2008-05-28 | 130007The National Bank of the Kyrgyz Republic issued this Regulation to establish the framework for direct banking supervision as a corrective measure for commercial banks, payment system operators, and payment organizations facing financial instability or regulatory violations. The document details the procedures for appointing controllers, defines specific grounds for intervention such as unresolved financial problems or sanctions risks, and outlines the powers of supervisory committees to restrict operations and mandate capitalization. It further specifies the responsibilities of bank management and controllers to ensure the preservation of depositor interests and the stability of the financial system.
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Date of creation: 2026-01-28
Approved
by the resolution of the Board of the National Bank of the Kyrgyz Republic
of May 28, 2008 No. 22/4
REGULATION
on direct banking supervision
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of April 25, 2012 No. 18/9, July 11, 2012 No. 29/6, November 16, 2012 No. 43/1, September 25, 2013 No. 35/16, April 27, 2016 No. 19/5, June 15, 2017 No. 2017-P-12/25-12, August 15, 2018 No. 2018-P-33/33-8, August 14, 2019 No. 2019-P-12/42-1, March 27, 2020 No. 2020-P-14/17-3, December 23, 2020 No. 2020-P-33/73-13, July 14, 2021 No. 2021-P-12/38-3, December 28, 2022 No. 2022-P-12/83-6, January 17, 2024 No. 2024-P-12/1-3, December 19, 2025 No. 2025-P-12/68-2-(NPA))
1.1. This Regulation applies to commercial banks licensed by the National Bank (hereinafter - bank(s)).
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of January 17, 2024 No. 2024-P-12/1-3)
1.2. This Regulation also applies to JSC "Financial Company of Credit Unions" (hereinafter - FC CU), credit bureaus, guarantee funds, microfinance organizations attracting deposits, and credit unions attracting deposits from participants and/or having debt to the FC CU (hereinafter - bank(s)), in part not contradicting regulatory legal acts regulating the activities of these organizations, as well as taking into account their specifics, in accordance with the Law of the Kyrgyz Republic "On Credit Unions".
This Regulation also applies to payment system operators (hereinafter - PSO) and payment organizations (hereinafter - PO) licensed by the National Bank, in part not contradicting regulatory legal acts regulating the activities of these organizations, as well as taking into account their specifics, in accordance with the Law of the Kyrgyz Republic "On the Payment System of the Kyrgyz Republic".
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of November 16, 2012 No. 43/1, June 15, 2017 No. 2017-P-12/25-12, March 27, 2020 No. 2020-P-14/17-3, December 23, 2020 No. 2020-P-33/73-13, December 28, 2022 No. 2022-P-12/83-6)
1.3. Direct banking supervision is a measure of impact applied in conditions where there is a threat to the stable and reliable operation of a bank, for the timely adoption of necessary measures to improve its financial condition, early detection and prevention of aggravation of problems that may lead to deterioration and instability of the bank's position, as well as for better study of the financial condition, accounting and reporting status, and for other purposes determined by the National Bank.
Direct banking supervision is also a measure of impact applied to PSOs/POs to ensure effective and uninterrupted functioning of the payment system and control over the conduct of PO operations in fulfillment of their current financial obligations.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3)
1.4. The main tasks of direct banking supervision are closer study and analysis of the solvency of the bank/PO, the quality of management of the bank/activities of the PSO/PO, and any other areas of activity that carry potential risk of deterioration; targeted and operational monitoring and control of operations on-site, in accordance with the powers established by the Supervisory Committee of the National Bank (hereinafter - SC) and the Payment System Committee (hereinafter - PSC), control over the execution of all measures prescribed by the National Bank and developed by the bank/PSO/PO themselves to improve the financial condition and position, as well as to ensure stable and uninterrupted system operation.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3)
2.1. The decision to introduce direct banking supervision in a bank is made by the SC; for PSOs/POs, the decision is made by the PSC.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3)
2.2. To perform the tasks of direct banking supervision, the SC/PSC sends an authorized employee/authorized employees of the National Bank to the bank/PSO/PO. In case several authorized employees are sent to the bank/PSO/PO (hereinafter - controller group), a leader is appointed (hereinafter - leader of the controller group). In case one authorized employee is sent to the bank/PSO/PO (hereinafter - controller), he performs the functions of the leader of the controller group (if applicable).
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3)
2.2.1. Depending on the grounds for introducing direct banking supervision, the number and composition of the controller group are determined.
In accordance with the goals and reasons for introducing direct banking supervision, the scope of tasks and direct responsibilities for which controllers/controller groups are responsible are determined.
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of July 11, 2012 No. 29/6, April 27, 2016 No. 19/5)
2.2.2. When carrying out direct banking supervision, to control the conduct of payment operations of the bank/PSO/PO, authorized employees of structural subdivisions, regional departments/representative offices of the National Bank in the Batken region, and employees of the bank/PSO/PO possessing sufficient experience and knowledge of operations conducted in banks/PSOs/POs may be involved if necessary.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of July 14, 2021 No. 2021-P-12/38-3)
2.3. The resolution of the SC/PSC on introducing direct banking supervision must specify:
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of July 14, 2021 No. 2021-P-12/38-3)
2.4. On the day of introducing direct banking supervision, the responsible structural subdivision of the National Bank sends to the Board of the Bank/Head of the PSO/PO or the person acting in their stead, an extract from the resolution of the SC/PSC on introducing direct banking supervision, containing the full preamble and operative part of the resolution of the SC/PSC.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3)
2.5. (Lost force in accordance with the resolution of the Board of the National Bank of the Kyrgyz Republic of July 14, 2021 No. 2021-P-12/38-3)
2.5.1. The leader of the controller group is responsible for:
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3)
2.5.2. The leader of the controller group, with the agreement of the SC, may delegate powers to control the activities of a bank branch to a bank employee possessing sufficient experience and knowledge in banking activities.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of July 11, 2012 No. 29/6)
2.6. When carrying out direct banking supervision involving control over the bank's clearing and cash operations, the SC has the right to establish:
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of July 14, 2021 No. 2021-P-12/38-3)
2.6-1. When carrying out direct banking supervision involving control over the activities of PSOs/POs, the PSC has the right:
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3)
2.6-2. The controller/controller group may, if necessary, coordinate a decision on temporary suspension of certain clearing and cash operations of the bank with an authorized person of the National Bank within 3 (three) working days. The specified term may be extended additionally by 3 (three) working days if necessary.
This requirement does not apply to cases of suspension of operations (transactions) in accordance with legislation norms in the field of counteracting financing of criminal activities and legalization (money laundering) of criminal proceeds (hereinafter - AML/CFT).
In case of suspension of an operation (transaction) due to suspicion that the operation (transaction) is related to legalization (money laundering) of criminal proceeds, suspension of such operation (transaction) is carried out in the order established by legislation in the field of AML/CFT.
The bank is obliged to provide comprehensive assistance to the controller/controller group for the purpose of taking operational and correct decisions on conducting clearing and cash operations.
In case of suspension by the controller/controller group of certain clearing and cash operations of the bank, the bank bears the costs/losses incurred in connection with such suspension.
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of July 14, 2021 No. 2021-P-12/38-3, December 19, 2025 No. 2025-P-12/68-2-(NPA))
2.7. No later than the day of introducing direct banking supervision and appointing the controller/controller group who will control the bank's/PSO's/PO's operations on-site, an authorized employee of the National Bank provides the organization regarding which direct banking supervision is introduced with samples of signatures of controllers recorded in the SC/PSC resolution. When conducting settlements through the remote service system, the PO must provide the controller/leader of the controller group with the approver function in the remote service system for conducted settlements. In case of absence of such possibility, the bank servicing the PO must inform the controller/leader of the controller group about conducted operations through remote service systems during the introduction of direct banking supervision (this clause must be included in the contract signed between the PO and the bank). Signatures of officials of the bank/PSO/PO are considered invalid in the absence of the controller's signature, the sample of which is in the SC/PSC resolution.
Presence of the controller's signature on a document for a coordinated operation means the controller's acquaintance with the intention of the bank/PSO/PO to conduct the operation and consent to its conduct in accordance with requirements established by the corresponding resolution of the SC/PSC.
Responsibility for compliance of conducted operations with the requirements of the legislation of the Kyrgyz Republic, including regulatory legal acts of the National Bank, is fully borne by the bank/PSO/PO.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of July 14, 2021 No. 2021-P-12/38-3)
2.8. The SC/PSC establishes the term during which direct banking supervision is carried out in the bank/PSO/PO, and also determines the frequency of reports submitted by the board of the bank/head of the PSO/PO and the leader of the controller group to the corresponding structural subdivision of the National Bank and the SC/PSC. The SC/PSC, based on the results of consideration of reports and/or information of the corresponding structural subdivision of the National Bank, has the right to extend or cancel (early) the action of direct banking supervision.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of July 14, 2021 No. 2021-P-12/38-3)
2.9. The board of the bank/head of the PSO/PO or the person acting in their stead is obliged to notify all shareholders (founders) of the bank/PSO/PO of the introduction of direct banking supervision within 10 days from the moment of its introduction.
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3)
2.10. The management of the bank/PSO/PO, upon introduction of direct banking supervision, bears full responsibility for execution of the resolution of the SC/PSC, including requirements for coordination of operations with the controller/controller group. In case of non-fulfillment of the requirements of the resolution of the SC/PSC, measures of impact may be applied to the management of the bank/PSO/PO in accordance with regulatory legal acts of the National Bank.
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3, July 14, 2021 No. 2021-P-12/38-3)
3.1. The National Bank has the right to introduce direct banking supervision in cases where there are no sufficient grounds for appointing a temporary administration to the bank or revoking the license for conducting banking operations.
Grounds for introducing direct banking supervision are:
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of April 27, 2016 No. 19/5, June 15, 2017 No. 2017-P-12/25-12, August 14, 2019 No. 2019-P-12/42-1, December 19, 2025 No. 2025-P-12/68-2-(NPA))
3.1-1. The National Bank has the right to introduce direct banking supervision over the activities of PSOs/POs in cases:
Grounds for introducing direct banking supervision in PSOs/POs may also serve:
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No. 2020-P-14/17-3, December 19, 2025 No. 2025-P-12/68-2-(NPA))
3.2. Actions of the bank and/or its officials that are considered risky and may negatively affect the stable and reliable condition of the bank, as well as create potential threat to interests of depositors and other creditors, include in particular:
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of July 11, 2012 No. 29/6, December 28, 2022 No. 2022-P-12/83-6)
3.3. In case of potential threat to interests of depositors and other creditors, direct banking supervision is introduced for the purpose of preventing possible negative consequences for the financial condition of the bank. In addition to cases indicated in clause 3.2 of this Regulation, potential threat to interests of depositors and other creditors arises, for example, when:
(As amended by resolutions of the Board of the National Bank of the Kyrgyz Republic of April 27, 2016 No. 19/5, August 14, 2019 No. 2019-P-12/42-1, December 28, 2022 No. 2022-P-12/83-6, December 19, 2025 No. 2025-P-12/68-2-(NPA))
4.1. The SC of the National Bank, taking into account the grounds for introducing direct banking supervision, the financial condition and specifics of the bank, as well as other factors and circumstances that influence or may influence the position of the bank, has the right to establish upon introduction and at any moment during the process of carrying out direct banking supervision:
4.1-1. The PSC, taking into account the grounds for introducing direct banking supervision, the financial condition and specifics of the PSO/PO, as well as other factors and circumstances that influence or may influence the efficiency and reliability of the payment system, has the right to establish upon introduction and at any moment during the process of carrying out direct banking supervision:
(As amended by the resolution of the Board of the National Bank of the Kyrgyz Republic of March 27, 2020 No.