Rules for the Organization of Payment Organizations' Activities

Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 215 On Approval of the Rules for the Organization of Payment Organizations' Activities (as amended and supplemented as of November 22, 2021)

For amendments, see the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 20, 2021 No. 116 (enters into force on April 1, 2022)

The Preamble is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition)

In accordance with the Laws of the Republic of Kazakhstan of March 30, 1995 "On the National Bank of the Republic of Kazakhstan", of April 15, 2013 "On State Services", of May 16, 2014 "On Permits and Notifications", and of July 26, 2016 "On Payments and Payment Systems", in order to establish the procedure for organizing the activities of payment organizations, the Board of the National Bank of the Republic of Kazakhstan RESOLVES:

1. Approve the attached Rules for the Organization of Payment Organizations' Activities.

2. The Department of Payment Systems (Ashykbekov E.T.) shall ensure, in the manner established by the legislation of the Republic of Kazakhstan:
   1) jointly with the Legal Department (Sarsenova N.V.) the state registration of this Resolution in the Ministry of Justice of the Republic of Kazakhstan;
   2) submission of this Resolution to the Republican State Enterprise on 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 informational and legal system "Adilet" within ten calendar days after its state registration in 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 in the Ministry of Justice 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.

3. The Department for the Protection of Rights of Consumers of Financial Services and External Communications (Terentyev A.L.) shall ensure the submission of this Resolution for official publication in periodic print editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

4. 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.

5. This Resolution enters into force after the expiration of ten calendar days from the day of its first official publication.

Chairman
of the National Bank	D. Akishev

"AGREED"
Ministry of Information and Communications of the Republic of Kazakhstan Minister D. Abaev September 14, 2016

"AGREED"
Minister of National Economy of the Republic of Kazakhstan K. Bishimbaev September 23, 2016

Approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 215

Rules for the Organization of Payment Organizations' Activities

Chapter 1. General Provisions

Paragraph 1 is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 22, 2021 No. 99 (see old edition)

1. These Rules for the Organization of Payment Organizations' Activities (hereinafter - the Rules) are developed in accordance with subparagraph 52-1) of part two of Article 15 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan", Article 19 of the Law of the Republic of Kazakhstan "On State Services", Chapter 5 of the Law of the Republic of Kazakhstan "On Permits and Notifications", subparagraph 1) of paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan "On Payments and Payment Systems" (hereinafter - the Law on Payments and Payment Systems), and define the procedure for organizing the activities of payment organizations.
   The procedure for organizing the activities of payment organizations includes the accounting registration of payment organizations in the National Bank of the Republic of Kazakhstan (hereinafter - the National Bank), the maintenance by the National Bank of the registry of payment organizations (hereinafter - the Registry), the provision of payment services by payment organizations, and the notification by payment organizations of the opening of branches.

2. The Rules use the concepts provided for by the Law on Payments and Payment Systems.

Paragraph 3 has been amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 30, 2020 No. 139 (see old edition)

3. A payment organization, having a registration number of accounting registration of a payment organization assigned by the National Bank (hereinafter - registration number), provides the following types of payment services:
   1) services for accepting cash for making a payment without opening a bank account of the sender of money;
   2) services for the sale (distribution) of electronic money and payment cards;
   3) services for accepting and processing payments made using electronic money;
   4) services for processing payments initiated by the client in electronic form and transmitting the necessary information to the bank, branch of a bank-non-resident of the Republic of Kazakhstan, organization carrying out certain types of banking operations, for making a payment and/or transfer or acceptance of money for these payments.

Chapter 2. Accounting Registration of Payment Organizations
in the National Bank

Paragraph 4 is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old edition)

4. To undergo accounting registration in the National Bank, a payment organization submits to the National Bank on paper or through the "e-government" web portal an application in the form according to Appendix 1 to the Rules, containing, among other things, information about the head (members) of the executive body of the payment organization (with copies of the diploma(s) and a document confirming the employment activity of the head (member) of the executive body of the payment organization in accordance with the Labor Code of the Republic of Kazakhstan of November 23, 2015).
   Documents provided for by subparagraphs 1-1), 2), 3) and 7) of paragraph 2 of Article 16 of the Law on Payments and Payment Systems are also attached to the application.

5. Deleted in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition)

6. Deleted in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition)

7. The Rules for the implementation of the activities of a payment organization contain the following mandatory conditions:
   1) description of payment services provided by the payment organization;
   2) procedure and terms for providing payment services to clients of the payment organization;
   3) cost of payment services (tariffs) provided by the payment organization;
   4) procedure for interaction with third parties ensuring the technological support of payment services provided by the payment organization;
   5) information about the risk management system used by the payment organization;
   6) procedure for resolving disputed situations and resolving disputes with clients;
   7) procedure for compliance with information security measures.

8. Deleted in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition)

9. Deleted in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition)

Paragraph 10 is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition); amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old edition)

10. The National Bank considers the application of a payment organization and makes a decision on it within ten working days from the day of submission of the full package of documents provided for by paragraph 2 of Article 16 of the Law on Payments and Payment Systems.
    In case of repeated submission of the application by the payment organization in the case provided for by paragraph 2 of Article 17 of the Law on Payments and Payment Systems, the application is considered by the National Bank within the term provided for by the first part of this paragraph.

11. As a result of considering the application, the National Bank makes a decision on the accounting registration of the payment organization or on refusal to register the payment organization.

Paragraph 12 is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old edition)

12. In case of making changes and/or additions to the documents provided for by paragraph 2 of Article 16 of the Law on Payments and Payment Systems, the payment organization submits the changed and/or supplemented documents to the National Bank within ten calendar days from the day of making such changes and/or additions.

The Rules are supplemented by paragraph 12-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 28, 2019 No. 221; is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old edition)

12-1. A payment organization that has undergone accounting registration in the National Bank, in case of the need to include additional payment services in the list of provided payment services, submits to the National Bank the documents provided for by subparagraphs 1-1), 3) and 7) of paragraph 2 of Article 16 of the Law on Payments and Payment Systems, with changes and/or additions taking into account the planned payment services to be provided within ten calendar days from the day of making such changes and/or additions.

13. Deleted in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition)

14. Accounting registration of a payment organization formed as a result of voluntary reorganization of a payment organization (payment organizations) in accordance with Article 20 of the Law on Payments and Payment Systems is carried out by the National Bank in the manner provided for by this Chapter.

15. Exclusion from the Registry of a reorganized (reorganized) payment organization (payment organizations) is carried out by the National Bank on the day of inclusion of the payment organization (payment organizations) formed as a result of voluntary reorganization in the Registry.

The Rules are supplemented by Chapter 2-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35

Chapter 2-1. Procedure for Providing the State Service "Inclusion in the Registry of Payment Organizations that have Undergone Accounting Registration in the National Bank of the Republic of Kazakhstan"
(hereinafter - state service for accounting registration)

Paragraph 15-1 is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old edition)

15-1. The list of main requirements for providing the state service for accounting registration, including characteristics of the process, form, content and result of provision, as well as other information taking into account the specifics of providing the state service for accounting registration is established in Appendix 2 to the Rules.

15-2. An employee of the National Bank authorized to receive and register correspondence, on the day of receipt of the application, carries out its receipt, registration and forwarding for execution to the department responsible for providing the state service for accounting registration (hereinafter - the responsible department). In case of receipt of the application after the end of working hours, on weekends and holidays according to the labor legislation of the Republic of Kazakhstan, receipt of applications is carried out on the next working day. When submitting an application by a payment organization through the "e-government" web portal, the status of acceptance of the request for providing the state service is automatically displayed in the personal account, indicating the date and time of receiving the result. The National Bank receives information about documents certifying the identity of the head of the payment organization, and about state registration (re-registration) of the legal entity from relevant state information systems through the "e-government" gateway.

15-3. An employee of the responsible department within five working days from the day of registration of the application checks the completeness of the submitted documents.
In case of establishing the fact of incompleteness of the submitted documents, the responsible department within five working days from the day of registration of the application prepares and sends a written reasoned refusal to further consideration of the application.

15-4. Upon establishing the fact of completeness of the submitted documents, the responsible department within eight working days from the day of registration of the application considers the documents for their compliance with the requirements of the legislation of the Republic of Kazakhstan, prepares a draft notification on passing accounting registration for providing permission (right) to provide payment services by the payment organization (hereinafter - notification) according to Appendix 3 to the Rules or a draft reasoned refusal. The head of the responsible department approves and signs the notification or reasoned refusal within two working days. After approval and signing by the head of the responsible department of the notification or reasoned refusal, the employee of the responsible department on the day of making the decision carries out the inclusion of the payment organization in the registry of payment organizations (upon signing the notification), sends the result of providing the state service for accounting registration to the payment organization. On the "e-government" web portal, the result of providing the state service for accounting registration is sent to the payment organization in the personal account in the form of an electronic document certified by an electronic digital signature (hereinafter - EDS) of an authorized person.

15-5. Information about the stage of providing the state service for accounting registration is updated automatically in the information system for monitoring the provision of state services.

Chapter 3. Maintenance of the Registry

16. The Registry contains information about payment organizations that have undergone accounting registration in the National Bank.
    The Registry is maintained by the National Bank for the purpose of controlling the payment services market and is posted on the official Internet resource of the National Bank.

Paragraph 17 is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition); amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old edition)

17. The National Bank, when making a decision on the accounting registration of a payment organization, within ten working days from the day of submission of the full package of documents provided for by paragraph 2 of Article 16 of the Law on Payments and Payment Systems:
    1) assigns a registration number to the payment organization and makes a record in the Registry in the form according to Appendix 4 to the Rules;
    2) sends a written notification to the payment organization about passing the accounting registration of the payment organization, indicating the registration number.

Paragraph 18 is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old edition); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old edition)

18. The National Bank, when making a decision on refusal to register a payment organization, within ten working days from the day of submission of the full package of documents provided for by paragraph 2 of Article 16 of the Law on Payments and Payment Systems, sends a reasoned refusal to the payment organization to register, indicating the reason for the refusal.

19. The National Bank maintains a file for each payment organization that has undergone accounting registration in the National Bank, on paper or in electronic form.

20. The National Bank excludes a payment organization from the Registry on the grounds provided for by paragraph 1 of Article 18 of the Law on Payments and Payment Systems.

21. A payment organization within three working days from the day the court decision on termination of the activities of the payment organization enters into legal force or the decision on voluntary termination of activities by reorganization (merger, accession, division, separation, transformation) or liquidation is adopted, sends a notification to the National Bank in arbitrary written form with attached confirming documents.

Paragraph 22 is in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old edition)

22. The National Bank within five working days from the day of exclusion of the payment organization from the Registry by the National Bank notifies the payment organization in writing at the actual location of the payment organization or at the address indicated in the application, and publishes information about this on the official Internet resource of the National Bank.

23. In case of exclusion from the Registry, the payment organization within thirty calendar days from the day of notification by the National Bank of exclusion from the Registry makes a decision to change the name if it contains the words "payment organization" or reorganization, or liquidation of the payment organization.

The Rules are supplemented by Chapter 3-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35

Chapter 3-1. Procedure for Providing the State Service "Issuance of Consent for Conducting Voluntary Reorganization (Accession, Merger, Division, Separation, Transformation) of Payment Organizations" (hereinafter - state service for voluntary reorganization)

23-1. Issuance of consent for conducting voluntary reorganization of a payment organization is carried out upon submission by the payment organization to the National Bank on paper or through the "e-government" web portal of a decision on voluntary reorganization. The list of main requirements for providing the state service for voluntary reorganization, including characteristics of the process, form, content and result of provision, as well as other information taking into account the specifics of providing the state service for voluntary reorganization is established in Appendix 5 to the Rules. Documents provided for by subparagraphs 2), 4), 5) and 7) of paragraph 2 of Article 20 of the Law on Payments and Payment Systems are attached to the decision.

23-2. An employee of the National Bank authorized to receive and register correspondence, on the day of receipt of documents, carries out receipt, registration and forwarding for execution to the department responsible for providing the state service for voluntary reorganization (hereinafter - the responsible department). In case of receipt of documents after the end of working hours, on weekends and holidays according to the labor legislation of the Republic of Kazakhstan, receipt of documents is carried out on the next working day. When submitting an application by a payment organization through the portal, the status of acceptance of the request for providing the state service is automatically displayed in the personal account, indicating the date and time of receiving the result.

23-3. An employee of the responsible department within five working days from the day of registration of documents checks their completeness.
In case of establishing the fact of incompleteness of the submitted documents, the responsible department within five working days from the day of registration of the application prepares and sends a written reasoned refusal to further consideration of the application.

23-4. Upon establishing the fact of completeness of the submitted documents, the responsible department within eight working days from the day of registration of documents considers the documents for their compliance with the requirements of the legislation of the Republic of Kazakhstan, prepares a draft notification on issuing consent for conducting voluntary reorganization (hereinafter - notification) or reasoned refusal; The head of the responsible department approves and signs the notification or reasoned refusal within two working days. After approval and signing by the head of the responsible department of the notification or reasoned refusal, the employee of the responsible department on the day of making the decision sends the result of providing the state service for voluntary reorganization to the payment organization. On the "e-government" web portal, the result of providing the state service for voluntary reorganization is sent to the payment organization in the personal account in the form of an electronic document certified by EDS of an authorized person.

23-5. Information about the stage of providing the state service for voluntary reorganization is updated automatically in the information system for monitoring the provision of state services.

The Rules are supplemented by Chapter 3-2 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35

Chapter 3-2. Procedure for Appealing Decisions, Actions (Inaction) of the National Bank and/or its Officials on Issues of Providing State Services

23-6. Appealing decisions, actions (inaction) of the National Bank and/or its officials on issues of providing state services is carried out in writing to the head of the National Bank.
The appeal of the payment organization indicates its name, postal address, outgoing number and date of submission of the appeal.
The appeal is signed by the payment organization.
Confirmation of the acceptance of the appeal is its registration (stamp, incoming number and date) in the chancellery of the National Bank, indicating the surname and initials of the person who accepted the appeal, the term and place of receiving the response to the submitted appeal. The appeal of the payment organization on issues of providing state services, received by the National Bank, is considered within five working days from the day of its registration. In case of disagreement with the results of the provided state service, the payment organization appeals to the authorized body for assessment and control over the quality of providing state services. The appeal of the payment organization received by the authorized body for assessment and control over the quality of providing state services is considered within fifteen working days from the day of its registration.

23-7. In case of disagreement with the results of the provided state service, the payment organization appeals to the court in the manner established by the legislation of the Republic of Kazakhstan.

Chapter 4. Provision of Payment Services by Payment Organizations

24. After providing a payment service, the payment organization issues a document confirming the fact of providing the payment service to the client, on paper or via telecommunications networks.

Paragraph 25 has been amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 30, 2020 No. 139 (see old version).

25. When providing payment services specified in sub-paragraphs 1) and 4) of paragraph 3 of these Rules, the document confirming the fact of providing the payment service contains the following details:
    1) document number, day, month, and year of issuance;
    2) name of the payment organization;
    3) transaction amount;
    4) transaction currency;
    5) commission fee amount;
    6) payment purpose;
    7) name of the service provider (in the case of providing the payment service specified in sub-paragraph 1) of paragraph 3 of these Rules);
    8) name or bank identification code of the bank, branch of a non-resident bank of the Republic of Kazakhstan, or organization carrying out certain types of banking operations, to which (to which) the payment organization provides information for the purpose of making payments and/or transfers or accepting funds for such payments in accordance with sub-paragraph 9) of paragraph 1 of Article 12 of the Law on Payments and Payment Systems (in the case of providing the payment service specified in sub-paragraph 4) of paragraph 3 of these Rules).

The payment organization is permitted to add additional details regarding the provided payment service to the document confirming the fact of providing the payment service.

26. When providing payment services specified in sub-paragraphs 2) and 3) of paragraph 3 of these Rules, the document confirming the fact of providing the payment service is issued by the payment organization in accordance with the Rules on the Issuance, Use, and Redemption of Electronic Money, as well as the requirements for issuers of electronic money and electronic money systems in the territory of the Republic of Kazakhstan, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 202 "On Approval of the Rules on the Issuance, Use, and Redemption of Electronic Money, as well as Requirements for Issuers of Electronic Money and Electronic Money Systems in the Territory of the Republic of Kazakhstan," registered in the Registry of State Registration of Normative Legal Acts under No. 14298, and the Rules on the Issuance of Payment Cards, as well as requirements for activities related to the servicing of operations using them in the territory of the Republic of Kazakhstan, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 205 "On Approval of the Rules on the Issuance of Payment Cards, as well as Requirements for Activities Related to the Servicing of Operations Using Them in the Territory of the Republic of Kazakhstan," registered in the Registry of State Registration of Normative Legal Acts under No. 14299.

Paragraph 27 has been amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 28, 2019 No. 221 (see old version).

27. When providing payment services specified in sub-paragraphs 1) and 2) of paragraph 3 of these Rules through a payment agent and/or payment sub-agent, the payment organization ensures:
    1) maintenance of a registry of payment agents and/or payment sub-agents in accordance with the internal document of the payment organization;
    2) monitoring of compliance by the payment agent with the requirements of the Law on Payments and Payment Systems, as well as the conditions for providing payment services specified in the agreement between the payment agent and the payment organization.

The monitoring specified in sub-paragraph 2) of the first part of this paragraph is carried out in accordance with the agreement between the payment organization and the payment agent and/or internal documents of the payment organization.

Paragraph 28 has been amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 27, 2018 No. 182 (see old version); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 30, 2020 No. 139 (see old version).

28. The payment organization provides payment services specified in sub-paragraph 1) of paragraph 3 of these Rules in accordance with the agreement between the payment organization and the service provider.

The payment organization provides payment services for accepting payments into the budget without opening a client's bank account in accordance with an agency agreement for the provision of payment services between the payment organization and the bank, branch of a non-resident bank of the Republic of Kazakhstan, and/or organization carrying out certain types of banking operations.

Paragraph 29 is presented in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 30, 2020 No. 139 (see old version).

29. The payment organization provides payment services as a payment agent of a bank, branch of a non-resident bank of the Republic of Kazakhstan, and/or organization carrying out certain types of banking operations, or as a payment sub-agent in accordance with an agency agreement for the provision of payment services between the payment organization and the bank, branch of the non-resident bank of the Republic, and/or organization carrying out certain types of banking operations, or payment agent.

30. The agreement with the service provider and the agency agreement for the provision of payment services contain conditions specified in part four of paragraph 3 of Article 13 of the Law on Payments and Payment Systems.

Paragraph 31 is presented in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 30, 2020 No. 139 (see old version).

31. When carrying out activities as a payment agent, the payment organization provides information on attracted payment sub-agents to the bank, branch of a non-resident bank of the Republic of Kazakhstan, or organization carrying out certain types of banking operations, with which (with which) an agency agreement for the provision of payment services has been concluded, in accordance with the agreement between them.

Chapter 5. Notification by Payment Organizations
of the Opening of Branches

32. The payment organization, within ten working days from the day of opening a branch of the payment organization in the territory of the Republic of Kazakhstan and outside the territory of the Republic of Kazakhstan, submits a notification of the opening of a branch to the National Bank in the form according to Appendix 6 to these Rules on paper or electronically through the financial automated system for information transport.

Attached to the notification of the opening of a branch are:
1) a copy of the decision of the governing body of the payment organization on the opening of a branch and the election (appointment) of the first head of the branch of the payment organization;
2) a notarized copy of the regulation on the branch;
3) business plan of the branch;
4) a copy of the power of attorney issued to the first head of the branch.

33. Documents specified in paragraph 32 of these Rules are stored in the payment organization's file on paper and in electronic form.

Appendix 1 has been amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 27, 2018 No. 182 (see old version); presented in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 28, 2019 No. 221 (see old version); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old version).

Appendix 1
to the Rules on the Organization of Payment Organizations' Activities

Form

National Bank of the Republic of Kazakhstan

Application

---

(name and business identification number of the payment organization) requests to carry out accounting registration of the payment organization and include the payment organization in the registry of payment organizations

1. Location of the payment organization:

---

---

(postal code, city (region), district, street, house (office) number) ______ ______ (telephone, fax, email address, internet resource (if available))

2. Information on state registration (re-registration) of the payment organization:

---

---

(name of document, number and date of issue, issued by)

3. List of planned payment services to be provided in accordance with paragraph 3 of the Rules on the Organization of Payment Organizations' Activities:
   1) ______;
   2) ______;
   3) ______

4. List of documents to be submitted in accordance with paragraph 2 of Article 16 of the Law of the Republic of Kazakhstan dated July 26, 2016 "On Payments and Payment Systems":
   1) ______;
   2) ______;

5. Information on the head (members) of the executive body of the payment organization:
   General Information:

Surname, First Name, Patronymic (if any)	______
(in accordance with the document confirming identity, in case of change of surname, first name, patronymic -
	indicate when and for what reason changes occurred)
Individual Identification Number
Data of the document confirming identity	(name of document, number, series (if any) and date of issue, issued by)
Place of Residence	(place of residence, including home and office telephone numbers, as well as email address)
Citizenship

Full list of places of work and positions:

No.	Period of Work (month/year)	Name of Organization, Positions Held	Job Responsibilities
1.

Other Information:

Presence of an unexpunged or unrehabilitated criminal record	Yes/No
	(if yes, then indicate the details of the court verdict, article of the Criminal Code of the Republic of Kazakhstan)
If previously was a head, member of the governing body,	Yes/No
head, member of the executive body, chief accountant	(if yes, then the name of the organization, position, details of the
	financial organization, for a period of no more than one year prior to the
	decision on the conservation of the financial organization or forced purchase
	of shares of the financial organization, deprivation of license of the financial
	organization, leading to its
	liquidation and/or cessation of activities in the financial
	market, or a court decision that has entered into legal force on the forced
	liquidation of the financial organization or recognition of its bankruptcy in the manner
	determined by the Law of the Republic of Kazakhstan dated March 7, 2014 "On
	Rehabilitation and Bankruptcy")
Other Information (if any)

I confirm that the attached information has been verified by me and is accurate and complete.
I agree (agree) to the use of information constituting a legally protected secret contained in information systems.

First Head of the Payment Organization or person authorized to sign ______ ______ surname, first name, patronymic (if any) signature

Appendix 2 has been amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 27, 2018 No. 182 (see old version); presented in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 28, 2019 No. 221 (see old version); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old version); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated September 21, 2020 No. 119 (see old version); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 30, 2020 No. 139 (see old version).

Appendix 2
to the Rules on the Organization of Payment Organizations' Activities

Form

State Service Standard
"Inclusion in the registry of payment organizations that have undergone accounting registration in the National Bank of the Republic of Kazakhstan"

1.	Name of Service Provider	National Bank of the Republic of Kazakhstan
2.	Methods of Providing the State Service	Web portal "e-government"
		www.egov.kz, www.license (hereinafter - portal); office of the service provider.
3.	Term of Providing the State Service	Within ten working days from the day of registration of the application and the full list of documents.
4.	Form of Providing the State Service	Electronic (partially automated) and paper.
5.	Result of Providing the State Service	Notification of passing accounting registration for the provision of permission (right) to provide payment services by the payment organization established by the Law of the Republic of Kazakhstan dated July 26, 2016 "On Payments and Payment Systems" (hereinafter - Law) or a reasoned refusal.
	Form of the result of providing the state service: electronic/paper
6.	Size of the fee charged from the service recipient when	The service is provided free of charge.
	providing the state service, and methods of its
	collection in cases provided for by
	legislation of the Republic of Kazakhstan
7.	Work Schedule	1) service provider - from Monday to Friday from 9:00 to 18:30 with a lunch break from 13:00 to 14:30, except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan.
	Schedule for receiving documents and issuing results of providing the state service - from Monday to Friday from 9:00 to 17:30 with a lunch break from 13:00 to
	14:30;
	2) portal - around the clock, except for technical breaks due to repair work (if the service recipient contacts after the end of working hours, on weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan, receiving applications and issuing results of providing the state service is carried out on the next working day).
8.	List of Documents Necessary for Providing the	1) application in the form according to Appendix 1 to the Rules on the Organization of Payment Organizations' Activities, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 215 dated August 31, 2016 (hereinafter - Rules).
	State Service	2) copy of the diploma (diplomas) of the head (member) of the executive body of the payment organization;
	3) copy of the document confirming the employment of the head (member) of the executive body of the payment organization in accordance with the Labor Code of the Republic of Kazakhstan;
	4) copies of documents confirming the formation of the authorized capital;
	5) charter, except in cases where the payment organization carries out activities under a standard charter;
	6) document determining the procedure for interaction of the payment organization with the corresponding bank, branch of a non-resident bank of the Republic of Kazakhstan, or organization carrying out certain types of banking operations, carrying out money transfers for the provided payment services;
	7) rules for carrying out the activities of the payment organization, approved by the governing body of the payment organization.
	The list of mandatory conditions of the rules for carrying out the activities of the payment organization is established in the Rules.
9.	Grounds for Refusal to Provide the State	1) submission of incomplete and/or unreliable information that must be reflected in the documents specified in paragraph 2 of Article 16 of the Law;
	Service, Established by the Legislation of the	2) submission of an incomplete list of documents or non-compliance of documents with the requirements of the Law and Rules;
	Republic of Kazakhstan	3) if the head of the executive body of the payment organization does not meet the requirements established in Article 19 of the Law;
	4) if the payment organization, within one year from the day of its state registration (re-registration) in the State Corporation "Government for Citizens," did not apply for accounting registration.
	In case of refusal of accounting registration, the legal entity repeatedly submits an application for accounting registration upon elimination of the reasons that led to the refusal of accounting registration of the payment organization, or makes a decision to change its name or reorganization or liquidation.
	Failure to eliminate the reasons that led to the refusal of accounting registration of the payment organization is a ground for refusal to reconsider.
10.	Other Requirements Taking into Account the Specifics of Providing the	Addresses of places of providing the state service are posted on the portal and on the official internet resource of the service provider: www.nationalbank.kz, section "State Services".
	State Service	The service recipient is granted access to obtain information on the procedure and status of providing the state service in remote access mode through the Unified Contact Center for Questions on Providing State Services.
	Contact numbers of information services regarding the provision of the state service are posted on the official internet resource of the service provider: www.nationalbank.kz, section "State Services". Unified Contact Center for Questions on Providing State Services: 8-800-080-7777, 1414.

Appendix 3 has been amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 27, 2018 No. 182 (see old version); presented in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 28, 2019 No. 221 (see old version); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old version).

Appendix 3
to the Rules on the Organization of Payment Organizations' Activities

Form

"ҚАЗАҚСТАН РЕСПУБЛИКАСЫНЫҢ	[pic]	STATE INSTITUTION
ҰЛТТЫҚ БАНКІ»		"NATIONAL BANK
РЕСПУБЛИКАЛЫҚ		OF THE REPUBLIC OF KAZAKHSTAN"
МЕМЛЕКЕТТІК МЕКЕМЕСІ		[Details of the authorized
[Details of the authorized		body in Russian]
body in Kazakh]		[Decision number]
[Date of issuance of decision]		[Name of Service Recipient]
		[Details of Service Recipient]

The National Bank of the Republic of Kazakhstan, upon consideration of the application ______ name of service recipient and attached documents in accordance with paragraph 4 of Article 16 of the Law of the Republic of Kazakhstan dated July 26, 2016 "On Payments and Payment Systems," notifies of passing ______ name of service recipient accounting registration as a payment organization, assignment of registration number No. ______ and entry into the registry of payment organizations.

In accordance with sub-paragraph 4) of paragraph 2 of Article 13 of the Law of the Republic of Kazakhstan dated July 26, 2016 "On Payments and Payment Systems," the payment organization ______ name of service recipient provides the following payment services:
______;
______;

---

[Position of Signatory] [Full Name of Signatory]

Appendix 4 has been amended in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 27, 2018 No. 182 (see old version); presented in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 28, 2019 No. 221 (see old version); Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old version).

Appendix 4
to the Rules on the Organization of Payment Organizations' Activities

Form

Registry of Payment Organizations

No. p/p	Date of Registration	Registration Number of Payment Organization	Name of Payment Organization	Surname and Initials of Head	Business Identification Number of Payment Organization	Location of Payment Organization, Telephone, Fax, Email Address, Internet Resource (if any)	List of Provided Payment Services	Notes
1	2	3	4	5	6	7	8	9

Appendix 5 is presented in the edition of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 19, 2020 No. 35 (see old version).

Appendix 5
to the Rules on the Organization of Payment Organizations' Activities

State Service Standard
"Issuance of Consent for Conducting Voluntary Reorganization (Merger, Consolidation, Division, Separation, Transformation) of Payment Organizations"

1.	Name of Service Provider	National Bank of the Republic of Kazakhstan
2.	Methods of Providing the State Service	Web portal "e-government" www.egov.kz, www.elicense.kz (hereinafter - portal); office of the service provider.
3.	Term for Providing the State Service	Within ten working days from the date of registration of the decision and the full list of documents.
4.	Form of Providing the State Service	Electronic (partially automated) and paper.
5.	Result of Providing the State Service	Notification of the decision made following the coordination or a reasoned response refusing to provide the state service.
	Form of the result of providing the state service: electronic/paper
6.	Fee Amount Charged to the Service Recipient for Providing the State Service, and Methods of Its Collection in Cases Provided for by the Legislation of the Republic of Kazakhstan	The service is provided free of charge.
7.	Working Hours	1) of the service provider - from Monday to Friday from 9:00 to 18:30 with a lunch break from 13:00 to 14:30, except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan.
	Schedule for receiving documents and issuing results of providing the state service - from Monday to Friday from 9:00 to 17:30 with a lunch break from 13:00 to 14:30;
	2) of the portal - around the clock, except for technical interruptions due to maintenance work (if the service recipient contacts after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, receiving applications and issuing results of providing the state service is carried out on the next working day).
8.	List of Documents Required for Providing the State Service	1) decision on voluntary reorganization of the payment organization;
	2) documents describing the proposed terms, forms, procedures and deadlines for voluntary reorganization of the payment organization;
	3) agreement on accession (merger), signed by the heads of executive bodies of the reorganized payment organizations;
	4) audit report in accordance with the legislation of the Republic of Kazakhstan on audit activity;
	5) rules for carrying out the activities of the payment organization formed as a result of voluntary reorganization.
9.	Grounds for Refusal to Provide the State Service, Established by the Legislation of the Republic of Kazakhstan	1) if the head of the executive body of the payment organization formed as a result of voluntary reorganization does not meet the requirements of Article 19 of the Law of the Republic of Kazakhstan dated July 26, 2016 "On Payments and Payment Systems";
	2) if the voluntary reorganization of payment organizations hinders the exercise of control over the market for payment services, as well as causes harm to the interests of payment service recipients.
10.	Other Requirements Taking into Account the Features of Providing the State Service	Addresses of places where the state service is provided are posted on the portal and on the official Internet resource of the service provider: www.nationalbank.kz, section "State Services".
	The service recipient is granted access to obtain information on the procedure and status of providing the state service in remote access mode via the Unified Contact Center for questions regarding the provision of state services.
	Contact phone numbers of information services regarding the provision of the state service are posted on the official Internet resource of the service provider: www.nationalbank.kz, section "State Services". Unified Contact Center for questions regarding the provision of state services: 8-800-080-7777, 1414.

Appendix 6 has been amended in accordance with the Resolution of the Board of the National Bank of the RK dated 27.08.18 No. 182 (see old version); presented in the edition of the Resolution of the Board of the National Bank of the RK dated 28.11.19 No. 221 (see old version).

Appendix 6
to the Rules for the Organization of Payment Organization Activities

Form

National Bank of the Republic of Kazakhstan

Notification of Branch Opening

---

(name, location and business identification number of the payment organization) hereby notifies of the opening of a branch:

• on the territory of the Republic of Kazakhstan (in case of opening):

---

(name, location and business identification number of the branch of the payment organization) Data on the head:

---

(position, surname, first name, patronymic (if any) List of payment services provided by the branch of the payment organization, in accordance with paragraph 3 of the Rules for the Organization of Payment Organization Activities:
1) ______;
2) ______;
3) ______

• outside the Republic of Kazakhstan (in case of opening):

---

(name, location of the branch of the payment organization) Data on the head:

---

(position, surname, first name, patronymic (if any) List of payment services provided by the branch of the payment organization in accordance with paragraph 3 of the Rules for the Organization of Payment Organization Activities:
1) ______;
2) ______;
3) ______
I confirm that the attached information has been verified by me and is true and complete.
I agree (agree) to the use of information constituting a legally protected secret contained in information systems.
First head of the payment organization or person authorized to sign ______ ______ surname, first name, patronymic (if any) signature