Article 58. Features of a bank loan to an individual of the Law on Banks and Banking Activities in the Republic Kazakhstan

Home / Laws / Article 58. Features of a bank loan to an individual of the Law on Banks and Banking Activities in the Republic Kazakhstan

1. An individual has the right to establish or cancel free of charge in the credit bureau or on the e-government web portal, or using the bank's information facilities integrated with services hosted on the e-government gateway, the voluntary refusal of an individual to receive a bank loan.

The bank is prohibited from providing a loan to an individual if there is information about the establishment by an individual of a voluntary refusal to receive a bank loan in his credit report received by the bank before making a decision on granting a loan.

2. A bank is prohibited from granting a consumer bank loan to an individual that is not secured by a pledge of property subject to registration, in excess of the amount established by a regulatory legal act of the authorized body specified in part one of paragraph 4 of Article 52 of this Law, without the consent of his spouse.

The procedure for obtaining the consent of a spouse to receive a consumer bank loan that is not secured by a pledge of property subject to registration, and the minimum amount of the loan that requires the consent of the spouse, are determined by the regulatory legal act of the authorized body specified in the first part of paragraph 4 of Article 52 of this Law.

3. The bank is prohibited from concluding a consumer bank loan agreement, unsecured by collateral, with an individual whose credit report does not contain information about previously received bank loans and (or) micro-loans, without biometric authentication of such individual in his personal presence at the bank on the basis of written consent given by such individual in the bank.

The minimum amount of a bank loan under a consumer bank loan agreement, at the conclusion of which, in accordance with part one of this paragraph, the personal presence of an individual is required, is determined by a regulatory legal act of the authorized body specified in part one of paragraph 4 of Article 52 of this Law.

The requirement provided for in the first part of this paragraph does not apply to cases when the amount of a consumer bank loan is transferred to the bank account of the seller (supplier) of goods, works and services for the purpose of purchasing goods, works and services, the receipt of which is confirmed by the borrower (buyer).

4. In the cases and in accordance with the procedure provided for by the regulatory legal act of the authorized body specified in the first part of paragraph 4 of Article 52 of this Law, the bank enters into a consumer bank loan agreement, not secured by a pledge of property, with an individual only after obtaining the consent of the individual to conclude such an agreement.

In the case of a consumer bank loan agreement that is not secured by property collateral, consent to the conclusion of the said agreement is issued via the Internet at the credit bureau or on the e-government web portal, or through the bank's information facilities integrated with services hosted on the e-government gateway.

5. The Bank transfers money to the borrower on a consumer bank loan not secured by a pledge of property on the basis of a bank loan agreement concluded via the Internet, the amount of which exceeds the minimum amount determined by the regulatory legal act of the authorized body specified in the first part of paragraph 4 of Article 52 of this Law, subject to the following requirements:

1) not earlier than twenty-four hours after signing the bank loan agreement (approval of the application for a bank loan or an increase in the amount of the bank loan);

2) if the borrower agrees (confirms) to receive a consumer bank loan issued in accordance with the requirements of the regulatory legal act of the authorized body specified in paragraph one of paragraph 4 of Article 52 of this Law, and received by the bank not earlier than the deadline specified in subparagraph 1) of part one of this paragraph.

If, within one calendar day, several consumer loans are provided to the borrower via the Internet, not secured by property collateral, in the same bank, the amount of which, as a result of addition, exceeds the minimum amount determined by the regulatory legal act of the authorized body specified in part one of paragraph 4 of Article 52 of this Law, the bank in respect of loans exceeding the specified minimum size complies with the requirement set out in subparagraph 1) of the first part of this paragraph, It also checks these loans for signs of fraud in accordance with risk management and internal control procedures.

6. The requirements provided for in the second part of paragraph 1, paragraph 4 and the first part of paragraph 5 of this article do not apply to the following cases::

1) transfer by the bank of the amount of a consumer bank loan to the bank account of the seller (supplier) of goods, works and services for the purpose of purchasing goods, works and services, the receipt of which is confirmed by the borrower (buyer);

2) issuing a loan by a bank to an individual in order to repay his debt on another loan in this bank;

3) within the established credit limit on the payment card in the amount not exceeding 150 times the monthly calculation index established for the relevant financial year by the law on the republican budget;

4) issuing a loan by the bank to an individual in order to pay the borrower's debts on taxes, fines, and enforcement proceedings when making a payment solely for the specified purposes.

7. If the bank issues a loan to an individual without complying with the requirements set out in the first part of paragraph 2 of this Article, the bank:

1) is not entitled to require the specified individual to fulfill obligations under such a loan;

2) no later than three working days from the date of revealing the fact of issuing the specified loan, take the following measures:

decides on the full cancellation (forgiveness) of the borrower's debt on such a loan.;

terminates debt collection and claim-based work on such a loan;

makes adjustments to the borrower's credit history at the credit bureaus by eliminating records of information on such a loan.;

returns to the borrower the previously withheld (paid) amounts of remuneration and (or) penalties for such a loan.

The measures provided for in part one of this paragraph shall apply to cases where a bank loan is issued without complying with any of the requirements provided for in part two of paragraph 1, part one of paragraph 3, paragraphs 4, 5 and 9 of this article, provided that the bank receives the procedural documents of the criminal prosecution authorities specified in paragraph 12 of this article.

8. The Bank is not entitled to issue a consumer bank loan in excess of the amount determined by the regulatory legal act of the authorized body specified in the first part of paragraph 4 of Article 52 of this Law.

9. The Bank is prohibited from concluding a bank loan agreement with an individual via the Internet without conducting biometric authentication of an individual, the procedure for which is determined by the authorized body in coordination with the National Bank of the Republic of Kazakhstan.

If the amount of the bank loan exceeds the amount established by the regulatory legal act of the authorized body, the biometric authentication of the borrower is carried out through the CID.

10. At the request of an individual borrower, the bank provides the borrower with information about the biometric authentication process, including the date and method of its implementation, the reconciliation of data for the availability of information about it in the database of the anti-fraud center of the bank and the National Bank of the Republic of Kazakhstan, as well as the value of the debt burden coefficient used in the reviewing the application and concluding a consumer bank loan agreement.

11. From the moment of discovery of unlawful access to information constituting a banking secret, its unlawful modification, the commission of unlawful actions by third parties or other illegal (fraudulent) actions with a bank loan of an individual, the bank within:

informs the client and the authorized body about it within one working day.;

Takes measures to eliminate illegal actions within two working days.;

It takes measures to eliminate the consequences of such actions within ten working days.

12. Based on the submission made (issued) by the criminal prosecution authorities in accordance with the Criminal Procedure Code of the Republic of Kazakhstan on taking measures to eliminate the circumstances that contributed to the commission of a criminal offense, or a resolution recognizing an individual borrower as a victim of a criminal offense related to the fraudulent issuance of a bank loan, the bank no later than three calendar days from the date of suspends the receipt of the specified submission or resolution by the bank in respect of the specified bank loan:

debt collection and claim-based work;

accrual of remuneration and/or penalties.

13. The Bank, no later than ten working days from the date of receipt of the judicial act that has entered into force, which establishes the fact of registration for the borrower. – an individual recognized as a victim in a criminal case, a bank loan fraudulently due to the illegal receipt and use by a third party of identification funds of such an individual, including when applying for a bank loan by using remote control software for remote provision of bank services, and (or) violation by the bank of the procedure for biometric authentication or established by a regulatory legal act of the authorized the body of requirements for the identification, recording and analysis of the facts of internal, by external and (or) other methods of fraud, decides to write off his debts on the relevant bank loan, as well as measures to repay to the individual borrower the amounts previously withheld (paid) on such a bank loan.

14. The Bank is not entitled to issue bank loans to an individual within five years from the date of the announcement of the completion of out-of-court bankruptcy or judicial bankruptcy proceedings against the said individual, as well as to issue bank loans to an individual during the period of execution of the solvency restoration plan in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan", as well as accept collateral from such an individual in the form of collateral, guarantees and/or guarantees under a bank loan agreement.

15. In the bank loan agreement with an individual, the bank specifies the method of repayment of the loan at the borrower's choice from those proposed by the bank as of the date of conclusion of the bank loan agreement in accordance with the requirements of the regulatory legal act of the authorized body specified in the first part of paragraph 4 of Article 52 of this Law.

16. It is prohibited for a bank to provide a loan that is not related to the implementation of entrepreneurial activities to an individual who has overdue debts on a bank loan and (or) a micro-loan for more than thirty calendar days.

Such a ban does not apply to cases of issuing a bank loan in order to repay a bank loan and (or) a micro-loan to an individual who is not related to the conduct of business, on improving terms providing for a change in the direction of reducing the remuneration rate and (or) the amount of periodic payments and (or) a change in the direction of reducing or completely canceling the penalty (fines and penalties).

17. The Bank shall make a decision on the application of an individual for the conclusion of a consumer bank loan agreement, not secured by collateral, within one hour from the date of its receipt.

The bank is prohibited from making a positive decision on the application of an individual to conclude a consumer bank loan agreement that is not secured by a pledge of property, as well as to conclude such an agreement if there is information in the credit report about an application submitted by this individual to another bank or organization engaged in microfinance activities for a bank loan or microcredit that is not secured by a pledge of property, for which there is no status about the decision.

A bank is prohibited from entering into a consumer bank loan agreement that is not secured by a pledge of property if the bank fails to provide the credit bureau with information about an individual's application for such an agreement and the decision taken on it.

The requirements set out in parts two and three of this paragraph do not apply to cases where a consumer bank loan is issued that is not secured by a pledge of property to repay the debt on a bank loan of an individual borrower obtained from the same bank.

18. The amount of the penalty (fine, penalty fee) for violating the obligation to repay the principal amount and (or) pay remuneration under a bank loan agreement with an individual may not exceed:

within ninety days of delay, 0.5 percent of the overdue payment amount for each day of delay;

after ninety days of delay, 0.03 percent of the overdue payment amount for each day of delay, but not more than ten percent of the loan amount for each year of the bank loan agreement.

19. Under a bank loan agreement with an individual that is not related to the conduct of business, the bank is prohibited from demanding payment of remuneration, penalties (fines, penalties), as well as commissions and other payments related to the issuance and servicing of the loan, accrued after ninety consecutive calendar days of delay in fulfilling the obligation to repay any of the payments for the amounts of the basic debt and/or remuneration.

The requirement of this paragraph does not apply to the case established by paragraph 3 of Article 60 of this Law.

20. If the amount of the payment made by the individual borrower is insufficient to fulfill the obligations under the bank loan agreement, the specified amount repays the obligations of the individual borrower under the bank loan agreement in the following order:

1) outstanding principal debt;

2) remuneration arrears;

3) penalty (fine, penalties);

4) the amount of the principal debt for the current payment period;

5) remuneration accrued for the current payment period;

6) outstanding fees and other payments related to the issuance and servicing of the loan;

7) the costs of the creditor in obtaining the execution.

21. Prior to concluding a bank loan agreement with an individual not related to business activities, the Bank is obliged to propose loan terms based on the criteria for the suitability of the financial product established by the regulatory legal act of the authorized body.

22. The Bank is prohibited from establishing in a bank loan agreement concluded with an individual conditions providing for the indexation of obligations and payments on a bank loan issued in the national currency of the Republic of Kazakhstan, linked to any currency or other equivalent.

23. When changing the terms of a bank loan agreement with an individual and (or) issuing a new loan in order to repay an individual's loan, the Bank must not allow remuneration to be accrued on overdue remuneration, penalties (fines, penalties), commissions and other payments related to the issuance and servicing of the loan..

24. The provision of a bank loan to an individual cannot be conditioned by the borrower's (mortgagor's) obligation to insure his life or health.

25. The requirements established by this article apply to branches of non–resident banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations.

The Law of the Republic of Kazakhstan dated January 16, 2026 No. 258-VIII SAM.

President

Republic of Kazakhstan

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