Article 81. Enforcement measures of the supervisory response of the Law on Banks and Banking Activities in the Republic Kazakhstan

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1. The authorized body applies compulsory supervisory response measures to persons who have the characteristics of a major participant in a bank or a bank holding company, as well as major participants in a bank, a bank holding company, and organizations that are part of a banking conglomerate, in the following cases::

1) provided for by paragraph 8 of Article 9 and paragraph 6 of Article 82 of this Law;

2) if the application of other supervisory response measures cannot ensure the protection of the legitimate interests of depositors, other creditors, clients and correspondents of the bank, the financial stability of the bank and (or) the banking conglomerate, minimization of risks associated with the activities of the bank, the bank holding company;

3) if the actions (inaction) of the bank holding company and (or) a major participant in the bank may lead to further deterioration of the financial position of the bank, the bank holding company.

2. In the presence of the cases provided for in paragraph 1 of this Article, the authorized body may:

1) require a person with the characteristics of a major participant, as well as a major participant in the bank, to reduce the share of its direct or indirect ownership to below ten percent of the voting shares;

2) require a person with the characteristics of a bank holding company, as well as a bank holding company, to reduce the share of its direct or indirect ownership to below twenty-five percent of the bank's voting shares and suspend operations between them and the bank that expose the bank to risk;

3) require the bank holding company, in respect of organizations in which the bank holding company is a shareholder (participant), as well as organizations that are part of a banking conglomerate, to suspend transactions between them that put the bank holding company or organizations that are part of a banking conglomerate at risk.;

4) require a person who has the characteristics of a bank holding company, as well as a bank holding company, to alienate their ownership interest or exclude signs of control over subsidiaries or organizations in which they have significant participation;

5) require organizations that are part of a banking conglomerate to suspend transactions between them and their affiliates that put organizations that are part of a banking conglomerate at risk.;

6) in order to increase the equity capital of the bank or banking conglomerate in an amount sufficient to ensure the financial stability of the bank or banking conglomerate, require the bank holding company, a major participant in the bank, to take measures for additional capitalization of the bank or banking conglomerate.

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

President

Republic of Kazakhstan

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