of May 6, 2017 No. 62-VI ZRK
About collection activities
(In edition of the Law of the Republic of Kazakhstan of 25.12.2017 No. 122-VI ZRK)
This Law governs the public relations connected with implementation of collection activities, establishes features of creation, activities of the collection agencies, and also determines features of state regulation of the collection agencies, control of their activities.
In this Law the following basic concepts are used:
1) debt on the agreement of bank loan or the agreement on provision of the microcredit (further - debt) - obligations of the debtor to the creditor on payment of principal debt, remuneration, the commissions, penalties (penalty, penalty fee) under the agreement of bank loan or the agreement on provision of the microcredit;
2) the debtor - the physical person or legal entity which allowed non-execution or improper execution of agreement obligations of bank loan or to the agreement on provision of the microcredit;
3) accounting registration - inclusion of the legal entity having intention to perform collection activities, in the register of the collection agencies;
4) the collection agency - the legal entity, being the commercial organization, included in the register of the collection agencies;
5) the register of the collection agencies - the single list of the collection agencies of authorized body in the sphere of collection activities;
6) collection activities - the activities of the collection agency directed to pre-judicial collection and settlement of the debt, and also to information collection connected with debt;
7) authorized body in the sphere of collection activities (further - authorized body) - National Bank of the Republic of Kazakhstan;
8) the creditor - bank of the second level, the organization performing separate types of banking activities, or the microfinancial organization having right to claim against the debtor on debt.
1. The legislation of the Republic of Kazakhstan on collection activities is based on the Constitution of the Republic of Kazakhstan, consists of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. Operation of the laws of the Republic of Kazakhstan "About economic partnerships" and "About partnerships with the limited and accessorial liability" extends to the collection agencies in the part which is not settled by this Law.
3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
1. The collection agency is created in form of business of economic partnership.
2. The name of the collection agency shall contain the words "collection agency" without fail. Reducing the name of the collection agency is not allowed.
The legal entity who is not included in the register of the collection agencies, having no right to perform collection activities, to characterize itself as engaged in collection activities, and also to use in the name the words "collection agency", words, derivative of them, assuming that it performs collection activities.
3. Any person independently or together with another (others) person (persons) cannot (can not) own and use directly or indirectly, and (or) to dispose of ten or more percent of shares in the authorized capital of the collection agency or to have control if it:
1) did not open information on itself and physical persons who directly or indirectly own and (or) use, and (or) dispose of more than twenty five percent of shares in the authorized capital or placed (less exclusive and redeemed by society) shares of person specified in paragraph one of this Item, and it is equal about the physical persons exercising control over the specified person, to authorized body;
2) is the physical person having the outstanding or not removed criminal record;
3) is legal entity, the founder (the shareholder, the participant) or the leading employee of which was the first head or the founder (participant) of the collection agency during the period no more than in one year prior to adoption by authorized body of the decision on exception of the register of the collection agencies of this collection agency on the bases provided in subitems 1), 2), 3), 4), 5), 6) and 7) of part one of Item 1 of article 9 of this Law earlier.
1. Indirect possession and (or) use, and (or) the order of shares in the authorized capital or placed (less exclusive and redeemed by society) shares of the legal entity for the purpose of this Law is understood as opportunity to determine decisions of the legal entity, persons or persons who jointly are the persons owning and (or) using, and (or) disposing of ten or more percent of shares in the authorized capital of the legal entity through ownership (vote) of shares (shares in the authorized capital) other legal entities.
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