Article 19-4. The rights and obligations of a self-regulating organization in the field of collection activities of the Law on Collection Activities

Home / Laws / Article 19-4. The rights and obligations of a self-regulating organization in the field of collection activities of the Law on Collection Activities

1. The rights and obligations of a self-regulating organization in the field of collection activities are determined by this Law, as well as the Law on Self-Regulation.

2. A self-regulating organization in the field of collection activities may not:

1) to acquire shares and (or) participation shares in the authorized capitals of financial organizations;

2) to pledge the property belonging to her in order to ensure the fulfillment of obligations of other persons;

3) ensure the fulfillment of its obligations by pledging the property of its members (participants), as well as guarantees and sureties issued by them;

4) act as a guarantor or guarantor.

3. The head, his deputy, and members of the executive management body of a self-regulatory organization in the field of collection activities may not:

1) simultaneously have employment and other relationships with financial institutions and other self-regulating organizations in the field of collection activities;

2) purchase securities issued by members (participants) of a self-regulatory organization in the field of collection activities;

3) conclude surety or guarantee agreements with members (participants) of a self-regulating organization in the field of collection activities.

4. A self-regulating organization in the field of collection activities must:

1) approve the rules and standards of a self-regulatory organization in the field of collection activities that are mandatory for their members (participants) and coordinate them with the authorized body;

2) notify the authorized body, accompanied by supporting documents, of the inclusion of members (participants) in a self-regulating organization in the field of collection activities and of their exclusion from it within three working days following the day of the decision;

3) notify the authorized body of the non-compliance of a senior employee of a self-regulatory organization in the field of collection activities with the requirements established by paragraph 2 of Article 12 of this Law, as well as of his replacement.;

4) notify the authorized body of changes that have occurred in the composition of its senior staff within five working days, including their appointment (election), transfer to another position or termination of an employment contract (termination of powers) in accordance with the regulatory legal act of the authorized body specified in the first part of paragraph 3 of Article 19-1 of this Law.;

5) provide the authorized body, upon its request, with information, information and documents necessary to perform the functions of state regulation, control and supervision assigned to the authorized body;

6) notify the authorized body of a change in the address (location) of the self-regulating organization in the field of collection activities, including the postal address, e-mail address, contact phone numbers, and the address of the Internet resource of the self-regulating organization in the field of collection activities;

7) notify about changes and (or) additions made to the charter of a self-regulatory organization in the field of collection activities;

8) inform the authorized body about violations by its member (participant) of the requirements of the rules and standards of a self-regulatory organization in the field of collection activities, as well as the measures of influence applied to its members (participants) in accordance with paragraph 3 of Article 19-6 of this Law.;

9) inform the authorized body about the establishment of a dispute resolution body between members (participants) of a self-regulatory organization in the field of collection activities and debtors of its members (participants), and other persons in the field of consumer protection of financial services;

10) submit to the authorized body reports, the list, forms, deadlines and the procedure for submission of which are established by a regulatory legal act of the authorized body;

11) post, in compliance with the requirements of the legislative acts of the Republic of Kazakhstan on information protection, information on its Internet resource, the order of placement of which is established by the rules of a self-regulatory organization in the field of collection activities.

In the cases provided for by the sub-paragraphs 2), 3), 4), 6), 7), 8) and 10) of the first part of this paragraph, notification (informing) by a self-regulating organization in the field of collection activities of the authorized body is carried out in writing or through an electronic document management system.

5. Employees of a self-regulating organization in the field of collection activities are required to ensure the confidentiality of information that has become known to them, which constitutes an official, commercial or other legally protected secret.

6. Employees of a self-regulating organization in the field of collection activities are required to maintain confidentiality with respect to information obtained during their control over the activities of their members (participants).

7. A self-regulating organization in the field of collection activities applies one of the following methods to ensure its property liability and the property liability of its members (participants) to debtors:

1) insurance of civil liability of a member (participant) and a self-regulating organization in the field of collection activities;

2) bringing to financial responsibility members (participants) of a self-regulatory organization in the field of collection activities;

3) the use of other methods of ensuring property liability provided for by the laws of the Republic of Kazakhstan.

The procedure for using methods to ensure property liability is established in the rules 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.

President

Republic of Kazakhstan

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