Article 135. The procedure for the enactment of this Law, the Law on Banks and Banking Activities in the Republic of Kazakhstan

Home / Laws / Article 135. The procedure for the enactment of this Law, the Law on Banks and Banking Activities in the Republic of Kazakhstan

1. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:

1) the third parts of paragraph 6 of Article 52 and paragraph 17 of Article 58 of this Law, which shall enter into force six months after the date of its first official publication.;

2) subparagraph 1) of the first part of paragraph 3 of Article 8, parts two and three of paragraph 1 of Article 9, subparagraph 3) of paragraph 13 and subparagraph 2) of paragraph 14 of Article 19, paragraphs 2 and 3 of Article 26, subparagraph 1) of the first part of paragraph 1 of Article 52, paragraph 21 of Article 58, paragraph 9 of Article 61, paragraph four of subparagraph 1) of the first part of paragraph 9 of Article 63, subparagraph 2) of the first and second parts of paragraph 1 of Article 67, subparagraph 10) of paragraph 6, paragraph one of paragraph 7 and subparagraph 5) of paragraph 9 of Article 69, subparagraph 13) of paragraph 2 of Article 78, subparagraph 14) of paragraph 1 and subparagraph 7) of paragraph 4 of Article 83, Article 84, section 6, paragraph 2 of Article 133 of this Law, which will enter into force on July 1, 2026;

3) subparagraph 15) of Article 1, paragraphs 7 and 8 of Article 61, paragraph 5 of Article 64, Article 65, paragraph 19 of Article 69, paragraph 5 of Article 75 of this Law, which shall enter into force on January 1, 2027;

4) the second part of subparagraph 4) of paragraph 11 of Article 61 of this Law, which will enter into force on May 1, 2027.

2. Paragraph 5 of Article 132 of this Law is valid until January 1, 2027.

3. Suspend:

1) until July 2, 2026, the third part of paragraph 4 of Article 52 of this Law, having established that during the period of suspension, this part is valid in the following wording:

"The rules on the general conditions of banking activities, in addition to the information, the list of which is established by the regulatory legal act of the authorized body specified in the first part of this paragraph, must contain provisions on the procedure for working with clients.";

2) until January 1, 2027:

the effect of subitems 11) and 12) of paragraph 2 of Article 78 of this Law, having established that during the period of suspension these subitems are valid in the following wording:

"11) non-fulfillment or improper fulfillment by the bank of obligations to pay mandatory contributions and (or) other payments to the office of the Banking Ombudsman;

12) failure by the bank to comply with the decision of the Banking Ombudsman within the time limit set by this decision;";

the effect of subparagraph 1) of paragraph 2 of Article 87 of this Law, having established that during the period of suspension this subparagraph is valid in the following wording:

"1) receive information, financial and other reports with an individually determined frequency;";

3) until May 1, 2027, paragraph 5 of Article 63 of this Law, having established that during the period of suspension, this paragraph is valid in the following wording:

"5. It is prohibited for a bank to assign rights (claims) under a bank loan agreement with an individual not related to business activities to a collection agency.".

4. A bank and an organization engaged in certain types of banking operations are required to realize, within three years from the date of entry into force of this Law, by bidding on an electronic trading platform for the sale of banking and microfinance assets, the following property:

the property they have on their balance sheet and acquired before September 5, 2022 as a result of foreclosure on collateral (other collateral) under a bank loan agreement;

the property they have on their balance sheet and acquired before August 20, 2024 as a result of receiving compensation in return for fulfilling obligations under a bank loan agreement.

A stress asset management subsidiary is required to sell the following assets within three years from the date of entry into force of this Law by bidding on an electronic trading platform for the sale of banking and microfinance assets:

property held on its balance sheet and acquired before August 20, 2024 as a result of foreclosure on collateral (other collateral) under a bank loan agreement and (or) receiving compensation in return for fulfilling obligations under a bank loan agreement;

the property provided for in subparagraph 1) paragraph 3 of Article 30 of this Law, which is on her balance sheet and transferred to her by the parent bank and (or) acquired from the parent bank before the enactment of this Law.

The total duration of the property acquired as a result of foreclosure on the subject of collateral (other security) under a bank loan agreement and (or) receiving compensation in return for fulfilling obligations under a bank loan agreement should not exceed three years from the date of its receipt into the ownership of the bank.

The term established by the first and second parts of this paragraph does not apply to the following property:

a land plot, the term of which is determined taking into account the specifics provided for by the Land Code of the Republic of Kazakhstan;

a dwelling leased by the bank (property lease) without the condition of its purchase in accordance with subparagraph 2) of the first part of paragraph 2 of Article 28 of this Law, the term of which is extended in proportion to the term of the lease;

the property specified in part five of this paragraph.

The Bank is obliged to sell shares, stakes, units or other forms of equity participation in organizations that are on the balance sheet and acquired as a result of foreclosure on collateral (other collateral) under a bank loan agreement within twelve months from the date of entry into force of this Law, except in cases of acquisition of shares, stakes, units or other forms of equity participation in the capital of organizations specified in paragraph 2 of Article 23 of this Law, subject to the requirements and restrictions established by paragraph 3 of Article 23 of this Law.

5. Establish that:

1) bank loan agreements concluded before the entry into force of this Law, as well as legal relations under such agreements that arose before the date of entry into force of this Law, are regulated by the legislation of the Republic of Kazakhstan in force at the time of conclusion or emergence of legal relations under bank loan agreements.;

2) the legal relations that arose after the enactment of this Law from bank loan agreements concluded before its enactment shall be regulated in accordance with this Law.;

3) the effect of the second part of subparagraph 4) of paragraph 11 of Article 61 of this Law applies to legal relations arising from previously concluded bank loan agreements.

When calculating the twenty–four-month period for the purpose of assignment of rights (claims) under a non-entrepreneurial bank loan agreement concluded with an individual borrower before May 1, 2027, the collection agency takes into account the overdue debt period and debt settlement procedures conducted before May 1, 2027.;

4) starting from July 1, 2026, the Banking Ombudsman shall carry out collective debt settlement through the collective settlement platform operating under the Banking Ombudsman in accordance with paragraph 9 of Article 61 of this Law.;

5) the requirements of the second part of paragraph 3 of Article 57 of this Law apply to legal relations arising from previously concluded contracts.;

6) the requirements provided for in paragraph 17 of Article 58 of this Law apply to:

consumer bank loan agreements (consumer micro-credit agreements) not secured by collateral, concluded six months after the date of the first official publication of this Law;

applications for an increase in the amount of a consumer bank loan (micro-loan), as well as applications for a consumer bank loan (micro-loan) not secured by collateral, submitted six months after the date of the first official publication of this Law under a previously concluded agreement, the terms of which provide for the transfer of money in full or in parts based on the application;

7) appeals from individuals sent to the banking Ombudsman before January 1, 2027, on which no decisions have been taken, as well as appeals related to changes in the terms of fulfillment of obligations under bank loan agreements, for which no assistance has been provided in reaching a mutually acceptable solution and a decision agreed by the parties to change the terms has not been made, are subject to transfer to the Financial Ombudsman Service until January 14, 2027.

For these applications, the calculation of the time period for their consideration begins from the date of their receipt by the Financial Ombudsman service.;

8) the requirements of Article 66 of this Law apply to bank loan agreements concluded on October 1, 2017.

6. To invalidate the Law of the Republic of Kazakhstan dated August 31, 1995 "On Banks and banking activities in the Republic of Kazakhstan" from the date of entry into force of this Law, with the exception of:

1) subitems 1), 1-1) of paragraph 2 and paragraph 3 of Article 16, paragraphs 2 and 3 of Article 16-3, paragraphs 2 and 4 of Article 17, articles 17-2, 31-1 and 48-1, subparagraph 6) of the second part of paragraph 4 of Article 50, Chapters 6-1, 7-2 and 8, which are recognized as invalid from 1 July 2026;

2) articles 40-1, 40-2, 40-3, 40-4, paragraph 7-2 of Article 50, which are declared invalid on January 1, 2027.

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

President

Republic of Kazakhstan

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