Payment for services is made exclusively to the company's account. For your convenience, we have launched Kaspi RED 😎

Home / Changes / On amendments and additions to certain legislative acts of the Republic of Kazakhstan on regulation and development of the financial market, communications and bankruptcy

On amendments and additions to certain legislative acts of the Republic of Kazakhstan on regulation and development of the financial market, communications and bankruptcy

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

On amendments and additions to certain legislative acts of the Republic of Kazakhstan on regulation and development of the financial market, communications and bankruptcy

The Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII SAM

     Note from <url>!

     For the procedure for the enactment of this Law, see art. 2.

Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:

     1. To the Civil Code of the Republic of Kazakhstan (General Part) dated December 27, 1994:

     1) the first part of paragraph 3 of Article 3 shall be worded as follows:

     "3. Relations related to the establishment, reorganization, bankruptcy and liquidation of banks and grain receiving enterprises, control over banking activities and its audit, control over the activities of grain receiving enterprises, licensing of banking activities, regulation of banks, the occurrence of consequences of deprivation of a banking license, and operations with warehouse certificates of grain receiving enterprises are regulated by this Code to the extent that they do not contradict legislative acts regulating banking and the activities of grain receiving enterprises.";

     2) paragraph 1 of article 128-1:

     after the words "derivative financial instruments", add the words "digital financial assets";

     add the following part of the second part:  

     "A financial instrument may be issued in electronic and digital form in accordance with the provisions of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan".";

     3) add the words ", including in electronic and digital form" to the third part of paragraph 3 of Article 129.

     2. To the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999:

     1) in article 406:

 

      Paragraph 2 after the word "values" should be supplemented with the words "and digital financial assets";

     In paragraph 2-1, the words "by an Islamic bank in carrying out its banking activities" should be replaced by the words "in carrying out Islamic banking operations";

     2) paragraph 1-1 of Article 727 should be worded as follows:

     "1-1. Under a bank loan agreement concluded in the course of an Islamic banking operation, the loan of money is carried out on terms of urgency and repayment and without charging remuneration for the use of money.";

     3) add subparagraph 11) to the third part of paragraph 1 of Article 740 as follows:

     "11) for money and (or) securities of banks in the central depository and (or) clearing organization, intended to ensure the completion of settlements on interbank payments and (or) money transfers made on the territory of the Republic of Kazakhstan using payment cards.";

     4) add subparagraph 5-4) to the second part of Article 741 as follows:

     "5-4) for money and (or) securities of banks in the central depository and (or) clearing organization, intended to ensure the completion of settlements on interbank payments and (or) money transfers made on the territory of the Republic of Kazakhstan using payment cards;";

     5) the second part of Article 751 should be worded as follows:

     "The amount of remuneration for the use of money deposited in a current bank account may not exceed one percent per annum.";

     6) in paragraph 1 of Article 754 and Article 755, the words "instruction" and "instruction" should be replaced, respectively, with the words "instruction" and "instruction".;

     7) in paragraph 2-1 of Article 759, the words "measures to settle a bank classified as an insolvent bank" should be replaced by the words "settlement instruments";

     8) in paragraph 3 of Article 760, the words "measures to settle a bank classified as an insolvent bank" should be replaced by the words "settlement instruments";

     9) Subparagraph 2) of paragraph 7 of Article 765 should be worded as follows:

     "2) provided for by the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", for the period of the restoration of financial stability or settlement regime of the bank or in case of revocation of the bank's license.";

     10) paragraph 4-1 of Article 830 should be worded as follows:

     "4-1. Insurance secrecy may be disclosed to the Financial Ombudsman based on pending appeals from individuals and legal entities to resolve disputes arising from insurance contracts.";

     11) in article 839:

     In paragraph 7, replace the words "insurance Ombudsman for dispute resolution" with the words "financial Ombudsman for dispute resolution";

     in paragraph 8, replace the words "insurance ombudsman" with the words "financial ombudsman";

     12) paragraph 2 of Article 840 should be supplemented with the words ", as well as the requirements established by the Law of the Republic of Kazakhstan "On Insurance Activities";  

     13) in paragraph 2 of article 842:

     add the words ", as well as the insurance contract specified in Part three of this paragraph," to the second part after the words "By the Law of the Republic of Kazakhstan "On compulsory insurance of an employee against accidents in the performance of his labor (official) duties.";

     add the following part of the third:  

     "If an individual policyholder withdraws from an insurance contract related to a loan agreement within the period provided for in part two of this paragraph, the lender has the right to review the terms of the loan agreement in terms of the remuneration rate under this agreement and (or) the related commission. The amount of the remuneration rate (commission amount) under the loan agreement based on the results of the review may not exceed the remuneration rate (commission) in effect on the date of conclusion of such loan agreement without the terms of the insurance agreement.";

     Add the words "within five working days from the date of receipt of the application for termination of the insurance contract from the individual policyholder" to the third part after the words "the insurer is obliged".

     3. To the Land Code of the Republic of Kazakhstan dated June 20, 2003:

     In the first and third parts of paragraph 6 of Article 92, the words "paragraph 8 of article 61-4" should be replaced by the words "paragraph 2 of Article 132".

     4. To the Business Code of the Republic of Kazakhstan dated October 29, 2015:

     1) subparagraph 3) of the second part of paragraph 3 of Article 82, after the words "banking conglomerates," add the words "digital asset service providers, with the exception of digital asset service providers participating in the Astana International Financial Center,";

     2) paragraph 11 of Article 129 after the words "financial organizations," add the words "self-regulatory organizations in the field of microfinance activities, self-regulatory organizations in the field of collection activities,";

     3) add subparagraph 11-1) to Article 139 as follows:

     "11-1) for payment service providers, operators and operational centers of payment systems and in the field of legislation of the Republic of Kazakhstan on payments and payment systems;";

     4) paragraph 5 of Article 283-1 should be supplemented with subparagraph 15) as follows:  

     "15) activities related to the turnover (circulation) of digital financial assets.".

   5. To the Civil Procedure Code of the Republic of Kazakhstan dated October 31, 2015:

     1) Paragraph 1-1 of Article 27 shall be worded as follows:

     "1-1. Specialized inter-district economic courts also consider cases of debt restructuring, rehabilitation and bankruptcy of individual entrepreneurs and legal entities, as well as their liquidation without initiating bankruptcy proceedings.";

     2) paragraphs one and two of the second part of Article 155 should be worded as follows:

     "2. It is not allowed to take measures to secure a claim against a bank that is in settlement mode.

     It is not allowed to take measures to secure a claim regarding the suspension of a contested legal act adopted by the authorized body for regulation, control and supervision of the financial market and financial organizations or the National Bank of the Republic of Kazakhstan within its competence, to suspend and (or) revoke licenses and (or) appendices to them for carrying out activities in the financial market. the market, its written regulations, as well as the disputed legal act adopted by the authorized regulatory body, control and supervision of the financial market and financial organizations or the National Bank of the Republic of Kazakhstan, within its competence, on the application of supervisory response measures (except for advisory supervisory response measures), on the application to the bank, a branch of a non–resident bank of the Republic of Kazakhstan of enhanced supervision regimes, restoration of financial stability, on the application to the bank of the settlement regime and settlement instruments in in accordance with the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan".";

     3) in the first part of Article 156:

     the second paragraph of subparagraph 1) after the words "By the Law of the Republic of Kazakhstan "On the restoration of solvency and Bankruptcy of citizens of the Republic of Kazakhstan" should be supplemented with the words "for money and (or) securities of banks in the central depository and (or) clearing organizations intended to ensure the completion of settlements on interbank payments and (or) money transfers made on the territory of the Republic of Kazakhstan using payment cards";

 

      subparagraph 5) should be worded as follows:

     "5) suspension of the disputed legal act of a state body, local government body (with the exception of a legal act adopted by the authorized body for regulation, control and supervision of the financial market and financial organizations or the National Bank of the Republic of Kazakhstan within its competence, to suspend and (or) revoke licenses and (or) appendices thereto to carry out activities in the financial market, its written regulations, as well as a legal act adopted by the authorized regulatory body, control and supervision of the financial market and financial organizations or the National Bank of the Republic of Kazakhstan, within its competence, on the application of supervisory response measures (except for advisory supervisory response measures), on the application to the bank, a branch of a non–resident bank of the Republic of Kazakhstan of enhanced supervision regimes, restoration of financial stability, on the application to the bank of the settlement regime and settlement instruments in in accordance with the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan");";

     4) delete the third part of article 160;

     5) delete the second part of Article 240;

     6) delete subparagraph 6) of Article 243;

     7) delete subparagraph 9) of the first part of Article 302;

     8) Delete chapter 41.

     6. To the Administrative Procedural Code of the Republic of Kazakhstan dated June 29, 2020:

     1) in the second paragraph of the third part of Article 69:

     the words "and also" should be deleted;

     replace the words "registration of currency agreements, notification of accounts with foreign banks and registration of such accounts" with the words "assignment of accounting numbers to currency agreements, submission of information on accounts with foreign banks, international financial organizations and assignment of accounting numbers to them";

     2) Subparagraph 2) of Article 96 shall be worded as follows:

     "2) an administrative act adopted by the authorized body for regulation, control and supervision of the financial market and financial organizations or the National Bank of the Republic of Kazakhstan, within its competence, to exclude from the relevant registers and suspend and (or) revoke licenses and (or) applications to them for activities in the field of digital assets and financial market, its written regulations, and an administrative act adopted by the authorized regulatory body, control and supervision of the financial market and financial organizations or the National Bank of the Republic of Kazakhstan, within its competence, on the application of limited impact measures and supervisory response measures (except for advisory supervisory response measures), on application to the bank, the bank's branch – non-residents of the Republic of Kazakhstan of enhanced supervision regimes, restoration of financial stability, on the application of a settlement regime and settlement instruments to the bank, as well as administrative acts of state audit and financial control bodies related to the identified facts of misuse and unjustified use of budgetary funds, before making an appropriate decision;".

     7. To the Social Code of the Republic of Kazakhstan dated April 20, 2023:

     1) Subparagraph 123-1) of Article 1 shall be worded as follows:

     "123-1) impeccable business reputation – professionalism and integrity of a person, confirmed, among other things, by the absence of facts:

     the commission by the specified person of illegal actions (inaction) that led to insolvency, which led to the compulsory liquidation of a financial institution, or to the application of a settlement regime to the bank;

     the person's outstanding or outstanding criminal record, including the absence of a judicial act that has entered into legal force on the application of criminal punishment to a person in the form of deprivation of the right to hold the position of a senior employee of a financial institution, banking and (or) insurance holdings and to be a major participant (major shareholder) of a financial institution for life;  

     having relations with third parties (control and influence of third parties), whose actions contributed to the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, based on information from the authorized financial monitoring body;";

     2) in subparagraph 2) of paragraph 5 of Article 40, the words "time limits established" should be replaced by the words "time limit established".;

     3) subparagraph 10) of paragraph 4 of Article 52, after the words "related", add the words "with investments in alternative instruments,";

     4) in subparagraph 5) of paragraph 4 of Article 55, the words "payments or in connection with their performance" should be replaced by the words "payments, as well as in connection with the exercise of supervisory functions or";

     5) add the following third part to article 59::

     "The Unified Accumulative Pension Fund and the voluntary accumulative pension fund, when appointing employees to the position of head of risk management, head of the internal audit department, and chief compliance controller, independently verify their compliance with the requirements established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations specified in part two of this article..";

     6) Article 63 should be worded as follows:

     "Article 63. Senior employees of the unified accumulative pension fund, voluntary accumulative pension fund

     1. Senior employees of the unified accumulative pension fund and the voluntary accumulative pension fund are recognized as:

     1) the head and members of the management body;

     2) the head and members of the executive body;

     3) Chief Accountant and Deputy Chief Accountant;

     4) other persons who coordinate and (or) control the activities of one or more structural divisions of the unified accumulative pension fund, voluntary accumulative pension fund and have the right to sign documents submitted to the authorized body for regulation, control and supervision of the financial market and financial organizations in accordance with the regulatory legal acts of the authorized regulatory body, control and supervision of the financial market and financial organizations;

     5) other persons recognized as senior employees of the unified accumulative pension fund, voluntary accumulative pension fund using a reasoned judgment of the authorized body for regulation, control and supervision of the financial market and financial organizations.

     The first managers, chief accountants, and deputy chief accountants of separate divisions of the unified accumulative pension fund and the voluntary accumulative pension fund are not senior employees of the unified accumulative pension fund or the voluntary accumulative pension fund.

     2. The requirements for senior managers of the unified accumulative pension fund, voluntary accumulative pension fund, as well as the procedure for their approval are 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 Organizations.";

     7) Paragraph 5 of Article 256 should be worded as follows:

"5. In case of non-repayment of arrears on social contributions, mandatory pension contributions, mandatory pension contributions from the employer, mandatory professional pension contributions, lists of participants in the compulsory social insurance system in whose favor arrears on social contributions are collected, or individuals in whose favor arrears on mandatory pension contributions, mandatory pension contributions from the employer, mandatory professional pension contributions are collected, are submitted to the state revenue authority that sent the notification, by the payer or agent within fifteen working days from the date of delivery of the notification to him.".

     8. To the Budget Code of the Republic of Kazakhstan dated March 15, 2025:

     1) add article 17-1 to Chapter 4 as follows:

     "Article 17-1. Features of government involvement in the settlement of a systemically important bank

     1. The Government of the Republic of Kazakhstan has the right to participate in the settlement of systemically important banks in accordance with the banking legislation of the Republic of Kazakhstan by:

     1) implementation of state investment projects aimed at settlement of systemically important banks by acquiring shares of a systemically important bank in settlement mode, or shares of a stabilization bank to which assets and liabilities of a systemically important bank in settlement mode are transferred (hereinafter referred to as a state investment project aimed at settlement of a systemically important bank);

     2) providing a state guarantee of the Republic of Kazakhstan on loans for the settlement of a systemically significant bank as security for the fulfillment of obligations under a loan of last resort of a systemically significant bank or a stabilization bank to which the assets and liabilities of a systemically significant bank will be transferred.

     2. A state investment project aimed at the settlement of a systemically significant bank is implemented on the basis of a decision of the Government of the Republic of Kazakhstan on the acquisition by the Government of the Republic of Kazakhstan or the national managing holding of shares of a systemically significant bank in settlement mode, or shares of a stabilization bank to which assets and liabilities of a systemically significant bank in settlement mode will be transferred, in in cases stipulated by the banking legislation of the Republic of Kazakhstan.

     When implementing a state investment project aimed at regulating a systemically important bank, the following requirements are met::

     1) providing full information by the authorized body for regulation, control and supervision of the financial market and financial organizations on the measures taken by it before making a decision on applying the settlement regime to a systemically important bank;

     2) shares of a systemically important bank or a stabilization bank, to which the assets and liabilities of a systemically important bank that is in settlement mode will be transferred, are acquired by the Government of the Republic of Kazakhstan or the national management holding company at the expense of the republican budget and (or) other public funds.;  

     3) if the Government of the Republic of Kazakhstan or the national managing holding company alienates shares of a systemically important bank or shares of a stabilization bank to which the assets and liabilities of a systemically important bank were transferred, the funds received must be transferred to the republican budget.

     It is not allowed for the Government of the Republic of Kazakhstan, the national managing holding company, to alienate shares of a systemically significant bank or a stabilization bank to which the assets and liabilities of a systemically significant bank have been transferred at a cost lower than their acquisition, taking into account the inflation targets set by the National Bank of the Republic of Kazakhstan for the period preceding the year of alienation of these shares, except in cases where the loss Losses incurred as a result of the alienation of such shares are subject to compensation in accordance with the procedure established by the Legislation of the Russian Federation., established by Article 100 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan".

     The procedure for implementing state investment projects aimed at regulating a systemically important bank, as well as monitoring the implementation of such state investment projects, are determined by the authorized body for regulation, control and supervision of the financial market and financial organizations jointly with the National Bank of the Republic of Kazakhstan in coordination with the central authorized body for budgetary policy, the central authorized body for budget planning and the central authorized body for the budget execution authority.

     3. The state loan guarantee for the settlement of a systemically significant bank is the obligation of the Government of the Republic of Kazakhstan to the National Bank of the Republic of Kazakhstan to fully repay the debt on the loan of the last instance of a systemically significant bank or a stabilization bank to which the assets and liabilities of a systemically significant bank will be transferred.

     The provision of a state loan guarantee for the settlement of a systemically important bank is carried out on the basis of a resolution of the Government of the Republic of Kazakhstan by the central authorized body for budget execution.

     4. The provisions and requirements of Chapter 28 of this Code do not apply to a systemically significant bank in settlement mode and a stabilization bank to which assets and liabilities of a systemically significant bank in settlement mode are transferred, applying for a state guarantee for the settlement of a systemically significant bank.

     The provisions and requirements of Chapter 29 of this Code do not apply to government investment projects aimed at acquiring shares of a systemically significant bank in settlement mode and shares of a stabilization bank to which assets and liabilities of a systemically significant bank in settlement mode are transferred.";

     2) paragraphs 6 and 7 of Article 71 should be worded as follows:

     "6. The repayment and servicing volumes of loans are projected and included in the draft budget in accordance with Chapter 28 of this Code, with the exception of the cases provided for in Article 17-1 of this Code.

     7. State investment projects are planned and included in the draft budget in accordance with Chapter 29 of this Code, with the exception of the cases provided for in Article 17-1 of this Code.";

     3) the eleventh paragraph of paragraph 4 of Article 86 should be worded as follows:

     "the limit on the provision of state guarantees of the Republic of Kazakhstan, except for the cases provided for in Article 17-1 of this Code;".

     9. To the Law of the Republic of Kazakhstan dated March 30, 1995 "On the National Bank of the Republic of Kazakhstan":

     1) in article 8:

     add subparagraph 3-3) to read as follows:

     "3-3) is the sole issuer of the digital tenge;";

 

      subparagraph 10) should be worded as follows:

     "10) provides asset management in foreign currency, precious metals and digital assets;";

 

      subparagraph 20) add the following fourth paragraph:

     "for dealer activity in the digital asset market – operations for the exchange, purchase and (or) sale of unsecured digital assets to operators of the exchange of unsecured digital assets, whose exclusive activity is the implementation of exchange operations with unsecured digital assets;";

     in subparagraph 24-2), the words "currency, and" should be replaced by the words "currency, digital asset service providers, with the exception of digital asset service providers participating in the Astana International Financial Center, issuers of digital financial assets provided for in subparagraph 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", as well as participants of the special regulatory regime of the National Bank of Kazakhstan, operating in the field of digital assets,";

     add subparagraph 24-4) to read as follows:

     "24-4) applies a risk-based approach in the framework of control and supervision of the activities of digital asset service providers, with the exception of digital asset service providers participating in the Astana International Financial Center;";

     in subparagraph 38-4), the words "develops and" should be deleted;

     Add sub-paragraphs 38-5), 38-6), 38-7) and 38-8) to read as follows:

     "38-5) carries out state regulation, control and supervision of the activities of operators of the exchange of unsecured digital assets, operators of the digital financial asset platform, operators of the digital asset trading platform, organizations for storing the underlying asset of a digital financial asset;

     38-6) approves regulatory legal acts that are mandatory for the exchange of unsecured digital assets, operators of the digital financial assets platform, operators of the digital assets trading platform, organizations for storing the underlying asset of a digital financial asset and issuers of digital financial assets provided for in subparagraph 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan";

     38-7) defines the procedure for conducting transactions for the purchase, sale and (or) exchange of unsecured digital assets by the operator of the exchange of unsecured digital assets;

     38-8) performs registration of operators of the digital financial assets platform, operators of the digital assets trading platform, and payment organizations;";

     2) in paragraph 2 of article 15:

 

      Sub-paragraphs 9) and 17) should be worded as follows:

     "9) management of assets in foreign currency, precious metals and digital assets, as well as their transfer to external management;";

9. To the Law of the Republic of Kazakhstan dated March 30, 1995 "On the National Bank of the Republic of Kazakhstan":

     1) in article 8:

     add subparagraph 3-3) to read as follows:

     "3-3) is the sole issuer of the digital tenge;";

 

      subparagraph 10) should be worded as follows:

     "10) provides asset management in foreign currency, precious metals and digital assets;";

 

      subparagraph 20) add the following fourth paragraph:

     "for dealer activity in the digital asset market – operations for the exchange, purchase and (or) sale of unsecured digital assets to operators of the exchange of unsecured digital assets, whose exclusive activity is the implementation of exchange operations with unsecured digital assets;";

     in subparagraph 24-2), the words "currency, and" should be replaced by the words "currency, digital asset service providers, with the exception of digital asset service providers participating in the Astana International Financial Center, issuers of digital financial assets provided for in subparagraph 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", as well as participants of the special regulatory regime of the National Bank of Kazakhstan, operating in the field of digital assets,";

     add subparagraph 24-4) to read as follows:

     "24-4) applies a risk-based approach in the framework of control and supervision of the activities of digital asset service providers, with the exception of digital asset service providers participating in the Astana International Financial Center;";

     in subparagraph 38-4), the words "develops and" should be deleted;

     Add sub-paragraphs 38-5), 38-6), 38-7) and 38-8) to read as follows:

     "38-5) carries out state regulation, control and supervision of the activities of operators of the exchange of unsecured digital assets, operators of the digital financial asset platform, operators of the digital asset trading platform, organizations for storing the underlying asset of a digital financial asset;

     38-6) approves regulatory legal acts that are mandatory for the exchange of unsecured digital assets, operators of the digital financial assets platform, operators of the digital assets trading platform, organizations for storing the underlying asset of a digital financial asset and issuers of digital financial assets provided for in subparagraph 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan";

     38-7) defines the procedure for conducting transactions for the purchase, sale and (or) exchange of unsecured digital assets by the operator of the exchange of unsecured digital assets;

     38-8) performs registration of operators of the digital financial assets platform, operators of the digital assets trading platform, and payment organizations;";

     2) in paragraph 2 of article 15:

 

      Sub-paragraphs 9) and 17) should be worded as follows:

     "9) management of assets in foreign currency, precious metals and digital assets, as well as their transfer to external management;";

      "17) licensing the activities of legal entities operating exclusively through exchange offices, legal entities whose exclusive activity is the collection of banknotes, coins and valuables, operators of the exchange of unsecured digital assets, as well as registration of payment organizations, operators of the digital financial assets platform and operators of the digital assets trading platform in the National Bank of Kazakhstan;";

     in subparagraph 23):  

     Replace the word "choice" with the words "as well as choice";

     add the words ", except for the subsidiary of the National Bank of Kazakhstan, which manages the assets of portfolios of alternative instruments transferred to it by the National Bank of Kazakhstan";

     Add sub-paragraphs 27-1), 27-2), 27-3) and 27-4) as follows:

     "27-1) carrying out the activities of operators of the digital financial asset platform, operators of the digital asset trading platform, organizations for storing the underlying asset of a digital financial asset and issuers of a digital financial asset in relation to digital financial assets provided for in subparagraph 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", and the procedure for their interaction;

     27-2) issuance, placement, turnover (circulation) and repayment of digital financial assets provided for in subparagraph 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", their use and settlement of transactions with them;

     27-3) implementation of the activities of operators of the exchange of unsecured digital assets;

     27-4) reporting by the operators of the exchange of unsecured digital assets;";

     3) Article 32 should be worded as follows:

     "Article 32. Reserve requirements

     In order to implement monetary policy, the National Bank of Kazakhstan sets standards for minimum reserve requirements applicable to:

     to banks;

     branches of non–resident banks of the Republic of Kazakhstan;

     organizations engaged in certain types of banking operations that have the right to accept deposits, open and maintain bank accounts of individuals and (or) legal entities and have access to the operations of the National Bank of Kazakhstan;

     To the national mail operator.

     The National Bank of Kazakhstan approves the rules on minimum reserve requirements, which determine:  

     the structure of obligations assumed to calculate minimum reserve requirements;

     the procedure for calculating minimum reserve requirements, meeting minimum reserve requirements, reserving and monitoring the implementation of minimum reserve requirements;

     the specifics of the minimum reserve requirements applied to the National Postal Operator. Such features are applied provided that one hundred percent of the shares of the National Postal Operator are directly or indirectly owned by the state.

     The change in the standards of minimum reserve requirements is put into effect no earlier than one month after the date of such a decision.

     In case of violation of the minimum reserve requirements, the persons specified in the first part of this Article shall bear the responsibility established by the laws of the Republic of Kazakhstan.

     Within ten calendar days from the date of appointment of the chairman of the liquidation commission, the National Bank of Kazakhstan returns the funds reserved from him to the liquidation commission of the person specified in part one of this article.";

     4) add article 47-2 to Chapter 7 as follows:

     "Article 47-2. Digital Tenge

     The digital tenge is the digital form of the national currency of the Republic of Kazakhstan and a legal tender.  

     Digital tenge of the National Bank of Kazakhstan are the unconditional obligations of the National Bank of Kazakhstan and are secured by all its assets.

     The issuance, organization of circulation and repayment of digital tenge in the territory of the Republic of Kazakhstan are carried out exclusively by the National Bank of Kazakhstan.

     The procedure for the circulation of digital tenge and its use is determined by the National Bank of Kazakhstan.";

     5) in the fourth part of Article 51-1:

     in the fourth paragraph, replace the words "settlement measures for an insolvent bank" with the words "settlement instruments";

     delete the fifth paragraph;

     6) in article 51-3:

     in the second part of paragraph 1:

     The first paragraph and subitem 1) should be worded as follows:

     "The National Bank of Kazakhstan has the right to provide a loan of last resort only on the following conditions:

     1) the borrower is a bank – a resident of the Republic of Kazakhstan who fulfills the requirements for minimum equity capital adequacy ratios and its size established by the authorized body for regulation, control and supervision of the financial market and financial organizations at the time of the bank's request for a loan of last resort, and is not recognized by the authorized body for regulation, control and supervision of the financial market and financial organizations based on the assessment results the viability of the bank as insolvent or potentially insolvent, with the exception of paragraph 5 of this article;";

     add subparagraph 1-1) as follows:

     "1-1) the bank that applied for a loan of last resort, based on information from the authorized body for regulation, control and supervision of the financial market and financial organizations, has no facts of issuance

..................................................

 

 

 

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  

 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 

 

Download document