On Approval of the Regulations for Issue of a Permit for the Right to Exercise Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for Protection and Safety of the Credit Histories Database of Used Information Systems and Premises Applied to a Credit Bureau

In accordance with the laws of the Republic of Kazakhstan dated 6 July 2004

"On Credit Bureaus and Formation of Credit Histories in the Republic of Kazakhstan",  dated 15 April 2013 "On Public Services" and dated 16 May 2014 "On Permits and Notifications", the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market MAKES RESOLUTION:

  1. To approve the attached Regulations for issue of a permit for the right to

exercise activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for protection and safety of the credit histories database of used information systems and premises applied to a Credit Bureau.

  1. To recognize as void:

1) Board Resolution of the National Bank of the Republic of Kazakhstan No. 263 dated 28 October 2016 "On Approval of the Regulations for issue of a permit for the right to exercise activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for protection and safety of the credit histories database of used information systems and premises applied to a Credit Bureau (filed in the Register of state registration of regulatory acts under No. 14840 issued on 29 March 2017 in the Reference Control Bank of regulatory acts of the Republic of Kazakhstan);

2) Item 8 of the List of regulatory acts of the Republic of Kazakhstan on the issues of financial market regulation to be amended, approved by Board Resolution of the National Bank of the Republic of Kazakhstan "On entering amendments to some regulatory acts of the Republic of Kazakhstan on the issues of  financial market regulation" No. 157 dated 30 July 2018 (filed in the Register of state registration of regulatory acts under No. 17559, issued on 22 October 2018 in the Reference Control Bank of regulatory acts of the Republic of Kazakhstan).

  1. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Banking Regulation Department shall ensure:

1) in cooperation with the Legal Department, state registration of this Resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) posting this Resolution on the official Internet resource of the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market after its official publication;

3) within ten business days after the state registration of this Resolution, provision of information on the implementation of measures set forth in Sub-item 2) of this Item and Item 4 of this Resolution to the Legal Department.

  1. The International Relations and External Communications Division should ensure that a copy of this Resolution is to be sent for official publication in periodicals within ten calendar days upon the state registration of this Resolution.
  2. Control over the implementation of this Resolution shall be assigned to responsible Deputy Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market.
  3. This Resolution will become effective upon the expiration of twenty one calendar days after the date of its first official release.

 

 

 

 

Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market

M. Abylkassymova 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"AGREED BY"

The Ministry of National Economy

of the Republic of Kazakhstan

04 March 2020

 

 

"AGREED BY"

The Ministry of Digital Development,

Innovations and Aerospace Industry

of the Republic of Kazakhstan

03 March 2020

 

 

 

 

 

 

Approved

by Board Resolution

of the Agency of the Republic

of Kazakhstan for Regulation and

Development of Financial Market

No. 32 dated 30 March 2020  

 

 

Regulations for Issue of a Permit for the Right to

Exercise Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for Protection and Safety of the Credit Histories Database of Used Information Systems and Premises

Applied to a Credit Bureau

 

 

 

Chapter 1. General Provisions

 

  1. The present Regulations for issue of a permit for the right to exercise activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for protection and safety of the credit histories database of used information systems and premises applied to a Credit Bureau (hereinafter – "Regulations"), are developed in accordance with the laws of the Republic of Kazakhstan dated 6 July 2004 "On Credit Bureaus and the Formation of Credit Histories in the Republic of Kazakhstan "(hereinafter - the "Law on Credit Bureaus"), dated 15 April 2013 "On Public Services" (hereinafter - the "Law on Public Services") and dated 16 May 2014 "On Permits and Notifications" (hereinafter – the "Law on Permits and Notifications").
  2. A Permit to Carry out Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for protection and safety of the credit histories database of used information systems and premises (hereinafter – a Permit, Public Service) shall be issued by the Authorized Body on regulation, control and supervision of financial market and financial institutions (hereinafter – "Authorized Body, Service Provider").

The Regulations shall apply terms used in the meanings specified in the Law on Credit Bureaus, Law on Public Services, and Law of the Republic of Kazakhstan dated 24 November 2015 "On Information Support and Development".

 

 

 

Chapter 2. The Procedure for Issue of a Permit

  1. Legal entity (hereinafter - the Applicant, Service Recipient), in order to obtain a Permit issued in accordance with Annex 1 hereto shall send it to the Authorized Body via the e-government web portal www.egov.kz, www.elicense.kz (hereinafter - the "Portal") Application for a Permit, in the form in accordance with Annex 2 to the Regulations.

The List of documents required for the provision of public services, grounds for refusal to render public services, basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision of public services, as well as other information, taking into account the specifics of the provision of public services and the term for the provision of public services are found in the public service standard  "Issue of a Permit to Carry out Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for protection and safety of the credit histories database of used information systems and premises" (hereinafter - the "Standard") according to Annex 3 hereto.

  1. An employee of the Service Provider who is authorized to receive and register correspondence, on the day of receipt of the application, shall accept it, register it, and send it for execution to the department responsible for the provision of public services (hereinafter - the "Responsible Department"). If the application of Service Recipient is received after close of business, on weekends and holidays, according to the Labour Legislation of the Republic of Kazakhstan dated 23 November 2015, applications shall be accepted on the next business day.

When the Applicant sends an application via the portal to the "Personal Filing Cabinet", the status of acceptance of the request for the provision of public services is automatically displayed, indicating the date and time of receipt of the result.

  1. An employee of the Responsible Department shall check the completeness of the submitted documents within one (1) business day after receipt of the documents.

If the fact of incompleteness of the submitted documents is proved the Responsible Department shall prepare and send a reasoned refusal to further consider the application. The Service Provider shall receive from the relevant state information systems through the "e-government" gateway of information specified in the documents on state registration (re-registration) of the legal entity - a resident of the Republic of Kazakhstan.

Upon establishing the fact of completeness of the submitted documents, within two (2) business days, an employee of the Responsible Department shall review the documents for compliance with the requirements of the legislation of the Republic of Kazakhstan on credit bureaus and formation of credit histories and forward the documents submitted by the Applicant to the Committee of the Authorized Body (hereinafter - the "Committee") for obtaining the Act of Compliance of a Credit Bureau with the Requirements for protection and safety of the credit histories database of used information systems and premises (hereinafter - the "Act of Compliance") in accordance with Annex 4 hereto.

  1. Within ten (10) business days the Committee shall check the Applicant, prepare and sign the Act of Compliance.

The Act of Compliance shall be drawn up by the Committee and sent for signing to the representative of a Credit Bureau being checked. If a member of the Committee does not agree with the decision taken and does not sign the Act of Compliance, he / she shall submit information in writing on the reasons for his / her refusal to be attached to the Act of Compliance to the Committee.

The Act of Compliance shall be considered as made in the presence of two-thirds of the signatures of the members of the Committee.

The Regulation on the Committee and its composition, as well as the Rules of Procedure shall be approved by the Authorized Body’s order.

  1. An employee of the Responsible Department within five (5) business days upon the submission of the Act of Compliance by the Committee shall review it, prepare a draft permit or refusal to issue a permit, and send it for consideration to the authorized person of the Service Provider. The authorized person of the Service Provider shall sign the draft Permit or refusal to issue a Permit.

An employee of the Responsible Department within one (1) business day after the signing of the draft Permit or refusal to the Permit by the authorized person of the Service Provider shall send the Permit or a Notice of refusal to grant a Permit with the attachment of the Act of Compliance the "Personal Filing Cabinet" of the Service Recipient.

In case of submission by the Service Recipient of documents for obtaining a Permit specified in Item 8 of the Standard, and subject to compliance with Credit Bureau’s requirements set forth in Article 8 of the Law on Credit Bureaus, the Permit in line with a form according to Annex 1 hereto and the Act of Compliance in accordance with Annex 4 hereto shall be sent to the Service Recipient in the form of electronic copies of documents signed by the electronic digital signature (hereinafter – "EDS") of the authorized person of the Service Provider.

On the portal the result of rendering the public service shall be sent to the Service Recipient’s "Personal Filing Cabinet" in the form of electronic document certified by electronic digital signature of the authorized person of the Service Provider.

  1. The Permit and Act of Compliance shall be issued by the Authorized Body for an unlimited period of time.
  2. Information on the stage of provision of public service is automatically updated in the public services monitoring and information system.

 

Chapter 3. Procedure for appealing decisions, actions (omissions) of the Service Provider and (or) its officials on rendering public services

 

  1. Appeal of decisions, actions (omissions) of the Service Provider and (or) its officials on delivering public services shall be made in writing to the Head of the Service Provider at the address posted on the official Internet resource of the Service Provider.

The complaint of a legal entity shall include its name, postal address, reference outgoing number and date.

The complaint shall be signed by the Service Recipient.

Confirmation of complaint acceptance is its registration (stamp, incoming reference number and date) in the chancellery office of the Service Provider with the name and initials of the person who accepted the complaint, date and place of the response to the complaint lodged.

A complaint of the Service Recipient on rendering public services received by the Service Provider shall be considered within five (5) business days from the date of its registration.

When applying via the portal, information on the appeal procedure shall be provided by calling the Integrated Сontact Сenter: 8-800-080-7777 or 1414.

When sending a complaint via the Service Recipient portal, information is available in the "Personal Filing Cabinet", which is updated during the processing of the complaint by the Service Provider (observations on delivery, registration, execution, response of review or refusal to review).

  1. In case of disagreement with the results of the public service rendered, the Service Recipient shall submit a complaint to the authorized body for evaluating and monitoring the quality of public services rendered.

A complaint of the Service Recipient received by the Authorized Body for evaluating and monitoring the quality of public services shall be considered within fifteen (15) business days upon the date of its registration.

  1. In case of disagreement with results of public service delivered the Service Recipient shall appeal to the court in accordance with the legislation of the Republic of Kazakhstan.

 

 

 

 

 

 

 

Annex 1

To the Regulations for Issue of a Permit for the Right to

Exercise Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for Protection and Safety of the Credit Histories Database of Used Information Systems and Premises Applied to a Credit Bureau

 

Form

 

 

State coat of arms

of the Republic of Kazakhstan

 

Full name of the Authorized Body

 

 

Permit for the Right to Exercise Activities of a Credit Bureau

 

Number of Permit  ____________

Date of issue  " ____" _________ 20__

 

____________________________________________________________________

(full name of the Credit Bureau)

 

Chairman (Deputy Chairman)

 

Place of stamp

Almaty city

 

 

 

 

 

 

 

 

 

 

 

Annex 2

To the Regulations for Issue of a Permit for the Right to

Exercise Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for Protection and Safety of the Credit Histories Database of Used Information Systems and Premises Applied to a Credit Bureau

 

Form

 

 

To _______________________________________________________________________    

(full name of the Authorized Body)

From _______________________________________________________________________

(full name of the Applicant/Service Recipient)

 

 

Application for issue a Permit for the right to exercise activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the requirements for protection and safety of the credit histories database of used information systems and premises applied to the Credit Bureau

 

I kindly request to issue a Permit for the right to exercise activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the requirements for protection and safety of the credit histories database of used information systems and premises applied to the Credit Bureau.

 

Data on the Applicant:

 

  1. Location of the Applicant (actual address)

________________________________________________________________________________

(zip code, oblast, city, district, street, house number, office number, Business Identification Number, phone number, fax)

 

  1. Information on CEO and Chief Accountant of the Credit Bureau

________________________________________________________________________________

(surname, given name, patronymic (if any), date and year of birth, contact phone numbers, Individual Identification Number (IIN) (if available)

 

  1. Information on the shareholders (founders, participants) of the Credit Bureau:

for individuals: surname, given name, patronymic (if any), date and year of birth, Individual Identification Number (if any)

_______________________________________________________________________________;

for legal entities: full name, information on state registration (re-registration), amount of authorized capital, business identification number (if available)

_______________________________________________________________________________.

  1. The amount of the authorized capital with the details of documents confirming full payment: payment orders, cash receipt orders (except for legal entities in the legal form of a joint-stock company)

_______________________________________________________________________________.

  1. Number and date of the Certificate of state registration of authorized stock (for legal entities in the legal form of a joint-stock company)

________________________________________________________________________________

_______________________________________________________________________________.

  1. List of the documents forwarded, number of copies and sheets for each of them:

________________________________________________________________________________

_______________________________________________________________________________.

The Applicant fully confirms the authenticity of the documents (information) attached to the application.

 

Surname, given name, patronymic (if any) of the person authorized to submit the application

________________________________________________________________________________

 

(signature)

 

I give my consent to the use of information that is a legally protected secret contained in information systems.

 

"____" ___________ 20___

 

 

 

 

 

Annex 3

To the Regulations for Issue of a Permit for the Right to

Exercise Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for Protection and Safety of the Credit Histories Database of Used Information Systems and Premises Applied to a Credit Bureau

 

 

 

 

Public Service Standard

"Issue of a Permit for the Right to Exercise Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for Protection and Safety of the Credit Histories Database of Used Information Systems and Premises Applied to a Credit Bureau"

 

1.

Name of the Service Provider

Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market

2.

Ways to provide public service

Web portal of "e-government" www.egov.kz, www.elicense.kz (hereinafter - the "Portal").

3.

Term of rendering public service

Within twenty (20) business days from the date of contacting the portal.

4.

Form of rendering public service

Electronic (fully automated)

5.

Result of rendering the public service

Permit for the right to exercise activities of a Credit Bureau with the attachment of the Act of Compliance of a Credit Bureau with the requirements for protection and safety of the credit histories database of used information systems and premises applied to a Credit Bureau or the motivated response on refusal in providing the state service with the attachment of the Act of Compliance of a Credit Bureau with the requirements for protection and safety of the credit histories database of used information systems and premises applied to a Credit Bureau.

Form of the result of rendering a public service: electronic.

6.

Amount of payment charged from the Service Recipient  for public service, and methods of its collection in cases stipulated by the legislation of the Republic of Kazakhstan

Public service is rendered free of charge.

7.

Work schedule

1) Service Provider – from Monday to Friday, in accordance with the established work schedule from 9.00 a.m. to 06.30 p.m. with a lunch break from 01.00 to 02.30 p.m., except for weekends and holidays in accordance with the labour legislation of the Republic of Kazakhstan;

2) portal – round-the-clock, except for technical breaks in connection with repair work (when the Service Recipient  applies after the end of working hours, on weekends and holidays, according to the labour legislation of the Republic of Kazakhstan dated 23 November 2015, applications are accepted, and the results of public services are issued on the next business day).

 

8.

List of documents required for rendering public service

1) Application for issue of a Permit for the right to exercise activities of a Credit Bureau with the attachment of the Act of Compliance of a Credit Bureau with the requirements for protection and safety of the credit histories database of used information systems  and premises applied to a Credit Bureau in Kazakh and Russian as per form according to Annex 2 to the Regulations for issue of a Permit for the right to exercise activities of a Credit Bureau with the attachment of the Act of Compliance of a Credit Bureau with the requirements for protection and safety of the credit histories database of used information systems  and premises applied to a Credit Bureau;

2) electronic copies of constituent documents that have passed state registration in accordance with the established procedure.

9.

Grounds for refusal to provide public service established by the legislation of the Republic of Kazakhstan

1) carry out of a certain type of activity prohibited in accordance with the laws of the Republic of Kazakhstan for this category of entities;

2) failure to comply with the following organizational, technical measures and process requirements:

availability of technical and other premises for the safe placement and operation of information systems, credit histories database and other documents;

when forming and using information systems for placement of the credit histories database and protection means of these information systems, use of certified equipment and software;

availability in contracts concluded with information providers and recipients of credit reports, of the conditions on compulsory joint implementation of organizational, technical measures and process requirements for software protection applied in the formation and operation of information systems used to create the credit histories database and protection means for these information systems;

availability of a backup server located outside the city where the Credit Bureau is located to store backup copies of the credit history entity's information;

3) availability of a court ruling that has entered into legal force in relation to the Service Recipient, prohibiting him from engaging in this type of activity;

4) non-compliance by a Credit Bureau of organizational, technical measures and process requirements for the software protection used in the formation and operation of information systems used to create the credit histories database and means of protection of these information systems, established by Board Resolution of the National Bank of the Republic of Kazakhstan No. 228 dated 27 September 2018 "On approval of the Requirements for the use of information and communication technologies and ensuring cyber security in the arranging the activities of Credit Bureaus, Information Providers and Recipients of credit reports that are nanks, entities performing certain types of banking operations, microfinance organizations and collection agencies, as well as the Requirements, submitted by Credit Bureaus to information providers and recipients of credit reports in accordance with Sub-item 11) of Item 2 and Sub-item 9) of Item 3 of Article 27 of the Law of the Republic of Kazakhstan dated 6 July 2004 "On Credit Bureaus and Formation of Credit Histories in the Republic of Kazakhstan "(filed in the Register of state registration of regulatory acts of the Republic of Kazakhstan on 6 November 2018 under No. 17702).

10.

Other requirements, taking into account the specifics of rendering public service

 

The address of the place of public service is posted on the official Internet resource of the Service Provider.

Service Recipient has the opportunity to receive information on the procedure and status of public service in remote access mode via the portal's "Personal Filing Cabinet", as well as the Integrated Contact Center for public services.

Contact phone numbers of information services for public services are available on the official Internet resource of the Service Provider. 

Integrated Contact Center for public services:               8-800-080-7777, 1414.

 

 

Annex 4

To the Regulations for Issue of a Permit for the Right to

Exercise Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for Protection and Safety of the Credit Histories Database of Used Information Systems and Premises Applied to a Credit Bureau

 

 

Form

 

Act

of Compliance _____________________________________________________

(name of the Credit Bureau)

of a Credit Bureau with the Requirements for protection and safety of the credit histories database of used information systems and premises applied to the Credit Bureau

 

________________________

"__" _________ 20__

Place of issue

           Date of issue

 

The present Act of Compliance of a Credit Bureau with the Requirements for protection and safety of the credit histories database of used information systems and premises applied to the Credit Bureau was compiled by the Committee as follows:

Representatives of the Authorized Body:

__________________________________________________________________________

_________________________________________________________________________.

Representatives of the participant of the system forming credit histories and their use take part in the performance of the Committee:

__________________________________________________________________________

_________________________________________________________________________.

Detailed description of the entities inspected and documents examined by the Committee:

__________________________________________________________________________

_________________________________________________________________________.

Summary of explanations of representatives of the participant of the system forming credit histories and their use:

__________________________________________________________________________

_________________________________________________________________________.

The Committee's inspection of technical and other documents of the Credit Bureau, inspection of its technical premises, electronic and computer equipment, communication systems and protective devices and other facilities intended for operation within the system of credit history formation and their use, has established as follows:

 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________.

(compliance (non-compliance) with the requirements and sufficiency (insufficiency) to start up (continue) the entity's activities in the information services market)

The Credit Bureau has submitted the following technical documentation and other documents attached to the Committee Act:

__________________________________________________________________________

_________________________________________________________________________.

Members of the Committee:

__________ _______________________________________________________________

(position)                        (surname, given name, patronymic (if any))

__________________________

agreed by (not agreed by)

__________ _______________________________________________________________

(position)                        (surname, given name, patronymic (if any))

__________________________

agreed by (not agreed by)

__________ _______________________________________________________________

(position)                        (surname, given name, patronymic (if any))

__________________________

agreed by (not agreed by)

Head of the Committee:

______________________________________________________________

(electronic digital signature)

 

 

 

On Approval of the Regulations for Issue of a Permit for the Right to Exercise Activities of a Credit Bureau and the Act of Compliance of a Credit Bureau with the Requirements for Protection and Safety of the Credit Histories Database of Used Information Systems and Premises Applied to a Credit Bureau
Дата публикации
21 января 2020