Instruction on Maintaining the Database of Obligations of Banks, Housing Savings Credit Companies, and Microfinance Companies Attracting Deposits from Depositors

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Creation Date: 2025-02-19

Appendix

to the Resolution of the Board of the National Bank of the Kyrgyz Republic

of June 2, 2022 No. 2022-P-12/35-1-(NPA)

INSTRUCTION

on maintaining the database of obligations of a bank, housing savings credit company, microfinance company attracting deposits from depositors

(As amended by the Resolutions of the Board of the National Bank of the Kyrgyz Republic of December 14, 2022 No. 2022-P-12/78-10, December 8, 2023 No. 2023-P-12/76-1, March 13, 2024 No. 2024-P-12/10-3, October 31, 2024 No. 2024-P-12/58-2-(NPA))

Chapter 1. General Provisions

1. This Instruction on maintaining the database of obligations of a bank, housing savings credit company, microfinance company attracting deposits (hereinafter - the Bank) from depositors (hereinafter - the Instruction) is developed in accordance with the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)" and regulatory legal acts of the National Bank of the Kyrgyz Republic (hereinafter - the National Bank).

2. Banks operating on the basis of a license from the National Bank must maintain a database in accordance with this Instruction.

3. This Instruction uses definitions set out in the conceptual apparatus of the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)".

Chapter 2. Formation of the Database of Obligations of the Bank to Depositors

4. The Bank must create and continuously maintain an automated database for accounting for deposits (deposits) of individuals and individual entrepreneurs subject to compensation in accordance with the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)", including accounting for guaranteed compensation amounts for deposits (deposits) (hereinafter - the Database).

5. The Database is maintained by the Bank on a daily basis and is subject to summary reporting as of the 1st day of each month and on the date of the occurrence of a guarantee event, in accordance with the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)".

6. Information formed in accordance with this Instruction serves as the basis for determining and forming the amount subject to compensatory payment to the Bank's depositors in the event of a guarantee event.

Furthermore, the Database must be formed and provided by the Bank to determine the amount of funds subject to protection in the event of the Bank's restructuring in accordance with banking legislation requirements.

7. Formation of the Database in accordance with this Instruction provides that in the event of a guarantee event, the amount payable to the depositor is reduced by the amount of balances of overdue loans issued to the depositor and overdue guarantees provided by the Bank at the depositor's request, if there are no disputes or court proceedings regarding these overdue loans and guarantees (hereinafter - overdue counter-claims).

8. The Database must be formed in XML and XLS formats in accordance with Appendix 1 to this Instruction with the ability for automatic data export. At the same time, such basic criteria as accuracy, functionality, security, and reliability must be observed. In addition, general requirements for electronic databases and programs provided for by the regulatory legal acts of the National Bank of the Kyrgyz Republic must be observed.

9. The table "Information on deposits (deposits) of individuals and individual entrepreneurs placed in the Bank subject to compensation" (Appendix 1 to this Instruction) is filled out in accordance with the Procedure specified in Appendix 2.

10. Each Bank must appoint an employee responsible for verifying the Database for its correctness and compliance with the Instruction. On a quarterly basis, the responsible Bank employee must send a report on the results of the aforementioned verification to the Bank's management.

11. The Bank's management is responsible for the accuracy of the information reflected in the Database of the Bank's obligations to depositors.

Chapter 3. Final Provisions

12. In the event of a guarantee event, the temporary administrator/liquidator must provide information to the Deposit Protection Agency within 10 (ten) calendar days after the occurrence of the guarantee event regarding the deposits of individuals and individual entrepreneurs, calculated in accordance with the requirements of this Instruction, which are subject to compensation in accordance with the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)".

In cases where the Agency acts as the liquidator of the Bank and/or financial-credit organization, it forms information on depositors covered by the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)" within 10 (ten) calendar days after the occurrence of the guarantee event, in the form established by the Agency.

(As amended by the Resolution of the Board of the National Bank of the Kyrgyz Republic of March 13, 2024 No. 2024-P-12/10-3)

13. Based on the Database formed in accordance with the requirements of this Instruction, the Agency determines and forms the amounts subject to compensatory payment to depositors - individuals and individual entrepreneurs of the Bank in the event of a guarantee event.

14. In the event of a guarantee event, interest accrued on the deposit (deposit) but unpaid and not capitalized is calculated as of the date of the occurrence of the guarantee event. Accrual of such interest is carried out at the rate specified in the bank deposit contract, but cannot exceed the discount rate of the National Bank on the date of the occurrence of the guarantee event.

15. Payments to the depositor for guaranteed deposits are made in the order and on the terms provided for by the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)".

16. The obligations of the liquidated Bank to the depositor are reduced by the amount of payments made by the Agency in accordance with the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)". The remaining amount of the Bank's obligations to the depositor is subject to payment in accordance with the Law of the Kyrgyz Republic "On Banks and Banking Activity".

(As amended by the Resolution of the Board of the National Bank of the Kyrgyz Republic of December 14, 2022 No. 2022-P-12/78-10)

Appendix 1

to the Instruction on maintaining the database of obligations of a bank, housing savings credit company, microfinance company attracting deposits from depositors

INFORMATION

on placed _______________________________________ deposits (deposits) of individuals,

individual entrepreneurs subject to compensation

---

(name of the Bank)

(As amended by the Resolutions of the Board of the National Bank of the Kyrgyz Republic of March 13, 2024 No. 2024-P-12/10-3, October 31, 2024 No. 2024-P-12/58-2-(NPA))

No.

p/p

Full Surname, First Name and Patronymic of the depositor/holder of electronic money

Document certifying identity, No. and date of issue, issued by

No. of certificate/patent/decision of the tax authority on the application of tax payment in the zone of trade with a special regime

TIN

Address of residence of the depositor/holder of electronic money, phone number

Name and/or No. of the bank service contract (bank deposit, card account, etc.), loan/guarantee contract, contract/offer for the provision of electronic wallet services, date of conclusion of the contract

Currency type of the deposit, electronic wallet, overdue counter-claims

General Ledger Account Number

Account number of the deposit, card account, electronic wallet, loan debt, accrued interest on the deposit (deposit), accrued interest on the loan debt

Amount of deposited funds, as well as the amount of accrued interest on the deposit (deposit)

Amount of overdue counter-claims of the Bank to the depositor

Balance of obligations/claims of the Bank to the depositor after netting results

Balance of the Bank's obligations to the depositor after netting results in som equivalent

Amount of compensation payable to the depositor/holder of electronic money, but not more than the amount established by the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)" after netting results of overdue counter-claims of the depositor and the Bank

Balance of deposits (deposits), electronic wallets with accrued interest after payment of the compensation amount in som equivalent

Deposits (deposits), electronic wallets for which payments are suspended, regarding which there is a decision (resolution) on the imposition of a seizure by judicial and investigative bodies

No. of identity document

date of issue, issued by

amount of current balance of the deposit in the currency of the deposit/electronic wallet

amount of current balance of the deposit/electronic wallet in som equivalent

amount of accrued interest in the currency of the deposit/electronic wallet

amount of accrued interest on the deposit (deposit)/electronic wallet in som equivalent

total in som equivalent

amount of balance of claims on principal debt in the currency of the claim

amount of balance of claims on principal debt in som equivalent

amount of claims on accrued bank interest in the currency of the claim

amount of claims on accrued bank interest in som equivalent

total amount of overdue counter-claims of the Bank in som equivalent

information on disputes and court proceedings regarding overdue loans and guarantees of depositors

amount of balance of accrued interest in som equivalent after netting results

amount of balance of principal debt in som equivalent after netting results

total balance of obligations/claims in som equivalent

4-1

15=12+14

20=17+19

22=14+20

27=24-26

Example:

Ivanov Ivan Ivanovich

A1325465

19.08.02 Ministry of Internal Affairs of the Kyrgyz Republic

Bank Deposit Contract No. 50 dated 20.11.08

KGS

250000.00

5000.00

155000.00

5000.00

Ivanov Ivan Ivanovich

A1325465

19.08.02 Ministry of Internal Affairs of the Kyrgyz Republic

Bank Deposit Contract No. 51 dated 20.11.08

USD

2000.00

80000.00

100.00

4000.00

84000.00

4000.00

Ivanov Ivan Ivanovich

A1325465

19.08.02 Ministry of Internal Affairs of the Kyrgyz Republic

Bank Deposit Contract No. 52 dated 20.11.08

EUR

100.00

5000.00

5000.00

Ivanov Ivan Ivanovich

A1325465

19.08.02 Ministry of Internal Affairs of the Kyrgyz Republic

Bank Loan Contract No. 55 dated 05.12.08

EUR

-2500.00

-125000.00

-60.00

-3000.00

-128000.00

-128000.00

Total for the depositor

XXX

335000.00

XXX

9000.00

344000.00

XXX

-125000.00

XXX

-3000.00

-128000.00

-119000.00

216000.00

216000.00

216000.00

1000000.00

16000

XXX

Total for the Bank

Chairman of the Board of the Bank

---

Chief Accountant

---

Responsible Executive

---

Appendix 2

to the Instruction on maintaining the database of obligations of a bank, housing savings credit company, microfinance company attracting deposits from depositors

PROCEDURE

for filling out the tables "Information on deposits (deposits) of individuals placed in the Bank, housing savings credit company, microfinance company, and deposits of individual entrepreneurs placed in the Bank, housing savings credit company, microfinance company, subject to compensation" (hereinafter - the Table)

(As amended by the Resolutions of the Board of the National Bank of the Kyrgyz Republic of March 13, 2024 No. 2024-P-12/10-3, October 31, 2024 No. 2024-P-12/58-2-(NPA))

1. When filling out the table, column 1 indicates the sequential number of the Bank's, housing savings credit company's, microfinance company's depositor attracting deposits from depositors (hereinafter - the Bank).

2. Full information about the depositor must contain the following information and be reflected in columns 2, 3, 4, 5, 6, 7 respectively:

• full surname, first name and patronymic of the depositor, holder of electronic money in accordance with the identity document;

• details of the document certifying identity, including the document number and date of issue, issued by;

• TIN (if available, if not available, it is not filled);

• details of the document issued by the authorized body confirming the fact of state registration/re-registration (certificate) as an individual entrepreneur, or details of the document confirming the fact of engaging in entrepreneurial activity without state registration (patent or decision of the tax authority on the application of tax payment in the zone of trade with a special regime), in cases provided for by the legislation of the Kyrgyz Republic;

• full address of residence (registration) or place of stay of the depositor, holder of electronic money, phone number, fax, email address.

3. Column 7 contains data on the contracts of the depositor, holder of electronic money with the Bank both for the deposit (deposit) and for the loan (overdue counter-claims, if any), as well as for the provision of electronic wallet services, indicating the contract number and date of conclusion of the contract.

4. Column 8 indicates the type of currency according to the contract (USD, EUR, KGS, etc.).

5. Column 9 contains the account numbers of the deposit (deposit), accrued interest on the deposit (deposit)(1), overdue counter-claim and accrued interest on the overdue counter-claim. Accrued interest on the overdue counter-claim of the Bank to the depositor also includes accrued interest on loans with a non-accrual status; fines, penalties and other payments on the loan.

6. Column 10 separately lists the account number of the deposit (deposit), electronic wallet, accrued interest on the deposit (deposit), overdue counter-claim and accrued interest on the overdue counter-claim.

7. Data on balances of deposits, electronic money and accrued interest on the deposit (deposit), electronic money in foreign currencies are reflected in columns 11 and 13 respectively. Balance amounts in the table are reflected in currency units with two decimal places.

8. In the event that the rate specified in the bank deposit contract exceeds the discount rate of the National Bank on the date of the occurrence of the guarantee event, the amount of accrued interest in columns 13, 14 must be calculated at the discount rate of the National Bank on the date of the occurrence of the guarantee event, otherwise at the rate of the bank deposit contract.

Balances of deposits (deposits), electronic wallet and accrued interest on the deposit (deposit) in foreign currency are converted to som equivalent and reflected in columns 12 and 14.

9. In the event that the balances indicated in columns 11 and 13 are reflected in soms, they are immediately reflected in columns 12 and 14.

10. When filling out the column reflecting the som equivalent of foreign currency, the official rate of the National Bank in effect on the current operating day is applied.

11. Column 15 reflects the total sum of balances of deposits (deposits) and accrued interest on the deposit (deposit) in som equivalent; the total sum in column 15 must be equal to the sum of columns 12 and 14 in the total row.

12. Data on balances of overdue counter-claims of the Bank to the depositor are entered in columns 16 to 19 similarly to data on deposit balances. Balances of the Bank's claims to the depositor are reflected with a negative sign (-).

13. Column 20 reflects the total sum of overdue counter-claims of the Bank to the depositor in som equivalent. The total sum in column 20 must be equal to the sum of columns 17 to 19 in the total row.

13.1. Column 21 reflects information on disputes and court proceedings regarding overdue loans and guarantees of depositors.

If they exist, the Bank's overdue counter-claims are not subject to netting, i.e., columns 22 to 25 are not filled and, accordingly, columns 26, 27 are filled without taking into account overdue loans and guarantees.

In the event that there are no judicial disputes and court proceedings regarding overdue loans and guarantees of depositors, this column is not filled.

14. In the total row for each depositor, columns 22-25 reflect the amount of the Bank's obligation/claims as a result of netting. Netting is carried out based on total sums in som equivalent.

15. Initially, the total sum of the Bank's overdue counter-claims is offset against the total sum of accrued interest on the deposit (deposit), then against the total sum of deposit balances (deposits).

16. The total row for column 22 contains balances after netting the Bank's claims to the depositor with accrued interest on the deposit (deposit), in this case, column 22 is equal to the sum of columns 14 and 20.

17. Columns 23 and 24 are filled based on the results of netting the Bank's claims to the depositor with accrued interest on the deposit (deposit), in this case:

a) in the event that accrued interest on the deposit (deposit) covers the Bank's claims to the client, i.e., the sum of column 22 is positive (greater than or equal to zero), then column 23 will be equal to column 12, and column 24 is equal to the sum of columns 22 and 23;

b) in the event that the sum of accrued interest on the deposit (deposit) does not cover the Bank's claims to the client, i.e., the sum of column 22 is negative (less than zero), then column 23 is equal to the sum of columns 12 and 22, and column 24 is equal to column 23.

18. Column 25 is a transit column and is filled as follows:

a) in the event that the depositor's claims to the Bank exceed his obligations to the Bank, i.e., the sum in the total row for column 24 is positive, then column 25 is equal to column 24;

b) if the depositor's claims to the Bank are less than his obligations to the Bank, i.e., the sum of column 24 is negative, then column 25 is equal to zero.

19. If as a result of netting the Bank still has claims to the depositor (the total sum in column 24 is negative), then columns 26, 27 are not filled.

20. Column 26 in the total row reflects the compensation amount in soms. The total sum subject to compensation for all deposits, the client's electronic wallet must not exceed the compensation amount provided for by the Law of the Kyrgyz Republic "On Protection of Bank Deposits (Deposits)".

21. The balance of deposits and accrued interest on the deposit (deposit), the client's electronic wallet is reflected in the total row for column 27 and is calculated as the difference between the sums of columns 24 and 26. Column 27 is filled only if the sum of claims to the Bank indicated in column 24 is greater than the compensation amount indicated in column 26.

22. Total sums for the Bank as a whole are filled for columns 12, 14, 15, 17, 19, 20, 22-27, which must be equal to the sum of all total sums for the Bank's branches.

23. Column 28 must reflect information: when, by which judicial or investigative body, a decision (resolution) was made to impose a seizure on the deposits, electronic wallets of individuals or individual entrepreneurs.

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(1) Accrual of interest on deposits (deposits) is carried out in accordance with the Bank's internal accounting policy.

Contacts

Public Reception

+996 (312) 61-04-86 +996 (312) 66-90-15 +1257, +1256

Consumer Rights Protection Department

+996 (312) 66-90-15 +1671, +1666

Report Corruption

+996 (312) 66-90-15 +2120 +996 (312) 61-04-00

Auto-informant of official currency rates

+996 (312) 61-07-11

Numismatic Museum

+996 (312) 66-90-15 +1232 +996 (312) 61-24-14

E-mail

mail@nbkr.kg

For Media Relations

press@nbkr.kg

720010, Kyrgyz Republic, Bishkek, Kievskaya St., 189