The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market
What consequences can a borrower expect if a payment under the terms of a bank loan agreement is made late?
According to Article 36 of the Law on Banks, banks, as a measure applied to insolvent borrowers, may enforce collection in a non-disputable (without consent) manner on funds available in any of the borrower’s bank accounts (if such enforcement is stipulated in the bank loan agreement), except for funds in accounts intended for crediting allowances and social payments, alimony for the maintenance of minor and incapacitated adult children, payments from citizens’ housing construction savings, funds intended for crediting compensation for investment expenses, and accumulative deposits under educational savings agreements.
Since January 1, 2017, enforcement of debt collection from an individual borrower’s bank loan by presenting a payment demand is limited to fifty percent of the amount of money in the borrower’s bank account and/or from each subsequent amount credited to the borrower’s bank account, and is carried out without waiting for the entire amount necessary for full payment of the demand to be credited to the account.
Since September 24, 2019, the amount remaining in an individual’s current account must not be less than the subsistence minimum established for the respective financial year by the law on the republican budget.
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.
