Rules for obtaining the consent of a spouse for granting a bank loan or microcredit to an individual

Dear clients!

  “Jusan Bank” JSC informs that from September 1, 2024 “Rules for obtaining the consent of a spouse for granting a bank loan or microcredit to an individual” approved by the Resolution of the Management Board of the Agency of the Republic of Kazakhstan on Regulation and Development of Financial Market dated August 16, 2024 No. 55 (hereinafter - the Rules) come into force. The document is placed in the Reference Control Bank of normative legal acts of the Republic of Kazakhstan in electronic form.

The minimum size of a bank loan (except for loans subject to refinancing), for which the consent of a spouse is required to obtain a bank loan in the amount of thousand-fold monthly calculation index established for the relevant financial year by the law on the republican budget.

The creditor, before granting a loan to an individual (hereinafter - the client), shall verify the information on the presence of registered marriage (matrimony) of the client through the information system of the authorized state body (hereinafter - IS) or receive information contained in the IS from credit bureaus.

The consent of the client's spouse to grant a loan to the client (hereinafter - Consent) is required if there is information on the registered marriage (matrimony) of the client in the IS at the time of receipt of information in accordance with clause 2 of the Rules, of which the creditor

shall notify the client and (or) his (her) spouse with mandatory reference to the articles of the laws of the Republic of Kazakhstan “On Banks and Banking Activities in the Republic of Kazakhstan” or “On Microfinance Activities”.

The Consent shall be executed in an arbitrary written form on paper or in electronic form and shall contain the following mandatory conditions:
1) the date of execution of the Consent;
2) information about the client and his/her spouse: last name, first name, patronymic (if it is indicated in the identity document) and individual identification number;
3) information about the loan: amount, term, interest rate (in annual percentage or fixed amount), interest rate in true, annual, effective, comparable calculation.
The Consent executed on paper shall be signed by the spouse of the client or his/her authorized representative acting on the basis of a notarized power of attorney.

It is allowed to provide the Consent on paper in a notarized form, if it is impossible for the spouse of the client to visit the branch of the creditor.

The Consent executed electronically is provided through the remote service delivery software of the creditor or the “e-government” web portal with biometric identification of the client's spouse.

Biometric identification of the client's spouse when using the remote service provision software of the creditor is performed through the use of services of the Identity Exchange Center or by biometric data obtained through the creditor's devices.

The consent executed in electronic form is certified by the spouse of the client by means of an electronic digital signature provided by an accredited certification center of the Republic of Kazakhstan.

Failure of the client's spouse to perform the actions provided for by the Rules during the period of validity of the creditor's decision is a refusal of the spouse to grant a loan to the client.

Receipt of the Consent by the creditor is required for each loan before granting such loan.

The creditor ensures storage of the Consent until the client fully fulfills his obligations under the bank loan agreement.

For more detailed information, please contact the call-center specialists of the Bank. (7711).