Article 12. Requirements for employees of a collection agency The Law on Collection Activities

Home / RLA / Article 12. Requirements for employees of a collection agency The Law on Collection Activities

1. The first head and members of the executive body (collegial and/or sole), the first head and members of the supervisory board (if any), and the chief accountant are recognized as senior employees of a collection agency.

2. An individual cannot be a senior employee of a collection agency.:

1) does not have citizenship of the Republic of Kazakhstan;

2) has no higher education;

3) who has an outstanding or outstanding criminal record or is being or has been subjected to criminal prosecution (with the exception of persons whose criminal prosecution has been terminated on the basis of subparagraphs 1) and 2) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses against the individual, family and minors, constitutional and other human rights and freedoms and the citizen, the foundations of the constitutional order and the security of the state, property, public safety and public order, public health and morals, 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 sentences, the order of administration, in the fields of economic activity, informatization and communications, as well as military criminal offenses;

4) who has no work experience in the fields of finance, insurance, education, public administration and defense, compulsory social security, law and accounting, as well as the activities of payment collection agencies and credit bureaus defined in accordance with the general classifier of economic activities approved by the authorized body in the field of technical regulation (the relevant work experience must be at least one year by the date of employment);

5) who was previously a senior employee or a person who owns ten or more percent of the shares in the authorized capital of a collection agency, for a period not more than three years prior to the adoption by the authorized body of a decision to exclude the collection agency from the register of collection agencies on the grounds provided for in paragraphs 1), 2), 3), 4), 5), 6) and 7) of the first part of paragraph 1 of Article 9 of this Law;

6) in respect of whom a court decision 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, a banking and (or) insurance holding company and to be a major participant (major shareholder) of a financial organization has entered into force for life;

7) who was previously the head, member of the management body, head, member of the executive body, chief accountant of a financial institution, a major participant – an individual, head of a major participant, a banking and (or) insurance holding company – a legal entity of a financial organization within a period of no more than one year prior to the adoption by the authorized body of a decision on the conservation of a financial organization or the compulsory purchase 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 compulsory liquidation of a financial organization or recognition its bankruptcy in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

This requirement is applied within five years after the adoption by the authorized body of a decision on the conservation of a financial organization or the compulsory purchase 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 compulsory liquidation of a financial organization or declaring it bankrupt in accordance with the legislation The order of the Republic of Kazakhstan;

8) who was previously the head, member of the management body, head, member of the executive body, chief accountant of a financial organization, major participant (major shareholder) – an individual, head, member of the management body, head, member of the executive body, 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 whose outstanding amount for the payment of coupon interest on issued equity securities that have defaulted is four times and (or) more than the amount of coupon interest, or the amount of default on the payment of the principal The debt on issued equity securities is ten thousand times higher than the monthly calculation index., established by the law on the republican budget on the date of payment. This requirement shall apply for a period of five years from the date of occurrence of the circumstances provided for in this subparagraph.;

9) registered in neuropsychiatric, tuberculosis, and drug treatment dispensaries;

10) dismissed from public service or from special and law enforcement agencies for negative reasons, if less than three years have passed since the date of dismissal;

11) previously, by virtue of his official powers, performed state control functions in the form of inspections of the activities of this collection agency or related to the activities of this collection agency in accordance with its competence. This requirement applies for one year after the termination of public service by a person.;

12) dismissed from the collection agency for violating the requirements provided for in Article 5 of this Law.

13) who was brought to administrative responsibility for corruption offenses.

2-1. A senior employee, an employee of a collection agency interacting with a debtor and (or) his representative, and (or) a third party, is prohibited from simultaneously having employment and other relations with another collection agency.

3. Employees of the collection agency who do not meet the requirements provided for in the sub-paragraphs are not allowed to interact with the debtor and (or) his representative, and (or) a third person bound by obligations to the creditor under a bank loan agreement or a micro-loan agreement. 1), 3), 5), 9), 10), 11), 12) and 13) of paragraph 2 of this article, as well as those who do not have technical and vocational, post-secondary or higher education.

The requirements for technical and professional, post-secondary or higher education do not apply to employees of the collection agency who interact with the debtor and (or) his representative, and (or) third parties through telephone conversations.

The Law of the Republic of Kazakhstan dated May 6, 2017 No. 62-VI.

This Law regulates public relations related to the implementation of collection activities, establishes the specifics of the creation and operation of collection agencies, and also defines the specifics of state regulation of collection agencies and control over their activities.

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Republic of Kazakhstan

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