Unofficial translation
Footnote. The title 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 28.10.2022 No.80 (shall be enforced ten calendar days after the date of its first official publication).Pursuant to the laws of the Republic of Kazakhstan “On Insurance Activities”, “On Insurance Payments Guarantee Fund”, “On State Regulation, Control and Supervision of the Financial Market and Financial Organizations”, “On State Services”, the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market RESOLVES:
Footnote. Preamble - 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 28.10.2022 No.80 (shall be enforced ten calendar days after the date of its first official publication).1.Approve the attached Rules for granting consent of the authorized body for regulation, control and supervision of the financial market and financial organizations to the appointment (election) of an executive of an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company “Insurance Payments Guarantee Fund”, including the criteria for the absence of an impeccable business reputation, documents required to obtain consent.
Footnote. Paragraph1 - 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 28.10.2022 No.80 (shall be enforced ten calendar days after the date of its first official publication).2. To recognize as terminated the regulatory legal acts of the Republic of Kazakhstan, as well as structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list in accordance with the Annex to this Resolution.
3. The Department of the Insurance Market and Actuarial Calculations, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:
1) jointly with the Legal Department, state registration of this Resolution with the Ministry of Justice of the Republic of Kazakhstan;
2) posting this Resolution on the official Internet resource of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market after its official publication;
3) within ten working days after the state registration of this Resolution, the submission to the Legal Department of information on the implementation of the measures provided for in subparagraph 2) of this paragraph and paragraph 4 of this Resolution.
4. The Department of International Relations and External Communications shall ensure, within ten calendar days after the state registration of this Resolution, sending of a copy of it for official publication in periodicals.
5. Control over the implementation of this Resolution shall be entrusted to the supervising Deputy Chairman of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market.
6. This Resolution shall come into effect upon the expiration of ten calendar days after the day of its first official publication.
|
Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market |
M. Abylkassymova |
"AGREED"
Ministry of Digital Development,
Innovation and Aerospace Industry of the
Republic of Kazakhstan
____ ___________ 2020
| Approved by the Resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated March 30, 2020, No. 43 |
Rules for granting consent of the authorized body for regulation, control and supervision of the financial market and financial organizations to the appointment (election) of an executive of an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company "Insurance Payments Guarantee Fund", including the criteria for the absence of an impeccable business reputation, documents required to obtain consent
Footnote. The Rules - 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 28.10.2022 No.80 (shall be enforced ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. These Rules for granting consent of the authorized body for regulation, control and supervision of the financial market and financial organizations to the appointment (election) of an executive of an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company “Insurance Payments Guarantee Fund”, including the criteria for the absence of an impeccable business reputation, documents required to obtain consent (hereinafter the Rules), have been developed pursuant to Articles 66 and 73 of the Administrative procedural and process-related code of the Republic of Kazakhstan, , Articles 34 of the law of the Republic of Kazakhstan “On Insurance Activities” (hereinafter - the Law On Insurance Activities), subparagraph 8) of paragraph 1 of Article 4, Article 4-1 of the law of the Republic of Kazakhstan “On Insurance Payments Guarantee Fund” (hereinafter the Law on Guarantee Fund), laws of the Republic of Kazakhstan “On state regulation, control and supervision of the financial market and financial organizations” (hereinafter- the law on state regulation), "Оn state services" (hereinafter- the law on state services).
The rules determine the procedure for issuing consent from the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the authorized body, service provider) for the appointment (election) of an executive of an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company "Insurance Payments Guarantee Fund", including the criteria for the absence of an impeccable business reputation, documents required to obtain consent.
Information about changes and (or) additions to the Rules shall be posted on the official Internet resource of the authorized body and sent to the operator of the information and communication infrastructure of “electronic government”.
Information about changes and (or) additions to the Rules shall be posted on the official Internet resource of the authorized body and sent to the operator of the information and communication infrastructure of “electronic government”.
2. The concepts used in the Rules are applied in the meanings specified in the Law on “Insurance Activities”, the Law of the Republic of Kazakhstan “On Electronic Documents and Electronic Digital Signatures”, the Law on the Guarantee Fund, the Law on State Regulation.
The following definitions are used in the Rules:
1) responsible unit - a unit of the authorized body responsible for the provision of public services;
2) candidate - an individual who intends to occupy the position of an executive of an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance broker, a branch of a non-resident insurance broker of the Republic of Kazakhstan, a joint-stock company “Insurance Payments Guarantee Fund” or a person elected to the position of a manager or member of a management body who is an independent director;
3) consent - consent of the authorized body to the appointment (election) of an executive of an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint-stock company “Insurance Payments Guarantee Fund”;
4) service recipient - an insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding, a joint-stock company “Insurance Payments Guarantee Fund”, or an individual intending to hold an executive position in an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance broker, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding, a joint-stock company “Insurance Payments Guarantee Fund”;
5) financial organization - bank, insurance (reinsurance) organization, insurance broker, branch of a non-resident bank of the Republic of Kazakhstan, branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of a non-resident insurance broker of the Republic of Kazakhstan, unified accumulative pension fund, voluntary accumulative pension fund, a legal entity licensed to carry out activities in the securities market, joint-stock company “Insurance Payments Guarantee Fund”, joint-stock company “Central Securities Depository” and a single operator in the accounting of state property in terms of performing the functions of nominal holding of securities owned by the state, entities of the quasi-public sector, the list of which is approved by the authorized state property management body, or in respect of which the state, the specified entities of the quasi-public sector have property rights;
6) register of valid consents - register of valid consents for the appointment (election) of executives of insurance (reinsurance) organizations, insurance brokers, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, joint-stock company “Insurance Payments Guarantee Fund”;
7) petition - a petition for issuing the authorized body’s consent for the appointment (election) of executives of an insurance (reinsurance) organization, insurance broker, branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of a non-resident insurance broker of the Republic of Kazakhstan, insurance holding, joint-stock company “Insurance Payments Guarantee Fund”;
8) state service –state service “Issue of consent to the appointment (election) of executives of financial organizations, branches of non-resident banks of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, banking and insurance holding companies , joint stock company “Insurance Payments Guarantee Fund” subtype of state service “issuance of consent to the appointment (election) of senior officials in the insurance sector”;
9) portal – web portal of “electronic government” www.egov.kz;
10) EDS – electronic digital signature
3. The List of executives of an insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding company and the joint-stock company “Insurance Payments Guarantee Fund”, subject to agreement with the authorized body , shall be defined by paragraphs 1, 1-1 and 14 of Article 34 of the Law on Insurance Activities and paragraph 1of Article 4-1 of the Law on the Guarantee Fund.
The following are not subject to approval by the authorized body:
1) representatives of the authorized body who are members of the management body of the joint-stock company “Insurance Payments Guarantee Fund”;
2) executives of an insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding company and the joint-stock company “Insurance Payments Guarantee Fund”, transferred from approved by the authorized body positions to a lower position within the same body of an insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding and the joint-stock company “Insurance Payments Guarantee Fund”;
3) executives of an insurance (reinsurance) company transferred from the position of a head or member of an executive body or a head or member of a governing body agreed upon with the authorized body to the position of another head of an insurance (reinsurance) company, carrying out coordination and (or) control over the activities of two or more structural divisions of the insurance (reinsurance) organization and authorized to sign documents under which insurance and (or) investment activities are carried out;
4) executives of a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, transferred from the position of a manager or deputy manager agreed upon with the authorized body to the position of another head of a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, carrying out coordination and (or) control over the activities of two or more structural divisions of a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan and authorized to sign documents under which insurance activities are carried out;
5) executives of the insurance holding transferred from the position of a head or member of the executive body or a head or member of a management body agreed upon with the authorized body to the position of another head of the insurance holding company carrying out coordination and (or) control over the activities of the subsidiary (subsidiaries) organization (organizations) and (or) organization (organizations) in which the insurance holding company has a significant participation in the capital.
The executives referred to in subparagraphs 2), 3), 4) and 5) of this paragraph are not subject to approval provided that they meet the requirements established by Articles 16-2 and 34 of the Law on Insurance Activity, subparagraph 20) of Article 1, paragraph 4 of Article 54, paragraph 2 of Article 59 of the Law of the Republic of Kazakhstan “On Joint Stock Companies” (hereinafter referred to as the Law on Joint Stock Companies), Article 4-1 of the Law on the Guarantee Fund, Article 9 of the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting” (hereinafter referred to as the Law on accounting).
Footnote. Paragraph 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).
4. The authorized body shall issue consent if the candidate meets the requirements established by Articles 16-2 and 34 of the Law on Insurance Activities, subparagraph 20) of Article 1, paragraph 4 of Article 54, paragraph 2 of Article 59 of the Law on Joint Stock Companies, Article 4-1 of the Law on the Guarantee Fund, Article 9 of the Accounting Law.
Footnote. Paragraph 4 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).5. Consent (with the exception of executives appointed (elected) to the position of a manager or member of a management body who is an independent director) shall be issued before the appointment (election) of an executive to the corresponding position.
Consent to the election of an executive or member of a management body who is an independent director of an insurance (reinsurance) company, insurance broker, joint-stock company “Insurance Payments Guarantee Fund” shall be issued before his election to the position or after his election to the position.
6. A person who has a valid consent shall be appointed (elected) to the position (several positions) of an executive in insurance (reinsurance) organizations, insurance brokers, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, insurance holdings and (or) in the joint-stock company “Insurance Payments Guarantee Fund”, which was agreed upon within the insurance sector of the financial market, without re-approval, subject to compliance with the requirements specified in paragraph 4 of the Rules.
Footnote. Paragraph 6 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).7. For the purposes of subparagraph 3) of paragraph 3 of Article 34 of the Law on Insurance Activities and subparagraph 3) of paragraph 2 of Article 4-1 of the Law on the Guarantee Fund, the criteria for the absence of an impeccable business reputation shall be:
1) presence of an unexpunged or outstanding criminal record, presence of an enforced court ruling on the application of penal sanction in the form of deprivation of the right to hold an executive position in a financial organization, banking or insurance holding company and to be a major participant (major shareholder) of a financial organization;
2) presence of information that the candidate was (is) a major participant in a financial organization (directly or indirectly), that failed to fulfill accepted obligations or requirements of the authorized body for ensuring the financial stability of a financial organization, banking conglomerate, insurance group;
3) presence of information that the candidate, being a senior executive of a financial organization or an actuary, repeatedly (two or more times during the last twelve consecutive months) did not comply with the requirements of supervisory response measures applied by the authorized body in relation to the financial organization or actuary;
4) presence of information that the candidate was a shareholder (participant), official, person performing managerial functions in a financial organization, non-resident financial organization of the Republic of Kazakhstan, which was declared insolvent;
5) the person is on the list of persons involved in terrorist activities, the list of organizations and persons associated with the financing of terrorism and extremism and (or) on the list of organizations and persons associated with the financing of the proliferation of mass destruction weapons, compiled in accordance with Articles 12 and 12 -1 of the Law of the Republic of Kazakhstan On combating the legalization (laundering) of incomes from crime and the financing of terrorism;
6) presence of information that the candidate was a senior executive of a financial organization, banking or insurance holding company, whose actions (inaction) led to a violation (violations) of legal requirements, which led the authorized body or financial supervisory state body, the resident of which is a non-resident financial organization of the Republic of Kazakhstan, to the decision on classifying the bank (branch of a non-resident bank of the Republic of Kazakhstan) as an insolvent bank (branch of a non-resident bank of the Republic of Kazakhstan), deprivation of a license of the financial organization, which entailed their liquidation and (or) termination of activities in the financial market, or the entry into force of a court ruling on forced liquidation of the financial organization or declaring it bankrupt, or the entry into force of a court ruling on forced termination of the activities of the branch of non-resident bank of the Republic of Kazakhstan, a branch of a non-resident insurance (reinsurance) organization of the Republic Kazakhstan;
7) presence of information that the candidate was suspended from performing official duties as an executive of a financial organization on the basis of a supervisory response measure applied by the authorized body;
8) presence of information that the candidate exercised control (supervision) of financial organization units in whose activities the authorized body identified the following violations:
systematic (two or more times) during the last twelve consecutive months violations by a financial organization of prudential standards and (or) other mandatory norms and limits established by the authorized body;
reports by a financial organization that led to distortion of information on compliance with prudential standards and (or) other mandatory norms and limits established by the authorized body;
conclusion by an insurance (reinsurance) organization of reinsurance contracts on the terms that do not meet the requirements established by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 27, 2018 No. 203 “On approval of the Rules and features of the implementation of reinsurance activities, as well as the insurance (reinsurance) pool”, registered in the Register of State Registration of Regulatory Legal Acts under No. 17460 (hereinafter referred to as Resolution No. 203);
the use of unreasonable amounts of insurance premiums, non-fulfillment or improper fulfillment of obligations arising from the conditions and procedure for conducting compulsory types of insurance;
systematic (two or more times) during the last twelve consecutive months non-payment, untimely payment of insurance payment or incomplete insurance payment;
breaching of the procedure for transferring insurance premiums to reinsurance, provided for by Resolution No. 203, including absence of confirmation from the reinsurer, provided for by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 26, 2016 No. 304 “On establishing standard values and methods for calculating prudential standards of insurance (reinsurance) ) organization and insurance group and other mandatory norms and limits, requirements for shares (participatory interests in the authorized capital) of legal entities acquired by insurance (reinsurance) organizations, subsidiaries of insurance (reinsurance) organizations or insurance holdings, the list of bonds of international financial organizations, acquired by insurance holdings, the minimum required rating for bonds acquired by insurance holdings, and the list of rating agencies, as well as the list of financial instruments (except for shares and participatory interests in the authorized capital) acquired by insurance (reinsurance) organizations” registered in the Register of State Registration of Regulatory Legal Acts under No. 14794;
9) presence of the fact that the candidate signed an audit report that was recognized as knowingly false by a court decision;
10) presence of information that the candidate, being an actuary, systematically (two or more times during the last twelve consecutive months) did not notify the authorized body about the facts established by it of non-compliance by the insurance (reinsurance) organization with the requirements for the formation of insurance reserves;
11) presence of information that the candidate illegally disclosed or transferred information to third parties constituting an insurance secret or other secret protected by the laws of the Republic of Kazakhstan, information obtained during actuarial calculations and (or) carrying out activities as an independent actuary;
12) presence of information from financial organizations, non-resident financial organizations of the Republic of Kazakhstan, a supervisory authority of a foreign state or a legal entity regulating financial services and related activities in the “Astana” International Financial Center that the candidate lacks impeccable business reputation;
13) presence of the fact that the candidate has provided deliberately false information about his compliance with qualification requirements and (or) business reputation requirements, which will affect the decision of the authorized body;
14) existence of the fact of termination of the employment contract with the candidate at the initiative of the employer on the grounds provided for in subparagraphs 9), 12), 13), 14), 15), 16), 17), 18), 19), 20), 21) and 25) paragraph 1 of Article 52 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code);
15) the candidate is in the Unified register of debtors, which is maintained in accordance with the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs” (if the debt exceeds 1000 (one thousand) monthly calculation indices established by the law on the republican budget);
16) the candidate’s lack of impeccable business reputation, identified on the basis of a motivated judgment formed in accordance with Article 13-5 of the Law on State Regulation.
The terms during which the criteria for lack of impeccable business reputation specified in this paragraph of the Rules, are established by the commission to determine the suitability of candidates for positions of executives of financial organizations, banking, insurance holding companies, the joint-stock company “Insurance Payments Guarantee Fund” (hereinafter referred to as the Commission) and are at least one year.
Footnote. Paragraph 7 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).8. The authorized body shall maintain the register of valid consents in accordance with the form of Appendix 1 to the Rules.
The register of valid consents shall be published on the official Internet resource of the authorized body and shall be updated no later than three working days from the date of change in the information contained in it.
9. The work experience of a candidate in international financial organizations, required for the appointment (election) in accordance with Article 34 of the Law on Insurance Activities, Article 4-1 of the Law on the Guarantee Fund includes the work of the candidate in the following international financial organizations:
Asian Development Bank;
Asian Infrastructure Investment Bank;
Inter-American Development Bank;
African Development Bank;
The World Bank;
World Trade Organization;
Eurasian Development Bank;
European Investment Bank;
European Bank for Reconstruction and Development;
European Securities and Markets Organization;
European Banking Organization;
European Banking Federation;
European Council Development Bank;
European Insurance and Pensions Organization;
Multilateral Investment Guarantee Agency;
International Center for Settlement of Investment Disputes;
Islamic Development Bank;
Islamic Financial Services Council;
International Association of Insurance Supervisors;
Northern Investment Bank;
International Securities Commission;
International Monetary Fund;
International Development Association;
International Association of Deposit Insurance Systems;
Bank for International Settlements;
International Organization of Pensions Supervisory Authorities;
International Bank for Reconstruction and Development;
International Finance Corporation;
Organization for Economic Cooperation and Development.
10. An insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding, joint-stock company “Insurance Payments Guarantee Fund”, when appointing (electing) a candidate, shall check him for compliance with the requirements of Article 34 of the Law on Insurance Activities, Article 4-1 of the Law on the Guarantee Fund and the Rules.
11. An insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding, joint-stock company “Insurance Payments Guarantee Fund” shall notify the authorized body of all changes that have occurred in the senior executives composition, including their appointment (election), transfer to another position, termination of an employment contract and (or) termination of powers, on bringing an executive to administrative liability for a corruption offense, also on changes in the last name, first name, patronymic (if it is indicated in the identity document of the executive with copies of supporting documents attached.
In the event of criminal prosecution of an executive, an insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding , joint stock company “Insurance Payments Guarantee Fund” shall notify the authorized body within five working days from the day when this information became known to the insurance (reinsurance) organization, insurance broker, branch of the non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of the non-resident insurance broker of the Republic of Kazakhstan, insurance holding company, joint-stock company “Insurance Payments Guarantee Fund”.
12. Information about changes in the senior executives composition, including their appointment (election), transfer to another position, termination of an employment contract and (or) termination of authority, shall be sent in accordance with the form Appendix 2 to the Rules with copies of supporting documents attached.
To the information on appointed (elected) executives, results shall be attached of checking the candidate for compliance with the requirements of Article 34 of the Law on Insurance Activities, Article 4-1 of the Law on the Guarantee Fund and the Rules.
If the copies of supporting documents provided in accordance with part one of this paragraph do not contain the date of appointment (election), transfer to another position, dismissal (termination of authority), the date of appointment (election), transfer to another position or dismissal (termination of authority) of the executives shall be the date of adoption of the decision (order) of the authorized body of the insurance (reinsurance) organization, insurance broker, branch of the non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of the non-resident insurance broker of the Republic of Kazakhstan, insurance holding company, joint-stock company “Insurance Payments Guarantee Fund”, or the date of occurrence of the event specified in the decision (order).
An extract from the decision of the authorized body of an insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding, joint stock company “Insurance Payments Guarantee Fund” shall contain the following information:
full name of the insurance (reinsurance) organization, insurance broker, branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of a non-resident insurance broker of the Republic of Kazakhstan, insurance holding, joint-stock company “Insurance Payments Guarantee Fund” and location of the executive body of the insurance (reinsurance) company organization, insurance broker, branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of a non-resident insurance broker of the Republic of Kazakhstan, insurance holding, joint-stock company “Insurance Payments Guarantee Fund”;
date, time and place of the general meeting of shareholders (meeting of the management body);
information about the persons present at the meeting (for a meeting of the governing body);
quorum of the general meeting of shareholders (meeting of the management body);
agenda of the general meeting of shareholders (meeting of the management body) regarding the appointment (election), transfer to another position or dismissal (termination of powers) of an executive;
issues put to vote, voting results on them in terms of appointment (election), transfer to another position or dismissal (termination of powers) of an executive;
decisions made regarding the appointment (election), transfer to another position or dismissal (termination of powers) of an executive.
An extract from the resolution of the authorized body of an insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, an insurance holding, joint-stock company “Insurance Payments Guarantee Fund” shall be certified by the signature of the employee (employees) , authorized to sign this document and contain an indication of the accuracy of the extract.
Chapter 2. The procedure of reviewing documents for issuing consent
13. The service recipient shall file an application to the authorized body electronically through the portal, attaching the documents specified in the List of basic requirements for the provision of state service in accordance with Appendix 3 to the Rules (hereinafter referred to as the List of basic requirements for the provision of state service).
When a service recipient sends an application through the portal, the status of acceptance of the request for the state service is automatically displayed in the “personal account”, indicating the date and time of receipt of the result.
14. The request, certified by the digital signature of the service recipient, is drawn up in a free form indicating in it:
1) consent to the use of information constituting a secret protected by law, contained in the information systems for individuals and legal entities;
2) consent to the collection and processing of personal data in accordance with Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”, for access to limited access personal data necessary for the provision of the state service (for individual service recipients);
3) confirmation of the candidate’s compliance with the requirements for executives of an insurance (reinsurance) organization, insurance broker, branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of a non-resident insurance broker of the Republic of Kazakhstan, insurance holding, joint-stock company “Insurance Payments Guarantee Fund”;
4) confirmation that information about the candidate, head or member of the management body, who is an independent director of an insurance (reinsurance) company, insurance broker, insurance holding company, joint-stock company “Insurance Payment Guarantee Fund” has been documented by the service recipient (for legal entities);
5) executive position (positions) for which the candidate is being agreed upon.
The application of the service recipient - insurance (reinsurance) organization, insurance broker, insurance holding, joint-stock company “Insurance Payments Guarantee Fund” shall be certified by the digital signature of the head of:
the management body, and in his absence one of the members of the management body by decision of the management body (with the submission of a copy of this decision of the management body), one of the shareholders of the service recipient in the absence of the head and members of the management body, one of the participants of the service recipient authorized to sign this document (for a service recipient created in the organizational and legal form of a limited liability partnership) - when sending documents for approval to the head of the executive body (the person solely performing the functions of the executive body), a member of the management body who is the head of the executive body;
the executive body (the person solely performing the functions of the executive body) or the person performing his duties (with the submission of a copy of the decision on the assignment of duties) - in other cases.
The application of the service recipient -branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan shall be certified by the digital signature of:
the person authorized by the non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, non-resident insurance broker of the Republic of Kazakhstan to sign this document (with a copy of the supporting document attached) - when sending documents for approval to the head of a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of the insurance non-resident broker of the Republic of Kazakhstan;
the head of a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan or a person performing his duties (with the submission of a copy of the decision on assigning duties) - in other cases.
15. Information about a candidate for the executive position shall be drawn up in accordance with Appendix 4 to the Rules.
16. Documents issued by competent authorities or officials of foreign states are subject to legalization or apostille as required by the legislation of the Republic of Kazakhstan or international treaties ratified by the Republic of Kazakhstan (with the exception of identity documents of an individual non-resident of the Republic of Kazakhstan).
Documents submitted in a foreign language shall be translated into Kazakh and (or) Russian and are subject to notarization in accordance with the legislation of the Republic of Kazakhstan on notaries and are presented in the form of electronic copies.
17. The service recipient shall provide a complete package of documents (indicating contact telephone numbers and email addresses of contact persons).
For approval by the head or management body member who is an independent director, after his election to the position, the service recipient shall provide a complete package of documents no later than 60 (sixty) calendar days from the date of his election.
18. On the day of the documents delivery, an employee of the service provider authorized to receive and register correspondence, shall accept, register and send them for execution to the responsible department. When a service recipient applies after working hours, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On Holidays in the Republic of Kazakhstan”, documents are accepted on the next working day.
Within 5 (five) working days from the application registration date the employee of the responsible department shall check the completeness of the submitted documents and their validity term.
If it is established that the submitted documents are incomplete and (or) expired, the employee of the responsible department, within the specified period, shall prepare and send to the service recipient’s “personal account” a reasoned rejection of the application.
A reasoned rejection of the application, signed with the digital signature of an authorized person of the authorized body, shall be sent to the service recipient in the form of an electronic document.
19. If it is established that the provided documents are complete and (or) have not expired, the responsible unit’s employee, within 5 (five) working days, shall review them for compliance with the requirements established by the List of basic state service provision requirements and send appropriate requests to the concerned units of the service provider, state bodies of the Republic of Kazakhstan and authorized supervisory authorities of foreign states (if necessary), and also send requests to the Information System of Special Accounts of the Prosecutor General’s Office of the Republic of Kazakhstan and the State Database “Individuals”.
In the event of identified inconsistencies in the submitted documents with the requirements of the List of Basic Requirements for the state service provision during the state service provision period, the authorized body shall send a letter with comments through the portal to the service recipient for their elimination and filing by the service recipient of revised (corrected) documents through the portal. In this case, the period for processing by the authorized body of documents for approval of the candidate is not interrupted.
If a candidate has work experience in non-resident financial organizations of the Republic of Kazakhstan, then in order to confirm the candidate’s impeccable business reputation, the authorized body shall request information from the authorized supervisory authority of a foreign state about the presence (absence) of information characterizing the candidate’s impeccable business reputation, or retrieve the relevant data from the official Internet resource of the supervisory authority of the foreign state (if available).
20. When identifying grounds for rejecting the state service, provided for in the List of basic requirements for the state service provision, the authorized body shall notify the service recipient of the preliminary decision to reject the state service, as well as the time and place (method) of the hearing to give the applicant an opportunity to express his position on the preliminary decision.
Notice of the hearing shall be sent at least 3 (three) business days before the end of the state service provision period. The hearing shall be held no later than 2 (two) working days from the date of notification.
The service recipient, within 2 (two) working days after familiarization, has the right to make his comments in the hearing minutes.
Upon the results of processing the documents submitted by the applicant and the hearing, the employee of the responsible department shall send a letter to the service recipient about the decision of the authorized body.
Footnote. Paragraph 20 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).21. Withdrawal of documents for issuing consent is permitted before the authorized body makes a decision to approve the candidate, and if agreed upon with an invitation to test - before the date of testing by a written application through the portal by the service recipient in any form indicating the reason for their withdrawal.
Chapter 3. The approval procedure of an invitation to undergo testing or without an invitation and granting the consent
22. To approve a candidate, a Commission shall be formed in the authorized body, whose membership shall be approved by order of the chief executive of the authorized body or his deputy.
23. The approval shall be carried out by the authorized body by decision of the Commission with the invitation of candidates to undergo testing or without their invitation, subject to the conditions specified in paragraphs 26 and 27 of the Rules.
Footnote. Paragraph 23 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).24. The decision of the Commission shall be adopted by a simple majority of votes. In case of equality of votes, the vote of the Chairman of the Commission or the person replacing him shall be decisive. The Commission's decision is also made by poll.
25. Members of the Commission shall review the documents and express their opinion on the issue under consideration in the minutes drawn up in accordance with Appendix 5 to the Rules.
26. When considering approval of a candidate without an invitation to undergo testing based on the provided documents, the following shall be taken into account:
1) more than 5 (five) years of experience of the candidate in international financial organizations, listed in paragraph 9 of the Rules, or by an auditor who directly audited financial organizations;
2) continuous work experience of the candidate, within 10 (ten) years preceding the application date, of more than 5 (five) years as an executive of a financial organization, an executive of an insurance holding, the head of an independent structural unit (department, management, branch and other independent structural unit), whose activities were related to the provision of financial services, financial and (or) managing director, executive director, who oversaw issues related to the provision of financial services.
For the purposes of this sub-paragraph, an interruption of service is considered to be a period between holding positions that exceeds 90 (ninety) calendar days;
3) approval of candidates with work experience in the insurance sector of more than 15 (fifteen) years, previously agreed with the authorized body;
4) holding of a valid license to carry out actuarial activities;
5) holding of an international certificate in risk management, FRM - Financial Risk Manager, PRM - Professional Risk Manager, CFA (Chartered Financial Analyst) (SFA Chartered Financial Analyst) - Certified Financial Analyst) and (or) certificate of the ISO 31000 series standard;
6) approval of a candidate for the position of member of the executive body of an insurance (reinsurance) organization, insurance holding, which involves overseeing exclusively security issues, administrative and economic issues, and information technology issues;
7) previous experience of the candidate as a member of the board, chief executive or deputy chief executive, head (deputy head) of an independent structural unit (department, administration, branch and other independent structural unit) of a state body that carries out (carried out) regulation, control and (or) supervision of the financial market and financial organizations;
8) the candidate’s previous experience as a member of the board, chief executive or deputy chief executive, executive secretary, head of staff of a state body;
9) the candidate’s being or having been, on the application filing date, a manager or member of the management body, head or member of the executive body of the national management holding;
10) approval of a candidate for the position of chief accountant;
11) approval of a candidate for the position of a manager or member of the management body who is an independent director.
The requirements of this paragraph shall not apply to persons indicated in subparagraph 1) of paragraph 27 of the Rules.
Footnote. Paragraph 26 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).27. A mandatory invitation to take the test shall apply to:
1) persons whose documents are submitted to the authorized body to obtain consent for the first time after the authorized body made a decision to revoke consent to appointment (election) to the position of an executive of a financial organization, insurance and (or) bank holding company;
2) persons whose documents are submitted to the authorized body for the first time to obtain consent, with the exception of the persons indicated in paragraph 26 of the Rules.
Footnote. Paragraph 27 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).28. When the Commission decides on approving a candidate with an invitation to testing, the authorized body shall notify the service recipient by sending a message certified by the digital signature of the service provider’s authorized person to the service recipient’s “personal account” containing the testing date, time and venue.
The service recipient (candidate) shall assure attendance at the authorized body’s place for testing on the date and time appointed by the authorized body.
If the candidate is outside the authorized body’s location and, due to circumstances beyond his control is unable to assure attendance at the authorized body’s place for testing on the date and time appointed by the authorized body, the service recipient shall present documents (information) to the authorized body confirming the existence of these circumstances that cannot be helped.
The authorized body examines the documents (information) submitted by the service recipient, and if there are objective reasons for the candidate’s non-appearance, testing of the candidate is carried out remotely.
When testing remotely, a service shall be used for holding conferences and online meetings with audio, video communications and tools for collaboration on documents; the authorized body shall record the testing procedure. In order to confirm this requirement, the person being tested shall use at least three devices for audio and video recording of the testing process and provide an overview of the entire room in which testing is conducted.
Footnote. Paragraph 28 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).29. Testing of candidates shall be conducted as computer testing in the state or Russian or English languages for 45 minutes on 30 questions.
30. During the testing, only employees of the authorized body are allowed to be present in the same room with the person being tested.
In the premises of the authorized body where candidates are tested, the testing process shall be audio and video recorded.
Footnote. Paragraph 30 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).31. When taking the test, the test taker must not use any written, electronic or other information materials. Violation of the conditions set out in this paragraph shall be equivalent to a negative test result.
32. The test taker shall be familiarized with the test results against signature immediately after passing it.
33. A positive test result is considered to be at least seventy percent of the correct answers of the candidate.
34. Testing shall be carried out with online transmission on the authorized body’s Internet resource.
35. Within one working day after the candidate has passed the test (if the test result is positive) or the Commission has made a decision on approval without an invitation to undergo testing, an employee of the responsible department shall prepare a draft letter containing information on the state service result.
36.On the day of signing a letter addressed to the service recipient containing information about the approval result or a motivated response on rejecting the state service on the grounds indicated in the List of basic requirements for the provision of state service, an employee of the responsible department shall send the state service result to the service recipient’s “personal account” in the form of an electronic document certified by the digital signature of the service provider’s authorized person.
37. Information about the result of the state service on the issue of approval and (or) rejection of a candidate shall be published by an employee of the responsible department on the official Internet resource of the authorized body.
38. Information on the progress of state service processing is updated automatically in the information system for monitoring the state services rendering.
Chapter 4. The procedure for appealing decisions, actions (inaction) of the authorized body and (or) its officials on the state service provision
39. A complaint regarding the state service provision shall be examined by the head of the authorized body, the authorized body for assessing and supervising the state services quality (hereinafter referred to as the complaint examining body).
The complaint shall be submitted to the service provider, the official whose decision, action (inaction) is being appealed.
At least 3 (three) working days from the date of the complaint receipt, the service provider, official, whose decision, action (inaction) is being appealed, shall direct it to the complaint examining body.
The service recipient's complaint received by the service provider, in accordance with paragraph 2 of Article 25 of the Law on State Services, is subject to consideration within 5 (five) working days from the date of its registration.
A service recipient's complaint sent to the authorized body for assessing and supervising the state services quality is subject to consideration within 15 (fifteen) working days from the date of its registration.
Unless otherwise provided by the Law on Insurance Activities, the Law on the Guarantee Fund, going to court is allowed after appealing in a pre-trial order.
40. The complaint shall indicate:
1) surname, first name, patronymic (if any) of the head of the service provider or the person replacing him;
2) surname, first name, patronymic (if indicated on the identity card), individual identification number, postal address of an individual or name, postal address, business identification number of a legal entity;
3) the address of the actual residence of the individual and the location of the legal entity;
4) the name of the service provider and (or) surname, first name, patronymic (if any) of the official, whose decision, action (inaction) is (are) being appealed;
5) the circumstances on which the person filing the complaint bases his claims and the evidence;
6) file number and date of filing the complaint;
7) the list of documents attached to the complaint.
41. The complaint shall be signed by the service recipient or a person representing him.
Confirmation of acceptance of the complaint by the head of the authorized body is its registration (stamp, entry number and date) in the authorized body’s office, indicating the surname and initials of the person who accepted the complaint, the date and place of receipt of the response to the filed complaint.
When applying through the portal, information on the appeal procedure can be obtained by calling the Unified Contact Center telephone numbers indicated in the List of basic requirements for the state service provision.
When sending a complaint through the portal, information about the complaint is available to the service recipient from the “personal account”, which is updated during the processing of the complaint by the authorized body (marks on delivery, registration, execution, response on consideration or dismissed request for consideration).
| Appendix 1 to the Rules for granting consent of the authorized body for regulation, control and supervision of the financial market and financial organizations to the appointment (election) of an executive of an insurance (reinsurance) organization a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, |
|
| a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company "Insurance Payment Guarantee Fund", including the criteria for the absence оf an impeccable business reputation, documents required to obtain consent |
Register of valid consents for the appointment (election) of executives of insurance (reinsurance) organizations, insurance brokers, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, insurance holdings, joint-stock company "Insurance Payment Guarantee Fund"
No. | Surname, first name, patronymic (if any) | Position (and), for which the candidate was granted consent |
Date of issue of consent, | Termination of consent | |
Date | Grounds* | ||||
1 | 2 | 3 | 4 | 5 | 6 |
Insurance sector | |||||
Note: * a reference is indicated to the corresponding subparagraph of paragraph 5-2 of Article 34 of the Law on Insurance Activities, paragraph 3 of Article 4-1 of the Law on the Guarantee Fund
| Appendix 2 to the Rules for granting consent of the authorized body for regulation, control and supervision of the financial market and financial organizations to the appointment (election) of an executive of an insurance (reinsurance) organization a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, |
|
| a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company "Insurance Payment Guarantee Fund", including the criteria for the absence оf an impeccable business reputation, documents required to obtain consent |
Information on changes in the composition of executives
__________________________________________________________________________
(name of the insurance (reinsurance) organization, insurance broker, branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of a non-resident insurance broker of the Republic of Kazakhstan, insurance holding, joint stock company "Insurance Payment Guarantee Fund"
№ | Surname, first name, patronymic (if any) of the executive | Position | Date and the occurred change* | Number, date of the decision (order) on appointment (election), transfer to another position, dismissal, (termination of powers) | Grounds for dismissal (termination of powers) in accordance with the legislation of the Republic of Kazakhstan |
1 | 2 | 3 | 4 | 5 | 6 |
Note: * the date is indicated and changes that occurred in the composition of executives (appointment (election) to a position, transfer to another position, dismissal (termination of authority).
Appendix (indicating the number of sheets):
_____________________________________________________________
surname, first name, patronymic (if any) of the chief executive
______________________ (signature)
"____"___________________ 20 __
| Appendix 3 to the Rules for granting consent of the authorized body for regulation, control and supervision of the financial market and financial organizations to the appointment (election) of an executive of an insurance (reinsurance) organization a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, |
|
| a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company "Insurance Payment Guarantee Fund", including the criteria for the absence оf an impeccable business reputation, documents required to obtain consent |
List of main requirements for the provision of the state service
“Granting consent to the appointment (election) of executives of financial
organizations, branches of non-resident banks of the Republic of Kazakhstan, branches
of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan,
branches of non-resident insurance brokers of the Republic of Kazakhstan, banking,
insurance holdings, joint-stock company "Insurance Payments Guarantee Fund"
under the subtype "issuance of consent to the appointment (election) of executives in the insurance sector"
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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).
Name of the state service | Granting consent to appointment (election) of executives of financial organizations, branches of non-resident banks of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, banking, insurance holdings, joint stock company “Insurance Payments Guarantee Fund” | |
Name of the state service subtypes | Issuance of consent to appointment (election) of executives in the insurance sector | |
1. | Name of the service provider | Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market (further- the authorized body). |
2. | Ways of the state service rendering | Web-portal “electronic government” www.egov.kz (further-the portal). |
3. | State service rendering term |
Within 30 (thirty) working days from the date of the service recipient’s filing of the full package of documents to the portal. |
4. | State service rendering form | Electronic (fully automated)/provided on the “one application” principle. |
5. | State service rendering result | A letter of the authorized body to the service recipient, containing information on the issued consent to the appointment (election) of an executive in the insurance sector to a specific position (specific positions) of an executive, or a reasoned response on rejected state service on the grounds provided for in paragraph 9 of this List. The form for issuing the state service rendering result is electronic. |
6. | Fee charged to the service recipient at the state service rendering and ways of collecting it in cases stipulated by the legislation of the Republic of Kazakhstan | 25 (twenty-five) monthly calculation indicators (for issuing consent to the appointment (election) of executives in the insurance sector in accordance with Article 554 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget (Tax Code)”). The fee is paid in cash or non-cash form through second-tier banks, branches of non-resident banks of the Republic of Kazakhstan or organizations carrying out certain types of banking operations, also in non-cash form through the “electronic government” payment gateway. |
7. | Work schedule of the service provider and information objects |
1) portal - around the clock, with the exception of technical breaks due to repair work (if the service recipient contacts after the end of working hours, on weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code) and the Law of the Republic of Kazakhstan “On Holidays in the Republic of Kazakhstan "(hereinafter referred to as the Law on Holidays), applications are accepted and the state service rendering results are issued on the next working day). |
8. | List of documents and information required from the service recipient for the state service rendering |
1) a petition in the electronic document form drawn up in accordance with paragraph 14 of the Rules; |
9. | Grounds for rejecting the state service |
1) non-compliance of candidates with the requirements established by Articles 16-2 and 34 of the Law of the Republic of Kazakhstan “On Insurance Activities”, subparagraph 20) of Article 1, paragraph 4 of Article 54, paragraph 2 of Article 59 of the Law of the Republic of Kazakhstan “On Joint-Stock Companies”, Article 4-1 of the Law of the Republic of Kazakhstan “On the Insurance Payments Guarantee Fund”, Article 9 of the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting” or the Rules; |
10. | Other requirements given the state service rendering specifics |
Addresses of state service places and contact numbers of help desks regarding the state service provision are posted on the official Internet resource of the authorized body. |
| Appendix 4 to the Rules for granting consent of the authorized body for regulation, control and supervision of the financial market and financial organizations to the appointment (election) of an executive of an insurance (reinsurance) organization a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, |
|
| a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company "Insurance Payment Guarantee Fund", including the criteria for the absence оf an impeccable business reputation, documents required to obtain consent |
Photo 3x4
Information on the candidate for an executive position(s)
Footnote. Appendix 4 - 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 05.05.2023 No. 23 (shall be enforced ten calendar days after the date of its first official publication).
______________________________________________________________________
full name of the candidate for the position of an executive of an
insurance (reinsurance) organization, insurance broker, a branch of a non-resident
insurance (reinsurance) organization of the Republic of Kazakhstan,
a branch of a non-resident broker of the Republic of Kazakhstan, insurance holding,
joint-stock company “Insurance Payments Guarantee Fund” ______________________________________________________________________
position (position), for which the candidate is being approved
1. General information:
Date and place of birth | |
Citizenship | |
Details of identity document, individual identification number (if available) | |
Name of the insurance (reinsurance) organization, insurance broker, branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of a non-resident insurance broker of the Republic of Kazakhstan, insurance holding, joint-stock company “Insurance Payments Guarantee Fund” |
2. Education:
№ п/п | Name of educational institution | Year of enrollment - year of graduation | Qualification | Details of the diploma of education (date and number if available) |
1 | 2 | 3 | 4 | 5 |
3. Information about the spouse, close relatives (parents, brother, sister, children) and in-laws (parents, brother, sister, children of the spouse):
№ п/п | Surname, name, patronymic (in existence) | Year of birth | Kinship relationship | Place of work and position |
1 | 2 | 3 | 4 | 5 |
4. Information about legal entities of which the candidate is a major shareholder or in which he is entitled to a corresponding share in the property:
№ п/п | Name and location of the legal entity | Statutory activities of the legal entity | Participatory interest in the authorized capital or the ratio of the number of shares owned by the candidate to the total number of voting shares of the legal entity (in percentage) * |
1 | 2 | 3 | 4 |
Note: * in column 4, it is necessary to indicate the shares (shareholding) taking into account the shares (shareholding) of the candidate held in trust, as well as the number of shares (shareholding), holding which makes the candidate, together with other persons, a major participant.
5. Employment history.
№ п/п | Dates of employment * | Place of employment ** | Position | Disciplinary sanctions | Reasons for dismissal, termination of office | Other details*** |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Note: I this paragraph information is indicated about the candidate’s labor activity (also membership in the management body), including from the time of graduation from a higher educational institution, indicating the position, as well as the period during which the candidate did not work.
* in financial organizations (including non-resident financial organizations of the Republic of Kazakhstan authorized to carry out financial activities within the framework of the legislation of the country of origin), banking or insurance holding companies, in one of the international financial organizations specified in paragraph 9 of the Rules, audit organizations, government bodies , as well as information on membership in the management bodies of financial organizations (including non-resident financial organizations of the Republic of Kazakhstan authorized to carry out financial activities within the framework of the legislation of the country of origin), banking or insurance holding companies, the date, month, year are indicated. In other cases, the year is indicated;
** if the organization is a non-resident of the Republic of Kazakhstan, the country of its registration is indicated;
*** in the case of occupying the position of head (deputy head) of an independent structural unit (department, management, branch), financial, manager and (or) executive director, the supervised units and issues related to the provision of financial services in this organization are indicated.
6. Information about the candidate’s participation in auditing financial organizations, including tax audits:
______________________________________________________________________
(indicate the name of the financial organization, period
______________________________________________________________________
of the audit, as well as the period for drawing up the financial report over which the audit was conducted, signed by the candidate as a performing auditor (if any)
7. Information on membership in investment committees in the financial organization(s) and (or) in other organizations:
No. | Period (date, month, year) | Name of the organization |
1 | 2 | 3 |
8. Involvement, as the head of a financial organization, banking or insurance holding, as a defendant in legal proceedings regarding the activities of a financial organization, banking or insurance holding company
________________________________________________________ ______________
(yes (no), indicate the date, Name of the organization,
________________________________________________________ ______________
defendant in legal proceedings, matter at issue and enforced _______________________________________________________________________
court judgment (if it was passed)
9. Prosecution of the candidate for committing economic activity crimes , corruption crimes within three years before the date of appointment (election), filing of documents for approval (not to be filled out by a candidate for the position of an executive of the joint stock company "Insurance Payments Guarantee Fund")
_______________________________________________________________________
(yes (no), brief description of the infraction, crime _______________________________________________________________________
details of the act on imposing a disciplinary sanction or a court decision, indicating the grounds for prosecution)
10. Presence of enforced court ruling (sentence) in relation to the candidate on prohibiting an activity or certain types of activity, requiring the receipt of a certain state service or a court ruling on which the service recipient is deprived of a special right related to the receipt of the state service. ____________________________________________________________________
I confirm that this information has been checked by me, verified with the data of JSC “Unified Accumulative Pension Fund” regarding the periods of pension contributions from employers with the periods of labor activity specified in the information about the candidate, and is reliable and complete, and I also confirm my compliance with the requirements, requirements for executives and the presence of an impeccable business reputation.
I consent to the collection and processing of personal data necessary for the state service provision and to the use of information constituting a secret protected by law contained in information systems.
Surname, first name, patronymic (if any)
_____________________________________________________________________
_____________________________________________________________________
(filled out by the candidate in his own hand in block letters )
Signature ___________________________
Date ______________________________
Filled out by the candidate for the position of independent director of a financial organization, holding, Fund:
I confirm that I,
______________________________________________________________________
(surname, first name, patronymic (if any) meet the requirements established by the Law of the Republic of Kazakhstan “On Joint Stock Companies” for (election) to the position of an independent director ______________________________________________________________________
name of the insurance (reinsurance) organization, insurance broker, branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, branch of a non-resident insurance broker of the Republic of Kazakhstan, insurance holding company, joint-stock company “Insurance Payments Guarantee Fund”
Signature _________________
Date _____________________
| Appendix 5 to the Rules for granting consent of the authorized body for regulation, control and supervision of the financial market and financial organizations to the appointment (election) of an executive of an insurance (reinsurance) organization a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance holding, an insurance broker, |
|
| a branch of a non-resident insurance broker of the Republic of Kazakhstan and the joint stock company "Insurance Payment Guarantee Fund", including the criteria for the absence оf an impeccable business reputation, documents required to obtain consent |
Form
Minutes No. ___ on consideration by the Commission of a candidate for the position (and) of an executive of an insurance (reinsurance) organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan, insurance holdings, joint-stock company “Insurance Payments Guarantee Fund”
_____________________________________________________________________________________________
(surname, first name, patronymic (if any) of the candidate for the position of an executive of an insurance (reinsurance)
organization, an insurance broker, a branch of a non-resident insurance (reinsurance) organization
of the Republic of Kazakhstan, a branch of a non-resident insurance broker of the Republic of Kazakhstan,
insurance holding, joint-stock company “Insurance Payments Guarantee Fund”, position (s)
_____________________________________________________________________________________________
(position (and), insurance sector)
"___" _________ ____ year
№ | Surname, first name, patronymic (if any) of the chairman of the Commission | Approval without invitation to test | Refer to testing and approval upon positive test result | Without approval |
Surname, first name, patronymic (if any) of members of the Commission | ||||
| Annex to the Resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated March 30, 2020, No. 43 |
The list of regulatory legal acts of the Republic of Kazakhstan, as well as structural elements of some regulatory legal acts of the Republic of Kazakhstan, recognized as terminated
1. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 26, 2016, No. 305 "On approval of the Rules for issuing consent to the appointment (election) of senior executives of financial organizations, banking, insurance holdings, the Insurance Payments Guarantee Fund Joint Stock Company, including the criteria for the absence of an impeccable business reputation, and the list of documents required to obtain consent" (registered in the State Register of Normative Legal Acts under No. 14784, published on March 10, 2017, in the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan.
2. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 22, 2017, No. 260 "On amendments to the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 26, 2016, No. 305 "On approval of the Rules for issuing consent to the appointment (election) of executives of financial organizations, banking, insurance holdings, Insurance Payments Guarantee Fund Joint Stock Company and the list of documents required to obtain consent" (registered in the State Register of Normative Legal Acts under No. 16234, published on January 22, 2018, in the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan).
3. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated February 26, 2018, No. 26 "On amendments and additions to the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 26, 2016, No. 305 "On approval of the Rules for granting consent to the appointment (election) of executives of financial organizations, banking, insurance holdings, Insurance Payments Guarantee Fund Joint Stock Company and the list of documents required to obtain consent" (registered in the State Register of Normative Legal Acts under No. 16563, published on March 27, 2018, in the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan).
4. Paragraph 6 of the List of regulatory legal acts of the Republic of Kazakhstan on financial market regulation, which are amended and supplemented, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated October 29, 2018, No. 246 "On amendments and additions to some regulatory legal acts of the Republic of Kazakhstan on financial market regulation" (registered in the State Register of Normative Legal Acts under No. 17972, published on December 26, 2018, in the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan).
5. Paragraph 3 of the List of regulatory legal acts of the Republic of Kazakhstan on the provision of public services, which are amended, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 31, 2019, No. 263 "On amendments to some regulatory legal acts of the Republic of Kazakhstan on the provision of state services" (registered in the State Register of Normative Legal Acts under No. 19845, published on January 9, 2020, in the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan).
