of November 10, 2008 No. 441-Z
About credit stories
Accepted by the House of Representatives on October 9, 2008
Approved by Council of the Republic on October 22, 2008
This Law is directed to strengthening of payment discipline, increase in interest of physical persons and legal entities in proper execution of obligations to sources of forming of credit stories, decrease in credit risks and increase in overall performance of financial credit system of the Republic of Belarus.
For the purposes of this Law the following main terms and their determinations are applied:
credit deal – the credit agreement, the agreement containing conditions of overdraft crediting, the loan agreement, including the agreement of microloan (further if other is not determined, – the loan agreement), the agreement of finance lease (leasing), the agreement of financing under concession of monetary claim (factoring) (further – the agreement of factoring), the agreement providing concession of monetary claim when making factoring transaction, agreements of pledge, guarantee, guarantees, imprisoned (prisoners) with banks, the non-bank credit and financial organizations of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company (further – banks), the microfinancial organizations, other legal entities who according to legal acts have the right to perform microfinancial activities (further – the specialized organizations), the leasing organizations, National Bank, other organizations, determined according to legal acts, or by means of online borrowing service, the agreement containing condition about delay or payment by installments of payment of goods (works, services), imprisoned (prisoner) with the legal entities realizing goods (works, services) on the terms of delay or payment by installments of payment (further – the agreement of commercial loan) on which the subject of credit history acts as the borrower according to the credit agreement, the agreement containing conditions of overdraft crediting, the borrower according to the loan agreement, the leasing recipient under the agreement of finance lease (leasing), the creditor under the agreement of factoring, the debtor under the agreement of factoring, and also on monetary claims by the acquired bank when making factoring transaction (further – the debtor on factoring or factoring transaction), the buyer of goods (works, services) in the agreement of commercial loan, the pledger under the agreement of pledge, the guarantor under the agreement of guarantee, the guarantor according to the guarantee agreement;
credit history – the data which are stored in National Bank which structure is determined by articles 6 and 7 of this Law and which characterize the subject of credit history and execution by it of the assumed liabilities on credit deals or monetary commitments before factor under the agreement of factoring or bank which acquires monetary claims when making factoring transaction;
record of credit history – the data which are part of credit history, characterizing one credit deal of the subject of credit history, including execution by it of the assumed liabilities on this credit deal or monetary commitments before factor under the agreement of factoring or bank which acquires monetary claims when making factoring transaction;
the subject of credit history – physical person, including the individual entrepreneur, and also not being bank the legal entity of the Republic of Belarus, including the microfinancial, specialized, leasing organizations, or the foreign legal entity (further if other is not determined, – the legal entity), the foreign organization, not being the legal entity on foreign law which conclude (concluded) with bank, the microfinancial, specialized, leasing organizations, National Bank, the legal entity realizing goods (works, services) on the terms of delay or payment by installments of payment, other organization determined according to legal acts or by means of online borrowing service credit deal, or are the party on such credit deal, except for the party at which the bank acquires monetary claims under the agreement, providing concession of monetary claim when making factoring transaction, or are debtor on factoring or factoring transaction and concerning which credit history is created;
the user of credit history – physical person or legal entity, the foreign organization, not being the legal entity on foreign law, and also state bodies of the Republic of Belarus (further – state bodies) and the other persons who do not have according to legal acts rights of receipt of the data which are bank secrecy who received the written consent of the subject of credit history to provision of its credit report by National Bank or its consent in electronic form without use of the digital signature in the cases provided by legal acts and made in National Bank inquiry for receipt of the credit report of this subject of credit history for the purpose of, specified in the consent of the subject of credit history;
source of forming of credit history – bank, the microfinancial, specialized, leasing organizations, the legal entity realizing the goods (the works, services) on the terms of delay or payment by installments of payment, other organization determined according to legal acts which are the party on credit deal and representing to National Bank of the data, being the part of credit history, National Bank including in structure of credit history of the data on the credit deals concluded with the subject of credit history, the operator of service of online borrowing representing to National Bank of the data, being part of credit history on the credit deals concluded by means of online borrowing service, except for credit deals, data on which are represented by other sources of forming of credit stories, and also the legal entity, the acquired right to claim on credit deals at other sources of forming of credit stories;
the credit report – the document which contains information created by National Bank based on the data which are part of credit history (including results of mathematical processing of data) and which the National Bank provides to the users of credit stories, subjects of credit stories and other persons having the right to the specified information according to this Law and other legal acts;
debt – the amount of the monetary commitments provided by credit deal which is subject to payment by the subject of credit history.
This Law governs the relations connected with forming of credit stories by National Bank based on the credit stories of data on credit deals provided by sources of forming (further - forming of credit stories) and provision of credit reports by National Bank to users of credit stories and subjects of credit stories (further - provision of credit reports).
Operation of this Law does not extend to the relations:
arising from credit deals on which party are state bodies, except for the credit deals concluded by National Bank with subjects of credit stories;
connected with provision by National Bank of the data which are part of credit history, to the state bodies and other persons having according to legal acts rights of receipt of the data which are bank secrecy.
Other rules can be determined by the legislation on the state secrets, than those which are provided by this Law, on the relations arising in case of collection, storage, provision of the data constituting the state secrets or access to them and also on other relations arising in case of the address with the state secrets when forming credit stories, using the data which are part of credit history and provision of credit reports.
The basic principles of forming of credit stories and provisions of credit reports are:
legality;
completeness, reliability and relevance of data;
obligation and uniformity of forming of credit stories;
provision of credit reports on paid basis, except as specified, established by this Law;
providing the bank and protected by the law other secret.
National Bank in the field of implementation of the activities connected with forming of credit stories and provision of credit reports:
performs processing of the data which are part of credit history, arrived from sources of forming of credit history creates and stores credit stories on all subjects of credit stories;
provides credit reports to the users of credit stories, subjects of credit stories and other persons having the right to the specified information according to this Law and other legal acts;
adopts regulatory legal acts in the cases provided by this Law and other legal acts;
signs the relevant international agreements;
uses the data which are part of credit history, for the purposes of implementation of supervision of activities of banks, control of observance by the microfinancial and specialized organizations of the legislation regulating procedure of microfinancial activities and attraction of money, control of compliance with law about leasing activities and other functions of National Bank provided by legal acts;
performs other functions established by this Law and other legal acts.
State bodies and officials, except for courts, authorized law enforcement agencies and other persons in the cases provided by legal acts, legal entities and physical persons have no right to require representation by the user of credit history and the subject of credit history of the credit report received by them in National Bank.
Credit history joins the following information about the subject of credit history (if those are available):
about physical person – surname, own name, middle name, nationality, floor, identification number, number, month, year of birth, the residence, document type, the foreign citizen proving the identity or stateless persons, its series, number, date of issue, and for the subject of credit history who is the individual entrepreneur – also registration number in the Single state register of legal entities and individual entrepreneurs (further – the state register), accounting number of the payer, its core activity;
about the legal entity and the foreign organization, not being the legal entity on foreign law, – the name, the location, registration number in the state register (for the foreign legal entity and the foreign organization, not being the legal entity on foreign law, – data on their creation (registration) from the document confirming their status), accounting number of the payer, their core activity, and for the legal entities of the Republic of Belarus who resulted from reorganization of one or several legal entities – also the name, registration number in the state register and accounting number of the payer reorganized (reorganized) legal (legal) persons (persons) form and date of reorganization.
Concerning obligations of the subject of credit history (for each record of credit history) credit history joins the following data (if those are available):
about the credit agreement – number and date of the conclusion of the agreement, the amount and the name of loan currency (when opening credit line – the extreme size of one-time debt of the borrower), the loan granting term (term of renewability of credit line), term of return (repayment) of the credit, method of ensuring obligation fulfillment under the agreement, availability in the contract of condition on loan granting for refinancing of the credit; data on outstanding amount on the credit, the amounts of overdue payments on return (repayment) of the credit, interest payment for use of it, and also dates to which there correspond these data; date and basis of termination of the contract; the data on assessment determined by National Bank bank of risk on asset and (or) obligations of bank which are not reflected in balance sheet accounts (further – contingent obligation) or their parts, and also date to which there correspond these data;
about the agreement containing conditions of overdraft crediting – number and date of the conclusion of the agreement, overdraft limit, the name of loan currency, date of establishment of overdraft limit, term of renewability of credit line, term of return (repayment) of the credit, method of ensuring obligation fulfillment under the agreement, availability in the contract of condition on loan granting for refinancing of the credit; data on outstanding amount on the credit, the amounts of overdue payments on return (repayment) of the credit, interest payment for use of it, and also dates to which there correspond these data; date and basis of termination of the contract; the data on assessment determined by National Bank bank of risk on asset and (or) contingent obligation or their part, and also dates to which there correspond these data;
about the loan agreement – number and date of the conclusion of the agreement, the amount, the name of currency and term of loan repayment, method of ensuring obligation fulfillment under the agreement; data on outstanding amount on loan, the amounts of overdue payments on loan repayment, interest payment for use of it, and also dates to which there correspond these data; date and basis of termination of the contract. In case of non-return by the borrower of the amount of the microloan provided with pledge of the personal estate intended for personal, family or home use which is transferred to ownership (pledge) to the pawnbroker, in time, established by the agreement of microloan the amounts which are not returned timely are not subject to reflection in credit history as the amounts of overdue payments on loan repayment, interest payment for use of it;
about the agreement of pledge – number and date of the conclusion of the agreement, pledge type, pledge subject cost, completion date of the obligation provided with pledge; data on the amount and the name of currency of requirements of the pawnbroker imposed to the pledger, the amount of the satisfaction which is had by the pawnbroker from the cost of pledged property, and also date to which there correspond these data; date of the termination of pledge;
about the agreement of guarantee – number and date of the conclusion of the agreement, term for which the guarantee, the amount and the name of currency of the obligation which execution is provided with the guarantor is provided; data on the amount and the name of currency of requirements of source of forming of credit history imposed to the guarantor, the amount paid by the guarantor and also dates to which there correspond these data; date of the termination of guarantee; if the guarantee is provided in ensuring obligation fulfillment on credit deal, – the information about the subject of credit history in which ensuring obligation fulfillment the guarantee, data on credit deal which are part of credit history is provided in ensuring obligation fulfillment on which the guarantee is provided;
about the guarantee agreement – number and date of the conclusion of the agreement, term for which the guarantee, the amount and the name of currency of the obligation which execution is provided with the guarantee, vicarious liability is this (solidary or subsidiary); data on the amount and the name of currency of requirements of source of forming of credit history imposed to the guarantor, the amount paid by the guarantor and also dates to which there correspond these data; date of the termination of the guarantee; if it is guaranteed in ensuring obligation fulfillment on credit deal, – the information about the subject of credit history in which ensuring obligation fulfillment it is guaranteed, the data on credit deal which are part of credit history in ensuring obligation fulfillment on which it is guaranteed;
about the agreement of finance lease (leasing) – number and date of the conclusion of the agreement, the name of currency of obligations, availability in the agreement of condition on execution by the leasing recipient of monetary commitments in Belarusian rubles in the amount equivalent to certain amount in foreign currency, availability in the agreement of condition on the redemption of subject of leasing, the agreement price including set of the leasing payments provided by the agreement and redemption value of subject of leasing, redemption value of subject of leasing (if the agreement provides condition about the redemption of subject of leasing), leasing subject cost, term of temporary ownership and use of leasing subject, method of ensuring obligation fulfillment under the agreement; data on outstanding amount on payment of leasing payments and redemption value of subject of leasing, the amounts of overdue leasing payments and the redemption value, and also date which is not paid at the scheduled time to which there correspond these data; date and basis of termination of the contract; the data on assessment determined by National Bank bank of risk on asset and (or) contingent obligation or their part, and also dates to which there correspond these data;
about the agreement of factoring in credit history of the creditor – number and date of the conclusion of the agreement, the amount and the name of currency of the provided money (in case of the conclusion of the agreement on number of monetary commitments – the extreme size of one-timely provided money), data on the notification of the debtor on transition of the rights of the creditor to factor (the open or hidden factoring), availability of the right of the return requirement (regress) to the creditor, term of return of the provided money, method of ensuring obligation fulfillment under the agreement; data on outstanding amount on the monetary claims imposed to the creditor about compensation under the contract with the right of the return requirement (regress), the amount of overdue payments on payment by the creditor of monetary claims about compensation under the contract with the right of the return requirement (regress), and also date to which there correspond these data; date and basis of termination of the contract; the data on assessment determined by National Bank bank of risk on asset and (or) contingent obligation or their part, and also dates to which there correspond these data;
about the agreement of factoring in credit history of the debtor – number and date of the conclusion of the agreement, the amount and the name of currency of the monetary claim yielded to factor (in case of the conclusion of the agreement on number of monetary commitments – the extreme size of one-timely yielded requirements), data on the notification of the debtor on transition of the rights of the creditor to factor (the open or hidden factoring), availability of the right of the return requirement (regress) to the creditor, completion date by the debtor of the monetary claim yielded to factor, the information about the subject of credit history who is the creditor who yielded right to claim against the debtor; data on outstanding amount on the monetary claim yielded to factor, the amount of overdue payments on the monetary claim yielded to factor, and also dates to which there correspond these data; date and basis of discharge of the debtor; the data on assessment determined by National Bank bank of risk on asset and (or) contingent obligation or their part, and also dates to which there correspond these data;
about the agreement providing concession of monetary claim when making factoring transaction in credit history of the debtor – number and date of the conclusion of the agreement, the amount and the name of currency of the monetary claim yielded to bank (in case of the conclusion of the agreement on number of monetary commitments – the extreme size of one-timely yielded requirements), availability of the right of the return requirement (regress) to the creditor, completion date by the debtor of the monetary claim yielded to bank; data on outstanding amount on the monetary claim yielded to bank, the amount of overdue payments on the monetary claim yielded to bank, and also dates to which there correspond these data; date and basis of termination of the contract; the data on assessment determined by National Bank bank of risk on asset and (or) contingent obligation or their part, and also dates to which there correspond these data;
about the agreement of commercial loan – number and date of the conclusion of the agreement, the amount, the name of currency and term of return of the provided payment by installments (delay) of payment of goods (works, services), method of ensuring obligation fulfillment under the agreement; data on outstanding amount on the provided payment by installments (delay) of payment of goods (works, services), the amounts of overdue payments on it, interest payment for its provision, and also dates to which there correspond these data; date and basis of termination of the contract.
Credit history joins information on all changes which are its scope of information.
Credit history of the legal entity of the Republic of Belarus reorganized in the form of accession or who again resulted from reorganization joins records of credit stories of the reorganized legal entities who stopped the activities.
Credit history of the heir of the subject of credit history joins data on credit deals according to which obligations passed to the heir in case of inheritance acceptance, and execution of undertaken obligations by it on credit deals on condition of availability of the judgments which took legal effect or the agreements signed with sources of forming of credit history by the heir according to which the last assumed obligation fulfillment on credit deals.
Credit history joins the data on sources of forming of credit history, on requests of users of credit history, on statements of subjects of credit stories which are also determined by National Bank on receipt of the credit report and on statements of subjects of credit stories for change and (or) amendment of the data which are part of credit history.
Change and (or) amendment of the data which are part of credit history are performed in the cases and procedure determined by National Bank.
The data which are part of credit history and being according to the subject of credit history, doubtful, according to its statement are subject to check by National Bank and (or) at the request of National Bank – the source of forming of credit history which provided these data to National Bank. The term of such check shall not exceed thirty days from the date of receipt of the statement of the subject of credit story about change and (or) amendment of the data which are part of its credit history. During conducting check in credit history the mark "Becomes data are checked".
The subject of credit history shall be informed by National Bank on results of consideration of the application about change and (or) amendment of the data which are the part of its credit history, in time, specified in part two of this Article. If data are acknowledged reliable, then the subject of credit history is given the answer in which the refusal bases are stated in satisfaction of the requirements stated in the application.
The subject of credit history has the right to appeal refusal of National Bank and in case at the request of National Bank it was performed by source of forming of credit history, – refusal of source of forming of credit history in change and (or) amendment of the data which are part of credit history, being in his opinion, doubtful, judicially.
The data which are part of credit history, recognized by results of check as doubtful are subject to change and (or) amendment within five days following behind day of completion of check.
The procedure and storage durations National Bank of credit stories and records of credit history, and also procedure for their cancellation are determined by National Bank. At the same time the storage duration of each record of credit history cannot be less than five years from the date of receipt of the last data on the corresponding credit deal.
After fixed term of storage the National Bank cancels record of credit history. With cancellation of all records of credit history which are its part also credit history is cancelled.
The banks, the microfinancial, specialized, leasing organizations, other organizations determined according to legal acts shall represent to National Bank the data which are available for them being part of credit history on all credit deals on which they are the party, and operators of services of online borrowing - on all credit deals concluded by means of online borrowing service, except for credit deals, data on which are represented by other sources of forming of credit stories.
The National Bank includes in structure of credit history the data which are available for it being part of credit history on all credit deals on which it is the party.
The legal entities who acquired the right to claim on credit deals at other sources of forming of credit stories, data on which were represented to National Bank for inclusion in structure of credit history, shall represent to National Bank the data which are available for them being part of credit history on all credit deals on which right to claim was yielded to them by other sources of forming of credit stories.
The legal entities realizing goods (works, services) on the terms of delay or payment by installments of the payment having the right to represent the data which are available for them to National Bank being part of credit history. At the same time such data are represented without the consent of the subject of credit history on condition of fulfillment of requirements, determined by National Bank. In case of submission to National Bank such source of forming of credit history of data it shall represent data on all subjects of credit history and all credit deals in full, determined by this Law. Data are represented based on the agreement of information exchange signed between National Bank and source of forming of credit history and which is the agreement of accession which conditions are determined by National Bank. The National Bank has the right to terminate such agreement unilaterally in case of violation of the requirements determined by National Bank.
The National Bank has the right to request the documents confirming reliability of the provided data which are part of credit history from source of forming of credit history.
Representation by source of forming of credit history in National Bank of the data which are part of credit history, according to the procedure, provided by this Law, is not violation of the bank and protected by the law other secret.
The source of forming of credit history shall specify in the contract providing right to claim concession on credit deal for availability in credit history of information concerning the transferred obligation.
The source of forming of credit history shall inform subjects of credit story about submission of data on credit deals to National Bank in case of the conclusion of such transactions.
The data which are part of credit history are presented by sources of forming of credit history in National Bank in the form of the electronic document conforming to the requirements established by the legislation. The procedure and terms of submission of such data are established by National Bank.
The Ministry of Internal Affairs at the request of National Bank provides it the stipulated in Article 6 these Laws the information about the physical person – the subject of credit history (in the presence), compliance, necessary for verification, of the data provided to National Bank by source of forming of credit history according to this Law, without written consent this physical person according to the procedure by it, determined by the legislation.
The Ministry of Justice at the request of National Bank provides it the information from the state register on the name, the former name and registration number in this state register of the legal entity – the subject of credit history, and also about surname, name, middle name (if those are available) the individual entrepreneur – the subject of credit history and its registration number in the state register, compliance, necessary for verification, of the data provided to National Bank by source of forming of credit history according to this Law by it, according to the procedure, determined by the legislation.
Verification of the data provided to National Bank by sources of forming of credit history is carried out on all subjects of credit stories, except for the foreign organizations, not being legal entities on foreign law, foreign legal entities, physical persons – the foreign citizens or stateless persons which do not have the residence permit in the Republic of Belarus.
The data which are part of credit history are provided to users of credit history, subjects of credit stories and heirs of subjects of credit stories in the form of the credit report created on the basis of these data.
The credit report is provided by National Bank in the form of the electronic document conforming to the requirements established by the legislation or the paper document on the conditions provided by this Law. The procedure and forms of provision of the credit report are determined by National Bank.
The physical person or legal entity, the foreign organization, not being the legal entity on foreign law, and also the state body and the other person who do not have according to legal acts rights of receipt of the data which are bank secrecy who intend to receive the credit report in National Bank shall receive to the appeal to National Bank written consent or consent in electronic form without use of the digital signature in the cases provided by legal acts, the subject of credit history on provision of the credit report of this subject of credit history.
The consent of the subject of credit history to provision of the credit report is drawn up according to the procedure and in form, the determined National Bank. At the same time in the form of consent the name of the user of credit history, the purpose of receipt of the credit report by the user of credit history, date of registration of consent and term of its action which is established by National Bank depending on the purposes of receipt of the credit report shall be without fail specified. The user of credit history has the right to receive the credit report of the subject of credit history only for the purpose of, determined by National Bank. Receipt of the credit report for the purpose of, not specified in the consent of the subject of credit history, is considered receipt of the credit report without consent.
The consent of the subject of credit history to provision to the user of credit history of the credit report can be withdrawn by the subject of credit history according to the procedure, determined by National Bank, except as specified the conclusions of credit deal between the user of credit history and the subject of credit history during action of term of consent, availability at the time of registration of consent of the operating credit deal concluded between the user of credit history and the subject of credit history, or the operating monetary claim on which rights are yielded to the user of credit history under the agreement of factoring or factoring transaction under which the subject of credit history is debtor.
In case of right to claim concession on credit deal on which data were represented to National Bank for inclusion in structure of credit history, the consent of the subject of credit history to provision of the credit report it is considered this to the legal entity who acquired the right to claim on credit deal.
The source of forming of credit history which yielded right to claim on credit deal to other person shall transfer it the consent of the subject of credit history to provision of the credit report.
The credit report is provided to users of credit history based on the agreement of rendering information services, except as specified, when according to this Article the credit report is provided without remuneration payment. The agreement of rendering information services is signed between National Bank and the user of credit history and is the agreement of accession which conditions are determined by National Bank.
Essential terms of the contract of rendering information services are the size and procedure for introduction of remuneration for provision of the credit report, completion date of the obligation, procedure for return of money by National Bank in case of non-execution of the obligation, responsibility for non-execution of the obligation.
The credit report is provided without the conclusion of the agreement of rendering information services to the subject of credit history or to his heir, and also in cases when according to this Article the credit report is provided without remuneration payment.
The National Bank determines the size and procedure for introduction of remuneration for provision of the credit report to the subject of credit history or his heir, completion date of the obligation by provision of the credit report, procedure for return of money by National Bank in case of non-execution of the obligation, responsibility for non-execution of the obligation. At the same time amount of remuneration for provision of the credit report to the subject of credit history or his heir cannot exceed economically reasonable costs connected with its provision.
To the user of credit history the credit report is provided on its request for receipt of the credit report and for remuneration, except as specified provisions of the credit report to the user of credit history, being state body to which the credit report is provided without remuneration payment. At the same time upon the demand of the subject of credit history the user of credit history shall give it access to contents of the credit report gratuitously.
The credit report is provided to the subject of credit history or his heir according to the statement on receipt of the credit report of the subject of credit history without remuneration payment two times within calendar year, but no more once on paper and any number of times within calendar year for remuneration. The credit report, including on paper, requested by the subject of credit history or his heir after change of the false information which is part of credit history of the subject of credit history by results of consideration of the application or the address of the subject of credit history, is provided without remuneration payment.
In case of refusal in provision of the credit report for which receipt remuneration is paid the received money returns National Bank according to the contract of rendering information services or with the procedure determined by National Bank, in time no later than three banking days from the date of decision making about refusal in provision of the credit report.
Provision of credit reports according to this Law is not violation of bank secrecy.
Other conditions of provision of credit reports which are not provided by this Law are determined by National Bank.
In the credit report provided to the user of credit history, the data which are part of credit history, specified in article 7 of this Law, except for to information on requests of users of credit history, and in case of provision of the credit report of the debtor also the information about the subject of credit history who is the creditor who yielded right to claim against the debtor is not reflected. In credit reports of the guarantor, guarantor of the information about subjects of credit stories in which ensuring obligation fulfillment it is guaranteed the guarantee is provided, are not reflected.
The data on assessment by bank of risk on asset and (or) contingent obligation or their part which are part of credit history are reflected only in the credit report provided to the user of credit history being bank.
The physical person has the right to establish prohibition on provision to users of credit history of its credit report irrespective of, its credit history is created or is absent.
In case of establishment of prohibition on provision to users of credit history of the credit report the user of credit history who requested the credit report receives the message on prohibition of physical person on provision to users of credit history of the credit report. In this case the credit report is not provided to the user of credit history, except for availability case in credit history for date of request of the credit report of the operating credit deal concluded between the user of credit history who requested the credit report and the subject of credit history, or the operating monetary claim on which rights are yielded to the user of credit history who requested the credit report under the agreement of factoring or factoring transaction under which the subject of credit history is debtor.
The procedure for establishment and removal by physical person of prohibition on provision to users of credit history of the credit report is determined by National Bank.
The National Bank refuses provision of the credit report in case:
non-presentations and (or) non-presentations of the documents necessary for receipt of the credit report;
creation of request (statement) for receipt of the credit report with violation of the established form or lack in it of the data determined by National Bank;
absence at person which signed request (statement) for receipt of the credit report, powers necessary for this purpose;
establishments of prohibition on provision to users of credit history of the credit report provided by part three of article 14 of this Law;
in other cases determined by National Bank.
Based on the documents submitted for receipt of the credit report, National Bank during three banking days following behind day of receipt of request (statement) for receipt of the credit report if other term is not established by legal acts, makes the decision on provision of the credit report or on refusal in provision of the credit report.
In case of decision making about provision of the credit report the National Bank provides the credit report during three banking days following behind day of decision making about provision of the credit report if other term is not established by legal acts.
In case of decision making about refusal in provision of the credit report the National Bank notifies about it person who sent inquiry (statement) for provision of the credit report during three banking days following behind day of decision making about refusal in provision of the credit report if other term is not established by legal acts.
The decision on refusal in provision of the credit report can be appealed judicially.
Sources of forming of credit history provide according to the legislation protection of the data which are part of credit history in case of their submission to National Bank.
The National Bank provides according to the legislation protection of the data which are part of credit history in case of their receipt, processing, forming, storage and provision of the credit report.
Users of credit history provide information security according to the legislation, containing in the credit report provided to them by National Bank in the form of the electronic document in case of its obtaining, storage and use.
Users of credit history take all necessary measures for non-admission of illegal disclosure to other persons of information containing in the credit report provided to them by National Bank on paper.
Information containing in the credit report received by the user of credit history is not subject to disclosure, except as specified provisions of the credit report to the subject of credit history and disclosure of information containing in the report by it if other is not provided by legal acts.
Violation of the law in the field of implementation of the activities connected with forming of credit stories and provision of credit reports attracts the responsibility established by legal acts.
The National Bank creates credit stories on all credit deals operating on the date of entry into force of this Law. When forming credit stories the National Bank has the right to use the data received from banks according to the legislation before entry into force of this Law.
To Council of Ministers of the Republic of Belarus and National Bank in nine-months time from the date of official publication of this Law to take the measures necessary for realization of provisions of this Law.
This Law becomes effective in nine months after its official publication, except for this Article and Article 21, which become effective from the date of official publication of this Law.
President of the Republic of Belarus A. Lukashenko
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