Rule · NBKR · 26 Apr 2017 · 8-586
Commercial banks must not participate in National Bank of the Kyrgyz Republic operations while in Temporary Administration or Liquidation. Banks must maintain sufficient correspondent account funds for Notes of the National Bank auctions, with bids annulled for insufficient funds and partial payments prohibited. Clients must return erroneously credited amounts within one working day, paying a 0.1% daily penalty for delays. Both parties must submit required reporting forms timely and provide authorized signatory lists within two working days of contract signing. These amendments to March 28, 2013 resolutions enter into force on June 22, 2017.
NATIONAL BANK OF THE KYRGYZ REPUBLIC
RESOLUTION
of April 26, 2017 No. 17/3
On Amendments and Additions to Certain Regulatory Legal Acts of the National Bank of the Kyrgyz Republic
In accordance with Articles 7 and 43 of the Law of the Kyrgyz Republic "On the National Bank of the Kyrgyz Republic", the Board of the National Bank of the Kyrgyz Republic
RESOLVES:
"On Approval of the Regulation 'On the Procedure for Conducting Repo Operations by the National Bank of the Kyrgyz Republic with Government Securities of the Kyrgyz Republic' dated March 28, 2013 No. 10/10;
"On Approval of the Regulation 'On the Procedure for Conducting Deposit Operations in National Currency by the National Bank of the Kyrgyz Republic' dated March 28, 2013 No. 10/11;
"On Approval of the Regulation 'On the Procedure for Conducting Currency Swap Operations by the National Bank of the Kyrgyz Republic' dated March 28, 2013 No. 10/13;
On Approval of the Regulation 'On the Procedure for Conducting Operations for the Purchase of Government Securities of the Kyrgyz Republic by the National Bank of the Kyrgyz Republic in the Secondary Market on Outright Conditions (Rediscount Operation)' dated March 28, 2013 No. 10/14;
"On Approval of the Rules 'On the Procedure for Determining Official Exchange Rates of Foreign Currencies against the Kyrgyz Som' dated March 28, 2013 No. 10/15;
"On Approval of the Rules 'On Trading in the Interbank Foreign Exchange Market through the Automated Trading System of the National Bank of the Kyrgyz Republic' dated March 28, 2013 No. 10/16;
"On Approval of the Rules 'On Trading in Government Securities in the Secondary Market through the Automated Trading System of the National Bank of the Kyrgyz Republic' dated March 28, 2013 No. 10/17;
"On Approval of the Regulation 'On the Overnight Credit of the National Bank of the Kyrgyz Republic' dated March 28, 2013 No. 10/7;
"On Approval of the Regulation 'On the Intraday Credit of the National Bank of the Kyrgyz Republic' dated March 28, 2013 No. 10/8;
"On Approval of the Regulation 'On the Procedure for Placement, Re-offering, Additional Placement, Reverse Repurchase and Settlement with Government Securities of the Government of the Kyrgyz Republic through the National Bank of the Kyrgyz Republic' dated June 26, 2013 No. 20/1;
"On Approval of the Regulation 'On the Procedure for Conducting Credit Auctions by the National Bank of the Kyrgyz Republic for Refinancing and Liquidity Support Purposes' dated November 27, 2013 No. 45/13;
"On Approval of the Regulation 'On the 7-Day Credit of the National Bank of the Kyrgyz Republic' dated January 29, 2014 No. 2/5;
"On Approval of the Regulation 'On the Provision of Credits by the National Bank of the Kyrgyz Republic to International Organizations Established by the Kyrgyz Republic Jointly with Other States within the Framework of the Eurasian Economic Union' dated August 19, 2015 No. 45/1;
"On Approval of the Regulation 'On the Procedure for Placement, Reverse Repurchase and Settlement with Government Treasury Bonds of the Government of the Kyrgyz Republic Denominated in Foreign Currency through the National Bank of the Kyrgyz Republic' dated April 27, 2016 No. 19/13;
"On Approval of the Regulation 'On the Issue, Placement, Circulation and Redemption of Notes of the National Bank of the Kyrgyz Republic' dated March 28, 2013 No. 10/6.
This Resolution shall enter into force on June 22, 2017.
The Legal Department:
publish this Resolution on the official website of the National Bank of the Kyrgyz Republic;
after official publication, send this Resolution to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State Register of Regulatory Legal Acts of the Kyrgyz Republic.
The Department of Monetary Operations shall bring this Resolution to the attention of commercial banks, the Social Fund of the Kyrgyz Republic, the State Accumulative Pension Fund under the Social Fund of the Kyrgyz Republic, the Agency for the Protection of Deposits of the Kyrgyz Republic, CJSC "Central Depository", corresponding structural subdivisions of the National Bank of the Kyrgyz Republic, regional departments, and the representative office of the National Bank of the Kyrgyz Republic in the Batken Region.
Control over the execution of this Resolution shall be entrusted to the Deputy Chairman of the National Bank of the Kyrgyz Republic N. Zhenish.
| Chairman | T. Abdygulov |
| Appendix to the Resolution of the Board of the National Bank of the Kyrgyz Republic dated April 26, 2017 No. 17/3 |
AMENDMENTS AND ADDITIONS in certain regulatory legal acts of the National Bank of the Kyrgyz Republic
in the Regulation "On the Procedure for Conducting Repo Operations by the National Bank of the Kyrgyz Republic with Government Securities of the Kyrgyz Republic", approved by the aforementioned Resolution:
throughout the text of the Regulation and Appendix 1, replace the words "Law of the Kyrgyz Republic 'On the Conservation, Liquidation and Bankruptcy of Banks'" in various cases with the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'" in the corresponding cases;
rephrase paragraph 2 as follows:
"2. The National Bank conducts repo operations in accordance with the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'.";
in the sixth paragraph of paragraph 16, replace the words "(conservation, rehabilitation, rehabilitation, voluntary or forced liquidation, restructuring and reorganization)" with the words "(Temporary Administration, Bank Liquidation)";
in paragraph 9.5 of Appendix 1:
in the third paragraph, replace the words "temporary management, appointed" with the words "Temporary Administration, appointed";
rephrase the fifth paragraph as follows:
"- recognition by the court of the Participant as bankrupt;".
in the Regulation "On the Procedure for Conducting Deposit Operations in National Currency by the National Bank of the Kyrgyz Republic", approved by the aforementioned Resolution:
throughout the text of the Regulation and Appendix 1, replace the words "Law of the Kyrgyz Republic 'On the Conservation, Liquidation and Bankruptcy of Banks'" in various cases with the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'" in the corresponding cases;
rephrase paragraph 2 as follows:
"2. The National Bank conducts deposit operations in national currency (hereinafter - deposit operation) in accordance with the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity' and the Civil Code of the Kyrgyz Republic.";
in the fifth paragraph of paragraph 14, replace the words "(conservation, rehabilitation, rehabilitation, voluntary or forced liquidation, restructuring and reorganization)" with the words "(Temporary Administration, Bank Liquidation)";
in paragraph 8.5 of Appendix 1:
in the third paragraph, replace the words "temporary management, appointed" with the words "Temporary Administration, appointed";
rephrase the fifth paragraph as follows:
"- recognition by the court of the Participant as bankrupt;".
in the Regulation "On the Procedure for Conducting Currency Swap Operations by the National Bank of the Kyrgyz Republic", approved by the aforementioned Resolution:
throughout the text of the Regulation and Appendix 1, replace the words "Law of the Kyrgyz Republic 'On the Conservation, Liquidation and Bankruptcy of Banks'" in various cases with the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'" in the corresponding cases;
rephrase paragraph 2 as follows:
"2. The National Bank conducts currency swap operations in accordance with the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'.";
in the seventh paragraph of paragraph 16, replace the words "(conservation, rehabilitation, rehabilitation, voluntary or forced liquidation, restructuring and reorganization)" with the words "(Temporary Administration, Bank Liquidation)";
in paragraph 8.5 of Appendix 1:
in the third paragraph, replace the words "temporary management, appointed" with the words "Temporary Administration, appointed";
rephrase the fifth paragraph as follows:
"- recognition by the court of the Participant as bankrupt;".
in the Regulation "On the Procedure for Conducting Operations for the Purchase of Government Securities of the Kyrgyz Republic by the National Bank of the Kyrgyz Republic in the Secondary Market on Outright Conditions (Rediscount Operation)", approved by the aforementioned Resolution:
throughout the text of the Regulation and Appendix 1, replace the words "Law of the Kyrgyz Republic 'On the Conservation, Liquidation and Bankruptcy of Banks'" in various cases with the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'" in the corresponding cases;
rephrase paragraph 2 as follows:
"2. The National Bank conducts rediscount operations in accordance with the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'.";
in the first paragraph of paragraph 11, replace the words "(conservation, rehabilitation, rehabilitation, voluntary or forced liquidation, restructuring and reorganization)" with the words "(Temporary Administration, Bank Liquidation)";
in paragraph 8.5 of Appendix 1:
in the third paragraph, replace the words "temporary management, appointed" with the words "Temporary Administration, appointed";
rephrase the fifth paragraph as follows:
"- recognition by the court of the Participant as bankrupt;".
in the Rules for Determining Official Exchange Rates of Foreign Currencies against the Kyrgyz Som by the National Bank of the Kyrgyz Republic, approved by the aforementioned Resolution:
"2. The National Bank determines official exchange rates of foreign currencies against the som in accordance with the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'.".
in the Rules for Trading in the Interbank Foreign Exchange Market through the Automated Trading System of the National Bank of the Kyrgyz Republic, approved by the aforementioned Resolution:
throughout the text of the Rules and Appendix 1, replace the words "Law of the Kyrgyz Republic 'On the Conservation, Liquidation and Bankruptcy of Banks'" in various cases with the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'" in the corresponding cases;
in the ninth paragraph of paragraph 14, replace the words "(conservation, rehabilitation, rehabilitation, voluntary or forced liquidation, restructuring and reorganization)" with the words "(Temporary Administration, Bank Liquidation)";
in paragraph 10.5 of Appendix 1:
in the third paragraph, replace the words "temporary management, appointed" with the words "Temporary Administration, appointed";
rephrase the fifth paragraph as follows:
"- recognition by the court of the Bank as bankrupt;".
in the Rules for Trading in Government Securities in the Secondary Market through the Automated Trading System of the National Bank of the Kyrgyz Republic, approved by the aforementioned Resolution:
throughout the text of the Rules, replace the words "Law of the Kyrgyz Republic 'On the Conservation, Liquidation and Bankruptcy of Banks'" in various cases with the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'" in the corresponding cases;
in the eighth paragraph of paragraph 15, replace the words "(conservation, rehabilitation, rehabilitation, voluntary or forced liquidation, restructuring and reorganization)" with the words "(Temporary Administration, Bank Liquidation)".
in the Regulation "On the Overnight Credit of the National Bank of the Kyrgyz Republic", approved by the aforementioned Resolution:
in paragraph 2, replace the words "in accordance with Articles 5 and 28 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic'" with the words "in accordance with Articles 18 and 53 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'";
rephrase the third paragraph of paragraph 15 as follows:
"- not be in Temporary Administration mode. A Bank in Temporary Administration mode may be granted an overnight credit upon the decision of the Board of the National Bank;";
in the preamble, replace the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' (and Order No. ___ dated )" with the words "Order of the National Bank of the Kyrgyz Republic '' dated ______ No. ___";
rephrase the fifth paragraph of paragraph 9.3 as follows:
"- recognition by the court of the Bank as bankrupt;";
in section 10 "Legal Addresses and Details of the Parties", replace the words and numbers "720040 Kyrgyz Republic, Bishkek, Umetalieva St., 101" with the words and numbers "720001, Kyrgyz Republic, Bishkek, Chuy Ave., 168".
in the Regulation "On the Intraday Credit of the National Bank of the Kyrgyz Republic", approved by the aforementioned Resolution:
in paragraph 2, replace the words "in accordance with Articles 5 and 28 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic'" with the words "in accordance with Articles 18 and 53 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'";
rephrase the third paragraph of paragraph 17 as follows:
"- not be in Temporary Administration mode. A Bank in Temporary Administration mode may be granted an intraday credit upon the decision of the Board of the National Bank;";
in the preamble, replace the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' (and Order No. ___ dated )" with the words "Order of the National Bank of the Kyrgyz Republic '' dated ______ No. ___,";
rephrase the fifth paragraph of paragraph 8.4 as follows:
"- recognition by the court of the Bank as bankrupt;".
in the Regulation "On the Procedure for Placement, Re-offering, Additional Placement, Reverse Repurchase and Settlement with Government Securities of the Government of the Kyrgyz Republic through the National Bank of the Kyrgyz Republic", approved by the aforementioned Resolution:
"1. This Regulation determines the procedure for the National Bank of the Kyrgyz Republic (hereinafter - the National Bank) to carry out operations for the placement, re-offering, additional placement, reverse repurchase and settlement with government securities of the Government of the Kyrgyz Republic (hereinafter - GCB), issued by the Ministry of Finance of the Kyrgyz Republic (hereinafter - Ministry of Finance, Issuer) on the territory of the Kyrgyz Republic.";
in paragraph 30, replace the words "(temporary management, conservation)" with the words "(Temporary Administration)";
in Appendix 1:
in the preamble, replace the words "in the person of the Deputy Chairman ____, acting on the basis of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order No. ___ dated ______ 20" with the words "in the person of , acting on the basis of the Order of the National Bank of the Kyrgyz Republic '' dated ______ No. ___";
in the section "Details of the Parties":
replace the words and numbers "Bishkek, Umetalieva St. 101" with the words and numbers "720001, Bishkek, Chuy Ave., 168";
exclude the words "Deputy Chairman";
in the preamble of Appendix 1-1, replace the words "in the person of the Deputy Chairman ______, acting on the basis of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity' and Order dated ______ No. ___" with the words "in the person of , acting on the basis of the Order of the National Bank of the Kyrgyz Republic '' dated ______ No. ___";
rephrase paragraph 6.2 of Appendix 1-1 as follows:
"6.2. The Client is obliged to return to the National Bank the erroneously credited amount within 1 working day from the moment of receiving the notification of the National Bank about the erroneously credited amount. In case of non-return of the erroneously credited amount, the Client pays a penalty to the National Bank for each day of delay in the amount of 0.1% of the erroneously credited amount.";
in the preamble, replace the words "in the person of the Deputy Chairman ____, acting on the basis of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order No. ___ dated ______ 20" with the words "in the person of , acting on the basis of the Order of the National Bank of the Kyrgyz Republic '' dated ______ No. ___";
in the section "Details of the Parties":
replace the words and numbers "720040, Bishkek, Umetalieva St. 101" with the words and numbers "720001, Bishkek, Chuy Ave., 168".
in the Regulation "On the Procedure for Conducting Credit Auctions by the National Bank of the Kyrgyz Republic for Refinancing and Liquidity Support Purposes", approved by the aforementioned Resolution:
throughout the text of the Regulation, replace the words "non-banking financial-credit institution" in various cases with the words "non-banking financial-credit organization" in the corresponding cases;
throughout the text of the Regulation and Appendices, replace the abbreviation "NFKU" with the abbreviation "NFKO";
in paragraph 2, replace the words "in accordance with Articles 5, 20 and 28 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic'" with the words "in accordance with Articles 18, 25 and 53 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'";
in paragraph 4, replace the words "from 1 to 6 months" with the words ", determined by the Board of the National Bank";
in paragraph 18, replace the words "- 6 months" with the words "determined by the Board of the National Bank";
in paragraph 22, replace the words "- 3 months" with the words "determined by the Board of the National Bank";
in paragraph 24, replace the words "by their insiders" with the words "persons associated with the Bank";
rephrase the ninth paragraph of paragraph 29 as follows:
"- not be in Temporary Administration mode, voluntary and forced liquidation. A Bank in Temporary Administration mode may participate in a credit auction for liquidity support under a pledge of government securities and/or non-cash foreign currency in the form of rights to monetary funds, held in an interest-free deposit account in the National Bank, upon the decision of the Board of the National Bank;";
in paragraph 36, replace the words "Umetalieva St., 101" with the words "Chuy Ave., 168";
in paragraph 61, replace the words "on the next working" with the words "no later than the next working day";
in paragraph 75, exclude the words "for a term of no more than 6 months";
in paragraph 76, exclude the words "for a term of 6 months";
rephrase the second sentence of paragraph 79 as follows:
"Payment of accrued interest for the use of credit is made by the Bank on a monthly basis in accordance with the Credit Agreement";
in Appendix 1 to the Regulation:
in the preamble of the General Agreement on Credit Auctions, replace the words "Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order No. ___ dated ______" with the words "Order of the National Bank of the Kyrgyz Republic dated ______ No. ___";
in paragraph 2.6, replace the words "by its insiders" with the words "related to the Bank";
in paragraph 2.17, replace the words "on the next working" with the words "no later than the next working day";
rewrite the second sentence of paragraph 4.1 as follows:
"Payment of accrued interest for the use of a loan is made by the Bank on a monthly basis in accordance with the Credit Agreement";
in paragraph 6.1, delete the words "for a period of no more than 6 months";
in paragraph 6.2, delete the words "for a period of 6 months";
in section 11 "Legal Addresses and Details of the Parties", replace the words "101 Umetalieva St." with the words "168 Chuy Ave.";
in Appendix 4 to the General Agreement on Credit Auctions:
in the preamble of the Credit Agreement, replace the words "of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order No. ___ dated ______" with the words "of the Order of the National Bank of the Kyrgyz Republic dated ______ No. ___";
rewrite paragraph 2.5 as follows:
"2.5. The interest rate for the use of a loan is set at ______ (in words) percent per annum, for the entire period specified in paragraph 2.1 of this Credit Agreement. Payment of accrued interest for the use of a loan is made by the Bank monthly, according to the established repayment schedule (Appendix 1 to this Credit Agreement), which is an integral part of this credit agreement.";
rewrite paragraph 2.6 as follows:
"2.6. Interest is accrued from the date of providing the loan (excluding this date) to the date of repayment of the loan (including this date) on the actual loan balance based on 365 days in a year and the actual number of days in a month.";
in paragraph 3.1, replace the words "by its insiders" with the words "related to the Bank";
in section 6 "Legal Addresses, Details and Signatures of the Parties" of the Credit Agreement, replace the words "101 Umetalieva St." with the words "168 Chuy Ave.";
rewrite Appendix 3 "Report on the State of the Credit Portfolio Issued from the Funds of the NBKR within the Framework of Credit Auctions" to the Credit Agreement as follows:
| "Appendix 3 to the Credit Agreement dated "_" ______ 20 No. ___ |
Monthly by the 5th of the following month
Form 2. Report on the State of the Credit Portfolio Issued from the Funds of the NBKR within the Framework of Credit Auctions
date
bank
in som/percent
| Auction Code | Total Volume of Loans Issued by Industry | Outstanding Balance of Loans at the Beginning of the Period | Outstanding Balance of Loans at the End of the Period | Volume of Repayments by Bank Borrowers | Volume of New Loans Issued by the Bank | Bank's Debt to NBKR at the End of the Period | Amount of NBKR Repayment | ||||||||||||||
| industry | agriculture | transport, communication and services | trade and commerce | construction | tourism sector | lending to NBFIs | |||||||||||||||
| amount | avg. weighted rate | amount | avg. weighted rate | amount | avg. weighted rate | amount | avg. weighted rate | amount | avg. weighted rate | amount | avg. weighted rate | amount | avg. weighted rate | ||||||||
| 1 | 2 | 3 | 4 | 5 (3-4+6) | 6 | 7 | 8 (7-3+6) | ||||||||||||||
| AK1 | |||||||||||||||||||||
| … | |||||||||||||||||||||
| AKn | |||||||||||||||||||||
| Total | |||||||||||||||||||||
Full Name of the Bank Head
signature
Seal.";
in the preamble of the Pledge Agreement to the Credit Agreement, replace the words "of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order No. ___ dated ______" with the words "of the Order of the National Bank of the Kyrgyz Republic dated ______ No. ___";
in section 7 "Legal Addresses, Details and Signatures of the Parties" of the Pledge Agreement to the Credit Agreement, replace the words "101 Umetalieva St." with the words "168 Chuy Ave.";
in the preamble of the Pledge Agreement to the Credit Agreement, replace the words "of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order No. ___ dated ______" with the words "of the Order of the National Bank of the Kyrgyz Republic dated ______ No. ___";
in section 7 "Legal Addresses, Details and Signatures of the Parties" of the Pledge Agreement to the Credit Agreement, replace the words "101 Umetalieva St." with the words "168 Chuy Ave.";
in the preamble of the Pledge Agreement to the Credit Agreement, replace the words "of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order No. ___ dated ______" with the words "of the Order of the National Bank of the Kyrgyz Republic dated ______ No. ___";
in sub-paragraph 1 of paragraph 2.2, replace the word "insider" with the word "related";
in section 8 "Legal Addresses, Details and Signatures of the Parties" of the Pledge Agreement to the Credit Agreement, replace the words "101 Umetalieva St." with the words "168 Chuy Ave.".
in the Regulation "On the 7-Day Credit of the National Bank of the Kyrgyz Republic" approved by the aforementioned resolution:
in paragraph 2, replace the words "by the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic'" with the words "with Articles 18 and 53 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity,'";
rewrite the third paragraph of paragraph 12 as follows:
"- not be in temporary administration or liquidation mode. A bank in temporary administration mode may be granted a 7-day credit upon a corresponding decision of the Board of the National Bank;";
in paragraphs 19 and 34, replace the words and numbers "Bishkek, 101 Umetalieva St." with the words and numbers "Bishkek, 168 Chuy Ave.";
in the Appendix:
in the preamble, replace the words "of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order No. ___ dated " with the words "of the Order of the National Bank of the Kyrgyz Republic "" dated ______ No. ___";
rewrite the fifth paragraph of paragraph 8.4 as follows:
"- recognition by the court of the Bank's bankruptcy;";
in section 9 "Legal Addresses and Details of the Parties", replace the words and numbers "720040, Kyrgyz Republic, Bishkek, 101 Umetalieva St." with the words and numbers "720001, Kyrgyz Republic, Bishkek, 168 Chuy Ave.".
in the Regulation "On the Provision of Credits by the National Bank of the Kyrgyz Republic to International Organizations Created by the Kyrgyz Republic Jointly with Other States within the Framework of the Eurasian Economic Union" approved by the aforementioned resolution:
in paragraph 2, replace the words "with Articles 5 and 33 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic'" with the words "with Articles 18 and 44 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'";
in paragraph 8, replace the words "- 6 months with the possibility of further extension of the loan" with the words "determined by the Board of the National Bank";
in paragraph 33, delete the words "for a period of no more than 6 months";
rewrite paragraph 34 as follows:
"34. The conditions for extension, including the number of extensions, are determined by the Board of the National Bank.";
in Appendix 1 to the Regulation:
rewrite the preamble of the General Agreement on the Provision of Credits to International Organizations Created by the Kyrgyz Republic Jointly with Other States within the Framework of the Eurasian Economic Union as follows:
"The National Bank of the Kyrgyz Republic, hereinafter referred to as the 'National Bank', represented by , acting on the basis of the Order of the National Bank of the Kyrgyz Republic "" dated ______ No. ___, on the one hand, and ______, hereinafter referred to as the 'Organization', represented by _, acting on the basis of the Charter, on the other hand, collectively referred to as the 'Parties', guided by the Regulation 'On the Provision of Credits by the National Bank of the Kyrgyz Republic to International Organizations Created by the Kyrgyz Republic Jointly with Other States within the Framework of the Eurasian Economic Union', approved by the Resolution of the Board of the National Bank dated "" ______ 20 No. ___ (hereinafter - the Regulation), have concluded this General Agreement on Credits Issued to International Organizations Created by the Kyrgyz Republic Jointly with Other States within the Framework of the Eurasian Economic Union (hereinafter - the General Agreement) on the following:";
in paragraph 6.1, delete the words "for a period of no more than 6 months";
rewrite paragraph 6.2 as follows:
"6.2. The conditions for extension, including the number of extensions, are determined by the Board of the National Bank.";
in Appendix 1 to the General Agreement on Credits Issued to International Organizations Created by the Kyrgyz Republic Jointly with Other States within the Framework of the Eurasian Economic Union:
in the preamble of the Credit Agreement, replace the words "of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order dated ______ No. " with the words "of the Order of the National Bank of the Kyrgyz Republic "___" dated ______ No. ___";
in Appendix 2 to the General Agreement on Credits Issued to International Organizations Created by the Kyrgyz Republic Jointly with Other States within the Framework of the Eurasian Economic Union:
in the preamble of the Pledge Agreement, replace the words "of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic' and Order dated ______ No. " with the words "of the Order of the National Bank of the Kyrgyz Republic "___" dated ______ No. ___".
in the Regulation "On the Procedure for Placement, Reverse Repurchase and Settlement with Government Treasury Bonds of the Government of the Kyrgyz Republic Denominated in Foreign Currency through the National Bank of the Kyrgyz Republic" approved by the aforementioned resolution:
"1. This Regulation determines the procedure for the National Bank of the Kyrgyz Republic (hereinafter - the National Bank) to carry out operations on the placement, reverse repurchase and settlement with government treasury bonds of the Government of the Kyrgyz Republic denominated in foreign currency (hereinafter - GKO-V) and issued by the Ministry of Finance of the Kyrgyz Republic (hereinafter - the Ministry of Finance, Issuer) on the territory of the Kyrgyz Republic.";
in paragraph 2, delete the words ", and takes into account the position of the Issuer (letter of the Ministry of Finance of the Kyrgyz Republic dated March 15, 2016 No. 10-1-2/3009)";
rephrase the fifth paragraph of paragraph 21 as follows:
"- not be in processes and/or procedures provided for by the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity' (Temporary Administration, Liquidation);";
in paragraphs 25 and 52, replace the words "Department of Document Management and Control of the Document Management Department of the National Bank." with the words "Department of State Language Development and Document Circulation of the National Bank.";
in Appendix 1:
in the preamble, replace the words "on behalf of the Deputy Chairman ____, acting on the basis of an order dated ______ 20 No. ___," with the words "on behalf of , acting on the basis of an order of the National Bank of the Kyrgyz Republic "" dated ______ No. ___";
rephrase the fifth paragraph of paragraph 2.1 of section 2 "Requirements imposed on the Bank" as follows:
"- not be in processes and/or procedures provided for by the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity' (Temporary Administration, Liquidation);";
in the section "Details of the Parties:", replace the words and digits "720040, Bishkek, Umetalieva St. 101" with the words and digits "720001, Bishkek, Chuy Ave., 168";
in the preamble, replace the words "on behalf of the Deputy Chairman ____, acting on the basis of an order dated ______ 20 No. ___," with the words "on behalf of , acting on the basis of an order of the National Bank of the Kyrgyz Republic "" dated ______ No. ___";
in the section "Details of the Parties:", replace the words and digits "720040, Bishkek, Umetalieva St. 101" with the words and digits "720001, Bishkek, Chuy Ave., 168".
in the Regulation "On the Issue, Placement, Circulation and Redemption of Notes of the National Bank of the Kyrgyz Republic", approved by the aforementioned resolution:
throughout the text of the Regulation, replace the words "financial-credit institution" in various cases with the words "commercial bank" in the corresponding cases;
in paragraph 2, replace the words and digits "in accordance with Articles 5, 20, 21 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic'" with the words and digits "in accordance with Articles 18, 25, 26 of the Law of the Kyrgyz Republic 'On the National Bank of the Kyrgyz Republic, Banks and Banking Activity'";
in paragraph 32, replace the abbreviation "NBKR" with the words "National Bank";
supplement with Appendices 1, 2 of the following content:
| "Appendix 1 to the Regulation 'On the Issue, Placement, Circulation and Redemption of Notes of the National Bank of the Kyrgyz Republic', approved by the Resolution of the Board of the National Bank dated March 28, 2013 No. 10/6 |
CONTRACT No. _____ regarding the activity of a commercial bank ______ in the market of Notes of the National Bank of the Kyrgyz Republic
| Bishkek | "_" ______ 20 |
The National Bank of the Kyrgyz Republic, hereinafter referred to as the "National Bank", acting on behalf of , on the basis of an order of the National Bank of the Kyrgyz Republic "" dated ______ No. ___, on the one hand, and ______, hereinafter referred to as the commercial bank (hereinafter - the Bank), acting on behalf of ______, on the basis of the Charter, on the other hand, collectively referred to as the "Parties", guided by the Regulation of the National Bank "On the Issue, Placement, Circulation and Redemption of Notes of the National Bank of the Kyrgyz Republic", (hereinafter - the Regulation), have concluded this Contract as follows:
1.1. The subject of this Contract is the regulation of the Bank's activity in the market of Notes of the National Bank in accordance with the Regulation.
The Bank has the right:
2.1. To participate directly in auctions for the placement and additional placement (off-auction placement) of Notes of the National Bank in its own name and on behalf of clients through the ATS;
2.2. To conduct operations in the secondary market for Notes of the National Bank in its own name and on behalf of clients;
2.3. To carry out depositary activity regarding Notes of the National Bank acquired by it in the name and on behalf of its clients;
2.4. To receive information about the parameters of upcoming and the results of conducted auctions for the placement and additional placement (off-auction placement) of Notes of the National Bank.
The Bank is obliged:
3.1. To conduct operations with Notes of the National Bank in accordance with the regulatory legal acts of the National Bank and the legislation of the Kyrgyz Republic;
3.2. To ensure sufficient funds in the correspondent account for payment on the day of issuance of the winning bid at the auction and additional placement (off-auction placement) of Notes of the National Bank and for conducting operations in the secondary market for Notes of the National Bank;
3.3. Partial payment of bids is not allowed. If the Bank does not have sufficient funds in the national currency of the Kyrgyz Republic in its correspondent account at the National Bank to fully pay for the purchased Notes of the National Bank, its bid is annulled. In this case, the Bank pays the National Bank a penalty in the amount of one percent of the total cost of the unpaid Notes of the National Bank at nominal value, but not more than one percent of the paid authorized capital of the Bank. Until the payment of the penalty, the Bank is not admitted to subsequent auctions of the National Bank;
3.4. To maintain depositary accounting of Notes of the National Bank acquired in the name and on behalf of its clients;
3.5. To timely provide the reporting forms established by the National Bank for operations in the market of Notes of the National Bank;
3.6. Within two working days after signing this Contract, provide the National Bank with a power of attorney and a list with specimen signatures of persons authorized to sign bids for auctions of Notes of the National Bank and instructions for operations with Notes of the National Bank in the secondary market. If the powers specified in this paragraph are transferred to another person, within two working days provide the National Bank with a new list and power of attorney.
The National Bank has the right:
4.1. To supervise the Bank's activity in the market of Notes of the National Bank, including conducting on-site inspections;
4.2. To act as the Central Depository of Notes of the National Bank;
4.3. To debit funds from the Bank's correspondent account to the National Bank's account without acceptance, based on a satisfied (in full or in part) bid at the auction for Notes of the National Bank and/or upon additional placement (off-auction placement) of Notes of the National Bank;
4.4. To demand timely submission of established reporting forms, as well as other information related to the Bank's activity necessary for the National Bank;
4.5. To apply to the Bank measures established by the regulatory legal acts of the National Bank.
The National Bank is obliged:
5.1. To ensure accurate and complete accounting of Notes of the National Bank in circulation;
5.2. To announce and post on the National Bank's website the parameters of auctions and additional placements (off-auction placements) of Notes of the National Bank;
5.3. After conducting auctions and/or additional placements (off-auction placements) of Notes of the National Bank, provide the Bank with information about the results of the auctions or additional placements (off-auction placements) of Notes of the National Bank, according to the established procedure;
5.4. On the dates of redemption of Notes of the National Bank, credit to the Bank's correspondent account at the National Bank the nominal value of the redeemed issues of Notes of the National Bank accounted for in the Bank's deposit account;
5.5. To ensure confidentiality of information regarding the Bank's operations with Notes of the National Bank, except in cases of disclosure of information in accordance with the current legislation of the Kyrgyz Republic.
6.1. For incorrect debiting of funds from the Bank's account, as well as untimely or incorrect crediting by the National Bank, the National Bank pays the Bank a penalty in the amount of 0.1% of the under-credited (or over-debited) amount for each day of delay.
6.2. The Bank is obliged to notify and return to the National Bank erroneously credited amounts. In case of failure to return erroneously credited amounts, the Bank pays the National Bank a penalty for each day of delay in the amount of 0.1% of the erroneously credited amount.
6.3. The Parties bear responsibility for non-performance or improper performance of their obligations in accordance with the legislation of the Kyrgyz Republic.
6.4. Disputes arising in the process of performing this Contract are to be resolved through negotiations between the Parties, with the aim of developing a mutually acceptable solution.
6.5. Unresolved disputes are resolved in the manner established by the legislation of the Kyrgyz Republic.
7.1. This Contract enters into force from the moment of its signing and is valid for one calendar year.
7.2. If neither of the Parties notifies in writing of its termination no later than 30 calendar days before the expiration of the term of this Contract, the term of this Contract is automatically extended for each subsequent calendar year.
7.3. This Contract may be terminated at the initiative of both the National Bank and the Bank.
7.4. The National Bank has the right to terminate this Contract unilaterally and without prior notice in the following cases:
non-performance or improper performance by the Bank of its obligations under this Contract;
a procedure for Temporary Administration or Liquidation has been initiated against the Bank;
the Bank's banking license has been suspended or revoked.
8.1. The Bank grants the National Bank the right to debit funds from the Bank's correspondent account at the National Bank without acceptance based on the results of the Bank's participation in auctions and/or additional placements (off-auction placements) of Notes of the National Bank.
8.2. The terms of this Contract may be changed or supplemented by mutual agreement of the Parties.
8.3. In the event of amendments and additions to the Regulation or adoption of a new edition of the Regulation, the terms of this Contract are subject to review in order to bring the Contract into compliance with the new norms of the Regulation.
8.4. All changes and additions to this Contract are valid if they are made in writing and signed by both Parties.
8.5. This Contract is drawn up in two languages, Kyrgyz and Russian, and in two copies, two copies for each of the Parties, having equal legal force. Two copies of this Contract are kept at the National Bank, the other two are transferred to the Bank.
Legal Addresses and Details of the Parties
| National Bank of the Kyrgyz Republic | Name of the bank | |
| 720001, Bishkek, Chuy Ave 168 | (Postal code, address) Current account No. at the National Bank _____ | |
| (Position) (Full Name) ______ (signature) MP | (Position) (Full Name) ______ (signature) MP |
| Appendix 2 to the Regulation "On the Issuance, Placement, Circulation and Redemption of Notes of the National Bank of the Kyrgyz Republic", approved by the Resolution of the Board of the National Bank dated March 28, 2013 No. 10/6 |
AGREEMENT No. ______ regarding the activities of an institutional investor ______ in the market for notes of the National Bank of the Kyrgyz Republic
| Bishkek | "_" ______ 20 |
The National Bank of the Kyrgyz Republic, hereinafter referred to as the "National Bank", represented by , acting on the basis of the order of the National Bank of the Kyrgyz Republic "" dated ______ No. ___, on the one hand, and ______, hereinafter referred to as the "Client", represented by ______, acting on the basis of ______, on the other hand, hereinafter jointly referred to as the "Parties", guided by the Regulation of the National Bank "On the Issuance, Placement, Circulation and Redemption of Notes of the National Bank of the Kyrgyz Republic" (hereinafter - the Regulation), have concluded this Agreement as follows:
1.1. The subject of this Agreement is the regulation of the Client's activities in the market for notes of the National Bank in accordance with the Regulation.
The Client has the right:
2.1. To participate directly in auctions for the placement and additional placement (off-auction placement) of notes of the National Bank in its own name through the ATS;
2.2. To conduct transactions in the secondary market for notes of the National Bank in its own name;
2.3. To receive information about the parameters of upcoming and results of conducted auctions for the placement and additional placement (off-auction placement) of notes of the National Bank.
The Client is obliged:
2.4. To conduct transactions with notes of the National Bank in accordance with the regulatory legal acts of the National Bank and the legislation of the Kyrgyz Republic;
2.5. To ensure sufficient funds in the current account opened at the National Bank to pay on the issuance date for the winning bid at the auction and additional placement (off-auction placement) of notes of the National Bank and to conduct transactions in the secondary market for notes of the National Bank;
2.6. Partial payment of bids is not allowed. If the Client does not have sufficient funds in the national currency of the Kyrgyz Republic in the current account opened at the National Bank to fully pay for the purchased notes of the National Bank, its bid is cancelled. In this case, the Client pays the National Bank a penalty in the amount of one percent of the total cost of the unpaid notes of the National Bank at their nominal value. Until the penalty is paid, the Client is not admitted to subsequent auctions;
2.7. To timely provide the reporting forms established by the National Bank regarding transactions in the market for notes of the National Bank;
2.8. Within two working days after signing this Agreement, provide the National Bank with a power of attorney and a list with specimen signatures of persons authorized to sign bids for auctions for notes of the National Bank and orders for transactions with notes of the National Bank in the secondary market. If the powers specified in this paragraph are transferred to another person, provide the National Bank with a new list and power of attorney within two working days.
The National Bank has the right:
3.1. To supervise the Client's activities in the market for notes of the National Bank, including conducting on-site inspections;
3.2. To act as the Central Depository for notes of the National Bank;
3.3. To debit funds from the Client's current account opened at the National Bank without prior consent based on a satisfied (in full or in part) bid at the auction for notes of the National Bank and/or during additional placement (off-auction placement) of notes of the National Bank;
3.4. To demand the timely submission of established reporting forms, as well as other information related to the Client's activities necessary for the National Bank;
3.5. To apply measures against the Client established by the regulatory legal acts of the National Bank.
The National Bank is obliged:
3.6. To ensure accurate and complete accounting of notes of the National Bank in circulation;
3.7. To announce and publish on the National Bank's website the parameters of auctions and additional placements (off-auction placements) of notes of the National Bank;
3.8. To provide the Client with information about the results of auctions or additional placements (off-auction placements) of notes of the National Bank according to the established procedure after conducting auctions and/or additional placements (off-auction placements) of notes of the National Bank;
3.9. To credit the nominal value of the notes of the National Bank issued by the National Bank, accounted for in the Client's depository account, to the Client's current account opened at the National Bank on the redemption dates of the notes of the National Bank;
3.10. To ensure the confidentiality of information regarding the Client's transactions with notes of the National Bank, except for cases of disclosure of information in accordance with the current legislation of the Kyrgyz Republic.
4.1. For incorrect debiting of funds from the Client's account, as well as for untimely or incorrect crediting by the National Bank, the National Bank pays the Client a penalty in the amount of 0.1% of the uncredited (or incorrectly debited) amount for each day of delay.
4.2. The Client is obliged to notify and return to the National Bank incorrectly credited amounts. In case of failure to return incorrectly credited amounts, the Client pays the National Bank a penalty for each day of delay in the amount of 0.1% of the incorrectly credited amount.
4.3. The Parties are liable for non-performance or improper performance of their obligations in accordance with the legislation of the Kyrgyz Republic.
4.4. Disputes arising during the execution of this Agreement are to be resolved through negotiations between the Parties, with the aim of developing a mutually acceptable solution.
4.5. Unresolved disputes are resolved in the manner established by the legislation of the Kyrgyz Republic.
5.1. This Agreement enters into force from the moment of its signing and is valid for one calendar year.
5.2. If neither of the Parties notifies in writing of its termination at least 30 calendar days before the expiration of this Agreement, the Agreement is automatically extended for each subsequent calendar year.
5.3. This Agreement may be terminated by the initiative of both the National Bank and the Client.
6.1. The Client grants the National Bank the right to debit funds without prior consent from the Client's current account opened at the National Bank based on the results of the Client's participation in auctions and/or additional placements (off-auction placements) of notes of the National Bank.
6.2. The terms of this Agreement may be amended or supplemented by mutual consent of the Parties.
6.3. In case of amendments and additions to the Regulation or the adoption of a new edition of the Regulation, the terms of this Agreement are subject to review to bring the Agreement into compliance with the new provisions of the Regulation.
6.4. All amendments and additions to this Agreement are valid if they are made in writing and signed by both Parties.
6.5. This Agreement is drawn up in two original copies in Russian and in two copies in Kyrgyz, two copies for each of the Parties, having equal legal force. Two copies of this Agreement are kept at the National Bank, and the other two are transferred to the Client.
Legal addresses and details of the Parties
| National Bank of the Kyrgyz Republic | Name of the bank | |
| 720001, Bishkek, Chuy Ave 168 | (Postal code, address) | |
| (Position) (Full Name) ______ (signature) MP | (Position) (Full Name) ______ (signature) MP". |
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This document amends: Regulation on the 7-Day Credit of the National Bank of the Kyrgyz Republic, Regulation on the Procedure for Placement, Secondary Offering, Additional Placement, Reverse Repurchase and Settlement of Government Securities of the Cabinet of Ministers of the Kyrgyz Republic through the National Bank of the Kyrgyz Republic, Regulation on the "Overnight Credit" of the National Bank of the Kyrgyz Republic, Regulation on the Issuance, Placement, Circulation and Redemption of Notes of the National Bank of the Kyrgyz Republic, Regulation on the Procedure for Conducting Outright (Rediscount) Operations by the National Bank of the Kyrgyz Republic for the Purchase of Securities on the Secondary Market, Regulation on the Procedure for Deposit Operations Conducted by the National Bank of the Kyrgyz Republic in the National Currency, Rules for Determining Official Exchange Rates of Foreign Currencies Against the Kyrgyz Som by the National Bank of the Kyrgyz Republic, Rules of Trading on the Interbank Foreign Exchange Market through the Automated Trading System of the National Bank of the Kyrgyz Republic
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