of July 16, 2021 No. 84
About approval of Rules of consideration of changes in terms of the contract of bank loan
According to Item 1-2 of article 36 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market
1. Approve the enclosed Rules of consideration of changes in terms of the contract of bank loan.
2. 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 the Agency of the Republic of Kazakhstan on regulation and development of the financial market 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 action provided by the subitem 2) of this Item.
3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.
4. This resolution is subject to official publication and becomes effective since October 1, 2021.
The chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market
M. Abylkasymova
Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of July 16, 2021 No. 84
1. These rules of consideration of changes in terms of the contract of bank loan (further – Rules) are developed according to Item 1-2 of article 36 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), the subitem 4) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" and determine procedure for consideration by banks of the second level and the organizations performing separate types of banking activities, statements of borrowers – physical persons about modification of conditions of agreements of bank loan.
In Rules the following concepts and reducings are used:
1) bank – bank of the second level, the organization which is performing separate types of banking activities, having the license for implementation of banking loan activities;
2) debt - amount of debt on bank loan, including the amounts of remaining balance of principal debt, the added, but not paid remuneration, the commissions, penalty (penalties, penalty fee) and other payments provided by the agreement of bank loan signed with the borrower;
3) the borrower - the physical person which signed the agreement of bank loan with bank.
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