Article 15-5. Other issues related to the inspections of the Law on State Regulation, Control and Supervision of the Financial Market and Financial Organizations

Home / Laws / Article 15-5. Other issues related to the inspections of the Law on State Regulation, Control and Supervision of the Financial Market and Financial Organizations

1. The inspection staff of the control and supervision body, if necessary, draw up interim acts, which are submitted to the audited entity for review.

2. The audited entity, within two working days from the date of receipt of the interim report, returns one copy of the interim report signed by the head (his deputy) or the head responsible for ensuring the audit, and submits written objections to the head of the audit if there are comments on the contents of the interim report.

The conclusions set out in the interim reports are preliminary and may be reviewed in the audit report, taking into account objections and additional information received from the audited entity, including from third parties.

3. Within thirty working days from the end date of the audit, based on a risk assessment, an unscheduled audit, two copies of the audit results report signed by the inspection staff of the control and supervision body, the head of the audit and his immediate supervisor are sent to the head of the audited entity.

The report on the results of the audit contains the following information:

1) date and place of drawing up the act;

2) the name of the body that conducted the inspection;

3) the date and number of the inspection appointment act on the basis of which the inspection was conducted;

4) surname, initials and position of the person(s) who conducted the inspection;

5) the name of the audited entity, its location, business identification number (if any), surname, first name, patronymic (if any) of the head of the audited entity or his representative;

6) the place and period of the inspection;

7) information about the results of the audit, including the violations identified;

8) information on familiarization of the head (his deputy) or the head responsible for ensuring the conduct of the audit of the audited entity, or another person specified in paragraph 7 of this article, with the act on the results of the audit;

9) the signature of the official(s) who conducted the inspection.

The necessary documents, information or copies thereof related to the results of the audit may be attached to the report on the results of the audit.

4. The head (his deputy) or the head responsible for ensuring the conduct of the audit of the audited entity shall accept the first copy of the act on the results of the audit, approve each sheet of the second copy of the act, indicate on its last sheet a note on the date of receipt indicating the position, surname, first name, patronymic (if any) and no later than the next day. after receiving the report on the results of the audit, he sends it to the control and supervisory authority. The results of the audit, set out in the act on the results of the audit, are brought by the audited entity to the attention of the executive and other management bodies of the audited entity.

5. If there are objections to the results of the audit, the audited entity, within ten working days from the date of receipt of the act on the results of the audit, submits them in writing to the control and supervisory authority.

6. The results of the audit of the audited entity, set out in the act on the results of the audit based on a risk assessment, an unscheduled audit, if necessary, are considered at a meeting chaired by the head of the control and supervision body (his deputies), heads of departments of the control and supervision body, persons entrusted with the management of the audit, with the invitation of the heads of the audited entity.

The results of the meeting are drawn up in a protocol signed by the chairman of the meeting, and sent to the head of the audited entity for review within five working days from the date of signing. If there are objections, the audited entity shall submit them in writing to the control and supervisory authority within three working days from the date of receipt of the minutes of the meeting.

If the control and supervision body does not agree with the objections of the audited entity to the minutes of the meeting, the final decision is made by the head of the control and supervision body or his deputy and brought to the attention of the head of the audited entity.

7. An act on the results of an inspection based on a risk assessment, an unscheduled inspection by the audited entity is signed by the head, his deputy or the head responsible for ensuring the inspection.

In the absence of the head of the audited entity, his deputy, or the head responsible for ensuring the conduct of the audit, an act on the results of the audit based on a risk assessment, an unscheduled audit by the audited entity may be signed by its founder (one of the founders) or another employee acting on behalf of the audited entity, including on the basis of an appropriate order. and (or) a power of attorney.

8. In the absence of the persons referred to in paragraph 7 of this Article and the impossibility of handing over the inspection results report to them for signature, the inspection results report shall be deemed to have been executed from the date of signing the inspection results report by the inspectors.

9. The results of the audit are subject to use solely for the purpose of performing the functions of the control and supervision body within its competence.

10. An act on the results of an audit based on a risk assessment or an unscheduled audit may not be used by the audited entity to confirm its financial viability for advertising or other purposes, nor may it be transferred to third parties without the consent of the control and supervisory authority, except in cases provided for by the laws of the Republic of Kazakhstan.

11. If the documentary data of financial and other statements submitted by the audited entity to the control and supervisory authority differs from the information provided in the audit results report based on a risk assessment or an unscheduled audit, the audited entity adjusts its reporting to the actual data specified in the audit results report, including for previous reporting periods. dates.

12. The audited entity, within the time period established by the control and supervision body, submits for approval an action plan with planned measures, responsible executors and deadlines for eliminating violations and deficiencies identified during the audit.

After agreeing on the action plan with the control and supervisory authority, the audited entity submits reports on the elimination of violations and deficiencies or clarifications on the reasons for non-fulfillment of its obligations under the action plan.

13. Violation by the audited entity of the requirements specified in part four of paragraph 2, paragraphs 3, 5 and 6 of Article 15-3, paragraph 3 of Article 15-4 of this Law, as well as in paragraphs 2, 4 and 12 of this Article, is the basis for applying limited measures of influence, supervisory response measures and sanctions to the audited entity or its head, provided for by the laws of the Republic of Kazakhstan.

14. Employees of the control and supervision body are prohibited from disclosing or transferring to third parties information obtained during the audit of the activities of the audited entity.

15. Persons carrying out the audit are responsible for disclosing information obtained during the audit of the activities of the audited entity and constituting a legally protected secret, in accordance with the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 4, 2003 No. 474-II.

This Law regulates public relations related to the implementation of state regulation, control and supervision of the financial market and financial organizations, and is aimed at increasing the stability of the financial system of the Republic of Kazakhstan and creating conditions to prevent violations of the rights and legitimate interests of consumers of financial services.

President

Republic of Kazakhstan

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