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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2019 No. 232

About approval of the Procedure for the conclusion of the agreement on provision of the microcredit, including requirements to content, execution of the agreement and its first page containing information on all-in cost of the microcredit (the overpayment amount on the microcredit, microcredit subject), to compulsory provisions of the agreement on provision of the microcredit, and also form of the repayment schedule of the microcredit

(as amended on 16-07-2021)

According to Item 3 of article 4 of the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve:

1) the Procedure for the conclusion of the agreement on provision of the microcredit according to appendix 1 to this resolution;

2) Requirements to content, execution of the agreement and its first page containing information on all-in cost of the microcredit (the overpayment amount on the microcredit, microcredit subject), to compulsory provisions of the agreement on provision of the microcredit according to appendix 2 to this resolution;

3) the Form of the repayment schedule of the microcredit according to appendix 3 to this resolution.

2. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan on October 29, 2018 No. 264 "About determination of the list of compulsory provisions of the agreement on provision of the microcredit" (it is registered in the Register of state registration of regulatory legal acts at No. 17886, it is published on December 14, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

3. To provide to department of consumer protection of financial services in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

3) within ten working days after official publication of this resolution submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item and item 4 of this resolution.

4. To department of external communications - press - service of National Bank to provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

6. This resolution becomes effective since January 1, 2020 and is subject to official publication.

Chairman of National Bank

E.Dosayev

 

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2019 No. 232

Procedure for the conclusion of the agreement on provision of the microcredit

1. This Procedure for the conclusion of the agreement on provision of the microcredit is developed according to Item 3 of article 4 of the Law of the Republic of Kazakhstan "About microfinancial activities" (further – the Law) and determines procedure for the conclusion of the agreement on provision of the microcredit.

2. The agreement on provision of the microcredit, according to which the organization performing microfinancial activities (the microfinancial organization, credit partnership and pawnshop performing activities for provision of the microcredits, further – the organization performing microfinancial activities), provides to the borrower, the microcredit consists taking into account requirements of the civil legislation of the Republic of Kazakhstan to written form of the transaction.

3. To the conclusion of the contract on provision of the microcredit with physical person the organization performing microfinancial activities performs the actions provided by subitems 4) and 5) of Item 2 of article 7 of the Law, with obligatory fixation of the list performed by organization of events which joins the credit folder of the borrower under this agreement.

 

Appendix 2

to the Resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2019 No. 232

Requirements to content, execution of the agreement and its first page containing information on all-in cost of the microcredit (the overpayment amount on the microcredit, microcredit subject), to compulsory provisions of the agreement on provision of the microcredit

1. These Requirements to content, execution of the agreement and its first page containing information on all-in cost of the microcredit (the overpayment amount on the microcredit, microcredit subject), to compulsory provisions of the agreement on provision of the microcredit (further – Requirements) are developed according to Item 3 of article 4 of the Law of the Republic of Kazakhstan "About microfinancial activities" (further – the Law).

2. In Requirements the following concepts are used:

1) the agreement on provision (opening) of credit line – the agreement on provision of the microcredit signed on the conditions allowing the borrower most to determine in the agreement (agreements) which is (being) integral (integral) part (parts) of the agreement on provision (opening) of credit line, the amount and time of receipt of the microcredit, but within the amount and time determined by rules of provision of the microcredits and the agreement on provision (opening) of credit line;

2) the agreement – the agreement on provision of the microcredit according to which the organization performing microfinancial activities provides to the borrower the microcredit;

3) the overpayment amount on the microcredit – the amount of all payments of the borrower under the agreement, including the amount of remuneration, penalties (penalty, penalty fee), except for microcredit subject;

4) the organization – the organization performing microfinancial activities (the microfinancial organization, credit partnership, pawnshop performing activities for provision of the microcredits);

5) remuneration – the payment for the provided microcredit determined in percentage expression to the microcredit amount at the rate of the annual size of the money which is due to the organization;

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