Eternity Law International News Bank formation in Kazakhstan

Bank formation in Kazakhstan

Published:
June 7, 2021
Share it:

Bank formation in Kazakhstan

Bank formation in Kazakhstan has a two-tiered banking system.  The first tier is comprised of the National Bank of Kazakhstan (NBK), which reports to the president. The second tier includes 28 commercial banks, including one state-owned bank and 14 banks 30% or more of which are held by foreigners, 12 of which are subsidiaries of foreign banks. In addition to its monetary policy responsibilities, the National Bank performs the functions of a financial regulator. In that role, the NBK is charged with overall supervision of the banking sector, insurance, pension system, stock market, microcredit organizations, debt collection agencies, and credit bureaus. In May 2019, the NBK proposed changes to legislation providing for establishment of a new independent regulatory body that would take charge of financial markets control and development, as well as consumer rights protection, while the NBK will concentrate on monetary policy and inflation control.  The function split should eliminate conflict of interests within the NBK, improve financial market regulation and prevent malpractices.

Although prohibited from creating retail banking branches in Kazakhstan until 2020, foreign banks may establish subsidiaries, joint ventures, and representative offices.  As of April 2019, 20 foreign banks had representative offices in Kazakhstan.  The legislation mandates equal treatment for foreign and Kazakhstani investors, a position reinforced in 2005 by legislative amendments that lifted restrictions on the participation of foreign capital in the banking sector.  Notably, no individual may own more than 10% of a bank’s shares (unless that bank is a subsidiary of another bank) without permission from the National Bank.

Governmental policy regarding the banking in Kazakhstan:

Foreign individuals and companies can open bank accounts in local banks as soon they present identification documents and confirmation of local registration, including taxpayer registration.

According to the IMF’s April 2019 Regional Economic Outlook for Central Asia and September 2018 Staff Report, the banking sector remains saddled with weak underwriting and reporting standards, poor payment culture, a related party, and directed lending, the opacity of ownership, and reliance on state support.  Legacy non-performing loans (NPLs) from the 2007-2008 global financial crisis and Kazakhstan’s real estate market collapse continue to hinder banks’ profitability and their ability to extend credit.  From 2013-2016, the drop in oil prices precipitated a 40% currency depreciation and economic slowdown that further weakened the banking sector, which was overexposed to domestic dollar lending.

In response to these crises, the government facilitated several rounds of bank bailouts to ensure stability and facilitate the sector’s consolidation, with mixed results.

Banking sector recovery remains a top priority for the government, and the NBK has adopted policies to strengthen oversight and capital requirements, de-dollarize, resolve bad assets, and encourage consolidation NBK policies have somewhat improved the situation and helped to preserve banking sector stability.  For example, the share of NPLs dropped from 31% in January 2014 to .6% in April 2019(although analysts believe the figure has always been much higher with restructured loans and interest gaps included).  However, the sector has yet to fully recover and the NBK has more work to do to clean it up. The regulator introduces the risk-based supervision approach in 2019 and performs an AQR which should help assess banks’ capital adequacy and establish follow-up measures.

The bank formation of banking institution in Kazakhstan consists of few stages, such as:

1) The registration process of the joint-stock company (for a bank in Kazakhstan it is required to have the particular legal form of the entity – joint-stock company).

2) Collection and preparing of the required documentation to apply to NBK, submitting of the documents to the NBK.

3) Approval process of the UBO of the bank and obtaining of the approval to establish a banking institution from NBK.

4) Issuance of the banking license.

Contact us if you wish to establish your banking institution in Kazakhstan. We have a team of professional lawyers who have substantial experience in the corporate, banking, compliance, and other branches of law who can establish your banking institution as soon as possible.

Table of contents

You could be interested

Company registration in Chile

The Chilean Republic is one of the richest, most developed and promising countries in South America. Moreover, it is a stable state with a low level of corruption. Chile company registry grants fully-centralized digital access to incorporation data, shareholder changes, and current legal status. Businessmen and advisers use the platform to verify organizations, get officially-certified...

How To Setup a Company in DMCC Free-Zone

Dubai Multi Commodities Centre (DMCC), established in the heart of Dubai in 2002, is one of the most prestigious and rapidly growing free-zones globally. With over 15,000 registered enterprises from various industries, DMCC is a hub for global trade, attracting entrepreneurs and corporations aiming to tap into the Middle Eastern and global markets. The allure...

Company Liquidation in Croatia

Organisation termination is a well-defined lawful workflow that leads to the winding-up of a business entity, guaranteeing that its monetary and legislative mandates are properly settled. Whether due to monetary hurdles, deliberate transformations, or legislative workflow, liquidating a company in Croatia demands careful abidance by local legislations and supervisions. This guide provides a detailed overview...

PSP license in Malta

Malta has experienced a substantial rise in the number of PSPs authorized there in recent years. As a result, the island has emerged as a top location for financial businesses. The specialists at Eternity Law International are eager to assist clients with obtaining a PSP license in Malta. Legal Basis Maltese law effectively supervises the...

PSP license in Luxembourg

Luxembourg is known for its stable domestic market and fairly favorable conditions for start-up businesses. Regulation of the financial sector in the jurisdiction occurs in accordance with the Banking Law. The regulatory body responsible for this sector is the Commission Concerning Supervisory Authority (CSSF). The work and proper functioning of this body is closely monitored...

Business Formation & Corporate Governance in Spain

Given the well-functioning commercial sector in the Europe, this place has attracted a large number of people who have an interest in running up there commercial projects. We can’t emphasize enough the need to understand the basics of establishing and running a firm– and in a jurisdiction such as Spain, that’s pretty intimidating, if you...

Related posts

Nevis Gaming License

Nevis Gaming License is regarded by market participants as alternative to other regulatory models, including Curacao Gambling License and Malta Gaming License. At the same time, Gambling License in Nevis represents independent legal framework, structured as separate model of regulatory control and primarily focused on online gaming activities and international operators. Nevis is autonomous jurisdiction...

Opening a business in Turkey

Turkey occupies a liminal position between Europe and Asia, making it a pivotal trade and investment crossroads. A dynamic economy and a huge local market draw entrepreneurs from around the world to the country. Understanding the local legal and financial landscape is the first step for those looking for opening a business in turkey. This...

GmbH vs UG: Credibility Premium vs Capital Efficiency for Early-Stage Teams

This is where the rubber meets the road for founders in Germany who are ready to incorporate their first company. They must choose between two very popular modes. GmbH or UG are both limited liability companies under German law that offer both forms of personal protection for shareholders and work within somewhat similar statutory frameworks....

Liquidation of companies in Cyprus

Key components in sustaining the attractiveness of the island in question as a nation for businesses include the tax system, EU membership, and corporate legislation. Termination is the last resort for a firm sometimes. It is crucial that in such a process, members of the board, investors, and advisers have exposure. The paper gives simple...

From Share Purchase Agreements to Smart Contracts: Redefining Legal Frameworks

The world of corporate deals has always had its drama. Negotiations, long documents, endless edits, lawyers from both sides who spend weeks agreeing on every comma in the Share Purchase Agreement. But imagine a completely different picture: instead of a ton of tribulations on the way to perfection, there are a few lines of code...

Argentina Corporate Tax Explained

To investors and entrepreneurs eyeing Argentina, navigating the country’s corporate taxation sphere isn’t just a bureaucratic hassle; it’s a key step to building a viable and compliant business there. The fiscal regulations are not perfectly committed, but this region is rich in detailed tax laws that are quite well crafted towards control and digital verification....

Discover our services

The international company Eternity Law International provides professional services in the field of international consulting, auditing services, legal and tax services.

Fill the blank: