of May 6, 2017 No. 62-VI ZRK
About collection activities
This Law governs the public relations connected with implementation of collection activities, establishes features of creation, activities of the collection agencies, and also determines features of state regulation of the collection agencies, control of their activities.
In this Law the following basic concepts are used:
1) debt on the agreement of bank loan or the agreement on provision of the microcredit (further - debt) - obligations of the debtor to the creditor on payment of principal debt, remuneration, the commissions, penalties (penalty, penalty fee) under the agreement of bank loan or the agreement on provision of the microcredit;
2) the debtor - the physical person or legal entity which allowed non-execution or improper execution of agreement obligations of bank loan or to the agreement on provision of the microcredit;
3) accounting registration - inclusion of the legal entity having intention to perform collection activities, in the register of the collection agencies;
4) the collection agency - the legal entity, being the commercial organization, included in the register of the collection agencies;
5) the register of the collection agencies - the single list of the collection agencies of authorized body in the sphere of collection activities;
7) authorized body in the sphere of collection activities (further - authorized body) - state body on regulation, control and supervision of the financial market and the financial organizations;
8) the creditor - bank of the second level, branch of nonresident bank of the Republic of Kazakhstan, the organization performing separate types of banking activities, or the organization which is performing microfinancial activities, having right to claim against the debtor on debt;
9) service company - the affiliated organization of bank acquiring the doubtful and bad assets of parent bank, the collection agency having within the trust management agreement rights (requirements) for agreements of bank loan and (or) to agreements on provision of the microcredit (further - the trust management agreement) concluded with person specified in part one of item 4 of article 36-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" and (or) parts one of Item 5 of article 9-1 of the Law of the Republic of Kazakhstan "About microfinancial activities", powers on trust management of the rights (requirements) for agreements of bank loan and (or) agreements on provision of the microcredit, including on change of terms of the contract of bank loan and (or) the agreement on provision of the microcredit, on representation of interests of person with which the trust management agreement, in court is signed on acceptance from the debtor of money and (or) other property and other powers provided by this Law, other laws of the Republic of Kazakhstan and the trust management agreement.
1. The legislation of the Republic of Kazakhstan on collection activities is based on the Constitution of the Republic of Kazakhstan, consists of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. Operation of the laws of the Republic of Kazakhstan "About economic partnerships" and "About partnerships with the limited and accessorial liability" extends to the collection agencies in the part which is not settled by this Law.
3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
1. The collection agency is created in form of business of economic partnership.
The name of the collection agency shall not contain the word "national" or "republican", or "central" in the complete or reduced type in any language.
The legal entity who is not included in the register of the collection agencies, having no right to perform collection activities, to characterize itself as engaged in collection activities, and also to use in the name the words "collection agency", words, derivative of them, assuming that it performs collection activities.
2-1. The collection agency shall not be affiliated to other collection agency according to article 12-1 of the Law of the Republic of Kazakhstan "About partnerships with the limited and accessorial liability".
3. Any person independently or together with another (others) person (persons) cannot (can not) own and use directly or indirectly, and (or) to dispose of ten or more percent of shares in the authorized capital of the collection agency or to have control if it:
1) did not open information on itself and physical persons who directly or indirectly own and (or) use, and (or) dispose of more than twenty five percent of shares in the authorized capital or placed (less exclusive and redeemed by society) shares of person specified in paragraph one of this Item, and it is equal about the physical persons exercising control over the specified person, to authorized body;
2) is the physical person having the outstanding or not removed criminal record;
3) is legal entity, the founder (the shareholder, the participant) or the leading employee of which was the first head or the founder (participant) of the collection agency during the period no more than in one year prior to adoption by authorized body of the decision on exception of the register of the collection agencies of this collection agency on the bases provided in subitems 1), 2), 3), 4), 5), 6) and 7) of part one of Item 1 of article 9 of this Law earlier;
4) has registration, the residence or the location in offshore zones which list is established by authorized body.
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