Comment to article 232. Failure to comply with the notification obligation, as well as late notification of the National Bank of the Republic of Kazakhstan on the opening or termination of branches and (or) representative offices of financial organizations The Code of the Republic of Kazakhstan on Administrative Offences
Failure to comply with the notification obligation, as well as late notification of the National Bank of the Republic of Kazakhstan on the opening or termination of branches and (or) representative offices of financial organizations -
they impose a fine on legal entities in the amount of one hundred monthly calculation indices.
The commented article establishes administrative liability for failure to comply with the notification obligation, as well as late notification of the National Bank of the Republic of Kazakhstan on the opening or termination of branches and (or) representative offices of financial organizations.
The generic object of the offense provided for in Article 232 of the Administrative Code is the procedure for conducting business in the field of finance.
The direct object of the administrative offenses provided for in the commented article is the state-protected procedure for notifying the authorized body of the opening and termination of branches and representative offices of financial organizations.
The subjects of the offense provided for in Article 232 of the Administrative Code, by virtue of the direct indication of this in the sanctions of the commented article, are legal entities – financial organizations.
The concept of financial organizations is defined in clauses 4) and 6) of Article 1 of the Law of the Republic of Kazakhstan dated July 4, 2003 No. 474-II "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations".
The subjective side of the act provided for in Article 232 of the Administrative Code is not subject to detection due to the fact that the subjects of the offense are only legal entities.
The objective side of the offense provided for in Article 232 of the Administrative Code is that the offender commits unlawful acts (inaction) in the form of:
1) failure of the National Bank of the Republic of Kazakhstan to notify about the opening or termination of branches and (or) representative offices of financial organizations; or
2) late notification of the National Bank of the Republic of Kazakhstan on the opening or termination of branches and (or) representative offices of financial organizations.
The requirement for financial organizations to notify the National Bank of the Republic of Kazakhstan within the prescribed time on the opening or termination of branches and (or) representative offices of financial organizations is established in legislative acts on the activities of relevant financial organizations.
The Bank is obliged to notify the authorized body in writing about their opening within thirty business days from the date of registration of its branch and representative office in the Corporation. The Bank must notify the authorized body in writing of the termination of its activities within thirty business days from the date of de-registration of its branch and/or representative office in the Corporation (the relevant state registration authority - upon termination of the branch or representative office outside the Republic of Kazakhstan).
An insurance (reinsurance) organization and an insurance broker must inform the authorized body about their opening within thirty working days from the date of registration of their branch and representative office in the Corporation. An insurance (reinsurance) organization or insurance broker must inform the authorized body in writing about the termination of their activities within thirty working days from the date of de-registration of their branch and/or representative office in the Corporation (the relevant state registration authority upon termination of the branch or representative office outside the Republic of Kazakhstan).
Failure to notify or untimely notification by a financial institution of the National Bank of the Republic of Kazakhstan of both the opening and termination (closure) of branches and (or) representative offices constitutes a complete offense provided for in the commented article.
The composition of the offense provided for in the commented article is formal. In order to calculate and impose a fine on an offender under the commented article, it is not necessary to establish the fact and amount of damage caused by the commission of an offense.
For committing an offense provided for in the commented article, a person is punished with a fine.
The amount of the fine for committing an offense under Article 232 of the Administrative Code is 100 MCI, is fixed and is not subject to change by the body imposing it.
This penalty is imposed on the offender by the National Bank of the Republic of Kazakhstan or the court, in case the case is considered in court.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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