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Home / Laws / Article 88. Plan for restoring the financial stability of a bank, a branch of a non–resident bank of the Republic of Kazakhstan of the Law on Banks and Banking Activities in the Republic Kazakhstan

Article 88. Plan for restoring the financial stability of a bank, a branch of a non–resident bank of the Republic of Kazakhstan of the Law on Banks and Banking Activities in the Republic Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 88. Plan for restoring the financial stability of a bank, a branch of a non–resident bank of the Republic of Kazakhstan of the Law on Banks and Banking Activities in the Republic Kazakhstan

     1. The Bank must have a financial stability restoration plan in case the authorized body applies the financial stability restoration regime to it.

     The plan to restore the financial stability of the bank provides for:

     1) measures to restore the financial stability of the bank, undertaken by the bank, major participants of the bank, bank holding companies, sources of financing of these measures, including in the form of additional capitalization of the bank, the timing of their implementation;

     2) the consolidation of senior staff responsible for the implementation of measures to restore the financial stability of the bank.

     The plan for restoring the bank's financial stability is approved by the bank's management body and coordinated with the bank's major participants, bank holding companies.

     2. A branch of a non–resident bank of the Republic of Kazakhstan must have a financial stability restoration plan in case the authorized body applies the financial stability restoration regime to it.

     The plan to restore the financial stability of a branch of a non–resident bank of the Republic of Kazakhstan provides for:

     1) measures to restore the financial stability of a branch of a non–resident bank of the Republic of Kazakhstan, undertaken by a non–resident bank of the Republic of Kazakhstan, the sources of financing of these measures, including in the form of increasing the assets of a branch of a non–resident bank of the Republic of Kazakhstan, accepted as a reserve, the timing of their implementation;

     2) the consolidation of senior staff responsible for the implementation of measures to restore the financial stability of a branch of a non–resident bank of the Republic of Kazakhstan.

     The plan for restoring the financial stability of a branch of a non–resident bank of the Republic of Kazakhstan is approved by the management body of a non–resident bank of the Republic of Kazakhstan.  

     3. The financial stability restoration plan is subject to updating and is sent by the bank, a branch of a non–resident bank of the Republic of Kazakhstan to the authorized body to assess its effectiveness at least once a year, as well as in any of the following cases:

     changes in the composition of major bank participants and/or bank holding companies (applicable to the bank);

     changes in the types and (or) scale of banking activities carried out, which may have a significant impact on the financial stability of the bank, a branch of a non–resident bank of the Republic of Kazakhstan and (or) entail the need to make changes to the financial stability restoration plan for other reasons.

     The authorized body evaluates the effectiveness of the financial stability restoration plan.

     If there are comments and/or suggestions from the authorized body, the bank and a branch of a non–resident bank of the Republic of Kazakhstan are required to finalize a plan to restore financial stability.

     4. The financial stability restoration plan should not provide for the use of public funds to restore the financial stability of a bank or a branch of a non–resident bank of the Republic of Kazakhstan and may not provide for a period of implementation exceeding twelve months.

     The requirements for the content of the plan for restoring the financial stability of a bank, a branch of a non–resident bank of the Republic of Kazakhstan, and the procedure and deadlines for its submission to the authorized body are established by a regulatory legal act of the authorized body.  

 

 

 

 

 

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

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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