From February 19, 2024, a new version of the Public Offer for the conclusion of a Comprehensive banking Service Agreement for a legal entity/individual entrepreneur will enter into force

6 February 2024

Dear customers!  

We inform you that from February 19, 2024, a new version of the Public Offer for the conclusion of a Comprehensive Banking Service Agreement for a legal entity/individual entrepreneur will enter into force. 

The basis for making additions is to provide an opportunity for legal entities/individual entrepreneurs to send online applications through the MBusiness application for the Business Overdraft loan product.

The following items have been added:

 

Current edition:

New edition:

 

  1. TERMS AND DEFINITIONS

 

A business overdraft is a form of short-term loan provided to the Borrower's card account, which allows the Borrower to make payments in excess of the amount available on the card account within the limit and on the terms stipulated in the agreement between the Bank and the Borrower.

 

  1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

Acceptance of the Offer by the client means acceptance of this Offer and the terms of processing of the client's personal data, namely:

-to receive a loan product on the terms provided by the Bank;
-on the terms of use of an electronic signature in the MBusiness service, etc.;
-on the collection and processing of personal data;
-to check and transfer credit history information to credit bureaus (Appendix 3);
-consent to sign a standard form of Consent of personal data subjects for the collection and processing of their personal data, as well as information constituting a tax secret (Appendix 4);
-consent to the signing of the application (Consent/Withdrawal) of the subject for the collection and processing of his personal data (Appendix 11);
-consent to sign the standard form of consent of the personal data subject to the collection and processing of his personal data (Appendix 12);
-consent to sign the standard form of consent of the personal data subject to the collection and processing of his personal data in the STS at the Ministry of Finance of the Kyrgyz Republic (Appendix 13);
-consent to the provision of the right to the Borrower's settlement/card account as collateral (Appendix 14);
-consent to the provision of movable property as collateral (Appendix No. 15);
- to obtain information about him within the framework of the Contract, from any legally acting authorities;
- for the collection and processing of personal data, including in the Department of Population Registration and Acts of Civil Status under the Ministry of Digital Development of the Kyrgyz Republic and other government agencies and other organizations;
- to be photographed by an employee of the Bank and further use of the client's photo in accordance with the legislation of the Kyrgyz Republic;
- to conduct credit scoring, for which it is necessary for the Bank to obtain confidential information about it (including personal data) from all legitimate sources and for the Bank to disseminate the specified information;
- for the Bank to carry out preliminary credit scoring and provide the Bank with an offer for the Bank's credit products without contacting the Bank at the location of the Bank or a branch of the Bank;
- at the discretion of the Bank, at the expense of the loan product issued, unilaterally refinance the client's current loans in the Bank, regardless of the period of their use;
- to bear the costs associated with data collection (credit bureaus) for obtaining a credit product and other expenses incurred at any stage of the application review;
-to withhold/transfer funds to repay the debt (contribution) on the client's credit product. If the day of deduction/transfer falls on a holiday and/or a day off, then the next business day will be considered the day of transfer;
-at the discretion of the Bank, to provide the right to the Borrower's settlement/card account as collateral, in order to repay the loan. The procedure for accepting funds as collateral is carried out on a monthly basis, by withholding incoming and/or existing funds in the Pledgor's account in a non-acceptance manner to repay the debt on the loan product opened with the Pledgee in the amount of a monthly contribution according to the Repayment Schedule;
-at the discretion of the Bank, to provide the purchased goods as collateral in installments from the Bank's Partner;
consent to the assignment of the rights of claim under the Contract (Appendix No. 16);
-to debit funds from any bank accounts of the client in a non-acceptance manner to repay the debt on the loan product and interest on it;
-to set/change the monthly repayment of the loan product by the Bank to another date, depending on the monthly date of receipt by the client of any other receipts in order to prevent delays in the loan product;
- to reimburse all expenses incurred by the Bank related to debt repayment.

 

Acceptance of the Offer by the client means acceptance of this Offer and the terms of processing of the client's personal data, namely:

-to receive a loan product on the terms provided by the Bank;
-on the terms of use of an electronic signature in the MBusiness service, etc.;
-on the collection and processing of personal data;
to verify and transfer credit history information to credit bureaus (Appendix 3);
-consent to sign a standard form of Consent of personal data subjects for the collection and processing of their personal data, as well as information constituting a tax secret (Appendix 4);
-consent to the signing of the application (Consent/Withdrawal) of the subject for the collection and processing of his personal data (Appendix 11);
-consent to sign the standard form of consent of the personal data subject to the collection and processing of his personal data (Appendix 12);
-consent to sign the standard form of consent of the personal data subject to the collection and processing of his personal data in the STS at the Ministry of Finance of the Kyrgyz Republic (Appendix 13);
-consent to the provision of the right to the Borrower's settlement/card account as collateral (Appendix 14);
consent to the provision of movable property as collateral (Appendix No. 15);
- to obtain information about him within the framework of the Contract, from any legally acting authorities;
- for the collection and processing of personal data, including in the Department of Population Registration and Acts of Civil Status under the Ministry of Digital Development of the Kyrgyz Republic and other government agencies and other organizations;
- to be photographed by an employee of the Bank and further use of the client's photo in accordance with the legislation of the Kyrgyz Republic;
- to conduct credit scoring, for which it is necessary for the Bank to obtain confidential information about it (including personal data) from all legitimate sources and for the Bank to disseminate the specified information;
- for the Bank to carry out preliminary credit scoring and provide the Bank with an offer for the Bank's credit products without contacting the Bank at the location of the Bank or a branch of the Bank;
- at the discretion of the Bank, at the expense of the loan product issued, unilaterally refinance the client's current loans in the Bank, regardless of the period of their use;
- to bear the costs associated with data collection (credit bureaus) for obtaining a credit product and other expenses incurred at any stage of the application review;
-to withhold/transfer funds to repay the debt (contribution) on the client's credit product. If the day of deduction/transfer falls on a holiday and/or a day off, then the next business day will be considered the day of transfer;
-at the discretion of the Bank, to provide the right to the Borrower's settlement/card account as collateral, in order to repay the loan. The procedure for accepting funds as collateral is carried out on a monthly basis, by withholding incoming and/or existing funds in the Pledgor's account in a non-acceptance manner to repay the debt on the loan product opened with the Pledgee in the amount of a monthly contribution according to the Repayment Schedule;
-at the discretion of the Bank, to provide the purchased goods as collateral in installments from the Bank's Partner;
consent to the assignment of the rights of claim under the Contract (Appendix No. 16);
-to debit funds from any bank accounts of the client in a non-acceptance manner to repay the debt on the loan product and interest on it;
-to set/change the monthly repayment of the loan product by the Bank to another date, depending on the monthly date of receipt by the client of any other receipts in order to prevent delays in the loan product;
- to reimburse all expenses incurred by the Bank related to debt repayment.
-to close access to the business overdraft limit;
-to increase/opening of a new business overdraft by the Bank with termination of the terms of the current business overdraft agreement;
-for the Bank to carry out automatic prolongation of terms for business overdrafts;

 

  1.  
  2. 3. Registration, conditions, issuance and repayment of loans in non-cash/cash form, by crediting to a card account and/or transferring to a Partner's account, or remotely through the MBusiness service, etc.

 

3.7 After the Client has familiarized himself with the Agreement and accepted the terms by confirming or performing other actions specified by the Bank, this Agreement is considered concluded using an electronic signature that complies with the requirements of the legislation of the Kyrgyz Republic.

3.8 In case of incomplete payment of the amount to be repaid, the deposited part is distributed by the order of payments in accordance with the legislation of the Kyrgyz Republic.

 

    1.  Business overdraft:
      1. It is issued within the approved limit in non-cash form, gives the client the opportunity to perform expenditure operations within its limits in excess of the amount of the balance of their own funds on the borrower's card account in case of their absence or insufficiency.
      2. The minimum amount of the limit is 3,000 (three thousand) SOM.
      3.The maximum amount of the limit is 5,000,000 (five million) SOM.
      4. Commissions - according to the approved tariffs of the Bank for the loan product.
      5. The interest for using the Business overdraft is 32 (thirty-two)% per annum (The interest rate may not correspond during the period of the promotion).
      6.A change in the sales tax rate in accordance with the legislation of the Kyrgyz Republic leads to a change in the interest rate on a Business overdraft from the moment of entry of the corresponding changes in the amount of tax paid by the borrower, which does not require signing an additional agreement to this Agreement.
      7. The borrower has the right to receive an unlimited number of loans (tranches) within the business overdraft limit, the total balance of which should not exceed the total amount of the business overdraft limit.
      8. Tranches within the established business overdraft limit are received automatically when the payment amount exceeds the balance of own funds on the borrower's card account.
      9. The concept of business overdraft debt includes the amount of the principal debt to be refunded, the amount of accrued but unpaid interest and arrears on other payments provided for in this Agreement.
      10.The countdown for the provision of tranches within the framework of a business overdraft begins from the date of receipt of each tranche amount in accordance with clause 3.7.7 of this Agreement.
      11. The loan term is up to 12 (twelve) months with the possibility of automatic prolongation at the discretion of the Bank.
      12. The business overdraft availability period is less than one month from the overdraft period.
      13. If the borrower assumes late payments on a business overdraft, a penalty is charged for the amount of overdue payment (overdue principal debt and overdue interest). The penalty is equal to the interest rate on the business overdraft. At the same time, the amount of interest accrued for the entire period of validity of the business overdraft should not exceed 20 percent of the amount of the issued business overdraft.
      14. Repayment of the principal amount of the business overdraft is made automatically without acceptance due to receipts to the borrower's card account. The business overdraft is renewable. The borrower is free to repay and reuse the business overdraft within the available limit.
      15.Repayment of interest on a business overdraft - repayment of interest payments on a business overdraft occurs automatically without acceptance due to receipts to the borrower's card account, but at least once a month.
      16. Interest accrual for the use of tranches within the framework of a business overdraft is carried out daily on the actual balance of debt for the actual number of days of using credit facilities. The countdown of the interest accrual period for the use of the received tranches begins from the date of occurrence of arrears on the principal amount of the tranche, which is determined in accordance with clause 3.7.8 of this Agreement. The day of issue is taken as a full working day. Repayment of the debt on accrued interest is made from the first day of each month.
      17. The amount of the actual debt of each tranche and accrued interest on the 1st day of each month of the business overdraft is repaid automatically by all funds received into the borrower's card account, by the Bank's direct debit of funds from the borrower's card account. The outstanding balance of the debt is recorded in the borrower's loan account opened by the Bank.
      18. If the repayment date of the principal debt or accrued interest falls on a non-working day (weekends, official holidays), the repayment date is postponed to the next first working day.
      19. In case of insufficient funds on the borrower's card account, upon maturity, the borrower must ensure repayment of the debt.
      20. The Borrower authorizes the Bank to debit funds from all available bank accounts of the borrower without acceptance in order to repay the business overdraft and interest for its use.
      21. If the borrower assumes that the repayment of the business overdraft debt is overdue, a penalty fee is charged for the amount of the actual debt on the principal amount and/or interest on the business overdraft in accordance with the terms of the loan agreement.
      22. The purpose of a business overdraft is for the borrower to make non-cash/cash payments in case of insufficient funds of the Borrower on his card account in order to replenish working capital and pay for settlement documents.
      23. For changing the terms of the Agreement, the borrower pays a commission according to the current tariffs of the Bank.
      24. Funds are provided to the borrower by opening/increasing the credit limit of a card account opened with the Bank;
      25. Collateral - at the discretion of the Bank, the loan may be issued without collateral or secured by the right to the Borrower's current/card account (Appendix 14). When pledging funds, the subject of the pledge will be the funds received and/or funds held in the Pledgor's account opened with the Pledgee. The procedure for accepting funds is carried out by withholding incoming and/or existing funds in the Pledgor's account in a non-acceptance manner to repay the debt on the loan product, in the amount of a monthly installment according to the Repayment Schedule.



      8. After the client has familiarized himself with the Agreement and accepted the terms by confirming or performing other actions specified by the Bank, this Agreement is considered concluded using an electronic signature that meets the requirements of the legislation of the Kyrgyz Republic.

      9. In case of incomplete payment of the amount to be repaid, the deposited part is distributed by the order of payments in accordance with the legislation of the Kyrgyz Republic.