Article 83. Suspension or revocation of the banking license of the Law on Banks and Banking Activities in the Republic Kazakhstan

Home / Laws / Article 83. Suspension or revocation of the banking license of the Law on Banks and Banking Activities in the Republic Kazakhstan

1. The authorized body has the right to make a decision on suspending or depriving a bank or a branch of a non–resident bank of the Republic of Kazakhstan of a banking license to carry out all or certain types of operations, regardless of the supervisory response measures previously applied to them for any of the following reasons:

1) establishing the unreliability of the data (information) on the basis of which the banking license was issued;

2) non–compliance with the requirements of paragraphs 3, 4, 5 and (or) 20 of Article 19 of this Law in the course of the bank's activities, a branch of a non-resident bank of the Republic of Kazakhstan;

3) systematic (three or more times within twelve consecutive calendar months) violation of the legislation of the Republic of Kazakhstan on matters within the competence of the authorized body or the National Bank of the Republic of Kazakhstan, or systematic (three or more times within twelve consecutive calendar months) failure to comply with the supervisory response measures applied by the authorized body;

4) non-compliance with the requirements for disclosure of the rules on the general terms and conditions of banking activities established by paragraph 4 of Article 52 of this Law;

5) violation of the prohibition established by Article 50 of this Law on granting preferential terms to persons connected with a bank or a branch of a non–resident bank of the Republic of Kazakhstan by special relations;

6) non-compliance of the risk management and internal control system with the requirements of the authorized body;

7) carrying out banking activities beyond the limits of the legal capacity established by this Law and (or) the bank's charter, the regulations on the branch of a non–resident bank of the Republic of Kazakhstan and (or) a banking license;

8) carrying out investment or other entrepreneurial activities not provided for by this Law;

9) failure to carry out activities in accordance with the banking license for twelve consecutive calendar months;

10) the court's decision to terminate the activities of the bank, a branch of a non–resident bank of the Republic of Kazakhstan;

11) failure by a bank holding company, a major participant in the bank, to comply with the requirements of the authorized body to increase the bank's equity capital, as well as the requirements set out in accordance with paragraph 2 of Article 81 of this Law;

12) suspension or revocation by a financial supervisory authority or a court of the state in which a non–resident bank of the Republic of Kazakhstan is a resident of the license (permit) of a non–resident bank of the Republic of Kazakhstan to carry out all or certain types of operations similar in essence to the types of operations carried out by a branch of a non–resident bank of the Republic of Kazakhstan on the territory of the Republic of Kazakhstan;

13) adoption by the court of the state in which the non–resident bank of the Republic of Kazakhstan is a resident of the decision on the compulsory liquidation (termination of activity) of the non–resident bank of the Republic of Kazakhstan;

14) in the cases provided for in subparagraph 2) paragraph 1 of Article 99 of this Law;

15) non-compliance with the requirements stipulated in subitems 1) and (or) 2) of the first part of paragraph 3 of Article 6 of this Law.

2. For the purposes of this article, a banking license is also understood to mean a license for certain types of banking operations and (or) an appendix to the specified license.

The National Bank of the Republic of Kazakhstan may decide to suspend or revoke the banking license of a legal entity whose exclusive activity is the collection of banknotes, coins and valuables, and a legal entity operating exclusively through exchange offices, regardless of the supervisory response measures previously applied to them for any of the following reasons:

1) establishing the unreliability of the information on the basis of which the banking license was issued;

2) non-compliance in the course of the activities of a legal entity whose exclusive activity is the collection of banknotes, coins and valuables, and a legal entity operating exclusively through exchange offices, with the requirements of Article 45 of this Law and Article 9-4 of the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations";

3) systematic (three or more times within twelve consecutive calendar months) violation of the legislation of the Republic of Kazakhstan on matters within the competence of the National Bank of the Republic of Kazakhstan, or systematic (three or more times within twelve consecutive calendar months) failure to comply with the supervisory response measures applied by the National Bank of the Republic of Kazakhstan;

4) failure by a legal entity operating exclusively through exchange offices, a legal entity whose exclusive activity is the collection of banknotes, coins and valuables, during twelve consecutive calendar months of activity in accordance with a banking license;

5) non-compliance of a legal entity operating exclusively through exchange offices, a legal entity whose exclusive activity is the collection of banknotes, coins and valuables, with the qualification requirements for the activity of carrying out exchange operations with foreign currency in cash exclusively through exchange offices and the collection of banknotes, coins and valuables;

6) preventing a legal entity operating exclusively through exchange offices, a legal entity whose exclusive activity is the collection of banknotes, coins and valuables, from carrying out control and supervision by the National Bank of the Republic of Kazakhstan.

3. A bank, a branch of a non–resident bank of the Republic of Kazakhstan (with the exception of an Islamic bank, a branch of an Islamic non–resident bank of the Republic of Kazakhstan) that are not participants in the mandatory deposit guarantee system, are deprived of a banking license to accept deposits, open and maintain bank accounts of individuals.

4. When determining the expediency of suspending or revoking a banking license for all or certain types of transactions, the following factors are taken into account::

1) the level of risk, the nature of violations and (or) deficiencies and their consequences;

2) the scale and significance of the violations and (or) deficiencies and their consequences;

3) the systematic nature and duration of violations and (or) deficiencies;

4) the impact of violations and (or) deficiencies on the financial condition;

5) the reasons that led to the occurrence of the identified violations and (or) deficiencies;

6) the bank takes independent measures aimed at eliminating deficiencies, risks or violations identified in its activities;

7) the possibility of applying settlement instruments to the bank.

5. The decision to suspend or revoke a bank or a branch of a non–resident bank of the Republic of Kazakhstan from a banking license for all or certain types of operations shall enter into force from the date of its adoption by the authorized body.

The validity of a banking license for all or certain types of operations is considered suspended from the date of notification of such a decision to the bank, a branch of a non–resident bank of the Republic of Kazakhstan.

6. Information on the decision taken to suspend or revoke a bank or a branch of a non–resident bank of the Republic of Kazakhstan from a banking license to carry out all or certain types of operations is posted on the Internet resource of the authorized body, the National Bank of the Republic of Kazakhstan within their competence in Kazakh and Russian.

7. The decision of the authorized body to revoke the bank's banking license to carry out all types of operations may be appealed on behalf of the bank only by its shareholders in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

A bank deprived of a banking license to carry out all types of operations is not entitled to carry out banking and (or) other business activities, except in the cases specified in subparagraph 1) paragraph 1 of Article 84 of this Law.

8. The decision of the authorized body to revoke a branch of a non–resident bank of the Republic of Kazakhstan from a banking license for all types of operations may be appealed on behalf of a branch of a non–resident bank of the Republic of Kazakhstan only by a non–resident bank of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

A branch of a non–resident bank of the Republic of Kazakhstan, deprived of a banking license to carry out all types of operations, is not entitled to carry out banking and (or) other business activities in the territory of the Republic of Kazakhstan, except for the cases established by paragraph 1 of Article 84 of this Law.

9. The termination of a banking license for all types of operations is carried out on the grounds provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications", when granting permission to a bank for voluntary liquidation, permission to a branch of a non–resident bank of the Republic of Kazakhstan for voluntary termination of activities.

10. The provisions of paragraph 1 of this article, applicable to banks, apply to organizations engaged in certain types of banking operations, with the exception of legal entities whose exclusive activity is the collection of banknotes, coins and valuables, and legal entities operating exclusively through exchange offices.

The provisions provided for in paragraphs 3, 5, 6, 7 and 9 of this article apply to all organizations engaged in certain types of banking operations.

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

President

Republic of Kazakhstan

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