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Banking activity is the implementation by banks and other banking operations stipulated by this article.2. Banking operations are: 1) receiving deposits, opening and maintaining bank accounts of legal entities; 4) opening and maintaining bank accounts of metallic natural and legal persons, which reflects the physical quantity of refined precious metals and coins made of precious metals belonging to the person; 6) transfer operations: execution of orders of individuals and entities for payments and money transfers. License to engage in transfer operations issued to banks and entities referred to in paragraph 1.6 of this article; 7) accounting operations: accounting (discount) the promissory notes and other debt obligations of natural and legal persons; 8) bank loan operations: granting of the bank, mortgage companies, brokers, and (or) a dealer with the right to manage client accounts as a nominee or subsidiaries of the holding of national control in the field of agriculture loans in cash to the terms of payment, maturity, and repayment; V053870 12) collection of notes, coins and valuables;\ 13) technique for collection of payment instruments (except for bills); 15) issuing banks, bank guarantees, providing execution of cash; V085231 1) the activity of micro-credit entities registered as micro-credit organizations in the manner determined by the legislation of the Republic of Kazakhstan; 2) acceptance by consumers of cash as payment for services rendered implemented by an attorney acting for and on behalf of principal (service provider) based on the agency contract, including through electronic terminals. Documents confirming the right attorney to accept payment in favor of the principal (service provider) must be submitted for review by the payer's demand. 9) safe operations: storage services securities issued in documentary form, documents and valuables of clients, including the leasing of safe deposit boxes, closets and rooms. 12. Banks are entitled to the following types of professional activity at securities market: 3) custodian; 4) the transfer agent. License to engage in banks of one or more compatible the above types of professional activity on securities market issued by the authority. A list of rating agencies and the minimum required rating stipulated in subparagraphs 1) and 2) of this paragraph shall be determined by the authority. 13. Banking operations under sub-paragraph 2) of paragraph 2 of this article may hold only the banks who are members of obligatory deposit insurance system, as well as national mail operator in accordance with the legislation of the Republic of Kazakhstan regulating its activities on the basis of a license issued by the authority. Banks (except for banks, more than fifty percent of the outstanding shares are owned by the state) not having a big party - the individual, the parent bank or holding company, with a certain rating from rating agencies, which list and the minimum required rating set by the authorized body, not the right to conduct banking operations stipulated in subparagraph 2) of paragraph 2 of this article.
Bank - the lender has the right in relation to the borrower fails to fulfill its obligations under the loan agreement: v not to grant new loans; v foreclose, without the consent of the borrower, the money is available to any accounts of the borrower (if this is stipulated in the loan agreement); v contact with a claim to the court for recognition of an insolvent debtor bankrupt in accordance with the laws of the Republic of Kazakhstan.
1. The composition of prudential norms set by the competent authority for mandatory compliance by banks include: v minimum capital of the bank; v capital adequacy ratio; v maximum risk per borrower; v liquidity ratio; v open currency positions. v The composition of prudential norms set by the competent authority for mandatory compliance with banking conglomerates include: v minimum capital; v capital adequacy ratio; v maximum risk per borrower. The authority may impose additional prudential standards and other mandatory standards and limits that are used in international banking practice. The authorized body in accordance with banking legislation of the Republic of Kazakhstan is taking steps to prosecute the banks and (or) bank holding companies or their officials, and (or) major bank participants - individuals who own more than twenty five percent stake in the bank for breach of bank prudential regulations and (or) other mandatory standards and limits. The authority may establish by banks and banking conglomerates who have no bank holding company, certain prudential regulations and their values at a level sufficient to cover the potential of significant losses arising from a possible maximum changes in risk factors inherent in the bank and banking conglomerate. 3. Normative values and calculation methodology of prudential standards and other mandatory standards and limits the size of the bank's capital and banking conglomerate, on a certain date, the order of calculation and the limits of open currency positions, forms of reporting and timing of its submission shall be established by the authority. 3-1. In case of failure by the bank or the banking conglomerate requirements of the authorized body, said in a written prescription to correct data in financial and (or) other accounting calculation of prudential standards and other mandatory standards and limits the authorized body on the basis of the corrected statements. Article 43. Reserve capital and provisions (reserves) 1. In order to cover losses associated with banking activities, banks are required to build a capital reserve. Reserve capital is created by the bank's net income before payment of dividends on ordinary shares. The minimum size of reserve capital of the bank is established by the authority.
1. Banking secrecy includes information on availability, ownership and numbers of bank accounts of depositors, clients and correspondent bank balances and cash flow in these accounts and the accounts of the bank, the operations of the bank (with the exception of the general conditions for banking operations), as well as information availability, ownership, nature and value of client assets in its custody in the safe deposit boxes, cases and bank premises. Do not apply to banking secrecy information on loans and deposits of the bank, in the process of elimination. 4. Banking secrecy may be disclosed only to the account holder (property) to any third person with the written consent of the account holder (property), given at the time of his personal presence at the bank, the credit bureau for bank loans, leasing, factoring, forfeiting operations, accounting bills, and issued by the bank guarantees, sureties, letters of credit in accordance with the laws of the Republic of Kazakhstan, as well as to the persons specified in paragraphs 5-8 of this article, on the grounds and within the limits prescribed by this article. 1) mandatory reporting by banks of the tax authorities about opening bank accounts of an individual engaged in entrepreneurial activities without forming a legal person or entity; 1-1) the mandatory reporting by banks authorized agency for financial monitoring of transactions subject to financial monitoring in accordance with the laws of the Republic of Kazakhstan on combating the legalization (laundering) of proceeds from illegal means, and the financing of terrorism; 2) representation of the issuer of the securities and the representative of holders of securities of information on loans, claims on which the pledged securities, including in the framework of a securitization transaction; 4) representation of other banks of data required for operations referred to in Articles 61-2, 61-3 of this Act; 6. Inquiries about availability and numbers of bank accounts of legal entities and (or) its structural unit, as well as current accounts of physical persons engaged in business activities without a legal entity, private notaries, lawyers on balances and cash flow in these accounts are issued by: a) the bodies of inquiry and preliminary investigation: on under their criminal cases with the approval of the prosecutor; b) courts: on under their affairs on the basis of the court; c) Attorney: Based on the order of production testing, within its competence, located in his review of materials; e) the tax authorities in respect of: v audited entity and (or) its structural subdivisions on matters relating to taxation; v inspect the individual entrepreneur on matters relating to taxation - on current accounts used by (used in) entrepreneurship; v verifiable private notary on issues related to taxation - on current accounts used by (used in) notarial activities; v inspected attorney on matters related to taxation - on current accounts used by (used in) advocacy; v individual entrepreneur who is subject to special order fulfillment of tax obligations upon termination of activities in accordance with the laws of the Republic of Kazakhstan; v legal entity and (or) its structural unit, individual entrepreneurs, private notaries, lawyers, the virtual absence of which the location is confirmed in the manner prescribed by the tax legislation of the Republic of Kazakhstan, and did not submit tax returns before the expiration of six months after the tax legislation of the Republic of Kazakhstan for it is presented, with the exception of the period of extension of this period in the cases stipulated by the tax legislation of the Republic of Kazakhstan; v dormant entity, individual entrepreneurs, private notaries, lawyers; q-1) enforcement proceeding: on under their affairs executive production by order the bailiff, stamped by authority of enforcement proceedings and authorized the prosecutor, or a copy certified by the seal of the territorial department of the executive body of the production. v person registered in the manner prescribed by law as a candidate for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan and maslikhats, as well as members of local authorities, and his wife (husband); v person who is a candidate for public office or office related to the implementation of state or equivalent functions and his wife (husband); v person released on parole from serving a sentence. The information provided in this paragraph shall be submitted at the request of the tax service in the form prescribed by the authorized body in coordination with the authorized state agency for regulation and supervision of financial markets and financial institutions. 7. Inquiries about availability and numbers of bank accounts of physical persons, balances and cash flow in these accounts, as well as the available information on the nature and value of his property, kept in safe deposit boxes, cases and bank premises, issued by: a) representatives of an individual: on the basis of a notarized power of attorney; a) vessels: on under their affairs on the basis of determination, decisions, decrees, court sentence in cases where money and other property of physical persons in the accounts or on deposit, may be seized, levied or applied confiscation of property; d) Attorney: Based on the order of production testing, within its competence, located in his review of materials. 7-1. Inquiries about the movement of money from bank accounts of the client, provided for in paragraphs 6 and 7 of this Article shall be submitted in the form of statements of cash flows for the customer's bank account. Information, which should contain an extract of cash flows for the customer's bank account, are determined by the regulations of the National Bank of Kazakhstan. a) the persons specified by the account holder (property) in a testamentary disposition; b) courts and notaries: by being in their inheritance cases based on the definition, a court order or written request of the notary, certified by its stamp. By written request, the notary must be accompanied by a copy of the death certificate of the account holder; c) foreign consular offices: by being in their inheritance cases. 10. Information containing bank secrecy is provided on the basis of international treaties of the Republic of Kazakhstan, the exchange of information Date: 2015-01-12; view: 1312
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