New rules for collectors

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The National Bank has proposed to tighten the demand from companies working with debtors

Collectors will have to undergo mandatory registration in Kazakhstan. This is not the only fundamental innovation in the draft law "On the collection activity", which was presented today in the Mazhilis.

In addition, it is proposed to prohibit cession of rights to third parties under the loan agreements, except for contracts governed by the National Bank.

"If the collection company has obta8ined information, which constitutes a bank secret, the mystery of granting of micro-loans or the secret of collection activity by stealing documents, bribery or threats, as well as illegal disclosure of banking secrecy, a fine of up to 3 thousand MCI or imprisonment up to three years, depending on the severity of the offense such an offense is stipulated by the draft law", - said during the presentation the deputy chairman of the National Bank Alpysbay Akhmetov.

In addition, the developers offer to make participation of collectors compulsory in the system of credit history. And at the same time the rights of banks and organizations carrying out certain types of banking operations, and microfinance institutions on transfer of rights to collection agencies, as well as banking secrets and mystery of presentation of micro loans. It is also proposed to establish the responsibility of collection agencies for violation of legislation during execution of their activities. We add that the authors of the project intend to change significantly the work schedule of fighters with debtors. "The draft law stipulated a ban on interaction with the debtor in the period from 21.00 to 08.00 on weekdays and from 19.00 to 10.00 on holidays and weekends", - said A. Akhmetov.

Prohibitions in the draft law may also touch banks, microfinance institutions, which want to ban creation of collection structures and participate in their capital. These banks and microfinance companies won’t be able to transfer to collectors the debts of individuals in the form of collateralized property.

In the discussion of the draft law, the deputies expressed their bipolar opinions. For example, Mazhilisman Amanzhan Zhamalov said that in case of adoption of the bill in its original form, the market of collectors will have problems. "The main thing is that this bill won’t work. For the simple reason that during legitimate transfer of debts (from the bank to collectors) will appear enormous taxes that no normal collection company will take over. These issues are not regulated in the draft law", - said Zhamalov.

Commenting on this remark, A. Akhmetov said that each collection company – is an "independent company". "In terms of tax collection, the company is created by a legal entity, as it should be, according to the Tax Code, and as the taxpayers it will be deducted from income. So I do not see problems that the collection companies can have", - said the deputy chairman of the National Bank.

After the presentation of the draft law with accompanying amendments, it will be discussed in a working group of the Committee of Mazhilis for Finance and Budget. By the way, MPs have talked today what remuneration should receive collectors for their work. It is possible that this issue will also be specified in the comparative table on the draft law.

Zhanar Serdalina