It is registered
Ministry of Justice
On March 6, 2017 No. 45850
of February 3, 2017 No. 4278-U
About requirements to contents of the basic standard of protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of the self-regulatory organizations in the sphere of the financial market uniting the microfinancial organizations
This Instruction based on part 2 of article 5 of the Federal Law of July 13, 2015 No. 223-FZ "About self-regulatory organizations in the sphere of the financial market" (The Russian Federation Code, 2015, No. 29, Art. 4349; 2016, No. 27, the Art. 4225) establishes requirements to contents of the basic standard of protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of the self-regulatory organizations in the sphere of the financial market uniting the microfinancial organizations (further - self-regulatory organizations).
1. The basic standard of protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of self-regulatory organizations (further - the Basic standard), shall contain:
1.1. The minimum amount of the provided information to physical persons and legal entities - receivers of financial services, and also potential receivers of financial services (further - receivers of financial services):
about the complete and (or) reduced trade name of the microfinancial organization, about the trademark used by the microfinancial organization (in the presence), about number of record about the legal entity in the state register of the microfinancial organizations, about membership in self-regulatory organization and about the Basic standard;
about the financial services and additional services of the microfinancial organization including rendered for additional fare;
about the risks connected with the conclusion the receiver of financial service of the agreement on provision of financial service (issue of loan or attraction of money by the microfinancial organization);
about methods and addresses of the direction of the address of the consumer of financial service;
about methods of protection of the rights of the receiver of financial service, including information on availability of opportunity and methods of pre-judicial dispute settlement, including on the procedure of mediation (in case of its availability).
1.2. Procedure for provision of information to receivers of financial services:
the providing non-discriminatory nature of information access of receivers of financial services on equal terms and in equal amount;
excluding provision of information which can entail ambiguous interpretation of properties of financial service;
providing provision to the receiver of financial service of information without costs or making of additional actions, not stipulated by the legislation the Russian Federation;
providing information statement with available language (with use of legible fonts, formats - in case of provision of information on paper) with explanation of special terms (in case of their availability).
1.3. Evaluation procedure of solvency of the receiver of financial service in case of the conclusion of the agreement of consumer microloan, including initiative receipt by the microfinancial organization of information on the monetary commitments and sources of money which are available for the receiver of financial service for their execution for the purpose of assessment of debt load, and also the provisions determining the level of solvency of the borrower necessary for the conclusion of the agreement of consumer microloan including number of the contracts of consumer microloan with one microfinancial organization signed within one year in case of which excess solvency of the borrower will be considered as insufficient.
1.4. Requirements to number of the changes of the agreement of consumer microloan allocated for increase in term of return of money under the contract of consumer microloan with one receiver of financial services within one year and prisoners according to the Federal Law of December 21, 2013 No. 353-FZ "About consumer loan (loan)" (The Russian Federation Code, 2013, No. 51, Art. 6673; 2014, No. 30, Art. 4230; 2016, No. 27, Art. 4164).
1.5. Principles of provision of information of advertizing nature on activities of the microfinancial organization.
1.6. The rules of interaction of the microfinancial organization with the receiver of financial services including:
quality requirements of consultation of receivers of financial services in the provided financial services in questions of the legislation of the Russian Federation regulating the provided financial service;
requirements about timely informing the receiver of financial services about emergence of overdue debt for the agreement of consumer loan and about consequences of non-execution of obligations for return of debt on the agreement of consumer loan;
order of interaction with receivers of financial services in case of origin of overdue debt at them under the agreement of consumer loan and debt restructuring possibility (change of terms of the contract of consumer loan) for receivers of financial services;
procedure and terms of provision upon the demand of the receiver of financial services of documents (their copies) connected with the conclusion and agreement performance of loan;
procedure and cases of fixing of the telephone negotiations and messages transferred on networks of telecommunication, including mobile radiotelephone communication, and also storage of the relevant information.
1.7. The minimum standards of servicing of receivers of financial services concerning availability and material security of offices, and also the recommendation about servicing of receivers of financial services with limited opportunities.
1.8. Requirements to the employees of the microfinancial organization performing direct interaction with receivers of financial services, and also to check of compliance of these employees of the microfinancial organization to the specified requirements.
1.9. The procedure for consideration by the microfinancial organizations of addresses of receivers of financial services including:
the work with addresses of receivers of financial services providing informing the receiver of financial service on receipt of the address, objectivity of consideration of addresses;
forms and methods of provision to the receiver of financial service of the answer to the address;
requirements to motivation of the answer and causes of failure (when applicable);
requirements to deadlines of consideration of addresses taking into account provisions, the stipulated in Clause 10 Federal Laws of July 3, 2016 No. 230-FZ "About protection of the rights and legitimate interests of physical persons when implementing activities for return of overdue debt and about introduction of amendments to the Federal law "About Microfinancial Activities and the Microfinancial Organizations" (The Russian Federation Code, 2016, No. 27, the Art. 4163);
requirements to registration of the entering addresses and answers to them;
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