Article 6. Differentiation of responsibilities of a bank, a branch of a non–resident bank of the Republic of Kazakhstan and the state. Independence of banks and branches of non–resident banks of the Republic of Kazakhstan Law on Banks and Banking Activities in the Republic Kazakhstan

Home / Laws / Article 6. Differentiation of responsibilities of a bank, a branch of a non–resident bank of the Republic of Kazakhstan and the state. Independence of banks and branches of non–resident banks of the Republic of Kazakhstan Law on Banks and Banking Activities in the Republic Kazakhstan

Article 6. Differentiation of responsibilities of a bank, a branch of a non–resident bank of the Republic of Kazakhstan and the state. Independence of banks and branches of non–resident banks of the Republic of Kazakhstan Law on Banks and Banking Activities in the Republic Kazakhstan

1. A bank or a branch of a non–resident bank of the Republic of Kazakhstan shall not be liable for the obligations of the State, just as the State shall not be liable for the obligations of a bank or a branch of a non–resident bank of the Republic of Kazakhstan, except in cases when the bank, a branch of a non–resident bank of the Republic of Kazakhstan and (or) the State assume such responsibility.

2. Interference in any form by state bodies and their officials in the activities of a bank or a branch of a non–resident bank of the Republic of Kazakhstan is prohibited, except in cases provided for by the laws of the Republic of Kazakhstan.

3. A bank that uses funds from the state budget, the National Fund of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan and (or) its subsidiaries to ensure (restore) financial stability and (or) improve its health, in the period from the date of the decision to provide these funds until the bank fully fulfills its obligations to return them.:

1) distributes profits, accrues dividends on common and (or) preferred shares, and also carries out the repurchase of its own shares subject to the conditions stipulated by the regulatory legal act of the authorized body;

2) is not entitled to establish and (or) acquire subsidiaries, have significant participation in the capital of the organization, as well as make other investments in legal entities and organizations that are not legal entities (hereinafter referred to as organizations) located (registered) outside the Republic of Kazakhstan.

A major participant in the bank, a bank holding company, has the right to reduce its share from the date of the decision to provide funds from the state budget, the National Fund of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan and (or) its subsidiaries to ensure (restore) financial stability and (or) improve the bank's health until the bank fully fulfills its obligations to return these funds. their direct and (or) indirect ownership and (or) use, and (or) disposal of the bank's shares, subject to the conditions, provided for by the regulatory legal act of the authorized body.

To obtain the status of a major participant and (or) a bank holding company of a bank, a person wishing to acquire a share of direct and (or) indirect ownership and (or) use and (or) disposal of shares of the bank, for ensuring (restoring) financial stability and (or) rehabilitation of which funds from the state budget, the National Fund of the Republic of Kazakhstan are used, the National Bank of the Republic of Kazakhstan and (or) its subsidiaries, ensures compliance with the terms of the regulatory legal act of the authorized body specified in part two of this paragraph.

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

President

Republic of Kazakhstan

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The Law of the Republic of Kazakhstan dated August 31, 1995 No. 2444. On banks and banking activities, with the introduction of the Law of the Republic of Kazakhstan dated January 16, 2026 No. 258-VIII, the SAM has lost its legal force.

Article 6. Prohibition of unauthorized activities of the Law on Banks and Banking Activities in the Republic of Kazakhstan

1. No person who does not have a corresponding license from the authorized body or the National Bank of the Republic of Kazakhstan has the right to:

1) perform banking operations as the main or

additional activities;

2) use the word "bank" or a word (expression) derived from it in its name, documents, advertisements and advertisements, giving the impression that it performs banking operations. This prohibition does not apply to the National Bank of the Republic of Kazakhstan, branches and representative offices of banks, organizations specified in paragraph 8 of Article 61-4 of this Law, international financial organizations.

2. Banking operations carried out without a license from an authorized body or the National Bank of the Republic of Kazakhstan are invalid, except for activities (operations) carried out by a state body, a National Postal Operator, organizations specified in paragraph 8 of Article 61-4 of this Law, as well as the Development Bank of Kazakhstan within the powers established by this Law and other laws. Of the Republic of Kazakhstan.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 05.07.2012 No. 30-V (effective after ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 27.04.2015 No. 311-V (effective from 01.01.2015); dated 24.11.2015 No. 419-V (effective from 01.01.2016); dated 29.03.2016 No. 479-V (effective after twenty-one calendar days after the date of its first official publication); dated 03.07.2019 No. 262-VI (effective from 01.01.2020).

The Law of the Republic of Kazakhstan dated August 31, 1995 No. 2444.

President

Republic of Kazakhstan