Article 19-7. The register of self-regulating organizations in the field of collection activities and their exclusion from the register of the Law on Collection Activities

Home / Laws / Article 19-7. The register of self-regulating organizations in the field of collection activities and their exclusion from the register of the Law on Collection Activities

1. The authorized body maintains a register of self-regulating organizations in the field of collection activities.

2. The information contained in the register of self-regulating organizations in the field of collection activities is open, posted on the authorized body's Internet resource and kept up to date.

Information about a self-regulating organization in the field of collection activities that meets the requirements of paragraph 4 of Article 19-1 of this Law shall be entered into the register of self-regulating organizations in the field of collection activities on the basis of a notification in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications".

3. The grounds for exclusion from the register of self-regulating organizations in the field of collection activities are:

1) a decision of the general meeting of members (participants) of a self-regulating organization in the field of collection activities on the voluntary exclusion from the register, liquidation or reorganization of a self-regulating organization in the field of collection activities, carried out in the form of a merger, merger, division or separation;

2) failure to submit within two months the documents provided for in part three of paragraph 4 of Article 9 of the Law on Self-Regulation and paragraph 5 of Article 19-1 of this Law;

3) a court decision that has entered into legal force on the termination of the activities of a self-regulatory organization in the field of collection activities;

4) systematic (three or more times within twelve consecutive calendar months) failure to comply with the written instructions of the authorized body;

5) repeated (two or more times within twelve consecutive calendar months) failure to submit reports and (or) submission of false reports to the authorized body;

6) non-compliance of a self-regulating organization in the field of collection activities within twelve consecutive calendar months with the requirement established by paragraph 4 of Article 19-1 of this Law.

4. Within one year after the authorized body makes a decision to exclude a self-regulating organization in the field of collection activities from the register on the grounds provided for in paragraph 3 of this article, such a non-profit organization may not claim to be able to operate as a self-regulating organization in the field of collection activities.

5. Established by sub-paragraphs 1), 2), 3), 4) and 6) paragraph 1 of Article 19-3 and Article 19-6 of this Law, the functions of a self-regulating organization in the field of collection activities, which was excluded from the register, in respect of collection agencies that were its members (participants), are transferred to another self-regulating organization in the field of collection activities. of the appropriate type from the date of entry of the collection agency into such a self-regulating organization in the field of collection activities, and in the absence of a functioning self–regulating organization in the field of collection activities of the appropriate type, they remain under the control and supervision of the authorized body until the date of inclusion in the register of a self-regulating organization in the field of collection activities of the appropriate type and entry into such a self-regulating organization in the field of collection activities of the collection agency.

6. In case of exclusion from the register of self-regulating organizations in the field of collection activities, a self-regulating organization in the field of collection activities is obliged to transfer all documents and information formed and arising from legal relations between a self-regulating organization in the field of collection activities, its members (participants) and debtors to another self-regulating organization in the field of collection activities, whose members (participants) the members (participants) of the self-regulatory organization in the field of collection activities entered, excluded from the register of self–regulating organizations, and in the absence of a functioning self-regulating organization in the field of collection activities - to the authorized body.

When transferring to the authorized body the documents and information specified in part one of this paragraph, the authorized body shall not bear any obligations arising from the legal relationship between a member (participant) of a self-regulating organization in the field of collection activities who has the right of a creditor resulting from the assignment of a right (claim) on debt and the debtor, as well as other property obligations arising from the legal relations of a self-regulating organization in the field of collection activities with third parties.

The procedure for the transfer of the documents and information specified in this paragraph is established by the regulatory legal act of the authorized body specified in the second part of paragraph 3 of Article 19-1 of this Law.

7. For non-fulfillment of the obligation to transfer the materials specified in paragraph 7 of this Article, the senior employee of a self-regulatory organization in the field of collection activities excluded from the register is responsible in accordance with the laws of the Republic of Kazakhstan.

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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