Article 30-1. Providing information on bank guarantees and sureties to the credit bureau The Law on Credit Bureaus and Formation of credit histories in the Republic of Kazakhstan

     1. Banks shall provide information on bank guarantees and sureties, the list of which is established by paragraph 3 of this Article, to a credit bureau with state participation and, subject to the consent of the debtor person, to provide the bank with information about him and guarantees or sureties issued by the bank at the request of the debtor person to other credit bureaus on the basis of information agreements.

     2. The form of consent of the debtor person to provide the bank with information about him and guarantees or sureties issued by the bank at the request of the debtor person to the credit bureau is established by a regulatory legal act of the authorized body.

     3. Information on guarantees and sureties issued by the bank, provided to the credit bureau, must contain:

      1)-4) became invalid by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 538-IV (effective from 01.01.2013);

     4-1) the name of the debtor legal entity on whose behalf the bank issued a guarantee or surety, the number and date of state registration as a legal entity, and the business identification number;

     4-2) last name, first name, patronymic (if any) of the individual debtor on whose behalf the bank issued the guarantee or surety, date of birth, place of residence, legal address, name and details of the identity document, individual identification number;

     4-3) the name of the legal entity that is the debtor's creditor, in whose favor the bank has issued a guarantee or surety, as well as information on the date of state registration as a legal entity, business identification number (or other information provided for by the legislation of the state in which the non-resident is registered, identifying him as a legal entity);

     4-4) the surname, first name, patronymic (if any) of the individual creditor in whose favor the bank has issued a guarantee or surety, an individual identification number, as well as information about the date of birth, place of residence, legal address, name and details of the identity document (or other personal data provided for by the legislation of the state, in which a non-resident is registered);

     5) the name of the bank that issued the guarantee or surety;

     6) the number and date of the bank guarantee or surety agreement;

     7) the maximum amount of money to be paid under the bank guarantee or surety agreement, unless otherwise specified by the bank guarantee or surety agreement;

     8) the term for which the bank guarantee or surety was issued, or the circumstance (event) upon the occurrence of which the obligation of the bank that issued the bank guarantee or surety is terminated (the term of the bank guarantee or surety), unless otherwise specified by the bank guarantee or surety agreement;

     9) the number and date of issue of the bank guarantee or surety.

     The list of information provided for in this paragraph may be supplemented by agreement between the credit bureau and the bank on the basis of an information provision agreement concluded by them, if this does not contradict the requirements established by the legislation of the Republic of Kazakhstan.

      4. The conditions for banks to provide information on issued bank guarantees and sureties to the credit bureau are determined by the information provision agreement concluded in accordance with paragraphs 1 and 2 of Article 27 of this Law.

     5. Information on bank guarantees and sureties is provided by banks to credit bureaus in electronic form. The cases of providing information on paper are determined by the internal documents of the credit bureaus and the agreements they conclude with information providers.

     6. Banks keep records of the consent of debtor persons received by them to submit information about them and the issued bank guarantee or surety to the credit bureau (with the exception of a credit bureau with state participation).

The Law of the Republic of Kazakhstan dated July 6, 2004 No. 573.

     This Law defines the legal, economic and organizational bases for the formation of credit histories in the Republic of Kazakhstan, the legal status of participants in the system of formation of credit histories and their use, regulates public relations related to the creation, implementation and termination of activities of credit bureaus, the specifics of state regulation, control and supervision in this area.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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