Article 84. Consequences of the deprivation of a banking license to carry out all types of operations of the Law on Banks and Banking Activities in the Republic Kazakhstan

Home / Laws / Article 84. Consequences of the deprivation of a banking license to carry out all types of operations of the Law on Banks and Banking Activities in the Republic Kazakhstan

1. From the date of revocation of the bank's banking license for all types of operations:

1) all transactions on the bank accounts of customers and the bank itself are terminated, except in cases related to:

expenses stipulated by the regulatory legal acts of the authorized body;

by crediting incoming funds to the bank;

refund of money received and received in favor of persons whose bank accounts are closed, as well as money received and received according to erroneous instructions;

execution of instructions on money transfers received by the bank after the bank has been deprived of its banking license, provided that the person who gives such instructions and the person in whose favor the transfer is being made have no debts to the bank or the repayment of existing debts to the bank by these persons.;

2) the founders (participants) and the bank's bodies are not entitled to dispose of the bank's property;

3) senior employees and, if necessary, other employees of the bank are subject to dismissal from their work duties, dismissal or early termination of their powers in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

4) creditors' claims against the bank may be filed only in liquidation proceedings, with the exception of claims related to current expenses for the maintenance of the bank.;

5) it is not allowed to recover money from the bank's bank accounts based on the claims of creditors, state revenue authorities, including those subject to satisfaction in an undisputed (non-acceptance) manner, as well as foreclosure on the bank's property.;

6) the shareholders of the bank are prohibited from alienating their shares of the bank;

7) the execution of the decisions of the courts in respect of the bank is suspended;

8) obligations to repay the principal debt, remuneration and penalties (fines, penalties) are fulfilled by the debtors of the bank in accordance with concluded bank loan agreements and other types of transactions;

9) the obligations of the bank, which is a clearing participant, for transactions with financial instruments concluded in the trading systems of the organizers of trades using the open trading method and (or) with the participation of a central counterparty, are fulfilled by the clearing organization (central counterparty), including through the full use by the clearing organization (central counterparty) of financial instruments that are full or partial provision of obligations under transactions for which clearing activities are carried out by margin contributions, contributions to the guarantee funds of the clearing organization (central counterparty) in accordance with the procedure established by the regulatory legal act of the authorized body and the internal documents of this clearing organization (central counterparty);

10) all transactions made on behalf of and at the expense of the bank by its shareholders, bank authorities, bank executives or other persons, with the exception of the interim administration appointed after the bank is deprived of its banking license to carry out all types of operations, shall be declared invalid.

2. After the bank is deprived of its banking license to carry out all types of operations, the authorized body appoints a temporary administration in the bank.

The powers of the bank's previously operating bodies are suspended.

The interim administration is appointed after the bank is deprived of its banking license to carry out all types of operations by an authorized body from among its employees and (or) representatives of an organization providing mandatory deposit guarantees, and (or) other persons who meet the minimum requirements established by Article 9-4 of the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Institutions." organizations".

3. The interim administration, appointed after the bank is deprived of its banking license to carry out all types of operations, has the right:

1) independently make decisions on all issues of the bank's activities;

2) sign any contracts and documents on behalf of the bank, file claims on behalf of and in the interests of the bank;

3) issue orders, including orders for dismissal, demotion or temporary suspension from office, to determine the duties of the bank's employees;

4) to set off homogeneous counterclaims, with the exception of offsetting claims that have arisen against the bank from the assignment agreement (claims);

5) to carry out actions aimed at ensuring the safety of the bank's property.

4. The interim administration, appointed after the bank is deprived of its banking license to carry out all types of operations, may not:

1) to carry out expenditure operations, except for the cases provided for in paragraph 1 of this Article;

2) to change the terms of contracts previously concluded by the bank, with the exception of making changes by agreement of the parties that do not worsen the financial situation of the bank.

5. The authorized body, within ten working days from the date of revocation of the bank's banking license to carry out all types of operations, applies to the court with an application for compulsory liquidation of the bank in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

6. The interim administration, appointed after the bank is deprived of a banking license to carry out all types of operations, for transactions made by the bank within three years prior to the date of the bank's deprivation of a banking license, has the right to apply, including at the request of creditors, to the court with an application for invalidation of transactions if there are grounds for invalidity of transactions provided for by the Civil Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and (or) paragraph 2 of Article 122 of this Law.

The provisions of paragraphs 3, 4, 5 and 6 of Article 122 of this Law shall apply to the recognition of transactions as invalid under this paragraph.

7. The procedure for the appointment and activities of the interim administration appointed after the bank is deprived of a banking license to carry out all types of operations, as well as the list, forms, terms and procedure for the provision of reports and other information to the authorized body by the interim administration appointed after the bank is deprived of a banking license to carry out all types of operations, are determined by regulatory legal acts of the authorized body.

Expenses related to the activities of the interim administration appointed after the bank is deprived of a banking license to carry out all types of operations are covered by money and (or) other property of the bank deprived of a banking license.

8. The interim administration, appointed after the bank is deprived of its banking license to carry out all types of operations, shall carry out its activities in accordance with this article until the appointment of the bank's liquidation commission by the authorized body.

The interim administration, appointed after the bank is deprived of its banking license to carry out all types of operations, resigns its powers and transfers the bank's documents and property to the chairman of the bank's liquidation commission within a period not exceeding one month from the date of appointment of the bank's liquidation commission.

Acceptance and transfer of documents and property of the bank from the interim administration, appointed after the bank is deprived of a banking license to carry out all types of operations, to the chairman of the liquidation commission is executed by an act, which is drawn up in four copies, one copy of which is sent to the authorized body, the other to the court that made the decision on compulsory liquidation of the bank.

9. The provisions of Article 103 of this Law are applied for the purposes of the authorized body's control over the activities of the interim administration appointed after the bank is deprived of a banking license to carry out all types of operations.

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

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases