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. 84

About approval of Rules of consideration of the application of the borrower - physical person about modification of terms of the contract of bank loan, the list of the documents attached to it, and also procedure for informing authorized body on results of consideration of the application by bank of the second level, the organization performing separate types of banking activities

According to Item 1-2 of article 36 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" 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 of bank loan, the list of the documents attached to it, and also procedure for informing authorized body on results of consideration of the application by bank of the second level, the organization performing separate types of banking 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. 84

Rules of consideration of the application of the borrower - physical person about modification of terms of the contract of bank loan, the list of the documents attached to it, and also procedure for informing authorized body on results of consideration of the application by bank of the second level, the organization performing separate types of banking 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 of bank loan, the list of the documents attached to it and also procedure for informing authorized body on results of consideration of the application by bank, the organization performing separate types of banking activities (further - Rules) are developed according to Item 1-1 of article 36 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) and determine procedure for consideration by bank of the second level and the organization performing separate types of banking activities of the statement of the borrower - physical person about modification of terms of the contract of bank loan, the list of the documents attached to it and also procedure for informing authorized body by regulation, to control and supervision of the financial market and the financial organizations (further - authorized body) about results of consideration of the application by bank of the second level, the organization performing separate types of banking activities.

In Rules the following concepts and reducings are used:

1) bank – bank of the second level, the organization which is performing separate types of banking activities, having the license for implementation of banking loan activities;

2) debt - amount of debt on bank loan, including the amounts of remaining balance of principal debt, the added, but not paid remuneration, the commissions, penalty (penalties, penalty fee) and other payments provided by the agreement of bank loan signed with the borrower;

3) the borrower - the physical person which signed the agreement of bank loan with bank.

Chapter 2. Procedure for consideration of the application about modification of terms of the contract of bank loan

2. The application for modification of terms of the contract of bank loan is submitted by the borrower to the bank which issued loan (further - the statement) according to Item 1-1 of article 36 of the Law on banks. 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 is determined by the agreement of bank loan in appendix 1-1 to Rules (further - the List of documents).

After the term specified in Item 1-1 of article 36 of the Law on banks, the application is submitted in the absence of the court resolution which took legal effect, executive text about debt collection under the agreement of bank loan, the voluntary settlement or the agreement on dispute settlement (conflict) according to the procedure of mediation signed for settlement of debt on the agreement of bank loan or for execution of the court ruling about debt collection under the agreement of bank loan and also if the was not right (requirement) for the agreement of bank loan is yielded by bank to the third party.

Consideration of the statement by bank is performed without establishment to the borrower of the requirement of one-time repayment of overdue debt for the agreement of bank loan, or its part.

The borrower has the right to repay independently in coordination with bank overdue debt under the agreement of bank loan, or its part before consideration of the statement by bank.

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

4. In case of submission by the borrower of incomplete documents and data the bank 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 bank the adequate notice goes.

5. The bank by consideration of question of modification of terms of the contract of bank loan when calculating solvency of the borrower is guided by requirements of the resolution of Board of National Bank of the Republic of Kazakhstan of December 25, 2013 No. 292 "About introduction of restrictions for carrying out separate types of banking and other activities by the financial organizations" (it is registered in the Register of state registration of regulatory legal acts at No. 77379).

6. The bank within 15 (fifteen) calendar days after day of receipt of the statement, stipulated in Item 1-1 article 36 of the Law on banks, considers the application for modification of terms of the contract of bank loan and in writing, and also through the objects of informatization giving to bank 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 of bank loan reports to the borrower about one of the following decisions:

1) about consent with the offered changes in terms of the contract of bank loan;

2) about the counter offer on change of terms of the contract of bank loan;

3) about refusal in change of terms of the contract of bank loan 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 of bank loan 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 of bank loan.

During consideration by bank of the statement, stipulated in Item 1-1 article 36 of the Law on banks, the bank does not require early repayment of loan.

In case of acceptance by bank and the borrower of the decision on consent with changes in terms of the contract of bank loan, procedure and terms of modification of terms of the contract of bank loan are determined by the internal document of bank, 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 bank. This term does not extend to the cases interfering modification of terms of the contract of bank loan for the reasons, independent of bank, and can be prolonged before their elimination.

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

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

The bank makes the decision on consent with the offered changes in terms of the contract of bank loan for the term of at least three months without request for payment of the commissions and other payments under the agreement of bank loan in case of filing of application about modification of terms of the contract of bank loan provided by subitem 1-1) and (or) the subitem 3) of part one of Item 1-1 of article 36 of the Law on banks, 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 of bank loan 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 commissions and other payments connected with servicing of bank loan, the concession of the right (requirement) to the collection agency is not allowed.

The bank 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 condition of agreements of bank loan, in form according to appendix 2 to Rules;

2) about the made changes in terms of the contract of bank loan of borrowers, in form according to appendix 3 to Rules;

3) about causes of failure in change of terms of the contract of bank loan 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 bank loan

7. The bank 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 of bank loan 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 bank loan what it notifies the borrower on - the serviceman in writing, and also through objects of informatization or the method provided by the agreement of bank loan.

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

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 by bank, directs the declaration of abandonment in writing, or through objects of informatization or the method provided by the agreement of bank loan. The bank within 15 (fifteen) calendar days from the date of receipt of this statement, notifies the borrower by the method provided by the agreement of bank loan and also through objects of informatization or the method provided by the agreement of bank loan on cancellation of payment deferral and renewal of charge of remuneration on bank loan.

In case of dismissal of the borrower - the serviceman from conscription military service before the expiration of military military service, the bank 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 bank loan what notifies him in writing on, and also through objects of informatization or the method provided by the agreement of bank loan.

On the borrower - the serviceman having overdue debt on principal debt and (or) the added remuneration, the bank does not apply (stops application) the measures provided by Items 2 and 2-1 of article 36 of the Law on banks 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 Bank after 60 (sixty) days from the date of exception it from lists of military unit resumes application of the measures provided by Items 2 and 2-1 of article 36 of the Law on banks.

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

Appendix 1

to Rules of consideration of changes in terms of the contract of bank loan of July 16, 2021 No. 84

Form

Refusal in change of terms of the contract of bank loan

Joint-stock company "" (further – the Creditor) in response to your statement from ___. ___. ____ (the entering No. ______ from ___. ____. ____) about modification of terms of the contract of bank loan No. _____ from ___. ____. ____ (further – the Agreement), the following reports.

According to the subitem 3) of Item 1-2 of article 36 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" 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 bank of several agreements of bank loan the refusal is provided 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 of bank loan, the list of the documents attached to it, and also procedure for informing authorized body on results of consideration of the application by bank of the second level, the organization performing separate types of banking activities of July 16, 2021 No. 84

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 of bank loan:

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 in 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 of bank loan of July 16, 2021 No. 84

Form

Information * about the applications of borrowers physical persons considered (bank name), about modification of condition of agreements of bank loan 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

Consumer loans

unsecured loans

mortgage loans

Mortgage housing loans

Other mortgage loans

Changes are made to terms of the contract of bank loan

It is refused change of terms of the contract of bank loan

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

* information on loans except for of mortgage loans which conditions were changed within the Program of refinancing of mortgage housing loans (mortgage loans) approved by the resolution of Board of National Bank of the Republic of Kazakhstan of May 24, 2015 No. 69 is provided;

** SUSN - socially 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;

*** by: principal debt, remuneration, unsettled principal debt, overdue remuneration, penalty (penalty, penalty fee), commissions and other payments.

On consideration of the application						Refusal of the borrower of the submitted application, refusal to provide the documents confirming deterioration in financial position, the borrower the supplementary agreement concerning modification of the agreement of bank loan, bank is not signed directed the offers or requested documents from the borrower, the return redemption of loan.
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
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 of bank loan of July 16, 2021 No. 84

Form

Information * about the changes made (bank name) in terms of the contract of bank loan of borrowers, 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 of bank loan, all
	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
Consumer loans
unsecured loans
mortgage loans
Mortgage housing loans
Other mortgage loans
Loan 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
Consumer loans
unsecured loans
mortgage loans
Mortgage housing loans
Other mortgage loans

* It is provided on loans, except for mortgage loans which conditions were changed within the Program of refinancing of mortgage housing loans (mortgage loans) approved by the resolution of Board of National Bank of the Republic of Kazakhstan of May 24, 2015 No. 69;

** 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.

including for the reasons:
remuneration rate decrease						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
including for the reasons:
change of currency of the amount of remaining balance of principal debt on the bank loan issued in foreign currency on national currency						independent realization by the pledger of the real estate which is mortgage subject
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
43	44	45	46	47	48	49	50	51	52	53	54

 

Appendix 4

to Rules of consideration of changes in terms of the contract of bank loan of July 16, 2021 No. 84

Form

Information * about causes of failure (bank name) in change of terms of the contract of bank loan 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 of bank loan, all
	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
Consumer loans
unsecured loans
mortgage loans
Mortgage housing loans
Other mortgage loans
Loan type
	the borrower has liquid pledge / contribution / other property (according to the analysis of bank 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
Consumer loans
unsecured loans
mortgage loans
Mortgage housing loans
Other mortgage loans

* It is provided on loans, except for mortgage loans which conditions were changed within the Program of refinancing of mortgage housing loans (mortgage loans) approved by the resolution of Board of National Bank of the Republic of Kazakhstan of May 24, 2015 No. 69;

** 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 December 25, 2013 No. 292 "About introduction of restrictions for carrying out separate types of banking and other activities by the financial organizations" (it is registered in the Register of state registration of regulatory legal acts at No. 9125).

.

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 of debt
37	38	39	40	41	42	43	44	45	46	47	48

 

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