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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 26, 2009 No. 492

About credit stories

(as amended of the Law of the Republic of Tajikistan of 02.01.2018 No. 1501)

This Law determines concept, procedure and the legal basis of the organization, storage and disclosure of credit stories, establishes features of forming, reorganization and liquidation of Bureau of credit histories, the principles of coordination of activities of participants of system of forming of credit stories and governs the relations arising in this sphere.

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is creation of favorable legal conditions for the organization, processings, storages and disclosures of credit stories on ensuring security and efficiency of activities of participants of system of forming of credit stories.

Article 2. Basic concepts

In this Law the following basic concepts are used:

- credit history - the positive or negative information about execution by the subject of credit stories of assumed agreement obligations, containing in Bureau of credit histories;

- information - the information about the subject of credit history on electronic and the papers provided by participants of system of forming of credit stories and their uses which, if necessary, make sure the digital signature;

- positive information - information including proper execution by the subject of credit stories of agreement obligations containing credit risks;

- the negative information - information including non-execution by the subject of credit stories of contractual commitments under the agreements containing credit risks;

- Bureau of credit histories - legal entities, being the commercial organization, the rendering service in the organization, processing, storage of credit stories, provision of credit reports and other information according to procedure, established by this Law.

- the agreement on provision of information or receipt of credit reports - the agreement signed by Bureau of credit histories with the supplier of information and the user of credit reports on the conditions and according to the procedure provided by this Law;

- suppliers of information - the physical persons and legal entities providing on the agreement basis information in Bureau of credit histories;

- activities of the supplier of information in forming and protection of the database of credit stories - activities of the supplier of information on processing, storage and transfer to Bureau of credit histories of the data received from subjects of credit stories;

- credit risk - risk of failure to carry out of contractual commitments of one of the parties;

- the subject of credit history - physical person and legal entity concerning which credit history is constituted;

- forming of credit stories - action or set of the actions performed by Bureau of credit histories concerning information obtained by it from sources of forming of credit history on its storage, monitoring, refining and updating;

- participants of system of forming of credit stories and their use - subjects of credit history, suppliers of information of Bureau of credit histories and users of credit reports;

- the agreement of the credit - the credit agreement and other contracts which are signed with the purpose of provision of commodity or commercial credit;

- users of credit history - the physical persons and legal entities which received the consent of the subject of credit history to receipt of the credit report for the purpose of the conclusion of the credit agreement;

- the consent of the subject of credit history - the written consent of the subject of credit history to issue of the credit report on it to the user of credit history;

- the credit report - the document which is the part of credit history provided to Bureau of credit histories to users of credit stories;

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