Article 22. Banking activities of the Law on Banks and Banking Activities in the Republic Kazakhstan

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1. Banking activity is the implementation of banking operations provided for in the first part of paragraph 2 of this Article, other operations provided for in the first part of paragraph 3 of this article, as well as Islamic banking operations provided for in the first part of paragraph 4 of this Article.

2. The Bank has the right, if it has an appropriate banking license, to carry out the following types of banking operations::

1) accepting deposits, opening and maintaining bank accounts of legal entities;

2) accepting deposits, opening and maintaining bank accounts of individuals;

3) opening and maintaining correspondent accounts of banks, organizations engaged in certain types of banking operations, as well as non–resident financial organizations of the Republic of Kazakhstan;

4) opening and maintaining metal accounts of individuals and legal entities, which reflect the physical quantity of refined precious metals and coins made of precious metals belonging to these persons;

5) transfer operations: following the instructions of individuals and legal entities on payments and money transfers;

6) cash operations: receiving and issuing cash, including its exchange, exchange, recalculation, sorting, packaging and storage;

7) exchange operations with cash and (or) non-cash foreign currency;

8) bank loan operations: provision of bank loans in cash on the terms of payment, urgency and repayment (with the exception of interbank loans);

9) opening (issuing) and confirmation of a letter of credit and fulfillment of obligations under it;

10) issuance of bank guarantees providing for monetary execution (with the exception of interbank guarantees);

11) issuance of bank guarantees and other obligations for third parties providing for execution in monetary form (with the exception of interbank guarantees);

12) collection of banknotes, coins and valuables;

13) accounting operations: accounting (discount) of promissory notes and other debt obligations of individuals and legal entities;

14) acceptance of payment documents for collection (except for promissory notes).

Banking operation provided for in subparagraph 2) the first part of this paragraph is carried out by a bank with a basic banking license within the limits not exceeding the amounts established by a regulatory legal act of the authorized body.

Banking operations provided for in sub-paragraphs 8), 9), 10), 11), 13) and 14) of the first part of this paragraph, are carried out by a bank with a basic banking license only with residents of the Republic of Kazakhstan.

3. In addition to the banking operations provided for in paragraph 2 of this Article, the Bank may, if it has an appropriate banking license, carry out the following types of other operations:

1) factoring operations: financing for the assignment of a monetary claim with acceptance or non-acceptance of the risk of non-payment;

2) leasing activities;

3) trust operations: management on behalf of the founder of the trust management in the interests of the person indicated by the founder, money, refined precious metals, rights (claims) under a bank loan agreement, a micro-loan agreement;

4) safe deposit operations: services for the storage of securities issued in documentary form, documents and valuables of clients, including the rental of safe boxes, cabinets, premises;

5) purchase, acceptance as collateral, accounting, storage and sale of refined precious metals (gold, silver, platinum, platinum group metals) in bullion, coins made of precious metals;

6) purchase, acceptance as collateral, accounting, storage and sale of jewelry containing precious metals and (or) precious stones;

7) promissory note transactions: acceptance of promissory notes for collection, provision of services for payment of promissory notes by the payer, payment of domiciled promissory notes, acceptance of promissory notes by way of mediation;

8) forfeiting operations (forfetting): payment of the debt obligation of the buyer of goods (works, services) by purchasing a promissory note without turnover for the seller;

9) interbank loans (interbank financing), interbank guarantees, interbank guarantees, as well as other interbank transactions.

Operations provided for in the sub-paragraphs 1), 2), 3), 7), 8) and 9) of the first part of this paragraph, are carried out by a bank with a basic banking license only with residents of the Republic of Kazakhstan.

4. An Islamic bank, as well as a bank with a universal banking license that carries out Islamic banking operations, is entitled, if it has an appropriate banking license, to carry out the following types of Islamic banking operations:

1) opening and maintaining bank accounts of individuals and legal entities;

2) acceptance of Islamic bank deposits:

acceptance of interest-free demand deposits from individuals and legal entities;

acceptance of investment deposits of individuals and legal entities;

3) bank loan operations: provision of loans in cash on terms of urgency, repayment and without remuneration (except for interbank loans);

4) bank financing of individuals and legal entities as a trade intermediary by providing a commercial loan:

without a condition for the subsequent sale of the product to a third party;

on the terms of the subsequent sale of the product to a third party;

5) bank financing of production and trading activities through participation in the capital of legal entities and (or) on partnership terms;

6) banking investment activity on the terms of leasing (lease);

7) agency activities in the implementation of Islamic banking transactions.

An Islamic bank, if provided for by its charter and banking license, has the right to carry out certain types of banking and other operations provided for in the sub-paragraphs 3), 4), 5), 6), 7), 9), 10), 11), 12), 13) and 14) of the first part of paragraph 2 and by sub-items 2), 3), 4), 5), 6), 7) and 9) of the first part of paragraph 3 of this Article, in compliance with the principles established by Article 35 of this Law.

5. A bank with a universal banking license, in addition to banking and other operations provided for in part one of paragraph 2 and part one of paragraph 3 of this Article, as well as Islamic banking operations provided for in part one of paragraph 4 of this Article, as well as an Islamic bank, in addition to Islamic banking and other operations provided for in paragraph 4 of this Article, may if the relevant license of the authorized body is available, carry out the following types of activities on the securities market:

1) brokerage activities;

2) dealer activity;

3) custodial activity;

4) transfer agency activities.

A bank with a basic banking license, in addition to banking and other operations provided for in paragraphs 2 and 3 of this article, may, subject to a corresponding license from the authorized body, carry out the following types of activities on the securities market:

1) brokerage activities;

2) dealer activity.

A bank with a universal banking license, a bank with a basic banking license, and an Islamic bank carry out dealer and brokerage activities in the securities market with financial instruments, the list and procedure for the acquisition of which are determined by regulatory legal acts of the authorized body.

A bank with a universal banking license, a bank with a basic banking license, and an Islamic bank carry out dealer activities on the securities market subject to the restrictions established by Article 23 of this Law.

6. A branch of a non–resident bank of the Republic of Kazakhstan may, subject to appropriate licenses from the authorized body, carry out banking and other operations provided for in part one of paragraph 2 and part one of paragraph 3 of this Article, Islamic banking operations provided for in part one of paragraph 4 of this Article, as well as activities on the securities market provided for in part one of paragraph 5 of this Article. articles.

A branch of a non–resident Islamic bank of the Republic of Kazakhstan, if it has the appropriate licenses from the authorized body, is entitled to carry out:

1) Islamic banking operations provided for in the first part of paragraph 4 of this Article;

2) certain types of banking and other operations provided for in sub-paragraphs 3), 4), 5), 6), 7), 9), 10), 11), 12), 13) and 14) the first part of paragraph 2 and sub-paragraphs 2), 3), 4), 5), 6), 7) and 9) of the first part of paragraph 3 of this Article, as well as activities on the securities market provided for in the first part of paragraph 5 of this Article, if this is provided for by the regulations on the branch, and in compliance with the principles of Islamic banking operations established by Article 35 of this Law.

7. Banking operations provided for in subparagraph 2) The first part of paragraph 2 of this Article may be carried out only by a bank, a branch of a non–resident bank of the Republic of Kazakhstan that are participants in the mandatory deposit guarantee system, as well as organizations engaged in certain types of banking operations specified in subparagraphs 1), 3), 6) and 7) of the second paragraph of paragraph 8 of this Article.

In addition to the requirement provided for in part one of this paragraph, a condition for a branch of a non–resident bank of the Republic of Kazakhstan to carry out banking operations provided for in subparagraph 2) The first part of paragraph 2 of this article is the acceptance of a deposit from an individual in the amount equivalent to at least one hundred and twenty thousand US dollars.

For banks providing loans to private business entities, participation in the system of guaranteeing the obligations of private business entities is mandatory.

8. One or more types of banking operations provided for in the first part of paragraph 2 of this Article may be carried out by an organization engaged in certain types of banking operations, subject to an appropriate license from the authorized body or the National Bank of the Republic of Kazakhstan, except in cases where this Law and (or) the law of the Republic of Kazakhstan regulating the activities of such an organization provides the possibility of performing these banking operations without a license.

On the basis of the relevant license of the authorized body:

1) The national Postal Operator is authorized to carry out banking operations provided for in subparagraph 2) the first part of paragraph 2 of this article;

2) the operational center of the interbank money transfer system is authorized to carry out banking operations provided for in subparagraph 5) of the first part of paragraph 2 of this Article.;

3) the central securities depository is authorized to carry out banking operations provided for in subitems 1) and 2) of the first part of paragraph 2 of this Article, with the exception of accepting deposits, subitems 3) and 5) of the first part of paragraph 2 of this Article, as well as subitem 7) of the first part of paragraph 2 of this Article, with the exception of exchange operations with foreign cash by currency;

4) the stock exchange is authorized to carry out banking operations provided for in subparagraph 1) of the first part of paragraph 2 of this Article, with the exception of accepting deposits, by subitems 3) and 5) of the first part of paragraph 2 of this article, as well as by subitem 7) of the first part of paragraph 2 of this Article, with the exception of exchange transactions with foreign currency in cash;

5) a clearing organization performing the functions of a central counterparty is authorized to carry out banking operations provided for in subparagraph 1) of the first part of paragraph 2 of this Article, with the exception of accepting deposits, subitems 3) and 5) of the first part of paragraph 2 of this Article, as well as subitem 7) of the first part of paragraph 2 of this Article, with the exception of exchange transactions with foreign currency in cash;

6) the broker is authorized to carry out banking operations provided for in subitems 1) and 2) of the first part of paragraph 2 of this Article, with the exception of accepting deposits, subitems 5) and 8) of the first part of paragraph 2 of this Article, as well as subitem 7) of the first part of paragraph 2 of this Article, with the exception of exchange operations with foreign currency in cash;

7) the dealer is authorized to carry out banking operations provided for in subitems 1) and 2) of the first part of paragraph 2 of this Article, except for accepting deposits, subitems 5) and 8) of the first part of paragraph 2 of this Article, as well as subitem 7) of the first part of paragraph 2 of this Article, except for exchange operations with foreign currency in cash;

8) the mortgage organization is authorized to carry out banking operations provided for in subparagraph 8) of the first paragraph of paragraph 2 of this Article;

9) an organization providing loans to subjects of the agro-industrial complex, one hundred percent of the voting shares of which are directly or indirectly owned by the national managing holding, is authorized to carry out banking operations provided for in subparagraph 8) of the first paragraph of paragraph 2 of this Article.

Based on the relevant license of the National Bank of the Republic of Kazakhstan:

1) a legal entity whose exclusive activity is the collection of banknotes, coins and valuables is authorized to carry out banking operations provided for in subparagraph 12) of the first paragraph of paragraph 2 of this Article.

Legal entities whose exclusive activity is the collection of banknotes, coins and valuables are prohibited from engaging in other types of activities (other operations), with the exception of activities related to the recalculation, sorting, packaging, transportation, storage of banknotes, coins and valuables, as well as their issuance to banks and their clients on behalf of banks;

2) a legal entity operating exclusively through exchange offices is authorized to carry out banking operations provided for in subparagraph 7) of the first paragraph of paragraph 2 of this Article with foreign currency in cash.

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

President

Republic of Kazakhstan

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