Article 93. Instruments for the regulation of the Law on Banks and Banking Activities in the Republic Kazakhstan

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1. Any of the following settlement instruments may be applied to a bank in settlement mode:

1) forced sale of shares of a bank in settlement mode to a new investor;

2) forced restructuring of the obligations of a bank in settlement mode;

3) an operation for the simultaneous transfer of all or part of the assets and liabilities of a bank in settlement mode to another bank (other banks);

4) the establishment of a stabilization bank and the transfer to it of all or part of the assets and liabilities of the bank in the settlement regime.

The settlement instrument provided for in subparagraph 2) the first part of this paragraph may be applied to a bank in settlement mode, subject to one of the following conditions::

the application to such a bank of the settlement instruments provided for in subparagraph 1) and (or) subparagraph 3), and (or) subparagraph 4) of the first part of this paragraph;

repurchase by the Government of the Republic of Kazakhstan or the national managing holding of shares of a systemically significant bank in accordance with the procedure specified in paragraph 11 of Article 94 of this Law.

The settlement of a systemically important bank is carried out with the specifics established by Article 94 of this Law.

2. The bank's settlement instruments and measures for their application are implemented without obtaining the consent of shareholders, depositors, other creditors, customers, debtors of the bank in settlement mode, as well as other interested parties.

3. For the purposes of applying settlement instruments and (or) confirming compliance with the principle established by subparagraph 2) According to paragraph 2 of Article 92 of this Law, the authorized body has the right to assess the assets and liabilities of a bank that is in settlement mode, including with the involvement of appraisers, auditing and (or) other specialized organizations.

The expenses of the authorized body related to carrying out the specified assessment are paid (reimbursed) at the expense of the bank, which is in the settlement mode.

4. The procedure for applying the bank's settlement instruments is determined by a regulatory legal act of the authorized body and includes:

1) the procedure for the forced sale of shares of a bank in settlement mode to a new investor;

2) the procedure for the compulsory restructuring of the obligations of a bank in settlement mode;

3) the procedure for the simultaneous transfer of assets and liabilities of a bank in settlement mode to another bank (other banks);

4) the procedure for the establishment and licensing of the stabilization bank, the minimum size and procedure for the formation of its authorized and equity capital, the procedure for registration of the issue of declared shares and cancellation of declared shares of the stabilization bank, the procedure for the management of the stabilization bank, as well as the procedure for transactions by the stabilization bank, in respect of which special conditions are established;

5) the procedure and conditions for the transfer of assets and liabilities of a bank in settlement mode to a stabilization bank, as well as the transfer of assets and liabilities by a stabilization bank to another bank determined by the authorized body;

6) assessment criteria for determining depositors and (or) other creditors of the bank whose actual losses as a result of the application of the settlement regime to the bank exceeded the losses they would have incurred in the event of forced liquidation of the bank without the application of the settlement regime, as well as the requirements for the content of the report on such assessment.

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

President

Republic of Kazakhstan

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