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Rules for granting microcredits to Lombard "Baibol" LLP
Accession agreement over 50 MCI Download
Rules for granting microcredits rus. lang
Accession agreement up to 50 MCI
Appendix to the decision of the Sole Member Lombard BEK LLP No.6 of November 26, 2020
Standard contract terms on microcredit (Accession Agreement) in accordance with paragraph 3-1 of Article 4 Law of the Republic of Kazakhstan November 26, 2012 “About microfinance activities” Published on the site LOMBARD BEK LLP https://lombard-bek.kz These standard conditions for the provision of a microcredit (hereinafter referred to as the Accession Agreement) were developed by Lombard BEK LLP for use when concluding an agreement on the provision of a microcredit in the manner prescribed by Article 389 of the Civil Code of the Republic of Kazakhstan, and determine the standard terms of the Agreement on the provision of a microcredit in accordance with paragraph 3-1 of article 4 of the Law of the Republic of Kazakhstan dated November 26, 2012 "On microfinance activities". Agreement using standard conditions is concluded by signing between Lombard BEK LLP and the borrower (hereinafter referred to as the borrower) a pledge ticket containing individual conditions for granting a microcredit (hereinafter referred to as the Pledge ticket) and submitting an application for a microcredit by the Borrower. The Pledge Ticket and the Accession Agreement are integral parts of each other and constitute a single document and are hereinafter collectively referred to as the Agreement. The term “Agreement” used in the Pledge Ticket and the Accession Agreement refers both to the content of the Pledge Ticket and equally to the content of the Accession Agreement.
1. GENERAL CONDITIONS 1.1. In accordance with the Accession Agreement and the Pledge Ticket, Pawnshop BEK LLP (hereinafter referred to as Pawnshop) provides the Borrower (Pledgor) - an individual with a microcredit secured by movable property for personal use (hereinafter referred to as the "subject of pledge" or "collateral property"), in the manner prescribed by the Accession Agreement and the Pledge Ticket. 1.2. Pledge tickets concluded by the Pawnshop and the Borrower, for the purpose of joining this Agreement of accession, are agreements on the provision of microcredit, provided for in paragraph 3-1 of Article 4 of the Law of the Republic of Kazakhstan dated November 26, 2012 "On Microfinance Activities". 1.3. The amount of the microcredit and other individual conditions for granting the microcredit are determined by the Pledge ticket. The maximum amount provided for one microcredit does not exceed fifty times the minimum calculation index established for the corresponding financial year by the Law on the Republican Budget. It is forbidden to increase the amount of microcredit under the Agreement. 1.4. Information about the purpose of using microcredit: consumer. 1.5. Microcredit is provided by issuing cash at the Pawnshop cash desk on the day of signing the Pledge ticket after accepting the pledged item as a pledge. 1.6. The deadline for granting a microcredit is no more than 45 (forty five) calendar days from the date of granting a microcredit and is indicated in the Pledge ticket. 1.7. Microcredit repayment method: lump sum or in installments, in cash to the Pawnshop's cash desk, or by bank transfer using the following details of the Pawnshop: Lombard BEK LLP BIN 090140011242 IIC KZ916010291000129735 Halyk Bank of Kazakhstan JSC BIC HSBKKZKX 1.8. Microloan repayment method: single payment at the end of the microloan term. 1.9. The procedure for calculating and the amount of the penalty (fine, penalty) for late repayment of the principal debt and payment of remuneration: 1) the amount of the penalty for late repayment of the principal debt and remuneration is calculated as a percentage of the amount of the unfulfilled / improperly fulfilled obligation for each calendar day and is indicated in the Pledge ticket; 2) the penalty is charged by the Lombard for the delay in the fulfillment of obligations from the day following the day of fulfillment of the obligations to pay the remuneration. If the Borrower redeems the Collateral Property after the expiration of the guarantee period, the penalty is charged for the entire period of delay, including the day of the Collateral Property redemption, but not more than 90 (ninety) calendar days from the date of the delay. 1.10. The order of repayment of microcredit debt. The amount of the payment made by the Borrower under the Pledge Ticket concluded with the Borrower, if it is not sufficient to fulfill the Borrower's obligation under the Pledge Ticket, repays the Borrower's debt in the following order: 1) the costs of the Pawnshop for the collection of debts of the Borrower in a forced out-of-court and judicial procedure; 2) forfeit (fine, penalties); 3) remuneration arrears; 4) principal debt. 1.11. Securing the performance by the Borrower of the return of the microcredit to the Pawnshop is: movable property of individuals intended for personal use, not prohibited for acceptance as security for the microcredit by the Pawnshop, in accordance with the current legislation of the Republic of Kazakhstan. A detailed description of the collateral property is indicated in the Pledge ticket. 1.12. Measures taken by the Pawnshop in case of non-performance or improper performance by the Borrower (Pledgor) of obligations under the agreement: Pawnshop carries out out-of-court sale of the subject of pledge after the guaranteed waiting period specified in the agreement expires. The Borrower (Pledgor), signing the agreement, expresses its consent to the out-of-court sale of the subject of pledge, including without bidding. The possibility of using the subject of pledge by the Pawnshop is limited to the out-of-court sale of the subject of pledge, including without bidding, on the grounds established by the Agreement. 1.13. In case of non-fulfillment or improper fulfillment by the Borrower of obligations under the Pledge ticket, the Lombard has the right to take the following measures: 1) demand from the Borrower the repayment of the microloan amount and the payment of remuneration and penalties; 2) to foreclose on collateral upon the expiration of the microloan repayment period, including on the basis of a notary's executive inscription; 3) after the expiration of the warranty period, to carry out an out-of-court sale of the Collateral Property, including without bidding. 1.14. Validity of the Pledge Ticket: comes into force from the moment of its signing and is valid until the full fulfillment of obligations by the Borrower. 1.15. The pawnshop is liable for the loss, preservation or damage of the pledged property, unless it proves that the loss or damage occurred due to force majeure. Lombard is also exempt from liability if the loss or damage to collateral occurred as a result of theft committed by third parties, as a result of strikes, riots, civil and military unrest, etc., but at the same time, Lombard is obliged to take all measures within his power to ensuring the safety of the pledged property. 1.16. For non-fulfillment or improper fulfillment of its obligations under this Agreement, the guilty Party shall indemnify all losses,
arising in connection with this violation and independently bears responsibility in accordance with the legislation of the Republic of Kazakhstan 1.17. The Borrower is responsible for the fulfillment of obligations under the Pledge Ticket. 1.18. Information about the postal and e-mail address of the Lombard, as well as data about its official Internet resource: postal address: Republic of Kazakhstan, Shymkent, Turkestanskaya st., 6; email address: Адрес электронной почты защищен от спам-ботов. Для просмотра адреса в вашем браузере должен быть включен Javascript. Lombard website: https://lombard-bek.kz 1.19. When the Lombard assigns the right (claim) under the Pledge ticket to a third party, the requirements and restrictions imposed by the legislation of the Republic of Kazakhstan on the relationship between the Pawnshop and the Borrower under the Pledge ticket apply to the legal relationship of the Borrower with the third party to whom the right (claim) has been assigned. 1.20. A pledge ticket is both a Microcredit Agreement and a Pledge Agreement. 1.21. The pledged property remains in the possession and storage of the Pawnshop (mortgage). Guarantee period - a period of 30 (thirty) calendar days, during which the Pawnshop undertakes to store the collateral property in the pawnshop after the expiration of the microcredit amount repayment period, without applying the right to sell the collateral property. 1.22. It is forbidden to increase the amount of microcredit under the Pledge ticket in accordance with the legislation of the Republic of Kazakhstan on microfinance activities. 1.23. All payments of the Borrower under the Pledge Ticket, including the amount of remuneration and forfeit (fine, penalty) provided for in the microcredit agreement, with the exception of the subject of the microcredit, in aggregate cannot exceed the amount of the issued microcredit for the entire validity period of the Pledge Ticket. 2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1. Rights Borrower: 1) familiarize yourself with the rules for granting microcredits, the Lombard tariffs for providing microcredits; 2) dispose of the received microcredit in the manner and on the terms established by the Pledge ticket and this Agreement; 3) in the event that the date of repayment of the principal debt and (or) remuneration falls on a weekend or holiday, pay the principal debt and (or) remuneration on the next business day without paying a penalty (fine, penalty fee);< /p> 4) ahead of schedule, fully or partially return the amount of the microcredit to the Pawnshop without paying the penalty (fine, penalty fee); 5) apply to the banking ombudsman in case of assignment by the Lombard of the right (claim) under the agreement concluded with the Borrower, to resolve disagreements with a third party; 6) apply in writing to the Lombard in case of disputes regarding the services received; 7) during the warranty period, apply to the Lombard in writing with an application for the settlement of your debt, indicating the reasons and grounds for settlement. At the same time, the written application must be signed by the Borrower in his own hand, in the presence of the Pawnshop employees; 8) protect their rights in the manner prescribed by the laws of the Republic of Kazakhstan.
2.2. Rights of the Lombard: 1) request and receive the necessary information and documents from the Borrower; 2) refuse to issue a microcredit without explanation; 3) demand early repayment of the microcredit amount and interest on it if the Borrower violates the deadline set for the return of the next part of the microcredit and (or) payment of remuneration for more than forty calendar days; 4) assign the right (claim) under the Pledge ticket to the persons specified by the legislation on microfinance activities without the consent of the Borrower; 5) at the request of the Borrower, transfer a microcredit to a third party through second-tier banks in order to pay for goods, works or services; 6) change the conditions of the Pledge Ticket unilaterally in the direction of their improvement for the Borrower; 7) to exercise other rights established by the Law on Microfinance Activities, other laws of the Republic of Kazakhstan and the Pledge Ticket.
2.3. The pawnshop must: 1) inform the Borrower about his rights and obligations related to obtaining a microloan; 2) accept the fulfillment of obligations from the Borrower; 3) issue to the Borrower a document confirming the fulfillment of obligations and immediately return the Collateral property in accordance with the Pledge ticket after the Borrower fulfills its obligations to the Pawnshop; 4) notify the Borrower (or his authorized representative) when issuing a Pledge Ticket containing the conditions for the transfer of the right (claim) of the organization under the Pledge Ticket to a third party (hereinafter referred to as the contract of assignment of the right to claim): - before concluding an agreement on the assignment of the right to claim on the possibility of transferring rights (claims) to a third party, as well as on the processing of the Borrower's personal data in connection with such an assignment in the manner provided for in the Pledge ticket; - on the transfer of the right (claim) to a third party in the manner provided for in the Pledge ticket, within thirty calendar days from the date of conclusion of the contract for the assignment of the right to claim, indicating the purpose further payments to repay the microcredit to a third party (name and location of the person to whom the right (claim) was transferred under the agreement), the full amount of transferred rights (claims), as well as balances of overdue and current amounts of the principal debt, remuneration, forfeit (fine , penalties) and other amounts payable by the Borrower; 5) provide a written response to the Borrower in the event of disputes regarding the services received within the time limits established by Article 8 of the Law of the Republic of Kazakhstan dated January 12, 2007 “On the Procedure for Considering Appeals from Individuals and Legal Entities”; 6) notify the Borrower of changes in the conditions of the Pledge Ticket, if the Pawnshop applies improved conditions in the manner prescribed in the Pledge Ticket; 7) in the event of a change in location or change in name, notify the authorized body, as well as borrowers (applicants) in writing about this by publishing the relevant information in two printed publications in Kazakh and Russian at the location of the Pawnshop, as well as at the legal address of the borrower (applicant) - an individual or by written notification of each borrower (applicant) no later than thirty calendar days from the date of such changes; 8) place a copy of the rules for granting microcredits in a place accessible for review and familiarization by the borrower (applicant) of the Pawnshop, including on the Pawnshop's Internet resource; 9) provide the applicant with complete and reliable information about payments related to the receipt, maintenance and repayment (repayment) of a microcredit; 10) observe the secrecy of the provision of microcredit; 11) comply with other requirements established by the Law on Microfinance Activities and other legislation of the Republic of Kazakhstan.
2.4. The borrower must: 1) return the received microcredit and pay remuneration on it in the terms and in the manner established by the Pledge ticket; 2) provide the necessary information and documents at the request of the Pawnshop; 3) reimburse the Lombard for the costs of returning the microcredit amount; 4) immediately notify Lombard in writing of changes in their personal data, as well as of any circumstances affecting the fulfillment of their obligations; 5) indisputably compensate the Lombard for damages resulting from the seizure and / or seizure of the pledged property by state, including law enforcement and other bodies; 6) when changing your identity card (passport), place of residence, mobile phone number, email address, as well as changing other information specified in the questionnaire - application for a microcredit, contact details / details no later than 3 ( three) business days from the date of such change, send a notice to the Lombard; 7) fulfill other requirements, as well as bear responsibility established by the Pledge ticket, the legislation on microfinance activities and the civil legislation of the Republic of Kazakhstan. 3. RESTRICTIONS FOR THE PAWNSHOP ARE PROVIDED 1) unilateral changes in the interest rate (except for cases of their reduction) and (or) the method and method of microcredit repayment; 2) establishment and collection of any payments from the Borrower, with the exception of remuneration and forfeit (fine, penalty fee) for microcredit; 3) a demand from the Borrower who has repaid the amount of the microcredit, the penalty (fine, penalty) and other payments for the early repayment of the microcredit to the Pawnshop ahead of schedule; 4) increase in the amount of microcredit on the Pledge ticket; 5) collection of a penalty (fine, penalty) if the date of repayment of the principal debt or remuneration falls on a weekend or holiday, and payment of the interest or principal debt is made on the next business day; 6) indexation of the obligation and payments under the microcredit under the Pledge ticket issued in tenge, with reference to any currency equivalent; 7) use and disposal of the Collateral Property, except for the cases provided for by the Pledge Ticket; 8) conclusion of an agreement with third parties, the subject of which is the provision of services for pre-trial collection and settlement of debt, as well as the collection of information related to the debt of the borrower (hereinafter referred to as the debt collection agreement), except for the cases of concluding such an agreement with collection agency; 9) during the period when the debt is on pre-trial collection and settlement with the collection agency, file a claim with the court for debt collection, demand payment of remuneration for the period the debt is in the work of the collection agency, and also charge a penalty (fine, penalty) during the specified period ) for late repayment of principal and remuneration.
4. PROCEDURE FOR AMENDING THE TERMS AND CONDITIONS OF THE POLLUTION TICKET AND THE AGREEMENT OF ACCESSION 4.1. When changing the terms of the microcredit, entailing a change in the amount (size) of the Borrower's financial obligations and (or) the term for their payment, the Parties sign an additional agreement. 4.2. In case of partial early repayment of a microcredit, the subsequent amount of remuneration is recalculated to the balance of the principal debt, and an Additional Agreement is issued to the Borrower. 4.3. The Pledge ticket can be extended by the Pawnshop (at the discretion of the Pawnshop, which may refuse to extend the term without giving reasons), subject to payment by the Borrower (including a third party upon presentation of an identity document and the Pledge ticket, as well as by notifying the Pawnshop by sending SMS message or sending an e-mail message) remuneration to the Lombard for the used days of the loan, while maintaining the conditions for granting a microcredit. At the same time, the total period for granting a microcredit cannot exceed 12 (twelve) months from the date of receipt of the microcredit. 4.4. Pawnshop has the right to make changes and additions to the Accession Agreement, which come into effect from the day they are published on the Pawnshop website: https://lombard-bek.kz unless they provide otherwise, and apply to Pledge Tickets concluded after their entry into force. 4.5. Prior to the entry into force of amendments and additions to the Accession Agreement, such amendments and additions shall apply in the event that additional agreements are concluded between the Pawnshop and the Borrower to the Pledge Tickets. 4.6. The Parties may amend the terms of the Accession Agreement by concluding an additional agreement to the Pledge Ticket. Such changes will apply to the relations of the Parties from this Pledge Ticket.
5.OTHER TERMS 5.1. By signing the Pledge Ticket, the Borrower gives unconditional written consent to the Pawnshop for the collection and processing and use of the Borrower's personal data (including the collection, processing and storage on paper and / or in electronic format in the arrays and / or databases of the Pawnshop), as well as providing information about The borrower to the credit bureau, with which the Pawnshop has concluded an agreement on the provision of information to the internal affairs authorities, and the issuance of a credit report from the credit bureau, including data that will be received in the future, to the Pawnshop and the internal affairs authorities. 5.2. The Parties hereby agree and acknowledge that any notices from the Pawnshop to the Borrower, including notices of auctions of collateral, shall be deemed duly executed and delivered to the Borrower when such notices are sent by one of the following methods at the discretion of the Pawnshop: - in the form of a text message to the Borrower's mobile number specified in the Pledge ticket and/or; - to the e-mail address specified in the Pledge Ticket and/or; - at the place of residence specified in the Pledge ticket, by registered mail with notification of its delivery, including received by one of the adult family members residing at the specified address and/or - by serving the notification directly to the Borrower. If the notification is returned with a note about the impossibility of delivering it to the addressee, recipient, or in connection with a refusal to accept it, as well as no confirmation of its acceptance using another means of communication specified in this subparagraph, the notification is considered to be sent properly.< /p> 5.3.Insurance of the Collateral Property is not required. 5.4. The Borrower agrees that if the Collateral Property is sold at a price lower than the appraised value to cover the losses of the Pawnshop due to the non-return of the microcredit amount, the Borrower will not have any claims against the Pawnshop. 5.5. The Pledge ticket is terminated in connection with the sale of the Pledged property or the transfer of such property into the ownership of the Pawnshop. 5.6. The pledge ticket is drawn up in Kazakh and Russian languages in 2 (two) copies, one copy in Kazakh and one copy in Russian for each of the Parties. In case of discrepancies in the texts, the Parties agreed to be guided by the text in Russian. 5.7. Relations between the Lender and the Borrower, not regulated by the Pledge Ticket and the Accession Agreement, are governed by the legislation of the Republic of Kazakhstan. |
Accession agreement over 50 MCI
Application to the decision of the Sole Member LOMBARD BEK LLP No.7 November 26, 2020
Standard conditions of a microcredit agreement (Accession Agreement) Published on the website of LLP Lombard BEK https://lombard-bek.kz
These standard conditions for the provision of a microcredit (hereinafter referred to as the Accession Agreement) were developed by Lombard BEK LLP for use when concluding an agreement on the provision of a microcredit in the manner prescribed by Article 389 of the Civil Code of the Republic of Kazakhstan, and determine the standard terms of the Agreement on the provision of a microcredit in accordance with The Law of the Republic of Kazakhstan dated November 26, 2012 "On Microfinance Activities". Agreement with the application of standard conditions is concluded by signing between Lombard BEK LLP and the borrower (hereinafter referred to as the Borrower) a pledge ticket containing individual conditions for granting a microcredit (hereinafter referred to as the Pledge ticket) and submitting an application for a microcredit by the Borrower. The Pledge Ticket and the Accession Agreement are integral parts of each other and constitute a single document and are hereinafter collectively referred to as the Agreement. The concept of "agreement" used in the Pledge Ticket and the Accession Agreement refers both to the content of the Pledge Ticket and equally to the content of the Accession Agreement.
1. GENERAL CONDITIONS 1.1. In accordance with the Accession Agreement and the Pledge Ticket, Pawnshop BEK LLP (hereinafter referred to as Pawnshop) provides the Borrower (Pledger) - a microloan for an individual secured by movable property for personal use (hereinafter referred to as the "subject of pledge" or "collateral property"), established by the Accession Agreement and the Pledge Ticket. 1.2. The amount of the microcredit and other individual conditions for granting the microcredit are determined by the Pledge ticket. The maximum amount provided for one microcredit does not exceed eight thousand times the minimum calculation index established for the corresponding financial year by the law on the republican budget. It is prohibited to increase the amount of microcredit under the Agreement. 1.3. Information about the purpose of using microcredit: consumer. 1.4. Microcredit is provided by issuing cash at the Pawnshop cash desk on the day of signing the Pledge ticket after accepting the pledged item. 1.5. The deadline for granting a microcredit is no more than 12 (twelve) calendar months from the date of granting a microcredit and is indicated in the Pledge ticket. The contract is accompanied by a microcredit repayment schedule signed by its parties, which is its integral part, in the form established by the regulatory legal act of the authorized body. 1.6. Microcredit repayment method: lump sum or in installments, in cash to the Pawnshop's cash desk, or by bank transfer using the following details of the Pawnshop: Lombard BEK LLP BIN: 090140011242 IIC: KZ916010291000129735 Halyk Bank of Kazakhstan JSC NIC: HSBKKZKX 1.7. Method of repayment (repayment) by the Borrower of the amount of the microcredit and the payment of remuneration is made at the choice of the Borrower by the following methods of repayment: - the method of differentiated payments, in which the repayment of microcredit debt is carried out in decreasing payments, including equal amounts of payments on the principal debt and the remuneration accrued for the period on the balance of the principal debt; - the method of annuity payments, in which the repayment of microcredit debt is carried out in equal payments throughout the entire term of the microcredit, including increasing payments on the principal debt and decreasing payments on interest accrued for the period on the balance of the principal debt. The size of the first and last payments may differ from others; -additional method (one-time payment) - in which the repayment of the principal debt and remuneration is made at the end of the validity period of the Pledge ticket (if this is provided for by the Rules for the provision of microcredits). The repayment method chosen by the Borrower is indicated in the Microloan Repayment Schedule, which is an Appendix to the Pledge Ticket. 1.8. The procedure for calculating and the amount of the penalty (fine, penalty) for late repayment of the principal debt and payment of remuneration: 1) the amount of the penalty for late repayment of the principal debt and remuneration is calculated as a percentage of the amount of the unfulfilled / improperly fulfilled obligation for each calendar day and is indicated in the Pledge ticket; 2) the penalty is charged by the Lombard for the delay in the fulfillment of obligations from the day following the day of fulfillment of the obligations to pay the remuneration. If the Borrower redeems the Collateral Property after the expiration of the guarantee period, the penalty is charged for the entire period of delay, including the day of the Collateral Property redemption, but not more than 90 (ninety) calendar days from the date of the delay. 1.9. The order of repayment of microcredit debt. The amount of the payment made by the Borrower under the Pledge Ticket concluded with the Borrower, if it is not sufficient to fulfill the Borrower's obligation under the Pledge Ticket, repays the Borrower's debt in the following order: 1) the costs of the Pawnshop for the collection of debts of the Borrower in a forced out-of-court and judicial procedure; 2) forfeit (fine, penalties); 3) remuneration arrears; 4) principal debt. 1.10. Securing the performance by the Borrower of the return of the microcredit to the Pawnshop is: movable property of individuals intended for personal use, not prohibited for acceptance as security for the microcredit by the Pawnshop, in accordance with the current legislation of the Republic of Kazakhstan. A detailed description of the collateral property is indicated in the Pledge ticket. 1.11. Measures taken by the Pawnshop in case of non-performance or improper performance by the Borrower (Pledgor) of obligations under the agreement: Pawnshop carries out out-of-court sale of the subject of the pledge after the guaranteed waiting period specified in the agreement has expired. The Borrower (Pledger), by signing the Pledge ticket, expresses his consent to the out-of-court sale of the subject of pledge, including without bidding. The possibility of using the subject of pledge by the Pawnshop is limited to the out-of-court sale of the subject of pledge, including without bidding, on the grounds established by this Agreement. 1.12. In case of non-fulfillment or improper fulfillment by the Borrower of obligations under the Pledge ticket, the Lombard has the right to take the following measures: 1) demand from the Borrower the repayment of the microloan amount and the payment of remuneration and penalties; 2) to foreclose on collateral upon the expiration of the microloan repayment period, including on the basis of a notary's executive inscription; 3) after the expiration of the warranty period, to carry out an out-of-court sale of the Collateral Property, including without bidding. 1.13. Validity of the Pledge Ticket: comes into force from the moment of its signing and is valid until the full fulfillment of obligations by the Borrower. 1.14. The pawnshop is liable for the loss, preservation or damage of the pledged property, unless it proves that the loss or damage occurred due to force majeure. Lombard is also exempt from liability if the loss or damage to collateral occurred as a result of theft committed by third parties, as a result of strikes, riots, civil and military unrest, etc., but at the same time, Lombard is obliged to take all measures within his power to ensuring the safety of the pledged property. 1.15. For non-fulfillment or improper fulfillment of its obligations under this Agreement, the guilty Party shall reimburse all losses incurred in connection with this violation and shall be independently liable in accordance with the legislation of the Republic of Kazakhstan. 1.16. The Borrower is responsible for the fulfillment of obligations under the Pledge Ticket. 1.17. Information about the postal and e-mail address of the Lombard, as well as data about its official Internet resource: mailing address: RK, Shymkent, Turkestanskaya street, 6; email address: Адрес электронной почты защищен от спам-ботов. Для просмотра адреса в вашем браузере должен быть включен Javascript. ; Lombard website: https://lombard-bek.kz 1.18. When the Lombard assigns the right (claim) under the Pledge ticket to a third party, the requirements and restrictions imposed by the legislation of the Republic of Kazakhstan on the relationship between the Pawnshop and the Borrower under the Pledge ticket apply to the legal relationship of the Borrower with the third party to whom the right (claim) has been assigned. 1.19. A pledge ticket is both a Microcredit Agreement and a Pledge Agreement. 1.20. The pledged property remains in the possession and storage of the Pawnshop (mortgage). Guarantee period - a period of 30 (thirty) calendar days, during which the Pawnshop undertakes to store the collateral property in the Pawnshop after the expiration of the microcredit amount repayment period, without applying the right to sell the collateral property. 1.21. It is forbidden to increase the amount of microcredit under the Pledge ticket in accordance with the legislation of the Republic of Kazakhstan on microfinance activities.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1Borrower Rights: 1) familiarize yourself with the rules for granting microcredits, the Lombard tariffs for providing microcredits; 2) dispose of the received microcredit in the manner and on the terms established by the Pledge Ticket; 3) in the event that the date of repayment of the principal debt and (or) remuneration falls on a weekend or holiday, pay the principal debt and (or) remuneration on the next business day without paying a penalty (fine, penalty fee);< /p> 4) ahead of schedule, fully or partially return the amount of the microcredit to the Pawnshop without paying the penalty (fine, penalty fee); 5) apply to the banking ombudsman in case of assignment by the Lombard of the right (claim) under the agreement concluded with the Borrower, to resolve disagreements with a third party; 6) apply in writing to the Lombard in case of disputes regarding the services received; 7) during the warranty period, apply to the Pawnshop in writing with a statement containing information about the reasons for the delay in fulfilling the obligations under the Pledge Ticket, income and other confirmed circumstances (facts) that cause his application to amend the conditions of the Pledge Ticket. In this case, a written application must be signed by the Borrower in his own hand in the presence of the Pawnshop employees; 8) protect their rights in the manner prescribed by the laws of the Republic of Kazakhstan.
2.2. Rights of the Lombard: 1) request and receive the necessary information and documents from the Borrower; 2) refuse to issue a microcredit without explanation; 3) demand early repayment of the microcredit amount and interest on it if the Borrower violates the deadline set for the return of the next part of the microcredit and (or) payment of remuneration for more than forty calendar days; 4) assign the right (claim) under the Pledge ticket to the persons specified by the legislation on microfinance activities without the consent of the Borrower; 5) at the request of the Borrower, transfer a microcredit to a third party through second-tier banks in order to pay for goods, works or services; 6) change the conditions of the Pledge Ticket unilaterally in the direction of their improvement for the Borrower; 7) collect the debt, including the principal debt, remuneration and forfeit (fine, penalty), on the basis of the notary's executive inscription without obtaining the consent of the borrower in the following cases: - the Borrower's failure to apply to the Lombard to settle the debt by agreement of the parties and the Borrower's failure to submit an application for the debt within thirty calendar days from the date of the delay in fulfilling the obligation; - failure to reach an agreement on debt settlement based on the results of consideration of the Borrower's application and the Borrower's failure to submit objections to the debt; 8) exercise other rights established by the Law on Microfinance Activities, other laws of the Republic of Kazakhstan and the Pledge Ticket.
2.3. The pawnshop must: 1) inform the Borrower about his rights and obligations related to obtaining a microloan 2) accept the fulfillment of obligations from the Borrower; 3) issue to the Borrower a document confirming the fulfillment of obligations and immediately return the Collateral property in accordance with the Pledge ticket after the Borrower fulfills its obligations to the Pawnshop; 4) notify the Borrower (or his authorized representative) when issuing a Pledge Ticket containing the conditions for the transfer of the right (claim) of the organization under the Pledge Ticket to a third party (hereinafter referred to as the contract of assignment of the right to claim): - before concluding an agreement on the assignment of the right to claim on the possibility of transferring rights (claims) to a third party, as well as on the processing of the Borrower's personal data in connection with such an assignment in the manner provided for in the Pledge ticket; - on the transfer of the right (claim) to a third party in the manner provided for in the Pledge ticket, within thirty calendar days from the date of conclusion of the contract for the assignment of the right to claim, indicating the appointment of further payments to repay the microcredit to a third party (name and location of the person to whom the right (claim) under the agreement), the full amount of transferred rights (claims), as well as balances of overdue and current amounts of the principal debt, remuneration, forfeit (fine, penalty) and other amounts payable by the Borrower; 5) provide a written response to the Borrower in the event of disputes regarding the services received within the time limits established by Article 8 of the Law of the Republic of Kazakhstan dated January 12, 2007 “On the Procedure for Considering Appeals from Individuals and Legal Entities”; 6) notify the Borrower of the change in the conditions of the Pledge Ticket, if the Pawnshop applies improved conditions in the manner provided for in the Pledge Ticket; 7) attach to the Pledge Ticket the Microcredit Repayment Schedule signed by the Parties; 8) in the event of a change in location or name change, notify the authorized body, as well as borrowers (applicants) in writing about this by publishing relevant information in two printed publications in Kazakh and Russian at the location of the Pawnshop, as well as at the legal address of the borrower (applicant) - an individual or by written notification of each borrower (applicant) no later than thirty calendar days from the date of such changes; 9) place a copy of the rules for granting microcredits in a place accessible for review and familiarization by the borrower (applicant) of the Pawnshop, including on the Pawnshop's Internet resource; 10) provide the applicant with complete and reliable information about payments related to the receipt, maintenance and repayment (repayment) of a microcredit; 11) observe the secrecy of the provision of microcredit; 12) If the Borrower overdue obligations to repay the microcredit, the amount of which exceeds one hundred monthly calculation indices,send to the Borrower in the manner specified in paragraph 5.1 of this Agreement, notifications of the delay in fulfilling obligations . At the same time, a notification in the form in accordance with the Appendix to this Agreement must be sent to the Borrower no later than 15 (fifteen) calendar days from the date of the delay and must contain indications of the following: 1) the need to make payments under the Pledge ticket indicating the amount of overdue debt, including the principal debt, remuneration and forfeit (fine, penalty) as of the date specified in the notice; 2) the possibility of settling the debt by agreement of the parties within thirty calendar days from the date of the delay in fulfilling the obligation under the Pledge ticket by applying the Borrower to the Lombard in the manner provided for in this Agreement, with a statement containing information about the reasons for the delay in fulfilling the obligation under the Pledge ticket , income and other confirmed circumstances (facts), which condition his application to amend the conditions of the Pledge Ticket; 3) the consequences of the Borrower's failure to fulfill its obligations under the Pledge Ticket, including the right of the Pawnshop to recover the debt, including the principal debt, remuneration and forfeit (fine, penalty) on the basis of a notary's writ of execution without obtaining the consent of the borrower-individual, in case of failure to apply to the Lombard within thirty calendar days from the date of the delay in fulfilling the obligation or failure to reach an agreement with the Borrower to settle the debt; 13) consider, within fifteen calendar days after the date of receipt of the Borrower's application, the proposed changes to the conditions of the Pledge Ticket and inform the Borrower in writing by any of the methods specified in paragraph 5.2. of this Agreement, on consent, their proposals for the settlement of debt or a reasoned refusal; 14) comply with other requirements established by the Law on Microfinance Activities and other legislation of the Republic of Kazakhstan.
2.4. The borrower must: 1) return the received microcredit and pay remuneration on it in the terms and in the manner established by the Pledge ticket; 2) provide the necessary information and documents at the request of the Pawnshop; 3) reimburse the Lombard for the costs of returning the microcredit amount; 4) immediately notify Lombard in writing of changes in their personal data, as well as of any circumstances affecting the fulfillment of their obligations; 5) indisputably compensate the Lombard for damages resulting from the seizure and / or seizure of the pledged property by state, including law enforcement and other bodies; 6) If you change your identity card (passport), place of residence, mobile phone number, email address, as well as change other information specified in the application form for a microcredit, contact details / details no later than 3 ( three) business days from the date of such change, send a notice to the Lombard; 7) fulfill other requirements, as well as bear responsibility established by the Pledge ticket, the legislation on microfinance activities and the civil legislation of the Republic of Kazakhstan.
3. RESTRICTIONS FOR THE PAWNSHOP ARE PROVIDED
1) unilateral changes in the interest rate (except for cases of their reduction) and (or) the method and method of microcredit repayment; 2) establishment and collection of any payments from the Borrower, with the exception of remuneration and forfeit (fine, penalty fee) for microcredit; 3) a demand from the Borrower who has repaid the amount of the microcredit, the penalty (fine, penalty) and other payments for the early repayment of the microcredit to the Pawnshop ahead of schedule; 4) increase in the amount of microcredit on the Pledge ticket; 5) collection of a penalty (fine, penalty) if the date of repayment of the principal debt or remuneration falls on a weekend or holiday, and payment of the interest or principal debt is made on the next business day; 6) indexation of the obligation and payments under the microcredit under the Pledge ticket issued in tenge, with reference to any currency equivalent; 7) use and disposal of the Collateral Property, except for the cases provided for by the Pledge Ticket; 8) conclusion of an agreement with third parties, the subject of which is the provision of services for pre-trial debt collection and settlement, as well as the collection of information related to the debt of the borrower (hereinafter referred to as the debt collection agreement), except when such an agreement is concluded with collection agency; 9) while the debt is on pre-trial collection and settlement with the collection agency, file a claim with the court for debt collection, demand payment of remuneration for the period the debt is in work with the collection agency, and also charge a penalty (fine, penalty) during the specified period ) for late repayment of principal and remuneration.
4. PROCEDURE FOR INTRODUCING CHANGES TO THE TERMS AND CONDITIONS OF THE SECURITY TICKET AND ACCESSION AGREEMENT
4.1. When changing the terms of the microcredit, entailing a change in the amount (size) of the Borrower's monetary obligations and (or) the term for their payment, the Pawnshop draws up and issues to the Borrower a new microcredit repayment schedule, taking into account the new conditions. 4.2. In case of partial early repayment of the microcredit, the subsequent amount of remuneration is recalculated to the balance of the principal debt, and the Borrower is issued an Additional Agreement. 4.3. The Pawn Ticket can be extended by the Pawnshop (at the discretion of the Pawnshop, which may refuse to extend the period without giving reasons), subject to payment by the Borrower (including a third party upon presentation of an identity document and the Pledge Ticket, as well as by notifying the Pawnshop by sending SMS message or sending an e-mail message) remuneration to the Lombard for the used days of the loan, while maintaining the conditions for granting a microcredit. At the same time, the total period for granting a microcredit cannot exceed 12 (twelve) months from the date of receipt of the microcredit. 4.4. Pawnshop has the right to make changes and additions to the Accession Agreement, which come into effect from the day they are published on the Pawnshop website: https://lombard-bek.kz unless they provide otherwise, and apply to Pledge Tickets concluded after their entry into force. 4.5. Prior to the entry into force of amendments and additions to the Accession Agreement, such amendments and additions shall apply in the event that additional agreements are concluded between the Pawnshop and the Borrower to the Pledge Tickets. 4.6. The Parties may amend the terms of the Accession Agreement by concluding an additional agreement to the Pledge Ticket. Such changes will apply to the relations of the Parties from this Pledge Ticket.
5.OTHER TERMS 5.1. By signing the Pledge Ticket, the Borrower gives unconditional written consent to the Pawnshop for the collection and processing and use of the Borrower's personal data (including the collection, processing and storage on paper and / or in electronic format in the arrays and / or databases of the Pawnshop), as well as providing information about The borrower to the credit bureau, with which the Pawnshop has concluded an agreement on the provision of information to the internal affairs authorities, and the issuance of a credit report from the credit bureau, including data that will be received in the future, to the Pawnshop and the internal affairs authorities. 5.2. The Parties hereby agree and acknowledge that any notices from the Pawnshop to the Borrower, including notices of auctions of collateral, shall be deemed duly executed and delivered to the Borrower when such notices are sent by one of the following methods at the discretion of the Pawnshop: - in the form of a text message to the Borrower's mobile number specified in the Pledge ticket and/or; - to the e-mail address specified in the Pledge Ticket and/or; - at the place of residence specified in the Pledge ticket, by registered mail with notification of its delivery, including received by one of the adult family members residing at the specified address and/or - by serving the notification directly to the Borrower. If the notification is returned with a note about the impossibility of delivering it to the addressee, recipient, or in connection with a refusal to accept it, as well as no confirmation of its acceptance using another means of communication specified in this subparagraph, the notification is considered to be sent properly.< /p> 5.3. Collateral insurance is not required. 5.4. The Borrower agrees that if the Collateral Property is sold at a price lower than the appraised value to cover the losses of the Pawnshop due to the non-return of the microcredit amount, the Borrower will not have any claims against the Pawnshop. 5.5. The Pledge ticket is terminated in connection with the sale of the Pledged property or the transfer of such property into the ownership of the Pawnshop. 5.6. The pledge ticket is drawn up in Kazakh and Russian languages in 2 (two) copies, one copy in Kazakh and one copy in Russian for each of the Parties. In case of discrepancies in the texts, the Parties agreed to be guided by the text in Russian. 5.7. Relations between the Lender and the Borrower, not regulated by the Pledge Ticket and the Accession Agreement, are governed by the legislation of the Republic of Kazakhstan.
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