Unofficial translation
Footnote. It shall be enforced from 01.01.2021 in accordance with paragraph 5 of this joint order and resolutions.In accordance with the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code) as of December 25, 2017, the laws of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan” as of March 30, 1995, “On state regulation, control and supervision of the financial market and financial organizations” as of July 4, 2003 and “On state statistics” as of March 19, 2010, the Board of the National Bank of the Republic of Kazakhstan, the Board of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market hereby RESOLVE, the Minister of Finance of the Republic of Kazakhstan hereby ORDERS:
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
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 referred to as the Rules) are developed in accordance with the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code) as of December 25, 2017 (hereinafter referred to as the Tax Code), the laws of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan” as of March 30, 1995 (hereinafter referred to as the Law on the National Bank), “On state regulation, control and supervision of the financial market and financial organizations” as of July 4, 2003 and “On state statistics” as of March 19, 2010 and establish the procedure for withdrawing cash from bank accounts by business entities, including the conditions for withdrawing cash from bank accounts by business entities in excess of the fixed maximum amounts, the procedure for submitting data and information on the withdrawal of cash by business entities from bank accounts in excess of the fixed maximum amounts to the state revenue body and the authorized body, including the form, list and timing of their submission.
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 withdraw cash from bank accounts on the basis of applications for cash withdrawal from bank accounts submitted to second-tier banks and organizations carrying out certain types of banking operations (hereinafter referred to as banks) in accordance with the Rules for cash transactions and operations for the collection of banknotes, coins and valuables in second-tier banks, the National Postal Operator and legal entities whose exclusive activities are the collection of banknotes, coins and valuables approved by Resolution № 231 of the Board of the National Bank of the Republic of Kazakhstan as of November 29, 2019, registered in the State Registration Register of Regulatory Legal Acts under № 19680.
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. On or before 10:00am Nur-Sultan time of a working day following the day of submission of an application for withdrawing cash from the bank account by a business entity, a bank sends it to the state revenue body paper-based and (or) electronic documents confirming the purpose of withdrawing cash from the bank account, consent to the transfer of 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, and an application that contains the identification number of the business entity and the individual identification number of the authorized representative of the business entity who applied for cash withdrawal from the bank account.
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.
Form for collecting administrative data
To be submitted to: the National Bank of the Republic of Kazakhstan
The administrative data form is posted on www.nationalbank.kz
Information on the amount of cash withdrawals from bank accounts worth more than 10,000,000 (ten million) KZT in aggregate made by business entities during a calendar month
Administrative data form index: SND_SP
Frequency: monthly
Reporting period: as of “___” ___________20__
Group of persons presenting information: banks and organizations carrying out certain types of banking operations
Deadline for submitting the administrative data form: monthly, on or before the fifteenth day of a month following the reporting month
| Form |
Business identification number of the bank, organization carrying out certain types of banking operations: _________________________________
thousand tenge
№№ | Information on the client of a bank, an organization carrying out certain types of banking operations | The amount of cash withdrawn during the reporting month | ||||||||||
Total amount of cash withdrawn | Including foreign currency in cash | Also by regions | ||||||||||
Business identification number/ Individual identification number | Name | Code of business entity | Code of General classifier of economic activities | Maximum amount of cash withdrawal from a bank account | City of Nur-Sultan | City of Almaty | City of Shymkent | Akmola region | Aktobe region | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
Table continued
The amount of cash withdrawn during the reporting month | |||||||||||
Also by regions | |||||||||||
Almaty region | Atyrau region | East-Kazakhstan region | Zhambyl region | West-Kazakhstan region | Karaganda region | Kostanai region | Kyzylorda region | Mangistau region | Pavlodar region | North-Kazakhstan region | Turkestan region |
14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |
Name________________ Address__________________________________
Telephone ____________________________________________________________
Email address _____________________________________________
Prepared by_______________________________________ _________________
surname, name, patronymic (if any) telephone
Chief account or person authorized to sign the form
__________________________________________ _________________________
surname, name, patronymic (if any) signature telephone
Date “____” ______________ 20__
| Appendix to the form of Information on amounts of cash withdrawals from bank accounts worth more than 10,000,000 (ten million) KZT in aggregate made by business entities during a calendar month |
Explanation of how to fill out the administrative data form
Information on amounts of cash withdrawals from bank accounts worth more than 10,000,000 (ten million) KZT
in aggregate made by business entities during a calendar month (index – SND_SP, frequency - monthly)
Chapter 1. General provisions
1. This explanation (hereinafter referred to as the Explanation) sets uniform requirements for filling out the administrative data form “Information on amounts of cash withdrawals from bank accounts worth more than 10,000,000 (ten million) tenge in aggregate made by business entities during a calendar month” (hereinafter referred to as the Form).
2. The Form is developed in accordance with subparagraph 69) of part two of Article 15 of the Law of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan” as of March 30, 1995 (hereinafter referred to as the Law on the National Bank).
3. The Form is drawn up on a monthly basis by banks and organizations carrying out certain types of banking operations (hereinafter referred to as banks) as of the first day of each month. The data in the Form are filled in thousands of KZT.
4. The Form is signed by the chief accountant or a person authorized to sign the Form.
Chapter 2. Explanation of how to fill out the Form
5. The form is filled out in Kazakh or Russian.
6. The Form contains information on amounts of cash withdrawals from bank accounts worth more than 10,000,000 (ten million) tenge in aggregate made by business entities during a calendar month, also in the context of regions.
7. It is mandatory to fill out all indicators unless otherwise specified in the Explanation of a relevant indicator.
8. Column 1 indicates the ordinal arithmetic number of a message on the transactions of business entities that have withdrawn cash from bank accounts for a total amount exceeding 10,000,000 (ten million) tenge during a calendar month, information on which is submitted to the National Bank of the Republic of Kazakhstan. The ordinal number of a transaction is generated in the ascending order starting from the number “1” in the number format.
9. Column 2 indicates the business identification number (individual identification number) of the business entity that has withdrawn cash from bank accounts for a total amount exceeding 10,000,000 (ten million) tenge during a calendar month.
If an application for withdrawing cash from a bank account is submitted by a separate subdivision of a business entity (branch, representative office), the business identification number (individual identification number) of its head subdivision is indicated.
10. Column 3 indicates the name of the business entity that has withdrawn cash from bank accounts for a total amount exceeding 10,000,000 (ten million) tenge during a calendar month.
If an application for withdrawing cash from a bank account is submitted by a separate subdivision of a business entity (branch, representative office), the name of its head subdivision is indicated.
11. Column 4 indicates the code of the business entity that has withdrawn cash from bank accounts for a total amount exceeding 10,000,000 (ten million) tenge during a calendar month:
code 01 is assigned to legal entities belonging to small businesses, including micro-businesses;
code 04 is assigned to legal entities belonging to medium-sized businesses;
code 07 is assigned to legal entities belonging to large business entities;
code 02 is assigned to individual entrepreneurs belonging to small businesses, including micro-businesses;
code 05 is assigned to individual entrepreneurs belonging to medium-sized businesses;
code 08 is assigned to individual entrepreneurs belonging to large business entities.
12. Column 5 indicates the code of the general classifier of economic activities of a business entity that has withdrawn cash from bank accounts for a total amount exceeding 10,000,000 (ten million) tenge during a calendar month.
13. Column 6 indicates the maximum amount of cash withdrawals by business entities from bank accounts approved in accordance with subparagraph 10-1) of part two of Article 15 of the Law on the National Bank.
14. Column 7 indicates the total actual amount of cash withdrawals from the bank accounts of a business entity that has withdrawn cash from bank accounts for a total amount exceeding 10,000,000 (ten million) tenge during a calendar month, including foreign currency in cash (equivalent in tenge at the market rate of the bank as of the day of the transaction), cash received by the business entity using corporate payment cards, also with account of the separate subdivisions of the business entity (branch, representative office). The amount of this column must be equal to the sum of columns 9-25.
15. Column 8 indicates the actual amount of cash withdrawn in foreign currency (equivalent in tenge at the market rate of the bank as of the day of the transaction) from the bank accounts of the business entity that has withdrawn cash from bank accounts for a total amount exceeding 10,000,000 (ten million) tenge within a calendar month, also with account of separate subdivisions of the business entity (branch, representative office).
16. Columns 9-25 indicate the actual amounts of cash withdrawals from bank accounts of a business entity that has withdrawn cash from bank accounts for a total amount exceeding 10,000,000 (ten million) tenge within a calendar month, including foreign currency in cash (equivalent in tenge at the market rate of the bank as of the day of the transaction), cash received by the business entity using corporate payment cards, also with account of separate subdivisions of the business entity (branch, representative office), in the context of regions.
