The form of Objection to the executive inscription
Attention!
The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
To a notary public ____________________ License no._________
from __.06.20__ of the year Almaty, Mailina str., 77. +7 ___________________.
from: ___________________ IIN ___________________ Almaty, Nauryzbay district,
Consumer cooperative Horticultural Association
"__________________" D. __. +7 ___________________.
Objection
on the executive inscription for no. _____ dated June 14, 20__
_ On __ June 20__, I received executive order no. _____ from the Notary by SMS and e-mail, which was issued by you on __ June 20__. When studying the executive order, I found out that you had established the amount of debt __________________ before the LLP "__________________", BIN __________________, in the amount of 100,000 tenge, and the costs incurred by the recoverer for the execution of the executive inscription in the amount of 4,677 tenge, the total amount to be recovered in the amount of 104,677 tenge. I disagree with the executive order for the following reasons:
In accordance with paragraph 2 of art.92-1 of the Law of the Republic of Kazakhstan "On Notaries" (hereinafter referred to as the Law), on the basis of an executive inscription or a corresponding resolution, debt is collected for the following indisputable requirements for the performance of an obligation based on a written transaction, the due date of which has come and the default is recognized by the debtor, including in the response to the claim, sent to the recoverer in the order of pre-trial settlement of the dispute.
In my case, the requirement is TOO "__________________" it is not indisputable, since I do not agree with the established amount of debt. I also did not receive a Pre-trial claim, and I did not recognize the non-fulfillment of the obligation.
You have not established or clarified the amount of remuneration, the amount of the principal debt and penalties from the loan received. The payments I made to repay the loan were also not taken into account.
I would like to draw attention to the Law of the Republic of Kazakhstan dated July 4, 2003 No. 474-II On State Regulation, Control and Supervision of the Financial Market and Financial Organizations, Article 4. "Prohibition of unauthorized activities in the financial market", which stipulates that It is not allowed to carry out professional activities in the financial market by persons who do not have the appropriate license, issued in accordance with the legislation of the Republic of Kazakhstan. Transactions involving the provision of financial services made without an appropriate license are invalid. The Law on Microfinance Activities of the Republic of Kazakhstan, Article 24. Stipulates that legal entities that are not registered as microfinance organizations, credit partnerships, pawnshops are not entitled to carry out entrepreneurial activities to provide micro-loans. If the LLP "__________________" If it is registered as a microfinance organization, then in accordance with paragraph 1 of Article 13 of the Law "On Microfinance Organizations", the name of a microfinance organization must necessarily contain the words "microfinance organization". But in the name of the LLP "__________________" The word "microfinance organization" is not provided.
The form of Objection to the executive inscription
We would like to draw your attention to the fact that the actions of the LLP "__________________" In this situation, they are unlawful for the following reasons: In accordance with paragraph 1 of Article 728 of the Civil Code of the Republic of Kazakhstan, when concluding a loan agreement, a bank or other licensed legal entity acts as the lender. authorized state body to provide loans in cash. According to paragraph 5 of Article 1 of the Law of the Republic of Kazakhstan "On Microfinance Organizations", a microcredit is money provided by a microfinance organization to the Plaintiff in the national currency of the Republic of Kazakhstan in the amount and in accordance with the procedure established by this Law, on the terms of payment, urgency and repayment. In accordance with paragraph 1 of Article 24 of the Law of the Republic of Kazakhstan "On Microfinance Organizations" (hereinafter referred to as the Law), legal entities that are not registered as microfinance organizations are not entitled to carry out business activities to provide micro–loans. LLP "__________________" It is not a microfinance organization, since according to paragraph 1 of Article 13 of the Law, the name of a microfinance organization must necessarily contain the words "microfinance organization". The register of microfinance organizations that have been registered is posted on the authorized body's Internet resource. From the list posted on the website of the National Bank of the Republic of Kazakhstan, it follows that LLP "__________________" We did not register as a microfinance organization. Also, the provision of a loan with payment of remuneration refers to banking operations, in accordance with Article 30 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities", this type of activity is subject to licensing in accordance with the Rules for Licensing banking operations carried out by organizations engaged in certain types of banking operations, approved by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Supervision of the Financial Market and Financial Institutions. organizations dated June 25, 2007 No. 168. In accordance with Article 4 of the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations", persons who do not have an appropriate license issued in accordance with the legislation of the Republic of Kazakhstan are not allowed to carry out professional activities in the financial market. At the same time, according to clause 6 of Article 1 of the Law "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations", financial services – activities of participants in the insurance market, securities market, voluntary accumulative pension fund, banking, activities of organizations conducting certain types of banking operations carried out on the basis of licenses obtained in accordance with the legislation of the Republic of Kazakhstan, as well as the activities of the unified accumulative pension fund, the central depository, the unified registrar and mutual insurance companies, not subject to licensing. Meanwhile, other persons not listed in subparagraph 8) of paragraph 2 of Article 30 of the Law "On Banks and Banking Activities in the Republic of Kazakhstan", paragraph 53 of Appendix 1 of the Law "On Permits and Notifications", subparagraph 7) of Article 1 of the Law "On Microfinance Organizations" are not entitled to carry out bank loan operations, and also provide micro-loans without obtaining the necessary permission.
The form of Objection to the executive inscription
Thus, the LLP "__________________" It does not apply to organizations that have the right to provide micro-loans and carry out certain types of banking operations. By virtue of clause 1 of Article 382 of the Civil Code of the Republic of Kazakhstan, the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law. According to paragraph 1 of Article 383 of the Civil Code of the Republic of Kazakhstan, the contract must comply with the rules binding on the parties, established by law (mandatory norms) in force at the time of its conclusion. By virtue of clause 1 of Article 159 of the Civil Code, a transaction made without obtaining the necessary permission is void. It follows from Clauses 2 and 3 of Articles 157-1 of the Civil Code that an invalid transaction does not entail legal consequences, except for those related to its invalidity. In case of invalidity of the transaction, each of the parties is obliged to return to the other everything received under the transaction. Under such circumstances, TOO "__________________" It is not entitled to calculate the amount of remuneration, penalties and penalties under the loan agreement, due to the nullity of the said loan agreement in the relevant part. Therefore, the Applicant must repay only the amount of the loan received for the principal debt. In connection with the non-fulfillment of the LLP "__________________" obligations stipulated by the legislation, we have the opinion that the actions of the LLP "__________________" aimed at seizing property by deceiving and abusing the Applicant's trust. In accordance with clauses 2 of Articles 92-6 of the Law, the debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription or the relevant resolution, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription or issued the relevant resolution. According to paragraph 3 of Articles 92-6 of the Law, the debtor's objection must contain the reasons for disagreement with the stated claim. In accordance with paragraph 1 of Articles 92-8 of the Law, the notary issues a resolution on the cancellation of the executive inscription no later than three working days from the date of receipt of the objection. Copies of the resolution on the cancellation of the executive inscription are sent to the recoverer and the debtor no later than the next business day after its issuance. On the basis of the above, in accordance with paragraph 2 of Articles 92-6 of the Law of the Republic of Kazakhstan "On Notaries", I ASK YOU:
Cancel the notary's executive order __________________ for no._____, a unique number №__________________ dated June 14, 20__, about collecting the amount owed from __________________ in favor of LLP LLP "__________________" in the amount of 104,677 tenge;
The resolution on the cancellation of the executive inscription should be sent to the address: Almaty, Nauryzbay district, consumer cooperative Horticultural Association "__________________" D. 24.
Yours sincerely,, ___________/ __________________ "___"__________2020 G.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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