Article 95. Forced sale of bank shares to a new investor of the Law on Banks and Banking Activities in the Republic Kazakhstan

Home / Laws / Article 95. Forced sale of bank shares to a new investor of the Law on Banks and Banking Activities in the Republic Kazakhstan

1. If the decision to apply the settlement regime to the bank provides for the forced sale of the bank's shares to a new investor, the interim administration for the management of the bank takes measures to find a new investor, as well as to negotiate and conclude a purchase and sale agreement with the new investor for the shares of the bank in the settlement regime.

The selection of a new investor is based on the following requirements:

1) offering the best share purchase price;

2) the new investor's commitment to additional capitalization of the bank to a level that ensures its financial stability and compliance with prudential standards and limits established by the authorized body, as well as macroprudential standards and (or) limits established by the National Bank of the Republic of Kazakhstan;

3) confirmation of the new investor's ability to ensure effective management, sustainable business model and further development of the bank.

2. The forced sale of shares of a bank in settlement mode to a new investor does not require the consent of the bank's shareholders.

The choice of a new investor, as well as the price of the forced sale of shares of a bank in settlement mode to a new investor, are determined by the interim administration for the management of the bank, taking into account the assessment of the viability of the bank and are subject to coordination with the authorized body.

The money received from the forced sale of shares of a bank in settlement mode must be transferred by the interim administration for the management of the bank in favor of the shareholders (former shareholders) whose shares were sold to a new investor.

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

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