THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of July 16, 2021 No. 82

About approval of Rules of consideration of the application of the borrower - physical person about modification of terms of the contract about provision of the microcredit, the list of the documents attached to it and also procedure for informing authorized body on results of consideration of the application by the organization performing microfinancial activities

According to Item 3 of article 9-2 of the Law of the Republic of Kazakhstan "About microfinancial activities" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the enclosed Rules of consideration of the application of the borrower - physical person about modification of terms of the contract about provision of the microcredit, the list of the documents attached to it and also procedure for informing authorized body on results of consideration of the application by the organization performing microfinancial activities.

2. To provide to department of consumer protection of financial services in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the action provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

4. This resolution is subject to official publication and becomes effective since October 1, 2021.

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of July 16, 2021 No. 82

Rules of consideration of the application of the borrower - physical person about modification of terms of the contract about provision of the microcredit, the list of the documents attached to it and also procedure for informing authorized body on results of consideration of the application by the organization performing microfinancial activities

Chapter 1. General provisions

1. These rules of consideration of the application of the borrower - physical person about modification of terms of the contract about provision of the microcredit, the list of the documents attached to it and also procedure for informing authorized body on results of consideration of the application by the organization performing microfinancial activities (further - Rules) are developed according to Item 2 of article 9-2 of the Law of the Republic of Kazakhstan "About microfinancial activities" (further - the Law on microfinancial activities) and determine procedure for consideration by the organization performing microfinancial activities, statements of the borrower - physical person about modification of terms of the contract about provision of the microcredit, the list of the documents attached to it and also procedure for informing authorized body by regulation, control and supervision of the financial market and the financial organizations (further - authorized body) about results of consideration of the application by the organization, performing microfinancial activities.

In Rules the basic concepts specified in the Law on microfinancial activities and also the following concepts and reducings are used:

1) debt - amount of debt on the microcredit, including the amounts of remaining balance of principal debt, the added, but not paid remuneration, penalty (penalties, penalty fee) provided by the agreement on provision of the microcredit signed with the borrower;

2) the borrower – the physical person who concluded with the organization performing microfinancial activities, the agreement on provision of the microcredit;

3) the microfinancial organization – the organization performing microfinancial activities - the microfinancial organization, credit partnership, pawnshop performing activities for provision of the microcredits.

Chapter 2. Procedure for consideration of the application about modification of terms of the contract about provision of the microcredit

2. The application for modification of terms of the contract for provision of the microcredit is submitted by the borrower to the microfinancial organization which provided the microcredit (further - the statement) according to Item 2 of article 9-2 of the Law on microfinancial activities. Documents, the confirming circumstances (facts) which entailed emergence of delay of obligation fulfillment, data on the income and other circumstances (facts) causing filing of application are enclosed to the application. The list of the documents necessary for consideration of the application of the borrower and confirmation of circumstances (facts) which entailed emergence of delay of obligation fulfillment under the agreement on provision of the microcredit is determined in appendix 1-1 to Rules (further - the List of documents).

After the term specified in Item 2 of article 9-2 of the Law on microfinancial activities, the application is submitted in the absence of the court resolution which took legal effect, executive text about debt collection under the agreement on provision of the microcredit, the voluntary settlement or the agreement on dispute settlement (conflict) according to the procedure of mediation signed for settlement of debt on the agreement on provision of the microcredit or for execution of the court ruling about debt collection under the agreement on provision of the microcredit and also if the was not right (requirement) for the agreement on provision of the microcredit is yielded by the microfinancial organization to the third party.

Consideration of the statement by the microfinancial organization is performed without establishment to the borrower of the requirement of one-time repayment of overdue debt on the microcredit, or its part.

The borrower has the right to repay independently in coordination with the microfinancial organization overdue debt under the agreement on provision of the microcredit, or its part before consideration of the statement by the microfinancial organization.

3. The statement of the borrower is subject to obligatory acceptance, registration, accounting and consideration by the microfinancial organization.

4. In case of submission by the borrower of incomplete documents and data the microfinancial organization requests the missing documents necessary for consideration of the application, confirmatory origins of delay of obligation fulfillment, data on the income and other circumstances (facts) causing filing of application according to the List of documents.

The borrower provides required documents within 5 (five) working days.

Non-presentation of required documents in the specified time is the basis for leaving of the statement of the borrower without consideration about what the adequate notice goes.

5. The microfinancial organization (except for pawnshop) by consideration of question of modification of terms of the contract about provision of the microcredit when calculating solvency of the borrower is guided by requirements of Rules of calculation and the extreme values of coefficient of debt load of the borrower of the organization performing microfinancial activities, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of November 28, 2019 No. 215 (it is registered in the Register of state registration of regulatory legal acts at No. 19670).

6. The microfinancial organization within 15 (fifteen) calendar days after day of receipt of the statement, stipulated in Item 2 articles 9-2 of the Law on microfinancial activities, considers the application for modification of terms of the contract for provision of the microcredit and in writing, and also through the objects of informatization giving to the microfinancial organization opportunity to perform identification of the borrower by means of application of the identification means provided by the Law of the Republic of Kazakhstan "About payments and payment systems" (further - objects of informatization) or the method provided by the agreement on provision of the microcredit reports to the borrower about one of the following decisions:

1) about consent with the offered changes in terms of the contract about provision of the microcredit;

2) about the counter offer on change of terms of the contract about provision of the microcredit;

3) about refusal in change of terms of the contract about provision of the microcredit with indication of motivated reasons for the reasons of such refusal in form according to appendix 1 to Rules.

Modification of terms of the contract about provision of the microcredit is performed on the conditions providing decrease in debt load of the borrower taking into account its social and financial position in case of documentary confirmation by the borrower of the circumstances which entailed non-execution of obligations according to the current terms of the contract about provision of the microcredit.

During consideration of the statement by the microfinancial organization, stipulated in Item 2 articles 9-2 of the Law on microfinancial activities, the microfinancial organization does not require early repayment of the microcredit.

In case of acceptance by the microfinancial organization and the borrower of the decision on consent with changes in terms of the contract about provision of the microcredit, the procedure and terms of modification of terms of the contract about provision of the microcredit are determined by the internal document of the microfinancial organization, at the same time the term of introduction of such changes, does not exceed 15 (fifteen) calendar days from the date of adoption of such decision by the microfinancial organization. This term does not extend to the cases interfering modification of terms of the contract about provision of the microcredit for the reasons, independent of the microfinancial organization, and can be prolonged before their elimination.

In case of the direction the microfinancial organization of the offers on change of terms of the contract about provision of the microcredit, the term of submission of the answer by the borrower to terms of change of the agreement on provision of the microcredit offered by the microfinancial organization is specified in the letter of the microfinancial organization and constitutes at least 15 (fifteen) calendar days from the date of receipt of the microfinancial organization by the borrower of the decision.

Not achievement of the mutually acceptable decision between the microfinancial organization and the borrower within 30 (thirty) calendar days from the date of receipt of the decision of the microfinancial organization provided by the subitem 2) of part one of this Item is considered refusal in change of terms of the contract about provision of the microcredit. This term can be prolonged in the presence of the consent of both parties.

The microfinancial organization makes the decision on consent with the offered changes in terms of the contract on provision of the microcredit for term at least three months in case of filing of application about modification of terms of the contract about provision of the microcredit, provided by subitem 1-1) and (or) the subitem 2) of part one of Item 2 of article 9-2 of the Law on microfinancial activities, the borrower - physical person:

1) belonging to socially vulnerable segments of the population according to the Law of the Republic of Kazakhstan "About the housing relations" (further - SUSN), on condition of decrease in the average monthly income of the borrower calculated in two months preceding month of the address of the borrower with the statement, more than for thirty percent on comparison with the average monthly income of the borrower calculated in twelve months preceding month of the address of the borrower with the statement or purpose of the address public assistance;

2) injured with the circumstances which formed the basis for introduction of emergency state.

In case of non-realization within twenty four months from the moment of emergence of overdue debt under the agreement on provision of the microcredit which is not connected with implementation of business activity, procedure for settlement of debt on the conditions providing decrease in the obligation of the borrower, including complete cancellation of penalty (penalty, penalty fee), the concession of the right (requirement) to the collection agency is not allowed.

The microfinancial organization quarterly no later than the 10th following reporting quarter provides in time in authorized body on regulation, control and supervision of the financial market and the financial organizations the following information:

1) about the considered applications of borrowers - physical persons, about modification of terms of the contract about provision of the microcredit, in form according to appendix 2 to Rules;

2) about the made changes in terms of the contract about provision of the microcredit of borrowers - physical persons, in form according to appendix 3 to Rules;

3) about causes of failure in change of terms of the contract about provision of the microcredit of borrowers - physical persons, in form according to appendix 4 to Rules.

Chapter 3. Procedure for provision by the serviceman of conscription military service of payment deferral on principal debt and remuneration for the period including the term of passing of conscription military service and 60 (sixty) days after its termination without charge of remuneration on the microcredit

7. The microfinancial organization within 15 (fifteen) calendar days from the date of obtaining from credit bureau of data on the borrowers called on conscription military service (further - the borrower - the serviceman), grants under the agreement on provision of the microcredit payment deferral on principal debt and remuneration (further - payment deferral) for the period including the term of passing of conscription military service and 60 (sixty) days after its termination without charge of remuneration on the microcredit what it notifies the borrower on - the serviceman in writing, and also through objects of informatization or the method provided by the agreement on provision of the microcredit.

The payment deferral is granted by the method determined by the microfinancial organization with increase in term of the microcredit and preserving the amount of payments, without signing of supplementary agreements to the agreement on provision of the microcredit or the agreement of pledge. The requirement about increase in term of the microcredit does not extend in case of early repayment (return) of the microcredit.

In case of refusal of payment deferral, the borrower serviceman (the third party who is acting for the benefit of the borrower serviceman by proxy) within 14 (fourteen) calendar days from the date of receipt of the notification of the microfinancial organization, directs the declaration of abandonment in writing, or through objects of informatization or the method provided by the agreement on provision of the microcredit. The microfinancial organization within 15 (fifteen) calendar days from the date of receipt of this statement, notifies the borrower by the method provided by the agreement on provision of the microcredit and also through objects of informatization or the method provided by the agreement on provision of the microcredit on cancellation of payment deferral and renewal of charge of remuneration on the microcredit.

In case of dismissal of the borrower - the serviceman from conscription military service before the expiration of military military service, the microfinancial organization after 60 (sixty) days from the date of exception it from lists of military unit stops provision of payment deferral and resumes charge of remuneration on the microcredit what notifies him in writing on, and also through objects of informatization or the method provided by the agreement on provision of the microcredit.

On the borrower - the serviceman having overdue debt on principal debt and (or) the added remuneration, the microfinancial organization does not apply (stops application) the measures provided by subitem 1-1) of Item 1 of Article 7 and (or) Item 5 of article 9-2 of the Law on microfinancial activities for the period including the term of passing of conscription military service and 60 (sixty) days after its termination.

In case of dismissal of the borrower - the serviceman from conscription military service before the expiration of military military service, the microfinancial organization after 60 (sixty) days from the date of exception it from lists of military unit resumes application of the measures provided by subitem 1-1) of Item 1 of Article 7 and (or) Item 5 of article 9-2 of the Law on microfinancial activities.

Requirements of this Chapter do not extend to the agreement on provision of the microcredit under which there is court resolution which took legal effect, executive text about debt collection under the agreement on provision of the microcredit, the voluntary settlement or the agreement on dispute settlement (conflict) according to the procedure of mediation signed for settlement of debt on the agreement on provision of the microcredit or for execution of the court ruling about debt collection under the agreement on provision of the microcredit.

Appendix 1

to Rules of consideration of changes in terms of the contract about provision of the microcredit of July 16, 2021 No. 82

Form

Refusal in change of terms of the contract about provision of the microcredit

Joint-stock company / the Economic partnership "_________" (further – the Creditor) in response to your statement from ___. ___. _____ years (the entering No. ____ from ___. ___. ______ years) about modification of terms of the contract about provision of the microcredit No. _____ from ___. ___. _____ (further – the Agreement), the following reports years.

According to the subitem 3) of Item 3 of article 9-2 of the Law of the Republic of Kazakhstan "About microfinancial activities" the Creditor refuses to you change of terms of the contract in connection with ___________________________________

____________________________________________________________________.

(specify reasons for causes of failure)

Authorized person of the Creditor surname, name,

middle name (in case of its availability)

* In case of availability at the borrower in the organization performing separate types of banking activities and (or) of several agreements on provision of the microcredit the refusal is provided to the organization performing microfinancial activities under each Agreement.

Appendix 1-1

to Rules of consideration of the application of the borrower - physical person about modification of terms of the contract about provision of the microcredit, to the list of the documents attached to it and also procedure for informing authorized body on results of consideration of the application by the organization performing microfinancial activities

The list of the documents necessary for consideration of the application of the borrower and confirmation of circumstances (facts) which entailed emergence of delay of obligation fulfillment under the agreement on provision of the microcredit:

the certificate of registration as the unemployed and (or) the certificate of the income of the borrower for the last six months from place of employment or the statement about receipt and movement of money of the borrower;

the act of the employer of the termination of the employment contract, of leave provision non-paid or the reference/sheet about temporary disability of the borrower;

the reference with indication of the size of the salary and the statement from the Single accumulation pension fund;

the document confirming finding of the borrower pregnancy-related absence and child(children) birth, adoption (adoption) of newborn child(children) and also on leave non-paid on child care before achievement of age of three years by it;

certificate of temporary disability, confirmatory disease of close relatives, spouse (spouses) of the borrower, and also certificate/certificate of the death of close relatives, spouse (spouses) of the borrower;

the notarized lease agreement with indication of procedure and payment due dates of the rent;

the documents confirming drawing to the borrower of material damage as a result of accident, illegal actions of the third parties (theft of goods in turnover or other property which was used by the borrower for implementation of business activity);

the official documents confirming the fact of approach of force majeur circumstances;

certificate of disability;

decision of authorized state body on arrest of accounts of the borrower;

collection order;

court resolutions;

other documents confirming the fact of deterioration in financial condition of the borrower.

Appendix 2

to Rules of consideration of changes in terms of the contract about provision of the microcredit of July 16, 2021 No. 82

Form

Information about considered (the name of the organization) applications of borrowers - physical persons, about modification of terms of the contract about provision of the microcredit, as of 1 _____ ______ years (with increase since the beginning of accounting year)

(the amounts in thousands of tenges)

Loan type		Arrived statements
		In total			from them SUSN *
		number of borrowers	number of agreements	amount of debt	number of borrowers	number of agreements	amount of debt
And		1	2	3	4	5	6
1.	Microcredits unsecured
1.1	from them microcredits corresponding to Item 3-1 of article 4 of the Law on microfinancial activities
2.	Microcredits mortgage
2.1	from them secure mortgage

* SUSN-sotsialno vulnerable segments of the population according to article 68 of the Law of the Republic of Kazakhstan "About the housing relations" and persons receiving the address public assistance.

Changes are made to terms of the contract about provision of the microcredit										It is refused change of terms of the contract about provision of the microcredit
In total				from them SUSN						In total						from them SUSN
quantity borrowers	number of agreements	amount of debt		quantity borrowers		number of agreements		amount of debt		quantity borrowers		number of agreements		amount of debt		quantity borrowers		number of agreements		amount of debt
7	8	9		10		11		12		13		14		15		16		17		18
On consideration of the application									The microfinancial organization directed the offers on change of terms of the contract about provision of the microcredit, the borrower withdrew the submitted application, the borrower refused provision of the documents confirming deterioration in its financial condition, the borrower does not sign the offered changes in the agreement on provision of the microcredit (to specify necessary)
In total			from them SUSN						In total						from them SUSN
quantity borrowers	number of agreements	amount of debt	number of borrowers		number of agreements		amount of debt		number of borrowers		number of agreements		amount of debt		number of borrowers		number of agreements		amount of debt
19	20	21	22		23		24		25		26		27		28		29		30

 

Appendix 3

to Rules of consideration of changes in terms of the contract about provision of the microcredit of July 16, 2021 No. 82

Form

Information about made (the name of the organization) changes in terms of the contract about provision of the microcredit of borrowers - physical persons, as of 1 ___ _____ years (with increase since the beginning of accounting year)

(the amounts in thousands of tenges)

Loan type

Changes are made to terms of the contract about provision of the microcredit

In total

from them SUSN *

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

And

1

2

3

4

5

6

1.

Microcredits unsecured

1.1

from them microcredits corresponding to Item 3-1 of article 4 of the Law on microfinancial activities

2.

Microcredits mortgage

2.1

from them secure mortgage

* SUSN-sotsialno vulnerable segments of the population according to article 68 of the Law of the Republic of Kazakhstan "About the housing relations" and persons receiving the address public assistance.

Loan type

including in type:

free pardon of debt

In total

from them SUSN

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

And

37

38

39

40

41

42

1.

Microcredits unsecured

1.1

from them microcredits corresponding to Item 3-1 of article 4 of the Law on microfinancial activities

2.

Microcredits mortgage

2.1

from them secure mortgage

including in type:

rate decrease of remuneration or value of remuneration

payment deferral on principal debt and (or) remuneration

In total

from them SUSN

In total

from them SUSN

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

7

8

9

10

11

12

13

14

15

16

17

18

 

Appendix 4

to Rules of consideration of changes in terms of the contract about provision of the microcredit of July 16, 2021 No. 82

Form

Information on causes of failure (the name of the organization) in change of terms of the contract about provision of the microcredit of borrowers - physical persons, as of 1 ___ _____ years (since the beginning of accounting year)

(the amounts in thousands of tenges)

Loan type		It is refused change of terms of the contract about provision of the microcredit
		In total				from them SUSN *
		number of borrowers	number of agreements	amount of debt		number of borrowers	number of agreements	amount of debt
And		1	2	3		4	5	6
1.	Microcredits unsecured
1.1	from them microcredits corresponding to Item 3-1 of article 4 of the Law on microfinancial activities
2.	Microcredits mortgage
2.1	from them secure mortgage
Loan type
		the borrower has liquid pledge / contribution / other property (according to the analysis of the microfinancial organization or in the presence of the supporting document)
		In total				from them SUSN
		number of borrowers	number of agreements	amount of debt		number of borrowers	number of agreements	amount of debt
And		31	32	33		34	35	36
1.	Microcredits unsecured
1.1	from them microcredits corresponding to Item 3-1 of article 4 of the Law on microfinancial activities
2.	Microcredits mortgage
2.1	from them secure mortgage

* SUSN-sotsialno vulnerable segments of the population according to article 68 of the Law of the Republic of Kazakhstan "About the housing relations" and persons receiving the address public assistance;

** The resolution of Board of National Bank of the Republic of Kazakhstan of November 28, 2019 No. 215 "About approval of Rules of calculation and extreme value of coefficient of debt load of the borrower of the organization performing microfinancial activities" (it is registered in the Register of state registration of regulatory legal acts at No. 19670).

including for the reasons:

exceeding of the maximum level of coefficient of debt load of the borrower in case of provision of payment deferral **

the borrower does not provide the documents confirming deterioration in its financial and social position

In total

from them SUSN

In total

from them SUSN

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

7

8

9

10

11

12

13

14

15

16

17

18

including for the reasons:

the loan is obtained by fraudulent method addressed to the borrower

the application is submitted by the third party without power of attorney of the borrower

In total

from them SUSN

In total

from them SUSN

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount of debt

number of borrowers

number of agreements

amount it is long

37

38

39

40

41

42

43

44

45

46

47

48

 

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