Article 5. Rules for the implementation of collection activities of the Law on Collection Activities

Home / RLA / Article 5. Rules for the implementation of collection activities of the Law on Collection Activities

 1. The collection agency has the right to interact with the debtor and (or) his representative, and (or) a third party bound by obligations to the creditor under a bank loan agreement or a micro-loan agreement, in the following way:

1) telephone conversations from the phone numbers of the collection agency for contacts with debtors;

2) personal meetings;

3) written (postal) notifications sent to the debtor, an individual at the place of residence (legal address), to the debtor, a legal entity at the location (actual address);

4) text, voice and other cellular communications;

5) via the Internet.

2. The collection agency's interaction with the debtor and (or) his representative, and (or) a third party bound by obligations to the creditor under a bank loan agreement or a micro-loan agreement must be carried out:

1) with each contact, a message about (about):

the name of the collection agency;

location of the collection agency;

last name, first name, patronymic (if it is indicated in the identity document), position of the person who interacts with the debtor;

the name of the lender.

Other information not provided for in this subparagraph and which is not a commercial or other secret protected by the laws of the Republic of Kazakhstan shall be communicated to the debtor upon his request.;

2) during the period from 8.00 to 21.00 on weekdays at the time of the debtor's place of residence or location, or the debtor's place of registration, unless another period of interaction proposed by the collection agency within the time period specified in this subparagraph is determined by the debtor when personally contacting the collection agency.;

3) no more than three times a week and no more than once during the period from 8.00 to 21.00 on weekdays in person at the initiative of the collection agency at the place of residence or location, or at the place of registration of the debtor, or at the premises of the collection agency (branch, representative office) at its location;

4) no more than three times during the period from 8.00 to 21.00 on weekdays by telephone at the initiative of the collection agency;

5) providing, at the request of the debtor, a document confirming the amount of debt and copies of documents confirming the authority of the collection agency to carry out collection activities in respect of debt, with the exception of information related to commercial or other secrets protected by the laws of the Republic of Kazakhstan;

6) recording of the interaction process using audio or video equipment with audio recording;

7) ensuring the safety of documents and information received from the creditor, the debtor and (or) his representative, and (or) third parties, including banking secrecy, the secrecy of micro-credit provision, commercial or other secrets protected by the laws of the Republic of Kazakhstan, personal data of the debtor and (or) his representative, and (or) third parties.

IZPI's note! The second part of paragraph 2 is provided for in the wording of 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).

The requirements provided for in subparagraphs 2), 3) and 4) of part one of this paragraph do not apply to the interaction of the collection agency with the debtor and (or) his representative, violating (violating) the obligations provided for in paragraph 2 of Article 16 of this Law.

The requirements provided for in subparagraphs 3) and 4) of part one of this paragraph, with the exception of the requirement for interaction between 8 a.m. and 9 p.m. on weekdays, do not apply to the interaction of the collection agency with the debtor and (or) his representative, violating (violating) the obligations provided for in paragraph 2 of Article 16 of this Law.

3. At the request of the debtor and (or) his representative, the collection agency is obliged to acquaint the debtor and (or) his representative with their rights and obligations provided for in Article 16 of this Law.

4. The interaction of the collection agency with a third party other than the person specified in the first paragraph of paragraph 1 of this article is allowed in order to establish the location and (or) contact details of the debtor if there is such a condition in the bank loan (microcredit) agreement concluded with the debtor.

When interacting with the third party specified in part one of this paragraph, the collection agency provides the following information:

name of the collection agency;

last name, first name, patronymic (if it is indicated in the identity document) and the position of the employee of the collection agency;

last name, first name, patronymic (if it is indicated in the identity document) of the debtor.

The collection agency's interaction with the individual specified in part one of this paragraph is subject to compliance with the requirements provided for in the sub-paragraphs 2), 3), 4), 6) and 7) of the first part of paragraph 2 of this Article, as well as, if this person has not expressed disagreement with the interaction with the collection agency, in including verbally.

5. When carrying out collection activities, the collection agency is prohibited from carrying out the following unfair actions:

1) use other methods of interaction with the debtor and (or) his representative, and (or) a third party, not provided for in paragraph 1 of this article;

2) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 168-VI (effective after ten calendar days from the date of its first official publication);

3) Excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 97-VIII (effective sixty calendar days after the date of its first official publication).

4) Excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 97-VIII (effective sixty calendar days after the date of its first official publication).

5) Excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 97-VIII (effective sixty calendar days after the date of its first official publication).

6) Excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 97-VIII (effective sixty calendar days after the date of its first official publication).

6-1) Is excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 97-VIII (effective sixty calendar days after the date of its first official publication).

7) accept money (in cash or non-cash form), as well as other property to repay debts;

8) to demand repayment of debts with other property than money;

9) disclose a commercial or other secret protected by the laws of the Republic of Kazakhstan, obtained from the creditor and (or) his representative, and (or) third parties, except in cases provided for by the laws of the Republic of Kazakhstan.

5-1. An employee of a collection agency, when interacting with a debtor and (or) his representative, and (or) a third party, is prohibited from performing the following unfair actions:

1) to mislead the person with whom the employee of the collection agency interacts about the size, nature and grounds of the debt;

2) provide false last name and (or) first name and (or) patronymic (if it is indicated in the identity document), as well as information about the place of work and (or) position of an employee of a collection agency that does not correspond to reality;

3) disseminate information discrediting the honor, dignity and business reputation of a person with whom an employee of a collection agency interacts, or disclose information that may cause property damage to the interests of these persons;

4) commit unlawful acts that infringe on the rights and freedoms of a person with whom an employee of a collection agency interacts, endangering their life and health, as well as causing property and other harm to that person;

5) to exert pressure by threatening to use violence or destroying or damaging the property of the debtor and (or) his representative and (or) third parties, insults, fraud, forgery of documents, blackmail, forcing the debtor to fulfill obligations under a bank loan agreement or a microcredit agreement.

6. The collection agency, independently or at the request of the authorized body, is obliged to take measures to terminate the employee's powers to interact with the persons specified in the first paragraph of paragraph 1 and part one of paragraph 4 of this article in case of violation of the norms of this article and provide information to the authorized body within three working days.

7. The requirements of paragraphs 1, 2, 4, sub-paragraphs 1) and 9) of paragraph 5, paragraphs 5-1 and 6 of this article apply to the collection agency and its employees when exercising their creditor rights resulting from the assignment of a right (claim) under a bank loan agreement or a micro-loan agreement, as well as to service companies..

8. Excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 97-VIII (effective sixty calendar days after the date of its first official publication).

9. The requirements of paragraph 1, paragraphs four and five of the first part of subparagraph 1), subparagraphs 2), 3), 4) and 6) of the first paragraph of paragraph 2, paragraph 5-1 of this article apply to employees of the collection agency when representing the interests of the creditor under a bank loan agreement or a contract for the provision of microcredit.

10. When carrying out collection activities, a collection agency is prohibited from concluding contracts providing for cooperation with private bailiffs.

President

Republic of Kazakhstan

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