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Practical Note for Investors: Insights into Kazakhstan’s Banking Sector in 2025
In 2024, Kazakhstan’s financial regulator and the president of Kazakhstan emphasised repeatedly the necessity of updating the nation’s banking laws to align with global economic trends. This has been particularly relevant to the development of fintech ecosystems—a focus area for our firm over the past few years. In light of these discussions, we have prepared this note to provide a practical overview of the key proposed changes expected in 2025 and their implications for potential investors in the banking sector. We will continue monitoring these developments closely throughout the year to keep you informed. Key proposed changes and opportunities Introduction of two types of banking licenses
Practical Note: The Development of the Banking Sector within the Astana International Financial Centre (AIFC)
Since its establishment, the AIFC has generated significant interest by developing its financial services sector, particularly in banking. The financial ecosystem in the AIFC was designed to attract foreign investment, and various incentives have been introduced to encourage the growth of both traditional and Islamic banking businesses. However, despite these incentives, the development of the banking sector within the AIFC has not reached its full potential. 1. Incentives for bank establishment within the AIFC A series of tax exemptions and regulatory waivers have been provided to make it easier for banks to operate within the AIFC. These measures include: Tax exemptions: Both traditional and Islamic
The National Bank of Ukraine introduced additional changes to currency restrictions
The National Bank of Ukraine published amendments to currency restrictions that were introduced in February 2022 at the start of the full-scale Russian invasion. The changes relate to payments under international technical assistance projects, transfers for the import of goods, dividend payments, and lending for the purchase of foreign currency-denominated government bonds. While the first two categories involve the easing of restrictions, dividend payments and lending for purchasing foreign currency-denominated government bonds are now subject to stricter regulation.Click on one of the images below or use the following links to read our overview in English or in Ukrainian. Download
Kinstellar advises Baiterek National Managing Holding JSC on the sale of Bereke Bank, in Kazakhstan
Kinstellar has advised Baiterek National Managing Holding JSC on the KZT 65 billion (approx. US$135 million) sale of Bereke Bank JSC to Lesha Bank LLC, the first independent Shari'a-compliant Bank authorized by the Qatar Financial Center Regulatory Authority (QFCRA), and a listed entity on the Qatar Stock Exchange (QSE: QFBQ). This significant transaction aligns with the President Kassym-Jomart Tokayev’s drive for foreign investment in Kazakhstan's financial sector. Our involvement highlights our ability to navigate complex legal frameworks, particularly when dealing with government entities. This deal continues to demonstrate Kinstellar’s strong M&A capabilities on transactions involving Kazakhstan and English
Kinstellar advises Banque Fédérative du Crédit Mutuel S.A. on the acquisition of Magyar Cetelem Bank, Hungary
Kinstellar has successfully advised Banque Fédérative du Crédit Mutuel S.A. (owner of Cofidis Bank) on the acquisition of BNP Paribas’s Hungarian subsidiary, Magyar Cetelem Bank. This transaction exemplifies the seamless and efficient teamwork across service lines at Kinstellar's Budapest office. Kinstellar provided comprehensive assistance to Cofidis Bank throughout the entire transaction process, which included extensive corporate support, banking regulatory approvals, merger clearance, competition law considerations, and the closing of the transaction. It was an exceptionally complex deal, characterized by prolonged and detailed negotiations. The Kinstellar team in Budapest was led by Gábor Gelencsér
Hugh Owen, a top M&A lawyer in Central and South Eastern Europe, joins Kinstellar as Partner
Kinstellar is very pleased to announce that Hugh Owen joins the Firm as a Partner, effective 1 October 2024. Hugh is a very well-known leading M&A lawyer in the Central and South Eastern European region with an impressive track record. He spent over 23 years at Allen & Overy, including 13 years as a partner. He then ran his own law firm and M&A training business for four years as a sole practitioner, closing over 20 deals with a combined value of over EUR 2.5 billion. For two years from July 2022 to June 2024 he served as Head of Legal Business Solutions for PwC CEE, responsible for the strategy for Legal in over 25 jurisdictions, including Eurasia, core CEE countries, the Baltics, Ukraine and South-Eastern
Romania to introduce stricter compliance rules for crypto-asset service providers
Romania’s National Office for the Prevention and Control of Money Laundering has recently published a draft of an Emergency Ordinance amending and supplementing Law no. 129/2019 on the prevention and control of money laundering and terrorist financing (the Emergency Ordinance) in order to harmonise domestic legislation with the provisions of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing (the Fifth AML Directive), as amended by Regulation (EU) 2023/113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets
Kinstellar advises Nova Ljubljanska Banka on successful completion of Summit Leasing Slovenia acquisition
Kinstellar is proud to have successfully advised Nova Ljubljanska Banka, Slovenia’s largest banking group, on completing the acquisition of 100% of SLS HOLDCO, the parent company of Summit Leasing Slovenija, and its subsidiaries, including Croatian Mobil Leasing. After receiving all required regulatory and anti-trust approvals, NLB became the sole shareholder. The Kinstellar team, led by Partner Edmund Emre Özer and supported by Associate Bianka Kovacs, collaborated closely with Kavcic, Bracun & Partners in Slovenia on the transaction.
The new EU AML framework and its far-reaching implications
The Council of the European Union has recently adopted a new set of Anti-Money Laundering (AML) rules, nearly three years after the European Commission unveiled its package of legislative proposals. The legislative package introduces significant changes to the EU’s AML and Countering the Financing of Terrorism (CFT) landscape, including: A more detailed and synchronised approach as to implementing parts of the AML/CFT regulations such as in respect of client due diligence, internal policies and identification of beneficial owners; A requirement for each obliged entity to have a compliance manager (member of the management body/senior management); Extending the list of obliged entities to include (amongst
Navigating the Regulatory Landscape: An Overview of Banking as a Service
In an era defined by digital transformation and the ever-evolving landscape of financial services, the concept of banking as a service (“BaaS”) has emerged as a key force reshaping the industry. By enabling non-bank entities to offer financial services through partnerships with licensed banks or financial institutions, BaaS has opened up a new realm of possibilities, facilitating innovation, enhancing customer experience and promoting financial inclusion. However, realising these opportunities is closely linked to navigating the complex regulatory framework that governs BaaS operations. BaaS can take various forms, allowing non-licensed entities to provide financial products such as banking, payment, e-money
The National Bank of Ukraine significantly eases the temporary currency restrictions
The National Bank of Ukraine (NBU) significantly eases the temporary currency restrictions imposed under martial law and, among other things, simplifies the terms of servicing residents' external borrowings and allows a number of cross-border transfers that are essential for Ukrainian businesses. Click on the following links to read the overview in English, or in Ukrainian. Download in English: Download in Ukrainian:
Kinstellar advises Halyk Bank on the sale of its subsidiary in Kyrgyzstan
Kinstellar's Kazakhstan office has successfully advised Halyk Bank, a leading financial services group, on the sale of its subsidiary in Kyrgyzstan, to a consortium of buyers within the investment group Visor International DMCC. The financial details of the transaction are undisclosed. Originally established as Kyrgyz Kairat Bank, the subsidiary was acquired by Halyk Bank in 2004 through a bidding process. This transaction follows the previous divestment of assets of Halyk Bank of Kazakhstan, including the recent sale of its Tajik and Russian subsidiaries. The Kinstellar team was led by Partner Adlet Yerkinbayev, and Counsel Kuanysh Shekerbekov.