Article 21. The secret of providing a micro-loan of the Law on Microfinance Activities

Home / RLA / Article 21. The secret of providing a micro-loan of the Law on Microfinance Activities

1. The secrecy of providing a micro-loan includes information about borrowers, the amount of micro-loans, other terms of the micro-loan agreement related to the borrower, and the operations of a microfinance organization (with the exception of the rules for providing micro-loans).

Information about the concluded agreements on the provision of microcredit by a microfinance organization in the process of liquidation does not belong to the secrecy of the provision of microcredit.

2. Microfinance organizations guarantee the secrecy of the provision of microcredit.

3. The secret of providing a micro-loan may be disclosed only to the borrower, to a third party on the basis of the borrower's written consent, as well as through information technology facilities, to the credit bureau for micro-loans provided in accordance with the laws of the Republic of Kazakhstan, as well as to the persons specified in paragraphs 4, 5, 5-1 and 6 of this article.

4. Information about borrowers, amounts of micro-loans, other terms of the micro-loan agreement related to the borrower, and operations conducted by a microfinance organization are provided:

IZPI's note! Subparagraph 1) is amended by the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective sixty calendar days after the date of its first official publication).

1) state bodies and officials performing the functions of criminal prosecution: in criminal cases pending before them on the basis of a written request, stamped and authorized by the prosecutor;

1-1) national security agencies and the State Security Service of the Republic of Kazakhstan with the approval of the prosecutor upon their request to provide information necessary for the prevention, opening and suppression of intelligence and (or) subversive actions;

1-2) to the authorized body for the return of assets upon a written request signed by the first head or the person performing his duties, accompanied by an extract from the register approved in accordance with the Law of the Republic of Kazakhstan "On the Return of illegally Acquired Assets to the State";

2) courts: in cases pending before them on the basis of a court ruling, resolution, decision and verdict;

3) state and private bailiffs: in cases under their jurisdiction, enforcement proceedings are conducted on the basis of a resolution of the bailiff authorized by the prosecutor, certified by the seal of the judicial authorities or the seal of a private bailiff;

4) to the prosecutor: on the basis of a resolution on the conduct of an inspection within his competence on the material under consideration.;

IZPI's note! Subparagraph 5) is amended by the Law of the Republic of Kazakhstan dated 07/15/2025 No. 207-VIII (effective sixty calendar days after the date of its first official publication).

5) state revenue authorities solely for the purposes of tax administration: on matters related to taxation of the person being audited, on the basis of an order;

6) representatives of the borrower: on the basis of a power of attorney, for the borrower, who is an individual, on the basis of a notarized power of attorney;

7) to the authorized body in the field of rehabilitation and bankruptcy: in respect of a person for whom a court decision declaring bankruptcy has entered into force, for a period of five years prior to the initiation of bankruptcy proceedings and (or) rehabilitation with the approval of the prosecutor.

8) to the authorized body in the field of public administration for the restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan: based on a request from a citizen who has submitted an application for the application of procedures provided for by the Law of the Republic of Kazakhstan "On the restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan", for a period of three years prior to filing such a request;

9) to the financial manager: on the basis of a request against a citizen for whom a case has been initiated on the application of a procedure for restoring solvency or judicial bankruptcy with the approval of the prosecutor. In order to confirm the authority, a court ruling on the initiation of proceedings on the application of the procedure is attached to the request.

5. Information about the borrower, the amount of the micro-loan, and other terms of the micro-loan agreement related to the borrower, in the event of the borrower's death, in addition to the persons provided for in paragraph 4 of this article, shall also be provided on the basis of a written request.:

1) persons specified by the borrower in the will;

2) notaries: for inheritance cases under their jurisdiction on the basis of a notary's request.

3) to foreign consular institutions: for inheritance cases under their jurisdiction.

5-1. The secrecy of the provision of a micro–loan may be disclosed to the microfinance Ombudsman on the basis of individual borrowers' appeals pending before him to resolve disputes arising from the micro-loan agreement, including the rights (claims) under which have been assigned to the person specified in paragraph 4 and part one of paragraph 5 of Article 9-1 of this Law.

6. It is not a disclosure of the secret of providing a microcredit:

1) providing microfinance organizations with negative information to credit bureaus and providing credit bureaus with negative information about the subject of the credit history in terms of overdue debts over one hundred and eighty calendar days;

2) provision by the persons specified in the first part of paragraph 5 of Article 9-1 of this Law of information on the agreement on the provision of microcredit (issued microcredit) to the persons specified in paragraph 4 and the first part of paragraph 5 of Article 9-1 of this Law, upon assignment (assignment) of rights (claims) under the agreement on the provision of microcredit;

3) provision by the persons specified in the first part of paragraph 5 of Article 9-1 of this Law of information on microcredit to the collection agency under the contract, the subject of which is the provision of services for pre-trial collection and settlement of debts, as well as the collection of information related to the debt of the borrower, concluded with this collection agency, or service company under the contract of trust management in accordance with Article 9-1 of this Law;

4) exchange of information, including information constituting the secret of the provision of microcredit, between the National Bank of the Republic of Kazakhstan and the authorized body;

5) submission by an official of a state body or a person performing managerial functions in a microfinance organization of documents and information containing the secret of providing a micro-loan as supporting documents and materials when sending a criminal prosecution body a report on a criminal offense.

IZPI's note! Subparagraph 6) is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

6) exchange of information on payment transactions with signs of fraud, which constitute a secret of the provision of microcredit by national security and law enforcement agencies, between the data exchange center for payment transactions with signs of fraud, microfinance organizations, other financial organizations, payment organizations, cellular operators, criminal prosecution authorities, the National Bank of the Republic of Kazakhstan, the authorized body.

The Law of the Republic of Kazakhstan dated November 26, 2012 No. 56-V.

This Law regulates public relations related to the provision of micro-loans, establishes the specifics of the creation and reorganization of organizations engaged in microfinance activities, the legal status, activities of organizations engaged in microfinance activities, and also defines the specifics of state regulation of organizations engaged in microfinance activities, control and supervision of their activities.

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