On approval of the Rules for the passage of accounting registration and maintenance of the register of collection agencies

Updated Unofficial translation

Resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market No. 49 dated March 30, 2020. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 1, 2020 No. 20269.

      Unofficial translation

      In accordance with the laws of the Republic of Kazakhstan dated July 4, 2003 “On state regulation, control and supervision of the financial market and financial organizations", Dated April 15, 2013"About public services", Dated May 16, 2014"About permissions and notifications", Dated May 06, 2017"Collection activity"The Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market DECIDES:

      1. Approve the attached rules passing registration registration and maintaining the register of collection agencies.

      2. Declare invalid decree Of the Board of the National Bank of the Republic of Kazakhstan dated December 31, 2019 No. 274 "On approval of the Rules for registration and maintenance of the register of collection agencies" (registered in the Register of state registration of regulatory legal acts under No. 19851, published on January 10, 2020 in the Reference Control Bank of regulatory legal acts Republic of Kazakhstan).

      3. The Department of Methodology and Regulation of Financial Organizations, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:

      1) together with the Legal Department, state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;

      2) posting this resolution on the official Internet resource of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market after its official publication;

      3) within ten working days after the state registration of this resolution, the submission to the Legal Department of information on the implementation of the measures provided for in subparagraph 2) of this paragraph and paragraph 4 of this resolution.

      4. The Department of International Relations and External Communications shall ensure, within ten calendar days after the state registration of this resolution, the sending of a copy of it for official publication in periodicals.

      5. Control over the implementation of this resolution shall be entrusted to the supervising Deputy Chairman of the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market.

      6. This resolution shall be enforced upon the expiration of twenty one calendar days after the day of its first official publication.

      Agency Chairman
Republic of Kazakhstan
on regulation and
financial market development
M. Abylkassymova

      "AGREED"
Ministry
national economy
Republic of Kazakhstan

      "AGREED"
Ministry
digital development, innovation and
aerospace
Republic of Kazakhstan

  Approved
by the Board
Agencies of the Republic of Kazakhstan
on regulation and development
financial market
dated March 30, 2020 No. 49

Rules
for registering and maintaining the register of collection agencies
Chapter 1. General Provisions

      1. The rules for registration and maintenance of the register of debt collection agencies (hereinafter referred to as the Rules) have been developed in accordance with the Laws of the Republic of Kazakhstan dated July 4, 2003 "On state regulation, control and supervision of the financial market and financial organizations", dated April 15, 2013 "On public services", dated May 16, 2014 "On permits and notifications", dated May 6, 2017 "On debt collection activities" (hereinafter referred to as the Law) and determine the procedure for registration and maintenance of the register of debt collection agencies.

      Information about the changes and (or) additions to the Rules is posted on the official Internet resource of the authorized body, sent to the operator of the information and communication infrastructure of the "electronic government" and the Unified Contact Center within 3 (three) working days after the state registration in the judicial authorities of the relevant regulatory legal act.

      Footnote. Paragraph 1 - as amended by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 64 (shall be enforced sixty calendar days after the date of its first official publication).

      2. A legal entity intending to carry out collection activities is subject to record registration.

      3. Accounting registration of a legal entity intending to carry out collection activities is carried out in accordance with article 7 Law and Regulations.

Chapter 2. Procedure for passing registration registration

      4. For registration, a legal entity intending to carry out debt collection activities (hereinafter referred to as the service recipient) submits to the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the authorized body, the service provider):

      1) an application, taking into account information about the founders (participants), about senior employees as of the date preceding the date of submission of the application, as well as an information provision contract concluded with a credit bureau with state participation in accordance with the Law of the Republic of Kazakhstan "On credit bureaus and formation of credit records in the Republic of Kazakhstan" in the form, according to Appendix 1 to the Rules;

      2) information about employees who will interact with debtors and (or) their representatives, and (or) third parties bound by obligations with the creditor under a bank loan contract or a micro-loan agreement in accordance with Appendix 2 to the Rules;

      3) information about branches and (or) representative offices in the form according to Appendix 3 to the Rules.

      The application with the attachment of the documents provided for in subparagraphs 2) and 3) of part one of this paragraph is certified by an electronic digital signature (hereinafter referred to as the EDS) of the person authorized to submit the application and is sent through the web portal of "electronic government" (hereinafter referred to as the portal).

      The list of basic requirements for the provision of public services is given in Appendix 4 to the Rules.

      The total period for the provision of public service is not more than 10 (ten) working days from the date of submission of the full package of documents.

      The service provider receives information about identity documents, state registration (re-registration) of a legal entity from the relevant state information systems through the gateway of the "electronic government".

      Footnote. Paragraph 4 - as amended by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 64 (shall be enforced sixty calendar days after the date of its first official publication).

      5. An employee of the service provider authorized to receive and register correspondence, on the day of receipt of the application, accepts, registers and sends it for execution to the structural unit of the service provider responsible for the provision of public services (hereinafter referred to as the responsible unit).

      If the service recipient applies after the end of working hours, on weekends and holidays, according to Labor Code Of the Republic of Kazakhstan dated November 23, 2015, the application is accepted on the next business day.

      6. An employee of the responsible department checks the completeness of the submitted documents within 2 (two) working days from the date of receipt and registration of the application.

      If the fact of incompleteness of the submitted documents and (or) expired documents is established, the employee of the responsible department sends a reasoned refusal to further consider the application to the service recipient within the specified period.

      When the service recipient applies with an application, the status of acceptance of the application for the provision of public service is displayed on the portal in the personal account of the service recipient.

      Upon establishing the fact of completeness of the submitted documents, the employee of the responsible department shall review the submitted documents within 8 (eight) working days.

      If a decision is made to include the service recipient in the register of debt collection agencies, the employee of the responsible department within the specified period prepares a draft notification on the inclusion of the service recipient in the register of debt collection agencies indicating the registration number, signs the result of the provision of public service at the head of the responsible department and sends the result of the provision of public service to the service recipient.

      If the grounds for refusal of registration of the debt collection agency are identified, the authorized body notifies the service recipient of the preliminary decision to refuse registration, as well as the time and place (method) of the hearing to provide the service recipient with the opportunity to express his position on the preliminary decision.

      The notification of the hearing shall be sent at least 3 (three) working days before the end of the term for the provision of public service. The hearing is held no later than 2 (two) working days from the date of notification.

      Based on the results of the hearing, the authorized body decides to refuse registration or to enter the service recipient in the register of debt collection agencies.

      In the event of a decision to refuse registration, the employee of the responsible department prepares a draft reasoned response on the reasons for the refusal of registration, signs the result of the provision of public service at the head of the responsible department and sends the result of the provision of public service to the service recipient.

      The result of the provision of the public service is sent to the service recipient within no more than 10 (ten) working days from the date of submission of the full package of documents through the portal in the form of an electronic document certified by the EDS of the authorized person of the service provider.

      Footnote. Paragraph 6 - as amended by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 64 (shall be enforced sixty calendar days after the date of its first official publication).

      7. Refusal to provide public services is made on the grounds established in paragraph 1 article 8 of the Law.

      In case of refusal to provide a public service, the service recipient takes the measures provided for paragraph 2 article 8 of the Law.

      8. Information about the stage of provision of public services is updated automatically (when the service recipient applies in electronic form) in the information system for monitoring the provision of public services in accordance with the procedure established by order Acting Minister of Transport and Communications of the Republic of Kazakhstan dated June 14, 2013 No. 452 "On approval of the Rules for entering data into the information system for monitoring the provision of public services on the stage of rendering public services" (registered with the Ministry of Justice of the Republic of Kazakhstan on July 3, 2013 No. 8555).

Chapter 3.
The procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services

      9. Consideration of a complaint concerning the provision of public services is carried out by the head of the authorized body, the authorized body for the assessment and control of the quality of public services (hereinafter referred to as the body considering the complaint).

      The complaint is submitted to the authorized body, the official whose decision, action (inaction) is being appealed.

      The authorized body, the official whose decision, action (inaction) is being appealed, no later than 3 (three) working days from the date of receipt of the complaint, sends it to the body considering the complaint.

      The authorized body, the official whose decision, action (inaction) is being appealed, does not send a complaint to the body considering the complaint if it makes a favorable decision within 3 (three) working days that fully satisfies the requirement specified in the complaint.

      The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within 5 (five) working days from the date of its registration.

      The complaint of the service recipient received by the body considering the complaint is subject to consideration within 15 (fifteen) working days from the date of its registration.

      Unless otherwise provided by Law, an appeal to the court is allowed after a pre-trial appeal.

      Footnote. Paragraph 9 - as amended by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 04.03.2022 No. 19 (shall be enforced sixty calendar days after the date of its first official publication).

      10. In cases of disagreement with the results of the decision of the service provider, the service recipient can appeal the results in court.

Chapter 4. Procedure for maintaining the register of collection agencies

      11. The authorized body maintains the register of collection agencies (hereinafter referred to as the register) in the form in accordance with annex 5 to the Rules.

      The register is posted on the Internet resource of the authorized body.

      12. The authorized body shall enter information into the register in cases of changes in the location or the name of the collection agency, presented in accordance with subparagraph 2) paragraph 1 of Article 15 of the Law.

      13. The authorized body excludes the collection agency from the register on the grounds established in paragraph 1 article 9 of the Law.

      14. The authorized body, within 7 (seven) calendar days from the date of exclusion of the collection agency from the register, sends a written notification to the address specified in the application or in a written notification about the change in the location of the collection agency.

      15. In case of changes in the information about the founders (participants) and (or) senior employees of the debt collection agency, the debt collection agency notifies the authorized body in writing within 15 (fifteen) working days from the date of such changes according to paragraphs 2, 3 and 5 of Appendix 1 to the Rules, information about employees who will interact with debtors and (or) their representatives, and (or) third parties bound by obligations with the lender under a bank loan contract or a micro-loan agreement, as well as branches and (or) representative offices, according to the forms according to Appendices 2 and 3 to the Rules.

      In case of a change in the location or name and (or) telephone numbers of the debt collection agency for contacts with debtors, the debt collection agency notifies the authorized body in writing no later than 3 (three) calendar days from the date of such changes, according to subparagraph 2) of paragraph 1 and paragraph 6 of Appendix 1 to the Rules.

      Footnote. Paragraph 19 - as amended by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 04.03.2022 No. 19 (shall be enforced sixty calendar days after the date of its first official publication).

  Attachment 1
to the Rules of passage
accounting registration
and keeping a register
collection agencies
 
  form

      ____________________________________________________________________
(name of the authorized body)
from __________________________________________________________________
(full name of the applicant)

Application

      Footnote. Appendix 1 - as amended by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 04.03.2022 No. 19 (shall be enforced sixty calendar days after the date of its first official publication).

      I ask you to register as a debt collection agency.

      1. Information about the applicant:

      1) business identification number _________________________________;

      2) location and actual address of the applicant _____________________

      (index, city,

      ____________________________________________________________________

      (district, region, street, house number, office,

      ____________________________________________________________________.

      phone, fax, e-mail address, internet resource)

      2. Information about the founder (participant) of the applicant - legal entity

      1) the founder (participant) of the applicant ____________________________________

      ( full name)

      ___________________________________________________________________;

      2) location _________________________________________________

      (postal code, address, phone and fax numbers,

      ___________________________________________________________________;

      email address, if available)

      3) business identification number __________________________________;

      4) information on state registration (re-registration) _____________

      ___________________________________________________________________;

      (name of the document, number and date of issue, issued by whom)

      5) residency _____________________________________________________;

      6) main activity _________________________________________;

      7) the share of participation in the authorized capital of the applicant ___________________________

      ___________________________________________________________________;

      8) information on the participation of the founder (participant) of the applicant in the creation

      and activities of other legal entities as a founder (participant), shareholder, with the indication

      of full names and locations of legal entities

      ____________________________________________________________________

      ____________________________________________________________________;

      9) information about industrial, banking, financial groups, holdings, concerns, associations,

      consortia in which the founder (participant) of the applicant participates, indicating

      the full names, locations of organizations

      ____________________________________________________________________

      ____________________________________________________________________;

      10) information on whether the founder (shareholder, participant) or the managing

      employee of the founder (participant) was previously the first head or co-founder (participant)

      of the debt collection agency in the period not more than one year before the decision

      of the authorized body to exclude this debt collection agency from the register

      on the grounds provided for in subparagraphs 1), 2), 3), 4), 5), 6) and 7) of part one

      of paragraph 1 of Article 9 of the Law of the Republic of Kazakhstan "On debt collection activities"

      ____________________________________________________________________;

      11) information about the head of the founder (participant) of the applicant

      ____________________________________________________________________.

      (surname, first name, patronymic (if any)

      3. Information about the founder (participant) of the applicant - individual

      1) the founder (participant) of the applicant _____________________________________

      (last name, first name, patronymic,

      ____________________________________________________________________;

      if available)

      2) date of birth _____________________________________________________;

      3) citizenship _______________________________________________________;

      4) data of the identity document _________________________

      ____________________________________________________________________;

      (document name, number, series and date of issue, issued by whom)

      5) individual identification number ___________________________;

      6) place of residence ___________________________________________________

      (postal code, address,

      ____________________________________________________________________;

      phone number, e-mail address, if available)

      7) place of work (with address), position __________________________

      __________________________________________________________________;

      8) information on the participation of the founder (participant) of the applicant in the creation

      and activities of other legal entities as a founder (participant), shareholder, with the indication

      of full names and locations of legal entities

      ____________________________________________________________________

      __________________________________________________________________;

      9) information on the presence of an outstanding or unexpunged conviction

      __________________________________________________________________.

      4. Information about persons who independently or jointly with another (other) person (s) directly or indirectly own and (or) use and (or) dispose ten or more percent of the participation shares in the authorized capital of the debt collection agency or have control (hereinafter referred to as the participant (owner).

Table 1. Information about the participant (owner)

Business identification number (for a legal entity), individual identification number (for an individual) or other identification number (for non-residents of the Republic of Kazakhstan)

Residency

Name

Information about the presence of an outstanding or unexpunged conviction (for an individual) (yes (no), a brief description of the offense, crime, details of the sentence on bringing to criminal responsibility with indication of the grounds for bringing to responsibility)

Information about the founder (shareholder, participant) or a senior employee who was previously the first head or founder (participant) of a debt collection agency for a period not more than one year before the decision of the authorized body to exclude this debt collection agency from the register on the grounds provided for in subparagraphs 1), 2), 3), 4), 5), 6) and 7) of part one of paragraph 1 of Article 9 of the Law of the Republic of Kazakhstan "On debt collection activities"

Description of the type of activity

1

2

3

4

5

6

7








      Continuation of the table:

The ratio of the participation shares owned by the participant (owner) to the total

Individually

direct

indirect

Share of participation in the authorized capital of the debt collection agency (as a percentage)

Share of participation in the authorized capital of the debt collection agency (in tenge)

Share of participation in the authorized capital of the debt collection agency (as a percentage)

Share of participation in the organization through which the participant (owner) owns shares in the authorized capital of the debt collection agency (as a percentage)

Number of shares owned (units) (participation interest) (in tenge)

Name of the organization through which indirect ownership is carried out

8

9

10

11

12

13







      Continuation of the table:

number of shares in the authorized capital of the debt collection agency

Jointly

direct

indirect

Share of participation in the authorized capital of the debt collection agency (as a percentage)

Share of participation in the authorized capital of the debt collection agency (in tenge)

Share of participation in the authorized capital of the debt collection agency (as a percentage)

Share of participation in the organization through which the participant (owner) owns shares in the authorized capital of the debt collection agency (as a percentage)

Number of shares owned (units) (participation interest) (in tenge)

Name of the organization through which indirect ownership is carried out

14

15

16

17

18

19







      Note:

      For legal entities, Table 1 reflects information about persons who directly or indirectly own and (or) use and (or) dispose the shares or participation shares in the authorized capital of the participant (owner) up to information about individuals who own more than twenty-five percent of the participation shares in the authorized capital or placed shares (minus preferred and purchased by the company) of the participant (owner)

Table 2. List of persons exercising control over the debt collection agency

Business identification number (for a legal entity), individual identification number (for an individual) or other identification number (for non-residents of the Republic of Kazakhstan)

Name of the legal entity or the surname, first name, patronymic (if any) of an individual, (information about the presence of an outstanding or unexpunged conviction)

Grounds for control

Information about organizations in which the person exercising control over the debt collection agency owns more than 20 (twenty) percent of voting shares (participation shares in the authorized capital)





Name of the organization

Share ownership (in the authorized capital)

1

2

3

4

5

6







      Note:

      Column 3 indicates the presence of an outstanding or unexpunged conviction or information about whether criminal prosecution is being or has been prosecuted (with the exception of persons whose criminal prosecution was terminated on the basis of sub-paragraphs 1) and 2) of part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses against the person, family and minors, constitutional and other human and civil rights and freedoms, the foundations of the constitutional system and the security of the state, property, public security and public order, the health of the population and morality, peace and security of mankind, the interests of service in commercial and other organizations, the interests of public service and public administration, justice and the order of execution of punishments, the order of management, in the fields of economic activity, informatization and communications, as well as military criminal offenses.

      Column 3 indicates the presence of an outstanding or unexpunged conviction or information about whether criminal prosecution is being or has been prosecuted (with the exception of persons whose criminal prosecution was terminated on the basis of sub-paragraphs 1) and 2) of part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses against the person, family and minors, constitutional and other human and civil rights and freedoms, the foundations of the constitutional system and the security of the state, property, public security and public order, the health of the population and morality, peace and security of mankind, the interests of service in commercial and other organizations, the interests of public service and public administration, justice and the order of execution of punishments, the order of management, in the fields of economic activity, informatization and communications, as well as military criminal offenses.

      If yes, specify the date and number of the sentence on criminal prosecution, article of the Criminal Code of the Republic of Kazakhstan.

      5. Information about the applicant's supervisor _____________________________

      _______________________________________________________________________

      (the position of the applicant's senior employee and the name of the applicant are indicated)

      1) general information:

Last name, first name, patronymic (if any)

______________________________________________
______________________________________________
(in full accordance with the identity document,
in case of a change in the surname, first name, patronymic - indicate
when and for what reason they were changed)

Date and place of birth

______________________________________________

Permanent place of residence, phone numbers

______________________________________________
______________________________________________
(specify a detailed address, office, home,
contact phone numbers, including the code of the locality)

Citizenship

______________________________________________

Full details of the identity document

______________________________________________
______________________________________________
______________________________________________

      2) education :

Name of the educational institution

Year of admission - year of graduation

Specialty

Details of the diploma of education (date and number if available)

1

2

3

4

5






      3) information about the participation of a senior employee in the authorized capital of legal entities:

The name and location of the legal entity

The statutory activities of the legal entity

The share of the senior employee in the authorized capital of the legal entity, the number of shares and the percentage of shares owned by the senior employee to the total number of voting shares of the legal entity

1

2

3

4





      4) Information about employment:

      This paragraph specifies information about the entire work activity of a senior employee (also membership in a management body), including from the moment of graduation from a higher educational institution, indicating the position in organizations in the sections of financial, insurance, education, public administration and defense, compulsory social security, in the field of law and accounting, and also, the activities of payment collection agencies and credit bureaus, as well as the period during which the candidate did not work.

Period of work (date, month, year)

Place of work (indicating the country of registration of the organization in the sections of finance, insurance, activities, education, public administration and defense, compulsory social security, in the field of law and accounting, as well as the activities of payment collection agencies and credit bureaus.

Position (indicating the date of approval, if required)

Existence of disciplinary penalties

Reasons for dismissal, dismissal from office

1

2

3

4

5

6







      5) information on the performance by virtue of their official powers of state control functions in the form of inspections of the activities of this debt collection agency or related to the activities of this debt collection agency in accordance with its competence:

Period (date, month, year)

Name of the public service body

Official powers of control in the form of inspections of the activities of this debt collection agency or related to the activities of this debt collection agency in accordance with its competence

Reasons (dismissal, dismissal from office)

1

2

3

4

5






      6) information on the existence of an outstanding or unexpunged conviction or information about whether criminal prosecution is being or has been prosecuted (with the exception of persons whose criminal prosecution was terminated on the basis of sub-paragraphs 1) and 2) of part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses against the person, family and minors, constitutional and other rights and the freedoms of man and citizen, the foundations of the constitutional system and the security of the state, property, public security and public order, the health of the population and morality, peace and security of mankind, the interests of the service in commercial and other organizations, the interests of the civil service and public administration, justice and the order of execution of punishments, the order of management, in the fields of economic activity, informatization and communications, as well as military criminal offenses

      ______________________________________________________ (yes (no), short description of

      ______________________________________________________________________________

      offenses, crimes, details of the sentence on

      ______________________________________________________________________________

      bringing to criminal responsibility, with the indication of

      ______________________________________________________________________________;

      grounds for bringing to responsibility)

      7) information about whether a senior employee was previously a senior employee or a person who owns ten or more percentages of participation in the authorized capital of a debt collection agency, for a period of no more than one year before the decision of the authorized body to exclude this debt collection agency from the register on the grounds provided for in sub-paragraphs 1), 2), 3), 4), 5), 6) and 7) of part one of paragraph 1 of Article 9 of the Law of the Republic of Kazakhstan "On debt collection activities"

      _____________________________________________________________________ (yes (no),

      name of the organization, position, period of work)

      8) information about whether a senior employee was previously a person in respect of whom a court decision entered into force on the application of criminal punishment in the form of deprivation of the right to hold the position of a senior employee of a financial organization, banking and (or) insurance holding and to be a major participant (major shareholder) of a financial organization for life

      ______________________________________________________________________ (yes (no),

      details of the sentence on on bringing to criminal responsibility

      ______________________________________________________________________________;

      with an indication of the grounds for bringing to responsibility)

      9) information about whether a senior employee was previously a head, a member of a management body, a head, a member of an executive body, a chief accountant of a financial organization, a major participant - an individual, the head of a major participant, a bank and (or) insurance holding company - a legal entity of a financial organization in the period not more than one year prior to the adoption by the authorized body of a decision on the conservation of a financial organization or the forced repurchase of its shares, revocation of the license of a financial organization, which led to its liquidation and (or) termination of activities in the financial market, or the entry into force of a court decision on the forced liquidation of a financial organization or recognition of its bankruptcy in accordance with the procedure established by the Law of the Republic of Kazakhstan "On rehabilitation and bankruptcy"

      _______________________________________________________________________ (yes (no))

      _______________________________________________________________________;

      name of the organization, position, period of work)

      10) information about whether a senior employee was previously a head, a member of the management body, a head, a member of the executive body, a chief accountant of a financial organization, a major participant (major shareholder) - an individual, a head, a member of the management body, a head, a member of the executive body, a chief accountant of a major participant (major shareholder) – an issuing legal entity that has defaulted on the payment of coupon interest on issued equity securities for four or more consecutive periods, or the amount of debt owed on the payment of coupon interest on issued equity securities for which the default was made is four times and (or) more than the amount of coupon interest, or the amount of default on the payment of the principal debt on the issued securities is ten thousand times higher than the monthly calculation index established by the law on the republican budget on the date of payment


      _______________________ (yes (no))

      ______________________________________________________________________________;

      name of the organization, position, period of work)

      11) wheather a senior employee is registered in a neuropsychiatric, tuberculosis, narcological dispensaries

      ______________________________________________________________________________

      (yes (no) date of registration _________________________________________________________

      the name of the organization in which the registration was carried out)

      ______________________________________________________________________________;


      12) information that a senior employee was previously dismissed from public service or from special and law enforcement agencies for negative reasons

      ______________________________________________________________________________;

      (yes (no) date of dismissal)

      13) information that a senior employee was previously dismissed from a debt collection agency for violating the requirements provided for in Article 5 of the Law of the Republic of Kazakhstan "On debt collection activities" ____________ (yes (no) date of dismissal

      _______________________________________________________________________________________________________.

      and the name of the debt collection agency)

      6. Information about the phone numbers of the debt collection agency for contacts with debtors

      ______________________________________________________________________________.

      (phone number, name of the mobile operator)

      7. Date and number of the information provision agreement concluded with a credit bureau with state participation

      _________________________________________________.

      8. The list of documents to be sent, the number of copies and sheets for each of them:

      __________________________________________________________________.

      I confirm that the information contained in this application has been verified by me and is reliable and complete.

      I confirm the authenticity of the documents and information attached to the application, as well as the timely submission to the authorized body of additional information and documents requested in connection with the consideration of the application.

      I give my consent to the collection and processing of personal data necessary for the provision of public service, and to the use of information that constitutes a secret protected by law contained in information systems.

      Surname, first name, patronymic (if any), position of the person authorized to submit the application


      ________________________________________________________

      __________________________________________________________________________

      (signature)

      The first manager or the person authorized to sign

      __________________________________________________________________________

      last name, first name, patronymic (if any)

      _______________ signature

      Date of signing "_____" __________ 20_____

  Appendix 2
to the Rules for passing the registration
registration and register maintenance
collection agencies
  the form

Information about employees who will interact with debtors and (or) their representatives, and (or) third parties who are bound by obligations with the lender under a bank loan agreement or a microcredit agreement

      Reporting period: as of "___" __________ 20__

      Full name of the applicant __________________________________________

No.

Surname, name, patronymic (if any) of the employee (in full accordance with the identity document, in case of change of the last name, first name, patronymic - indicate when and for what reason they were changed)

Date and place of birth

Permanent residence, phone numbers (specify the detailed address, office, home, contact phone numbers, including the city code)

Citizenship

Full details of the identity document

Education, including technical and vocational education, post-secondary or higher education

work experience

1

2

3

4

5

6

7

8









      Table continuation:

Having an outstanding or unexpunged criminal record (yes (no)

Was a managerial employee or a person who owns ten or more percent of shares in the authorized capital of a collection agency (yes (no)

Registered in neuropsychiatric, tuberculosis, narcological dispensaries (yes (no)

Dismissed from public service or from special and law enforcement agencies for negative reasons (yes (no)

Previously, by virtue of his official powers, he performed state control functions in the form of audits of the activities of this collection agency or was associated with the activities of this collection agency in accordance with the competence (yes (no)

Dismissed from the collection agency for violation of the requirements provided for article 5 Law (yes (no)

I confirm that this information has been verified by me and is accurate and complete, and I also give my consent to the collection and processing of personal data, and to the use of information constituting a secret protected by law contained in information systems (employee signature)

9

10

11

12

13

14

15








      Note:

      1. Column 8 indicates the presence of work experience in a managerial position, indicating job responsibilities, professional skills.

      2. Column 9 shall indicate the presence of an outstanding or unexpunged conviction or information about whether he is or has been subjected to criminal prosecution (with the exception of persons whose criminal prosecution was terminated on the basis of subparagraphs 1) and 2) of part one Article 35 Of the Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014) for criminal offenses against the individual, family and minors, constitutional and other human and civil rights and freedoms, the foundations of the constitutional order and state security, property, public safety and public order, public health and morality, peace and security of mankind, the interests of service in commercial and other organizations, the interests of civil service and public administration, justice and the procedure for the execution of sentences, the procedure for administration, in the spheres of economic activity, informatization and communications, as well as military criminal offenses.

      If yes, then indicate the date and number of the verdict on bringing to criminal responsibility, article Of the Criminal Code Of the Republic of Kazakhstan dated July 3, 2014.

      3. Column 10 indicates information: whether the employee was previously a managerial employee or a person who owns ten or more percent of the shares in the authorized capital of a collection agency, within a period not more than one year before the authorized body makes a decision to exclude this collection agency from the register on the grounds provided for in subparagraphs 1), 2), 3), four), five), 6) and 7) part one of paragraph 1 of article 9 of the Law of the Republic of Kazakhstan dated May 6, 2017 "On collection activity".

      If yes, then indicate the name of the organization, position, period of work.

      4. In column 11, if yes, then it is necessary to indicate the date of registration and the name of the organization in which the registration was carried out.

      5. In column 12, if yes, then it is necessary to indicate the date of dismissal from public service or from special and law enforcement agencies.

      6. In column 13, if yes, it is necessary to indicate the date of termination of public service.

      7. In column 14, if yes, then it is necessary to indicate the date of dismissal and the name of the collection agency.

      First manager or person authorized to sign _______________________________

                                                            surname, name, patronymic (if any)

      ________________

            Signature

      Date of signing "_____" __________ 20__

  Appendix 3
to the Rules for passing the registration
registration and register maintenance
collection agencies
 
  the form

Information about branches and (or) representative offices

No.

Name of the branch and (or) representative office

Location and actual address

State registration data (number, date)

1

2

3

4





  Appendix 4
to the Rules for passing the registration
registration and register maintenance
collection agencies

List of basic requirements for the provision of public service "Registration of debt collection agencies"

      Footnote. Appendix 4 - as amended by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 64 (shall be enforced sixty calendar days after the date of its first official publication).

1.

Name of the service provider

Republican State Institution "Agency of the Republic of Kazakhstan for regulation and development of the financial market"

2.

Methods of providing the public service (access channels)

e-government web portal www.egov.kz.

3.

The term of rendering the public service

10 (ten) working days

4.

The form of public service provision

Electronic (partially automated)

5.

The result of provision of the public service

Notification of the service recipient's entry into the register of debt collection agencies or a reasoned response on the reasons for refusal to provide a public service.

6.

The amount of payment charged to the service recipient for the provision of public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

On a free basis

7.

Schedule

1) service provider – from Monday to Friday in accordance with the established work schedule from 9.00 to 18.30, except weekends and holidays, according to the Labor Code of the Republic of Kazakhstan (hereinafter – the Code), the Law of the Republic of Kazakhstan "On holidays in the Republic of Kazakhstan" with a lunch break from 13.00 to 14.30;
2) the portal – around the clock, except for technical breaks in connection with repair work (when the service recipient applies after the end of working hours, on weekends and holidays, according to the Code, applications are accepted and the result of the provision of public service is issued on the next working day).

8.

List of documents required for the provision of the public service

1) an application in the form of an electronic document in accordance with Appendix 1 to the Rules;
2) information about employees who will interact with debtors and (or) their representatives, and (or) third parties bound by obligations with the creditor under a bank loan agreement or a micro-loan agreement in accordance with Appendix 2 to the Rules;
3) information about branches and (or) representative offices in the form of an electronic document in accordance with Appendix 3 to the Rules.
The documents provided for in sub-paragraphs 2) and 3) of this paragraph are submitted in the form of electronic copies of documents in PDF format.

9.

Grounds for refusal to provide public service established by the legislation of the Republic of Kazakhstan

1) submission of false information and information to be reflected in the documents specified in paragraph 8 of this List of basic requirements for the provision of public service;
2) non–compliance of the service recipient's employees with the requirements provided for in paragraphs 2 and 3 of Article 12 of the Law of the Republic of Kazakhstan "On debt collection activities" (hereinafter - the Law);
3) non-compliance of a person, independently or jointly with another (other) person (persons) directly or indirectly owning and (or) using and (or) disposing ten or more percent of the shares in the authorized capital of a legal entity intending to carry out debt collection activities, or having control, with the requirements provided for in paragraph 3 of Article 3 of the Law;
4) appeal after three months from the date of state registration (re-registration) in the State Corporation "Government for Citizens" to the service provider with an application for registration;
5) non-compliance with the requirement established by paragraph 1 of Article 21 of the Law.

10.

Other requirements, taking into account the specifics of the provision of the public service

The address of the place where the public service is provided is posted on the official Internet resource of the service provider: www.gov.kz , section "Public services".
The service recipient has the opportunity to receive information about the procedure and status of the provision of public service in remote access mode through the portal's personal account, as well as a unified contact center for the provision of public services.
Contact phone numbers of reference services on the provision of public service are available on the official Internet resource of the service provider: www.gov.kz , section "Public services". Unified contact center for the provision of public services:
8-800-080-7777, 1414.


  Appendix 5
to the Rules for passing the registration
registration and register maintenance
collection agencies
  the form

Register of collection agencies of the authorized body as of "___" ____________ 20__

No.

Account registration number

Collection agency name

Business identification number

1

2

3

4

      Table continuation:

Surname, name, patronymic (if any) of the first head

Location and actual address

Phone number, fax, e-mail address, internet resource

5

6

7

      Table continuation:

Date of inclusion in the register

Date of exclusion from the register

Base

8

9

10


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