The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market
What steps should be taken if a bank or microfinance organization refuses to settle or restructure a loan?
A borrower who is an individual has the right, within 15 calendar days from the date of receiving the decision of the bank and/or microfinance organization (MFO) regarding the refusal to resolve or restructure the loan, as well as in case of failure to reach a mutually acceptable agreement on changing the terms of the bank loan or microcredit agreement, to appeal to the banking or microfinance ombudsman, simultaneously notifying their creditor.
The application must include proof of the written request to the bank/MFO and the creditor’s response indicating failure to reach a mutually acceptable agreement on the amendment of the loan or microcredit agreement terms.
During the period when the ombudsman is reviewing the application of an individual belonging to socially vulnerable groups under the Law of the Republic of Kazakhstan “On Housing Relations” for a mortgage housing loan (mortgage loan) not related to entrepreneurial activity, the creditor is prohibited from enforcing recovery on the pledged property by filing a lawsuit or by extrajudicial means.
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.
