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

of August 16, 2024 No. 51

About approval of Rules of settlement by the collection agencies of debt of physical persons

According to subitem 3-1) of Item 1 of article 15 of the Law of the Republic of Kazakhstan "About collection 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 settlement by the collection agencies of debt of physical persons.

2. The collection agencies on the debt of physical persons acquired till October 1, 2024 inform the debtor – physical person and (or) his representative on their right to file in the collection agency petition for change of conditions of obligation fulfillment on the agreement of bank loan or to the agreement on provision of the microcredit according to Item 1 of article 6-1 of the Law of the Republic of Kazakhstan "About collection activities" within twenty calendar days after day of enforcement of this resolution.

3. To provide to department of regulation of the non-bank organizations 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.

4. 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.

5. This resolution becomes effective since October 1, 2024 and is subject to official publication.

 

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of August 16, 2024 No. 51

Rules of settlement by the collection agencies of debt of physical persons

Chapter 1. General provisions

These rules of settlement by the collection agencies of debt of physical persons (further – Rules) are developed according to subitem 3-1) of Item 1 of article 15 of the Law of the Republic of Kazakhstan "About collection activities" (further – the Law on collection activities) and determine procedure for settlement by the collection agencies of the debt of physical persons yielded by the creditor under the contract of assignment of the rights (requirements) (further – the contract of assignment).

Chapter 2. Procedure for settlement by the collection agencies of debt

1. The collection agency on the debt of physical person (further – the debtor) under the agreement of bank loan and (or) the agreement on provision of the microcredit including collected by a court decision or based on executive text of the notary (further – debt), within 30 (thirty) calendar days from the date of the conclusion of the contract of assignment informs the debtor and (or) his representative according to Item 1 of article 6-1 of the Law on collection activities on their right to address to the collection agency about change of repayment provisions of debt.

The statement for change of repayment provisions of debt (further – the statement) under the agreement of bank loan and (or) the agreement on provision of the microcredit (further – the agreement) submitted according to part three of Item 1 of article 6-1 of the Law on collection activities is subject to acceptance, registration, accounting and consideration by the collection agency.

In case of submission by the debtor of incomplete data and documents (further – documents) the collection agency requests them within 10 (ten) working days with indication of the term of the submission of documents provided by part four of this Item and the notification on leaving of the statement of the debtor without consideration in case of non-presentation of documents in the specified time.

The debtor provides required documents within 5 (five) working days following behind day of sending an inquiry the collection agency.

2. The collection agency within 15 (fifteen) calendar days after day of receipt of the statement and the documents submitted by the debtor considers the changes of repayment provisions of debt offered by the debtor and according to Item 2 of article 6-1 of the Law on collection activities, reports to the debtor about one of the following decisions:

1) about consent with the offered changes of repayment provisions of debt;

2) about counter offers on change of repayment provisions of debt;

3) about refusal in change of repayment provisions of debt with indication of motivated reasons for the reasons of such refusal.

In case of adoption by the collection agency of the decision on consent with the changes of repayment provisions of debt offered by the debtor, the term of introduction of such changes does not exceed 15 (fifteen) calendar days from the date of decision making by the collection agency.

In case of the direction the collection agency of the offers on change of repayment provisions of debt according to Item 2 of article 6-1 of the Law on collection activities, the collection agency also specifies the term of submission of the answer by the debtor to the offered terms which constitutes no more than 15 (fifteen) calendar days from the date of receipt of the collection agency by the debtor of the decision.

In case of the consent of the debtor with offers of the collection agency on change of repayment provisions of debt, the term of introduction of such changes, does not exceed 15 (fifteen) calendar days from the date of receipt of the answer of the debtor by the collection agency.

In case of refusal by the collection agency in change of repayment provisions of debt, and also in case of not achievement of the mutually acceptable decision between the collection agency and the debtor within 15 (fifteen) calendar days from the date of receipt by the debtor of the decision of the collection agency provided by the subitem 2) of this Item, the refusal in change of repayment provisions of debt on form according to appendix 1 to Rules is provided to the debtor. 

3. Consideration of the statement by the collection agency is performed without establishment to the debtor of the requirement of one-time repayment of overdue debt or its part.

One-time repayment of overdue debt or its part is performed at the initiative of the debtor under advice of the collection agency.

4. From the date of adoption of the statement and to the direction to the debtor of the decision, the collection agency stops actions for pre-judicial collection, filing of application about making of executive text by the notary or the claim in court for debt collection.

4-1. In the presence of the judgment or executive text of the notary about debt collection, the collection agency initiates suspension or the termination of enforcement proceeding, or withdrawal of the executive document from coming into force of the agreement providing procedure and conditions of the settlement of debt concluded between the collection agency and the debtor.

4-2. For the purposes of Rules, the notification of the debtor on possibility of the appeal to the collection agency for change of repayment provisions of debt (further – the notification), and also the reply of the collection agency to the statement of the debtor are considered delivered if they are directed by method, stipulated in Item 2 articles 6-1 of the Law on collection activities:

at the place of residence specified in the agreement or the address, the registered mail with the notification on its delivery including the received one of the full age family members of the debtor living to the specified address;

on the e-mail address specified in the agreement or the address of the debtor;

departure siding of text Sms or the push-notification with the answer or with reference to the Internet resource containing the complete text of the notification or the answer to the debtor;

with use of other means of communication provided by the agreement, providing fixation the notification or the answer by the debtor.

In case of the debtor's appearance in the collection agency the answer to the statement of the debtor is handed under list personally in hands about what the mark in the magazine of registration of written addresses becomes.

In case of return of the notification or the answer with mark about impossibility of its delivery to the addressee, the receiver, or in connection with refusal in its acceptance, the notification or the answer is considered transferred properly.

5. The collection agency records the applications submitted by debtors for settlement of debt according to part two of Item 1 of article 6-1 of the Law on collection activities and results of their consideration with indication of the applied measures of settlement of debt and causes of failures in change of repayment provisions of debt on form according to appendix 2 to Rules.

6. On the military personnel of conscription military service (further – the debtor serviceman) the payment deferral on the principal debt and remuneration added on remaining balance of principal debt by the time of decision making about change of repayment provisions of debt (further – payment deferral) for the period including the term of passing of conscription military service and 60 (sixty) calendar days after its termination is provided by establishment of the new payment schedule in the form of increase in term under the agreement and preserving the amount of payments, without signing of supplementary agreements to the agreement or to the agreement of pledge what notifies the debtor serviceman by the method provided by the agreement and (or) according to Item 1 of article 6-1 of the Law on collection activities on.

In case of refusal of payment deferral the debtor serviceman (the third party who is acting for the benefit of the debtor serviceman by proxy) within 14 (fourteen) calendar days from the date of receipt of the notification of the collection agency, directs the declaration of abandonment of payment deferral by the method provided by the agreement and (or) according to Item 1 of article 6-1 of the Law on collection activities.

The collection agency within 15 (fifteen) calendar days from the date of receipt of the statement of the debtor serviceman for refusal of payment deferral notifies him on cancellation of payment deferral by the method provided by the agreement and (or) according to Item 1 of article 6-1 of the Law on collection activities.

For payment deferral the collection agency stops the notification of the debtor serviceman on need of repayment of overdue debt, and also initiates suspension or the termination of enforcement proceeding, or withdrawal of the executive document on the court resolution which took legal effect, executive text on debt collection for passing of conscription military service by it.

In case of dismissal of the debtor serviceman from conscription military service, the collection agency after 60 (sixty) calendar days from the date of dismissal of the debtor resumes debt collection, initiates renewal of claim and claim work and notifies on it the debtor by the method provided by the agreement and (or) according to Item 1 of article 6-1 of the Law on collection activities.

Chapter 3. Procedure for adoption of the decision by the collection agency on settlement of debt

7. Adoption by the collection agency of the decision on change of repayment provisions of debt is performed according to the internal documents approved by executive body of the collection agency.

Internal documents of the collection agency, without being limited, contain:

1) structure, tasks, functions and powers of the officials, divisions and employees of the collection agency participating in decision making process on settlement of debt;

2) ethical standards and standards of behavior of employees of the collection agency with the debtor and (or) his representative in the course of implementation of the activities directed to settlement of debt;

3) procedure of modification of repayment provisions by the debtor of debt;

4) categories of debtors, including without limitation the following persons:

registered as the unemployed in the center of labor mobility or who had decrease in the average monthly income (the comprehensive average monthly income of all debtors on debt);

carried to socially vulnerable segments of the population (further – SUSN), or the debtors living together with the close relatives, the spouse (spouse) who received the status of SUSN or which appoints the address public assistance;

being temporarily disabled more than 2 (two) months, owing to the disease provided by the order of the Minister of health and social development of the Republic of Kazakhstan of December 28, 2015 No. 1033 "About approval of the list of diseases for which fixed term of temporary disability more than two months" or having the following diseases:

HIV infection with disability 3 groups;

tubercular meningitis, tuberculosis of bones and joints (backbone and basin), generalized tuberculosis, wide medicinal and steady tuberculosis, pulmonary tuberculosis with bakteriovydeleniye, at the same time, observed in group 1G and receiving symptomatic treatment;

malignancies regardless availability of group of disability;

system defeats of connecting fabric with disability 3 groups;

the demyelinating diseases of the central nervous system with disability 3 groups which influenced decrease in average monthly comprehensive income of the debtor (the comprehensive average monthly income of all debtors on debt);

being on maternity leave (children) or on adoption leave (adoption) of newborn child(children) or on child care before achievement of age by it three years. This condition extends to the spouse (spouse) of the debtor;

concerning which the circumstances connected with disease, the death of the close relative, the spouse (spouses) of the debtor are established;

concerning which the circumstances which caused 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 debtor for implementation of business activity), the fire, the floodings which destroyed real estate of the debtor to the address specified as registration address or accommodation in the agreement or the debt repayment provisions which entailed impracticability owing to force majeure that is circumstances extraordinary and impreventable under existing conditions (the spontaneous phenomena, military operations, emergency state) are established.

Decrease in the average monthly income of the debtor (the comprehensive average monthly income of all debtors under the agreement) is understood as decrease in the average monthly income of the debtor (the comprehensive average monthly income of all debtors under the agreement) in two months preceding month of the address of the debtor with the statement, more than for 30 (thirty) percent on comparison with the average monthly income of the debtor (the comprehensive average monthly income of debtors) calculated in six months preceding month of the address of the debtor with the statement;

5) list of the documents necessary for confirmation of category of debtors;

6) the decision making matrix containing measures of settlement of debt taking into account category of the debtors and circumstances which entailed impracticability of repayment provisions of debt including without limitation the following:

delay or payment by installments of payments on principal debt and (or) remuneration;

change of priority of debt repayment, including with repayment of principal debt in priority procedure;

change of term of bank loan or microcredit;

change towards reduction or complete cancellation of penalty (penalty, penalty fee);

change or complete cancellation of the commissions and other payments connected with servicing of bank loan;

free or partial pardon of debt on principal debt and (or) remuneration;

independent realization by the pledger of the real estate which is mortgage subject in the terms established by the agreement of the parties;

representation of compensation instead of obligation fulfillment by transfer of pledged property to the collection agency;

realization of the real estate which is mortgage subject with transfer of the obligation to the buyer.

8. Decision making about change of repayment provisions of debt is performed based on results of matrix of decision making.

The matrix of decision making allows application of one and (or) several measures of settlement of debt directed to decrease in debt load of the debtor depending on its category, social and financial position, in case of documentary confirmation of the circumstances which entailed impracticability of repayment provisions of debt.

9. The matrix of decision making allows change of repayment provision of debt by the collection agency unilaterally on the terms of their improvement for the debtor.

As improvement of repayment provisions of debt for the purposes of Rules it is understood:

change towards reduction or complete cancellation of penalty (penalty, penalty fee), and also the commissions and other payments connected with servicing of bank loan;

free or partial pardon of debt on principal debt and (or) remuneration;

delay or payment by installments of payments on the principal debt and (or) remuneration added on remaining balance of principal debt by the time of decision making about change of repayment provisions of debt.

In case of application to the debtor of the improving conditions the collection agency informs the debtor according to Item 1 of article 6-1 of the Law on collection activities on change of repayment provisions of debt with delivery fixation.

In case of refusal of the improving conditions applied by the collection agency, the debtor within 14 (fourteen) calendar days from the date of receipt of the notification of the collection agency, directs the declaration of abandonment according to Item 1 of article 6-1 of the Law on collection activities.

10. Information provided by subitems 4) and 5) of Item 7 of Rules, and also the measures of settlement of debt proposed by the collection agency are placed on official Internet resource of the collection agency.

Appendix 1

to Rules of settlement by the collection agencies of debt of physical persons

Refusal in change of repayment provisions of debt

_______________ LLP (further – the Collection agency), having considered yours

the statement from _____________ (вх. No. _______ from ________) about change of conditions

debt repayments under the agreement of bank loan and (or) the agreement

about provision of the microcredit No. ____________ from __________ (further – the Agreement),

reports the following.

According to the subitem 3) of Item 2 of article 6-1 of the Law of the Republic of Kazakhstan "About collection activities" the Collection agency refuses to you change of repayment provisions of debt in communication
with ______________________________________________________________
                   (specify reasons for causes of failure)

Authorized person of the full name Collection agency

 

Appendix 2

to Rules of settlement by the collection agencies of debt of physical persons

Appendix 2

to Rules of settlement by the collection agencies of debt of physical persons

Form

Accounting of the applications submitted by debtors for settlement of debt, and results of their consideration with indication of the applied measures of settlement of debt and causes of failures in change of repayment provisions of debt (with increase since the beginning of year)

(one thousand tenge/quantity (units)

Loan/microcredit type

Arrived statements

Changes are made to terms of the contract of bank loan and (or) the agreement on provision of the microcredit

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

And

1

2

3

4

5

6

7

8

9

10

11

12

Consumer loans

unsecured loans

mortgage loans

Mortgage housing loans

Other mortgage loans

Microcredits

unsecured microcredits

the mortgage microcredits, from them

provided with mortgage

continuation of the table

including way:
delays or payments by installments of payment on principal debt and (or) remuneration						changes of priority of debt repayment, including with repayment of principal debt in priority procedure
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
13	14	15	16	17	18	19	20	21	22	23	24

continuation of the table

independent realization by the pledger of the real estate which is mortgage subject in the terms established by the agreement of the parties						representations of compensation instead of obligation fulfillment by transfer of pledged property to the collection agency
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
25	26	27	28	29	30	31	32	33	34	35	36

continuation of the table

including way:
realization of the real estate which is mortgage subject with transfer of the obligation to the buyer						other type of changes in terms of the contract of bank loan and (or) the agreement on provision of the microcredit (to specify what)
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

continuation of the table

including way:
changes of term of bank loan and (or) microcredit						changes towards reduction or complete cancellation of penalty (penalty, penalty fee)
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
49	50	51	52	53	54	55	56	57	58	59	60

continuation of the table

including way:
change or complete cancellation of the commissions and other payments connected with servicing of bank loan					free or partial pardon of debt 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
61	62	63	64	65	66	67	68	69	70	71	72

continuation of the table

it is refused change of terms of the contract of bank loan and (or) the agreement on provision of the microcredit						the refusal of the borrower of the submitted application, refusal to provide the documents confirming deterioration in financial position the debtor are not signed the offered changes in the agreement of bank loan and (or) the agreement on provision of the microcredit, the collection agency directed the offers or requested documents from the debtor.
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
73	74	75	76	77	78	79	80	81	82	83	84

* 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.

 

Appendix 3 is excluded according to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of 26.02.2025 No. 8

 Appendix 4 is excluded according to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of 26.02.2025 No. 8

 

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