On establishment of Requirements for the content and procedure for issuing insurance policies

Resolution of the Board of the National Bank of the Republic of Kazakhstan of October 29, 2018 No. 269. Registered in the Ministry of Justice of the Republic of Kazakhstan on November 28, 2018 No. 17806.

      Unofficial translation

      Footnote. The title in the wording of the resolution of the Management Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated 12.02.2021 № 28 (shall enter into force from the day of its first official publication).

      In accordance with the Laws of the Republic of Kazakhstan dated December 18, 2000 "On insurance activities," "On compulsory civil liability insurance of private notaries" dated June 11, 2003, "On compulsory civil liability insurance of audit organizations" dated June 13, 2003, dated July 1, 2003 "On compulsory insurance of the carrier's civil liability to passengers," "On compulsory insurance of civil liability of vehicle owners" dated July 1, 2003, dated December 31, 2003 "On compulsory insurance of a tourist," dated July 7, 2004 "On compulsory insurance of civil liability of owners of facilities," whose activities shall be related to the danger of harm to third parties, "dated December 13, 2005" On compulsory environmental insurance "The Board of the National Bank of the Republic of Kazakhstan hereby shall be RESOLVED:

      Footnote. Preamble - in the wording of the Resolution of the Management Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated 23.12.2020 № 127 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      1. to establish:

      1) Requirements to the content and procedure of registration of insurance policies in accordance with Annex 1 hereto;

      2) excluded by the resolution of the Management Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 23.12.2020 № 127 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
      Footnote. Paragraph 1 as amended by the introduction of the resolutions of the Management Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated 23.12.2020 № 127 (shall enter into force upon expiry of ten calendar days after the day of its first official publication); dated 12.02.2021 № 28 (shall enter into force from the date of its first official publication).

      2. The regulatory legal acts of the Republic of Kazakhstan, as well as structural elements of certain regulatory legal acts of the Republic of Kazakhstan shall be declared to be no longer in force according to the list in compliance with Appendix 3 to this resolution.

      3. The Department of Regulation of Non-Bank Financial Institutions (A.M. Kosherbayeva) in accordance with the legislation of the Republic of Kazakhstan shall:

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

      2) within ten calendar days from the date of State registration of this resolution, send a copy hereof both in Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) place this resolution on the Internet resource of the National Bank of the Republic of Kazakhstan after its official publication;

      4) within ten working days after the state registration of this resolution, submit to the Legal Department the information on the implementation of measures provided for in subparagraphs 2), 3) of this paragraph and paragraph 4 of this resolution.

      4. The Directorate for the Protection of the Rights of Consumers of Financial Services and External Communications (A.L. Terentyev) shall, within ten calendar days after the state registration of this resolution, send its copy for the official publication in periodicals.

      5. Control over execution of this resolution shall be entrusted to Deputy Chairman of the National Bank of the Republic of Kazakhstan Zh.B. Kurmanov

      6. This resolution shall enter into force from January 1, 2019 and shall be subject to official publication.

      Chairman of the National Bank D. Akishev

  Appendix 1
to resolution of the Board
of the National Bank
of the Republic of Kazakhstan
№ 269 dated October 29, 2018

Requirements to the content and procedure for issuing insurance policies

      Footnote. The title - in the wording of the resolution of the Management Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated 12.02.2021 № 28 (shall enter into force from the day of its first official publication).

      1. These Requirements to the content and procedure of the insurance policy (hereinafter referred to as the Requirements) shall have been developed in accordance with the Laws of the Republic of Kazakhstan dated December 18, 2000 "On insurance activities," "On compulsory civil liability insurance of private notaries" dated June 11, 2003, "On compulsory civil liability insurance of audit organizations" dated June 13, 2003, dated July 1, 2003 "On compulsory insurance of the carrier's civil liability to passengers," dated July 1, 2003 "On compulsory insurance of civil liability of vehicle owners," dated December 31, 2003 "On compulsory insurance of a tourist" (hereinafter referred to as the Law on compulsory tourist insurance), dated July 7, 2004 "On compulsory insurance of civil liability of owners of facilities whose activities shall be related to the danger of harm to third parties," dated December 13, 2005 "On compulsory environmental insurance" and shall establish requirements for the content and procedure for issuing insurance policies.

      For the purposes of the Requirements, the following concept shall be used:

      insurer - an insurance organization, a branch of a non-resident insurance organization of the Republic of Kazakhstan.

      Footnote. Paragraph 1 in the wording of the resolution of the Management Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated 12.02.2021 №28 (shall enter into force from the date of its first official publication).

      2. The insurance policy shall contain the following information:

      1) name, location, telephone number and bank details of the insurer;

      2) surname, first name, patronymic (if any), individual identification number, economic sector code, residence sign (resident of the Republic of Kazakhstan or non-resident of the Republic of Kazakhstan), legal address and (or) place of residence of the insured (for individuals);

      3) name, business identification number, economic sector code, residence sign (resident of the Republic of Kazakhstan or non-resident of the Republic of Kazakhstan), location and actual address, bank details of the insured (for legal entities);

      4) surname, first name, patronymic (if any), telephone number, individual identification number of the insurance agent (if it is an individual resident of the Republic of Kazakhstan) or name, location and actual address, telephone number and business identification number of the insurance agent (if it is a legal entity resident of the Republic of Kazakhstan);

      5) indication of the subject of insurance;

      6) indication of the insured event;

      7) the size of the insurance amount, the type of currency, the procedure and timing of the insurance payment;

      8) the amount of the insurance premium (insurance premium, if payment is made in installments), the total amount of the insurance premium and the amount of the insurance premium, taking into account the benefit (if any) under compulsory insurance contracts for civil liability of vehicle owners, the total amount of the insurance premium and the amount of the insurance premium, taking into account the discount provided by the insurer (if any), the type of currency, the procedure and timing of payment of the insurance premium;

      9) an indication of the presence or absence of commission fees due to the insurance agent;

      10) date of conclusion and validity period of the insurance policy;

      11) indication of the identification number, the sign of residency and the economic sector of the insured (beneficiary), if he is not the insured under the insurance policy, in the case of indication of the insured (beneficiary) in the insurance policy;

      12) the number of the insurance policy (in case of registration of the insurance policy in paper form on the form of the insurer) or the unique number of the insurance policy assigned by the organization for the formation and maintenance of the database (when issuing the insurance policy in electronic form);

      13) the terms of notification of the insured or the insured about the missing documents necessary for the implementation of the insurance payment;

      14) type of economic activity (for legal entities);

      15) indication of the territory of the insurance policy;

      16) signature of the insurer (in case of registration of the insurance policy in paper form on the form of the insurer);

      17) information in accordance with the legislation of the Republic of Kazakhstan on insurance and insurance activities.

      The economic sector code shall be indicated in accordance with the Rules for the application of economic sector codes and the purpose of payments, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 203, registered in the Register of State Registration of Regulatory Legal Acts under No. 14365, and the Instruction on submission by second-tier banks, Development Bank of Kazakhstan, branches of non-resident banks of the Republic of Kazakhstan, branches of insurance (reinsurance) non-resident organizations of the Republic of Kazakhstan and mortgage organizations to the National Bank of the Republic of Kazakhstan for the formation of an overview of the financial sector, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated June 29, 2018 No. 139, registered in the Register of State Registration of Regulatory Legal Acts under No. 17274.

      The type of economic activity shall be indicated in accordance with Annex 38 to the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 31, 2019 No. 275 "On approval of the list, forms, deadlines for submitting statements by an insurance (reinsurance) organization and insurance broker and its presentation Rules," registered in the Register of State Registration of Regulatory Legal Acts under No. 19927.

      Footnote. Paragraph 2 - in the wording of the resolution of the Management Board of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market dated 20.09.2021 № 90 (shall enter into force from 01.10.2021).

      3. Information about the insurant and the insurer, contained in the insurance policy, shall correspond to the information specified in the application of the insurant, on the basis of which the insurance policy shall be issued.

      4. In case of execution of an insurance policy in paper form on the insurer's letterhead, the description of the rights and obligations of the parties shall be set forth on the reverse side of the insurance policy or attached thereto.

      5. An insurance policy on compulsory insurance of a tourist in addition to the information specified in paragraph 2 of the Requirements, shall contain the name, location, Internet resource, telephone and fax number, e-mail address of the insurer's assistance company, surname, name, patronymic (in its existence), date of birth and place of residence of the insured.

      6. In confirmation of the conclusion of the insurance policy on compulsory insurance of the tourist, the insurer shall issue an insurance certificate in electronic form to the insurant, indicating the existence of the current insurance protection in relation to the insurant.

      Upon the request of the insurant, the insurance certificate shall be issued in paper form on the insurer's letterhead.

      The insurance certificate, in addition to the information specified in subparagraphs 1), 2), 3),6), 8), 10), 11), 12), 15) and 16) of paragraph 2 and paragraph 5 of the Requirements, shall contain the procedure of actions of the insured in case of insured event and the insurance program.

      An indication of the object of insurance, limit of liability of the insurer (insured amount) and types of expenses to be reimbursed, description of rights and obligations of the parties, procedure and terms of insurance payment, as well as other conditions of insurance established by the Law on compulsory insurance of the tourist shall be attached to the insurance certificate.

      An insurance policy on compulsory insurance of tourist and insurance certificate shall be filled in accordance with the requirements stipulated by an international agreements, legislation of the country (place) of temporary stay of the policyholder.

      7. If the insurance policy is issued by the insurer's branch, the insurance policy shall contain the name, location and telephone of the insurer's branch, surname, name, patronymic (in its existence) of the branch manager.

      8. Insurance policies under compulsory insurance contracts, the types, conditions and procedure of which shall be established by separate legislative acts of the Republic of Kazakhstan regulating compulsory types of insurance, shall be executed in electronic form and shall not be subject to printing on the form of the insurance policy.

      Insurance policies under imputed and voluntary insurance contracts shall be executed in paper form on the form of the insurer and (or) in electronic form.

      Footnote. Paragraph 8 - in the wording of the resolution of the Management Board of the Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan dated 23.12.2020 № 127 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      9. The text of the insurance policy shall be presented both in Kazakh and Russian languages, insurance policy on compulsory insurance of the tourist, the insurance certificate – in Kazakh, Russian and English languages.

      The text of the insurance policy, the insurance certificate shall be interpreted in accordance with the literal meaning of their verbal expression. In case of use in the text of the special insurance terminology shall be given a full and unambiguous interpretation.

      10. The insurance policy, issued in paper form on the form of the insurer, shall be signed by the insurance agent, in case of presence of corresponding powers in the contract concluded between the insurer and the insurance agent.

      11. Amendments and corrections while filling the insurance policy, insurance certificate, issued in paper form on the form of the insurer, shall be prohibited.

      12. In case of loss of an insurance policy or an insurance certificate, issued in paper form on the insurer's letterhead, the insurer, upon the application of the insurant or the insured shall issue a duplicate, which has the same legal force with an original, with the inscription "duplicate" in the upper right corner and indicating the date of the initial issuance of the insurance policy or insurance certificate.

  Appendix 2
to resolution of the Board
of the National Bank
of the Republic of Kazakhstan
№ 269 dated October 29, 2018

Requirements for the content of the application for the conclusion of the
compulsory insurance contract in plant production

      Footnote. Appendix 2 is excluded by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated December 23, 2020 No. 127 (shall be enforced ten calendar days after the day of its first official publication).

  Annex 3
to resolution of the Management
Board of the National Bank of the
Republic of Kazakhstan
dated October 29, 2018 № 269

List of regulatory legal acts of the Republic of Kazakhstan,
as well as structural elements of certain regulatory legal acts
of the Republic of Kazakhstan recognized as invalid

      1. Resolution of the Management Board of the Agency of the Republic of Kazakhstan for regulation and supervision of the financial market and financial organizations dated March 1, 2010 No. 24 "On approval of Requirements for the maintenance and manufacture of insurance policy forms, registration and issuance of insurance policies for compulsory insurance of civil liability of vehicle owners, compulsory insurance of the civil liability of the tour operator or travel agent, as well as to the content of the policyholder's applications for concluding compulsory insurance contracts for certain types of compulsory insurance " (registered in the Register of State Registration of Regulatory Legal Acts under No. 6171, published on August 7, 2010 in the Collection of Acts of Central Executive and Other Central State Bodies of the Republic of Kazakhstan No. 13).

      2. Resolution of the Management Board of the National Bank of the Republic of Kazakhstan dated August 26, 2011 No. 95 "On introduction of amendments to the resolution of the Management Board of the Agency of the Republic of Kazakhstan for regulation and supervision of the financial market and financial organizations dated March 1, 2010 No. 24" On approval of the instructions for the maintenance and manufacture of insurance policy forms, on the registration of an insurance policy for compulsory insurance of civil liability of vehicle owners, as well as on the content of the insured's applications for concluding compulsory insurance contracts for certain types of compulsory insurance " (registered in the Register of State Registration of Regulatory Legal Acts under No. 7240, published on October 28, 2011 in the newspaper "Legal Newspaper" No. 158 (2148).

      3. Paragraph 25 of the List of Regulatory Legal Acts of the Republic of Kazakhstan, which shall be introduced by amendments, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 26, 2013 No. 110 "On introduction of amendments to some regulatory legal acts of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts under No. 8505, published on August 6, 2013 in the newspaper "Legal Newspaper" No. 115 (2490).

      4. Paragraph 1 of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated October 20, 2015 No. 197 "On introduction of amendments and additions to some Regulatory Legal Acts of the Republic of Kazakhstan on Insurance Activities" (registered in the Register of State Registration of Regulatory Legal Acts under No. 12364, published on December 28, 2015 in the information and legal system "Adіlet").

      5. Paragraph 2 of the List of regulatory legal acts of the Republic of Kazakhstan on issues of the financial market and financial organizations, to which introduction of amendments and additions, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated January 28, 2016 No. 12 "On introduction of amendments and additions to some Regulatory Legal Acts of the Republic of Kazakhstan on issues of the Financial Market and Financial Organizations" (registered in the Register of State Registration of Regulatory Legal Acts under No. 13308, published on March 14, 2016 in the information and legal system "Adіlet").

      6. Resolution of the Management Board of the National Bank of the Republic of Kazakhstan dated May 30, 2016 No. 141 "On introduction of amendments of the resolution of the Management Board of the Agency of the Republic of Kazakhstan for Regulation and Supervision of the Financial Market and Financial Organizations dated March 1, 2010 No. 24" On approval of Requirements for the maintenance and manufacture of insurance policy forms, registration and issuance of insurance policies for compulsory insurance of civil liability of vehicle owners, compulsory insurance of the civil liability of the tour operator or travel agent, as well as to the content of the policyholder's applications for concluding compulsory insurance contracts for certain types of compulsory insurance " (registered in the Register of State Registration of Regulatory Legal Acts under No. 13929, published on August 5, 2016 in the information and legal system "Adіlet").

      7. Paragraph 3 of the List of regulatory legal acts of the Republic of Kazakhstan on the regulation of insurance activities, which shall be introduced by amendments, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated January 28, 2017 No. 17 "On introduction of amendments to some Regulatory Legal Acts of the Republic of Kazakhstan on the Regulation of Insurance Activities" (registered in the Register of State Registration of Regulatory Legal Acts under No. 15104, published on June 9, 2017 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).

      8. Paragraph 1 of the List of resolutions of the Board of the National Bank of the Republic of Kazakhstan, which shall be introduced by amendments and additions on issues of payments and payment systems, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 22, 2017 No. 248 "On introduction of amendments to some resolutions of the Board of the National Bank of the Republic of Kazakhstan on payments and payment systems" (registered in the Register of State Registration of Regulatory Legal Acts under No. 16446, published on March 13, 2018 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).