THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of April 9, 2021 No. 127

About approval of the Procedure for provision of payment deferral on loans of subjects of small and medium business

For the purpose of support of subjects of small and medium entrepreneurship, non-admission of deterioration in their financial condition and prevention of cases of emergence of overdue debt under agreements of bank loan and microcredit of PRIKAZYVAYU:

1. Approve the enclosed Procedure for provision of payment deferral on loans of subjects of small and medium business.

2. To department of methodology and prudential regulation of financial institutions to bring this order to the attention of the interested divisions of the Agency of the Republic of Kazakhstan on regulation and development of the financial market, banks of the second level, the organizations performing separate types of banking activities, the organizations performing microfinancial activities.

3. This order becomes effective from the date of its signing.

4. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market Abdrakhmanov N. A.

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of April 9, 2021, No. 127

Procedure for provision of payment deferral on loans of subjects of small and medium business

1. This Procedure for provision of payment deferral on loans of subjects of small and medium business (further - the Procedure) is developed according to the order of the President of the Republic of Kazakhstan Tokayev K. K. of April 1, 2021 on payment deferral on the credits issued to subjects of small and medium entrepreneurship in injured sectors of economy.

2. The procedure extends to the banks of the second level, the organizations performing the separate types of banking activities, the organizations performing microfinancial activities (further - credit institution).

3. Credit institutions grant payment deferral under the agreements of bank loan and (or) microcredit issued on the entrepreneurial purposes (further - delay):

1) to subjects of micro and small business, including individual entrepreneurs - when implementing by the subject of activities in economy industries according to appendix to the Procedure;

2) to subjects of medium business, including individual entrepreneurs - in case of deterioration in financial condition of the subject owing to the action of rationing quarantine arrangements confirmed by assessment of financial condition of the borrower performed by credit institution. Assessment of financial condition of the borrower provides the analysis of the actual income of the borrower and influence of the entered rationing quarantine arrangements on business activity of the borrower, including on decrease in the consumer demand on goods, works and (or) services of the borrower, on violation of supply chains of goods and (or) services, on violation of payment due dates of goods, works and (or) services.

4. The procedure extends to the bank loans and the microcredits issued by credit institutions till April 1, 2021 to subjects of micro, small and medium entrepreneurship on the entrepreneurial purposes including to individual entrepreneurs (further - borrowers).

5. The credit institution makes the decision on provision of delay based on the statement of the borrower (further - the statement) constituted in any form if the internal procedure for credit institution does not provide the standard application form, given to credit institution at any time during the period from April 1 to June 30, 2021.

The application is submitted by the borrower to credit institution by means of e-mail, the bank client online systems, Internet resource, mobile application or other means of communication.

Subjects of medium business in addition to the statement attach the documents confirming deterioration in financial condition.

6. The credit institution considers the application no more than 15 (fifteen) calendar days from the date of its obtaining.

7. The credit institution at the choice of the borrower grants delay for a period of 30 up to 90 days if other term is not specified in the statement of the borrower and the decision of credit institution.

8. The decision on refusal in provision of delay is made by credit institution in case of availability at credit institution of information on lack of deterioration in financial condition of the borrower.

9. Delay is granted without signing of supplementary agreements to agreements of bank loan and (or) microcredit and (or) agreements of subsidizing and (or) guaranteeing by establishment of the new payment schedule in the form of uniform distribution of earlier deferred payments until the end of the term of loan or increase in term of loan for delay if other payment schedule is not provided by the agreement of bank loan and (or) microcredit, or is not specified in the statement of the borrower.

Modification and (or) amendments in agreements of pledge is performed in accordance with the terms of the agreement of bank loan and (or) the microcredit and (or) the legislation of the Republic of Kazakhstan.

10. The payments paid by the borrower before provision of delay under agreements of bank loan and (or) microcredit are not subject to return.

11. Delay on the conditions specified according to the procedure is not the basis for deterioration in credit history of the borrower and provision of the negative information about the borrower in credit bureaus.

12. Credit institutions are forbidden to charge from borrowers the fees and other payments for consideration of the application and change of agreements of bank loan, microcredit and (or) pledge and other connected agreements.

13. For delay the credit institution stops claim and claim work on this borrower and the notification of the borrower on need of repayment of overdue debt.

14. The credit institution provides availability on the homepage of Internet resource and in mobile application (in the presence):

1) information on possibility of provision by credit institution of delay;

2) phone numbers for receipt of the additional information by borrowers.

Appendix

to the Procedure for provision of payment deferral on loans of subjects of small and medium business

Economy industries

See Appendix (23Kb In original language)

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