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Home / Laws / Article 100. Mechanism of compensation (coverage) of losses (funds) incurred (used) as a result of the Bank's regulation of the Law on Banks and Banking Activities in the Republic Kazakhstan

Article 100. Mechanism of compensation (coverage) of losses (funds) incurred (used) as a result of the Bank's regulation of the Law on Banks and Banking Activities in the Republic Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 100. Mechanism of compensation (coverage) of losses (funds) incurred (used) as a result of the Bank's regulation of the Law on Banks and Banking Activities in the Republic Kazakhstan

     1. The authorized body and the National Bank of the Republic of Kazakhstan make a joint decision on the reimbursement of funds from the republican budget and (or) other public funds used by the Government of the Republic of Kazakhstan and (or) the national management holding in the settlement of a systemically important bank, at the expense of mandatory monetary contributions from banks and branches of non–resident banks of the Republic of Kazakhstan.  

     The amount of the loss is subject to compensation, defined as the difference between the purchase price of shares of a systemically important bank or shares of a stabilization bank to which the assets of such a bank were transferred, and the price of the subsequent sale of these shares to a new investor.

     If the condition for the sale by the Government of the Republic of Kazakhstan or the national management holding of shares of a systemically significant bank or a stabilization bank to which the assets and liabilities of a systemically significant bank have been transferred is partial reimbursement (coverage) from the future net profit of such a bank of funds from the republican budget and (or) other public funds used in the settlement of a systemically significant the amount of the specified compensation (coverage) is subject to deduction from the amount of losses determined by the second part of this paragraph.  

     The decision specified in the first part of this paragraph is made within three months after the sale by the Government of the Republic of Kazakhstan or the national managing holding of shares of a systemically important bank or a stabilization bank to which the assets and liabilities of a systemically important bank were transferred to a new investor.

     2. The amounts, procedure and deadlines for making mandatory monetary contributions are determined by a joint act of the authorized body and the National Bank of the Republic of Kazakhstan.  

     The amount of the mandatory monetary contribution per year may not exceed 0.2 percent of the amount of obligations of the bank or a branch of a non–resident bank of the Republic of Kazakhstan as of January 1 of the year of the decision on compensation for losses.

     The authorized body has the right to grant a deferral or installment payment of the contribution for a period of no more than six months if the payment leads to a violation by the bank of prudential or macroprudential standards and limits.  

 

 

 

The Law of the Republic of Kazakhstan dated January 16, 2026 No. 258-VIII SAM. 

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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