Article 3. The banking system of the Republic of Kazakhstan

1. The Republic of Kazakhstan has a two-tier banking system.

2. National Bank is the central bank of the state and represents the upper (first) tier of the banking system.

Objectives, principles of activity, legal status and powers are defined by the National Bank of Republic of Kazakhstan Law "On National Bank of Kazakhstan."

The National Bank carries out regulation and supervision on specific issues of banking activities within its competence, and promotes the general conditions for the functioning of banks and institutions performing certain types of banking operations.

Regulatory and supervisory functions of the National Bank for banks and institutions performing certain types of banking operations aimed at maintaining the stability of the monetary system of the Republic of Kazakhstan, the protection of the interests of creditors of banks, their depositors and clients. P090006

3. All other banks are lower (second) tier of the banking system with the exception of the Kazakhstan Development Bank, which has a special legal status, defined by legislation of the Republic of Kazakhstan.

5. A bank with foreign participation - second-tier bank, more than one-third of outstanding shares of which are in the possession, ownership and / or management:

a) residents of the Republic of Kazakhstan;

b) legal entities - residents of Republic of Kazakhstan, more than one-third of the issued shares or shares in the authorized capital of which are in the possession, ownership and / or management of non-residents of the Republic of Kazakhstan, or their equivalent entities - residents of Republic of Kazakhstan;

a) residents of the Republic of Kazakhstan, is the manager of funds (trustees), residents of the Republic of Kazakhstan or legal persons referred to in subparagraph b) of this paragraph.

5-1. Islamic bank - a bank in the second level, carry out banking activities provided for in Chapter 4-1 of this Act, under license from the authority. P090857

Islamic bank is not party to the system of compulsory deposit insurance, and deposits in an Islamic bank cannot be guaranteed obligatory deposit insurance system.

Features of the establishment and operation of an Islamic bank specified in Chapter 4-1 of this Act.

6. Interstate Bank - a bank created and operating under the international treaty (agreement), whose founders are the Government of the Republic of Kazakhstan (or authorized by the state agency) and government (the government) State (s) who signed the contract (agreement).

Article 10. Associations (unions) of banks

1. To coordinate their activities, protection and representation of common interests, joint projects and solve other common problems banks may form in accordance with applicable law associations and unions of banks.
2. Associations (unions) banks are non-profit organizations.

3. Associations (unions), banks may not be used to restrict competition in the banking system, the manipulation of rates of remuneration, conditions of supply of loans and other banking services.

Article 10-1. Consortia and other groups with participation of banks

In order to implement joint projects to provide loans and solution of other problems, banks may form consortia on the basis of an agreement on joint activities and participate in other consortia and associations.

Article 13. Permission of the authorized body on Opening Bank

1. The procedure of extradition and the grounds for refusal to issue a permit to open a bank determined by the banking legislation of the Republic of Kazakhstan.

2. Permission to open the bank is legally binding until the authority makes the decision to grant bank licenses to conduct banking operations.

Issued a permit to open a bank may be withdrawn by the authority.

3. Permission to open a bank to be returned by the bank to the authority for issuing licenses to banks to conduct banking transactions or when the court decides to terminate the activities of the bank, as well as in the case of withdrawal of permission on the grounds provided by paragraph 2 of Article 49 of this Law.
4. The Bank has the right to voluntarily return the permit issued to him to open the bank and re-register in accordance with legislation.

Date: 2015-01-12; view: 1091