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. 55

About approval of Rules of receipt of consent of the spouse (spouse) to provision of bank loan or the microcredit to physical person, the minimum size of bank loan or the microcredit on which the physical person needs the consent of the spouse (spouse) to receipt of bank loan or the microcredit

According to Item 5-2 of article 34 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", Item 3-3 of article 3 of the Law of the Republic of Kazakhstan "About microfinancial activities", Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve:

1) Rules of receipt of consent of the spouse (spouse) to provision of bank loan or the microcredit to physical person according to appendix to this resolution;

2) the minimum size of bank loan or microcredit (except for the loans which are subject to refinancing) on which the consent of the spouse (spouse) to receipt of bank loan or the microcredit in the amount of the thousandfold monthly settlement indicator established for the corresponding financial year by the law on the republican budget is necessary.

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 becomes effective since September 1, 2024 and is subject to official publication.

Approved by 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. 55

Rules of receipt of consent of the spouse (spouse) to provision of bank loan or microcredit to physical person

1. These rules of receipt of consent of the spouse (spouse) to provision of bank loan or the microcredit to physical person (further - Rules) are developed according to Item 5-2 of article 34 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", Item 3-3 of article 3 of the Law of the Republic of Kazakhstan "About microfinancial activities" and determine procedure for receipt of the second level by banks, the organizations performing separate types of banking activities, the organizations performing microfinancial activities (further - the creditor), the consent of the spouse (spouse) of physical person to provision of the bank loan or the microcredit which is not provided with pledge of the property which is subject to registration (further - the credit), on the amount equal or over the minimum size established in the subitem 2) of Item 1 of this resolution.

2. The creditor, before provision to physical person (further - the client) the credit, checks information on availability of the registered scrap (matrimony) of the client by means of information system of authorized state body (further - IS) or obtains information containing in IS from credit bureaus.

3. The consent of the spouse (spouse) of the client to loan granting is required to the client (further - Consent) in the presence of information on the registered scrap (matrimony) of the client in IS at the time of receipt of information according to Item 2 of Rules about what the creditor notifies the client and (or) his (her) spouse (spouse) with obligatory specifying of references to articles of the laws of the Republic of Kazakhstan "On banks and banking activity in the Republic of Kazakhstan" or "On microfinancial activities".

4. Consent is drawn up in any written form on paper or electronically and contains the following compulsory provisions:

1) date of registration of Consent;

2) information about the client and his spouse: surname, name, middle name (if it is specified in the identity document) and individual identification number;

3) data on the credit: the amount, term, the remuneration rate size (in annual interests or in fixed amount), the remuneration rate size in reliable, annual, effective, comparable basis.

5. Consent which is drawn up on paper is signed by the spouse (spouse) of the client or his (her) authorized representative who is acting on the basis of the notarially certified power of attorney.

Consent provision on paper in notarially certified form, in the absence of possibility of visit of department of the creditor by the spouse (spouse) of the client is allowed.

6. Consent which is drawn up in electronic form is provided by means of the software of remote rendering services of the creditor or the web portal of "the electronic government" with ensuring biometric identification of the spouse (spouse) of the client.

Biometric identification of the spouse (spouse) of the client when using the software of remote rendering services of the creditor is performed by means of use of services of the center of exchange of identification data or on the biometric data obtained by means of the creditor's devices.

Consent which is drawn up in electronic form makes sure the spouse (spouse) of the client by means of the digital signature provided by accredited certification center of the Republic of Kazakhstan.

7. Non-realization by the spouse (spouse) of the client of the actions provided by paragraph one of Item 5 and the paragraph third Item 6 of Rules during effective period of the decision of the creditor is refusal of the spouse (spouse) in loan granting to the client.

8. Obtaining by the creditor Soglasiya is required on each credit before provision of such credit.

9. The creditor provides storage of Consent before complete execution by the client of agreement obligations of bank loan or to the agreement on provision of the microcredit.

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