Conditions and procedure for debt settlement and measures applied to an insolvent borrower
In case of overdue debt on obligations, the borrower has the right to visit the Company and (or) submit in writing or in the manner provided for in the contract, a statement containing information about the reasons for the delay in fulfilling the obligation under the contract, income and other confirmed circumstances (facts) that determine his application for amendments to the terms of the contract, including those related to:
- deferment of payment of principal and (or) interest
- changing the repayment schedule (extension)
- writing off penalties (fines, penalties), commissions and other payments
- other methods that do not contradict the legislative acts of the Republic of Kazakhstan and the terms of the agreement.
Consideration by the Company of changes to the terms of the agreement
The Company, in the manner and within the time limits provided for by internal regulations and current legislation, considers the proposed changes to the terms of the agreement and in writing or in the manner provided for by the agreement and informs the borrower about:
- agreement with the proposed changes to the terms of the contract;
- their proposals to change the terms of the agreement (if necessary, to make a decision on granting restructuring, the Company may request a corresponding list of documents );
- refusal to change the terms of the contract, indicating a reasoned justification for the reasons for such refusal.
Measures taken by the lender in case of non-compliance by the borrower
In accordance with the norms of the current legislation of the Republic of Kazakhstan and the terms of the contracts, in the event of non-fulfillment and/or improper fulfillment of the borrower’s obligations, the Company has the right, in the prescribed manner:
- Carry out unaccepted and undisputed withdrawal of money from any bank accounts of the Borrower to pay off the debt;
- Declare a unilateral refusal to fulfill the Agreement with a demand for the return of the loan amount, remuneration, fines (penalties) and costs;
- Reclaim the Lease Item, take restrictive measures - seal the Lease Item and/or temporarily withdraw the Lease Item or otherwise limit the actual use of the Lease Item;
- Apply any measures provided for by the legislation of the Republic of Kazakhstan and (or) the terms of the agreement, including changing the terms of execution of the agreement, filing a claim in court to collect the amount of debt under the agreement, as well as foreclosure on the pledged property out of court (except for cases provided for by the legislative act of the Republic of Kazakhstan on the mortgage of real estate) or in court.