Unofficial translation
In accordance with subparagraph 4-4) of article 27 of the Law of the Republic of Kazakhstan dated November 26, 2012 "On microfinance activities", paragraph 2 of article 12 of the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications" and in order to implement the Law of the Republic of Kazakhstan dated July 3, 2020 "On amendments and additions to certain legislative acts of the Republic of Kazakhstan on mortgage loans in foreign currency, improvement of regulation of entities of payment services market, universal declaration and restoration of economic growth", the Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market RESOLVES:
1. To approve:
1) the Rules for licensing of microfinance activities in accordance with Appendix 1 to this Resolution;
2) Qualification requirements for implementation of microfinance activities and the list of documents confirming compliance with them, in accordance with Appendix 2 to this Resolution.
2. To declare invalid:
1) Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated March 24, 2020 No. 21 "On approval of the Rules for registration of organizations engaged in microfinance activities, including the list of documents submitted for registration, as well as maintaining and deleting from the register of organizations engaged in microfinance activities” (registered in the Register of state registration of regulatory legal acts under No. 20163, published on March 25, 2020 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
2) paragraph 2 of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market No. 55 dated April 30, 2020 "On amending certain regulatory legal acts of the Republic of Kazakhstan on regulating the activities of organizations engaged in microfinance activities" (registered in the Register of state registration of regulatory legal acts under No. 20549, published on April 30, 2020 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).
3. The Department of banking regulation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to ensure:
1) jointly with the Legal Department, state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;
2) posting of this resolution on the official Internet resource of the Agency of the Republic of Kazakhstan for regulation and development of the financial market after its official publication;
3) within ten working days after the state registration of this resolution, submission of information to the Legal Department on implementation of the measures provided for in subparagraph 2) of this paragraph.
4. The supervising Deputy Chairman of the Agency of the Republic of Kazakhstan for regulation and development of the financial market is authorized to control the execution of this resolution.
5. This resolution comes into force upon the expiration of twenty one calendar days after the day of its first official publication and applies to legal relations arising from January 1, 2021.
|
Chairperson of the Agency of the Republic of Kazakhstan for regulation and development of the financial market |
M. Abylkasymova |
"AGREED"
Ministry of national economy of the
Republic of Kazakhstan
"___" _____________ 2020
"AGREED"
Ministry of digital development,
innovations and aero-space industry of the
Republic of Kazakhstan
| Appendix 1 to the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of financial market dated November 23, 2020 № 108 |
Rules for licensing of microfinance activities
Chapter 1. General provisions
1. These Rules for licensing of microfinance activities (hereinafter referred to as the Rules) are developed in accordance with the laws of the Republic of Kazakhstan dated July 4, 2003 "On state regulation, control and supervision of the financial market and financial organizations", dated November 26, 2012 "On microfinance activities" (hereinafter - the Law), dated April 15, 2013 "On public services", dated May 16, 2014 "On permits and notifications" (hereinafter - the Law on permits and notifications) and determine the licensing procedure by the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the service provider) of microfinance activities carried out by microfinance organizations, credit partnerships and pawnshops (hereinafter referred to as the service recipient).
Chapter 2. Procedure for issuing a license to carry out microfinance activities
2. Documents are provided by the service recipient on paper or in electronic form through the "electronic government" web portal www.egov.kz (hereinafter referred to as the portal) in accordance with the public service standard "Issuance of a license to carry out microfinance activities" in accordance with Appendix 1 to the Rules (hereinafter referred to as the Standard). When the service recipient sends an application through the portal, the "personal account" automatically displays the status of acceptance of the request for provision of the public service, indicating the date and time of receipt of the result.
Information on the stage of provision of public services is updated automatically in the information system for monitoring the provision of public services.
Footnote. Paragraph 2 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 31.03.2021 No. 52 (shall be enforced twenty-one calendar days after the day of its first official publication).3. To obtain a license to carry out microfinance activities, the service recipient submits to the service provider an application for a license to carry out microfinance activities in the form in accordance with Appendix 2 to the Rules (hereinafter referred to as an application for a license) and documents provided for in paragraph 8 of the Standard.
4. Documents provided on paper, consisting of several sheets, are presented numbered and stitched with an indication of the number of stitched sheets on a label pasted on the back of the last sheet on the sewing unit.
Copies of documents are certified by the signature of the head of the executive body of the service recipient or the person performing his duties (with the submission of a copy of the confirmation document on the assignment of duties), indicating the last name, first name, patronymic (if any), indicating the correctness of the copy.
5. The service provider receives information from the relevant state information systems through the gateway of "electronic government", specified in the identity documents of an individual - a resident of the Republic of Kazakhstan, confirming the absence of an unexpunged or outstanding criminal record from an individual - a resident of the Republic of Kazakhstan, as well as on state registration (re-registration) of a legal entity.
Documents issued by competent authorities or officials of foreign states are subject to legalization or apostille in accordance with the requirements of the legislation of the Republic of Kazakhstan or international treaties ratified by the Republic of Kazakhstan (except for identity documents of an individual who is a non-resident of the Republic of Kazakhstan). These documents are translated into the Kazakh and Russian languages and are subject to notarial certification in accordance with the legislation of the Republic of Kazakhstan on notaries.
6. An employee of the service provider authorized to receive and register correspondence, on the day of receipt of the application for a license, accepts, registers and sends it for execution to the structural division of the service provider responsible for provision of a public service (hereinafter referred to as the responsible division).
Upon receipt of the service recipient's application after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application is accepted on the next working day.
7. An employee of the responsible division, within 2 (two) working days from the date of receipt and registration of the application for a license, verifies the completeness of the submitted documents.
If the fact of incompleteness of the submitted documents is established, the employee of the responsible division within the specified time period sends the service recipient a reasoned refusal to further consider the application.
8. When establishing the fact of the completeness of the submitted documents, the employee of the responsible unit, during the period of rendering the public service, examines the submitted documents for their compliance with the requirements of paragraphs 4 and 5 of the Rules, subparagraphs 1), 2), 3), 4), 5), 6), 7), 8), 9), 10), 11) and 12) of paragraph 8 of the Standard, prepares and submits a draft order for consideration to the authorized person of the service provider on issuing a license to carry out microfinance activities or a reasoned refusal to issue a license to carry out microfinance activities.
When identifying grounds for refusing to issue a license to carry out microfinance activities, the authorized body notifies the service recipient of the preliminary decision to refuse to issue a license, as well as the time and place (method) of the hearing to provide the service recipient with the opportunity to express a position on the preliminary decision.
Notification of the hearing is sent at least 3 (three) working days before the end of the term for provision of the public service. The hearing is held no later than 2 (two) working days from the date of notification.
An authorized person of the service provider signs a draft order on issuing a license to carry out microfinance activities or a reasoned refusal to issue a license to carry out microfinance activities.
Footnote. Paragraph 8 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).8-1. Within 3 (three) working days following the day the authorized person of the service provider makes the relevant decision, through the service provider's office, the employee of the responsible unit sends the service recipient a notification of the issuance of a license to carry out microfinance activities with an attached license to carry out microfinance activities or a reasoned refusal to issue a license to carry out microfinance activities.
On the portal, a notification of the issuance of a license to carry out microfinance activities with an electronic copy of the license attached or a reasoned refusal to issue a license to carry out microfinance activities is sent to the service recipient’s "personal account" in the form of an electronic document certified by an electronic digital signature (hereinafter - EDS) of an authorized person of the service provider.
Footnote. The Rules are supplemented by paragraph 8-1 in accordance with the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).9. In the event of a refusal to issue a license to carry out microfinance activities, the service recipient takes measures provided for in paragraph 2 of Article 15 of the Law.
10. The service provider issues to the service recipient a license to carry out microfinance activities in the Kazakh and Russian languages in the form in accordance with Appendix 3 to the Rules.
Chapter 3. Procedure for re-issuing, issuing a duplicate, suspension or termination of a license to carry out microfinance activities
11. Re-issuance of a license to carry out microfinance activities is carried out on the grounds and in the manner established by paragraph 2 of Article 14 of the Law, Articles 33 and 34 of the Law on Permits and Notifications.
Footnote. Paragraph 11 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 31.03.2021 No. 52 (shall be enforced twenty-one calendar days after the day of its first official publication).12. When reissuing a license, the service recipient applies to the service provider with an application for reissuing a license to carry out microfinance activities in the form in accordance with Appendix 4 to the Rules (hereinafter referred to as an application for reissuing a license for carrying out microfinance activities in the form in accordance with Appendix 4-1 to the Rules when changing the location, entailing an increase in the authorized capital, changing the name due to a change in the type of activity, reorganizing the service recipient on paper through the office of the service provider or in electronic form through the portal.
Footnote. Paragraph 12 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).13. An employee of the service provider, authorized to receive and register correspondence, on the day of receipt of an application for reissuing a license, accepts, registers and sends it for execution to the responsible division.
Upon receipt of the service recipient's application after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the application is accepted on the next working day.
14. An employee of the responsible division, within 1 (one) working day following the day of registration of the application for reissuance of the license, checks the completeness of the documents submitted.
15. In case of establishing the fact of incompleteness of the submitted documents, the responsible division, within 1 (one) working day following the day of receiving the documents of the service recipient, prepares and sends a reasoned refusal to further consider the application for reissuance of the license.
16. After establishing the fact of the completeness of the submitted documents, the responsible unit, during the period of provision of the public service, reviews the documents for their compliance with the requirements of the legislation of the Republic of Kazakhstan, prepares and sends a draft order for consideration to the authorized person of the service provider on reissuing a license for microfinance activities or a reasoned refusal to reissue a license for microfinance activities. An authorized person of the service provider signs a draft order on reissuing a license to carry out microfinance activities or a reasoned refusal to reissue a license to carry out microfinance activities.
When grounds for refusal to reissue a license to carry out microfinance activities are identified, the authorized body notifies the service recipient of the preliminary decision to refuse to reissue the license, as well as the time and place (method) of the hearing to provide the service recipient with the opportunity to express a position on the preliminary decision.
Notification of the hearing is sent at least 3 (three) working days before the end of the term for the provision of the public service. The hearing is held no later than 2 (two) working days from the date of notification.
If there are grounds for refusal to reissue a license to carry out microfinance activities, the period for consideration of an application for reissuing a license may be extended by a reasoned decision of the head of the service provider or his deputy for a reasonable period, but not more than 2 (two) months due to the need to establish factual circumstances, important for the correct consideration of the application for reissuance of a license, which is notified to the applicant within 3 (three) working days from the date of extension, in accordance with paragraph 3 of Article 76 of the Administrative Procedure Code of the Republic of Kazakhstan.
Footnote. Paragraph 16 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).17. An employee of the responsible division, within 1 (one) working day following the day when the authorized person of the service provider makes the appropriate decision (within the period for provision of the public service), through the service provider's office, sends the service recipient a notice of reissuing a license to carry out microfinance activities with the attachment of a reissued license for carrying out microfinance activities or a motivated refusal to reissue a license to carry out microfinance activities.
On the portal, a notice of reissuing a license to carry out microfinance activities with the attachment of an electronic copy of the reissued license or a reasoned refusal to reissue a license to carry out microfinance activities is sent to the service recipient’s "personal account" in the form of an electronic document certified by the EDS of the authorized person of the service provider.
18. Upon receipt of an application for the issuance of a duplicate license to carry out microfinance activities (if the previously issued license was issued in paper form), the service provider's employee authorized to receive and register correspondence, on the day of receipt of the application for issuing a duplicate license to carry out microfinance activities, accepts it, registers and sends for execution to the responsible division.
Upon receipt of the service recipient's application after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the application is accepted on the next working day.
The responsible division within 2 (two) working days (within the period for the provision of a public service) considers the submitted documents for their compliance with the requirements of the legislation of the Republic of Kazakhstan, prepares a draft of a duplicate license to carry out microfinance activities (hereinafter - a duplicate license) or refusal, signs a duplicate of the license either the refusal of the authorized person of the service provider, sends a notification of the issuance of a duplicate license with the attachment of a duplicate license, or refusal to issue a duplicate license to the service recipient through the office of the service provider.
On the portal, a notification of the issuance of a duplicate license with an attachment of an electronic copy of a duplicate of a license or a refusal to issue a duplicate of a license to the service recipient is sent to the service recipient’s "personal account" in the form of an electronic document certified by the EDS of the authorized person of the service provider.
19. Suspension or revocation of the service recipient’s license to carry out microfinance activities is carried out on the grounds provided for in Article 16 of the Law.
20. The decision of the service provider to suspend or revoke the license to carry out microfinance activities is sent for execution to the service recipient within 5 (five) working days from the date of the said decision. Information about the decision made is posted on the service provider's Internet resource.
21. When the service recipient voluntarily applies to the service provider about the termination of the license to carry out microfinance activities, the service recipient submits an application for the termination of the license to carry out microfinance activities in connection with a voluntary appeal to the service provider in the form in accordance with Appendix 5 to the Rules (hereinafter - the application for termination of the license).
22. The following documents are attached to the application for termination of the license in hard copy through the office of the service provider or in electronic form through the portal:
1) the decision of the authorized body of the service recipient on a voluntary application to the service provider to terminate the license to carry out microfinance activities;
2) a letter confirming the fulfillment of all obligations;
3) the balance sheet and an explanatory note to it, drawn up as of the last working day preceding the day of sending the application for termination of the license. The explanatory note to the balance sheet discloses information about the service recipient's creditors (if any) indicating the amounts of accounts payable and the grounds for its occurrence;
4) information confirming the fulfillment of the conditions of paragraph 23 of the Rules.
Footnote. Paragraph 22 is provided for in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).23. Information on the service recipient's voluntary appeal to the service provider about the termination of the license to carry out microfinance activities is published by the service recipient in at least one periodical printed publication in the Kazakh and Russian languages, distributed throughout the territory of the Republic of Kazakhstan, for 60 (sixty) calendar days or more before the date of filing the application for termination of the license to the service provider.
24. The application for termination of the license is considered by the service provider within 30 (thirty) working days from the date of receipt of the documents specified in paragraph 25 of the Rules.
25. A voluntary appeal to the service provider to terminate the license is made when the service recipient meets the following conditions:
1) submission of a full package of documents specified in paragraph 22 of the Rules;
2) the consignee has no obligations.
Footnote. Paragraph 25 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 31.03.2021 No. 52 (shall be enforced twenty-one calendar days after the day of its first official publication).26. If the service recipient fails to comply with the conditions stipulated in paragraph 25 of the Rules, the service provider refuses to terminate the license to carry out microfinance activities. If the service recipient resubmits an application for the termination of the license, the calculation of the period for its consideration by the service provider starts from the day of its re-submission.
27. Not later than 10 (ten) working days from the date of receipt of the service provider's letter about the possibility of termination of the license to carry out microfinance activities, the service recipient returns the original of the license issued in hard copy to the service provider.
Not later than 30 (thirty) working days from the date of receipt of the service provider's letter about the possibility of termination of the license to carry out microfinance activities, the service recipient notifies the service provider of state re-registration in terms of excluding the word "microfinance organization" or the abbreviation "MFO" from the name of the microfinance organization, the name of the credit partnership – the words "Credit partnership", the name of the pawnshop - the word "pawnshop".
Chapter 4. Procedure for appealing decisions, actions (inaction) of the service provider and (or) his officials on provision of public services
28. An appeal against decisions, actions (inaction) of the service provider and (or) his officials on the provision of public services is made in writing by mail or on purpose through the office of the service provider addressed to the head of the service provider or a person replacing him.
A service recipient's complaint on the provision of public services received by the service provider is considered within 5 (five) working days from the date of its registration.
29. The complaint specifies:
1) surname, name, patronymic (if any) of the head of the service provider or a person replacing him;
2) the full name and location of the service recipient;
3) business identification number of the service recipient (branch and representative office);
4) the name of the service provider and (or) the last name, first name, patronymic (if any) of the official, whose decision, action (inaction) is (are) appealed;
5) the circumstances on which the person filing the complaint bases his claims and evidence;
6) the outgoing number and date of filing the complaint;
7) a list of documents attached to the complaint.
30. The complaint is signed by the service recipient or a person who is his representative.
31. Confirmation of acceptance of the complaint by the head of the service provider is its registration (stamp, incoming number and date) in the office of the service provider indicating the last name, first name, patronymic (if any), who accepted the complaint, the time and place of receiving a response to the complaint.
32. When contacting through the portal, information on the procedure for appeal is provided by calling the Unified Contact Center: 8-800-080-7777 or 1414.
When sending a complaint through the portal to the service recipient from the "personal account", information about the appeal is available, which is updated during the processing of the appeal by the service provider (notes on delivery, registration, execution, response on consideration or refusal to consider).
33. In case of disagreement with the results of the rendered public service, the service recipient files a complaint to the authorized body for assessment and control over the quality of provision of public services.
The service recipient's complaint received by the authorized body for assessment and control over the quality of provision of public services is considered within 15 (fifteen) working days from the date of its registration.
34. In case of disagreement with the results of the rendered public service, the service recipient applies to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
| Appendix 1 to the Rules of licensing of microfinance activity |
Public service standard "Issuance of a license to carry out microfinance activities"
Footnote. Appendix 1 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).
1. | Name of the service provider | Agency of the Republic of Kazakhstan for regulation and development of the financial market |
2. | Ways to provide a public service | Web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal), office of the service provider |
3. | The term for provision of a public service |
From the date of submission of the package of documents to the service provider, as well as from the day of applying to the portal: |
4. | Form of provision of a public service | Electronic (fully automated) and paper |
5. | Result of provision of a public service | Notification of the issuance of a license, a duplicate of a license, reissuance of a license or a reasoned refusal to provide a public service |
6. | The amount of payment charged from the service recipient in the provision of a public service, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
License fees: |
7. | Schedule |
1) service provider - from Monday to Friday from 9.00 to 18.30 with a lunch break from 13.00 to 14.30, except weekends and holidays, in accordance with Articles 80 and 81 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Labor Code) and Articles 3 and 5 of the Law of the Republic of Kazakhstan "On holidays in the Republic of Kazakhstan" (hereinafter - the Law on holidays); |
8. | List of documents required for provision of a public service |
When the service recipient applies to the portal to obtain a license: |
9. | Grounds for refusal to provide a public service, established by the legislation of the Republic of Kazakhstan |
Grounds for refusal to issue a license: |
10. | Other requirements, taking into account the specifics of the provision of a public service, including those provided in electronic form |
The address of the place of provision of the public service is posted on the official Internet resource of the service provider. |
| Appendix 2 to the Rules for licensing of microfinance activity |
Form
| To ____________________________ (full name of the service provider) from ____________________________ (name of service recipient) |
Application for a license to carry out microfinance activities
Footnote. Appendix 2 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).
I ask you to issue a license to carry out microfinance activities:
________________________________________________________________________
(type of microfinance activity)
Information about the service recipient:
1. Name, location and actual address
________________________________________________________________________
(zip code, region, city, district, street, house, office number)
________________________________________________________________________
(business identification number (if any)
________________________________________________________________________
(telephone number, fax number, e-mail address, Internet resource)
2. Number and date of the certificate of state registration of the issue of announced
shares (for legal entities established in the organizational and legal form of a
joint-stock company) and the amount of the authorized capital of the service recipient
__________________________________________________________________________
__________________________________________________________________________
3. Information about major participants (major shareholders) of the service recipient:
1) _______________________________________________________________________ ;
(surname, name and patronymic (if any) of a major participant (major
shareholder) - an individual, name, as well as business identification
number of a major participant (major shareholder) - legal entity)
2) information on the presence of an outstanding or unexpunged conviction of an individual
___________________________________________________________________________;
3) information about registration, place of residence or location
___________________________________________________________________________;
(country, zip code, city, district, region, street, house number, office number)
4) information about the presence of registration, place of residence or location
at offshore zones, the list of which is established by the resolution of the Board of the
Agency of the Republic of Kazakhstan for regulation and development of the financial market
dated February 24, 2020 No. 8 "On establishment of the List of offshore zones for the purposes of
banking and insurance activities, activities of professional participants of
securities market and other licensed activities in the securities market,
activities of equity investment funds and activities of
organizations engaged in microfinance activities” (registered
in the Register of State Registration of Regulatory Legal Acts No. 20095)
________________________________________________________________________;
yes (no)
5) information whether a major participant in the service recipient is a legal
entity, a founder (shareholder, participant) or executive officer of which previously
was the first head or founder (participant) of a microfinance
organization, credit partnership, pawnshop, for a period not exceeding one year
before the adoption by the authorized body for regulation, control and supervision of the
financial market and financial organizations (hereinafter referred to as the authorized body)
of the decision to deprive these organizations of a license to carry out
microfinance activities on the grounds provided for in subparagraphs 1),
2), 3), 4), 5), 6), 7) and 9) of paragraph 2 of Article 16 of the Law of the Republic of Kazakhstan
"On microfinance activities"
________________________________________________________________________
________________________________________________________________________;
yes (no)
6) information about legal entities in which a major participant (major shareholder) of the service
recipient owns directly and (or) indirectly ten or more percent of voting shares (stakes in
the authorized capital):
________________________________________________________________________
(name, location, type of activity and data on state registration of a legal entity)
________________________________________________________________________
________________________________________________________________________;
(ownership: direct and (or) indirect, percentage ratio of the number of voting shares of a legal
entity owned by a participant (shareholder) to the total number of voting shares of a legal
entity or a share in the authorized capital of a legal entity)
7) information about whether he was or is a major participant - an individual
or the first head of a major participant - a legal entity and (or)
executive officer of a financial institution, head or deputy
head of a branch of a non-resident bank of the Republic of Kazakhstan, a branch of an insurance
(reinsurance) organization-non-resident of the Republic of Kazakhstan, a branch of an
insurance broker-non-resident of the Republic of Kazakhstan for a period not exceeding one
year before the authorized body makes a decision to classify the bank, a branch of a
non-resident bank of the Republic of Kazakhstan to the category of insolvent banks,
branches of non-resident banks of the Republic of Kazakhstan, conservation of insurance
(reinsurance) organization, forced buyout of its shares, deprivation of a
license of a financial organization, a branch of a non-resident bank of the Republic
Kazakhstan, a branch of an insurance (reinsurance) non-resident organization of the
Republic of Kazakhstan, a branch of an insurance broker-non-resident of the Republic of
Kazakhstan, or the entry into force of a court decision on compulsory
liquidation of a financial organization or declaring it bankrupt in the manner, prescribed by the
legislation of the Republic of Kazakhstan, or entry into force of the
court decision on the forced termination of the activities of a branch of the bank -
non-resident of the Republic of Kazakhstan, a branch of the insurance (reinsurance)
non-resident organization of the Republic of Kazakhstan
________________________________________________________________________
4. Information about the head employees of the service recipient:
1) _____________________________________________________________________;
(last name, first name and patronymic (if any), position)
2) general information:
Date and place of birth | |
Citizenship | |
Details of the identity document, individual identification number |
3) education:
№ | Name of the educational institution | Year of admission - year of graduation | Specialty | Details of the diploma of education (date and number (if any) |
1 | 2 | 3 | 4 | 5 |
4) information about spouse, close relatives (parents, brother, sister, children)
and in-laws (parents, brother, sister, children of the spouse (wife) (do not fill out
for executives of microfinance organizations, pawnshops
in the organizational and legal form of a joint-stock company):
№ | Surname, name, patronymic (if any) | Year of birth | Relationships | Place of work and position |
1 | 2 | 3 | 4 | 5 |
5) information on participation of the service recipient's manager in the authorized capital or ownership of shares of legal entities:
№ | Name and location of the legal entity | Statutory activities of the legal entity | Share of participation in the authorized capital or the ratio of the number of shares owned by an executive employee of the service recipient to the total number of voting shares of the legal entity (in percent) |
1 | 2 | 3 | 4 |
6) information about labor activity (information is indicated on all labor activity of the manager of the service recipient (also membership in the management body), including from the moment of graduation from a higher educational institution, indicating the position in a financial organization, banking and (or) insurance holding company, as well as the period during which the manager of the service recipient did not work):
№ | Period of work (date, month, year) | Place of work | Position | Reasons for dismissal | Supervised units, main functional responsibilities |
1 | 2 | 3 | 4 | 5 | 6 |
7) information on whether the executive employee of the service recipient was previously a head, a member of the management body, a head, a member of the executive body, a chief accountant of a financial organization, a head or deputy head of a branch of a non-resident bank of the Republic of Kazakhstan, a branch of an insurance (reinsurance) company - non-resident of the Republic of Kazakhstan, a branch of an insurance broker-non-resident of the Republic of Kazakhstan, a major participant - an individual, a head of a major participant (bank holding company) - a legal entity of a financial organization in the period not more than one year before the decision made by the authorized body to classify a bank, a branch of a bank-non-resident of the Republic of Kazakhstan to the category of insolvent banks, branches of non-resident banks of the Republic of Kazakhstan, conservation of an insurance (reinsurance) company or forced buyout of its shares, deprivation of a license of a financial organization, a branch of a non-resident bank of the Republic of Kazakhstan, a branch of an insurance (reinsurance) company-non-resident of the Republic of Kazakhstan, a branch of an insurance broker-non-resident of the Republic of Kazakhstan, resulting in their liquidation and (or) termination of activities in the financial market, or the entry into force of a court decision on the forced liquidation of a financial organization or declaring it bankrupt in the manner, established by the legislation of the Republic of Kazakhstan, or the entry into force of a court decision on the forced termination of the activities of a branch of a bank-non-resident of the Republic of Kazakhstan, a branch of an insurance (reinsurance) company-non-resident of the Republic of Kazakhstan
__________________________________________________________________________
(name of the financial institution, position,
_________________________________________________________________________;
work period)
8) whether the executive employee’s consent to the appointment (election) to the position of an executive employee in this and (or) another financial organization, this and (or) another branch of a non-resident bank of the Republic of Kazakhstan, a branch of an insurance (reinsurance) organization-non-resident of the Republic of Kazakhstan, a branch of an insurance broker-non-resident of the Republic of Kazakhstan was revoked
_________________________________________________________________ ; yes (no)
9) whether an executive employee of the service recipient was held accountable for committing a corruption offense or whether he was subjected to an administrative penalty before the date of appointment (election) for committing a corruption offense __________________________________________________________________ yes (no)
_________________________________________________________________________
a brief description of the offense, crime, court decision,
________________________________________________________________________;
indicating the grounds for prosecution
10) information on whether the executive officer of the service recipient was previously a manager, member of the management body, head, member of the executive body, chief accountant of a financial institution, major participant (major shareholder) - an individual, manager, member of the management body, head, member of the executive body, chief accountant of a major participant (major shareholder) - a legal entity-issuer that defaulted on the payment of coupon interest on issued equity securities for four or more consecutive periods, or whose debt on payment of coupon interest on issued equity securities, for which default was made, amounts to four times and (or) more than the amount of the coupon interest, or the amount of default on the payment of the principal debt on issued equity securities is an amount ten thousand times the amount of the monthly calculation index, established by the law on the republican budget as of the date of payment
__________________________________________________________________ yes (no),
(name of the legal entity,
________________________________________________________________________;
position, work period)
11) information about the presence of an outstanding or unexpunged criminal record
________________________________________________________________________
________________________________________________________________________;
12) information on the presence of a court decision which has entered into legal force in respect of an executive employee on the application of a criminal penalty in the form of deprivation of the right to hold the position of an executive employee of a financial organization, banking and (or) insurance holding company and be a major participant (major shareholder) of a financial organization for life
________________________________________________________________________
________________________________________________________________________
5. Whether the requirement to join the unified information system in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism has been met
__________________________________________________________________________
__________________________________________________________________. yes (no)
6. Whether the requirement to install an information system that ensures the automation of accounting has been met
__________________________________________________________________________
__________________________________________________________________. yes (no)
7. The list of documents to be sent, the number of copies and sheets for each of them:
__________________________________________________________________________
_________________________________________________________________________.
The service recipient confirms the accuracy and completeness of the documents and information attached to the application.
The Service Receiver consents to the use of information constituting a secret protected by law contained in information systems.
Surname, name, patronymic (if any) of the head of the executive body of the service recipient or the person authorized to submit the application (with attachment of supporting documents).
__________________________________________________________________________
(signature or electronic digital signature) (date)
| Appendix 3 to the Rules for licensing of microfinance activity |
Form
Coat of arms of the Republic of Kazakhstan
full name of the authorized body
on regulation, control and supervision of
financial market and financial organizations
License to carry out microfinance activities
Footnote. Appendix 3 - as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 31.03.2021 No. 52 (shall be enforced twenty-one calendar days after the day of its first official publication).
Number of license __________ Date of issue " ____ "______
_________________________________________________________________________
(name of the microfinance organization, credit partnership, pawnshop)
_________________________________________________________________________
(zip code, region, city, district, street, house number, office number)
This license gives the right to carry out microfinance activities:
_________________________________________________________________________
(type of microfinance activity)
Authorized person of the service provider _________________________________________
(signature or electronic digital signature)
_________________________________________________________________________
(last name, first name, patronymic (if any)
| Appendix 4 to the Rules for licensing of microfinance activities |
|
| Form | |
| To _________________________ (full name of the service provider) From ________________________ (full name of the service recipient) |
Application for reissuance of a license to carry out microfinance activities
I ask to reissue the license to carry out microfinance activities
________________________________________________________________________ .
(indicate the reason for the license reissuance)
1. Name, location of the service recipient ___________________________
__________________________________________________________________________
(zip code, region, city, district, street, house, office number)
_________________________________________________________________________ .
(telephone number, fax number, e-mail address, internet resource)
2. Microfinance license data
__________________________________________________________________________
(number, date of issue, name of the state body that issued the license
_______________________________________________________________. )
3. List of documents to be sent, number of copies and sheets for each of them
________________________________________________________________________ .
The service recipient confirms the accuracy of the documents (information) attached to the application.
The service recipient grants consent to the use of information constituting a secret protected by law, contained in information systems.
Surname, name, patronymic (if any) of the head of the executive body of the service recipient or the person authorized to submit an application (with the attachment of supporting documents).
_____________________________________________________ ________________
(signature or EDS) (date)
| Appendix 4-1 to the Rules for licensing of microfinance activity |
Form
| To ____________________________ (full name of the service provider) from ____________________________ (full name of the service recipient) |
Application for reissuance of a license to carry out microfinance activities
Footnote. The Rules are supplemented by Appendix 4-1 in accordance with the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 31.03.2021 No. 52 (shall be enforced twenty-one calendar days after the day of its first official publication); as amended by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).
I ask you to reissue a license for microfinance activities
_________________________________________________________________________.
(indicate the reason for reissuance of the license)
1. Data on the license to carry out microfinance activities
_________________________________________________________________________.
(number, date of issue, name of the state body that issued the license)
Information about the service recipient:
2. Name, location and actual address
__________________________________________________________________________
(zip code, region, city, district, street, house, office number)
__________________________________________________________________________
(business identification number (if any)
_________________________________________________________________________.
(telephone number, fax number, e-mail address, Internet resource)
3. Number and date of the certificate of state registration of the issue of announced
shares (for legal entities established in the organizational and legal form of a
joint-stock company) and the amount of the authorized capital of the service recipient
__________________________________________________________________________
__________________________________________________________________________
4. Information about major participants (major shareholders) of the service recipient:
1)________________________________________________________________________;
(surname, name and patronymic (if any) of a major participant (major
shareholder) - an individual, name, as well as business identification
number of a major participant (major shareholder) – a legal entity
2) information on the presence of an outstanding or unexpunged conviction of an individual
_________________________________________________________________________;
3) information about registration, place of residence or location
_________________________________________________________________________;
(country, zip code, city, district, region, street, house number, office number)
4) information about the presence of registration, place of residence or location
at offshore zones, the list of which is established by the resolution of the Board of the
Agency of the Republic of Kazakhstan for regulation and development of the financial market
dated 24.02.2020 No. 8 "On establishment of the List of offshore zones for the purposes of
banking and insurance activities, activities of professional participants of
securities market and other licensed activities in the securities market, activities of equity investment funds and activities of
organizations engaged in microfinance activities” (registered
in the Register of State Registration of Regulatory Legal Acts No. 20095)
________________________________________________________________; yes (no)
5) information on whether the major participant of the service recipient is a legal
entity whose founder (shareholder, participant) or executive officer previously
was the first head or founder (participant) of a microfinance
organization, credit partnership, pawnshop, for a period not exceeding one year
before the adoption by the authorized body for regulation, control and supervision over
financial market and financial organizations (hereinafter referred to as the authorized body)
of the decision to deprive these organizations of a license to carry out
microfinance activities on the grounds provided for in subparagraphs 1),
2), 3), 4), 5), 6), 7) and 9) of paragraph 2 of Article 16 of the Law of the Republic of Kazakhstan
"On microfinance activities"
________________________________________________________________; yes (no)
6) information about legal entities in which a major participant (major shareholder)
of the service recipient owns directly and (or) indirectly ten percent or more of the
voting shares (stakes in the authorized capital):
__________________________________________________________________________
(name, location, type of activity and data on the state
________________________________________________________________________
registration of a legal entity)
_________________________________________________________________________;
(ownership: direct and (or) indirect, percentage of
voting shares of a legal entity owned by a participant (shareholder),
to the total number of voting shares of a legal entity or share of participation
in the authorized capital of a legal entity)
7) information about whether he was or is a major participant - an individual
or the first head of a major participant - a legal entity and (or)
executive officer of a financial institution, head or deputy
head of a branch of a non-resident bank of the Republic of Kazakhstan, a branch of an insurance
(reinsurance) company-non-resident of the Republic of Kazakhstan, a branch of an
insurance broker-non-resident of the Republic of Kazakhstan for a period not exceeding one
year before the authorized body makes a decision to classify the bank, branch of
non-resident bank of the Republic of Kazakhstan to the category of insolvent banks,
branches of non-resident banks of the Republic of Kazakhstan, conservation of insurance
(reinsurance) company, forced buyout of its shares, deprivation of licenses of a financial
organization, a branch of a non-resident bank of the Republic of
Kazakhstan, a branch of an insurance (reinsurance) non-resident company of the
Republic of Kazakhstan, a branch of an insurance broker-non-resident of the Republic
Kazakhstan, or the entry into force of a court decision on compulsory
liquidation of a financial organization or declaring it bankrupt in the manner prescribed by the
legislation of the Republic of Kazakhstan, or entry into force of a
court decision on the forced termination of the activities of a branch of a bank -
non-resident of the Republic of Kazakhstan, a branch of an insurance (reinsurance)
non-resident organization of the Republic of Kazakhstan
_______________________________________________________________________.
5. Information about the executives of the service recipient:
1) ______________________________________________________________________;
(last name, first name and patronymic (if any), position)
2) general information:
Date and place of birth | |
Citizenship | |
Details of the identity document, individual identification number |
3) education:
№ | Name of the educational institution | Year of admission - year of graduation | Specialty | Details of the diploma of education (date and number (if any) |
1 | 2 | 3 | 4 | 5 |
;
4) information about the spouse, close relatives (parents, brother, sister, children) and in-laws (parents, brother, sister, children of the spouse (wife) (do not fill in for executives of microfinance organizations, pawnshops in the legal form of a joint stock company):
№ | Surname, name, patronymic (if any) | Year of birth | Relationships | Place of work and position |
1 | 2 | 3 | 4 | 5 |
;
5) information on the participation of an executive employee of the service recipient in the authorized capital or ownership of shares of legal entities:
№ | Name and location of the legal entity | Statutory activities of the legal entity | Share of participation in the authorized capital or the ratio of the number of shares owned by an executive employee of the service recipient to the total number of voting shares of the legal entity (in percent) |
1 | 2 | 3 | 4 |
;
6) information about labor activity (information is indicated on all labor activity of the manager of the service recipient (also membership in the management body), including from the moment of graduation from a higher educational institution, indicating the position in a financial institution, banking and (or) insurance holding company, as well as the period during which the manager of the service recipient did not work):
№ | Period of work (date, month, year) | Place of work | Position | Reasons for dismissal | Supervised units, main functional responsibilities |
1 | 2 | 3 | 4 | 5 | 6 |
;
7) information on whether the executive employee of the service recipient was previously a head, a member of the management body, a head, a member of the executive body, a chief accountant of a financial organization, a head or deputy head of a branch of a non-resident bank of the Republic of Kazakhstan, a branch of an insurance (reinsurance) company - a non-resident of the Republic of Kazakhstan, a branch of an insurance broker-non-resident of the Republic of Kazakhstan, a major participant - an individual, the head of a major participant (bank holding company) - a legal entity of a financial organization in the period not more than one year before the decision by the authorized body to classify a bank, a branch of a bank-non-resident of the Republic of Kazakhstan to the category of insolvent banks, branches of non-resident banks of the Republic of Kazakhstan, conservation of an insurance (reinsurance) company or forced buyout of its shares, deprivation of a license of a financial organization, a branch of a non-resident bank of the Republic of Kazakhstan, a branch of an insurance (reinsurance) company-non-resident of the Republic of Kazakhstan, a branch of an insurance broker-non-resident of the Republic of Kazakhstan, resulting in their liquidation and (or) termination of activities in the financial market, or the entry into force of a court decision on the forced liquidation of a financial organization or declaring it bankrupt in the manner established by the legislation of the Republic of Kazakhstan, or the entry into force of a court decision on the forced termination of the activities of a branch of a bank-non-resident of the Republic of Kazakhstan, a branch of an insurance (reinsurance) company-non-resident of the Republic of Kazakhstan
__________________________________________________________________________
(name of the financial institution, position,
_________________________________________________________________________;
work period)
8) whether the executive employee’s consent to the appointment (election) to the position of an executive employee in this and (or) another financial organization, this and (or) another branch of a non-resident bank of the Republic of Kazakhstan, a branch of an insurance (reinsurance) organization-non-resident of the Republic of Kazakhstan, a branch of an insurance broker-non-resident of the Republic of Kazakhstan was revoked
__________________________________________________________________; yes (no)
9) whether an executive employee of the service recipient was held accountable for committing a corruption offense or whether he was subjected to an administrative penalty before the
date of appointment (election) for committing a corruption offense
___________________________________________________________________ yes (no)
__________________________________________________________________________
a brief description of the offense, crime, court decision,
_________________________________________________________________________;
indicating the grounds for prosecution)
10) information on whether the executive officer of the service recipient was previously a manager, member of the management body, head, member of the executive body, chief accountant of a financial institution, major participant (major shareholder) - an individual, manager, member of the management body, head, member of the executive body, chief accountant of a major participant (major shareholder) - a legal entity-issuer that defaulted on the payment of coupon interest on issued equity securities for four or more consecutive periods, or whose debt on payment of coupon interest on issued equity securities, for which default was made, amounts to four times and (or) more than the amount of the coupon interest, or the amount of default on the payment of the principal debt on issued equity securities is an amount ten thousand times the amount of the monthly calculation index, established by the law on the republican budget as of the date of payment
_________________________________________________________________ yes (no),
(name of the legal entity,
_______________________________________________________________________;
position, work period)
11) information about the presence of an outstanding or unexpunged criminal record
______________________________________________________________________
______________________________________________________________________;
12) information on the presence of a court decision against an executive employee which has entered into legal force, on the application of a criminal penalty in the form of deprivation of the right to hold the position of an executive employee of a financial organization, banking and (or) insurance holding company and be a major participant (major shareholder) of a financial organization for life
________________________________________________________________________
_______________________________________________________________________.
6. Whether the requirement to join the unified information system in the field of combating
the legalization (laundering) of proceeds from crime and the financing of terrorism has been met
_________________________________________________________________________.
yes (no)
7. Whether the requirement to establish an information system that ensures the automation of accounting has been met
_________________________________________________________________________.
yes (no)
8. The list of documents to be sent, the number of copies and sheets for each of them:
_________________________________________________________________________
_________________________________________________________________________.
The service recipient confirms the accuracy and completeness of the documents and information attached to the application.
The service recipient consents to the use of information constituting a secret protected by law contained in information systems.
Surname, name, patronymic (if any) of the head of the executive body of the service recipient
or the person authorized to submit the application (with supporting documents attached).
_________________________________________________________________________.
(signature or electronic digital signature) (date)
| Appendix 5 to the Rules for licensing of microfinance activities |
|
| Form |
Application on termination of license to carry out microfinance activities in connection with a voluntary appeal to a service provider
_________________________________________________________
(name of the service recipient)
asks in accordance with the decision of the authorized body of the service recipient №
____________________ dated "____" _____________ ____,
to terminate the license to carry out microfinance activities ______________________________________________________________.
(license number, date of issue)
The recipient confirms the accuracy of the documents (information) attached to the application.
Attached documents (indicate the list of documents to be sent,
number of copies and sheets for each of them) ___________________________
_________________________________________________________________________ .
The service recipient grants consent to the use of information constituting a secret protected by law, contained in information systems.
Surname, name, patronymic (if any) of the head of the executive body of the service recipient or the person authorized to submit an application (with the attachment of supporting documents)
__________________________________________________ ________________
(signature and EDS) (date)
| Appendix 6 to the Rules for licensing of microfinance activities |
|
| Form |
Information on compliance with the minimum amount of equity capital
Name of the microfinance organization | Equity capital (in thousands of tenge) on the date of submission of application |
"____" _____________ ____
____________________________________________________________________
surname, name, patronymic (if any) and signature of the person authorized
__________________________________________________________________
to submit information (with the attachment of supporting documents)
| Appendix 7 to the Rules for licensing of microfinance activities |
|
| Form |
Information about the security and technical security system of the pawnshop premises
Premises ___________________________________________ consist of
(full name of the service recipient)
zones corresponding to the Rules for organizing the activities of pawnshops, including the issues of storing things in a pawnshop, establishing requirements for ensuring the safety and technical strength of pawnshop premises, measures to counter the circulation of illegally obtained things in pawnshops, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 28, 2019 No. 226 registered in the Register of state registration of regulatory legal acts under No. 19709, (hereinafter - Regulations No. 226).
Location of the premises (premises): ___________________________ | ||
Pawnshop premises | Characteristic (description in free form) | Equipping with video surveillance systems, burglar alarms and an emergency call panel in accordance with paragraph 9 of Regulation No. 226 (yes (no) |
Operating cash desk | ||
Customer service area | ||
Storage space | ||
"___ "____________ _____
_________________________________________________________________
surname, name, patronymic (if any) and signature of the person authorized
__________________________________________________________________
to submit information (with the attachment of supporting documents)
Note: if the description of the premises located at different addresses is identical, it is allowed to fill in the information in one form indicating several addresses of the premises.
| Appendix 2 to the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of financial market dated November 23, 2020 № 108 |
Qualification requirements for implementation of microfinance activities and a list of documents confirming compliance with them
Footnote. Qualification requirements as amended by the Resolutions of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 31.03.2021 No. 52 (shall be enforced twenty-one calendar days after the day of its first official publication); dated 20.09.2021 No. 91 (shall be enforced sixty calendar days after the day of its first official publication).
№ | Qualification requirements | Documents confirming compliance with qualification requirements |
1 | 2 | 3 |
1. |
Availability of an information system that provides automation of accounting |
Information on the availability of an information system that provides automation of accounting, specified in the application for a license to carry out microfinance activities, in the form in accordance with Appendix 2 to the Rules. |
2. | Availability of personnel necessary for implementation of microfinance activities | Documents confirming the hiring and (or) appointment (election) of executives, employees of the internal control service (if any). |
3. | Payment of the minimum authorized capital | Copies of documents confirming the payment of the minimum amount of the authorized capital established by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 14, 2019 No. 192 "On approval of prudential standards and other mandatory standards and limits for an organization engaged in microfinance activities, methods of their calculations", registered in the Register of State Registration of Regulatory Legal Acts under No. 19629. |
4. | Compliance with the minimum amount of equity capital | Information on compliance with the minimum amount of equity capital in the form in accordance with Appendix 6 to the Rules. |
5. | Fulfillment of the requirements for ensuring the safety and technical strength of premises (for pawnshops) established by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 28, 2019 No. 226 “On approval of the Rules for organizing the activities of pawnshops, including issues of storing things in a pawnshop, establishing requirements for ensuring security and technical strengthening of the premises of pawnshops, measures to counteract the circulation of illegally obtained things in pawnshops,” registered in the Register of State Registration of Regulatory Legal Acts under No. 19709. | Information about the system for ensuring the security and technical strength of the premises of the pawnshop in the form in accordance with Appendix 7 to the Rules (for pawnshops). |
6. | Availability of the Rules for provision of microcredits that meet the requirements of Article 17 of the Law of the Republic of Kazakhstan "On Microfinance Activities" | Rules for granting microcredits. |
7. | Excluded by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 31.03.2021 No. 52 (shall be enforced twenty-one calendar days after the day of its first official publication). | |
8. | Availability of identity documents for executives and major participants (major shareholders) (for foreigners and stateless persons) | Identity documents for executives and major participants (major shareholders) (for foreigners and stateless persons). |
9. | The presence of a higher education in the manager | Documents confirming that the manager has a higher education. |
10. |
An individual cannot be a manager: |
Documents confirming the absence of an unexpunged or outstanding criminal record from executive employees (for foreigners and stateless persons). |
11. |
1. The following person cannot be a major participant of a microfinance organization: |
Documents confirming the absence of unexpunged or outstanding convictions of major participants (major shareholders) (for foreigners and stateless persons). |
12. |
Fulfillment of the requirement to join the unified information system in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism |
Information specified in the application for a license to carry out microfinance activities, in the form in accordance with Appendix 2 to the Rules. |