Article 52. The main requirements for the conditions of banking activity of the Law on Banks and Banking Activities in the Republic Kazakhstan

Home / Laws / Article 52. The main requirements for the conditions of banking activity of the Law on Banks and Banking Activities in the Republic Kazakhstan

1. When interacting with consumers of banking services, a bank or a branch of a non–resident bank of the Republic of Kazakhstan must comply with responsible business practices in the financial market, providing for a set of principles and actions aimed at ensuring honest, transparent and fair treatment of consumers of banking services, including in relation to:

1) Financial product management;

2) disclosure of information about banking services;

3) prevention of unfair practices at all stages of interaction with consumers of banking services;

4) taking responsibility for the activities of persons engaged in the commercial representation of the bank when interacting with consumers of banking services;

5) consideration of applications from consumers of banking services;

6) improving the level of financial literacy of clients through the development and implementation of appropriate measures.

The requirements for responsible business practices in the financial market are established by Chapter 2-4 of the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations".

2. A bank or a branch of a non–resident bank of the Republic of Kazakhstan carries out its activities in the presence of rules on the general conditions for banking and other operations, rules on the general conditions for Islamic banking and other operations (for a bank or branch of a non–resident bank of the Republic of Kazakhstan engaged in Islamic banking operations) (hereinafter referred to as the rules on the general conditions for banking activities).

3. The rules on the general terms and conditions of banking activities are approved by the Board of Directors of the bank, the governing body of a non–resident bank of the Republic of Kazakhstan with a branch in the territory of the Republic of Kazakhstan.

4. The rules on the general conditions of banking activity must comply with the requirements for the conditions of banking activity established by the regulatory legal act of the authorized body.

The requirements for the conditions of banking activities are established by:

1) a list of information that must contain the rules on the general terms and conditions of banking activities;

2) the procedure for disclosing information when providing banking services and advising clients, including disclosing information to clients about types of activities, financing (lending) which are prohibited by the Council on the Principles of Islamic Finance;

3) the procedure for concluding a bank loan agreement with an individual that is not related to business activities, including requirements for its content, design, mandatory conditions, a bank deposit agreement and a bank account agreement;

4) the procedure for responsible lending;

5) principles of good faith in the provision of banking services;

6) types and signs of unfair practices, as well as the procedure for their detection in the provision of banking services;

7) responsible business practices for debt collection when dealing with insolvent clients;

8) the procedure for considering applications from consumers of banking services arising in the process of providing banking services;

9) requirements for the development and implementation of measures aimed at improving the level of financial literacy of clients.;

10) a list of commissions and other payments to be collected when issuing and servicing a bank loan to an individual who is not related to business activities;

11) the amount of a consumer bank loan issued to an individual.

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 dealing with clients, including:

the procedure for providing services to persons with disabilities and low-mobility groups of the population, taking into account the requirements of the national standard for the accessibility of branches of financial organizations providing services to persons with disabilities and other low-mobility groups of the population;

the specifics of providing services to people with disabilities and people with limited mobility with the participation of a trusted person.

5. The Rules on the general Terms and Conditions of banking activities are open information and cannot be the subject of commercial or banking secrecy.

6. The Bank, which is an accredited certification center of the Republic of Kazakhstan, creates an electronic digital signature and issues an electronic digital signature certificate to its clients on the basis of their application, subject to the following conditions::

1) the client's consent to create an electronic digital signature key and issue an electronic digital signature certificate;

2) the client passes biometric authentication through the Identification Data Exchange Center of the National Bank of the Republic of Kazakhstan (hereinafter referred to as the Central Bank), the functioning of which is provided for by the Law of the Republic of Kazakhstan "On Payments and Payment Systems";

3) identification by means of a one-time (one-time) identification code.

If the client has not previously been identified in person at the bank or using biometric authentication through a data center, the bank creates an electronic digital signature of the client and issues an electronic digital signature certificate when the client passes biometric authentication through a data center.

The client's consent to create electronic digital signature keys and issue an electronic digital signature certificate, including those obtained in the client's personal presence at the bank, is stored in the Data Center with the possibility for the client to revoke previously issued consents.

The issuance, storage, revocation and expiration of electronic digital signature keys and certificates issued by banks are carried out in accordance with the regulatory legal act of the authorized body in the field of information security.

7. Biometric authentication of clients when establishing business relations remotely by opening a bank account is carried out through a data center.

The procedure for conducting biometric authentication through a data center when opening bank accounts, as well as the retention periods for biometric authentication results, are established by the National Bank of the Republic of Kazakhstan.

Biometric authentication through a data center is carried out based on the client's consent and using biometric data from the national biometric authentication system.

Banks and organizations engaged in certain types of banking operations are required to periodically update customer data in accordance with the requirements of legislation on countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction."

8. A bank or a branch of a non–resident bank of the Republic of Kazakhstan has the right to use artificial intelligence in carrying out its activities and (or) providing services for the purpose of risk assessment and management.

The bank and a branch of a non–resident bank of the Republic of Kazakhstan are responsible for decisions made using artificial intelligence.

9. A bank or a branch of a non–resident bank of the Republic of Kazakhstan shall make payments and money transfers on the territory of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

10. The requirements established by this article apply to organizations engaged in certain types of banking operations.

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

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