of November 28, 2019 No. 215
About approval of Rules of calculation and extreme value of coefficient of debt load of the borrower of the organization performing microfinancial activities
For the purpose of implementation of the Law of the Republic of Kazakhstan of July 3, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation and development of the financial market, microfinancial activities and the taxation" the Board of National Bank of the Republic of Kazakhstan DECIDES:
Limiting 2) value of coefficient of debt load of the borrower of the organization performing microfinancial activities in the amount of 0,5.
2. To provide to department of methodology and regulation of the financial organizations 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 state registration of this resolution submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item and Item 3 of this resolution.
3. To department of external communications - the 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.
4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.
Chairman of National Bank
Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of November 28, 2019 No. 215
1. These rules of calculation of coefficient of debt load of the borrower of the organization performing microfinancial activities (further - Rules) are developed according to the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities" (further - the Law) and determine procedure of payments of coefficient of debt load of the borrower of the organization performing microfinancial activities (except for pawnshop), according to the subitem 3) of Item 1-1 of article 3 of the Law (further - the microfinancial organization).
2. In Rules the basic concepts specified in the Law and also the following concepts are used:
1) credit line - the obligation of the microfinancial organization to provide to the borrower the microcredit on the conditions allowing the borrower most to determine 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) credit limit - the limiting amount of credit line;
3) the borrower - the physical resident person of the Republic of Kazakhstan intending to use or using services of the microfinancial organization for provision of the microcredit which average monthly earnings do not exceed or is equal to the double size published on Internet resource of authorized body in the field of the state statistics of the last average monthly salary available for date of implementation of calculation of coefficient of debt load of the borrower;
4) the official income - the average monthly income calculated based on one and (or) several of the following documents:
information from the database of the single accumulation pension fund or The Government for Citizens State corporation on the compulsory pension contributions compulsory for professional pension contributions of the investor (receiver) or information from databases of the central executive bodies and belonging or subordinated it to legal entities regarding information on the income of physical persons;
statements from the bank account on which retirement benefits arrive;
statements from the bank account on which the salary and other income from the employer arrives;
statements from the bank account on which insurance payments for the agreement of retirement annuity, for the agreement of annuity insurance of the prisoner according to requirements of the Law of the Republic of Kazakhstan "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" arrive;
information on the income of physical person - the individual entrepreneur, calculated on the basis of the following tax assignments:
5 (five) percent from the taxable income in case of application of special tax regime on the basis of the patent;
15 (fifteen) percent from the taxable income in case of application of special tax regime on the basis of the simplified declaration;
20 (twenty) percent from the taxable income of special tax regime with use of the fixed deduction.
3. The microfinancial organization perfroms calculation of coefficient of debt load of the borrower before decision making about (about):
to issue to the borrower of the microcredit, except for issues of the microcredit (part of the microcredit) within the credit line opened for the borrower;
opening of credit line to the borrower (establishment of credit limit);
to issue to the borrower of the additional microcredit within signed signed the agreement (agreements) on provision of the microcredit;
the change of conditions of open credit line and (or) borrower's microcredit attracting increase in the size of periodical payments on this microcredit according to the repayment schedule of the microcredit.
4. Requirements of Item 3 of Rules extend to the microcredits provided to borrowers on purchase of goods, the works and services which are not connected with implementation of business activity, except for:
the microcredits issued for the purposes of acquisition of the vehicle, provided with pledge of this vehicle;
the microcredits provided with the pledge of real estate which is completely covering the amount of the issued microcredit;
the microcredits provided with the pledge of the money which is on bank accounts, completely covering the amount of the issued microcredit;
the microcredits which amount does not exceed one minimum size of the salary established for the corresponding financial year by the Law of the Republic of Kazakhstan "About the republican budget" and in case of absence at the borrower of outstanding debt on the microcredits, bank loans.
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