Article 69. Banking secrecy of the Law on Banks and Banking Activities in the Republic Kazakhstan

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1. Banking secrecy includes information about clients and correspondents of banks, their transactions and relationships with banks related to obtaining banking services, including, without limitation, information about:

availability, owners and numbers of bank accounts and correspondents of banks;

the balances and movements of money in these accounts and the accounts of the bank itself;

restrictions on the listed accounts (decisions and (or) orders of state bodies on suspension of spending operations, arrests, bail);

transactions of clients and correspondents, and of the bank itself (except for the general terms and conditions of banking);

availability, owners, nature and value of the clients' property stored in safe deposit boxes, cabinets and premises of the bank;

obtaining loans by clients (except for the cases specified in this article);

conducting operations on payments and/or money transfers, including those performed without opening a bank account.

Information about loans issued and/or received by the liquidated bank prior to the commencement of the liquidation procedure is not considered a bank secret.

2. The Bank guarantees the secrecy of transactions and accounts of its clients and correspondents, as well as the secrecy of property stored in safe deposit boxes, cabinets and premises of banks, and other information constituting a banking secret in accordance with this article.

3. Officials, employees of banks, bank holding companies, and legal entities specified in subitems 1), 2), and 3) of paragraph 10 of this Article, and other persons who, by virtue of their official duties, have obtained access to information constituting a banking secret, shall bear criminal responsibility for their disclosure, except in the following cases: provided for by paragraphs 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 of this article.

4. Banking secrecy may be disclosed:

1) to the client of the bank;

2) to any third party on the basis of the consent of the account (property) holder provided to the bank in writing or by means of the identification means of the account (property) holder;

3) to other persons specified in this article, on the grounds and within the limits provided for in this article.

5. Banks provide (send) to the state revenue authorities:

1) solely for tax administration purposes:

notification of the opening or closing of bank accounts by a legal entity, its structural subdivision, an individual registered as an individual entrepreneur, a person engaged in private practice, a foreigner, a stateless person, or a change in the individual identification code of a bank account in the cases provided for by this Law, indicating the identification number of such persons no later than two working days following the day of their opening, closing, or modification;

information on assignment agreements concluded with collection agencies, in accordance with the form established by the state body responsible for ensuring tax revenues and other mandatory payments to the budget, in coordination with the authorized body;

upon request, information on loans granted to the individual being audited, including an indication of repayment amounts, including remuneration, in accordance with the tax legislation of the Republic of Kazakhstan;

2) information and documents required during the tax audit and horizontal monitoring;

3) an opinion on the receipt of foreign exchange earnings in the form and within the time limits established by the state body responsible for ensuring tax revenues and other mandatory payments to the budget, in coordination with the National Bank of the Republic of Kazakhstan;

4) information and documents on export or import operations subject to control in accordance with the currency legislation of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

5) upon request, information on the total amounts of payments for the calendar year credited to the current account through the use of a service payment terminal for certain categories of taxpayers – individual entrepreneurs or individuals engaged in private practice, legal entities.

The categories of taxpayers for which the information provided for in part one of this subparagraph is submitted, the form, procedure and timing of their submission are established by the state body responsible for ensuring tax revenues and other mandatory payments to the budget, in coordination with the National Bank of the Republic of Kazakhstan.;

6) information on the total amount of money received from other individuals to the bank account of an individual on which transactions with signs of income from entrepreneurial activities have been identified.

The criteria for classifying transactions conducted on bank accounts of an individual as transactions that have signs of income from entrepreneurial activity, the list and procedure for submitting information provided for in part one of this subparagraph, shall be established by the state body responsible for ensuring tax revenues and other mandatory payments to the budget, in coordination with the National Bank of the Republic of Kazakhstan.;

7) information on the availability of bank accounts and their numbers, on the remaining money in these accounts, on the availability, type and value of other property, including those placed on metal accounts or managed by non–resident individuals, legal entities – non-residents, legal entities whose beneficial owners are non-residents, in accordance with an international agreement on the exchange of information, in accordance with the procedure, terms and form established by the state body responsible for ensuring tax revenues and other mandatory payments to the budget, in coordination with the National Bank of the Republic of Kazakhstan;

8) information on the total amounts of payments and transfers for the quarter made in favor of and in the context of foreign companies operating through an online platform in the territory of the Republic of Kazakhstan, in accordance with the procedure, terms and form established by the state body responsible for ensuring tax revenues and other mandatory payments to the budget, as agreed with the National Bank of the Republic of Kazakhstan;

9) upon request, information on the availability and numbers of bank accounts, on the balances and movement of money in these accounts, other information related to an agreement concluded between an individual or legal entity and a bank providing for the provision of banking services, as well as information on the availability, type and value of other property, including those placed on metal accounts or managed by individuals and legal entities specified in the request of the state revenue authority of a foreign state sent in accordance with an international agreement of the Republic of Kazakhstan;

10) information on the availability of bank accounts and their numbers, on the balances and movement of money in these accounts, of persons registered with state revenue authorities as taxpayers engaged in electronic trade in goods, in accordance with the procedure and deadlines established by the state body responsible for ensuring tax receipts and other mandatory payments to the budget, in coordination with the National Bank of the Republic of Kazakhstan;

11) information and (or) documents in accordance with the rules for withdrawing cash from bank accounts by business entities, approved by a joint act of the National Bank of the Republic of Kazakhstan, the authorized body and the state body responsible for ensuring tax revenues and other mandatory payments to the budget.

6. Banks provide (direct):

1) to the authorized financial monitoring body information, information and documents in accordance with the Law of the Republic of Kazakhstan "On Countering the legalization (Laundering) of Proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass Destruction";

2) to the operator of the e-government payment gateway, government agencies and courts through the e-government payment gateway, information and information on payments and money transfers related to the payment of payments to the budget, the transfer of mandatory pension contributions, mandatory occupational pension contributions and social contributions, payment for public services, directly when banks make these payments and money transfers, as well as information on refunded payments and money transfers carried out by the central authorized body for budget execution;

3) to other banks, documents confirming the issuance of a bank loan, information necessary for conducting operations provided for in Articles 68, 94, 95, 97 and 98 of this Law;

4) at the request of the entity providing services in electronic form and the entity receiving services in electronic form, information in electronic form about:

the ownership of a bank account to the person indicated in the request and the availability of a pledge agreement for movable and immovable property – when providing public services in electronic form in accordance with the Law of the Republic of Kazakhstan "On Informatization";

the amount of money, the date of payment, the sender of money and the beneficiary – when individuals and legal entities make payments for services rendered in electronic form in accordance with the Law of the Republic of Kazakhstan "On Informatization";

5) information about the bank's information security incidents, including information about violations and failures in information systems, is sent to the authorized body.;

6) to the agent bank, the information necessary for the organization and implementation of syndicated financing in accordance with the Law of the Republic of Kazakhstan "On Project Financing and Securitization" (if the bank providing the information is a member of the syndicate of creditors);

7) to an organization specializing in improving the quality of credit portfolios of second-tier banks, as well as to a legal entity that performs an independent asset assessment, technical, financial and (or) legal audit, as well as provides other services, information necessary for an organization specializing in improving the quality of credit portfolios of second-tier banks to carry out its statutory activities;

8) to an organization specializing in improving the quality of loan portfolios of second-tier banks, in relation to a person who is a borrower, guarantor, surety, lessee or mortgagor of an organization specializing in improving the quality of loan portfolios of second-tier banks:

certificates on the availability and numbers of bank accounts, on the balances and movement of money in these accounts, and on bank operations (with the exception of the general terms and conditions of banking);

information about the availability, nature, and value of property stored in safe deposit boxes, cabinets, and bank premises.

The specified information is provided on the basis of a written request from an organization specializing in improving the quality of credit portfolios of second-tier banks, signed by the Chairman of the Management Board or his deputy, provided that copies of documents are provided confirming the acquisition by an organization specializing in improving the quality of credit portfolios of second-tier banks of the rights of claim for the loan specified in the request.

Copies of documents confirming the acquisition of loan claims by an organization specializing in improving the quality of second-tier banks' loan portfolios are marked "The copy is correct." The "Copy is correct" mark is indicated without quotation marks, is certified by the signature of an authorized person of an organization specializing in improving the quality of credit portfolios of second-tier banks, who is authorized to certify copies of documents, indicating his position, surname and initials, date of certification and is affixed with the seal of an organization specializing in improving the quality of credit portfolios of second-tier banks.;

9) to the joint-stock company "Kazakhstan Sustainability Fund", one hundred percent of the voting shares of which belong to the National Bank of the Republic of Kazakhstan, the information necessary for the implementation of Programs for refinancing residential mortgage loans (mortgage loans) and (or) improving the financial stability of the banking sector of the Republic of Kazakhstan, approved by the National Bank of the Republic of Kazakhstan;

10) information to the creditors of the bank whose obligations are subject to compulsory restructuring, as well as to other banks within the framework of the compulsory restructuring of the obligations of the bank in settlement mode;

11) to the credit bureau:

information on bank loan, leasing, factoring, forfeiting operations, bill accounting, as well as guarantees, guarantees, letters of credit issued by the bank in accordance with the laws of the Republic of Kazakhstan;

negative information about the subject of the credit history in terms of overdue debts over one hundred and eighty calendar days;

12) information to a resident bank holding company of the Republic of Kazakhstan for the purposes of calculating prudential standards by a banking conglomerate, as well as forming a risk management and internal control system for the banking conglomerate;

13) in electronic form, at the request of the notary, formed in electronic form with the consent of the bank's client, information on the availability and amount of money in the escrow account opened to the bank's client for making a transaction with real estate in non-cash form according to the notary's certification of the agreement on the alienation of real estate;

14) information, information and documents constituting a banking secret on persons included in the register, upon a written request from the authorized body for asset recovery, signed by the first head or a person acting as such, accompanied by an extract from the register formed in accordance with the Law of the Republic of Kazakhstan "On the Return of Illegally Acquired Assets to the State";

15) to the issuer of securities and the representative of the holders of securities, information on the bank loan agreement (issued loan), the rights (claims) under which are transferred as security for securities, including as part of a securitization transaction.

7. A bank in financial stability restoration or settlement mode, which is a participant in the mandatory deposit guarantee system, the interim administration for the management of the bank and the authorized body shall provide information, information and documents on the activities of such a bank, including information on its assets and liabilities, and organizations providing mandatory deposit guarantees, in order to perform the functions provided for by the legislation of the Republic of Kazakhstan on mandatory deposit guarantee.

A bank participating in the mandatory deposit guarantee system, the interim administration appointed after the bank is deprived of a banking license to carry out all types of operations, or the bank's liquidation commission provides information on deposits of individuals, as well as, if the creditor and debtor coincide in one person, information on its obligations to the organization providing mandatory deposit guarantee and the banks –agents to perform the functions stipulated by the legislation of the Republic of Kazakhstan on mandatory deposit guarantee.

8. The National Bank of the Republic of Kazakhstan carries out:

1) provision to the state revenue authority, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, of information and (or) documents on export or import operations subject to control in accordance with the currency legislation of the Republic of Kazakhstan;

2) provision to the state revenue body and the authorized body of information and information on withdrawal of cash from bank accounts by business entities in excess of the established limits in accordance with the rules for withdrawal of cash from bank accounts by business entities;

3) exchange of information, including information constituting a banking secret, with the authorized body;

4) provision of information obtained in accordance with international treaties of the Republic of Kazakhstan, agreements providing for the exchange of confidential information, to other state bodies of the Republic of Kazakhstan only with the consent of the party that provided such information to him;

5) provision of information containing banking secrecy to the organizations specified in subparagraph 38-2) of Article 8 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan", on the terms provided for in this article;

6) providing to the state revenue authority information received from authorized banks on payments and (or) money transfers from and to the Republic of Kazakhstan to an individual (individual), a legal entity (legal entity), as well as a structural subdivision (structural subdivision) of a legal entity for foreign exchange transactions in the amount of fifty thousand dollars or more The equivalent of USD spent through second-tier banks and organizations engaged in certain types of banking operations, on transactions (contracts), including non-commodity transactions;

7) submission to the state revenue authority of an opinion on the receipt of foreign exchange earnings;

8) submission to the state revenue authority of information on transactions recognized as non-resident income from sources in the Republic of Kazakhstan in accordance with subparagraph 39) of paragraph 1 of Article 679 of the Tax Code of the Republic of Kazakhstan;

9) submission to the Committee of the Astana International Financial Center for the Regulation of Financial Services of information on currency transactions conducted by authorized banks on behalf of participants of the Astana International Financial Center;

10) submission to the state revenue authority of information received from the Committee of the Astana International Financial Center for the Regulation of Financial Services on currency transactions conducted by participants of the Astana International Financial Center on the territory of the Astana International Financial Center.

9. The authorized body provides:

1) to the National Information Security Coordination Center information on information security incidents of the bank, including information on violations, failures in information systems, if there is a threat to the stability of the financial and (or) payment system of the Republic of Kazakhstan;

2) to the audit organization the information specified in the fifth part of paragraph 10 of Article 82 of this Law;

3) information containing banking secrecy to the organizations specified in paragraph 4 of Article 15 of the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations", under the conditions provided for in this article;

4) information received in accordance with international treaties of the Republic of Kazakhstan, agreements providing for the exchange of confidential information, to other state bodies of the Republic of Kazakhstan only with the consent of the party that provided him with such information;

5) information containing banking secrecy to the National Bank of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan as part of the consideration of the issue of state participation in the settlement regime of a systemically important bank.

10. Information constituting a banking secret is provided:

1) by the persons specified in paragraph 1 of Article 63 of this Law, in terms of information under a bank loan agreement to the persons specified in paragraph 1 of Article 63 of this Law, upon assignment (assignment) of rights (claims) under a bank loan agreement;

2) an organization specializing in improving the quality of loan portfolios of second-tier banks, a service company in terms of information on a loan, the rights (claims) for which were acquired or received in trust by this organization, a service company;

3) by the persons specified in paragraph 1 of Article 63 of this Law, in terms of information on a loan to a collection agency under an agreement, the subject of which is the provision of pre-trial debt collection and settlement services, as well as the collection of debt-related information concluded with this collection agency or a service company under the agreement trust management of rights (claims) in accordance with Article 63 of this Law;

4) by an official of a state body or a person performing managerial functions in an organization, in the form of supporting documents and materials when sending a criminal prosecution body a report on a criminal offense.;

5) to the credit bureau for bank loan operations in accordance with the laws of the Republic of Kazakhstan;

6) to credit bureaus regarding negative information about the subject of the credit history regarding overdue debts of over one hundred and eighty calendar days to persons entitled to receive information from the credit bureau in accordance with the laws of the Republic of Kazakhstan;

7) when exchanging data on payment transactions with signs of fraud, as well as on other payments and (or) transfers carried out in accordance with the procedure established by the regulatory legal act of the National Bank of the Republic of Kazakhstan, between the data exchange center for payment transactions with signs of fraud, financial organizations, payment organizations providing payment services provided for in paragraphs 8) and 9) paragraph 1 of Article 12 of the Law of the Republic of Kazakhstan "On Payments and Payment Systems", by mobile operators, criminal prosecution authorities, national security and law enforcement agencies, the National Bank of the Republic of Kazakhstan, the authorized body, the authorized body for financial monitoring, as well as other persons participating in the data exchange center for payment transactions with signs of fraud determined by the National Bank of the Republic of Kazakhstan;

8) microfinance organizations, credit partnerships and pawnshops to self-regulatory organizations in the field of microfinance activities in the course of self-regulatory organizations in the field of microfinance activities checking the activities of their members (participants);

9) collection agencies of a self-regulating organization in the field of collection activities in the course of self-regulatory organizations in the field of collection activities verifying the activities of their members (participants);

10) when exchanging information between the National Bank of the Republic of Kazakhstan, the authorized body and the organization providing mandatory deposit guarantee for the purpose of ensuring the functioning of the mandatory deposit guarantee system;

11) when providing information, information and documents in order to counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.

11. Certificates on the availability and numbers of bank accounts are issued to the bank, in relation to which the account holder(s) is a borrower, guarantor, surety, lessee or mortgagor, on the basis of a request from the bank, subject to the submission of documents confirming receipt of the loan, the list and procedure for the submission of which are established in the regulatory legal acts of the National Bank of the Republic of Kazakhstan.

The Bank may send requests and documents confirming receipt of the loan, on paper or in electronic form. Certificates on the availability and numbers of bank accounts of an individual are issued to the bank for accounts opened in the bank of an individual, including those related to business activities.

12. Certificates on the availability and numbers of bank accounts of a legal entity and (or) its structural subdivision, as well as current accounts of an individual registered as an individual entrepreneur or a person engaged in private practice, on the balances and movement of money in these accounts are issued:

1) bodies of inquiry and preliminary investigation in criminal cases pending before them on the basis of a written request, stamped and authorized by the prosecutor;

2) courts on cases pending before them on the basis of a court ruling, resolution, decision or verdict;

3) to the prosecutor on the material under his consideration on the basis of a resolution on the conduct of an inspection within his competence;

4) national security agencies and the State Security Service of the Republic of Kazakhstan with the approval of the prosecutor in order to prevent, uncover and suppress intelligence and (or) subversive actions;

5) state revenue authorities for the purposes of tax administration and customs control in respect of:

the audited legal entity and (or) its structural subdivision on issues related to taxation;

an individual being audited, including one who is registered as an individual entrepreneur or a person engaged in private practice, on issues related to taxation;

an individual who was removed from registration as an individual entrepreneur and ceased operations in a simplified manner for a period of time not exceeding the limitation period established by the tax legislation of the Republic of Kazakhstan;

a legal entity and (or) its structural subdivision, an individual registered as an individual entrepreneur or a person engaged in private practice, whose actual absence at their location has been confirmed in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan, and who has not submitted tax reports before the expiration of six months after the deadline established by the tax legislation of the Republic of Kazakhstan Her ideas;

a legal entity, an individual registered as an individual entrepreneur, or a person engaged in private practice who is at the stage of liquidation (termination of activity);

a legal entity or an individual registered as an individual entrepreneur included in the register of inactive taxpayers;

an individual who is registered as an individual entrepreneur, a legal entity that has a tax debt that has not been repaid within two months from the date of its occurrence, in the amount of more than 2,500 times the monthly calculation index effective on January 1 of the corresponding financial year.;

persons in respect of whom comparative control of electronic invoice statements is carried out.

The forms of information provided for in this subparagraph, with the exception of paragraph eight of this subparagraph, shall be established by the state body responsible for ensuring tax revenues and other mandatory payments to the budget, in coordination with the National Bank of the Republic of Kazakhstan.;

6) state bailiffs in the enforcement proceedings carried out by them on the basis of a resolution of the state bailiff, certified by the seal of the judicial authority and authorized by the prosecutor, only in terms of information on the availability and numbers of bank accounts of a legal entity and (or) its structural subdivision, on the availability of money in these accounts within the recoverable amount;

7) private bailiffs in their enforcement proceedings on the basis of a resolution of a private bailiff, certified with a personal seal and authorized by the prosecutor, or a copy thereof, certified with a personal seal, only in terms of information about the availability and numbers of bank accounts of a legal entity and (or) its structural subdivision, about the availability of money in these accounts within the limits of recoverable amount;

8) to the authorized body in the field of rehabilitation and bankruptcy in respect of a person for whom there is a court decision that has entered into force declaring him bankrupt and (or) a court decision on the application of a rehabilitation procedure, a court decision on the liquidation of the debtor without initiating bankruptcy proceedings for a period of three years prior to the initiation of the case, with the approval of the prosecutor;

9) to the territorial body of justice on the basis of a resolution formed in the state automated information system of enforcement proceedings, within the framework of simplified proceedings provided for by the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of Bailiffs", and certified by an electronic digital signature of the head of the territorial body of justice or his deputy;

10) state revenue authorities in relation to a legal entity whose activities are the organization and conduct of gambling and (or) betting.

13. Certificates on the availability and numbers of bank accounts of an individual, on the balances and movement of money in these accounts are issued to the state revenue authorities in respect of:

a person registered in accordance with the procedure established by law as a candidate for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan and Maslikhat, as well as members of local self-government bodies, and his spouse;

a person who is a candidate for a government position or for a position related to the performance of government or equivalent functions, and his/her spouse;

a person holding a public office during the period of his/her performance of his/her duties and his/her spouse during the same period;

a person released on parole from serving a sentence.

Information provided for in this paragraph, subparagraph 5) of paragraph 12, subparagraph 1) The first part of paragraph 14 of this article, are submitted on the basis of a request from the state revenue authority solely for tax administration purposes in the form established by the authorized state body responsible for ensuring tax revenues and other mandatory payments to the budget, in coordination with the National Bank of the Republic of Kazakhstan.

Information provided for in the fourth paragraph of subparagraph 1) of paragraph 5, subparagraph 2) The first parts of paragraph 14, paragraph 15 of this article, are submitted on the basis of a request from the state revenue authority solely for tax administration purposes in the form established by the authorized state body responsible for ensuring tax revenues and other mandatory payments to the budget, in coordination with the authorized body.

14. Banks provide the following information to the authorized state body responsible for ensuring tax revenues and other mandatory payments to the budget, based on its request:

1) the availability, numbers of bank accounts and the remaining money in these accounts of individuals who have an obligation to submit declarations of assets and liabilities, income and property;

2) on the movement of money in bank accounts for individuals who have an obligation to submit a declaration of income and property in connection with the acquisition of property worth more than 20,000 times the monthly calculation index established by the law on the republican budget and effective on December 31 of the reporting tax period during the calendar year;

3) loans granted to individuals who have an obligation to submit declarations of income and property, assets and liabilities, indicating the repayment amounts, including remuneration.

Information provided for in subparagraph 2) The first part of this paragraph shall be submitted at the request of the state revenue authority, indicating the grounds and period for the obligation to submit a declaration of income and property.

The request of the authorized state body responsible for ensuring tax receipts and other mandatory payments to the budget, provided for in part one of this paragraph, must be accompanied by a list of individuals who have an obligation to submit declarations on assets and liabilities, income and property.

15. Banking secrecy regarding the submission of information on the payment of remuneration by an individual on mortgage housing loans received for the purchase of housing in the Republic of Kazakhstan may be disclosed on the basis of a request from state revenue authorities. The demand of the state revenue authorities is made in case of the consent of the individual (account holder) to provide banks with information on the payment of interest on mortgage housing loans, indicated in the income and property declaration.

16. Information on the availability (opening), numbers of bank accounts and the remaining money in these accounts, as well as the availability, type and value of other property, including those placed in metal accounts or under management, are submitted by banks to the authorized state body responsible for ensuring tax revenues and other mandatory payments to the budget., in accordance with the tax legislation of the Republic of Kazakhstan in respect of:

1) individuals and legal entities that are non-residents of the Republic of Kazakhstan in accordance with the tax legislation of the Republic of Kazakhstan, as well as legal entities whose beneficial owners are non-residents of the Republic of Kazakhstan in accordance with the tax legislation of the Republic of Kazakhstan;

2) individuals and legal entities specified in the request of the state revenue authority of a foreign state sent in accordance with an international agreement of the Republic of Kazakhstan.

The procedure, terms and form of submission of the information specified in this paragraph shall be established by the authorized state body responsible for ensuring tax receipts and other mandatory payments to the budget, in coordination with the authorized body and the National Bank of the Republic of Kazakhstan.

17. Certificates on the availability and numbers of an individual's bank accounts, on the balances and movement of money in these accounts, as well as available information on the nature and value of his property stored in safe deposit boxes, cabinets and bank premises, are issued:

1) representatives of an individual on the basis of a notarized power of attorney;

2) bodies of inquiry and preliminary investigation in criminal cases under their jurisdiction in cases where money and other property of an individual held in accounts or stored in a bank may be seized, foreclosed on, or property confiscated on the basis of a written request signed by the person conducting the inquiry and preliminary investigation, certified by the seal of the body of inquiry or preliminary investigation, or the request in electronic form, certified by an electronic digital signature of the person, conducting an inquiry and preliminary investigation, with the approval of the prosecutor, imposed in writing or electronically;

3) courts in cases pending before them on the basis of a ruling, resolution, decision or verdict of a court in cases where money and other property of an individual held in accounts or stored in a bank may be seized, levied or property confiscation applied.;

4) to the prosecutor on the material under his consideration on the basis of a resolution on the conduct of an audit, submitted on paper or in the form of an electronic document, within the limits of his competence;

5) national security agencies and the State Security Service of the Republic of Kazakhstan with the approval of the prosecutor in order to prevent, uncover and suppress intelligence and (or) subversive actions;

6) state bailiffs in the enforcement proceedings carried out by them on the basis of a resolution of the state bailiff, certified by the seal of the judicial authority and authorized by the prosecutor, only in terms of information on the availability and numbers of bank accounts of an individual debtor, on the availability of money in these accounts within the recoverable amount, and in case of insufficient money – also on the movement There has been money in these accounts since the initiation of enforcement proceedings and the availability of safe deposit boxes.;

7) to private bailiffs in their enforcement proceedings on the basis of a resolution of a private bailiff, certified with a personal seal and authorized by the prosecutor, only in terms of information about the availability and numbers of bank accounts of an individual debtor, about the availability of money in these accounts within the recoverable amount, and in case of insufficient money – also about the movement of money on these accounts, since the initiation of enforcement proceedings, and the presence of safe deposit boxes;

8) to the territorial body of justice on the basis of a resolution formed in the state automated information system of enforcement proceedings, within the framework of simplified proceedings provided for by the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of bailiffs", and certified by an electronic digital signature of the head of the territorial body of justice or his deputy, only in terms of information on the availability of bank accounts of an individual faces – the debtor and their numbers, the availability of money in these accounts within the recoverable amount, and in case of insufficient money, also the movement of money in these accounts since the initiation of simplified proceedings and the availability of safe deposit boxes;

9) to the financial manager on the basis of a request for information on the availability and numbers of bank accounts of an individual against whom proceedings have been initiated for the application of a solvency restoration procedure or a judicial bankruptcy procedure, on the balance of money in these accounts, as well as on the movement of money in such accounts for a period of three years prior to the initiation of proceedings for the application of the procedure restoration of solvency or judicial bankruptcy proceedings on the basis of an order from a government agency, who provides leadership in the field of public administration for the restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan;

10) the state body responsible for the management of public administration for the restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan, based on a request for the submission of information on the availability and numbers of bank accounts and balances in respect of a citizen who has submitted an application for the application of procedures provided for by the Law of the Republic of Kazakhstan "On the Restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan". the amount of money in these accounts, as well as the movement of money in such accounts for a period of three years prior to submitting such a request.

18. Certificates on the availability and numbers of bank accounts, balances and movement of money on the client's bank accounts, provided for in paragraphs 12 and 17 of this Article, shall be submitted on paper or in electronic form within three business days from the date of receipt of the request from the authorized body, the National Bank of the Republic of Kazakhstan.

The certificate may be submitted in the form of an electronic document upon receipt of the bailiff's order authorized by the prosecutor in electronic form through the state automated information system of enforcement proceedings.

Certificates on the availability and numbers of bank accounts, on balances and movement of money on the client's bank accounts, presented on paper, are sent in the form of an extract on the movement of money on the client's bank accounts and contain information defined by the regulatory legal act of the National Bank of the Republic of Kazakhstan.

Certificates on the availability and numbers of bank accounts, on the balances and movement of money on the client's bank accounts are issued to the persons (authorities) specified in the sub-paragraphs 1), 2), 3), 6) and 7) paragraph 12, as well as sub-paragraphs 2), 3), 4), 6) and 7) paragraph 17 of this article, based on a request in hard copy or in electronic form.

The information provided for in this article is exchanged with the state revenue authorities via a telecommunications network, and in the event of a technical malfunction, the information is sent on paper.

19. Banking secrecy may be disclosed to the Financial Ombudsman based on the appeals of individuals and (or) small business entities under consideration related to the settlement of disputes arising in the provision of banking services.

20. Certificates on the availability and numbers of an individual's bank accounts and the remaining money on them, as well as available information on the availability, nature and value of his property stored in safe deposit boxes, cabinets and premises of the bank, in the event of the death of the owner are issued:

1) persons indicated by the owner of the account (property) in the testamentary disposition;

2) courts and notaries on inheritance cases pending in their proceedings on the basis of a ruling, court order or notary's request;

3) to foreign consular institutions on inheritance cases under their jurisdiction;

4) heirs.

21. Certificates on the availability and numbers of bank accounts of an individual, including those registered as an individual entrepreneur or a person engaged in private practice, on the balances and movement of money in these accounts opened to subjects of legalization for money legalization in accordance with the Law of the Republic of Kazakhstan "On Amnesty of Citizens of the Republic of Kazakhstan, oralmans and persons who having a residence permit in the Republic of Kazakhstan, in connection with the legalization of their property", are submitted to the bodies of inquiry and preliminary investigation, bodies of state revenue with the approval of the Prosecutor General of the Republic of Kazakhstan or his deputies.

22. Requests, resolutions of state bodies or officials listed in paragraphs 12 and 17 of this article, with the exception of requests from state revenue bodies, on paper are subject to certification by the seal of the state body or official.

When submitting copies of requests, resolutions of government agencies or officials, the copies of these documents are marked "The copy is correct". The mark "The copy is correct" is indicated without quotation marks, is certified by the signature of the authorized person authorized to certify copies of documents, indicating his position, surname and initials, the date of certification and the seal of the state body or official.

23. Seizure and (or) confiscation of documents containing information constituting a banking secret or copies thereof are carried out on the basis of seizure orders authorized by a court in accordance with the norms of the Criminal Procedure Code of the Republic of Kazakhstan, or on the basis of a court ruling in accordance with the procedure established by the Civil Procedure Code of the Republic of Kazakhstan.

24. The requirements of this article applicable to banks apply to branches of non–resident banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations.

Item requirements 1, 2, 3, 4, 12, 18 and 23 of this Article apply to the State Treasury and the State Treasury bodies.

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 69. Voluntary liquidation of the Law on Banks and Banking Activities in the Republic of Kazakhstan

1. After the general meeting of shareholders of the bank decides on its voluntary liquidation, the bank is obliged to take measures to return deposits from individuals by paying them directly or transferring them to another bank or a branch of a non-resident bank of the Republic of Kazakhstan that are participants in the mandatory deposit guarantee system.

The transfer of deposits of individuals to a branch of a non-resident bank of the Republic of Kazakhstan is carried out in compliance with the conditions provided for in the second part of paragraph 13 of Article 30 of this Law.

The procedure for issuing permits for the voluntary liquidation of banks, as well as the procedure for returning deposits of individuals, transferring them to another bank or a branch of a non-resident bank of the Republic of Kazakhstan that are participants in the mandatory deposit guarantee system, are determined by a regulatory legal act of the authorized body.

1-1. After the repayment of deposits of individuals, the bank has the right to apply to the authorized body with a request for permission for its voluntary liquidation.

The application must be accompanied by a list of measures on the timing and stages of the bank's preparation for the termination of its activities, approved by the general meeting of shareholders, a balance sheet attesting to the sufficiency of the bank's funds to settle its obligations, and other necessary information. The list of necessary information is established by the regulatory legal acts of the authorized body.

2. An application for permission to voluntarily liquidate a bank must be considered by the authorized body within two months from the date of acceptance of the duly executed documents.

In case of refusal to grant permission for the voluntary liquidation of the bank, the authorized body makes a reasoned decision on this, which it informs the bank.

2-1. The refusal to grant permission for the voluntary liquidation of the bank is made by the authorized body on one of the following grounds:

1) incompleteness or improper execution of the submitted documents;

2) insufficient funds of the bank to settle its obligations;

3) failure to take measures to repay deposits of individuals by paying them directly or transferring them to another bank or a branch of a non-resident bank of the Republic of Kazakhstan that are participants in the mandatory deposit guarantee system.

3. Excluded by the Law of the Republic of Kazakhstan dated 10.07.2003 No. 483 (effective from 01.01.2004).

4. Upon receiving permission for voluntary liquidation, the bank creates a liquidation commission, taking into account the branches and representative offices of the bank, to which the authority to manage the bank's property and affairs is transferred.

The specifics of the activities of liquidation commissions of voluntarily liquidated banks are determined by regulatory legal acts of the authorized body.

4-1. The authorized body shall exercise control over the activities of the liquidation commission of a voluntarily liquidated bank.

5. After obtaining permission for voluntary liquidation, the bank is obliged to publish information about this in periodicals distributed throughout the Republic of Kazakhstan.

6. The Liquidation Commission is obliged to submit them to the Corporation and the authorized body within seven days after the approval of the liquidation balance sheet and the liquidation report of the bank.

Upon completion of the liquidation of the bank, the liquidation commission is obliged to hand over the documents for storage to the archive in accordance with the established procedure and notify the authorized body about this.

7. In case of insufficient funds to satisfy the claims of all creditors, the bank is subject to compulsory liquidation on the grounds of bankruptcy.

7-1. Due to the impossibility of completing the voluntary liquidation process, the authorized body has the right to apply to the court for the compulsory termination of the bank's activities (liquidation).

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

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