«REPUBLIC OF KAZAKHSTAN
ҰЛТТЫҚ БАНКІ»
РЕСПУБЛИКАЛЫҚ
МЕМЛЕКЕТТІК МЕКЕМЕСІ
РЕСПУБЛИКАНСКОЕ
STATE INSTITUTION
«НАЦИОНАЛЬНЫЙ БАНК
РЕСПУБЛИКИ КАЗАХСТАН»

RESOLUTION OF THE BOARD ПОСТАНОВЛЕНИЕ ПРАВЛЕНИЯ

31 August 2016
Almaty city
No. 204 city of Almaty

On approval of the Rules for the use of checks on the territory of the Republic of Kazakhstan

Registered by the Ministry of Justice of the Republic of Kazakhstan
20.10.2016 No. 14346

(as amended on 27.08.2018)

In accordance with the laws of the Republic of Kazakhstan dated 30 March 1995 «On the National Bank of the Republic of Kazakhstan» and dated 26 July 2016 «On payments and payment systems», for the purpose of establishing the procedure for the use of checks on the territory of the Republic of Kazakhstan, the Board of the National Bank of the Republic of Kazakhstan RESOLVES:

1. To approve the attached Rules for the use of checks on the territory of the Republic of Kazakhstan.

2. To recognize as no longer in force the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17 March 2016 No. 91 «On approval of the Rules for the use of checks on the territory of the Republic of Kazakhstan» (registered in the Register of state registration of normative legal acts under No. 13665, published on 25 May 2016 in the information and legal system «Әділет» of the republican state enterprise with the right of economic management «Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan»).

3. The Department of Payment Systems (Ashykbekov E.T.) shall, in the procedure established by the legislation of the Republic of Kazakhstan, ensure:

1) together with the Legal Department (Sarsenova N.V.), state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;

2) sending of this resolution to the republican state enterprise with the right of economic management «Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan»:

• for official publication in the information and legal system «Әділет» within ten calendar days after its state registration with the Ministry of Justice of the Republic of Kazakhstan;

• for inclusion in the State Register of normative legal acts of the Republic of Kazakhstan, the Reference Control Bank of normative legal acts of the Republic of Kazakhstan within ten calendar days from the day of its state registration with the Ministry of Justice of the Republic of Kazakhstan;

3) posting of this resolution on the official internet resource of the National Bank of the Republic of Kazakhstan after its official publication.

4. The Department for the Protection of the Rights of Consumers of Financial Services and External Communications (Terentyev A.L.) shall ensure the sending of this resolution for official publication to periodical printed publications within ten calendar days after its state registration with the Ministry of Justice of the Republic of Kazakhstan.

5. Control over the execution of this resolution shall be entrusted to the Deputy Chairman of the National Bank of the Republic of Kazakhstan Pirmatov G.O.

6. This resolution enters into force upon the expiry of ten calendar days after the day of its first official publication.

Chairman of the National Bank
D. Akishev

«AGREED»
Minister of Finance of the Republic of Kazakhstan _________________ B. Sultanov 21 September 2016

«AGREED»
Ministry of Internal Affairs of the Republic of Kazakhstan Minister __________ K. Kasymov 19 September 2016

Approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 204

Rules for the use of checks on the territory of the Republic of Kazakhstan

Chapter 1. General provisions

1. These Rules for the use of checks on the territory of the Republic of Kazakhstan (hereinafter - the Rules) have been developed in accordance with the laws of the Republic of Kazakhstan dated 30 March 1995 «On the National Bank of the Republic of Kazakhstan», dated 26 July 2016 «On payments and payment systems» (hereinafter - the Law on payments and payment systems) and determine the procedure for the use of checks on the territory of the Republic of Kazakhstan.

The procedure for the use of checks on the territory of the Republic of Kazakhstan includes the conclusion of an agreement on the use of checks, the issuance of a checkbook, the making of payments and other operations using checks, as well as the performance of actions upon detection of a counterfeit or defective check.

2. The Rules do not apply to relations related to the use of traveller's checks. These relations are regulated by the bank of the drawer of such traveller's checks and by the customs of business turnover applied in banking practice, taking into account the requirements established by the Law of the Republic of Kazakhstan dated 28 August 2009 «On countering the legalization (laundering) of proceeds from crime and the financing of terrorism».

3. The Rules use the concepts provided for by the Law on payments and payment systems, as well as the following concepts:

1) issuance of a check - a method of making a payment in which the payment is made by the drawer issuing a payment document of the same name to the check holder;

2) drawer's bank - the bank that issued the checkbook and to which the order to pay money is addressed;

3) checkbook - bound and consecutively numbered check forms. A checkbook consisting of one check form is allowed;

4) payment of a check - performance of the monetary obligation of the drawer, expressed by the check holder receiving money under the check;

5) the check stub is the part of the check on which the details of the check are indicated. For the purposes of the Rules, check stubs also mean copies of checks sequentially bound into checkbooks;

6) the bank of the check holder is the bank to which the check holder presented the check for payment or transferred the received check for subsequent payment.

Paragraph 4 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old wording)

4. The check contains the following mandatory details:

1) the name “check”;

2) the series and number of the check;

3) the name (surname, first name, patronymic (if any)) of the drawer or the person representing him;

4) the individual identification (business identification) number of the drawer (check holder);

5) the amount in figures and in words, the date, place of issue of the check, the signature of the drawer or the person representing him;

6) the name (surname, first name, patronymic (if any)) of the check holder;

7) the name of the drawer's bank;

8) the bank identification code of the drawer's bank;

9) the “pay to” field;

10) the “purpose of payment” field (except for a check for receiving cash);

11) the “check holder's mark on acceptance of the check for payment” field;

12) the fields KOd (sender of money code), KBe (beneficiary code) and payment purpose code;

13) the “purposes of expenditure” field (for checks for receiving cash);

14) for a legal entity not related to a subject of private entrepreneurship, an imprint of the seal.

5. The drawer's bank is allowed to require that additional details necessary for processing transactions using the check be placed on the check.

6. The check is used for making non-cash payments and receiving cash.

7. The issuance of a check is not performance of the monetary obligation of the drawer for the performance of which such check was written. Performance of the specified obligation occurs at the moment of receiving money under the check.

8. Checks on the territory of the Republic of Kazakhstan are written in the national currency of the Republic of Kazakhstan - tenge. Circulation of checks in foreign currency on the territory of the Republic of Kazakhstan is carried out in accordance with the Law of the Republic of Kazakhstan dated 13 June 2005 “On Currency Regulation and Currency Control”.

9. Checks are accepted and paid by the drawer's bank in accordance with the agreement on the use of checks and the Rules.

10. Acceptance and payment under a check by other banks - banks of the check holder - are carried out on the basis of an agreement concluded between the drawer's bank and the check holder's bank for the acceptance and payment of checks.

11. An indication of remuneration contained in the check is considered unwritten.

12. Check forms (including when they are not bound into checkbooks) are strict reporting documents, are produced taking into account the mandatory details provided for by paragraph 4 of the Rules and the degree of protection (not less than fivefold), the absence of which entails the invalidity of the check.

The drawer's bank independently approves the specimen of the check form and checkbook, provided that the check and checkbook comply with the Rules.

13. Minimum requirements for degrees of protection, as well as the procedure for accounting for paid checks by the drawer's bank, are established by the drawer's bank.

Chapter 2. Conclusion of an agreement on the use of checks

14. The rights and obligations of the drawer and the drawer's bank related to the use of a check arise on the basis of an agreement on the use of checks.

Paragraph 15 has been amended in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old wording)

15. The agreement on the use of checks contains the following conditions:

1) information on the number of check forms in the checkbook;

2) the requirement for correct writing of checks, including: observance of the sequence of numbers of check forms; indication of the check amount in figures and in words (the amount in words begins at the very beginning of the line with a capital letter, the word “tenge” is indicated following the amount in words after one space, the word “tiyn” is not indicated in the check, the free space after writing the amount in figures and in words is crossed out with two lines); in the field after the word “pay to” the surname, first name, patronymic (if any) or name of the person in whose name the check is written are indicated; the number of the identity document of the drawer (for individuals), or of the person authorized by the drawer to manage the checkbook (for individuals and legal entities), by whom and when issued; placement of the date of writing the check (day and year in figures, month in words); placement of the signature of the drawer corresponding to the identity document (for individuals), or of the person authorized by the drawer to manage the checkbook (for legal entities) - to the specimen signature in the document with specimen signatures; indication in the check stub of the amount of money for which the check is written (the amount is placed in figures), the date of writing the check with the signature of the drawer (for individuals) or of the person authorized to manage the checkbook (for individuals and legal entities), if the checkbook is issued for a certain amount - the balance of the amount before the transaction and the new balance under the checkbook (the balance is placed in figures and in words). Placement of the seal imprint of the drawer - a legal entity not related to a subject of private entrepreneurship;

3) the procedure for making mutual payments and money transfers between the drawer's bank and the drawer when conducting transactions with checks;

4) the validity period of the checkbook (if the checkbook is issued for a certain period);

5) the procedure for notifying the drawer's bank by the drawer about lost or stolen checks, checkbooks, changes in the composition of persons authorized to sign checks (for legal entities);

6) the procedure for notifying the drawer by the drawer's bank about refusals to pay checks, as well as about defective and forged checks;

7) the conditions for payment by the drawer for the services of the drawer's bank for conducting transactions with checks;

8) the procedure for return by the drawer to the drawer's bank of unused check forms;

9) the liability of the parties and the procedure for submitting claims in relations between the drawer and the drawer's bank.

16. It is allowed to include the terms of the agreement on the use of checks specified in paragraph 15 of the Rules into other agreements (mixed agreements) concluded between the drawer's bank and the drawer.

17. Before concluding an agreement on the use of checks, banks shall provide the client with the opportunity to obtain information on the cost of services for carrying out transactions with checks and on the terms of the agreement on the use of checks.

Chapter 3. Issuance of a checkbook

Paragraph 18 was amended in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old version)

18. The authorized person of the drawer's bank, when processing checkbooks, shall perform the following actions:

1) verify the identity of the drawer or the person representing him;

2) fill in the reverse side of the cover of the checkbook, which shall indicate or bear: the surname, name, patronymic (if any) or the name of the drawer; the number of the identity document of the drawer (for individuals, individual entrepreneurs, private notaries, advocates, bailiffs and professional mediators); the individual identification (business identification) number of the drawer; the bank identification code of the drawer's bank; the numbers of the check forms; the validity period of the checkbook and the amount of the checkbook (if they are established); the date of issue of the checkbook; the signatures of the authorized persons of the drawer's bank (when issuing a checkbook for the purpose of making non-cash payments);

3) stamp on each form of the checkbook the bank identification code of the drawer's bank and its name;

4) accept a document with specimen signatures of the drawer (for individuals) or the person authorized by the drawer to manage the checkbook (for legal entities).

19. It is allowed to issue several checkbooks simultaneously in accordance with the agreement on the use of checks.

Chapter 4. Making payments and other transactions using checks

Paragraph 20 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old version)

20. Checks drawn by drawers that are legal entities shall be signed by persons authorized to manage the checkbook and shall bear the imprint of the drawer's seal.

The requirement to affix the drawer's seal shall not apply to a drawer that is a legal entity belonging to a subject of private entrepreneurship.

Paragraph 21 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old version)

21. The check holder, when accepting a check for payment, in the column "check holder's note on acceptance of the check for payment" and its stub shall put the surname, name, patronymic (if any), as well as a signature (for individuals) or a stamp or seal indicating the name of the check holder and the signature of the person authorized by the check holder (for legal entities).

The requirement to affix a stamp or seal shall not apply to a check holder that is a legal entity belonging to a subject of private entrepreneurship.

22. When issuing a check, the details provided for in paragraph 4 of the Rules shall be put on it by the drawer in accordance with the Rules for the application of codes of sectors of the economy and purposes of payments approved by the National Bank of the Republic of Kazakhstan in accordance with subparagraph 15) of paragraph 1 of Article 4 of the Law on payments and payment systems.

23. If there are corrections and erasures in the check, the check is invalid.

If, when filling out the check form, the drawer makes a mistake, on the form and its stub, diagonally, the drawer shall put the inscription "spoiled", the date and signature.

24. A check drawn by the drawer for issuance to the check holder shall be separated from the stub, and the check holder, if he is not simultaneously the drawer, shall check the correctness of filling out the check (checked for traces of erasures and corrections, correctness of filling in the check details, correctness of the balance shown in the check stub, numbering of check stubs), verify the identity of the person who drew the check against an identity document, compare the signature of the person who issued the check with the specimen signature on the reverse side of the cover of the checkbook.

25. A check shall be accepted by the check holder on the day it is drawn. The check shall be presented by the check holder to the drawer's bank or to the check holder's bank. The validity period of the check is ten calendar days, counted from the day following the day the check is drawn.

26. Refusal by the check holder to accept partial payment on a check is allowed. In the case of partial payment on a check, the check holder's bank or the drawer's bank shall put a note on such payment on the check and issue to the check holder a receipt for the remaining amount on the check.

27. Checks presented to the check holder's bank or the drawer's bank shall be checked by the authorized persons of the bank as to the correctness of filling in the check details and compliance with their validity periods.

Paragraph 28 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old version)

28. The check holder's bank or the drawer's bank shall refuse to pay a check on the following grounds:

1) the amount in words does not correspond to the amount in figures;

2) the validity period of the check has expired;

3) there are corrections and (or) erasures on the check;

4) there are noticeable differences in handwriting and ink color on the check;

5) one or several security features are missing on the check;

6) there are errors on the check in indicating the check details;

7) discrepancy between the signature on the check and the signature in the document with specimen signatures of the drawer (for individuals) or the person authorized by the drawer to manage the checkbook (for a legal entity);

8) discrepancy between the seal imprint on the check and the seal imprint in the document with specimen signatures of the drawer (for legal entities not belonging to subjects of private entrepreneurship);

9) if there are insufficient funds to pay the check;

10) detection of a counterfeit or defective check;

11) other grounds provided for by the agreement on the use of checks.

29. On each check that was not used due to the expiration of the checkbook's validity period, the drawer shall put the inscription "cancelled" and return the checkbook to the drawer's bank.

30. Covered checks are issued by the drawer's bank for a certain sum of money within the amount deposited by the drawer, which are accounted for by the bank on a separate bank account.

Payment of uncovered checks is made within the amount of money held in the drawer's bank account or through a bank loan provided by the bank in accordance with a concluded agreement on the use of checks with the drawer.

31. If there is a balance on the checkbook amount by the day of expiration of its validity period or termination by the drawer of operations using checks, the drawer shall return the checkbook to the drawer's bank.

The drawer's bank, upon return of the checkbook by the drawer, shall return to him the existing balance of the checkbook amount.

32. In cases provided for by the agreement on the use of checks, the balance of the checkbook amount is retained on the corresponding balance account of the drawer's bank and is taken into account when establishing the amount of a new checkbook.

33. Upon return or full use of the checkbook, the drawer's bank shall make a corresponding note in the checkbook registration journal.

In cases where, upon full use of the checks, the checkbook amount remains unused, the client is issued a new checkbook for the remaining amount, if this is provided for by the agreement on the use of checks.

Chapter 5. Actions to be taken upon detection of a counterfeit or defective check

34. A check drawn in violation of the requirements established by the Rules, as well as with errors and (or) corrections in the completion of the mandatory details of the check provided for by paragraph 4 of the Rules, is recognized as defective and is returned by the bank to the check holder against a receipt.

Paragraph 35 was amended in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old version)

35. A check is considered counterfeit if:

1) the check presented for payment was drawn from a checkbook that was not issued by the bank indicated in the given check;

2) the check form does not comply with the requirements established by the Rules;

3) the signature of the drawer or the person authorized by the drawer to manage the checkbook is not identical to the specimen signature contained in the document with specimen signatures of the drawer (for individuals) or the person authorized by the drawer to manage the checkbook (for legal entities), or there are clear signs of forgery;

4) the imprint of the drawer's seal does not correspond to the specimen seal imprint contained in the document with specimen signatures of the drawer (for a legal entity not related to a private entrepreneurship entity).

36. The authorized person of the bank to which the check is presented for payment, at the moment of detecting a counterfeit check, shall draw up an act on the detection of a counterfeit check in two copies in the form according to the appendix to the Rules.

37. When a counterfeit check is presented by the drawer, the authorized person of the bank shall notify the law enforcement agencies of the Republic of Kazakhstan.

The counterfeit check with one copy of the act on the detection of a counterfeit check is transferred to the law enforcement agencies of the Republic of Kazakhstan, the second copy of the act on the detection of a counterfeit check remains in the bank where the counterfeit check was detected.

When the counterfeit check is seized by the law enforcement agencies of the Republic of Kazakhstan and the counterfeit nature of the check is not confirmed, the bank shall take measures to return the check. After receiving the check, the bank shall return the check to the drawer.

If a counterfeit check is detected by the check holder's bank, which is not the drawer's bank, a copy of the counterfeit check and a copy of the act on the detection of a counterfeit check shall be transferred by the check holder's bank to the drawer's bank no later than the next business day after detection of the counterfeit check.

If a counterfeit check is detected by the drawer's bank, a copy of the counterfeit check and a copy of the act on the detection of a counterfeit check shall be sent to the check holder's bank or the check holder no later than the next business day after detection of the counterfeit check.

38. The incapacity or death of the drawer who is an individual, as well as the liquidation or reorganization of the drawer who is a legal entity, occurring after the check is drawn, shall not entail the invalidity of the check.

39. In case of loss of the checkbook, the drawer shall notify the drawer's bank thereof, indicating the numbers of unused check forms, in the manner and within the time limits established by the agreement on the use of checks.

The appendix was amended in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old version)

Appendix
to the Rules for the use of checks in the territory of the Republic of Kazakhstan Form

"I approve"

---

(surname, name, patronymic (if any) of the authorized person of the bank) __________________________ (signature)

city ________________ "____" ___________ 20 ___ year

Act on the detection of a counterfeit check

I, the undersigned ____________________________________________________________________________ ________________________________________________________ (surname, name, patronymic (if any) and position of the authorized person of the bank, ____________________________________________________________________________ ________________________________________________________, who detected the counterfeit check) have drawn up this act stating that during the verification of check No. ___________, drawn on ____________________________________________________________________________ ________________________________________________________ (surname, name, patronymic (if any) of the check holder) for the amount of ________________________________________________________________________________ ___________________________________________, a check was detected ________________________________________________________________________________ __________________________________, in connection with which the said check cannot be accepted for payment.

---

(signature)

The counterfeit check has been transferred to the law enforcement agencies of the Republic of Kazakhstan ____________________________________________________________________________ ______________________________________________________.

(indicate the name of the state body to which the counterfeit check was transferred)