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. 51

About approval of Rules of settlement by the collection agencies of debt of physical persons

1. Approve the enclosed Rules of settlement by the collection agencies of debt of physical persons.

2. The collection agencies on the debt of physical persons acquired till October 1, 2024 inform the debtor – physical person and (or) his representative on their right to file in the collection agency petition for change of conditions of obligation fulfillment on the agreement of bank loan or to the agreement on provision of the microcredit according to Item 1 of article 6-1 of the Law of the Republic of Kazakhstan "About collection activities" within twenty calendar days after day of enforcement of this resolution.

3. To provide to department of regulation of the non-bank 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.

4. 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.

5. This resolution becomes effective since October 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. 51

Rules of settlement by the collection agencies of debt of physical persons

Chapter 1. General provisions

These rules of settlement by the collection agencies of debt of physical persons (further – Rules) are developed according to subitem 3-1) of Item 1 of article 15 of the Law of the Republic of Kazakhstan "About collection activities" (further – the Law on collection activities) and determine procedure for settlement by the collection agencies of the debt of physical persons yielded by the creditor under the contract of assignment of the rights (requirements) (further – the contract of assignment).

Chapter 2. Procedure for settlement by the collection agencies of debt

1. The collection agency on the debt of physical person (further – the debtor) under the agreement of bank loan and (or) the agreement on provision of the microcredit including collected by a court decision or based on executive text of the notary (further – debt), within 30 (thirty) calendar days from the date of the conclusion of the contract of assignment informs the debtor and (or) his representative according to Item 1 of article 6-1 of the Law on collection activities on their right to address to the collection agency about change of repayment provisions of debt.

The statement for change of repayment provisions of debt (further – the statement) under the agreement of bank loan and (or) the agreement on provision of the microcredit (further – the agreement) submitted according to part three of Item 1 of article 6-1 of the Law on collection activities is subject to acceptance, registration, accounting and consideration by the collection agency.

In case of submission by the debtor of incomplete data and documents (further – documents) the collection agency requests them within 10 (ten) working days with indication of the term of the submission of documents provided by part four of this Item and the notification on leaving of the statement of the debtor without consideration in case of non-presentation of documents in the specified time.

The debtor provides required documents within 5 (five) working days following behind day of sending an inquiry the collection agency.

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