Article 19-5. Governing bodies of a self-regulating organization in the field of collection activities of the Law on Collection Activities

Home / Laws / Article 19-5. Governing bodies of a self-regulating organization in the field of collection activities of the Law on Collection Activities

1. The governing bodies of a self-regulating organization in the field of collection activities are:

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

2) the collegial governing body of a self-regulating organization in the field of collection activities;

3) the executive management body of a self-regulatory organization in the field of collection activities;

4) the control body (audit commission) of a self-regulating organization in the field of collection activities.

The procedure for the formation, structure, competence and term of office of the governing bodies of a self-regulating organization in the field of collection activities, the procedure for making decisions by these bodies are established by the charter of a self-regulating organization in the field of collection activities in accordance with this Law and other laws of the Republic of Kazakhstan.

2. The General Meeting of members (participants) of a self-regulating organization in the field of collection activities is the highest governing body authorized to consider issues related to the activities of a self-regulating organization in the field of collection activities referred to its competence by this Law, other laws of the Republic of Kazakhstan and its charter.

The general Meeting of members (participants) of a self-regulating organization in the field of collection activities is convened in accordance with the procedure and with the frequency established by the charter of the self-regulating organization in the field of collection activities, but at least once a year.

3. The exclusive competence of the general meeting of members (participants) of a self-regulatory organization in the field of collection activities includes:

1) approval of the charter of a self-regulatory organization in the field of collection activities, amendments and (or) additions to it;

2) identification of priority areas of activity of a self-regulatory organization in the field of collection activities;

3) making a decision on the voluntary liquidation of a self-regulating organization in the field of collection activities and the appointment of a liquidation commission;

4) election of the head, deputy and members of the collegial governing body of a self-regulating organization in the field of collection activities, early termination of the powers of the said body or early termination of the powers of the heads or individual members;

5) appointment of persons exercising the functions of the executive management body of a self-regulating organization, their early dismissal from office, as well as the formation of the executive management body and termination of its powers;

6) approval of reports of the collegial and executive management bodies, the control body (audit commission) and specialized bodies in the manner and with the frequency established by the charter of the self-regulatory organization in the field of collection activities;

7) setting the amount of entrance and membership fees;

8) determination of ways to ensure property liability;

9) making other decisions in accordance with the laws of the Republic of Kazakhstan and the charter of a self-regulatory organization in the field of collection activities.

4. The general Meeting of members (participants) of a self-regulating organization in the field of collection activities is authorized to make decisions within its competence if more than half of the members (participants) of the self-regulating organization in the field of collection activities participate in it.

5. Decisions of the general meeting of members (participants) of a self–regulating organization in the field of collection activities are taken by a majority of votes of the number of votes of members (participants) of a self-regulating organization in the field of collection activities present at the general meeting, or in the case of its holding by absentee voting - by a majority of votes of the total number of votes of members (participants) of a self-regulating organization in the field of collection activities.

6. The procedure for holding a general meeting of members (participants) of a self-regulating organization in the field of collection activities, the procedure for forming the agenda of meetings, the conditions and procedure for voting are determined by the charter of a self-regulating organization in the field of collection activities.

7. The management of a self-regulating organization in the field of collection activities is carried out by a collegial governing body of a self-regulating organization in the field of collection activities, elected by the general meeting of members (participants) of a self-regulating organization in the field of collection activities.

The quantitative composition of the collegial management body, the procedure and conditions for its formation, operation, decision-making, and termination of powers are established by the charter of a self-regulating organization in the field of collection activities.

8. The competence of the collegial management body of a self-regulating organization in the field of collection activities includes:

1) submitting issues for consideration by the general meeting of members (participants) of a self-regulatory organization in the field of collection activities;

2) making a decision on joining a self-regulating organization in the field of collection activities and termination of membership in a self-regulating organization in the field of collection activities;

3) creation of specialized bodies of a self-regulating organization in the field of collection activities, approval of regulations on them and rules for their activities;

4) approval of the budget of a self-regulatory organization in the field of collection activities, making changes to it;

5) approval of the rules and standards of a self-regulatory organization in the field of collection activities and making amendments and (or) additions to them;

6) other issues stipulated by the charter of the self-regulatory organization in the field of collection activities.

The collegial management body is formed from representatives of members (participants) of a self-regulatory organization in the field of collection activities, as well as independent members.

The number of members of the collegial body of a self-regulatory organization in the field of collection activities should be at least seven people.

Independent members are considered to be persons who are not related by employment to a self-regulatory organization in the field of collection activities or its members. Independent members must be at least one fifth of the members of the collegial governing body of a self-regulatory organization in the field of collection activities.

Each member of the collegial governing body of a self-regulatory organization in the field of collection activities has one vote when voting.

A member of the collegial management body may not vote on issues that relate to a member (participant) of a self-regulatory organization in the field of collection activities, whose shareholder (participant) he is an employee of.

9. The executive management body of a self-regulatory organization in the field of collection activities:

1) organizes the work of a self-regulating organization in the field of collection activities, monitors the fulfillment of the tasks assigned to the self-regulating organization in the field of collection activities;

2) carries out the recruitment and dismissal of employees of a self-regulatory organization in the field of collection activities;

3) represents the interests of a self-regulatory organization in the field of collection activities in government agencies, public associations, and other organizations;

4) exercises other powers not related to the competence of the general meeting of members (participants) of a self-regulatory organization in the field of collection activities and its collegial management body.

10. The control body (audit commission) is a body of a self-regulating organization in the field of collection activities, which monitors the financial and economic activities of the governing bodies of a self-regulating organization in the field of collection activities and their officials.

The control body (audit commission) of a self-regulating organization in the field of collection activities is accountable and controlled by the general meeting of members (participants) of a self-regulating organization in the field of collection activities.

The procedure and deadlines for submitting reports to the control body (audit commission) are determined by the charter of the self-regulatory 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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