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Home / RLA / Article 15. Responsibilities of a collection agency The Law on Collection Activities

Article 15. Responsibilities of a collection agency The Law on Collection Activities

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 15. Responsibilities of a collection agency The Law on Collection Activities

    1. The collection agency is obliged to:

     1) within two working days, inform the creditor of information about its affiliation with the debtor, the grounds for such affiliation, as well as other circumstances that affect or may affect the fulfillment of contractual obligations by the collection agency and (or) may lead to a conflict between the personal interest of the collection agency and the legitimate interests of the creditor, or to infringement legitimate interests of the creditor, including as a result of the direct or indirect interest of the collection agency in the debtor's failure to fulfill its obligations to the creditor.;

     2) in cases of changes in the location or name, notify the authorized body in writing or through an electronic document management system and post the relevant information on its Internet resource in Kazakh and Russian languages no later than three calendar days from the date of such changes.;

     2-1) in cases of changes in the telephone numbers of the collection agency for contacts with debtors, notify the authorized body in writing or through an electronic document management system no later than three calendar days from the date of such changes.;

     3) to observe the secrecy of collection activities;

     3-1) when the creditor assigns rights (claims) under a bank loan agreement or a micro–loan agreement, take measures to settle the debt of the debtor, an individual, in accordance with the regulatory legal act of the authorized body for the settlement of debt collection agencies of individuals.;

     4) no more than once a month, at the request of the debtor and (or) his representative, within ten working days from the date of receipt of the request, provide free of charge in writing information on the balance of overdue and current amounts of the principal debt, remuneration, penalties (fines, penalties) for acquired rights (claims);

     4-1) upon a written application from the debtor or his representative, submitted after full repayment of the debt under the bank loan agreement and (or) the microcredit agreement, the right (claim) for which was acquired by the collection agency, to issue once, free of charge, within ten calendar days from the date of receipt of the application, a certificate of absence of debt in writing;

     5) to ensure the safety of documents and information received from the creditor, debtor and third parties, the protection of personal data of the debtor and (or) his representative, and (or) a third person bound by obligations with the creditor under a bank loan agreement or a micro-loan agreement, in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection;

     6) have your own online resource;

     7) when the creditor assigns rights (claims) under a bank loan agreement or a micro-loan agreement, prevent the debtor from charging other commissions and payments not provided for in such an agreement.;

     8) when the creditor assigns rights (claims) under a bank loan agreement or a microcredit agreement, comply with the requirements and restrictions imposed by the legislation of the Republic of Kazakhstan on the relationship between the creditor and the debtor under a bank loan agreement or a microcredit agreement, as well as to such an agreement concluded between the original creditor and the debtor;

     9) have specialized software used to automate the activities and accounting of debt, as well as record the process of interaction with the debtor using audio or video equipment in the premises of the collection agency (branch, representative office) at its location;

     10) conclude an agreement on the provision of information with the state credit bureau;

     IZPI's note!      Subparagraph 11) is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

     11) submit reports to the National Bank of the Republic of Kazakhstan in accordance with the regulatory legal act of the National Bank of the Republic of Kazakhstan;

     11-1) submit information on contracts of assignment of the right of claim to the state revenue authorities at their location no later than the 25th of the fifth day of the month following the quarter, in the form established by the authorized state body responsible for ensuring the receipt of taxes and other mandatory payments to the budget, in coordination with the authorized body;

     12) eliminate violations of the legislation of the Republic of Kazakhstan identified by the authorized body;

     13) in cases of changes in information about the founders (participants), senior staff, employees who will interact with debtors and (or) their representatives, and (or) third parties who are bound by obligations to the creditor under a bank loan agreement or a micro-loan agreement, as well as about branches and (or) representative offices notify the authorized body in writing or via an electronic document management system within fifteen working days from the date of such changes.;

     14) record the process of interaction with the debtor and (or) his representative, and (or) a third party using audio or video equipment with audio recording and store audio and (or) video recording materials for six months from the date of interaction with the debtor and (or) his representative, and (or) a third party face;

     15) provide to the authorized body, on the basis of its request, information, documents and materials of audio and (or) video recordings (if any), including on complaints received from debtors and creditors;

     16) when interacting with the debtor through personal meetings, ensure the presence of a branch or representative office at the place of residence or at the location or place of registration of the debtor, or in the administrative centers of the regions in which the locality of the place of residence or location or place of registration of the debtor is located;

     16-1) at the request of the debtor, an individual and (or) his representative, to acquaint them (him) with the rights and obligations provided for in Article 16 of this Law.;

     17) take measures to terminate the powers of an employee who, when interacting with the persons specified in paragraph one of paragraph 1 and paragraph one of paragraph one of paragraph 4 of Article 5 of this Law, violated the requirements of this article, including in the case of a request by the authorized body for the dismissal of the said employee, as well as provide information about the dismissed employee to the authorized body within three working days from the date of dismissal;

     18) monthly, no later than the tenth day of the month following the reporting month, submit, in accordance with the procedure determined by the authorized body, information about persons who, independently or jointly with another (other) person(s), directly or indirectly own and (or) use and (or) dispose of ten or more percent of the shares in the authorized capital of the collection agency, or having control over;

     18-1) comply, within the framework of the trust management agreement, with the requirements and restrictions imposed by the legislation of the Republic of Kazakhstan on the relationship between the creditor and the debtor within the framework of a bank loan agreement and (or) a microcredit agreement;

     19) comply with the rules of collection activities provided for in Article 5 of this Law and other requirements established by this Law and other regulatory legal acts of the Republic of Kazakhstan.

     2. Collection agencies shall provide information and information about their activities requested by the authorized body in order to ensure state control over collection activities.

     Failure to provide, late provision of information or provision of information that does not contain information required by the legislation of the Republic of Kazakhstan on collection activities, provision of false information, violation of the deadline for reporting, submission of false, as well as incomplete reporting or knowingly false information by the collection agency entail liability provided for by the laws of the Republic of Kazakhstan.

 

The Law of the Republic of Kazakhstan dated May 6, 2017 No. 62-VI.

     This Law regulates public relations related to the implementation of collection activities, establishes the specifics of the creation and operation of collection agencies, and also defines the specifics of state regulation of collection agencies and control over their activities.

 

President    

Republic of Kazakhstan     

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