Rule · CBAR · 19 Apr 2024
The Central Bank of the Republic of Azerbaijan has issued standardized application forms to streamline the licensing process for banking, insurance, securities, investment fund, and payment service entities. These forms mandate the submission of detailed questionnaires documenting shareholder relations, beneficial ownership, and civil impeccability alongside core financial and operational data. Applicants must complete the appropriate initial appeal or permit application based on their institutional structure to secure regulatory approval for domestic operations or foreign branches.
Form № 1
To the Central Bank of the Republic of Azerbaijan INITIAL APPEAL concerning the issuance of licenses for activities of a bank, insurance (reinsurance), securities market licensee, joint stock investment fund or investment fund management, as well as a local branch of a foreign bank or a foreign investment company
1. Information on the founded (established) institution:
1.1. Name _____________________________________________________________________
1.2. Address and zip code _______________________________________________________
1.3. Contact number ____________________________________________________________
1.4. E-mail address (if any) ______________________________________________________
1.5. Date and number of the decision of the founding meeting (please specify the name of the
governing body that made the decision to establish a local branch of a foreign bank or a foreign investment company, the date and number of the decision) _______________________________________________________________________________
2. If a foreign bank or a foreign investment company is a part of any holding (group of
companies), the name and address of that holding (group of companies), as well as the names and addresses of persons with qualifying holding in other organizations included in the holding (group of companies), officers of these persons – if an individual, his/her last and first names; if a legal entity, its name and address (when applying for a license to operate a local subsidiary bank of a foreign bank or a foreign bank holding company, as well as a branch of a foreign bank or a foreign investment company) _______________________________________________________________________________
3. Name, address and TIN of the manager, the depository of the fund, which will manage
the joint-stock investment fund (when applying for a license of a joint-stock investment fund or investment fund management activities) _______________________________________________________________________________
4. Name of the external auditor to perform an audit review in the joint-stock investment
fund or the manager, the name of the authority that issued the relevant license, the registration number, and the date of issue of the license (when applying for a license of a joint-stock investment fund or investment fund management activities) ________________________________________________________________________________
5. Core and ancillary services to be provided as part of the license (when applying for
investment company (a branch of a foreign investment company) activities) ________________________________________________________________________________
6. Types of markets in which to organize trading for stock exchange activity (when applying
for a stock exchange license)
________________________________________________________________________________ I kindly request that you review the initial appeal for the issuance of a license for _________________________________________________________________________________ The name of the activity in financial markets
7. In accordance with Articles 8.2 and 9.3 of the Law of the Republic of Azerbaijan ‘on
Banks’, Article 44 of the ‘Law on Insurance Activity’, Articles 66 and 71.3 of the ‘Law on the Securities Market’ and Article 36 of the ‘Law on Investment Funds’, the application is attached with the following documents and information, as well as the document confirming the authority of the signatory of the initial appeal:
№ Document name Number of copies
Number of pages
Note
Note:
1. If the relevant information is required by law, that information in the form of a
questionnaire of an individual (legal entity) founder (participant), the manager and other individuals holding positions, and persons engaged in independent expert activities in insurance, relations between shareholders (participants), and the beneficiary owner, as well as civil impeccability information is submitted.
2. When a bank (a local branch of a foreign bank) makes an initial appeal to obtain an
investment service (operation) license, the name of the bank (the local branch of a foreign bank), the information on core and ancillary investment services to be provided as part of the license and the documents under Article 74-2 of the ‘Law on the Securities Market’ are presented.
8. Date of application ____________________________________________________________
(Day, month, year)
9. Authorized person ___________________________________________
Last, first, middle names
I, the undersigned, hereby acknowledge the accuracy of the information within this application and all attached documents. I certify, to the best of my knowledge, that they are both accurate and complete. Signature _______________________
Form № 2
To the Central Bank of the Republic of Azerbaijan FINAL APPEAL concerning the issuance of licenses for activities of a bank, insurance (reinsurance), securities market licensee, joint stock investment fund or investment fund management, as well as a local branch of a foreign bank or a foreign investment company
1.2. Legal address and zip code
1.3. State registration date and number (TIN)
1.4. Current account number and the name of the bank the account is held with (when the
appeal is made by an insurer (reinsurer), an investment company, a local branch of a foreign investment company, a stock exchange, a clearing house, an investment fund depository, a joint-stock investment fund or an investment fund manager):
1.5. Contact number
1.6. E-mail address
№ Document name Number of copies
Number of pages
Note
Note: When a bank (a local branch of a foreign bank) makes a final appeal to obtain an investment service (operation) license, Parts 1.1 and 2 of this Form are completed and the documents specified in Article 74-3 of the ‘Law on the Securities Market’ are presented in accordance with Part 3 of the Form.
4. Date of application_______________________________________________________________
(Day, month, year)
5. Authorized person ________________________________________________
Last, first, middle names
I, the undersigned, hereby acknowledge the accuracy of the information within this application and all attached documents. I certify, to the best of my knowledge, that they are both accurate and complete. Signature _________________________ STAMP
Form № 3
To the Central Bank of the Republic of Azerbaijan APPLICATION concerning the issuance of a permit to open a foreign branch, representative office of a local bank, insurer (reinsurer), investment company
1.4. Contact number ______________________________________________________________
1.5. E-mail address _______________________________________________________________
2. Name of the decision-making body to open a foreign branch/representative office, the date
and number of the decision
Form № 4
To the Central Bank of the Republic of Azerbaijan APPLICATION concerning the issuance of a permit to open a local representative office of a foreign bank, investment company, investment fund or investment fund manager
1.4. Contact number ______________________________________________________________
1.5. E-mail address _______________________________________________________________
2. Name of the decision-making body to open a foreign branch/representative office, the date
and number of the decision _________________________________________________________ I kindly request to permit to open a foreign branch/representative office.
3. The application is attached with the following documents and information in accordance
with Article 12.2 of the Law of the Republic of Azerbaijan ‘on Banks’, Article 73.2 of the Law of the Republic of Azerbaijan ‘on the Securities Market’ and Article 42.2 of the Law of the Republic of Azerbaijan ‘on Investment Funds’, as well as the document confirming the authority of the signatory of the application:
№ Document name Number of copies
Number of pages
Note
4. Date of application
_________________________________________________________________________________ (Day, month, year)
5. Authorized person _____________________________________________
Position, last, first, middle names
I, the undersigned, hereby acknowledge the accuracy of the information within this application and all attached documents. I certify, to the best of my knowledge, that they are both accurate and complete. Signature _________________________ STAMP
Form № 5
To the Central Bank of the Republic of Azerbaijan APPLICATION for obtaining licenses for granting loans by non-bank credit institutions, as well as legal entity insurance intermediation activities
Form № 6
To the Central Bank of the Republic of Azerbaijan APPLICATION for obtaining a license for activities of a payment institution, electronic money institution, and payment system operator, as well as for acquiring payment institution status and inclusion in the register of a legal entity seeking to exclusively engage in account information services
1. Applicant information:
1.1. Name _______________________________________________________________________
1.2. Legal address and zip code_____________________________________________________
1.3. State registration date and number (TIN)_________________________________________
1.4. Contact number ______________________________________________________________
1.5. E-mail address _______________________________________________________________
2. Types of payment services to be provided under a payment institution and an electronic
money institution license
_________________________________________________________________________________ I kindly request to issue a license for the provision of the payment services specified in Part 2 of this Application/acquire payment institution status and be included to the register to exclusively engage in account information services.
3. The following documents and information ate attached with the Application in
accordance with Articles 49.2, 52.1, 55.1, 57.1 and 59.2 of the Law of the Republic of Azerbaijan ‘on Payment Services and Payment Systems’:
№ Document name Number of copies Number of pages Note Note:
1. If relevant information is required by law, that information in the form of a
questionnaire of an individual (legal entity) founder (participant), the manager and other individuals holding positions, as well as persons engaged in independent expert activities in the insurance field, relations between shareholders (participants), and the beneficial owner, as well as civil impeccability information is submitted.
2. This Application Form also applies to the local branch of a foreign payment
institution or foreign electronic money institution, as well as to the local branch of a foreign operator.
4. Date of application ____________________________________________________________
(Day, month, year)
5. Authorized person ____________________________________________
Position, last, first, middle names
I, the undersigned, hereby acknowledge the accuracy of the information within this application and all attached documents. I certify, to the best of my knowledge, that they are both accurate and complete. Signature _______________________ STAMP
Form № 7
To the Central Bank of the Republic of Azerbaijan APPLICATION for obtaining a permit for expanding investment services (operations) or markets where the stock exchange trades
Form № 8
To the Central Bank of the Republic of Azerbaijan QUESTIONNAIRE of an individual founder (participant)
Income earned over recent five years
Year Total income for the year Source of income
Employment (primary and secondary)
a) Please provide the following information about your primary and secondary jobs in chronological order (starting with your most recent employment). Organization name Position Period of employment Reason for leaving the job Primary or secondary job a) Type and duration of independent employment _________________________________________________________________________________
Last, first and middle names used or changed
Please provide all other former last, first, and middle names, along with the reasons for their change and the periods of use (maiden name, last names from previous marriages, legally changed last names, etc.). Last, first, middle names Period of use Reasons for change
Family members
a) Close relatives (spouses, parents, including in-laws, grandparents, children, the adopted (adoptees), siblings):
Last, first, middle names Date of birth Kinship Out of them last, first, middle names, positions of those employed with the supervised entity __________________________________________________________________________________ Information about whether they have a conviction or not_______________________________ Date of conviction and the article of criminal law______________________________________
Education
Name of the educational institution
Period of education Qualification
Series and number of the diploma or education certificate Education level The number and date of the certificate for the recognition of foreign countries' higher education qualifications (in the absence of a
relevant educational document on higher education received within the country)
18. Business reputation and other information
a) Are you currently under prosecution?
Name of the legal entity and period of your activities with that entity _________________________________________________________________________________ d) Have you been dismissed or released from your position by the decision of any authority and (or) employer?
g) other individuals you have business relations with:
Individual’s last, first, middle names
Nature of business relations
Information about whether they have a conviction or not_______________________________ Date of conviction and the article of criminal law______________________________________ h) Do you have politically exposed person status?
Yes
No
Please specify your status____________________________________________________ I) Are you a close relative of politically exposed persons?
Yes
No
Please specify the politically exposed person, your status and kinship ________________________________________________________________________________ j) Are you a close associate of politically exposed persons?
Yes
No
Please specify the politically exposed person, your status and kinship ________________________________________________________________________________ k) Have you been engaged in any type of licensed (permit required) activity in the past or currently?
Yes
No
Type of licensed (permit required) activity
________________________________________________________________________________ l) Has your license (permit) been revoked?
Yes
No
Grounds for license (permit) revocation
_________________________________________________________________________________ m) If you possess any additional information that confirm that you are a fit and proper person or your expertise, please specify _________________________________________________________________________________ n) Have you any financial liability in relation to the supervised entity in which you have qualifying holding?
Yes
No
Information about financial liability
_________________________________________________________________________________ I acknowledge the accuracy of the information provided in this Questionnaire and undertake to promptly inform the Central Bank of any changes to that information. Note:
Form № 9
To the Central Bank of the Republic of Azerbaijan QUESTIONNAIRE of the legal entity founder (participant)
Information on related parties of the securities market licensee, as well as of the legal
entity founder of the joint stock investment fund or the manager № Name and TIN of the legal entity, which is a related party to the legal entity / last, first, middle names of the individual Grounds for being a related party under Article 49-1.1 of the Civil Code of the Republic of Azerbaijan
Rating issued by international rating organizations to qualifying holding owner in
an insurer or reinsurer which is a foreign legal entity ________________________________
If applicable, information on qualifying holding of the founder/participant which
owns qualifying holding in other legal entities № Name and address of the legal entity or a foreign legal entity Activity type Participation share (%) Participation share amount (AZN)
Information on qualifying holding of other legal entities and individuals in
authorized capital of the qualifying holding owner founder/participant № Name and address of the legal entity/individual’s last, first, middle names Activity type Participation share (%) Participation share amount (AZN) The information relevant to Part 5, Article 62.6.1.4 of the Law of the Republic of Azerbaijan ‘on the Securities Market’ and Article 28.5.1.4.5 of the Law of the Republic of Azerbaijan ‘on Investment Funds’ is included to this part of the Questionnaire. ______________________________________________________________________________
Is the qualifying holding owner founder in the bank a part of a group of companies?
Yes
No
_________________________________________________________________________________ Type of criminal-legal action and the article of the criminal law providing for the application of such an action/Date of declaring bankrupt
Yes
No
The article of the criminal law under which criminal prosecution is conducted __________________________________________________________________________________ b) Has he/she been found guilty of committing any administrative offense resulting from entrepreneurial or professional activity, as well as non-performance or improper performance of duties by the decision of a court or other body in the last 5 years?
Yes
No
Date of the decision and the name and nature of the administrative offence ________________________________________________________________________________ c) Is he/she currently involved as a party in court proceedings for civil cases and commercial disputes?
Yes
No
Information about as which subject you are participating in the proceedings and the type of claim _______________________________________________________________________________ d) Has he/she been involved in the processes of determining the legal entity's activity strategy and decision-making before the date of the decision on liquidation or bankruptcy in a legal entity that was compulsorily liquidated or declared bankrupt due to the deterioration of the financial situation?
Yes
No
Name of the legal entity and the duration of your activity in that entity _________________________________________________________________________________ d) Has he/she been dismissed or released from his/her position by the decision of any authority and (or) employer?
Yes
No
Name of the decision-making authority and (or) employer, the date of the decision and the reason for your dismissal ________________________________________________________________________________ e) Please specify information on legal entities or foreign legal entities he/she participates in. № Name of the legal entity or the foreign legal entity Participation share (%) Participation share amount (AZN) f) Please specify the following information about legal entities (limited liability company, joint-stock company, business partnership, etc.) in which he/she is the member of the supervisory board (board of directors), executive body, revision commission, audit committee, or employee or other head of the internal audit service (unit). № Name and address of the legal entity Activity type Position Period from to g) Business partners Individuals who are other founders or beneficiary owners in the legal entity or foreign legal entity they participate in (whether they are founders or beneficiary owners):
Last, first, middle names of founders and/or beneficiary owners Name of the legal entity or foreign legal institution Participation share (%) Information about whether they have a conviction or not________________________________
Date of conviction and the article of criminal law_______________________________________ g) Individuals with whom he/she is in other business relations:
Individual’s last, first, middle names Nature of business relations Information about whether they have a conviction or not________________________________ Date of conviction and the article of criminal law_______________________________________ h) Is he/she a politically exposed person?
_______________________________________________________________________________ I acknowledge the accuracy of the information provided in this Questionnaire and undertake to promptly inform the Central Bank of any changes to that information. Note:
Form № 10
To the Central Bank of the Republic of
Azerbaijan
QUESTIONNAIRE of the founder of the legal entity insurance broker and the legal entity exclusively engaged in insurance agent activities (For individual founders)
a) Type and duration of independent employment _________________________________________________________________________
12. If any, information on founder’s shares in other legal entities
№ Name and address of the legal entity or the foreign legal entity Activity type Participation share (%) Participation share amount (AZN)
13. Information on foreign individuals
a) Have you been engaged in insurance intermediation activities in the past or currently?
Form № 11
To the Central Bank of the Republic of Azerbaijan QUESTIONNAIRE of the founder of the legal entity insurance broker and the legal entity exclusively engaged in insurance agent activities (For legal entity founders)
_______________________________________________________________________________ I acknowledge the accuracy of the information provided in this Questionnaire and undertake to promptly inform the Central Bank of any changes to that information. Note:
Form № 12
To the Central Bank of the Republic of Azerbaijan Information on relations between shareholders (participants)
Note:
Form № 13
To the Central Bank of the Republic of Azerbaijan Beneficiary owner information
Beneficiary owner name_______________________________________________________
(Last, first, middle names)
Date of birth __________________________________________________________________
(Day, month, year)
Place of birth __________________________________________________________________
(Country, city/district)
PIN (if not applicable, the type and number of an identity document) _______________
Citizenship ____________________________________________________________________
Registration address ____________________________________________________________
(Country, city, district, street, house, apartment, zip code)
Residential address (if different from the residential address)
________________________________________________________________________________ (Country, city, district, street, house, apartment, zip code)
Contact number ____________________ ___________________ __________________
(home) (work) (GSM)
E-mail address(es) (if any) _____________________________________________________
Grounds for being a beneficiary owner:
a) qualifying holding amount, weight in authorized capital (%) and source of funds channeled to the acquisition of the share ________________________________________________________________________________ b) other grounds/ influence options ______________________________________________
Last, first and middle names used or changed
Please provide all other former last, first, and middle names, along with the reasons for their change and the periods of use (maiden name, last names from previous marriages, legally changed last names, etc.). Last, first, middle names Period of use Reasons for change
Family members
Close relatives (spouses), parents, including in-laws, grandparents, the adopted (adoptees), siblings):
Last, first, middle names Date of birth Kinship Out of them last, first, middle names, positions of those employed with the relevant supervised entity, if a shareholder in the supervised entity, his/her last, first, middle names and the volume of share ______________________________________________________________________________ Information about whether they have a conviction or not______________________________ Date of conviction and the article of criminal law_____________________________________
Education
Name of the educational institution
Period of education
Qualification
Series and number of the diploma or education certificate Education level The number and date of the certificate for the recognition of foreign countries' higher education qualifications (in the absence of a relevant educational document on higher education received within the country)
Employment (primary and secondary) and activities
a) Please provide the following information about your primary and secondary jobs in chronological order (starting with your most recent employment Organization name Position Period of employment Reason for leaving the job Primary or secondary employment b) Type and duration of independent employment _______________________________________________________________________________
Civil impeccability information
a) Does he/she have criminal conviction?
b) Has he/she ever been held criminally responsible for committing grave or particularly grave crimes related to property and economic activities in the past?
The article of the criminal law under which criminal prosecution is conducted _______________________________________________________________________________ b) Is he/she currently involved as a party in court proceedings for civil cases and commercial disputes?
legal entity f) Please specify the following information about legal entities (limited liability company, joint-stock company, business partnership, etc.) in which he/she is the member of the supervisory board (board of directors), executive body, revision commission, audit committee, or employee or other head of the internal audit service (unit). № Legal entity name and address Activity type Position Period From To g) Business partners Individuals who are other founders or beneficiary owners with qualifying holding in the legal entity or foreign legal entity they participate in (please specify whether they are founders or beneficiary owners):
Last, first and middle names of founders and/or beneficiary owners Name of the legal entity or the foreign legal entity Participation share (%) Information about whether they have a conviction or not_______________________________ Date of conviction and the article of criminal law______________________________________ h) Individuals with whom he/she is in other business relations:
Individual’s last, first, middle names
Nature of the business relation
Information about whether they have a conviction or not_______________________________ Date of conviction and the article of criminal law______________________________________ I) Is he/she a politically exposed person?
j) Is he/she a close relative of politically exposed persons?
Yes
No
Please specify the politically exposed person, his/her status, and kinship ______________________________________________________________________________ k) Is he/she a close associate of politically exposed persons?
Yes
No
Please specify the politically exposed person, his/her status, and kinship _______________________________________________________________________________ l) Has he/she been engaged in any type of licensed (permit required) activity in the past or currently?
Yes
No
Type of licensed (permit required) activity
______________________________________________________________________________ m) Has his/her license (permit) been revoked?
Yes
No
Grounds for the license (permit) revocation
______________________________________________________________________________ n) Does the beneficiary owner have any financial liability in relation to the supervised entity he/she relates to?
Yes
No
Information on the financial liability
______________________________________________________________________________ o) Income earned over recent five years Year Total income on the year Source of income Note:
Form № 14
To the Central Bank of the Republic of Azerbaijan Civil impeccability information
Date of being declared bankrupt ___________________________________________________
7. Have you had any past or present criminal dealings with individuals with whom you
share a common interest that fails to meet the civil impeccability requirements listed in Parts 3-6 of this Information Form?
Form № 15
To the Central Bank of the Republic of Azerbaijan QUESTIONNAIRE for managers and other persons holding positions, as well as persons engaged in independent insurance expert activities
________________________________________________________________________ d) time of commencing the performance of duties ________________________________________________________________________ e) reasons for replacement if there was a previous replacement for this position ________________________________________________________________________
11. Last, first and middle names used or changed.
Please provide all other former last, first, and middle names, along with the reasons for their change and the periods of use (maiden name, last names from previous marriages, legally changed last names, etc.). Last, first, middle names Period of use Reasons for change
12. Family members
Close relatives (spouses), parents, including in-laws, grandparents, the adopted (adoptees), siblings):
Last, first, middle names Date of birth Kinship Out of them last, first, middle names, positions of those employed with the relevant supervised entity, if a shareholder (participant) in the supervised entity, his/her last, first, middle names and the volume of share ______________________________________________________________________________ Information about whether they have a conviction or not______________________________ Date of conviction and the article of criminal law_____________________________________
13. Education
Name of the educational institution
Period of education
Qualification
Series and number of the diploma or education certificate Education level Number and date of the certificate for recognition of foreign countries' higher education qualifications (in the absence of a relevant educational document on higher education received within the country)
Yes
No
The article of the criminal law under which criminal prosecution is conducted_______________________________________________________________________ b) Have you been found guilty of committing any administrative offense resulting from entrepreneurial or professional activity, as well as non-performance or improper performance of duties by the decision of a court or other body in the last 5 years?
Yes
No
Date of the decision and the name and nature of the administrative offence _________________________________________________________________________ c) Are you currently acting in civil and commercial litigation, including as a counterparty to the supervised entity to which you are appointed?
Yes
No
Information about as which subject you are participating in the proceedings and the type of claim ____________________________________________________________________ d) Have you been involved in the processes of determining the legal entity's activity strategy and decision-making before the date of the decision on liquidation or bankruptcy in a legal entity that was compulsorily liquidated or declared bankrupt due to the deterioration of the financial situation?
Yes
No
Legal entity name, your position and period of employment _______________________________________________________________________________ e) Have you been dismissed or released from your position by the decision of any authority and (or) employer?
Yes
No
Name of the decision-making authority and (or) employer, the date of the decision and the reason for your dismissal _______________________________________________________________________________ f) Please specify the legal entities or foreign legal entities you participated in. № Name of the legal entity or the foreign legal institution Participation share (%) Participation share amount (AZN) g) Please specify the following information about legal entities (limited liability company, joint-stock company, business partnership, etc.) in which he/she is the member of the supervisory board (board of directors), executive body, revision commission, audit committee, or employee or other head of the internal audit service (unit).
№ Legal entity name and address
Activity type Position Period
From To h) Business partners
Individuals who are other founders or beneficiary owners of the legal entity or foreign legal entity you participate in (please specify whether they are founders or beneficiary owners):
First, last, and middle names of founders and/or beneficiary owners Name of a legal entity or a foreign legal entity Participation share (%) Information about whether they have a conviction or not_______________________ Date of conviction and the article of criminal law______________________________ I) other individuals you have business relations with:
Individual’s last, first and middle names
Nature of business relations
Information about whether they have a conviction or not_______________________ Date of conviction and the article of criminal law______________________________ j) Do you have politically exposed person status?
Yes
No
Please specify your status__________________________________________________ k) Are you a close relative of politically exposed persons?
Yes
No
Please specify the politically exposed person, his/her status, and kinship _______________________________________________________________________________ l) Are you a close associate of the politically exposed person?
Yes
No
Please specify the politically exposed person, his/her status, and kinship ________________________________________________________________________________ m) Have you been engaged in any type of licensed (permit required) activity in the past or currently?
Yes
No
Type of licensed (permit required) activity
______________________________________________________________________________ n) Has your license (permit) been revoked?
Yes
No
Grounds for license (permit) revocation
________________________________________________________________________________ o) If you possess any additional information that confirm that you are a fit and proper person or your expertise, please specify. _______________________________________________________________________________ p) Do you have any financial liabilities against the supervised entity you are nominated to?
Yes
No
Please specify your financial liability
______________________________________________________________________________ I acknowledge the accuracy of the information provided in this Questionnaire and undertake to promptly inform the Central Bank of any changes to that information. Note:
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