Rule · NBK · 29 Nov 2018
A voluntarily liquidated bank's general meeting of shareholders must create a liquidation commission within 45 calendar days of obtaining the authorized body's permission. The commission must, within 10 working days, publish liquidation information, reconcile and close bank accounts, notify creditors, and accept assets; it submits a yearly work plan within 20 working days and reports under resolution No. 227. Overspending between estimate items is prohibited, and if property is insufficient, it must apply to court to declare the bank bankrupt.
| "NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN" REPUBLICAN STATE INSTITUTION | REPUBLICAN STATE INSTITUTION "NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN" | |
| RESOLUTION OF THE BOARD | RESOLUTION OF THE BOARD | |
| 29 November 2018, Almaty city | No. 297, Almaty city |
On establishing the specifics of the activities of liquidation commissions of voluntarily liquidated banks
In accordance with the Law of the Republic of Kazakhstan of 31 August 1995 "On Banks and Banking Activity in the Republic of Kazakhstan", the Board of the National Bank of the Republic of Kazakhstan RESOLVES:
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) within ten calendar days from the day of state registration of this resolution, its sending in the Kazakh and Russian languages to the Republican State Enterprise on the right of economic management "Republican Center for Legal Information" for official publication and inclusion in the Reference Control Bank of normative legal acts of the Republic of Kazakhstan;
3) placement of this resolution on the official internet resource of the National Bank of the Republic of Kazakhstan after its official publication;
4) within ten working days after state registration of this resolution, submission to the Legal Department of information on the implementation of the measures provided for by subparagraphs 2), 3) of this paragraph and paragraph 4 of this resolution.
The Department for the Protection of the Rights of Consumers of Financial Services and External Communications (Terentyev A.L.) shall ensure, within ten calendar days after state registration of this resolution, the sending of its copy for official publication to periodical printed publications.
Control over the execution of this resolution shall be entrusted to the Deputy Chairman of the National Bank of the Republic of Kazakhstan Smolyakov O.A.
This resolution shall enter into force upon the expiration of ten calendar days after the day of its first official publication.
Chairman
of the National Bank D. Akishev
Annex
to resolution of the Board of the National Bank
of the Republic of Kazakhstan dated "29" November 2018 No. 297
Specifics of the activities of liquidation commissions of voluntarily liquidated banks
Chapter 1. General provisions
These Specifics of the activities of liquidation commissions of voluntarily liquidated banks (hereinafter – Specifics of the activities of liquidation commissions) have been developed in accordance with the Law of the Republic of Kazakhstan of 31 August 1995 "On Banks and Banking Activity in the Republic of Kazakhstan" (hereinafter – the Law on Banks) and establish the specifics of the activities of liquidation commissions of voluntarily liquidated banks (hereinafter – liquidation commission).
The liquidation commission is created by a decision of the general meeting of shareholders of a voluntarily liquidated bank (hereinafter – bank) no later than 45 (forty-five) calendar days from the date of obtaining permission from the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter – authorized body) for the voluntary liquidation of the bank, taking into account the bank's branches and representative offices.
Changes in the composition of the liquidation commission are made by a decision of the general meeting of shareholders of the bank.
Chapter 2. Requirements for organizing the activities of liquidation commissions
1) the powers of the bodies and executive officers of the bank, including those regarding the disposal of the bank's property and the repayment of the bank's obligations, as well as their rights to manage the bank, are terminated;
2) actions carried out on behalf of or at the expense of the bank have legal force if they are performed by the chairman of the liquidation commission or a member of the liquidation commission, or a person working in the liquidation commission under an employment contract (hereinafter – engaged employee) or a contract for the provision of paid services (hereinafter – engaged person), to whom the chairman of the liquidation commission has issued a power of attorney to perform these actions, drawn up in accordance with the civil legislation of the Republic of Kazakhstan;
3) property claims relating to the bank are considered by the liquidation commission in accordance with Chapter 5 of the Specifics of the activities of liquidation commissions and the civil legislation of the Republic of Kazakhstan.
The liquidation commission takes measures to complete the bank's affairs, including ensuring settlements with its creditors and shareholders.
The liquidation commission is headed by the chairman of the liquidation commission. In the absence of the chairman of the liquidation commission, his duties are performed by a deputy appointed by the chairman from among the members of the liquidation commission.
If the bank has branches and (or) representative offices, their liquidation is carried out by a subdivision of the liquidation commission created locally (hereinafter – subdivision).
The subdivision is headed by a head appointed by order of the chairman of the liquidation commission no later than 1 (one) working day from the date of creation of the liquidation commission from among the members of the liquidation commission.
The head of the subdivision carries out his activities on the basis of a power of attorney drawn up in accordance with the civil legislation of the Republic of Kazakhstan.
The subdivision of the liquidation commission and its head are accountable to the chairman of the liquidation commission.
Hiring is formalized by an order of the chairman of the liquidation commission.
The chairman of the liquidation commission carries out operational management, controls the activities of subdivisions and the work of their heads.
The procedure for voluntary liquidation of the bank is carried out in accordance with the work plan approved by the chairman of the liquidation commission, which is drawn up for a year with a breakdown by half-years and submitted for information to the authorized body within 20 (twenty) working days from the date of creation of the liquidation commission and subsequently no later than the 10th (tenth) day of the month preceding the planned period.
Information on the implementation of the work plan is submitted by the liquidation commission to the authorized body based on the results of the half-year.
In case of violation of the deadlines established by the work plan, the liquidation commission shall, within 10 (ten) working days, submit to the authorized body a written explanation with copies of the relevant documents attached.
The liquidation commission acts on behalf of the bank and is independent in making decisions on the organization and conduct of the bank's liquidation procedure.
From the date of creation, the liquidation commission:
1) on the first working day:
conducts an audit of the cash desk, credits the remaining money to the bank's current account;
submits to the authorized body and (or) second-tier banks where the bank has bank accounts a new document with sample signatures in the form according to Annex 3 to the Rules for opening, maintaining and closing bank accounts of clients, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan of 31 August 2016 No. 207, registered in the Register of state registration of normative legal acts under No. 14422 (hereinafter – Rules No. 207);
2) no later than 3 (three) working days, accepts from the bank's management the bank's title documents, seals (if any), stamps, electronic media, software, forms and all other documents of the bank, drawing up the necessary acts of acceptance and transfer of documents and valuables;
3) within 10 (ten) working days:
publishes information on the voluntary liquidation of the bank in periodical printed publications distributed throughout the territory of the Republic of Kazakhstan in the Kazakh and Russian languages, with mandatory indication of the procedure, deadlines for creditors to submit claims (applications) and addresses (if there is a branch network – addresses of branches) at which the bank's creditors submit their claims (applications);
reconciles the bank's accounts, closes them and opens the bank's current accounts in tenge and foreign currency;
informs the justice bodies carrying out state registration of legal entities and territorial subdivisions of state revenue bodies about the commencement of voluntary liquidation of the bank;
accepts assets, including the bank's property, under an acceptance and transfer act;
places copies of the decision of the authorized body on issuing permission for the voluntary liquidation of the bank and the decision of the general meeting of shareholders on the creation of the liquidation commission in a place accessible for viewing;
prints out the report on balances on balance sheet accounts and off-balance sheet accounts of second-tier banks in the form according to Annex 2 to resolution of the Board of the National Bank of the Republic of Kazakhstan of 29 June 2018 No. 137 "On approval of the list, forms, deadlines for reporting of second-tier banks of the Republic of Kazakhstan and the Rules for their submission", registered in the Register of state registration of normative legal acts under No. 17313, available in electronic form, as of the date of creation of the liquidation commission, with copying of the data of the accounting automated system to a separate electronic medium (backup copies). In the absence of this information in electronic form, the information available on paper is taken as the basis;
determines the circle of persons bearing full material liability, including persons having access to the automated information system for accounting and processing of financial and other reporting of the bank;
4) within 30 (thirty) working days:
terminates the employment contract with executive officers and, if necessary, other employees of the bank in accordance with the labor legislation of the Republic of Kazakhstan;
concludes employment contracts or contracts for the provision of paid services with persons to ensure the performance of its functions and duties;
compiles a list of creditors, establishes their addresses from available documents and reconciles with analytical accounting data;
notifies each creditor of the bank in writing about the voluntary liquidation of the bank;
if the bank lacks information about creditors, draws up an act indicating the available details and reasons for the impossibility of written notification of the bank's creditors;
determines the validity of the claims of the bank's creditors and satisfies them in accordance with the approved interim liquidation balance sheet of the bank and the register of creditors' claims;
identifies the bank's assets;
disposes of the bank's assets in accordance with the purposes of its liquidation;
takes measures to preserve the bank's documents and property, software and electronic media, as well as other information of the bank;
takes measures to collect debts from the bank's debtors;
files claims and appears in court on behalf of the bank;
1. upon establishing the fact of insufficiency of property to satisfy creditors' claims in full, the liquidation commission files an application with the court to declare the bank bankrupt, taking into account the requirements of the banking legislation of the Republic of Kazakhstan.
12. The liquidation commission submits to the authorized body reports on the work done and additional information in accordance with resolution of the Board of the National Bank of the Republic of Kazakhstan of 19 December 2015 No. 227 "On approval of forms, deadlines and frequency of submission by the liquidation commission of voluntarily and forcibly liquidated banks of reports and additional information", registered in the Register of state registration of normative legal acts under No. 13057.
13. Upon detection of facts of violation of the banking legislation of the Republic of Kazakhstan by members and employees of the liquidation commission, the chairman of the liquidation commission applies to law enforcement bodies or the court in the manner provided for by the legislation of the Republic of Kazakhstan on civil proceedings, criminal proceedings and administrative offenses, with simultaneous notification of the authorized body.
14. The liquidation commission ensures compliance with all requirements imposed on second-tier banks regarding the accounting, execution and preservation of documents subject to storage, including those related to the activities of the liquidation commission, in accordance with the requirements of normative legal acts of the authorized body in the field of archival affairs and documentation.
Chapter 3. Specifics and procedure for the formation and approval by liquidation commissions of the estimate of liquidation expenses
The principle of reality of liquidation expenses means that when forming the estimate of liquidation expenses, one should proceed from the actual financial position of the bank, including the volume of debt to creditors.
The principle of justification of liquidation expenses means the objective necessity of the estimated costs at a certain stage of the liquidation proceedings.
The principle of expediency of liquidation expenses means that the costs incurred by the liquidation commission correspond to the set goal, that is, are aimed at completing the liquidation proceedings and settlements with creditors and shareholders of the bank.
The principle of validity of liquidation expenses means documentary confirmation by the liquidation commission of the incurred costs.
Before the creation of the creditors' committee, the estimate of liquidation expenses is approved by the chairman of the liquidation commission.
Control over the execution of the estimate of liquidation expenses is exercised by the chairman of the liquidation commission and the creditors' committee.
Chapter 4. Requirements for compliance by liquidation commissions with the rules for storing cash in the cash desk, performing incoming and outgoing operations with cash, maintaining cash documents, ensuring the expenditure of cash, cash desk balance limits, as well as the deadlines for depositing cash to the current account of the liquidation commission
at the head office of the liquidation commission – 2,500,000 (two million five hundred thousand) tenge;
at the subdivision of the liquidation commission – 500,000 (five hundred thousand) tenge.
Chapter 5. Requirements for the disposal by liquidation commissions of the bank's assets and consideration of creditors' claims (applications)
In order to ensure the reliability of accounting data, an inventory shall be conducted by the liquidation commission not less than once (1) a year, and also without fail in the following cases:
Buildings and structures, and other real estate objects of the bank, regardless of their value, shall be sold only through an auction in the manner provided for by Articles 910 and 916 of the Civil Code of the Republic of Kazakhstan (Special Part) dated 1 July 1999.
The register of creditors' claims shall include the claims of the bank's creditors that are undisputed and recognized by the liquidation commission.
Enforcement documents on court decisions that have entered into legal force, presented to the bank's current account, shall be transferred to the chairman of the liquidation commission for recording creditors' claims.
Appendix
to the Specifics of the Activities of Liquidation Commissions of Voluntarily Liquidated Banks
Form
Estimate of Liquidation Expenses
for ______ quarter of ______ year
(name of bank)
| No. | Name of expense items | Amount of planned expenses (in tenge) |
| 1 | 2 | 3 |
| Month | ||
| 1. | Labor costs | |
| 1.1. | remuneration of the chairman and members of the liquidation commission, as well as bank employees working under employment contracts | |
| 1.1.1. | official salary | |
| 1.1.2. | individual income tax | |
| 1.1.3. | mandatory pension contributions | |
| 1.1.4. | contributions to mandatory social health insurance | |
| 1.2. | payment for services of persons working under paid services contracts | |
| 1.2.1. | payment for services rendered | |
| 1.2.2. | individual income tax | |
| 1.2.3. | mandatory pension contributions | |
| 1.2.4. | mandatory social health insurance contributions | |
| 2. | Expenses for contributions to the budget | |
| 2.1 | social tax | |
| 2.2 | social contributions | |
| 2.3 | property tax | |
| 2.4 | vehicle tax | |
| 2.5 | land tax | |
| 2.6 | value added tax | |
| 2.7 | payment for the use of land plots, payment for emissions into the environment | |
| 2.8 | other taxes and other mandatory payments to the budget | |
| 3. | Administrative expenses | |
| 3.1 | services for hiring transport for official and business needs | |
| 3.2 | communication services | |
| 3.3 | services for the protection and alarm of buildings and structures | |
| 3.4 | transport protection services | |
| 3.5 | services for providing parking for transport | |
| 3.6 | transport registration services | |
| 3.7 | transport technical inspection services | |
| 3.8 | transport insurance services | |
| 3.9 | services for payment of the insurance premium for mandatory insurance of the employee against accidents | |
| 3.10 | utility services | |
| 3.11 | works on current repair, technical, service maintenance (inspection) of fixed assets | |
| 3.12 | premises rent | |
| 3.13 | services for state registration of rights to immovable property and relevant documentation in the registering authorities | |
| 3.14 | property appraisal services | |
| 3.15 | services for publication in the mass media | |
| 3.16 | services for preparing the heating system for start-up | |
| 3.17 | plumbing works | |
| 3.18 | property storage services | |
| 3.19 | payment of state duty | |
| 3.20 | notarial certification and apostille services | |
| 3.21 | services for transportation, loading, unloading of property | |
| 3.22 | works on the manufacture and installation of grilles on windows and doors | |
| 3.23 | services for conducting auctions | |
| 3.24 | cash collection services | |
| 3.25 | services for conducting expertise | |
| 3.26 | audit services | |
| 3.27 | document translation services | |
| 3.28 | installation, change or transfer of telephone numbers | |
| 3.29 | services for maintaining the shareholders' register up to date | |
| 3.30 | services for servicing a bank account, transfers and payments of money made without opening a bank account | |
| 3.31 | services of private bailiffs | |
| 3.32 | services for scientific and technical processing of documents and their transfer to the archive | |
| 3.33 | payment of the fee for state registration of termination of activity | |
| 3.34 | collection services | |
| 4. | Expenses for the acquisition of inventory assets | |
| 4.1 | maintenance of office equipment in working condition | |
| 4.2 | maintenance of vehicles | |
| 4.3 | maintenance of premises | |
| 4.4 | acquisition of paper and form products | |
| 4.5 | acquisition of stationery | |
| 4.6 | acquisition of fuels and lubricants | |
| 5. | Travel expenses | |
| 6. | Contingency expenses | |
| 7. | Other expenses | |
| Total for the month | ||
| Total for the month | ||
| Total for the month | ||
| Total for the quarter | ||
Chairman of the liquidation commission
(surname, first name, patronymic (if any) (signature)
Chief accountant
(surname, first name, patronymic (if any) (signature)
Executor ______ ______
surname, first name, patronymic (if any) (signature)
Executor's phone number ______
(city code, phone number)
Appendix
to the form of the estimate of liquidation expenses
Explanations for completing the form of the Estimate of Liquidation Expenses
When forming the Estimate of Liquidation Expenses (hereinafter – the Estimate), in terms of remuneration, calculations shall be based on concluded employment contracts, hiring orders and paid services contracts. The item "Labor costs" shall be formed in accordance with the staffing schedule, which is approved by the chairman of the liquidation commission.
The staffing schedule shall include the chairman, members of the liquidation commission, and persons working under employment contracts and paid services contracts.
Expenses for contributions to the budget shall be made in accordance with the requirements of the tax legislation of the Republic of Kazakhstan.
When including in the Estimate expenses for the acquisition of inventory assets, the liquidation commission shall make calculations on the basis of tariff grids and average market prices established in the relevant region.
Travel expenses for a seconded employee include per diem for the calendar days of the business trip, including time in transit, as well as the costs of hiring residential premises, and transport expenses to the place of business trip and back.
Contingency expenses are unplanned costs of the liquidation commission for urgent needs, the amount of which does not exceed five hundred times the monthly calculation index established by the law on the republican budget for the corresponding financial year.
Under the expense item "Contingency expenses", no expenses provided for under the items of the Estimate shall be incurred, and no overspending on them shall be allowed.
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RegAlert holds no document that amends or replaces this one. This is not a check that it is in force: confirm with the regulator.
“To recognize as no longer in force the resolution of the Board of the National Bank of the Republic of Kazakhstan of 29 February 2016 No. 64”
“In accordance with the Law of the Republic of Kazakhstan of 31 August 1995 "On Banks and Banking Activity in the Republic of Kazakhstan"”
“Annex 2 to resolution of the Board of the National Bank of the Republic of Kazakhstan of 29 June 2018 No. 137”
“Annex 3 to the Rules for opening, maintaining and closing bank accounts of clients, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan of 31 August 2016 No. 207”
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