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Information regarding requirements for putting seal in document with samples of signatures during opening of bank account by legal entities and individual entrepreneurs

15.05.2018

Dear Customers of «Tengri Bank» JSC,

Hereby, according to letter from the National Bank of the Republic of Kazakhstan dated 04.05.2018 No.29-1-03/410, concerning requirements of banks during opening of banking accounts for business entity, we would like to notify You about that Rules of opening, management and closing of customers’ accounts, approved by Orders of the Management Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No.207 (hereinafter – Rules), are provided for by requirement for putting seal in document with samples of signatures during opening of bank account by legal entities and individual entrepreneurs only in case if they have a seal. Also, Rules has established that individual entrepreneurs shall specify whether they have seal in document with samples of signature and seal imprint or not.

At the same time, in accordance with paragraph 2 of Article 33 of the Civil Code of the Republic of Kazakhstan, a legal entity has a seal with its name. This requirement does not apply to legal entities that are subjects of private entrepreneurship, except for cases provided for by this Code and the laws of the Republic of Kazakhstan.

In this regard, if individual entrepreneur, by virtue of article 33 of the Civil Code of the Republic of Kazakhstan, does not have a seal, demand of seals by banks in this case is illegal.

In addition, we would like to note that within bill of the Republic of Kazakhstan on "Amendments and additions to some legal acts of the Republic of Kazakhstan concerning development of regulating individual entrepreneurship (At the moment the bill has been approved by the Senate of the Parliament of the Republic of Kazakhstan), amendments are made to article 10 of Commercial code of the RK, according to which individual entrepreneurs may have seal with their own brand, however state bodies and financial organizations are not allowed to demand seal in documents of legal entities related to individual entrepreneurs.

Thereafter, after signing this Law by the National Bank of the Republic of Kazakhstan, relevant amendments will be made to regulative legal acts of the National Bank of the Republic of Kazakhstan.



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