Unofficial translation
Footnote. It shall be enforced from 01.01.2021 in accordance with paragraph 5 of this joint order and resolutions.
As per sub-paragraph 20) of part one of Article 24 of the Code of the Republic of Kazakhstan “On Taxes and Other Mandatory Payments to the Budget” (Tax Code), sub-paragraph 10-2) of part two of Article 15 of the Law of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan”, sub-paragraph 18-1) of part two of Article 6-5 of the Law of the Republic of Kazakhstan “On State Regulation, Control and Supervision of Financial Market and Financial Organisations”, and sub-paragraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On State Statistics”, the Board of the National Bank of the Republic of Kazakhstan, the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of Financial Market HEREBY RESOLVE, the Minister of Finance of the Republic of Kazakhstan HEREBY ORDERS:
Footnote. The preamble - as reworded by joint Resolution of the Board of the National Bank of Kazakhstan № 73 of 26.09.2023, the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of Financial Market № 73 of 26.09.2023 and Order of the Deputy Prime Minister - Minister of Finance of Kazakhstan № 1042 of 02.10.2023 (shall come into effect upon expiration of ten calendar days after the date of its first official publication).1. To approve the appended Rules for withdrawing cash from bank accounts by business entities.
2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Department of Cash Circulation of the National Bank of the Republic of Kazakhstan (Zh.T. Kazhmuratov) shall ensure:
1) jointly with the Legal Department of the National Bank of the Republic of Kazakhstan (A.S. Kasenov), the state registration of these joint resolutions and order with the Ministry of Justice of the Republic of Kazakhstan;
2) the posting of these joint resolutions and order on the official website of the National Bank of the Republic of Kazakhstan after their official publication;
3) within ten working days of the state registration of these joint resolutions and order, submission of information on the implementation of the measures provided for by subparagraph 2) of this paragraph and paragraph 3 of these joint resolutions and order to the Legal Department of the National Bank of the Republic of Kazakhstan.
3. The Department of Information and Communications - the press service of the National Bank of the Republic of Kazakhstan (A.R. Adambayeva), within two working days of the state registration of these joint resolutions and order, shall ensure the sending of their copies to print periodicals for official publication.
4. Control over the execution of these joint resolutions and order shall be entrusted to D.V. Vagapov, Deputy Chairman of the National Bank of the Republic of Kazakhstan; N.A. Abdrakhmanov, Deputy Chairman of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market and K.E.Baedilov, Vice-Minister of Finance of the Republic of Kazakhstan.
5. These joint resolutions and order are subject to official publication and come into force on January 1, 2021.
| Chairman of the Agency of | |
| the Republic of Kazakhstan | |
| for the Regulation and | |
| Development of the Financial Market | M.Abylkasymova |
| Minister of Finance of | |
| the Republic of Kazakhstan | Y.Zhamaubaev |
| Chairman of the National Bank of | |
| the Republic of Kazakhstan | Y.Dosaev |
AGREED
Bureau of National Statistics of
the Agency for Strategic
Planning and Reforms of
the Republic of Kazakhstan
| Approved by joint resolutions and order № 125 of the Board of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market as of December 22, 2020, № 1223 of the Minister of Finance of the Republic of Kazakhstan as of December 22, 2020 and № 151 of the Board of the National Bank of the Republic of Kazakhstan as of December 21, 2020 |
Rules for withdrawing cash from bank accounts by business entities
Chapter 1. General provisions
1. These Rules for Withdrawing Cash from Bank Accounts by Business Entities (hereinafter - the Rules) have been elaborated under the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (the Tax Code) (hereinafter - the Tax Code), the Laws of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan” (hereinafter - the Law on the National Bank), “On State Regulation, Control and Supervision of the Financial Market and Financial Organisations” and “On State Statistics” and establish the procedure for the withdrawal by business entities of cash from bank accounts, including the conditions for the withdrawal by business entities of cash from bank accounts exceeding the established limits, the procedure for the submission to the state revenue authority and the competent authority of data and information on the withdrawal by business entities of cash from bank accounts exceeding the established limits, including the form, list and deadlines for their submission.
Footnote. Paragraph 1 - as revised by joint Resolution of the Board of the National Bank of Kazakhstan № 73 of 26.09.2023, the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of Financial Market № 73 of 26.09.2023 and Order of the Deputy Prime Minister - Minister of Finance of Kazakhstan № 1042 of 02.10.2023 (shall become effective ten calendar days after the date of its first official publication).2. The following terms are used in the Rules:
1) documents confirming the purpose of withdrawing cash from a bank account - documents containing comprehensive information on the purpose of withdrawing cash, such as an agreement, order, instruction, cost estimate, commercial invoice, invoice for payment, payroll, court decision, invoice, purchase receipt, purchase order;
2) maximum amounts of cash withdrawals from bank accounts by business entities - the maximum amounts of cash withdrawals from bank accounts by business entities approved in accordance with subparagraph 10-1) of part two of Article 15 of the Law on the National Bank;
3) identification number of a business entity - a business or an individual identification number of a business entity;
4) state revenue body - the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan and (or) its territorial bodies;
5) the authorized body - the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market.
Chapter 2. The procedure for withdrawing cash from bank accounts by business entities
3. Business entities shall withdraw cash from bank accounts based on applications for withdrawal of cash from bank accounts lodged with second-tier banks, branches of non-resident banks of the Republic of Kazakhstan and organisations engaged in certain types of banking operations (hereinafter referred to as banks) under the Rules for Cash Operations and Operations on Collection of Banknotes, Coins and Valuables in Second- Tier Banks, Branches of Non-Resident Banks of the Republic of Kazakhstan, National Postal Operator and Legal Entities whose exclusive activity is collection of banknotes, coins and valuables, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan № 231 of November 29, 2019, recorded in the Register of State Registration of Regulatory Legal Acts under № 19680.
Footnote. Paragraph 3 - as revised by joint Resolution of the Board of the National Bank of Kazakhstan № 73 of 26.09.2023, the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of Financial Market № 73 of 26.09.2023 and Order of the Deputy Prime Minister - Minister of Finance of Kazakhstan № 1042 of 02.10.2023 (shall be enacted upon expiry of ten calendar days after the date of its first official publication).4. The amount of cash withdrawn from bank accounts by business entities during a calendar month, except for business entities not subject to the requirement for withdrawing cash from bank accounts determined in accordance with subparagraph 10-1) of part two of Article 15 of the Law on the National Bank, does not exceed the maximum amount of cash withdrawal by business entities from bank accounts.
5. Business entities, except for business entities not subject to the requirement for withdrawing cash from bank accounts determined in accordance with subparagraph 10-1) of part two of Article 15 of the Law on the National Bank, withdraw cash from bank accounts in the amount exceeding the maximum amount of cash withdrawal by business entities from bank accounts in compliance with the conditions provided for in Chapter 3 of the Rules.
6. The bank shall forward to the state revenue authority the documents confirming the purpose of cash withdrawal from the bank account on paper and (or) in electronic form, the consent to transfer information and (or) documents to the state revenue authority, not later than 10:00 a.m. Astana time of the working day following the day of submission by the business entity of the application for cash withdrawal from the bank account, on paper and (or) in electronic form, including for the purposes of exchange of information and (or) documents between the state revenue authority and the National Bank of the Republic of Kazakhstan as required by paragraphs 14 and 15 hereof, and an application that contains the identification number of the business entity and the individual identification number of the authorised representative of the business entity that submitted the application for cash withdrawal from the bank account.
Footnote. Paragraph 6 - as revised by joint Resolution of the Board of the National Bank of Kazakhstan № 73 of 26.09.2023, the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of Financial Market № 73 of 26.09.2023 and Order of the Deputy Prime Minister - Minister of Finance of Kazakhstan № 1042 of 02.10.2023 (shall be enforced upon expiration of ten calendar days after the date of its first official publication).7. By the end of a working day following the day of receipt of information and (or) documents, specified in paragraph 6 of the Rules, from the bank, the state revenue authority shall send to the bank, in written and (or) electronic form, information on the presence or absence of grounds for refusing to give cash in an amount exceeding the maximum amount of cash withdrawal by business entities from bank accounts.
8. The state revenue body, taking into account the application of the risk management system provided for in paragraph 1 of Article 136 of the Tax Code, makes a decision either:
on the absence of grounds for refusing to give cash - for a low risk level; or
on the presence of grounds for refusing to give cash - for on a high risk level.
9. If within three working days of the business entity’s submission of an application for cash withdrawal exceeding the maximum amount of cash withdrawal by business entities from bank accounts, the bank does not receive information on the presence or absence of grounds for refusing to give cash in an amount exceeding the maximum amount of cash withdrawal by business entities from bank accounts from the state revenue body, it is a ground for giving cash to the business entity.
10. In order to implement paragraph 8 of the Rules, for the application of the risk management system provided for in paragraph 1 of Article 136 of the Tax Code, the state revenue body develops and applies risk assessment criteria, which are confidential information.
11. Information from the state revenue authority on the presence or absence of grounds for refusing to give cash in an amount exceeding maximum amounts of cash withdrawals by business entities from bank accounts based on the results of applying the risk management system provided for in paragraph 1 of Article 136 of the Tax Code is valid for one calendar month.
Chapter 3. Conditions for withdrawing cash from bank accounts by business entities in excess of the fixed maximum amounts
12. It is allowed for business entities to exceed the maximum amount of cash withdrawal from bank accounts, except for business entities not subject to the requirement for withdrawing cash from bank accounts determined in accordance with subparagraph 10-1) of part two of Article 15 of the Law on the National Bank, provided that all of the following conditions are met:
availability of documents confirming the purpose of withdrawing cash from a bank account;
business entities’ submission of consent to transfer information and (or) documents to the state revenue body, also for the purpose of exchanging information and (or) documents between the state revenue body and the National Bank of the Republic of Kazakhstan in accordance with paragraphs 14 and 15 of these Rules;
receipt by the bank of information from the state revenue body on the absence of grounds for refusing to give cash in an amount exceeding the maximum amount of cash withdrawal by business entities from bank accounts.
Chapter 4. The procedure for providing data and information on cash withdrawal
from bank accounts by business entities in excess of the fixed maximum amounts
13. On a monthly basis, on or before the fifteenth day of a month following the reporting month, banks send to the National Bank of the Republic of Kazakhstan information on the amount of cash withdrawals from bank accounts worth more than 10,000,000 (ten million) tenge in aggregate made during a calendar month by business entities, in accordance with the form in the appendix to the Rules.
14. The National Bank of the Republic of Kazakhstan consolidates data specified in paragraph 13 of the Rules, based on the identification numbers of business entities in the context of banks and business entities that have withdrawn cash from bank accounts, to identify business entities that have exceeded the maximum amounts of cash withdrawals by business entities from bank accounts. On a monthly basis, on or before the last business day of a month following the reporting month, consolidated data in electronic form in the context of banks and identification numbers of business entities are sent by the National Bank of the Republic of Kazakhstan to the state revenue body for use in the risk management system provided for in paragraph 1 of Article 136 of the Tax Code and an authorized body for monitoring banks’ compliance with the Rules and the maximum amounts of cash withdrawals by business entities from bank accounts.
15. On a monthly basis, on or before the fifteenth day of a month following the reporting month, the state revenue body sends to the National Bank of the Republic of Kazakhstan, in electronic form, information in the context of banks pursuant to applications received during a calendar month for withdrawing cash from bank accounts, indicating the name, the identification number of the business entity, the amount claimed and information on the presence or absence of grounds for refusing to give cash in an amount exceeding the maximum amount of cash withdrawal by business entities from bank accounts.
| Appendix to the Rules for withdrawing cash by business entities from bank accounts № 125 of the Board of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market as of December 22, 2020, № 1223 of the Minister of Finance of the Republic of Kazakhstan as of December 22, 2020 and № 151 of the Board of the National Bank of the Republic of Kazakhstan as of December 21, 2020 |
Form designed to collect administrative data
To be filed: to the National Bank of the Republic of Kazakhstan
The administrative data form is available on the Internet resource: www.nationalbank.kz
Details
of the amounts of cash withdrawals from bank accounts in the amount of more than
KZT 10,000,000 (ten million) in the aggregate, made within a calendar month by business entities
Footnote. The Appendix - as revised by joint Resolution of the Board of the National Bank of Kazakhstan № 73 of 26.09.2023, the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of Financial Market № 73 of 26.09.2023 and Order of the Deputy Prime Minister - Minister of Finance of Kazakhstan № 1042 of 02.10.2023 (shall take effect upon expiration of ten calendar days after the date of its first official publication).
Administrative Data Form Index: SND_SP_1.
Frequency: monthly
Reporting period: as of "___" ___________ 20 __
Entities providing data: second-tier banks, branches of non-resident banks of the Republic of Kazakhstan, and organisations engaged in certain types of banking operations
Deadline for filing the administrative data form: monthly, not later than the fifteenth day of the month following the reporting month
Document form
Business identification number of a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan and an organisation engaged in certain types of banking operations: KZT ____________________________________
thousand
№ | Details of the client of a bank, a branch of a non-resident bank of the Republic of Kazakhstan, an organisation engaged in certain types of banking operations | Cash withdrawal amount for the reporting month | ||||||||||
Total cash withdrawal amount | Including foreign currency in cash | Including by region | ||||||||||
Business Identification Number/Individual Identification Number | Name | Code of the business entity | Code of the general classifier of economic activities | Limit on cash withdrawals from a bank account | the city of Astana | The city of Almaty | The city of Shymkent | Akmola Region | Aktobe Region | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
table continued
Cash withdrawal amount for the reporting month | |||||||
Including by regions | |||||||
Almaty Region | Atyrau Region | East Kazakhstan Region | Zhambyl Region | West Kazakhstan Region | Karagandy Region | Kostanay Region | Kyzylorda Region |
14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 |
table continued
Cash withdrawal amount for the reporting month | ||||||
Including by regions | ||||||
Mangistau Region | Pavlodar Region | North Kazakhstan Region | Turkestan Region | Abay Region | Zhetyssu Region | Ulytau Region |
22 | 23 | 24 | 25 | 26 | 27 | 28 |
Name ________________________________________
Address _______________________________________________
Telephone _____________________________________________
E-mail address ______________________________
Performed by ______________________________ ___________
surname, first name and patronymic (if any) contact telephone number
Chief Accountant or person authorised to sign the form
________________________________________ ____________
surname, first name and patronymic (if any) signature, telephone number
Date "____" ______________ 20 __
Clarification on the completion of the administrative data form
Details of amounts of cash withdrawals from bank accounts in the amount exceeding KZT
10,000,000 (ten million) in the aggregate, made within a calendar month by business entities
(index - SND_SP_1, frequency - monthly)
Chapter 1. General provisions
1. This Clarification (hereinafter - Clarification) specifies the unified requirements for completing the administrative data form “Details of Amounts of Cash Withdrawals from Bank Accounts in the Amount exceeding KZT 10,000,000 (ten million) in the aggregate, made within a calendar month by Business Entities (hereinafter – the Form).
2. The form shall be elaborated as per sub-paragraph 69) of part two of Article 15 of the Law of the Republic of Kazakhstan ‘On the National Bank of the Republic of Kazakhstan’ (hereinafter - the Law on the National Bank of the Republic of Kazakhstan).
3. The Form shall be compiled monthly by second-tier banks, branches of non-resident banks of the Republic of Kazakhstan and organisations engaged in certain types of banking operations (hereinafter - banks) as of the first day of each month. Data in the Form shall be filled in thousands of tenge.
4. The Form shall be signed by the Chief Accountant or a person authorised to sign the Form.
Chapter 2: Clarification on completing the Form
5. The form shall be filled out in Kazakh or Russian languages.
6. The form shall include data on the amounts of cash withdrawals from bank accounts in the amount exceeding KZT 10,000,000 (ten million) in the aggregate, made within a calendar month by business entities, including by regions.
7. All indicators shall be compulsory, unless otherwise specified in the Explanation to the respective indicator.
8. Column 1 shall specify the serial numerical number of the report on transactions of business entities that made cash withdrawals from bank accounts for the total amount exceeding KZT 10,000,000 (ten million) within a calendar month, information thereon is reported to the National Bank of the Republic of Kazakhstan. The sequence number of transaction shall be generated in ascending order, starting from the number ‘1’ in numeric format.
9. Column 2 shall include business identification number (individual identification number) of the business entity that made cash withdrawals from bank accounts for the total amount exceeding KZT 10,000,000 (ten million) within a calendar month.
The business identification number (individual identification number) of its head unit shall be shown in case of application for cash withdrawal from bank accounts by a separate unit of the business entity (branch, representative office).
10. Column 3 shall reflect the name of the business entity that made cash withdrawals from bank accounts for the total amount exceeding KZT 10,000,000 (ten million) within a calendar month.
The name of its head unit shall be stated in case of application for cash withdrawal from bank accounts by a separate unit of the business entity (branch, representative office).
11. Column 4 shall show the code of the business entity that made cash withdrawals from bank accounts for the total amount exceeding KZT 10,000,000 (ten million) within a calendar month:
code 01 shall be assigned to legal entities belonging to small business entities, including self-employment entities;
code 04 shall be assigned to legal entities belonging to medium-sized enterprises;
code 07 shall be assigned to legal entities belonging to the entities of large-scale entrepreneurship;
code 02 shall be given to individual entrepreneurs belonging to small business entities, including self-employment entities;
code 05 shall be attributed to individual entrepreneurs belonging to medium-sized enterprises;
code 08 shall be assigned to individual entrepreneurs belonging to the entities of large-scale entrepreneurship.
12. Column 5 shall reflect the code of the general classifier of economic activity of the business entity that made cash withdrawals from bank accounts for the total amount exceeding KZT 10,000,000 (ten million) within a calendar month.
13. Column 6 shall reflect the maximum amount of cash withdrawal by business entities from bank accounts as per joint resolution of the Board of the National Bank of the Republic of Kazakhstan № 150 of December 21, 2020 and Order of the Minister of National Economy of the Republic of Kazakhstan № 95 of December 23, 2020 “On Approval of the Limit Amounts of Cash Withdrawal by Business Entities from Bank Accounts, as well as Business Entities Not Subject to Cash Withdrawal Requirement”, (recorded in the Register of State Registration of Regulatory Legal Acts under № 21901).
14. Column 7 shall reflect the total actual amount of cash withdrawal from bank accounts of the business entity that made cash withdrawal from bank accounts for the total amount exceeding KZT 10,000,000 (ten million) within a calendar month, including foreign currency in cash (equivalent in KZT at the market exchange rate of the bank on the day of the transaction), cash received by the business entity using corporate payment cards, including considering separate units of the business entity. The sum of this column shall be equal to the sum of columns 9-25.
15. Column 8 shall reflect the actual amount of foreign currency cash withdrawal (equivalent in tenge at the market exchange rate of the bank on the day of the transaction) from bank accounts of the business entity, which made cash withdrawal from bank accounts for the total amount exceeding KZT 10,000,000 (ten million) within a calendar month, including separate divisions of the business entity (branch, representative office).
16. Columns 9-25 shall show actual amounts of cash withdrawals from bank accounts of the business entity that made cash withdrawals from bank accounts for the total amount exceeding KZT 10,000,000 (ten million) within a calendar month, including foreign currency in cash (equivalent in KZT at the market exchange rate of the bank on the day of the transaction), cash received by the business entity using corporate payment cards, including separate units of the business entity (branch, representative office), by regions.
