«REPUBLIC OF KAZAKHSTAN
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STATE INSTITUTION
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РЕСПУБЛИКИ КАЗАХСТАН»

RESOLUTION OF THE BOARD OF DIRECTORS ПОСТАНОВЛЕНИЕ СОВЕТА ДИРЕКТОРОВ

4 May 2019
Almaty city
No. 35 city of Almaty

On introducing amendments and additions to the resolution of the Board of Directors of the National Bank of the Republic of Kazakhstan dated 31 May 2017 No. 83 «On approval of the Model Accession Agreements for servicing a correspondent account in the national currency, in the national currency with users of the interbank money transfer system and in foreign currency with the National Bank»

In accordance with the Law of the Republic of Kazakhstan dated 26 July 2016 «On payments and payment systems» and the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 209 «On approval of the Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations» (registered in the Register of state registration of normative legal acts under No. 14336), the Board of Directors of the National Bank of the Republic of Kazakhstan

RESOLVES:

1. To introduce to the resolution of the Board of Directors of the National Bank of the Republic of Kazakhstan dated 31 May 2017 No. 83 «On approval of the Model Accession Agreements for servicing a correspondent account in the national currency, in the national currency with users of the interbank money transfer system and in foreign currency with the National Bank» the following amendments and additions:

to supplement with paragraph 1-1 reading as follows:

«1-1. The Model Agreement provided for in paragraph 1 of this resolution does not apply to central (national) banks.».

In the Model Accession Agreement for servicing a correspondent account in the national currency, approved by the said resolution:

in paragraph 2.1:

subparagraph 4) shall be set out in the following wording:

«4) make payments and (or) money transfers within the amount of the balance of money in the correspondent account within the time limits established by the legislation of the Republic of Kazakhstan, the terms of the Agreement and the Operating Day Schedule of the National Bank (hereinafter - the Schedule) posted on the official internet resource of the National Bank (www.nationalbank.kz), unless the terms of such instruction establish a later time limit for its execution;»;

subparagraphs 12) and 13) shall be set out in the following wording:

«12) in the event of independently establishing or receiving written notification from the Client about erroneous execution of an instruction or an unauthorized payment and (or) money transfer, make a refund of the amount of money to the Client of the erroneously executed instruction or unauthorized payment and (or) money transfer in the manner established by the legislation of the Republic of Kazakhstan;

13) in the event of a change in the Schedule, as well as the types and amounts of fees for services provided by the National Bank (hereinafter - Tariffs) posted on the official internet resource of the National Bank (www.nationalbank.kz), notify the Client in writing no later than 10 (ten) business days before the day of their entry into force.»;

in paragraph 2.3:

subparagraph 7) shall be set out in the following wording:

7) withdraw money from the correspondent account on the basis of payment claims submitted by the National Bank within the framework of contracts/agreements (including those in which the National Bank acts as a trustee managing clients' assets) concluded with the Client, specified in the Application for consent to write off money from a bank account;****»;

paragraph 3.1. shall be excluded;

paragraph 4.2 shall be excluded;

to supplement with a footnote reading as follows:

«**** in the Application for consent to write off money from a bank account, indicate the name and BIN of the National Bank, as well as the name and details of contracts (agreements) confirming the Client's monetary obligation to the National Bank.».

In the Model Accession Agreement for servicing a correspondent account in the national currency with users of the interbank money transfer system, approved by the said resolution:

in paragraph 2.1:

subparagraph 4) shall be set out in the following wording:

«4) make payments and (or) money transfers within the amount of the balance of money in the correspondent account within the time limits established by the legislation of the Republic of Kazakhstan, the terms of the Agreement and the Operating Day Schedule of the National Bank (hereinafter - the Schedule) posted on the official internet resource of the National Bank (www.nationalbank.kz), unless the terms of such instruction establish a later time limit for its execution;»;

subparagraphs 14) and 15) shall be set out in the following wording:

«14) in the event of independently establishing or receiving written notification from the Client about erroneous execution of an instruction or an unauthorized payment and (or) money transfer, make a refund of the amount of money to the Client of the erroneously executed instruction or unauthorized payment and (or) money transfer in the manner established by the legislation of the Republic of Kazakhstan;

15) in the event of a change in the Schedule, as well as the types and amounts of fees for services provided by the National Bank (hereinafter - Tariffs) posted on the official internet resource of the National Bank (www.nationalbank.kz), notify the Client in writing no later than 10 (ten) business days before the day of their entry into force.»;

in paragraph 2.3:

subparagraph 9) shall be set out in the following wording:

«9) withdraw money from the correspondent account on the basis of payment claims submitted by the National Bank within the framework of contracts/agreements (including those in which the National Bank acts as a trustee managing clients' assets) concluded with the Client, specified in the Application for consent to write off money from a bank account;****»;

paragraph 3.1. shall be excluded;

paragraph 4.2 shall be excluded;

to supplement with paragraph 7.1.1. reading as follows:

«7.1.1. Paragraphs 4.1, 4.4, 6.2, 7.4, 7.7 apply to Islamic banks in accordance with the principles of Islamic finance.»;

to supplement with a footnote reading as follows:

«**** in the Application for consent to debit money from a bank account, specify the name and BIN of the National Bank, as well as the name and details of the contracts (agreements) confirming the Client's monetary obligation to the National Bank.».

in the Standard Accession Agreement for servicing a correspondent account in foreign currency, approved by the said resolution:

in paragraph 2.1:

subparagraph 4) shall be stated in the following wording:

«4) make payments and (or) money transfers within the amount of the balance of money in the correspondent account within the timeframes established by the legislation of the Republic of Kazakhstan, the terms of the Agreement and the Operating Day Schedule of the National Bank (hereinafter – the Schedule), posted on the official internet resource of the National Bank (www.nationalbank.kz), unless the terms of such instruction establish a later deadline for its execution;»;

subparagraphs 11) and 12) shall be stated in the following wording:

«11) in the case of independently establishing or receiving written notification from the Client about erroneous execution of an instruction or unauthorized payment and (or) money transfer, make a refund of the amount of money to the Client of the erroneously executed instruction or unauthorized payment and (or) money transfer in the manner established by the legislation of the Republic of Kazakhstan;

12) in the case of changes to the Schedule, as well as the types and amounts of fees for services provided by the National Bank (hereinafter – Tariffs), posted on the official internet resource of the National Bank (www.nationalbank.kz), notify the Client in writing no later than 10 (ten) business days before the day of their entry into force.»;

in paragraph 2.3:

subparagraph 4) shall be stated in the following wording:

«4) withdraw money from the correspondent account on the basis of payment claims submitted by the National Bank within the framework of contracts/agreements (including those in which the National Bank acts as a trustee managing clients' assets) concluded with the Client, specified in the Application for consent to debit money from a bank account;****»;

paragraph 3.1. shall be excluded;

paragraph 3.3 shall be stated in the following wording:

«3.3. The following are carried out through the correspondent account:

• interbank payments and (or) money transfers;

• payments and (or) money transfers of legal entities serviced by the Client to their bank accounts (from their bank accounts) with the National Bank;

• payments and (or) money transfers where one of the parties to the payment is a state organization.

Upon receipt of an instruction to transfer money in favor of the Client in a currency in which the Client does not have a correspondent account, credit the amount to the Client's correspondent account in tenge, calculated using the official exchange rate established by the National Bank.»;

paragraphs 4.2 shall be excluded;

supplement with paragraphs 7.1.1. and 7.1.2. with the following content:

«7.1.1. Paragraphs 4.1, 4.4, 6.2, 7.4, 7.7 apply to Islamic banks in accordance with the principles of Islamic finance.

7.1.2. Paragraph five of paragraph 3.3 applies to operations carried out through the correspondent account by the temporary administration for managing banks (temporary bank manager).»;

supplement with a footnote with the following content:

«**** in the Application for consent to debit money from a bank account, specify the name and BIN of the National Bank, as well as the name and details of the contracts (agreements) confirming the Client's monetary obligation to the National Bank.».

2. The Monetary Operations Accounting Department (Baimukanov Zh.S.) shall post this resolution on the official internet resource of the National Bank of the Republic of Kazakhstan.

3. This resolution enters into force upon the expiration of ten calendar days after the day of its posting on the official internet resource of the National Bank of the Republic of Kazakhstan.

4. Control over the execution of this resolution1 shall be assigned to the Deputy Chairman of the National Bank of the Republic of Kazakhstan Galiyeva D.T.

Chairman of the National Bank
E. Dosayev

True:
Chief Specialist-Secretary of the Board of Directors of the NBK M. Saitova

[1] On amending and supplementing the resolution of the Board of Directors of the National Bank of the Republic of Kazakhstan dated 31 May 2017 No. 83 «On approval of Standard Accession Agreements for servicing a correspondent account in national currency, in national currency with users of the interbank money transfer system and in foreign currency with the National Bank»