Joint Resolution No. 87 and No. 85 of 24 December 2024 Amending the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan


NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN		AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET
December 24, 2024 No. 87 Astana		December 24, 2024 No. 85 Almaty

JOINT RESOLUTION

On Amending the Joint Resolution of the Board of the National Bank of the Republic of Kazakhstan of May 5, 2020 No. 62 and the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market of May 5, 2020 No. 56 "On Approving the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan"

The Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market and the Board of the National Bank of the Republic of Kazakhstan RESOLVE:

Make the following amendment to the Joint Resolution of the Board of the National Bank of the Republic of Kazakhstan of May 5, 2020 No. 62 and the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market of May 5, 2020 No. 56 "On Approving the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan" (registered in the Registry of State Registration of Regulatory Legal Acts under No. 20593):

The Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan, approved by the aforementioned resolution, are to be redrafted in a new edition according to the Appendix to this Resolution.

The Department of Financial Organization Development of the National Bank of the Republic of Kazakhstan shall ensure, in the manner established by the legislation of the Republic of Kazakhstan:

jointly with the Legal Department of the National Bank of the Republic of Kazakhstan, the state registration of this Joint Resolution in the Ministry of Justice of the Republic of Kazakhstan;
publication of this Joint Resolution on the official website of the National Bank of the Republic of Kazakhstan after its official publication;
submission to the Legal Department of the National Bank of the Republic of Kazakhstan, within ten working days after the state registration of this Joint Resolution, information on the implementation of the measure provided for in sub-item 2) of this item.

Control over the implementation of this Joint Resolution[1] is entrusted to the Deputy Chairman of the National Bank of the Republic of Kazakhstan and the Deputy Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market responsible for the relevant areas.
This Joint Resolution enters into force upon the expiration of ten calendar days after the day of its first official publication.


Chairman of the National Bank of the Republic of Kazakhstan		Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market
T.M. Suleimenov		M.E. Ablykasymova
______		______

Copy is correct:

Chief Specialist-Secretary of the Board Z. Mukhambetova

Appendix

to the Joint Resolution

of the Board of the National Bank of the Republic of Kazakhstan

of December 24, 2024 No. 87

and the Board of the Agency of the Republic of Kazakhstan for

Regulation and Development of the Financial Market

of December 24, 2024 No. 85

Approved by the Joint Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market

of May 5, 2020 No. 56

and the Board of the National Bank of the Republic of Kazakhstan

of May 5, 2020 No. 62

Rules on Last Resort Loans Provided

by the National Bank of the Republic of Kazakhstan

Chapter 1. General Provisions

These Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan (hereinafter – the Rules) are developed in accordance with the Laws of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" (hereinafter – the Law on the National Bank), "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations" (hereinafter – the Law on State Regulation) and define the procedure for providing last resort loans (hereinafter – loan, loans) by the National Bank of the Republic of Kazakhstan (hereinafter – the National Bank) to second-tier banks (hereinafter – the bank).
The following terms are used in the Rules:
book debt – book debt under banking loan agreements concluded between the bank's borrowers and the bank (hereinafter – banking loan agreement), including the principal, accrued remuneration, discount (premiums), adjustments and provisions;
risk metrics of banking loans – parameters for calculating expected credit losses on financial instruments: probability of default (PD), loss given default (LGD), exposure at default (EAD), discount factor (Dt), according to the bank's internal methodology;
portfolio of homogeneous banking loans – a group of banking loans with similar credit risk characteristics;
discount – a percentage set by the National Bank in accordance with Article 51-3 of the Law on the National Bank, by which the value of the bank's assets pledged is reduced to mitigate risks associated with their possible depreciation, loss, as well as taking into account, if any, costs for the realization of the collateral, maintenance of the collateral, expenses for debt recovery by the bank, and other possible expenses related to the provided loan;
individual banking loans – loans provided by banks for which provisions (reserves) are calculated by the bank for each such loan;
collateral pre-positioning – a preliminary procedure for determining by the authorized regulatory, control and supervisory body for the financial market and financial organizations (hereinafter – the authorized body) non-market assets of the bank acceptable for acceptance by the National Bank as collateral in case of providing a loan to the bank;
list of non-market assets for acceptance as collateral – a list containing information on non-market assets located in the collateral pool and acceptable for acceptance by the National Bank as security for the bank's obligations under the loan;
collateral pool – a set of non-market assets that have undergone collateral pre-positioning;
funding plan – a bank document containing information on actual and forecasted inflows, including the amount of the planned loan to be received, and outflows of the bank's funds during the expected loan attraction period, demonstrating the bank's ability to repay the loan, optimize financial, investment and operational flows for the earliest recovery, and further ensure compliance with prudential standards;
market assets – highly liquid and low-risk debt securities;
non-market assets – rights (claims) under banking loan agreements;
idiosyncratic liquidity shock – mass demands from depositors and creditors, excluding demands from persons associated with the bank by special relations, leading to a liquidity deficit in the bank and caused by a loss of confidence in the bank's ability to meet the demands of depositors and creditors;
short-term liquidity deficit – a reduction in the volume of highly liquid assets to a level where prudential standards are violated and/or a threat of non-fulfillment of demands from depositors and creditors arises, associated with the occurrence of an idiosyncratic liquidity shock;
agreement on general terms of providing last resort loans – an agreement providing for general terms of collateral pre-positioning and loan provision that are uniform for all banks, concluded between the National Bank, the authorized body, and the bank;
regular AQR – annual assessment of the quality of assets and contingent (possible) liabilities of banks, carried out within the framework of risk-oriented supervision;
perimeter of regular AQR – a list of banks for conducting regular AQR, approved by the Financial Stability Council of the Republic of Kazakhstan.
The loan is provided by the National Bank to the bank in order to ensure the stability of the financial system of the Republic of Kazakhstan and prevent systemic risks.
The loan provided by the National Bank is used to cover the bank's short-term liquidity deficit and is not an instrument for maintaining its solvency.
The National Bank provides the loan to the bank in the manner and on the terms specified in Article 51-3 of the Law on the National Bank and the Rules.
The National Bank and the authorized body carry out the exchange of information, data, and documents necessary for the implementation of the loan provision mechanism in accordance with Article 51-3 of the Law on the National Bank and Item 5 of Article 9 of the Law on State Regulation in the manner and timeframes provided for by the Rules.
The provision of documents, information and/or data specified in the Rules is carried out in electronic format, except in cases requiring their provision on paper.

The exchange between the bank, the National Bank, and the authorized body of documents, information and/or data specified in the Rules is carried out in electronic format from the date of notification by the National Bank.

The bank is responsible for the accuracy of the documents, information and/or data specified in the Rules in accordance with the legislation of the Republic of Kazakhstan.

Chapter 2. Loan Provision Terms

The National Bank provides a loan to a bank experiencing a short-term liquidity deficit and meeting the following conditions in aggregate:
the bank is not classified into the category of banks with an unstable financial position creating a threat to the interests of its depositors and creditors and/or a threat to the stability of the financial system of the Republic of Kazakhstan, or the category of insolvent banks;
the bank meets the requirements for minimum values of capital adequacy ratios and their size, established by the Resolution of the Board of the National Bank of the Republic of Kazakhstan of September 13, 2017 No. 170 "On Establishing Normative Values and Calculation Methodologies for Prudential Standards and Other Mandatory Norms and Limits, Bank Capital Size and Rules for Calculation and Limits of Open Currency Position", registered in the Registry of State Registration of Regulatory Legal Acts under No. 15886, and the Resolution of the Board of the National Bank of the Republic of Kazakhstan of May 30, 2016 No. 144 "On Establishing Prudential Standards and Other Mandatory Norms and Limits for Islamic Banks, Their Normative Values and Calculation Methodologies for Prudential Standards and Other Mandatory Norms and Limits for Islamic Banks", registered in the Registry of State Registration of Regulatory Legal Acts under No. 13939 (hereinafter – minimum values of capital adequacy ratios and their size) as of the last reporting date and as of the date preceding the date of submission to the National Bank of the petition for loan provision;
the bank has no overdue debt to the National Bank;
the bank has joined the agreement on general terms of loan provision in accordance with Chapter 3 of the Rules.
The loan is provided in the national currency of the Republic of Kazakhstan – tenge, against collateral of the bank's assets specified in Item 12 of the Rules.
The loan is provided to the bank for a term from 14 (fourteen) to 90 (ninety) calendar days with the possibility of extension no more than 3 (three) times. The total term of loan usage, including all extensions, does not exceed 1 (one) year.
The National Bank accepts market assets and/or non-market assets belonging to the bank as security for the fulfillment of loan obligations.

The bank providing securities as collateral is not the issuer of such securities.

The list of market assets accepted as security for the fulfillment of loan obligations and the discounts to them are posted on the official website of the National Bank.

Non-market assets are accepted as security for the fulfillment of loan obligations if they meet the requirements for non-market assets according to Appendix 1 to the Rules (hereinafter – requirements for non-market assets), have undergone the collateral pre-positioning procedure in accordance with Chapters 4, 5, or 6 of the Rules, and are included in the collateral pool.

The loan is considered secured if the value of the bank's assets provided as collateral, taking into account the discount, exceeds the loan amount including remuneration in full throughout the entire loan term.
The loan amount is determined by the National Bank taking into account the requirements of Item 13 of the Rules.
The remuneration rate for the loan is fixed until the date of full repayment of the loan at the level of the National Bank's base rate in effect on the day of loan provision or extension, plus an additional interest remuneration of 2 (two) percentage points.

Accrual of remuneration for the loan is carried out from the date of loan provision by the National Bank to the bank until the date of full repayment (inclusive) of the loan. For the calculation of remuneration, 360 (three hundred sixty) calendar days in a year and 30 (thirty) calendar days in a month are taken, or the actual number of calendar days in a partial month.

The loan is provided by the National Bank by transferring funds to the correspondent account of the bank opened at the National Bank.

Chapter 3. Procedure for Joining the Agreement on General Terms of Loan Provision

The National Bank posts the agreement on general terms of providing last resort loans in the form according to Appendix 2 to the Rules on its official website (hereinafter – the general terms loan agreement).
The terms of the general terms loan agreement are accepted by the bank by joining the general terms loan agreement.
To join the general terms loan agreement, the bank submits a petition to join the agreement on general terms of providing last resort loans to the National Bank in the form according to Appendix 3 to the Rules (hereinafter – petition for joining). The petition for joining is signed by the bank's chief executive. The bank simultaneously notifies the authorized body in writing about the submission to the National Bank of the petition for joining, attaching a copy thereof.
By submitting the petition for joining, the bank confirms familiarity with, consent to, and acceptance of the terms of the general terms loan agreement.
The authorized body submits to the National Bank information on the bank's compliance with the requirements specified in sub-item 1) of Part 2 of Item 1 of Article 51-3 of the Law on the National Bank, as of the date of the petition for joining, within 3 (three) working days from the date of receipt of the notification of the petition for joining. Attached to the information from the authorized body submitted to the National Bank is also the notification of joining the agreement on general terms of providing last resort loans signed by the authorized body in the form according to Appendix 4 to the Rules (hereinafter – notification of joining) or the notification of refusal to join the agreement on general terms of providing last resort loans in the form according to Appendix 5 to the Rules (hereinafter – notification of refusal to join).

The National Bank checks the bank's compliance with minimum reserve requirements and the absence of overdue debt to the National Bank. Based on the consideration of the petition for joining, documents, information and/or data specified in this item, the National Bank sends to the bank the notification of joining signed by the authorized body and the National Bank, or the notification of refusal to join, within 5 (five) working days from the date of receipt by the National Bank of the authorized body's information on the bank specified in the first part of this item.

If, after the bank's joining to the general terms loan agreement, the bank is classified by the authorized body into the category of banks with an unstable financial position creating a threat to the interests of its depositors and creditors and/or a threat to the stability of the financial system of the Republic of Kazakhstan, or the category of insolvent banks, the National Bank, within 3 (three) working days from the date of receipt of the decision from the authorized body in accordance with Article 61-6 or 61-7 of the Law of the Republic of Kazakhstan "On Banks and Banking Activity in the Republic of Kazakhstan" (hereinafter – the Law on Banks and Banking Activity), terminates the bank's participation in the general terms loan agreement, sends to the bank a notification of termination of participation in the agreement on general terms of providing last resort loans in the form according to Appendix 6 to the Rules, and also notifies the authorized body of the termination of the bank's participation in the general terms loan agreement.
Termination of the bank's participation in the general terms loan agreement entails the exclusion by the authorized body of non-market assets that have undergone collateral pre-positioning from the collateral pool. The bank's obligations on the issued loan to the National Bank remain in full force, as do all rights of the National Bank as a creditor and pledgee.
The bank's participation in the general terms loan agreement is resumed by carrying out the measures specified in Items 19, 20, and 21 of the Rules.

Chapter 4. Procedure for Carrying Out Collateral Pre-positioning

Collateral pre-positioning is carried out to ensure and maintain the bank's constant readiness to receive a loan against non-market assets and includes the authorized body's verification of the compliance of the non-market assets presented by the bank with the requirements for non-market assets.
For collateral pre-positioning, the bank, which has entered the perimeter of the last completed regular AQR, submits to the authorized body a petition for collateral pre-positioning of the bank, which has entered the perimeter of the last completed regular AQR, in the form according to Appendix 7 to the Rules (hereinafter – petition for collateral pre-positioning of the bank in AQR, petition for collateral pre-positioning), signed by the bank's chief executive, information on the characteristics of non-market assets in the form according to Appendix 8 to the Rules (hereinafter – information on characteristics of non-market assets), and simultaneously notifies the National Bank about the submission to the authorized body of the petition for collateral pre-positioning of the bank in AQR, attaching copies of the relevant documents.

Collateral pre-positioning for banks that have entered the perimeter of the last completed regular AQR is carried out in accordance with Chapter 5 of the Rules.

For collateral pre-positioning, the bank, which has not entered the perimeter of the last completed regular AQR, submits to the authorized body a petition for collateral pre-positioning of the bank, which has not entered the perimeter of the last completed regular AQR, in the form according to Appendix 9 to the Rules (hereinafter – petition for collateral pre-positioning of the bank outside AQR, petition for collateral pre-positioning), signed by the bank's chief executive, information on the characteristics of non-market assets, risk metrics of banking loans, and simultaneously notifies the National Bank about the submission to the authorized body of the petition for collateral pre-positioning of the bank outside AQR, attaching copies of the relevant documents.

Collateral pre-positioning for banks that have not entered the perimeter of the last completed regular AQR is carried out in accordance with Chapter 6 of the Rules.

By submitting the petition for collateral pre-positioning, the bank confirms the accuracy of the documents, information and/or data provided, as well as the absence of:

restrictions and/or encumbrances, conditions prohibiting the bank from assigning to a third party or the National Bank, regarding the non-market assets specified in the information on characteristics of non-market assets attached to the petition for collateral pre-positioning;

disputes and obstacles to enforcement, grounds for declaring invalid the banking loan agreements, rights (claims) under which are specified in the information on characteristics of non-market assets attached to the petition for collateral pre-positioning;

information on the conduct of suspicious transactions in accordance with the Law of the Republic of Kazakhstan "On Countering the Legalization (Money Laundering) of Proceeds Obtained by Criminal Means and Financing of Terrorism" regarding the bank's borrowers under banking loan agreements, rights (claims) under which are specified in the information on characteristics of non-market assets attached to the petition for collateral pre-positioning.

In case of submission by the bank of an incomplete package of documents, information and/or data, in accordance with Chapters 4 and 6 of the Rules, the authorized body informs the bank of the missing documents, information and/or data and the need for their submission. The bank submits the missing or requested documents, information and/or data within 7 (seven) working days from the date of notification by the authorized body to the bank.

If the bank fails to submit the missing or requested documents, information and/or data within the timeframe specified in the first part of this item, the authorized body, on the next working day after the expiration of the timeframe for the bank to submit the missing or requested documents, information and/or data, refuses to consider the petition for collateral pre-positioning for assets for which documents, information and/or data are missing, and simultaneously notifies the National Bank thereof.

During collateral pre-positioning, for the assessment of non-market assets, the authorized body is allowed, if necessary, to involve subjects of valuation activity at the expense of the bank's funds.
Upon detection of facts of submission by the bank of unreliable, unconfirmed documents, information and/or data on a non-market asset, as well as in case of non-compliance of non-market assets with the requirements for non-market assets, the authorized body refuses to include this asset in the collateral pool and, within 5 (five) working days from the date of detection of such facts, sends to the bank a notification of refusal to include non-market assets in the collateral pool in the form according to Appendix 10 to the Rules (hereinafter – notification of refusal to include in the collateral pool).

If, during the consideration of the petition for collateral pre-positioning by the authorized body, 2 (two) or more cases of submission by the bank of unreliable, unconfirmed documents, information and/or data on non-market assets are identified, the authorized body refuses to consider the petition for collateral pre-positioning without consideration and simultaneously notifies the bank and the National Bank about the submission by the bank of unreliable, unconfirmed documents, information and/or data.

The bank is allowed to re-submit the petition for collateral pre-positioning after correcting the unreliable, unconfirmed documents, information and/or data and no earlier than 30 (thirty) calendar days after the authorized body sends the notification to the bank specified in the second part of this item.

Upon completion of the consideration of the application for pre-positioning of bank collateral, within the timeframes specified in paragraphs 37 and 42 of the Rules, the authorized body:

makes a decision on inclusion or refusal of inclusion in the collateral pool of non-market assets and fills in information on the characteristics of non-market assets provided for completion by the authorized body for assets in the collateral pool;
carries out an assessment of the level of provisions formed by the bank for non-market assets;
sends a notification to the bank on the inclusion of non-market assets in the collateral pool in the form according to Appendix 11 to the Rules (hereinafter – notification on inclusion of non-market assets in the collateral pool) and attaches a list of non-market assets included in the collateral pool and (or) a notification on refusal of inclusion in the collateral pool;
for non-market assets included in the collateral pool, sends a conclusion on the determination of non-market assets of the bank acceptable for acceptance by the National Bank as collateral for a loan to the National Bank.

The conclusion on the determination of non-market assets of the bank acceptable for acceptance as collateral, signed by the first head of the authorized body, contains:
a list of non-market assets included in the collateral pool;
information on the compliance of non-market assets included in the collateral pool with the requirements for non-market assets;
information on the characteristics of non-market assets provided for completion by the bank and the authorized body;
information on the level of provisions for assets based on the results of the pre-positioning of collateral in accordance with Chapters 5 and 6 of the Rules;
information on adjustments by the authorized body applied to risk metrics of bank loans included in the collateral pool, carried out in accordance with paragraph 40 of the Rules (in case such adjustment is carried out).
The conclusion on the determination of non-market assets of the bank acceptable for acceptance as collateral is used by the National Bank when forming collateral for a loan.

Chapter 5. Pre-positioning of collateral for banks included in the perimeter of the last completed regular AQR

Pre-positioning of collateral for banks included in the perimeter of the last completed regular AQR is carried out taking into account the results of this regular AQR.
The authorized body, when considering the application for pre-positioning of bank collateral in AQR, uses the results of the regular AQR to check the level of provisions formed by the bank for non-market assets.
The authorized body considers the application for pre-positioning of bank collateral in AQR, documents, information and (or) data within a period not exceeding 30 (thirty) calendar days from the date of submission of the application for pre-positioning of bank collateral in AQR.

Chapter 6. Pre-positioning of collateral for banks not included in the perimeter of the last completed regular AQR

The bank attaches to the application for pre-positioning of bank collateral outside AQR:
financial reporting (balance sheet, income statement, cash flow statement, statement of changes in equity) of legal entities-borrowers on individual bank loans as of the last reporting quarter, as well as for at least 3 (three) preceding calendar years (if available, annual audited financial reporting is submitted) in .pdf, .tiff or .jpg formats;
data on financial reporting of borrowers and information on collateral for individual bank loans, including information on co-borrowers and guarantors in electronic format in .xls or .xlsx formats as of the last reporting quarter for which the bank has borrower reporting, as well as for at least 3 (three) preceding calendar years;
information on risk metrics of bank loans, rights (claims) for which are indicated in the information on characteristics of non-market assets attached to the application for pre-positioning of collateral.

Submission of financial reporting and data on financial reporting specified in sub-paragraph 1) of the first part of this paragraph for the last calendar year preceding the date of submission of the application for pre-positioning of bank collateral outside AQR is permitted after the bank receives the borrower's financial reporting for the specified period.

Upon request of the authorized body, the bank submits the following documents, information and (or) data on non-market assets specified in the request of the authorized body:

documents confirming the rights (claims) of the bank under bank loan agreements, including the borrower's credit file and (or) loan, copies of collateral agreements concluded to secure bank loan agreements;
a property valuation report, by which the fulfillment of borrowers' obligations under bank loan agreements presented in a portfolio of homogeneous bank loans is secured, prepared in accordance with the legislation of the Republic of Kazakhstan on valuation activities for real estate objects, the market value of which, determined on the date of the last valuation by the appraiser, for real estate objects exceeds 100,000 (one hundred thousand) monthly calculation indicators. The term for preparing the property valuation report does not exceed 12 (twelve) consecutive calendar months from the date of submission by the bank of the application for pre-positioning of collateral.

Submission of electronic copies of documents specified in sub-paragraphs 1) and 2) of this paragraph on an electronic carrier in .pdf, .tiff or .jpg formats is permitted, as well as the authorized body carrying out a request for originals of such documents, information and (or) data if necessary for verification.

documents and (or) information on the absence of restrictions and (or) encumbrances on the property securing the fulfillment of borrowers' obligations under bank loan agreements presented in a portfolio of homogeneous bank loans, except for encumbrances imposed by the bank within the framework of bank loan agreements. When providing a certificate from the State Corporation "Government for Citizens" on the absence of encumbrances and arrests of third parties on property, the validity period of this certificate does not exceed 1 (one) day.
documents, information and (or) data confirming the correctness and reliability of the risk metrics of bank loans calculated by the bank.

The authorized body, when considering the application for pre-positioning of bank collateral outside AQR, uses the results of its own assessment to check the sufficiency of provisions formed by the bank for non-market assets, including using sampling assessment methods ensuring the reliability of results.

Based on the models of the authorized body and the results of the last completed regular AQR, the authorized body carries out, if necessary, adjustment of risk metrics of bank loans presented for pre-positioning by the bank, non-market assets.

Upon request of the authorized body, the bank submits other documents, information and (or) data specified in paragraphs 38 and (or) 39 of the Rules, selectively by borrowers within the timeframe specified in the request of the authorized body.

Non-market assets for which documents, information and (or) data provided by this paragraph are not submitted and (or) are submitted with violation of timeframes specified in the request of the authorized body are excluded from the collateral pool within 2 (two) working days after the expiration of the term for submission by the bank of documents, information and (or) data.

The authorized body considers the application for pre-positioning of bank collateral outside AQR, documents, information and (or) data within a period not exceeding 30 (thirty) calendar days from the date of submission of the complete package of documents.

Chapter 7. Procedure for monitoring non-market assets in pre-positioning of collateral

Monitoring of non-market assets in pre-positioning of collateral is carried out by the authorized body quarterly within a period not later than the last working day of the month following the reporting quarter.
The bank submits to the authorized body no later than the 10th (tenth) working day of the month following the reporting quarter information on the characteristics of non-market assets, for non-market assets that have passed pre-positioning of collateral and are in the collateral pool according to the list of non-market assets included in the collateral pool, received from the authorized body in accordance with sub-paragraph 3) of paragraph 32 of the Rules.
Monitoring of non-market assets included in the collateral pool is carried out by updating information on the characteristics of non-market assets.

Bank loan agreements concluded by the bank after the pre-positioning of collateral in accordance with Chapters 4, 5 and 6 of the Rules are not included by the bank in the information on characteristics of non-market assets and are not considered by the authorized body.

Within the framework of monitoring, bank loan agreements concluded after the pre-positioning of collateral in accordance with Chapters 4, 5 and 6 of the Rules may be included in the collateral pool if they comply with paragraphs 1 and 3 of the requirements for non-market assets, of the following portfolios of homogeneous bank loans:

loans to individuals secured by residential real estate;
auto loans and other secured loans to individuals;
unsecured consumer loans, credit cards and other loans to individuals.

Inclusion of bank loans specified in the third part of this paragraph in the collateral pool is carried out by carrying out pre-positioning of collateral in accordance with Chapters 4, 5 and 6 of the Rules.

If the bank becomes aware of the fact of non-compliance of non-market assets with the requirements of the Rules and (or) the presence of objective evidence of deterioration in the quality of non-market assets located in the collateral pool, the bank within 2 (two) working days from the date of detection of facts sends to the authorized body an application for exclusion of non-market assets from the collateral pool in the form according to Appendix 12 to the Rules (hereinafter – application for exclusion of non-market assets from the collateral pool) indicating the reason for exclusion.
In case of detection by the authorized body of non-compliance of non-market assets of the bank located in the collateral pool with the requirements of the Rules based on the results of regular monitoring and carrying out control and supervision by the authorized body and (or) based on the application for exclusion of non-market assets from the collateral pool, the authorized body excludes such assets from the collateral pool, updates the list of non-market assets in the collateral pool and sends a notification on exclusion of non-market assets from the collateral pool to the bank in the form according to Appendix 13 to the Rules within 5 (five) working days from the date of detection of the fact of non-compliance of non-market assets of the bank, and simultaneously informs the National Bank about this.
The authorized body within the framework of monitoring of non-market assets in pre-positioning of collateral not less than 1 (one) time per quarter also carries out monitoring of the bank's compliance with the requirements specified in sub-paragraph 1) of the second part of paragraph 1 of Article 51-3 of the Law on the National Bank.
Based on the results of monitoring of non-market assets in pre-positioning of collateral, the authorized body:

makes a decision on inclusion or refusal of inclusion in the collateral pool of non-market assets and fills in information on the characteristics of non-market assets provided for completion by the authorized body for assets in the collateral pool;
carries out an assessment of the level of provisions formed by the bank for non-market assets.
sends a notification to the bank on the inclusion of non-market assets in the collateral pool and attaches a list of non-market assets included in the collateral pool;
updates the conclusion on the determination of non-market assets of the bank acceptable for acceptance by the National Bank as collateral for a loan.

The authorized body within a period not later than 10 (ten) working days from the date of completion of monitoring sends to the National Bank a conclusion on the determination of non-market assets of the bank acceptable for acceptance by the National Bank as collateral for a loan, updated in accordance with sub-paragraph 4) of paragraph 49 of the Rules, and attaches the following documents and data to it:
a list of non-market assets included in the collateral pool;
information on the compliance of non-market assets included in the collateral pool with the requirements for non-market assets;
information on the characteristics of non-market assets provided for completion by the bank and the authorized body;
information on the level of provisions for assets based on the results of the pre-positioning of collateral in accordance with Chapters 5 and 6 of the Rules;
information on adjustments by the authorized body applied to risk metrics of bank loans included in the collateral pool, carried out in accordance with paragraph 40 of the Rules (in case such adjustment is carried out);
information on the compliance of the bank with the requirements specified in sub-paragraph 1) of the second part of paragraph 1 of Article 51-3 of the Law on the National Bank.

Chapter 8. Provision of a loan

To obtain a loan, the bank submits to the National Bank an application for the provision of a last resort loan in the form according to Appendix 14 to the Rules (hereinafter – application for provision of a loan), signed by the first head of the bank, indicating the amount of the loan, the term of the loan, as well as the reasons for the occurrence of an idiosyncratic liquidity shock, and simultaneously notifies the authorized body about the submission to the National Bank of an application for the provision of a loan with an attachment of copies of the application for provision of a loan and documents and data attached to it.

The bank attaches to the application for provision of a loan:

a funding plan approved by the Board of the bank;
information on the characteristics of market assets in the form according to Appendix 15 to the Rules (hereinafter – information on characteristics of market assets) and documents confirming the bank's ownership rights and the absence of restrictions and (or) encumbrances on market assets (in case the bank provides market assets as collateral for the fulfillment of obligations under the loan);
information on the characteristics of non-market assets, with updates as of the last reporting date with data on balance debt, including provisions formed by the bank under bank loan agreements, stages of impairment, overdue debt of borrowers under bank loan agreements (if any), cost of collateral and other data (if necessary), as well as a letter signed by the first head of the bank, in which it confirms that this information and (or) data on non-market assets as of the date of the last update of information on characteristics of non-market assets, are current and reliable;
calculation of the values of the coefficients of own capital adequacy and its size established by the authorized body, as of the last reporting date and as of the date preceding the date of submission to the National Bank of the application for provision of a loan.
The bank's funding plan contains the following information on:
measures for additional capitalization of the bank, provision of a loan or other ways of financial support of the bank;
forecast of liquidity flows ensuring the change in assets and liabilities and forecast of outflows indicating the bank's ability to repay the loan;
measures for the bank to implement its assets, including highly liquid ones, reduction of the credit portfolio within timeframes not exceeding the term of provision of the loan, or other measures to change the bank's assets and liabilities ensuring the completion of the use of the loan;
measures aimed at eliminating deficiencies in corporate governance, risk management systems and internal control that affected its ability to meet its liquidity needs, and the terms of their implementation;
optimization of financial, investment and operational flows, including the planned limitation of accrual of remuneration and bonuses to senior management of the bank, accrual and payment of dividends to bank shareholders.
A non-market asset is accepted as collateral on the date of submission of the application for provision of a loan according to the list of non-market assets sent by the authorized body to the bank in accordance with sub-paragraph 3) of paragraph 32 of the Rules, in case of update according to the list of non-market assets sent by the authorized body to the bank in accordance with sub-paragraph 3) of paragraph 49 of the Rules.
When the bank provides market assets as collateral for the fulfillment of obligations under the loan, the following documents, information and (or) data are attached to the application for provision of a loan:

documents confirming the bank's ownership rights and the absence of restrictions and (or) encumbrances on market assets;
information on the characteristics of market assets.

In case of submission by the bank to the National Bank of an incomplete package of documents, information and (or) data specified in paragraph 54 of the Rules, the National Bank within 1 (one) working day from the date of receipt of documents, information and (or) data notifies the bank about the missing documents, information and (or) data and the need for their submission. The bank submits the missing documents, information and (or) data within 1 (one) working day from the date of notification by the National Bank.
The authorized body considers the notification of the bank's application for provision of a loan and the funding plan, checks the bank's compliance with the requirements specified in sub-paragraph 1) of the second part of paragraph 1 of Article 51-3 of the Law on the National Bank, prepares and sends to the National Bank a conclusion in accordance with paragraph 57 of the Rules within a period not more than 2 (two) working days from the date of receipt by the authorized body of documents specified in paragraph 51 of the Rules.
A positive conclusion on the expediency of providing a loan, signed by the first head of the authorized body, contains:
the decision of the authorized body on the expediency of providing a loan;
information on the bank's compliance with the requirements specified in sub-paragraph 1) of the second part of paragraph 1 of Article 51-3 of the Law on the National Bank as of the date of the bank's appeal for provision of a loan;
information on the bank's compliance with the requirements for minimum values of coefficients of own capital adequacy and its size as of the last reporting date and as of the date preceding the date of submission to the National Bank of the application for provision of a loan;
information on the reasons for the liquidity shock at the bank specified in the application for provision of a loan and their compliance with the definition of an idiosyncratic liquidity shock;
information on the compliance of measures in the bank's funding plan with the bank's ability to eliminate the short-term liquidity deficit;
a preliminary list of non-market assets for acceptance as collateral with information on the characteristics of non-market assets as of the date of the last update by the bank of information.

A negative conclusion of the authorized body is sent to the National Bank in the absence of one or several pieces of information specified in the first part of this paragraph of the Rules and non-compliance of the bank with the conditions for providing a loan determined in paragraph 9 of the Rules.

The authorized body forms a preliminary list of non-market assets for acceptance as collateral by including non-market assets from the collateral pool in the following order:

rights (claims) under bank loan agreements provided to legal entities;
rights (claims) under bank loan agreements provided to individuals.

Among the rights (claims) under bank loan agreements provided to legal or physical entities, rights (claims) under bank loan agreements with the closest maturity date are included first.

The National Bank forms collateral for the loan and selects assets for acceptance as collateral in the following order:

market assets;
non-market assets from the list specified in paragraph 58 of the Rules.

The Board of the National Bank makes a decision on satisfaction of the application for provision of a loan, amount, final list of assets accepted as collateral, remuneration rate and loan repayment term or refusal to satisfy the application for provision of a loan within a period not more than 2 (two) working days from the date of receipt by the National Bank of the conclusion from the authorized body in accordance with paragraph 57 of the Rules.

After the decision of the Board of the National Bank is made, the National Bank sends to the bank and the authorized body:

in case of satisfaction of the application for provision of a loan – a notification on provision of a last resort loan in the form according to Appendix 16 to the Rules (hereinafter – notification on provision of a loan);
in case of refusal to satisfy the application for provision of a loan – a notification on refusal to provide a last resort loan in the form according to Appendix 17 to the Rules.

If the amount of the loan specified in the notification on provision of a loan differs from the amount of the loan specified by the bank in the application for provision of a loan, the bank within 3 (three) working days from the date of notification by the National Bank of the provision of a loan sends to the authorized body an adjusted funding plan taking into account the amount of the loan provided.
The National Bank sends to the bank 2 (two) copies of the last resort loan agreement (individual loan terms) in the form according to Appendix 18 to the Rules (hereinafter – loan agreement) and 2 (two) copies of the collateral agreement with an attachment of a list of assets that were selected as collateral for the fulfillment of obligations under the loan, for signing by the first head of the bank. The bank returns to the National Bank signed copies of the loan agreement and collateral agreement no later than the next working day after receiving documents from the National Bank.

Based on the decision of the Board of the National Bank on satisfaction of the application for provision of a loan, signed loan agreement and collateral agreement, the National Bank provides a loan by transferring money to the correspondent account of the bank opened at the National Bank and specified in the application for provision of a loan.

Until the fulfillment by the bank of obligations under the loan, the bank is not entitled to:

carry out investments, issue loans to persons related to the bank by special relations;
accrue and pay dividends to bank shareholders;
accrue remuneration and bonuses to senior management of the bank;
allow growth of the ratio of expenses to income (Cost to Income Ratio indicator) for a month by more than 3 (three) percentage points.

Registration of pledge of securities that were selected as collateral for the fulfillment of obligations under the loan is carried out by sending orders by the bank and the National Bank for registration of pledge of such securities to the central depository.

After registration of the pledge of securities that were selected as collateral for the fulfillment of obligations under the loan, signed copies of the loan agreement and collateral agreement by the National Bank are returned to the bank.

Repayment of the principal amount is carried out according to the term specified in the loan agreement. On the day of fulfillment of the loan obligations and/or in the event of early repayment of the loan at the initiative of the bank, the bank transfers funds to the details of the National Bank specified in the loan agreement.
Payment of remuneration for a loan provided for a term of up to 30 (thirty) calendar days is carried out simultaneously with the repayment of the entire principal amount, and for a loan for a term of more than 30 (thirty) calendar days – as of the first day of each subsequent month. When less than 30 (thirty) calendar days remain until the loan maturity date, payment of remuneration is carried out simultaneously with the repayment of the entire principal amount.
Full or partial early fulfillment of the bank's obligations under the loan is permitted. The amount of remuneration in the event of early repayment of the loan is calculated for the actual time of use of the subject of the loan.
After the bank fulfills its obligations under the loan, the National Bank sends the bank a notice of termination of obligations under the last resort loan in the form according to Appendix 19 to the Rules. The bank carries out measures aimed at terminating the pledge of non-market assets. To terminate the pledge of securities, the bank and the National Bank send orders to the central depository for registration of termination of the pledge of securities held in pledge.

Chapter 9. Procedure for extending the loan

Extension of the loan is permitted in case of failure to fulfill the funding plan for reasons beyond the bank's control, including force majeure circumstances.
For the extension of the loan, the bank submits to the National Bank a petition for extension of the last resort loan in the form according to Appendix 20 to the Rules (hereinafter – petition for extension of the loan) indicating the reason for the failure to fulfill the funding plan, signed by the head of the bank, a funding plan indicating specific measures, deadlines, and responsible persons for the period corresponding to the term specified in the petition for extension of the loan, a calculation of the values of the own funds adequacy ratios and their size established by the authorized body as of the last reporting date and the date preceding the date of submission of the petition for extension of the loan to the National Bank, and simultaneously sends a notice to the authorized body about the submission of the petition for extension of the loan to the National Bank.

For a loan with a term of no more than 30 (thirty) calendar days, the bank sends a petition for extension of the loan no later than 5 (five) working days before the expiration of the loan term, and for a loan with a term of more than 30 (thirty) calendar days – no later than 10 (ten) working days before the expiration of the loan term.

The authorized body considers the bank's notice of submission of a petition for extension of the loan and the funding plan, prepares and sends to the National Bank a conclusion on the expediency of extending the loan within a period of no more than 2 (two) working days from the date of receipt of the notice and funding plan by the authorized body.
The authorized body checks the bank's compliance with the requirements provided for in subparagraph 1) of part two of paragraph 1 of Article 51-3 of the Law on the National Bank, the fulfillment of minimum values of own funds adequacy ratios and their size as of the last reporting date and the date preceding the date of submission of the petition for extension of the loan to the National Bank, conducts an analysis of the reasons for the bank's failure to fulfill the original funding plan and indicates this information in the conclusion on the expediency of extending the loan, including confirmation of the failure to fulfill the funding plan for reasons beyond the bank's control.
The conclusion on the expediency of extending the loan, signed by the head of the authorized body, contains:
the decision of the authorized body on the expediency or lack of expediency of extending the loan;
information on the bank's compliance with the requirements provided for in subparagraph 1) of part two of paragraph 1 of Article 51-3 of the Law on the National Bank as of the date of the bank's application for extension of the loan;
information on the bank's fulfillment of requirements for minimum values of own funds adequacy ratios and their size as of the last reporting date and the date preceding the date of submission of the petition for extension of the loan to the National Bank;
information on the reasons for the bank's failure to fulfill the funding plan;
information on the compliance of measures in the bank's funding plan with the bank's ability to eliminate short-term liquidity deficit;
information on non-market assets accepted as collateral;
in case of violation of the loan security condition specified in paragraph 13 of the Rules, a preliminary list of non-market assets for acceptance as collateral for the loan as of the date of the bank's last update of information on the characteristics of non-market assets is attached to the conclusion on the expediency of extending the loan.
The Board of the National Bank makes a decision on satisfying the petition for extension of the loan and the loan repayment term or refusing to satisfy the petition for extension of the loan within a period of no more than 2 (two) working days from the date of receipt by the National Bank of the conclusion on the expediency of extending the loan from the authorized body.

After the Board of the National Bank makes a decision, the National Bank sends the bank and the authorized body a notice of extension of the last resort loan in the form according to Appendix 21 to the Rules or a notice of refusal to extend the last resort loan in the form according to Appendix 22 to the Rules.

Based on the decision of the Board of the National Bank on satisfying the petition for extension of the loan, the National Bank prepares an additional agreement to the loan agreement and, if necessary, makes changes and/or additions to the pledge agreement.

The National Bank sends the bank 2 (two) copies of the additional agreement to the loan agreement and, if necessary, 2 (two) copies of the additional agreement to the pledge agreement with an attached list of assets that were selected as security for the fulfillment of obligations under the loan. The bank returns to the National Bank the signed copies of the additional agreement to the loan agreement and, if necessary, the additional agreement to the pledge agreement no later than the next working day after receiving the documents from the National Bank.

Chapter 10. Procedure for assessing the value of assets accepted as collateral

When providing a loan, market assets and non-market assets from the collateral pool are accepted as collateral at the value of the assets with a discount established by the National Bank.
The value of securities from the list of market assets accepted as security for the fulfillment of obligations under the loan is determined based on the last market value of such securities at the Joint Stock Company "Kazakhstan Stock Exchange" (hereinafter – Kazakhstan Stock Exchange) and/or foreign financial markets.

Securities for which there is no market value at the Kazakhstan Stock Exchange and/or foreign financial markets are not accepted as security for the fulfillment of obligations under the loan.

The value of non-market assets accepted as security for the fulfillment of obligations under the loan is assessed as of the date of the bank's last update of information on the characteristics of non-market assets.
The National Bank applies a discount to the value of non-market assets of the bank included in the collateral pool.

Chapter 11. Procedure for monitoring the fulfillment of loan conditions

After providing the loan by the National Bank, the National Bank monitors the fulfillment of the bank's obligations under the loan, the loan agreement, and the pledge agreement, the loan security condition specified in paragraph 13 of the Rules.
For loans issued for a term of more than 30 (thirty) calendar days, no less than once a month, the bank submits documents, information and/or information:

to the authorized body: information on the characteristics of non-market assets accepted as collateral, with updated data as of the last reporting date on balance sheet debt, including provisions formed by the bank under bank loan agreements, stages of impairment, overdue debt of borrowers under bank loan agreements (if any), value of collateral and other information (if necessary), as well as a report on the bank's fulfillment of the funding plan and measures taken to overcome short-term liquidity deficit;
to the National Bank: information on the characteristics of market assets provided as collateral.

Submission of documents, information and/or information is carried out within a period of no later than the 10th (tenth) working day of the month following the subsequent month.

For the purpose of monitoring the bank's fulfillment of the conditions of the loan agreement and pledge agreement, at the request of the National Bank, the bank submits documents, information and/or information within the period specified in the request.

The authorized body monitors the bank's fulfillment of the funding plan, the bank's financial position, no less than weekly, and sends the results of such monitoring and information on the current state of non-market assets held in pledge by the National Bank to the National Bank.
In the event of the authorized body identifying non-compliance of non-market assets accepted as collateral with the requirements of the Rules, the authorized body notifies the National Bank of the non-compliance of non-market assets held in pledge within 2 (two) working days from the date of identification of this fact.
If the bank becomes aware of non-compliance of market and/or non-market assets accepted as collateral with the requirements of the Rules, including the presence of objective evidence of deterioration in the quality of non-market assets, the bank notifies the National Bank, the authorized body, and submits documents, information and/or information on market assets (if market assets are available) specified in paragraph 54 of the Rules within 2 (two) working days from the date of occurrence of these facts for acceptance as security for the fulfillment of obligations under the loan.
In the event of the National Bank identifying non-compliance of market assets accepted as collateral with the requirements of the Rules, the National Bank notifies the bank and the authorized body of the need to provide market assets to fulfill the loan security condition specified in paragraph 13 of the Rules. In the event of insufficient market assets at the bank to fulfill the loan security condition, the National Bank selects non-market assets from the collateral pool for acceptance as collateral for the loan.
In accordance with paragraphs 83, 84 and 85 of the Rules, the National Bank and the bank make changes and/or additions to the pledge agreement. The National Bank sends the bank 2 (two) copies of the additional agreement to the pledge agreement with an attached list of assets that were selected as security for the fulfillment of obligations under the loan. The bank returns to the National Bank the signed copies of the additional agreement to the pledge agreement no later than the next working day after receiving the documents from the National Bank.
Registration of the pledge of securities that were selected as security for the fulfillment of obligations under the loan is carried out in accordance with paragraph 64 of the Rules. After registration of the pledge of market assets that were selected as security for the fulfillment of obligations under the loan, the copy of the additional agreement to the pledge agreement signed by the National Bank is returned to the bank.
In the event of the authorized body identifying the bank's non-compliance with the requirements provided for in subparagraph 1) of part two of paragraph 1 of Article 51-3 of the Law on the National Bank, the authorized body notifies the National Bank within 5 (five) working days from the date of adoption of the corresponding decision by the authorized body in accordance with Articles 61-6 and 61-7 of the Law on Banks and Banking Activity.
The National Bank makes a demand on the bank for full or partial early fulfillment of obligations under the loan upon identification of any of the following facts:
the presence of objective evidence of deterioration in the bank's financial condition, which may lead to the bank's failure to fulfill monetary obligations;
non-compliance of the bank with the requirements provided for in subparagraph 1) of part two of paragraph 1 of Article 51-3 of the Law on the National Bank;
violation by the bank of the conditions of agreements concluded with the National Bank and/or failure to comply with the requirements of the Rules, including violation of the loan security condition specified in paragraph 13 of the Rules and absence of assets acceptable for acceptance as collateral by the National Bank, as well as in the event of identification of the fact of the bank carrying out actions specified in paragraph 63 of the Rules;
failure by the bank to fulfill the funding plan, except in cases of such failure for reasons beyond the bank's control, including force majeure circumstances;
submission by the bank to the authorized body and/or the National Bank of unreliable, unconfirmed documents, information and/or information, including those contained in the funding plan, the unreliability and unconfirmed nature of which was identified by the authorized body after providing the loan to the bank.

Upon identification of facts that are grounds for early repayment of the loan, the authorized body and/or the National Bank notify each other within 1 (one) working day from the date of identification of such facts.

The bank transfers funds to the details of the National Bank specified in the loan agreement within 5 (five) working days from the date of sending the demand specified in the first part of this paragraph by the National Bank.

In the event of non-fulfillment or improper fulfillment by the bank of its obligations under the loan, the National Bank reports to the authorized body about the bank's default on the loan for consideration of the issue of taking measures to ensure financial stability and resolution of insolvent banks provided for in Chapter 7-2 of the Law on Banks and Banking Activity, and also requests from the authorized body a list of banks for making a decision on the realization of non-market assets that are security under the loan agreement.

The bank for the realization of non-market assets is determined by the National Bank in agreement with the authorized body from the list of banks sent by the authorized body, taking into account information on the compliance by the banks listed in the list with prudential standards and limits. Realization of non-market assets to several banks is permitted.

Satisfaction of the National Bank's claims is carried out out of court by the National Bank turning market assets held in pledge into its own property and/or by the bank realizing non-market assets for the purpose of satisfying the National Bank's claims to other banks in accordance with paragraph 90 of the Rules, or to an organization specializing in improving the quality of banks' credit portfolios, or a mortgage organization (hereinafter – third parties) non-market assets of the bank held in pledge.
The bank continues to service the bank's borrowers under bank loan agreements until the full completion of the assignment of rights (claims) under them to a third party.

Appendix 1

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Requirements for Non-Market Assets

Indicator	Criteria for Requirements for Non-Market Assets
1. General requirements for non-market assets of banks	1) belong to the first stage of impairment according to the bank's internal methodology; 2) there is no overdue repayment of debt on the loan for more than 7 (seven) calendar days as of the last reporting date; 3) the maturity date of the bank loan agreement occurs no earlier than 12 (twelve) calendar months after the last reporting date; 4) do not belong to loans issued to individuals and not classified by the bank into a portfolio of homogeneous bank loans (assessed individually); 5) balance sheet debt exceeds 50,000 (fifty thousand) tenge; 6) currency of the bank loan agreement: tenge, foreign currency (US dollar, euro, Chinese yuan); 7) the borrower is not a person associated with the bank by special relations; 8) the maximum share of loans to one borrower and a group of related borrowers does not exceed 25 (twenty-five) percent of the balance sheet value of non-market assets.
2. Special requirements for non-market assets of banks included in the perimeter of the last completed regular AQR	Bank loans included in the scope of the last completed regular AQR are classified into the first stage of impairment as a result of the last completed regular AQR.
3. Special requirements for non-market assets of banks not included in the perimeter of the last completed regular AQR	For bank loan agreements secured by methods provided for by the legislation of the Republic of Kazakhstan, the ratio of the remaining principal loan amount to the estimated value of the property (real estate and movable property) provided as security for the loan (loan-to-value ratio) is no more than 80 (eighty) percent. Real estate is represented by residential and/or commercial real estate, land plots located on the territory of the Republic of Kazakhstan. Objects of incomplete construction are not accepted as calculation of security for loans. In the calculation of the estimated value of property, the smallest of the values of the collateral value determined by the bank on the date of the last assessment in accordance with the bank's internal methodology, and the market value determined by the appraiser on the date of the last assessment in accordance with the legislation of the Republic of Kazakhstan on valuation activity (if available) is taken. The market value of real estate objects determined on the date of the last assessment by the appraiser for real estate objects exceeds 100,000 (one hundred thousand) monthly calculation indicators. The term for preparing the property valuation report does not exceed 12 (twelve) consecutive calendar months to the date of submission by the bank of a petition for pre-positioning of collateral. In the event of securing the fulfillment of obligations under several bank loan agreements of one or several borrowers of the bank with one property, such bank loan agreements are taken into account as one non-market asset of the bank accepted as collateral.

Appendix 2

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

Agreement on General Conditions for Providing Last Resort Loan

This Agreement on General Conditions for Providing Last Resort Loan of the National Bank of the Republic of Kazakhstan (hereinafter – Agreement on General Conditions of Loan) regulates relations between the Republican State Institution "National Bank of the Republic of Kazakhstan" (hereinafter – National Bank), the Republican State Institution "Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market" (hereinafter – Agency), acting on behalf of and in the interests of the National Bank on the basis of the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations", and a second-tier bank (hereinafter – Bank), as defined in accordance with the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated ______ 2024 No. ____ and the Board of the National Bank of the Republic of Kazakhstan dated ______ 2024 No. ____ (hereinafter – Rules), hereinafter jointly referred to as "Parties" and separately "Party", during the pre-positioning of collateral procedure and provision of last resort loans by the National Bank.

Subject of the Agreement

1.1. The Agreement on General Conditions of Loan is a standard adhesion agreement to the mechanism of providing last resort loans by the National Bank (hereinafter – loan, loans) for Banks.

1.2. The National Bank provides the Bank with the opportunity to participate in the pre-positioning of collateral and the loan provision mechanism in the order and on the conditions defined by Article 51-3 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" (hereinafter – Law on the National Bank), the Agreement on General Conditions of Loan and the Rules. The conditions of the Agreement on General Conditions of Loan are accepted by the Bank by adhering to the Agreement on General Conditions of Loan. The conditions for adhering to the Agreement on General Conditions of Loan are defined by the Rules.

1.3. By adhering to the Agreement on General Conditions of Loan, the Bank confirms acquaintance, consent and acceptance of the conditions of the Agreement on General Conditions of Loan, as well as agrees with the order and conditions for passing the pre-positioning of collateral, provision of the loan, fulfillment of the Bank's obligations under the loan, requirements for collateral, application of a discount to assets accepted as collateral, as well as agrees to pay the services of a valuation subject in the event of its involvement by the Agency within the framework of pre-positioning of collateral.

1.4. The Bank's adherence to the Agreement on General Conditions of Loan is not an obligation of the National Bank to issue a loan to the Bank and is not an obligation of the Bank to apply to the National Bank for obtaining a loan.

1.5. The order and conditions for providing market and/or non-market assets as collateral are determined by the legislation of the Republic of Kazakhstan, as well as the pledge agreement concluded between the Bank and the National Bank.

1.6. Pre-positioning of collateral is carried out by the Bank in accordance with the Rules in advance before applying for a loan to check the compliance of non-market assets with the requirements of the Rules and determine their value.

1.7. The National Bank provides the loan to the Bank in the order and on the conditions specified in Article 51-3 of the Law on the National Bank, the Rules and the Agreement on General Conditions of Loan.

1.8. The Bank, within the period specified in the notice of provision of the loan and the last resort loan agreement (individual loan conditions) (hereinafter – Loan Agreement), returns the received loan and the remuneration accrued on it.

1.9. Payment of remuneration for a loan provided for a term of up to 30 (thirty) calendar days is carried out simultaneously with the repayment of the entire principal amount, and for a loan for a term of more than 30 (thirty) calendar days – as of the first day of each subsequent month. When less than 30 (thirty) calendar days remain until the loan maturity date, payment of remuneration is carried out simultaneously with the repayment of the entire principal amount.

1.10. Full or partial early fulfillment of the Bank's obligations under the loan is permitted. The amount of remuneration in the event of early repayment is calculated for the actual time of use of the subject of the loan.

1.11. Extension of the loan is carried out in accordance with Article 51-3 of the Law on the National Bank and the Rules.

1.12. Relations arising from the loan are regulated by the legislation of the Republic of Kazakhstan, including the Rules and the Agreement on General Conditions of Loan. Issues not regulated by the Agreement on General Conditions of Loan are resolved in accordance with the legislation of the Republic of Kazakhstan.

1.13. Expenses incurred by the Parties in connection with the registration, changes, additions, as well as termination of the pledge of market and/or non-market assets are paid by the Party carrying out measures aimed at registration, changes, additions and termination of the registered pledge.

1.14. Concepts contained in the Agreement on General Conditions of Loan are used in the meanings established by the legislation of the Republic of Kazakhstan, including the Rules.

1.15. The relationship between the National Bank and the Bank under the loan arises from the day the National Bank issues the loan and ends on the day of full performance by the Bank of all obligations under the loan, including full repayment of the principal amount of the loan with the amount of accrued remuneration for it, as well as (in case of occurrence) full compensation for losses caused by delay in performance of obligations, amounts of penalties, amounts of costs for maintaining collateral, amounts of expenses for debt collection, and other expenses related to the issued loan.

Rights and Obligations of the Parties

2.1. The Bank undertakes to:

ensure the accuracy of documents, information and (or) data submitted to the National Bank and the Agency;
confirm receipt of all necessary permits and consents for providing market and (or) non-market assets as collateral, and in case of providing a loan by the National Bank, guarantee the absence of any rights of third parties on the date of the loan application that would prevent the National Bank from accepting market and (or) non-market assets as collateral;
submit documents, information and (or) data specified in the Rules and (or) requested by the National Bank and (or) the Agency within the time limit established by the Rules, the General Loan Agreement and (or) the request of the National Bank and (or) the Agency;
notify the National Bank in writing of changes to its details specified in the application for accession to the General Loan Agreement no later than 5 (five) calendar days before their change;
comply with the procedure for the Bank to pass the collateral pre-positioning and monitoring procedure and performance of loan obligations established by the General Loan Agreement and the Rules;
include in the application for pre-positioning of non-market assets of a bank that has entered the perimeter of the last completed regular AQR, in the form according to Appendix 7 to the Rules, or in the application for pre-positioning of collateral of a bank that has not entered the perimeter of the last completed regular AQR, in the form according to Appendix 9 to the Rules, non-market assets that meet the requirements for non-market assets according to Appendix 1 to the Rules;
quarterly submit to the Agency updated documents, information and (or) data on non-market assets located in the collateral pool;
not conclude transactions or perform other actions aimed at encumbrance (including transfer as collateral) or disposal of non-market assets located in the collateral pool and (or) pledged under the loan, other than the encumbrance arising under the pledge agreement concluded with the National Bank, and also take necessary efforts to timely identify the presence of such encumbrances on non-market assets;
in case of submission by the Bank of an incomplete package of documents, information and (or) data specified in the Rules for passing the collateral pre-positioning, and (or) in connection with the Agency's request for documents, information and (or) data, submit the missing or requested documents, information and (or) data within 7 (seven) working days from the date of sending the Agency's notification on the need to submit documents and (or) within the time limit established by the request;
upon request of the Agency, ensure access for Agency employees and (or) valuation entities to assess and verify non-market assets;

In case of providing a loan by the National Bank, the Bank undertakes to:

ensure the targeted use of the loan provided by the National Bank to cover short-term liquidity deficit due to an idiosyncratic liquidity shock;
submit to the Agency an adjusted funding plan taking into account the amount of the loan provided, in case the loan amount differs from the loan amount specified by the Bank in the application for providing the loan;
in addition to the documents, information and (or) data specified in subparagraph 6) of this paragraph, monthly no later than the 10th (tenth) day submit the following documents, information and (or) data:

to the Agency: on the Bank's performance of the funding plan and measures taken to overcome short-term liquidity deficit;

to the National Bank: information on the characteristics of market assets in the form according to Appendix 15 to the Rules;
submit documents, information and (or) data upon request of the National Bank for the purpose of monitoring the Bank's compliance with the conditions of the General Loan Agreement and the pledge agreement within the time limit specified in the request;
perform the funding plan and take measures to overcome short-term liquidity deficit;
notify the National Bank of non-compliance of market and (or) non-market assets with the requirements of the Rules, including the presence of objective evidence of deterioration in the quality of non-market assets, within 2 (two) working days from the date of occurrence of these facts and submit documents, information and (or) data on market assets (if there are market assets), for acceptance as collateral for the performance of obligations under the loan;
return the received loan within the time limit established by the Loan Agreement, and pay the amounts of accrued remuneration for it in the manner established by the Rules, as well as (in case of occurrence) pay costs for maintaining collateral, expenses for debt collection and other possible expenses related to the issued loan;
within 5 (five) working days from the date of occurrence of circumstances capable of affecting the timely repayment of the loan and the remuneration accrued on it, notify the National Bank and the Agency about this;
repay the received loan and the amount of remuneration accrued on it in advance in case of presentation by the National Bank of a claim for full or partial early performance of obligations under the loan upon detection of facts provided for in the Rules, as well as in case of presentation of claims by third parties to assets pledged under the loan;
on the day of performance of obligations under the loan and (or) in case of early return of the loan subject at the initiative of the Bank, transfer money to the details of the National Bank;
on non-market assets located in pledge, continue to service the bank's borrowers under bank loan agreements until the full completion of the assignment of rights (claims) to them by a third-party buyer.

2.2. The Agency undertakes to:

comply with the procedure for conducting the collateral pre-positioning procedure established by the Rules;
consider documents, information and (or) data specified in the Rules and notify the Bank of decisions made on documents, information and (or) data in the manner and time limits established by the Rules;
submit to the National Bank documents, information and (or) data specified in the Rules within the time limit established by the Rules, or within the framework of the National Bank's request within the time limit specified in the request;
upon receipt of the Bank's notification about the application for accession to the general loan agreement, send to the National Bank information on the Bank's compliance with the requirements specified in subparagraph 1) of part two of paragraph 1 of Article 51-3 of the Law on the National Bank within 3 (three) working days from the date of receipt of the Bank's notification about the application for accession;
in case if the Bank is classified into the category of banks with unstable financial position, posing a threat to the interests of its depositors and creditors and (or) threat to the stability of the financial system of the Republic of Kazakhstan, or the category of insolvent banks, notify the National Bank within the time limits established by the Law on Banks and Banking Activity;
include non-market assets of the Bank that meet the requirements of the Rules in the collateral pool;
conduct monitoring of the Bank's and non-market assets of the Bank that have passed the collateral pre-positioning procedure compliance with the requirements of the Rules;
ensure permanent access for the Bank and the National Bank to information on non-market assets in the collateral pool;
notify the National Bank in case of occurrence of the fact of non-compliance of non-market assets accepted as collateral with the requirements of the Rules within 2 (two) working days from the date of detection of this fact;
upon detection of facts that are grounds for early repayment of the loan, specified in the Rules, notify the National Bank within 1 (one) working day from the date of detection of such facts;
upon request of the National Bank, submit a list of banks for making a decision on the implementation of non-market assets taking into account compliance by the banks listed with prudential standards and limits within 5 (five) working days from the date of sending the request.

2.3. The National Bank undertakes to:

comply with the procedure for providing loans established by Article 51-3 of the Law on the National Bank, the Rules and the General Loan Agreement;
consider documents, information and (or) data specified in the Rules and notify the Bank of decisions made on documents, information and (or) data in the manner and time limits established by the Rules;
credit the amount of the provided loan to the correspondent account specified by the Bank in the application for providing the loan;
upon timely and full performance by the Bank of obligations under the loan secured by collateral, terminate the pledge;
return money excessively collected by the National Bank to the Bank's correspondent account;
transfer the excess of the amount of revenue from the sale of pledged assets or the value at which the National Bank retained assets that are the subject of pledge in its ownership in case of non-performance or improper performance by the Bank of obligations under the loan, over the amount of the National Bank's claims to the Bank under the loan to the Bank's correspondent account no later than the next working day after full repayment of the National Bank's claims under the loan.

2.4. The Bank has the right to:

apply to the National Bank with an application for obtaining a last resort loan on condition of accession to the General Loan Agreement;
exercise other rights provided for by the legislation of the Republic of Kazakhstan.

2.5. The Agency has the right to:

contact valuation entities at the expense of the bank with the bank's consent to assess and verify non-market assets;
require the Bank to submit documents, information and (or) data specified in the Rules;
require access for Agency employees and (or) valuation entities to assess and verify non-market assets;
exercise other rights provided for by the legislation of the Republic of Kazakhstan.

2.6. The National Bank has the right to:

refuse to provide a loan to the Bank in case of non-performance or improper performance of accepted obligations under the General Loan Agreement, or detection of facts of providing inaccurate information;
require the Bank to properly perform accepted obligations under the General Loan Agreement;
terminate the Bank's participation in the General Loan Agreement in case of non-compliance of the bank with the requirements specified in subparagraph 1) of part two of paragraph 1 of Article 51-3 of the Law on the National Bank;
if necessary, exclude or replace non-market assets from the preliminary list of non-market assets with other assets from the collateral pool;
in case of non-compliance of market and (or) non-market assets with the requirements of the Rules, as a result of which the loan security condition is violated, select non-market assets from the collateral pool for acceptance as collateral under the loan to fulfill the loan security condition;
present a claim for full or partial early performance of obligations under the Loan Agreement upon detection of facts established by paragraph 89 of the Rules, as well as in case of presentation of claims by third parties to assets pledged under the loan;
in case of insufficient collateral amount, require replenishment of the collateral amount by presenting market assets by the Bank for acceptance as collateral;
in case of non-performance or improper performance by the Bank of obligations under the loan, obtain satisfaction of claims by the National Bank's recourse to market assets located in pledge in its ownership and (or) by the Bank's implementation of non-market assets for the purpose of satisfying the National Bank's claims to a third-party buyer determined in accordance with the Rules;
exercise other rights provided for by the legislation of the Republic of Kazakhstan.

Liability of the Bank

3.1. In case of non-performance by the Bank of its obligations under the General Loan Agreement, the Bank bears liability in accordance with the legislation of the Republic of Kazakhstan.

Confidentiality

4.1. The Parties recognize that all information designated by the Party as confidential, as well as information about transactions carried out under the General Loan Agreement, cannot be disclosed by the other Party to any third party without the written permission of the Party providing the specified information, except in cases where such disclosure is prescribed by the legislation of the Republic of Kazakhstan or is carried out on the basis of official requests from authorized state bodies.

Dispute Resolution Procedure

5.1. In case of disagreements arising in the process of performing the conditions of the General Loan Agreement, the Parties undertake to take all necessary measures to resolve them through negotiations.

5.2. In case of failure to reach mutual agreement, disputes are considered by the court at the location of the National Bank in accordance with the legislation of the Republic of Kazakhstan.

Force Majeure

6.1. In case of occurrence of force majeure circumstances, which include natural disasters, accidents, fires, mass riots, strikes, military actions, as well as the entry into force of normative legal acts of the Republic of Kazakhstan directly or indirectly prohibiting the types of activities specified in the General Loan Agreement, preventing the Parties from performing their obligations under the General Loan Agreement, they are released from liability for non-performance of assumed obligations, if within 10 (ten) calendar days from the date of occurrence of such circumstances and in the presence of a link, the Party affected by their influence notifies the other Party of the incident, and also takes all efforts for the earliest elimination of the consequences of force majeure circumstances.

6.2. After the termination of the action of force majeure circumstances specified in paragraph 6.1 of the General Loan Agreement, the Parties are obliged to continue performing their obligations under the General Loan Agreement.

Other Provisions

7.1. The Bank's participation in the loan provision mechanism begins from the day of sending the notification by the National Bank about accession to the General Loan Agreement and is valid until the date of its termination by agreement of the Parties, or refusal from the General Loan Agreement by one of the Parties.

7.2. Issues not regulated by the General Loan Agreement are regulated in accordance with the legislation of the Republic of Kazakhstan.

Appendix 3

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated "__" ______ 20_ year

Application for Accession to the General Agreement for Providing Last Resort Loans

Hereby ______

(full name of the bank)

(hereinafter – the Bank) requests the National Bank of the Republic of Kazakhstan to accede the Bank to the general agreement for providing last resort loans (hereinafter – the general loan agreement).

By sending this application for accession to the general loan agreement, the Bank confirms familiarity, consent and acceptance of the conditions of the general loan agreement.

Bank Details:

Name: ______

Location: ______

Banking Details

Number of the Bank's correspondent account in the National Bank of the Republic of Kazakhstan: ______

Bank BIC: ______

Bank IIC: ______

Bank BIN: ______

Bank's electronic address:______

First Head of the Bank:

(position) (signature) (Surname, name and patronymic (if any)

Appendix 4

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated "__" ______ 20_ year

Notification of Accession to the General Agreement for Providing Last Resort Loans

Hereby the National Bank of the Republic of Kazakhstan and the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market (hereinafter – the Agency), having considered the application for accession to the general agreement for providing last resort loans

No. ___ dated ______ 20___ year, notify

(full name of the bank)

about accession to the general agreement for providing last resort loans.

Authorized official of the Agency:

(position) (signature) (Surname, name and patronymic (if any)

Place of seal

Authorized official of the National Bank of the Republic of Kazakhstan:

(position) (signature) (Surname, name and patronymic (if any)

Place of seal

Appendix 5

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated "__" ______ 20_ year

Notification of Refusal to Accede to the Agreement

for the General Agreement for Providing Last Resort Loans

No. ____ dated ______ 20___ year, notify

(full name of the bank)

about refusal to accede to the general agreement for providing last resort loans due to ______

(specify the reason for refusal)

Authorized official of the Agency:

(position) (signature) (Surname, name and patronymic (if any)

Place of seal

Authorized official of the National Bank of the Republic of Kazakhstan:

(position) (signature) (Surname, name and patronymic (if any)

Place of seal

Appendix 6

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated "__" ______ 20_ year

Notification of Termination of Participation in the General Agreement for Providing Last Resort Loans

Hereby the National Bank of the Republic of Kazakhstan (hereinafter – the National Bank) notifies

(full name of the bank)

(hereinafter – the Bank) about the termination of the Bank's participation in the general agreement for providing last resort loans (hereinafter – the general loan agreement) due to ______

(specify the reason for termination of participation)

Termination of the Bank's participation in the general loan agreement entails the exclusion by the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market of non-market assets that have passed the collateral pre-positioning procedure from the collateral pool. The bank's obligations on the issued loan to the National Bank are preserved in full, as well as all rights of the National Bank as a creditor and pledgee.

Authorized official of the National Bank:

(position) (signature) (Surname, name and patronymic (if any)

Place of seal

Appendix 7

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated "__" ______ 20_ year

Application for Pre-positioning of Collateral of a Bank

that has entered the perimeter of the last completed regular AQR

(full name of the bank)

(hereinafter – the Bank) in accordance with the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market

dated ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan dated ______ 2024 year No. ___ (hereinafter – the Rules), the general agreement for providing last resort loans and the notification of the National Bank of the Republic of Kazakhstan about accession to the general agreement for providing last resort loans

dated ______ 20___ year No. _____ requests to include in the collateral pool formed for the purpose of obtaining a last resort loan, non-market assets specified in the appendix to this application.

The Bank is responsible for the accuracy of the submitted documents, information and (or) data.

The Bank confirms that:

non-market assets specified in the information on the characteristics of non-market assets attached to this application meet the requirements of the Rules imposed on non-market assets, as well as that there are no restrictions and (or) encumbrances, conditions prohibiting the assignment of non-market assets to a third party or the National Bank of the Republic of Kazakhstan, disputes and obstacles to recourse to non-market assets, as well as that non-market assets are not sold, not assigned by the bank to a third (third) party (parties), including persons specified in Article 36-1 of the Law on Banks and Banking Activity, not written off from the bank's balance sheet, not serving as collateral for securities issued by the bank. As confirming information, statements from loan accounts for each bank loan agreement are also submitted; grounds for declaring the specified bank loan agreements invalid;
for the bank's borrowers under bank loan agreements:

there is no information about the conduct of suspicious operations in accordance with the Law of the Republic of Kazakhstan "On Countering the Legalization (Money Laundering) of Proceeds Obtained by Criminal Means and Financing of Terrorism",

no claim and litigation work is being carried out regarding these borrowers on other bank loan agreements, rights (claims) under which are not directed for inclusion in the collateral pool,

are not persons related to the bank by special relations, including on the basis of a reasoned opinion of the authorized body;

regarding the property securing the fulfillment of borrowers' obligations to the bank under bank loan agreements, there are no restrictions and/or encumbrances, except for encumbrances imposed by the bank within the framework of bank loan agreements, and this property is not security for the fulfillment of obligations of other borrowers of the bank under bank loan agreements, the rights (claims) of which are not directed for inclusion in the collateral pool.
the accuracy of the information and/or data presented in this petition, as well as the accuracy of the documents, information and/or data attached to this petition.

The following are attached to this petition:

information on the characteristics of non-market assets in the form according to Appendix 8 to the Rules, each page of which is signed by the first head of the Bank;
information confirming the absence of restrictions and/or encumbrances on non-market assets, including an extract from the registry of registration of pledge of movable property;
documents and/or information on the absence of restrictions and/or encumbrances on the property securing the fulfillment of borrowers' obligations to the bank under bank loan agreements (except for encumbrances imposed by the bank within the framework of bank loan agreements).

Appendix: on ___ sheets

First head of the Bank:

(position) (signature) (Surname, first name and patronymic (if any)

Appendix 8

to the Rules on last resort loans

provided by

the National Bank of the Republic

of Kazakhstan


	Form

Information on the characteristics of non-market assets

For completion by the bank

Information on the characteristics of rights (claims) under bank loan agreements provided to legal entities as of ______ 20 _____ year


No.	Number of bank loan agreement	Date of bank loan agreement	Name of borrower	Business identification number of the borrower (BIN)	Interest rate on the loan (in percent)	Outstanding principal debt, in tenge	Outstanding accrued interest, in tenge	Number of pledge agreement concluded to secure the bank loan agreement
1	2	3	4	5	6	7	8	9
1.
2.

continuation of the table


Date of pledge agreement concluded to secure the bank loan agreement	Value of collateral, in tenge	Number of days of delay on the bank loan agreement (if any)	Date of occurrence of delay on principal debt or interest (if any)	Outstanding unpaid principal debt after 6 (six) months, in tenge	PD	LGD	Formed provisions, in tenge	Provision coverage ratio	Value calculated by the bank= (14)-(17) in tenge
10	11	12	13	14	15	16	17	18	19

Information on the characteristics of rights (claims) under bank loan agreements provided to individuals as of ______ 20_____ year


No.	Number of bank loan agreement	Date of bank loan agreement	Surname, first name, patronymic of the borrower (if any)	Individual identification number of the borrower (IIN)	Interest rate on the loan (in percent)	Outstanding principal debt, in tenge	Outstanding accrued interest, in tenge	Number of pledge agreement concluded to secure the bank loan agreement
1	2	3	4	5	6	7	8	9
1.
2.

continuation of the table


Date of pledge agreement concluded to secure the bank loan agreement	Value of collateral, in tenge	Number of days of delay on the bank loan agreement (if any)	Date of occurrence of delay on principal debt or interest (if any)	Outstanding unpaid principal debt after 6 (six) months, in tenge	PD	LGD	Formed provisions, in tenge	Provision coverage ratio	Value calculated by the bank= (14)-(17), in tenge
10	11	12	13	14	15	16	17	18	19

continuation of the table


Loan amount to collateral value, in percent (for mortgage housing loan pool)	Loan type (for individuals: Consumer loans, Auto loans, Mortgage housing loans)	(for individuals and legal entities: Real estate, motor vehicles, other intangible assets)
20	21	22

For completion by the authorized body for regulation and development of the financial market (hereinafter - the authorized body) and the National Bank of the Republic of Kazakhstan (hereinafter - the National Bank)

continuation of the table


Expected losses, in tenge (if information is available)	Was the loan within the AQR perimeter (yes or no)	Discount, in percent	Value of non-market asset= ((14)-(23))- (14)*(25), in tenge
23	24	25	26

Note:

A portfolio of homogeneous bank loans is accepted as one unit of rights (claims) under bank loan agreements.
Columns 1-22 are filled in by the bank. Columns 23-24 are filled in by the authorized body. Columns 25-26 are filled in by the National Bank.
When providing information on non-market assets, the bank confirms that regarding the specified non-market assets there are no restrictions and/or encumbrances, conditions prohibiting the assignment of non-market assets to a third party or the National Bank, disputes and obstacles to enforcement against non-market assets, grounds for invalidating the specified bank loan agreements.

Appendix 9

to the Rules on last resort loans

provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ from "__" ______ 20_ year

Petition for pre-positioning of bank pledge,

not included in the perimeter of the last completed regular AQR

(full name of the bank)

(hereinafter - the Bank) in accordance with the Rules on last resort loans provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market from ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan from ______ 2024 year No. ___ (hereinafter - the Rules), the agreement on general conditions for providing last resort loans and the notification of the National Bank of the Republic of Kazakhstan on joining the agreement on general conditions for providing last resort loans from ______ 20 ___ year No. _____ requests to include in the collateral pool formed for the purpose of obtaining a last resort loan, non-market assets specified in the appendix to this petition.

The Bank is responsible for the accuracy of the submitted documents, information and/or data.

The Bank confirms that:

non-market assets specified in the information on the characteristics of non-market assets in the form according to Appendix 8 to the Rules, attached to this petition, meet the requirements of the Rules imposed on non-market assets, as well as that regarding the specified non-market assets there are no restrictions and/or encumbrances, conditions prohibiting the assignment of non-market assets to a third party or the National Bank of the Republic of Kazakhstan, disputes and obstacles to enforcement against non-market assets, as well as that non-market assets have not been sold, not assigned by the bank to a third (third) person(s), including persons specified in Article 36-1 of the Law on banks and banking activity, not written off from the bank's balance sheet, are not security for securities issued by the bank. As confirming information, extracts from loan accounts for each bank loan agreement are also submitted; grounds for invalidating the specified bank loan agreements;
for the bank's borrowers under bank loan agreements:

there is no information about the conduct of suspicious operations in accordance with the Law of the Republic of Kazakhstan "On combating the legalization (money laundering) of proceeds obtained criminally and financing of terrorism",

claim and litigation work is not being conducted regarding these borrowers on other bank loan agreements, the rights (claims) of which are not directed for inclusion in the collateral pool,

are not persons associated with the bank by special relations, including on the basis of a reasoned opinion of the authorized body;

regarding the property securing the fulfillment of borrowers' obligations to the bank under bank loan agreements, there are no restrictions and/or encumbrances, except for encumbrances imposed by the bank within the framework of bank loan agreements, and this property is not security for the fulfillment of obligations of other borrowers of the bank under bank loan agreements, the rights (claims) of which are not directed for inclusion in the collateral pool.
the accuracy of the information and/or data presented in this petition, as well as the accuracy of the documents, information and/or data attached to this petition.

The following are attached to this petition:

information on the characteristics of non-market assets in the form according to Appendix 8 to the Rules, each page of which is signed by the first head of the Bank;
information confirming the absence of restrictions and/or encumbrances on non-market assets, including an extract from the registry of registration of pledge of movable property;
documents and/or information on the absence of restrictions and/or encumbrances on the property securing the fulfillment of borrowers' obligations to the bank under bank loan agreements (except for encumbrances imposed by the bank within the framework of bank loan agreements);
property appraisal report on the property securing the fulfillment of borrowers' obligations to the bank under individual bank loans, the rights (claims) of which are directed for inclusion in the collateral pool, prepared in accordance with the legislation of the Republic of Kazakhstan on appraisal activity within a period not exceeding 12 (twelve) months from the date of submission by the bank of the petition for pre-positioning of pledge;
financial statements (balance sheet, income statement, cash flow statement, statement of changes in equity) of legal entity-borrowers on individual bank loans: signed by the first head of the legal entity-borrower and in electronic format in .xls or .xlsx formats.

Appendix: on ___ sheets

First head of the Bank:

(position) (signature) (Surname, first name and patronymic (if any)

Appendix 10

to the Rules on last resort loans

provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ from "__" ______ 20_ year

Notification of refusal to include

non-market assets in the collateral pool

The Agency of the Republic of Kazakhstan for regulation and development of the financial market (hereinafter - the Agency), having considered the petition

(full name of the bank)

(hereinafter - the Bank) for pre-positioning of pledge from ______ 20____ year No. ____ in accordance with the Rules on last resort loans provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market from ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan from ______ 2024 year No. ___, notifies of refusal to include in the collateral pool non-market assets specified in the appendix to this notification.

Appendix: on ____ sheets

Authorized official of the Agency:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Note: The signature of the authorized official of the Agency and the seal of the Agency are affixed on each page of the appendix to the notification.

Appendix

to the notification of refusal to include non-market assets in the collateral pool

No. ____ from ______ 20 ____ year

Form

List of non-market assets for which the Agency refuses inclusion in the collateral pool:


No. p/p	Number of bank loan agreement	Reason for which the Agency refuses to include the non-market asset in the collateral pool
1	2	3
1.
2.
3.

Authorized official of the Agency

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Note: The signature of the authorized official of the Agency and the seal of the Agency are affixed on each page of the appendix to the notification.

Appendix 11

to the Rules on last resort loans

provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ from "__" ______ 20_ year

Notification of inclusion

non-market assets in the collateral pool

The Agency of the Republic of Kazakhstan for regulation and development of the financial market (hereinafter - the Agency), having considered the petition

(full name of the bank)

(hereinafter - the Bank) for pre-positioning of pledge from ______ 20 ___ year No. ___ in accordance with the Rules on last resort loans provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market from ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan from ______ 2024 year No. ___ notifies of inclusion in the collateral pool non-market assets specified in the appendix to this notification, with assignment of unique identification numbers.

Appendix: on ____ sheets

Authorized official of the Agency:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Note: The signature of the authorized official of the Agency and the seal of the Agency are affixed on each page of the appendix to the notification.

Appendix

to the notification of inclusion non-market assets in the collateral pool

No. ____ from ______ 20 ____ year

Form

List of non-market assets,

included by the Agency in the collateral pool:


No. p/p	Number of bank loan agreement
1	2
1.
2.
3.
…

Authorized official of the Agency:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Note: The signature of the authorized official of the Agency and the seal of the Agency are affixed on each page of the appendix to the notification.

Appendix 12

to the Rules on last resort loans

provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ from "__" ______ 20_ year

Petition for exclusion

non-market assets from the collateral pool

(full name of the bank)

(hereinafter - the Bank), in accordance with the Rules on last resort loans provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market from ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan from ______ 2024 year No. ___ requests to exclude the non-market assets specified in the appendix to this petition.

Appendix: on ___ sheets

First head of the Bank:

(position) (signature) (Surname, first name and patronymic (if any)

Note: The signature of the first head of the Bank is affixed on each page of the appendix to the petition.

Appendix

to the petition for exclusion of non-market assets from the collateral pool

No. ____ from ______ 20 ____ year

Form

List of non-market assets,

which the Bank requests to exclude from the collateral pool:


No. p/p	Identification number of the non-market asset which the Bank requests to exclude from the collateral pool	Reason for exclusion of the non-market asset from the collateral pool
1	2	3
1.
2.
3.

First head of the Bank

(position) (signature) (Surname, first name and patronymic (if any)

Note: The signature of the first head of the Bank is affixed on each page of the list.

Appendix 13

to the Rules on last resort loans

provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ from "__" ______ 20_ year

Notification of exclusion

non-market assets from the collateral pool

The Agency of the Republic of Kazakhstan for regulation and development of the financial market (hereinafter - the Agency) notifies

(full name of the bank)

(hereinafter - the Bank), that in accordance with the Rules on last resort loans provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market from ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan from ______ 2024 year No. ___ non-market assets specified in the appendix to this notification are excluded from the Bank's collateral pool.

Appendix: on ____ sheets

Authorized official of the Agency:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Note: The signature of the authorized official of the Agency and the seal of the Agency are affixed on each page of the appendix to the notification.

Appendix

to the notification of exclusion of non-market assets from the collateral pool

No. ____ from ______ 20 ____ year

Form

List of non-market assets,

excluded by the Agency from the collateral pool:


No. p/p	Identification number of the non-market asset	Reason for exclusion of the non-market asset from the collateral pool (in case if the non-market asset is excluded from the collateral pool on the basis of the Bank's petition for exclusion of non-market assets from the collateral pool, in this column the details of such Bank's petition are indicated.)
1	2	3
1.
2.
3.
…

Authorized official of the Agency:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Note: The signature of the authorized official of the Agency and the seal of the Agency are affixed on each page of the appendix to the notification.

Appendix 14

to the Rules on last resort loans

provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ from "__" ______ 20_ year

Petition for provision

of last resort loan

Hereby ______

(full name of the bank)

(specify the reason for the idiosyncratic liquidity shock)

requests to provide a last resort loan in the amount of ______

(amount in figures)

(amount in words)

tenge, for a term of calendar days.

Correspondent account opened in the National Bank of the Republic of Kazakhstan for the provision of the last resort loan:

No. ______ .

Hereby agree to the formation of collateral for the purpose of securing the fulfillment of obligations under the last resort loan in the manner provided for by the Rules, and confirm that the documents, information and/or data on non-market assets and information on the characteristics of non-market assets in the form according to Appendix 8 to the Rules, obtained by the bank from the authorized body according to subparagraph 3) of paragraph 49 of the Rules, or in the absence thereof according to subparagraph 3) of paragraph 32 of the Rules, are current.

The following are attached to this petition (in case of providing market assets as security for the fulfillment of obligations under the last resort loan):

documents confirming ownership and absence of restrictions and/or encumbrances on market assets;
information on the characteristics of market assets in the form according to Appendix 15 to the Rules.

Appendix: on ___ sheets

First head of the Bank:

(position) (signature) (Surname, first name and patronymic (if any)

Note: The signature of the first head of the Bank is affixed on each page of the information on the characteristics of market assets attached to this petition.

Appendix 15

to the Rules on last resort loans

provided by

the National Bank of the Republic

of Kazakhstan

Form


No. ______	from "____" ______ 20__ year

Information on the characteristics of market assets

Information on securities as of ______ 20 __


No. p/p	International identification number (ISIN code)	Classification of financial instrument	Short name of financial instrument	Type of security	Name of issuer	Quantity, pieces	Issue date	Start of circulation date	End of circulation date (if any)
1	2	3	4	5	6	7	8	9	10
1.
2.
…

continuation of the table


Denomination currency	Market value (expressed in denomination currency)	Market value, in tenge	Coupon, in percent	Rating (if any)	Basis for determining market value	Discount (for completion by the National Bank), in percent	Value with discount (for completion by the National Bank), in tenge
11	12	13	14	15	16	17	18

Appendix 16

To the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated “__” ______ 20_ year

Notification of Provision

of Last Resort Loan

The National Bank of the Republic of Kazakhstan (hereinafter – the National Bank), in accordance with the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan dated ______ 2024 year No. _, (hereinafter – the Rules) and the agreement on general terms of providing a last resort loan (hereinafter – the agreement on general terms of the loan), having considered the petition for providing a last resort loan dated ______ 20 year No.__, based on the resolution of the Board of the National Bank

dated ______ 20__ year No. ____ provides

(full name of the bank)

(hereinafter – the Bank) with a last resort loan in the amount

(amount in figures)

(amount in words)

tenge, for a term of __ calendar days at __ percent per annum.

The loan is provided by the National Bank by transferring funds to the correspondent account of the Bank opened at the National Bank and indicated in the petition for providing a last resort loan dated ______ 20___ year No. ______.

The term for repayment of the principal amount of the last resort loan is until: ______ 20__ year (inclusive).

The terms for payment of remuneration on the last resort loan, the terms of which are set out in this notification, are determined in accordance with the Rules, the agreement on general terms of the loan, and the last resort loan agreement (individual loan terms).

This notification is drawn up in 3 (three) copies, each of which has equal legal force. 1 (one) copy of the notification is sent to the Bank, 2 (second) copy is sent to the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan, the third copy is kept at the National Bank.

Attachment: on ____ pages

Authorized official of the National Bank:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Appendix 17

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated “__” ______ 20_ year

Notification of Refusal

of Providing a Last Resort Loan

Hereby, the National Bank of the Republic of Kazakhstan, having considered the petition of ______

(full name of the bank)

for providing a loan dated ______ 20__ year No.____ based on the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20 year No.__ notifies of the refusal to provide a last resort loan due to

(indicate the reason for refusal)

Authorized official of the National Bank of the Republic of Kazakhstan:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Appendix 18

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

Last Resort Loan Agreement

(individual loan terms)



Transaction Date				Bank

Issue Date			Principal Repayment Date

Loan Term	days		Remuneration Rate	%

Loan Amount	KZT		Principal Amount	KZT

Calculation Basis		30/360	Remuneration Amount	KZT

Other Terms:			Periodic Remuneration Payments	KZT
In accordance with the Agreement on General Terms of Providing a Last Resort Loan and the Notification of Adherence to the Agreement on General Terms of Providing a Last Resort Loan dated ______ 20 ___ No. ____.			Payment of remuneration on a loan provided for a term of up to 30 (thirty) calendar days is made simultaneously with the repayment of the entire principal amount, and for a loan for a term of more than 30 (thirty) calendar days – as of the first day of each subsequent month. When less than 30 (thirty) calendar days remain until the loan repayment date, payment of remuneration is made simultaneously with the repayment of the entire principal amount.

The last resort loan agreement (individual loan terms) is an integral part of the Agreement on General Terms of Providing a Last Resort Loan
National Bank of the Republic of Kazakhstan Settlement Instructions:				Bank Settlement Instructions:
BIN – BIK – IIC –				BIN – BIK – IIC (number of the correspondent account at the National Bank of the Republic of Kazakhstan) –

Deputy Chairman of the National Bank of the Republic of Kazakhstan Surname, first name and patronymic (if any) Signature Seal				Head of the Bank Surname, first name and patronymic (if any) Signature

Appendix 19

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated “__” ______ 20_ year

Notification of Termination of Obligations

under the Last Resort Loan

The National Bank of the Republic of Kazakhstan (hereinafter – the National Bank), in accordance with the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan dated ______ 2024 year No. ___, and the agreement on general terms of providing a last resort loan, notifies

(full name of the bank)

(hereinafter – the Bank) that the Bank's obligations under the last resort loan provided in accordance with the Last Resort Loan Agreement (individual loan terms) dated ______ 20___ year No. ___, are terminated

(partially, fully – write in the required option)

by the Bank transferring funds to the details of the National Bank in fulfillment of the Bank's obligations under the last resort loan in the amount of:

(amount in figures and words)

Authorized official of the National Bank:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Appendix 20

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated “__” ______ 20_ year

Petition for Extension

of the Last Resort Loan

Hereby ______

(full name of the bank)

(hereinafter – the Bank), in accordance with the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan dated ______ 2024 year No. ___, (hereinafter – the Rules) and the agreement on general terms of providing a last resort loan (hereinafter – the agreement on general terms of the loan), requests to extend the term for repayment of the last resort loan by _____ calendar days.

Repayment of the last resort loan cannot be made within the term specified in the Last Resort Loan Agreement (individual loan terms) dated ______ 20__ year No.___, due to

(indicate the reason for non-fulfillment of the funding plan)

In case of violation of the collateral condition of the last resort loan specified in paragraph 13 of the Rules and the agreement on general terms of the loan, the Bank hereby agrees to form collateral in order to secure the fulfillment of obligations under the last resort loan in the manner provided for by the Rules, and confirms that the documents, information and/or data on non-market assets and information on the characteristics of non-market assets in the form according to Appendix 8 to the Rules, obtained by the bank from the authorized body in accordance with sub-paragraph 3) of paragraph 50 of the Rules, or in the absence thereof in accordance with sub-paragraph 3) of paragraph 32 of the Rules, are current.

Attached to this petition (in case of providing market assets as collateral for the fulfillment of obligations under the last resort loan):

documents confirming ownership rights and the absence of restrictions and/or encumbrances on market assets;
information on the characteristics of market assets in the form according to Appendix 15 to the Rules.

Attachment: on ____ pages

Head of the Bank:

(position) (signature) (Surname, first name and patronymic (if any)

Note: The signature of the Head of the Bank is affixed on each page of the information on the characteristics of market assets attached to this petition.

Appendix 21

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated “__” ______ 20_ year

Notification of Extension

of the Last Resort Loan

The National Bank of the Republic of Kazakhstan (hereinafter – the National Bank), having considered the petition of ______

(full name of the bank)

(hereinafter – the Bank) dated ______ 20 ____ year No. ______ for the extension of the last resort loan, in accordance with the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan, approved by the joint resolution of the Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated ______ 2024 year No. ____ and the Board of the National Bank of the Republic of Kazakhstan dated ______ 2024 year No. ___ and the agreement on general terms of providing a last resort loan, based on the resolution of the Board of the National Bank dated ______ 20 ______ year No. ____ extends the term for repayment of the last resort loan under the last resort loan agreement dated ______ 20__ year by _____ calendar days at ______ percent per annum.

The term for repayment of the principal amount of the last resort loan

is until: ______20 ___ year (inclusive).

This notification is drawn up in 3 (three) copies, each of which has equal legal force. 1 (one) copy of the notification is transferred to the Bank, 2 (second) copy is transferred to the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan, the third copy is kept at the National Bank.

Attachment: on ___ pages

Authorized official of the National Bank:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

Appendix 22

to the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Form

No. _______ dated “__” ______ 20_ year

Notification of Refusal to Extend

the Last Resort Loan

Hereby, the National Bank of the Republic of Kazakhstan, having considered the petition of ______

(full name of the bank)

for the extension of the loan dated ______ 20___ year No. ____ based on the resolution of the Board of the National Bank of the Republic of Kazakhstan

dated ______ 20__ year No. ____ notifies of the refusal to extend the last resort loan due to ______

(indicate the reason for refusal)

Authorized official of the National Bank of the Republic of Kazakhstan:

(position) (signature) (Surname, first name and patronymic (if any)

Place of seal

On Amending the Joint Resolution of the Board of the National Bank of the Republic of Kazakhstan
dated May 5, 2020 No. 62 and the Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated May 5, 2020 No. 56 "On Approving the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan" ↑

Joint Resolution No. 87 and No. 85 of 24 December 2024 Amending the Rules on Last Resort Loans Provided by the National Bank of the Republic of Kazakhstan

Lineage: In force

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