Article 19-3. The competence of a self-regulating organization in the field of collection activities of the Law on Collection Activities

Home / Laws / Article 19-3. The competence of a self-regulating organization in the field of collection activities of the Law on Collection Activities

1. The competence of a self-regulatory organization in the field of collection activities includes:

1) conducting inspections of members (participants) of a self-regulating organization in the field of collection activities for their compliance with the requirements of the rules and standards of a self-regulating organization in the field of collection activities in accordance with the procedure for organizing and conducting inspections of members (participants) of a self-regulating organization in the field of collection activities, established by a self-regulating organization in the field of collection activities;

2) consideration of applications from debtors whose debts have been transferred to its member (participant), and creditors whose pre-trial debt collection and settlement services are provided by its member (participant), in accordance with the procedure established by the rules of a self-regulatory organization in the field of collection activities.

A self-regulating organization in the field of collection activities ensures registration of the treatment of a debtor whose debt has been transferred to a member (participant) of a self-regulating organization in the field of collection activities, and creditors whose pre-trial debt collection and settlement services are provided by a member (participant) of a self-regulating organization in the field of collection activities, the consideration of which falls within the competence of a self-regulating organization in the field of collection activities, within one business day and no later than the next business day after the date of registration of the application, he sends a copy of the said application to the member (participant) of the self-regulatory organization in the field of collection activities in respect of which the application has been submitted.

The period for consideration of appeals should not exceed fifteen working days from the date of their registration.

If it is necessary to establish factual circumstances relevant to the proper consideration of the application, the review period may be extended by fifteen working days, which the applicant is notified of within three working days from the date of the decision to extend the period.

Based on the results of consideration of the application, the self-regulating organization in the field of collection activities is obliged to send the applicant a response in writing or through information facilities or in any other way provided for by the rules of the self-regulating organization in the field of collection activities.

A member (participant) of a self-regulating organization in the field of collection activities, in respect of which an application has been submitted, informs the self-regulating organization in the field of collection activities about the results of consideration of the application of a consumer of financial services in accordance with the procedure and terms established by the rules of the self-regulating organization in the field of collection activities.

A self-regulating organization in the field of collection activities, upon requests from debtors whose debts have been transferred to a member (participant) of a self-regulating organization in the field of collection activities, the consideration of which falls within the competence of the financial ombudsman, in writing or through information facilities or in any other way provided for by the rules of a self-regulating organization in the field of collection activities, is obliged to inform the applicant of his right to apply to the Financial Ombudsman in accordance with the procedure for consideration of appeals by the Financial Ombudsman, provided for in Article 15-33 of the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations;

3) consideration of appeals from its members (participants);

4) analyzing the accounts of its members (participants);

5) assistance to its members (participants) in the implementation of measures to prevent violations of the rights and legitimate interests of debtors of its members (participants);

6) the application of measures of influence against its members (participants) for violating the rules and standards of a self-regulatory organization in the field of collection activities provided for in paragraph 4 of Article 19-6 of this Law;

7) generalization of law enforcement practice and development of recommendations and proposals for further improvement and development of collection agencies' activities;

8) maintaining a register of its members (participants);

9) collection of membership fees and formation of property of a self-regulating organization in the field of collection activities from other sources not prohibited by the laws of the Republic of Kazakhstan.

A self-regulating organization in the field of collection activities considers appeals:

on issues related to debt collection under a bank loan agreement and/or a micro-loan agreement carried out by a collection agency on the basis of a debt collection agreement;

consumers of financial services – legal entities on issues arising from the legal relationship between these persons and the collection agency to which the right (claim) has been assigned under a bank loan agreement and (or) a microcredit agreement;

members (participants) of a self-regulatory organization in the field of collection activities;

other appeals, the consideration of which is not within the competence of the financial Ombudsman.

2. A self-regulating organization in the field of collection activities, during the period of approval by the authorized body of the rules and standards of the self-regulating organization in the field of collection activities, is not entitled to perform the functions specified in subitems 1), 2), 4) and 6) of paragraph 1 of this Article.

3. In case of non-compliance of the senior staff of a self-regulating organization in the field of collection activities with the requirements established by paragraph 2 of Article 12 of this Law, the self-regulating organization in the field of collection activities is not entitled to perform the functions specified in subitems 1), 2), 4) and 6) of paragraph 1 of this Article.

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.

President

Republic of Kazakhstan

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