The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market
What steps should be taken by a borrower after entering into default on a bank or microfinance loan?
Articles 36 of the Law on Banks and 9-2 of the Law on Microfinance Activities establish the conditions and procedures for debt settlement and the measures that a creditor may apply to an insolvent borrower.
Thus, the borrower has the right to apply to the creditor for loan restructuring within 30 calendar days from the date the overdue payment occurs, by submitting a written application or by another method specified in the loan agreement.
In the application, the borrower must specify the reasons for the delay, propose possible restructuring options, and provide supporting documents evidencing reduced income, difficult social circumstances, hardship, or inability to fulfill their credit obligations.
The creditor must consider the proposed changes to the terms of the bank loan or microcredit agreement within 15 calendar days from the day the borrower’s application is received and provide a written response indicating:
1) consent to the proposed changes;
2) the creditor’s counterproposals;
3) refusal to amend the terms with a reasoned explanation for such refusal.
Creditors, when considering supportive measures for borrowers experiencing difficulties in repaying loans or restructuring requests, make decisions in accordance with their internal policies on a case-by-case basis, applying an individual approach to each borrower.
What mistakes do borrowers most commonly make when taking out a mortgage?
The most common mistakes include underestimating one’s financial capabilities, focusing solely on the amount of the monthly payment without considering the total cost of the loan and the overall amount of interest paid, and overlooking additional expenses associated with purchasi...
What additional expenses, apart from the monthly payment, should be taken into account when purchasing a home with a mortgage?
When purchasing a home with a mortgage, it is important to consider not only the monthly loan payment but also additional expenses associated with acquiring and maintaining the property. These may include property appraisal costs, insurance, notarial and registration fees, taxes,...
Can a borrower lose their home due to a prolonged mortgage delinquency? What is the foreclosure procedure?
In the event of a prolonged failure to fulfill obligations under a mortgage loan, the legislation provides for the possibility of foreclosure on the mortgaged property. However, before such measures are taken, borrowers are provided with a number of tools to settle their debt. In...
What are the “gray” and “black” lists of droppers?
To combat dropper schemes, a centralized system for recording suspicious clients has been established. The system is operated by the Anti-Fraud Center of the National Bank, which receives information from banks, payment organizations, telecommunications operators, and law enforce...
What new requirements have been introduced for the remote issuance and reissuance of bank cards?
For the remote issuance and reissuance of bank cards, financial institutions are required to use two-factor authentication, including biometric identification. Bank cards may only be linked to Kazakhstan-registered mobile phone numbers, which reduces the risk of using foreign SIM...
What is “dropping” and what penalties are provided by law?
“Dropping” refers to the illegal provision, transfer, or use of access to a bank account, payment instrument, or identification tool, as well as the execution of unauthorized payments or money transfers, including on behalf of third parties, in exchange for financial compensation...
How has the regulator strengthened its oversight of collection agencies in recent years?
Since 2017, the Agency has pursued a regulatory policy aimed at strengthening oversight of collection activities, improving the functioning of the debt collection market, and reducing unfair collection practices. Since 2017, the following regulatory measures have been introduced:...
Does a debtor have the right to record a conversation with a collector?
Yes. Under subparagraph 7) of paragraph 1 of Article 16 of the Law on Collection Activities, a debtor and/or their representative has the right to independently record interactions with employees of a collection agency using audio and/or video recording equipment.
