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Authorization for voluntary liquidation of an insurance (reinsurance) company as well as of a branch of an insurance (reinsurance) company non-resident of the Republic of Kazakhstan

Как получить услугу
Online
Legal entities

You can obtain a service via the Portal:

1. Click “Order Online” button, then a new window will open of e-Licensing Portal;

2. Sign in or log in on e-Licensing Portal;

3. Click “Order Service Online” button on e-Licensing Portal page;

4. Fill in the fields of request;

5. Sign a request with digital signature;

6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

Результат оказания услуги

When the service recipient applies for authorization of voluntary liquidation of the insurance (reinsurance) company the service provision output is a notice of the issuance of authorization for voluntary liquidation of the insurance (reinsurance) company or a notice of refusal for  voluntary liquidation of the insurance (reinsurance) company with a copy of resolution of the Board of authorized body.

When the service recipient applies for authorization of voluntary liquidation of the insurance (reinsurance) company branch a non-resident of the Republic of Kazakhstan the service provision output is a notice of issuance of authorization of voluntary liquidation of the insurance (reinsurance) company branch a non-resident of the Republic of Kazakhstan or a notice of refusal to issue an authorization of voluntary liquidation of the insurance (reinsurance) company branch a non-resident of the Republic of Kazakhstan with a copy of resolution of the Board of authorized body.

 
Часто задаваемые вопросы
What are the reasons for refusal to provide the public servise?

1) the violation of legitimate interests of policyholders and other creditors as a result of the proposed voluntary liquidation of an insurance (reinsurance) organization or voluntary termination of the activities of a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan;

2) the failure to eliminate the comments of the authorized body on the submitted documents within the time limit established by it;

3) the non-compliance of the submitted documents with the legislation of the Republic of Kazakhstan;

4) the insufficiency of funds of the insurance (reinsurance) organization, branch of the non-resident insurance (reinsurance) organization of the Republic of Kazakhstan for settlements on commitments;

5) the existence of obligations under insurance (reinsurance) contracts;

6) the absence of consent of the service recipient, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection", to access sensitive personal data, which are required for the public service provision.

Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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Полное название
Authorization for voluntary liquidation of an insurance (reinsurance) company as well as of a branch of an insurance (reinsurance) company non-resident of the Republic of Kazakhstan
Получатели услуги
Legal entities
Стоимость услуги

Free of charge

Срок оказания услуги

The service provision term is within 2 months

If the fact of incompleteness of the submitted documents is established, the authorized body within 2 working days from the application registration date will issue a reasoned refusal to  consider it furthermore.

Услугу оказывает
The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market
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