The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market
What measures are banks or microfinance organizations required to take in case of borrower default?
In case of overdue obligations under a bank loan or microcredit agreement, but no later than ten calendar days from the date of such overdue, the bank or MFO is obligated to notify the borrower by the method and within the terms stipulated by the bank loan or microcredit agreement, as well as through information systems about:
1) the occurrence of overdue obligations under the bank loan or microcredit agreement and the necessity to make payments under the agreement, indicating the amount of overdue debt as of the date specified in the notification;
2) the borrower’s right as an individual under the bank loan or microcredit agreement to submit an application to the bank or MFO;
3) the consequences of the borrower’s failure to fulfill their obligations under the bank loan or microcredit agreement.
Upon receiving an application from the borrower regarding debt settlement, the creditor must review the application and provide a decision. In the event of non-repayment of the overdue debt by the borrower, failure to exercise the right to restructuring, or failure to reach an agreement on debt settlement, the bank has the right to seize the borrower’s funds. The bank or MFO may also transfer the debt for pre-trial collection and settlement to a collection agency, file a lawsuit in court to recover the debt amount, and initiate enforcement on collateral property outside of court.
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.
