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

of June 25, 2026 No. 97

About approval of Rules of functioning of platform of collective settlement of debt of borrowers - physical persons under the agreements of consumer bank loan and agreements on provision of the consumer microcredit which are not provided with pledge of property including conditions of connection of participants, the access levels, exchange and personal data protection

According to part four of Item 5 of article 15-30 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the enclosed Rules of functioning of platform of collective settlement of debt of borrowers - physical persons under the agreements of consumer bank loan and agreements on provision of the consumer microcredit which are not provided with pledge of property including conditions of connection of participants, the access levels, exchange and personal data protection.

2. And increases in financial literacy in the procedure established by the legislation of the Republic of Kazakhstan to provide to department of social projects:

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 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 January 1, 2027.

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 June 25, 2026 No. 97

Rules of functioning of platform of collective settlement of debt of borrowers - physical persons under the agreements of consumer bank loan and agreements on provision of the consumer microcredit which are not provided with pledge of property including conditions of connection of participants, the access levels, exchange and personal data protection

Chapter 1. General provisions

1. Rules of functioning of platform of collective settlement of debt of borrowers - physical persons under the agreements of consumer bank loan and agreements on provision of the consumer microcredit which are not provided with pledge of property including conditions of connection of participants, the access levels, exchange and personal data protection, determine requirements to functioning of platform of collective settlement of debt of borrowers - physical persons by the agreements of consumer bank loan and agreements on provision of the consumer microcredit which are not provided with pledge of property (further - platform), to its functionality, information exchange, exchange and personal data protection, information security, differentiation of access rights of users and storage of information.

2. Functioning of platform is performed with observance of the Digital code of the Republic of Kazakhstan (further - the Digital code), the laws of the Republic of Kazakhstan "About personal data and their protection", "About credit bureaus and forming of credit stories in the Republic of Kazakhstan", "About banks and banking activity in the Republic of Kazakhstan", "About microfinancial activities", "About collection activities", "About mediation", "About payments and payment systems", "About state regulation, control and supervision of the financial market and the financial organizations", and also other regulatory legal acts of the Republic of Kazakhstan in spheres of digitalization, cyber security and personal data protection.

3. In Rules the concepts specified in the Digital code and also the following concepts are used:

1) the magazine of audit - set of the electronic records of platform fixing actions of users, system events, the addressing data, changes of the statuses, forming, viewing, signing and unloading of documents;

2) personal account - the protected Section of platform provided to the user taking into account its role and powers;

3) platform - platform of collective settlement of debt of borrowers - physical persons under the agreements of consumer bank loan and (or) agreements on provision of the consumer microcredit which are not provided with pledge of property, functioning in case of financial ombudsman and providing by means of information system interaction of participants of collective settlement of debt, and also automation of processes of filing of applications on collective settlement of debt (further - the statement), data exchange, check of criteria of debt, forming of payment schedules, signing of documents, the notification of participants and monitoring of execution of agreements on dispute settlement (conflict) according to the procedure of mediation (further - the mediativny agreement);

4) the operator of platform - the legal entity providing functioning of platform based on the contract or agreement with financial ombudsman.

Chapter 2. Participants and users of platform and their function

4. Participants of platform are banks, branches of nonresident bank of the Republic of Kazakhstan, the microfinancial organizations, the collection agencies to which the rights (requirement) for the agreement of consumer bank loan or the consumer microcredit are yielded (further - the collection agencies), financial омбудсман, the physical persons connected to platform according to Rules.

Participants of platform, and also mediator, the operator of platform, the authorized body on regulation, control and supervision of the financial market and the financial organizations which got access to platform according to Rules act as users of platform.

5. Financial омбудсман uses platform for consideration of the applications, the organizations of interaction of participants, forming and signings of protocols, and also monitoring of procedures of collective settlement of debt within the powers.

6. The operator of platform provides operation, technical maintenance and smooth functioning of platform, protection of information processed on it, information security, confidentiality, differentiation of access rights, maintaining magazines of audit, backup and recovery of data, integration with external digital systems, forming of statistical and analytical information, and also technical support of users.

Information and data, access to which is provided to the operator of platform by means of platform, are processed by the operator of platform only in the limits necessary for ensuring functioning of platform. Use specified information and data in other purposes, and also their transfer to the third parties outside engineering procedures of functioning of platform is not allowed.

The operator of platform does not acquire the property rights or other corporeal rights to the personal data, data which are bank secrecy, the mystery of provision of the microcredit, the commercial or protected by the law other secret, placed and processed on platform.

7. Banks, branches of nonresident bank of the Republic of Kazakhstan, the microfinancial organizations (further - creditors), the collection agencies appoint authorized users for work in personal account of the creditor, the collection agency and provide timely consideration of the data which arrived through platform.

Creditors, the collection agencies provide accuracy of the data, confirmed or directed through platform, and also signing of electronic documents by the digital signature of the authorized person.

Creditors, the collection agencies during the work on platform observe requirements of the legislation of the Republic of Kazakhstan about personal data, bank secrecy, the mystery of provision of the microcredit, collection activities and other secret protected by the law.

8. The mediator uses platform for acquaintance with documents, signing of the mediativny agreements connected with the procedure of mediation within the access rights granted by the operator of platform.

9. Users of platform provide reliability of the data entered by them, safety of means of digital authentication, non-admission of transfer of logins, passwords, one-time codes, keys of the digital signature to the third parties.

Chapter 3. Requirements to functioning of platform

10. Primary registration of the user on platform is performed by means of its digital authentication with use of biometric authentication or the digital signature according to the procedure, established by the legislation of the Republic of Kazakhstan in spheres of digitalization and cyber security.

11. On platform are provided submission of the statement by the borrower on collective settlement of debt, the automated check of the borrower and his obligations, exchange of data with creditors, the collection agencies, forming of the draft of the single payment schedule, signing of electronic documents, the direction of notifications and display of the statuses of consideration of the application.

12. Maintaining magazines of audit, management of calendar of workers and the days off, storage of electronic documents, and also unloading of documents and data are performed on platform within access rights of the user.

13. The platform functions round the clock, except for the periods of carrying out scheduled, scheduled, recovery, emergency and other technical works. The operator of platform notifies users on planned technical works by placement of the message on platform and the directions of the notification not later than one working day prior to such works.

When carrying out emergency technical works the operator of platform notifies users on temporary unavailability of platform and expected terms of recovery of its working capacity. The specified notification goes if technically possible or without delay after recovery of such opportunity.

14. The user interface of platform provides adaptivity, access from computers and mobile devices, display of the status of the statement, necessary actions, terms of their making, effects of not signing or refusal of signature of documents, data on the created documents and notifications.

The user interface of platform is developed and functions taking into account requirements of availability to persons with disability, persons with violations of sight, hearing, the speech, and also other functional restrictions according to the legislation of the Republic of Kazakhstan.

15. To the user the viewing opportunity is given, including without limitation, to history of its actions, the submitted applications, the created documents, notifications and the statuses of consideration.

16. All actions, including filing of application, provision of soglasiya, passing of identification and digital authentication, receipt of data from lock of "the digital government" and credit bureaus, change of data, documents and statuses, signing of documents, the direction and receipt of notifications, are fixed on platform as digital events and are reflected in the magazine of audit.

17. Removal of data on actions of users, the created documents, the statuses of statements and mediativny agreements is not allowed if such data confirm making of actions on platform.

Chapter 4. Conditions of connection of users of platform, requirement to personal accounts and to role model of access

18. Access for users to platform is provided through personal accounts taking into account role model and the granted access rights.

After registration of the user in personal account the subsequent admission to personal account is performed by means of its digital confirmation.

19. On platform roles of the borrower, the creditor, the collection agency, financial ombudsman, mediator, and also authorized body on regulation, control and supervision of the financial market and the financial organizations with the right of viewing and forming of analytical information without intervention in the procedure of settlement of debt are provided.

20. The personal account provides to the user possibility of making of actions on platform within the provided role, including giving, viewing and consideration of the applications, the direction and receipt of data, forming, signing, loading and unloading of electronic documents, receipt of notifications, viewing of the statuses and history of actions, and also the appeal to support service.

21. Access for the user to data, statements, documents, analytical and other information on platform is provided only in the amount necessary for realization of its powers and functions within the procedure of collective settlement of debt.

22. Change of role, blocking of accounting record, the termination of active sessions of the user, and also other actions for management of access are performed by the operator of platform according to the procedure, determined by internal documents of the operator, with obligatory fixing of such actions in the magazine of audit.

23. Blocking of accounting record of the user attracts the immediate termination of all active sessions of such user.

24. The platform provides obtaining and storage in digital form of soglasiya of the borrower on processing of personal data, collection and processing of the data constituting credit history, receipt of credit reports from credit bureaus, and other digital systems, the direction of notifications, and also forming and storage of electronic documents.

25. The consent of the borrower are stored on platform with fixing of date, time, method of their provision, the version of the text of consent and user ID. The withdrawal of consent is performed according to the procedure, stipulated by the legislation the Republic of Kazakhstan, with preserving earlier created data and documents.

26. The electronic document is considered signed on platform after successful passing of verification of the digital signature and preserving the signed electronic document on platform.

27. When signing the electronic document the platform provides access of signer to contents of the document before its signing, creation of the digital signature only after explicit confirmation by the signer of action for signing, forming of the notification on creation and application of the digital signature, possibility of verification of the digital signature, and also preserving the signed electronic document.

When signing electronic documents on behalf of the legal entity or branch the platform provides check of powers of signer according to the procedure, stipulated by the legislation the Republic of Kazakhstan.

Chapter 5. Personal data protection and information security of platform

28. Processing of personal data and other information protected by the law on platform is performed only for the purpose of functioning of platform, collective settlement of debt, identification of users, check of compliance to the established criteria, forming of documents, the notification of participants and monitoring of execution of mediativny agreements.

29. On platform are processed only this, necessary and sufficient for goal achievement, provided by Rules. Access to such data is provided to users only in the amount necessary for execution of their functions.

30. The operator of platform provides obtaining, storage and accounting of soglasiya of subjects of personal data, stipulated by the legislation the Republic of Kazakhstan, and also fixing of the facts of provision and withdrawal of consent, access to data and the actions made with them.

31. Transfer of personal data, the data containing bank secrecy, the mystery of provision of the microcredit, collection activities, credit history, data from other information protected by the law to the third parties is allowed with the consent of the subject of personal data.

32. The operator of platform provides personal data protection and information security of platform, including differentiation of access rights, the protected data transmission, multifactorial authentication of users with expanded access rights, protection against unauthorized access, the automated attacks, matching of passwords, harmful files and other threats of information security.

33. The platform provides journalizing of actions of users, system events, transactions with personal data, accounting records, electronic documents, statements, payment schedules, mediativny agreements and events of information security. Magazines of audit are protected from change, removal and unauthorized access.

34. The storage duration of personal data is determined by date of goal achievement of their collection and processing.

The storage duration of magazines of audit is determined by internal documents of the operator of platform.

After storage durations such supplied and the information is liable to destruction, depersonalization or archiving in accordance with the established procedure.

35. In case of identification of incident of information security the operator of platform takes measures for its localization, elimination of effects, maintenance of platform, documentation of incident, the notification of participants of platform, authorized body in the field of ensuring cyber security and personal data protection and authorized body on regulation, control and supervision of the financial market and the financial organizations.

Chapter 6. Requirements to integration with external digital systems

36. The platform provides information exchange with credit bureaus, services of identification, the digital signature, notifications, the payment services and other digital systems necessary for functioning of platform.

37. Integration of platform with digital objects of "the digital government" is performed by means of lock of "the digital government" according to the procedure, stipulated in Item 4 articles 83 of the Digital code.

In the presence of necessary digital data in national registries, the platform provides their obtaining without reclamation from the borrower of the documents containing such data.

38. In case of data exchange with external digital systems the platform provides secure channels of communication, fixing of date, time, structure and result of request, processing of mistakes, non-admission of excessive data acquisition, and also safety of earlier created data, documents, the statuses and magazines of audit in case of failures of external digital systems.

Chapter 7. Requirements to functionality of platform

39. The automated check of the borrower and his obligations on platform is performed based on the data received from credit bureaus, the state digital systems stipulated by the legislation the Republic of Kazakhstan, in the amount necessary for determination of compliance of the borrower and its obligations for the conditions of application of the procedure of collective settlement of debt established by the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of April 28, 2026 No. 83 "About approval of Rules of consideration of changes in terms of the contract of bank loan and the agreement on provision of the microcredit, the list of the documents enclosed to the application of the borrower - the physical person about modification of terms of the contract of bank loan and the agreement on provision of the microcredit, and also procedure for informing by bank and the organization performing microfinancial activities authorized body about results of consideration of the applications of borrowers - physical persons about modification of terms of the contract of bank loan and the agreement on provision of the microcredit" (it is registered in the Register of state registration of regulatory legal acts at No. 38583).

In case of application of the automated check the platform provides to the borrower display of information on the fact of its carrying out, sources of the received data, the key criteria which affected result of check, and also possibility of the direction of the address about review of result of check with participation of financial ombudsman in cases when the result of check influences possibility of application of the procedure of collective settlement of debt.

40. The platform provides:

1) the direction of data on obligations of the borrower to creditors, the collection agency for confirmation, refining or variation, forming based on the confirmed data of drafts of solutions of financial ombudsman on change of conditions of obligation fulfillment (collective settlement of overdue debt) on the credits, mediativny agreements, payment schedules, and also recalculation of the payment schedule in case of change of the data influencing its calculation with fixing of the corresponding actions in the magazine of audit;

2) acquaintance of the borrower with the draft of the payment schedule and electronic documents before their signing, signing of electronic documents by participants of platform within their powers, display of the statuses of the statement, mediativny agreements and payment schedules, and also the direction of notifications to users;

3) possibility of introduction by the borrower of payments on account of execution of the payment schedule through platform with the corresponding functionality, and also different ways, stipulated by the legislation the Republic of Kazakhstan, distribution of payments between creditors, the collection agencies according to the payment schedule, at the same time data on made payments and their distribution are displayed in personal account of the borrower.

41. Monitoring of execution of the mediativny agreement includes accounting of terms and the arrived payments if such function is realized, determination of the fact of delay, the direction of reminders and display of current status of execution of the payment schedule.

Chapter 8. Requirements to electronic documents and storage of information

42. On platform the electronic documents necessary for holding procedure of collective settlement of debt, including the statement of the borrower, consent, the draft of the single payment schedule, the decision of creditors, the collection agencies, mediativny agreements, protocols, notifications and other documents provided by functionality of platform are created and stored.

43. Change of the signed electronic document is allowed by forming of the new version. The platform provides storage of all versions of electronic documents, check of their integrity, confirmation of the fact of signing and provision of access to them only to the users having the appropriate rights of access.

44. Storage of electronic documents, their versions is performed in the terms determined by the legislation of the Republic of Kazakhstan.

Chapter 9. Technical stability and continuity of functioning of platform

45. The operator of platform provides technical stability, monitoring of availability of platform, backup of data and maintenance after failures.

46. The operator of platform provides availability of the plan of continuity of functioning of platform and the recovery after failures including procedure for backup, recovery of data, actions in case of refusal of external services, notifications of users and documentation of emergencies.

47. The platform excludes loss of data in case of technical failures, including data on statements, signed documents, soglasiya, the statuses, notifications and actions of users.

Chapter 10. Control, monitoring and reporting

48. The operator of platform provides forming and storage of reporting and analytical information on functioning of platform, including the information about users, statements, the statuses, terms of passing of stages, signed documents, technical failures, incidents of information security, addresses of users and other indicators of work of platform.

49. The authorized body on regulation, control and supervision of the financial market and the financial organizations gets access to analytical and reporting information within the powers established by the legislation of the Republic of Kazakhstan.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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