Government to include in parliament draft law on financial statement, providing criminal responsibility of financial institutes` chiefs
30.06.08 21:43
/INTERFAX-KAZAKHSTAN, Astana, June 28, 08/ - On Saturday, Kazakhstan
government examined the bill on financial statement and decided to include this
document in parliament on meeting in Astana, correspondent of Interfax-
Kazakhstan agency informed.
"The main objectives of the document are improvement of mechanism of
preventive risks revelation of financial system, introducing criminal
responsibility of major participants of financial organizations, and expanding
competence of authorized body in case of default on demands on improvement of
financial condition by shareholders of financial organizations" - Elena
Bahmutova, the head of AFS said, presenting the bill.
According to Bahmutova, introducing of criminal responsibility is provided in
relation of "major participants of financial organizations, first chief (major
participant or person, who permanently, temporary either on special authorities
substituting managing body) for deliberate act or failure lead to insolvency and
carried to force liquidation of insurance organization, accumulated pension fund
or bank".
For this malefaction, E. Bahmutova noted, the bill provides "penalty in amount
from 3 to 6 th. MCI or in amount of salary or other income of condemned for the
period from 6 months to 1 year, either arrest from 3 to 6 months term, either
imprisonment from 1 to 3 years term with penalty".
MCI - monthly calculated indicator, 1 MCI in Kazakhstan makes KZT1168
(current - 120.75/$1).
Besides, according to the head of AFS, in the draft law is fixed the right of
government "to decide on purchasing declared bank's shares by national
managing company in amount of not less than 10% from total amount in case of
worsening conditions of financial organization, revealed in violation of
prudent norms and other liabilities of abidance by limit rules". The thing is
about violation of capital adequacy and liquidity indicator and also double
violation of other norms" - E. Bahmutova explained.
"This mechanism is implemented for prevention of system crisis worsening. (...)
There are situations, when bank's condition is worsening, but current
shareholders cant or don't want to do something. In this case, flowing in of
new capital is demanded for bank's overcoming crisis situation and retaining
trust to system and investors defending" - she added.
[2008-06-30]