Article 19. Application for a permit to open a bank

1. Legal or natural person may apply to the authority an application for a permit to open a bank.
2. The application is submitted to the Kazakh and Russian languages and shall contain the address of the applicant.
3. An application for a permit to open a bank must be accompanied by the following documents:
a) four copies of constituent documents (statute, constituent agreement), a copy of the minutes of the constituent assembly, witnessed by a notary and registered in accordance with legislation of the Republic of Kazakhstan;
b) information on the founders (the list by that authority), financial reporting, including consolidated over the last two completed fiscal years, the report of the audit organization's financial state of the founders;

b-1) documents and information stipulated in article 17.1 of this Act, if a person becomes a major member of the bank or bank holding company;

b-2) information on conditions and modalities for the acquisition of bank shares, including a description of the sources and means used to acquire shares, with copies of supporting documents;

i) business plan of newly created bank, approved by a person authorized to sign the founding documents that reveal strategies work direction and scope of activities, financial outlook (budget, balance of payments, profit and loss account for the first three financial (operational) years, the marketing plan (formation of the bank's clientele), a plan to attract workforce, the organization of risk management;
l) a notary or otherwise legally certified document confirming the authority of the applicant to submit an application on behalf of shareholders.
4. The report of the audit organization recognized as valid, provided the documents, confirming that it is:

independent of the founders of the audited banks and their officers;
authorized to perform audits in accordance with the license and qualification requirements for carrying out statutory audits of financial institutions authorized state body carrying out state regulation of auditing and oversight of auditors and professional audit firms, or in accordance with a license to perform audits of the competent authority State is a resident.

5. The authority may request additional information or documents necessary for the decision to grant permission to open a bank.

6.Application for a permit to open a bank may be withdrawn by the applicant at any time of its consideration by the authority.

Article 23. Procedure for consideration of the application for
permission to open a bank

1. Application for a permit to open a bank must be considered by competent authority within three months after the last applicant for additional information or document requested by the authorized body, but not more than six months from the date of the receipt.

2. The authorized body shall notify the applicant of the decision. Notification is sent to the address specified in the application for a permit to open a bank.

3. The authorized body shall keep a record of permits issued for the opening of the bank.

Article 25. State registration of a bank

State registration is implemented by the Justice under the authority of the authorized body to open the bank and the data supporting the approval of its founding documents with the competent authority.
The founders are obliged to apply to the judiciary for the state registration within one month after receiving the permission of the authorized body for the opening of the bank.

Article 26. Licensing of banking operations

1. License to conduct banking and other operations defined by this Law shall be issued by the authorized body or by the National Bank within their competence and in the manner prescribed by the authorized body, the National Bank, in accordance with the requirements of this Act.
License to conduct banking and other operations provided for in Article 52-5 of this Act, shall be issued only by the authorized body of Islamic banks.

National Bank or the authority may issue a license if permitted to refine the names of banks' operations in accordance with the laws of the Republic of Kazakhstan.
For a license fee is charged, the size and order of payment is determined by the laws of the Republic of Kazakhstan.

2. To obtain a license to conduct banking operations within one year from the date of state registration of the applicant must submit:

1) application;

2) documents showing the implementation of all organizational and technical measures, including the readiness of facilities, equipment and software to automate accounting and general ledger meeting the requirements of normative legal acts of the authorized body and the National Bank, as well as the availability of automated banking system that meets the requirements of the National Bank, and hire staff, appropriately qualified;
3) a notarized copy of the charter and a copy of the certificate of state registration as a legal entity;
4) A copy of the certificate of the taxpayer;
5) a document confirming payment of license fee to budget on the right to engage in certain activities;
6) documents of the persons proposed for the posts of Senior Officials of the bank in accordance with the requirements of Article 20 of this Act;
7) provision of internal audit service, approved by the board of directors of the bank;
8) provision for credit committee, approved by the board of directors of the bank;
9) staffing (including full names and patronymic in the presence of staff);
10) documents confirming compliance with program technical requirements of the bank's authorized body and the laws of the Republic of Kazakhstan on the credit bureaus;
11) copies of documents confirming payment of the authorized capital, the minimum size is set to the regulations of the authorized agency or the National Bank.
2-1. To obtain a license for additional banking operating bank must:
1) ensure compliance with prudential standards for three consecutive months prior to applying for a license for additional banking operations;
2) ensure compliance with the requirements established by the authorized body, in terms of availability of risk management and internal controls;
3) to rule on the general terms of additional types of banking operations.
3. Simultaneously with the application for a license to conduct banking transactions licensee must submit proof of compliance with the requirements of paragraph 2, in the manner prescribed by regulations of the authorized body or the National Bank.
Requirements for the bank to obtain a license under number 2), 10), paragraph 2 of this Article shall comply with the bank in carrying out banking activities.
4. Application for a license to conduct banking transactions should be considered by the authorized body or by the National Bank within thirty days from the date of submission of documents that comply with the legislation of the Republic of Kazakhstan.
5. A license to conduct banking operations in national and (or) foreign currency is issued for an indefinite period.
6. A license to conduct banking transactions are not transferable.
7. All types of banking transactions can be implemented only if direct instruction in the license to carry them out.
8. The decision on granting a license to conduct banking transactions published in official publications authorized agency or the National Bank.
9. Duly authenticated copy of the license to conduct banking transactions be posted in a place accessible for viewing by customers of the bank.

Article 29. Establishment, closure of branches and
bank representation

1. Resident bank of the Republic of Kazakhstan on the basis of decision of the board of directors of the bank without the consent of the authority may open their own separate units - branches and representative offices both in the Republic of Kazakhstan and beyond.
2. Bank within thirty days from the date of registration of its branch and representative offices in the judiciary is obliged to notify the authorized body on their opening with the application:
1) a notarized copy of certificate of registration of branch and representative offices;
2) a notarized copy of a branch or representative office with the stamp and seal of registered the authority of Justice;
3) notarized copies of the findings and the inspection of the National Bank confirming compliance of the branch premises requirements of the regulations of the National Bank (at the opening of a branch);

3) a notarized copy of power of attorney of the first head of a branch or representative office.

2. The creation, closure of a branch or representative office in Kazakhstan consent of the local representative and executive bodies is not required.

4. Bank branch - a separate division of the bank, not a legal entity, located outside the bank, carry out banking activities on behalf of the bank and acting within the powers granted him by the bank. Bank branch has a single with a bank balance, and the name is identical to the name of the bank.
Bank branch may have a premises located at several locations within one area (city of republican status, capital).

5. Representation of the bank - a separate division of the bank, not a legal entity, located outside the bank, acting for and on behalf of the bank and did not carry out banking activities.
6. Mandatory conditions of the opening of bank branches, as well as increasing the number of additional facilities of existing branches, including those located in several locations, are:

1) break-even operation of the bank up to the last completed fiscal year;

2) compliance by the bank prudential regulations within three months preceding the date of registration of branch in the judiciary and the date of registration in the judiciary amendments to the regulations on the branch in terms of increasing the number of additional facilities operating branch of the bank, including those located in several locations;

3) non-use of the authorized body to the bank within three months preceding the date of registration of branch in the judiciary and the date of registration in the judiciary amendments to the regulations on the branch in terms of increasing the number of additional facilities operating branch of the bank, including those located in several locations, the sanctions contemplated in subparagraphs b) - h) of paragraph 2 of Article 47 of this Law, as well as sanctions in the form of an administrative penalty for the misdemeanor referred to in paragraphs 2, 3, 5, 7 and 8 of Article 168-2 and Article 356 of the Code of the Republic of Kazakhstan on administrative Violations;

4) the availability of detention and inspection report of the National Bank confirming compliance of the branch premises requirements of the regulations of the National Bank.

Requirement referred to in subparagraph 1) of paragraph 6 of this Article shall not apply to the newly created bank within three years from the date of its establishment subject to compliance with the minimum equity capital of the bank.

7. Resident bank of the Republic of Kazakhstan has the right to open offices in the break-even condition of the bank up to the last completed fiscal year.

8. When you make changes and additions to the position of a branch or representative resident bank of the Republic of Kazakhstan shall, within thirty days from the date of registration (re-) with the judicial authorities to provide notarized copies of these documents to the authority.

If you change the location of the branch bank additionally submit to the authority notarized copy of the detention and inspection report of the National Bank confirming compliance of the branch premises requirements of the regulations of the National Bank.

8-1. Resident bank of the Republic of Kazakhstan has the right to open a branch outside the Republic of Kazakhstan only if there is an agreement between the competent authority and the relevant supervisory authority of a foreign country to share information.

9. Bank-resident of the Republic of Kazakhstan in the case of opening branches and representative offices outside the Republic of Kazakhstan, within thirty days from the date of registration in the appropriate states in writing inform the authority of their discovery with the documents confirming registration in the appropriate states.

10. Non-resident bank of Kazakhstan has the right to open a representative office without the consent of the authority.

11. Representation of non-resident bank of the Republic of Kazakhstan, within thirty days from the date of registration of the judicial authorities must notify in writing the authority to open the application:

1) a notarized copy of certificate of registration of representative offices of non-resident of the Republic of Kazakhstan;

2) a notarized copy of the representation with the stamp and seal of registered the authority of Justice;
3) a written confirmation of the banking supervisory authority of the State that non-resident bank of the Republic of Kazakhstan possesses a valid license for banking activities;

5) written notice to the banking supervisory authority of the State that he had no objection to the opening of representative offices of non-resident of the Republic of Kazakhstan on the territory of the Republic of Kazakhstan, or statements banking supervisory authority or an authoritative legal department of the State concerned that such a permit under the laws of the State Bank non-resident of the Republic of Kazakhstan is not required;

5) a notarized power of attorney to the head offices of the bank.
12. Opening of branches of non-resident banks in the Republic of Kazakhstan shall be prohibited.
13. Representation of non-resident bank of the Republic of Kazakhstan shall, within thirty days from the date of registration (re-) with the judicial authorities to notify the authority of amendments to the position of the representation of the application notarized copies of these documents.

14. Bank within thirty days from the date of the withdrawal of registration of its branches and (or) representation in the judiciary (the relevant registration authority of the state - at the termination of a branch or representative office outside the Republic of Kazakhstan) must notify the authorized body to terminate their work with the annex a notarized copy of the document body of justice, confirming the withdrawal of registration of branch and (or) representation of the bank.

15. The authority may require the closure of branches and (or) the representative office of the resident and representative offices of non-resident of the Republic of Kazakhstan in the event of failure to comply with paragraphs 2, 6 - 9, 11 and 13 of this article.

Chapter 3

Article 30. Banking

Date: 2015-01-12; view: 775