of June 1, 2010 No. 77
About approval of Rules of provision of information in credit bureaus the state bodies performing registration of the rights to real estate and transactions with it
For the purpose of enhancement of the regulatory legal acts regulating activities of credit bureaus, Board of the Agency of the Republic of Kazakhstan for regulation and supervision of the financial market and the financial organizations (further - the Agency) DECIDES:
1. Approve the enclosed Rules of provision of information in credit bureaus by the state bodies performing registration of the rights to real estate and transactions with it.
2. This resolution becomes effective after fourteen calendar days from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan.
3. To legal department (Sarsenov N. V.):
1) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;
2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan to bring it to the attention of the interested divisions of the Agency, Consolidation of legal entities "The association of financiers of Kazakhstan", First Credit Bureau LLP.
4. To service of the Chairman of the Agency (Kenzhe A. A.) take measures for publication of this resolution in mass media of the Republic of Kazakhstan.
5. To impose control over execution of this resolution on the vice-chairman of the Agency Kozhakhmetov K. B.
Ministry of Justice
Republic of Kazakhstan
Acting Minister Kustavletov D. R.
Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of June 1, 2010 No. 77
1. These rules are developed according to the Law of the Republic of Kazakhstan of July 4, 2004 "About credit bureaus and forming of credit stories in the Republic of Kazakhstan" (further - the Law) and establish procedure and conditions of provision by the state bodies performing registration of the rights to real estate and transactions with it (further - registering body), in credit bureaus of information on subjects of credit stories concerning the registered rights (encumbrances of the rights) to real estate belonging to them (further - information).
2. Registering bodies observe requirements, stipulated in Item 3 articles 19 of the Law.
3. Information is provided based on the agreement on provision of information signed between registering body and credit bureaus.
4. The agreement on provision of information contains the following conditions:
1) full name of the parties, their place stay, bank details;
2) duration of the agreement, bases and procedure for its change, termination and termination unilaterally, and also sizes of penalties for violation of agreement obligations;
3) types, amount, terms (frequency), procedure for provision of information creating credit stories, and also conditions of joint realization of organizational, technical measures and production requirements on protection of the used information systems;
4) the obligation of credit bureau about use of the provided information only according to the purposes provided by the Law;
5) the obligation of credit bureau about observance of the mode of confidentiality concerning all obtained information and its disclosure only on the bases, conditions and according to the procedure, provided by the Law;
6) the obligation of the supplier of information on observance of the mode of confidentiality concerning all information sent to credit bureau;
7) responsibility of the parties, including responsibility of the supplier of information in case of provision of unreliable information by him in credit bureau.
5. Information provided by registering bodies in credit bureau contains the following data:
1) for physical persons - surname, name, middle name (in the presence), birth date, legal address, the name and details of the identity document, registration taxpayer number or in the presence - individual identification number, data on registration of the property rights and other rights, and also encumbrance on real estate;
2) for legal entities - the name, form of business, the location, number and date of state registration as the legal entity, registration taxpayer number or in the presence - business and identification number, bank details, data on registration of the property rights and other rights, and also encumbrance on real estate.
The list of information provided by this Item can be added in coordination between credit bureau and registering body based on the agreement on provision of information signed by them if it does not contradict the requirements established by the legislation of the Republic of Kazakhstan.
6. Information is provided by registering bodies in credit bureau on the electronic medium, except as specified, if by the agreement on provision of information it is provided information on paper.
7. If misstatement of information obtained by credit bureau happened owing to technical mistakes of registering body or credit bureau, owing to other actions or failure to act of their employees, the registering body within ten working days from the date of detection of the allowed misstatement provides information which is available for the supplier of information for date of detection of misstatement in credit bureau.
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