THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of August 16, 2024 No. 60

About determination of other information provided by suppliers of information in credit bureaus

According to the subitem 4) Item 1 and the subitem 6) Item 1-1 of article 24 of the Law of the Republic of Kazakhstan "About credit bureaus and forming of credit stories in the Republic of Kazakhstan" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Determine the enclosed other information provided by suppliers of information in credit bureaus (further - Data).

2. To provide to department of methodology and prudential 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 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 August 20, 2024, except for item 4 of Data which becomes effective since October 1, 2024, and Item 6 of Data which becomes effective since January 1, 2025.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of August 16, 2024 No. 60

Other information provided by suppliers of information in credit bureaus

1. This other information provided by suppliers of information in credit bureaus is developed in compliance with the Law of the Republic of Kazakhstan "About credit bureaus and forming of credit stories in the Republic of Kazakhstan" (further - the Law) and determines other information provided in credit bureaus by the suppliers of information specified in subitems 1), 1-1) and 3-3) Items 1 of article 18 of the Law.

2. The banks, the organizations performing the separate types of banking activities, the organizations performing microfinancial activities (further - creditors) under the agreement of bank loan and (or) provide to the agreement on provision of the microcredit signed with physical person, not connected with implementation of business activity in credit bureaus the information about (about):

1) to date of the address of the borrower with the statement for modification of terms of the contract of bank loan and (or) the agreement on provision of the microcredit (further - the statement);

2) results of consideration by creditors of the statement, according to the procedure, the stipulated in Clause 36 Laws of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" and article 9-2 of the Law of the Republic of Kazakhstan "About microfinancial activities", with indication of one of the following decisions:

about consent with the offered changes in terms of the contract of bank loan and (or) the agreement on provision of the microcredit;

about the counter offer on change of terms of the contract of bank loan and (or) the agreement on provision of the microcredit;

about refusal in change of terms of the contract of bank loan and (or) the agreement on provision of the microcredit with indication of motivated reasons for the reasons of such refusal;

3) to response date of the creditor about results of consideration of the application;

4) about date and number of the new agreement of bank loan and (or) the agreement on representation of the microcredit, and also date and agreement number of bank loan and (or) the agreement on provision of the microcredit for which debt repayment the new agreement of bank loan and (or) the agreement on provision of the microcredit is signed.

5) to date of the last payment made under the agreement of bank loan and (or) the agreement on provision of the microcredit in the presence of overdue debt;

6) to the amount of the last payment made under the agreement of bank loan and (or) the agreement on provision of the microcredit in the presence of overdue debt;

7) taken legal effect of court resolution, executive text about debt collection under the agreement of bank loan and (or) the agreement on provision of the microcredit, the voluntary settlement or the agreement on dispute settlement (conflict) according to the procedure of mediation signed for settlement of debt on the agreement of bank loan and (or) the agreement on provision of the microcredit or for execution of the court ruling about debt collection under the agreement of bank loan and (or) the agreement on provision of the microcredit (in the presence);

8) to concession of the right (requirement) for unexecuted agreement obligations of bank loan and (or) the agreement on provision of the microcredit with indication of full name of person to which the right (requirement), business and identification number, the amount of the yielded right (requirement), date of concession of the right (requirement) is yielded;

9) other data by agreement of the parties.

The data specified in subitems 5) and 6) of this Item are provided in credit bureaus if the amount of such payment exceeds the single size of the monthly settlement indicator established by the law on the republican budget and operating on payment date.

The data specified in subitems 1), 2), 3) and 7) of this Item are not provided in credit bureaus, in case of overdue debt availability under the agreement of bank loan and (or) the agreement on provision of the microcredit more than twelve months.

3. Creditors provide in credit bureaus under the agreement of bank loan and (or) the agreement on provision of the microcredit signed with the legal entity and (or) the individual entrepreneur, data on concession of the right (requirement) for unexecuted agreement obligations of bank loan and (or) to the agreement on provision of the microcredit with indication of full name of person to which the right (requirement), business and identification number, the amount of the yielded right (requirement), date of concession of the right (requirement) is yielded.

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