Article 19-1. Creation of a self-regulatory organization in the field of collection activities of the Law on Collection Activities

Home / Laws / Article 19-1. Creation of a self-regulatory organization in the field of collection activities of the Law on Collection Activities

1. A self-regulating organization in the field of collection activities is a self-regulating organization based on the mandatory membership (participation) of collection agencies, established to monitor the activities of its members (participants) in terms of their compliance with the requirements of the rules and standards of a self-regulating organization in the field of collection activities, included in the register of self-regulating organizations in the field of collection activities.

2. A self-regulating organization in the field of collection activities is a non-profit organization and is created in the form of an association (union).

3. The activities of a self-regulating organization in the field of collection activities are regulated by this Law, other laws of the Republic of Kazakhstan, the charter, standards and rules of a self-regulating organization in the field of collection activities, as well as the procedure for carrying out the activities of a self-regulating organization in the field of collection activities, established by a regulatory legal act of the authorized body.

The procedure for carrying out the activities of a self-regulating organization in the field of collection activity establishes:

1) requirements for budgeting by a self-regulating organization in the field of collection activities;

2) information about senior employees of a self-regulatory organization in the field of collection activities;

3) the procedure for the transfer by a self-regulating organization in the field of collection activities excluded from the register of self-regulating organizations of documents and information generated in the course of its activities, as well as related to the activities of members (participants), another self-regulating organization in the field of collection activities or an authorized body.

4. A self-regulating organization in the field of collection activities must include at least twenty-one percent of the total number of collection agencies as members (participants). The total number of collection agencies is determined based on information posted on the authorized body's Internet resource.

A collection agency may be a member (participant) of only one self-regulatory organization in the field of collection activities.

5. The name of a self-regulating organization in the field of collection activities must necessarily contain the words "self-regulating organization of collection agencies."

It is prohibited to use the words "national", "state", "republican" or "central" in full or abbreviated form in any language in the name of a self-regulating organization in the field of collection activities.

It is not allowed to use designations that are identical or confusingly similar to the names of collection agencies as the name of a self-regulating organization in the field of collection activities.

6. A self–regulating organization in the field of collection activities, within the time limits established by part three of paragraph 4 of Article 9 of the Law of the Republic of Kazakhstan "On Self-Regulation" (hereinafter referred to as the Law on Self-Regulation), submits the following information and documents to the authorized body:

1) a copy of the charter approved by the general meeting of the self-regulatory organization in the field of collection activities;

2) rules and standards of a self-regulating organization in the field of collection activities, developed in accordance with the requirements established by the Law on Self-Regulation, this Law, and approved by the collegial governing body of a self-regulating organization in the field of collection activities;

3) confirming that a self-regulating organization in the field of collection activities has one or more ways to ensure property liability;

4) an extract from the register of members (participants) of a self-regulatory organization in the field of collection activities, including at least twenty-one percent of the total number of collection agencies, signed by the head of the executive management body;

5) the budget of a self-regulating organization in the field of collection activities, confirming the possibility of its exercising its powers in accordance with this Law.

The requirements for budgeting by a self-regulating organization in the field of collection activities are established by a regulatory legal act of the authorized body specified in the first part of paragraph 3 of this article.;

6) confirming the compliance of the senior staff of the self-regulatory organization in the field of collection activities with the requirements established by paragraphs 1 and 2 of Article 12 of this Law. Information about the senior staff of a self-regulating organization in the field of collection activities is provided in accordance with the regulatory legal act of the authorized body specified in the first part of paragraph 3 of this Article.

The head, his deputy and members of the collegial management body, the head of the executive management body, his deputy and members of the executive management body are recognized as senior employees of a self-regulating organization in the field of collection activities.

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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