Article 17. The founders and shareholders of the bank

1. The founders and shareholders can be legal and physical persons - residents and nonresidents of the Republic of Kazakhstan (subject to the restrictions imposed by paragraph 5 of this Article and Article 18 of this Act).

2. State may be a founder and shareholder of the bank only in the face of the Government of the Republic of Kazakhstan, except as provided in this Article. State enterprises and organizations, more than fifty percent of the shares in the authorized capital or outstanding shares are owned by the state, may not be founders and shareholders of the Bank, except for national control of the holding.
The authorized body to implement the operation for the transfer of assets and liabilities of the bank, located in the mode of preservation may be the sole founder of the stabilization of the bank.

3. In order to protect the interests of bank creditors and to ensure stability of the banking system of Kazakhstan if the measures introduced by the authorized body, have not improved the financial condition of the bank:

1) for a single violation of bank capital adequacy ratio and (or) the liquidity ratio, or violation of other prudential standards and (or) other mandatory standards and limits of two or more times within twelve consecutive calendar months, the Government of the Republic of Kazakhstan on coordination with the authorized Authority may decide to acquire the Government of the Republic of Kazakhstan or the National Holding announced the bank's shares in the amount necessary to improve its financial condition and performance bank prudential regulation and (or) other mandatory standards and limits, in the manner provided in Article 17.2 this Act;

2) if the bank has negative capital amount the authority may by agreement with the Government of the Republic of Kazakhstan to carry out compulsory acquisition of shares of the bank with their compulsory subsequent immediate implementation of the purchase price to a new investor provides the required improvement in the financial position of the bank.

4. Legal entities registered in offshore zones, or have affiliates that are registered in offshore zones, or individuals who are members (founders, shareholders) of legal entities registered in offshore zones, the list is determined by the authorized body, may not directly or indirectly own, and ( or) use and (or) to dispose of the voting shares of banks resident of the Republic of Kazakhstan.

This restriction does not apply to banks that are subsidiaries of non-resident banks of the Republic of Kazakhstan, with an individual's credit rating no lower than A rating of one of the rating agencies, the list is determined by the authority.

5-1. Shareholders participating at the general meeting of shareholders, is a statement which specifies the implementation requirements of the first part of paragraph 5 of this Article by its shareholders (members), if the information on the country of registration of such shareholders (participants) is not in the bank.

A shareholder does not submit the declaration is not allowed to participate in the AGM.
In identifying the unreliability of the information specified in the application or identify violations of the requirements specified in the first part of paragraph 5 of this Article:

1) if the decision to vote for the majority of voting shares (without voting shares of the shareholder submitting the application), the decision of the general meeting of shareholders shall be deemed adopted without vote of the shareholders;

2) if the votes of shareholders who filed the petition, was crucial, this circumstance is a ground for annulment of decisions of the general shareholders' meeting at the request of the authorized body or other interested parties in the legislation of the Republic of Kazakhstan.

7. Directly or indirectly owning shares of a bank or influencing the decisions taken by the shareholder, except for national control of the holding shall at the request of the authorized body to represent the constituent documents and other information necessary to determine the major participants of the bank and their financial condition.

Date: 2015-01-12; view: 711