Federal Law on collection activities. The law on collection activities came into force Requirements for collectors after July of the year

The Law on Collectors applies exclusively to relations related to the return of consumer and targeted loans. Collectors do not have the right to unconditionally demand money from third parties, engage in extortion, call or write more often than required by law

As of August 1, 2016, borrowers untimely returned 911.5 billion rubles to Russian banks: this information was published by the market regulator. It is becoming increasingly difficult to hold on without money, and the problem of “debt collection” activities is once again coming to the fore. It is the law on collectors of 2016 that is intended to dot all the i's, calling on market participants to civilized relations.

Federal Law N230 of July 3, 2016 “On the Protection of Rights...” came into force on the day of its official publication on July 3 of this year. It is worth noting that the process of its implementation lasted for several years, such is the strength of the collection lobby in the authorities.

In what cases does the law not apply?

1. For creditors who personally collect personal debt in an amount of less than 50,000 rubles, unless they resell it to third parties.
2. For individual entrepreneurs-debtors whose obligations arose as a result of commercial activities.
3. On legal relations that have arisen between individuals and suppliers of energy and resources (heat, electricity, gas, water, etc.) regarding late payment for consumed goods.

All other cases are subject to the text of the law on collection activities of 2016. They should be followed by both banks and private agencies involved in the collection of “overdue payments.”

The overdue debt of individuals in Russia by August 1, 2016 was 8.6% of the total number of loans issued: this information is provided by the Central Bank of Russia. The total amount of money received by the population reached 10 trillion. 597.1 billion rubles. According to analysts, every fifth loan is problematic: it will either not be repaid in full, or the debt repayment process will drag on for a month.

Responsibilities of collectors before the start of activity:

1. Register a legal entity;
2. Become a member of the register maintained by the state (not available as of August 17, 2016);
3. Inform the debtor that his obligations have been transferred to a third party, and in a conversation (letter, message) - provide the full name of the collector and the operator.

In addition, the following methods are prohibited:

1. Hiring foreigners to threaten debtors from abroad;
2. Involving for debt repayment persons who have a criminal record for crimes against the state, government, economy, public safety, or personality;
3. Forced collection of money from relatives or people who live with the debtor.

All that collectors can do under the new law is call, write to their clients, meet with them in person, reminding them of their obligations. Any other methods of interaction, be it threats, forced entry into a home, publication of photographs and information defaming people, are illegal.

Example 1:

Collector Vasily is collecting 1 million rubles from engineer Fedor. Having opened an unlocked door, he enters the apartment of the obligated person without his consent, where without further ado he gets down to business. Having broken a laser tape measure worth 6,000 rubles, Vasily slapped his son Fyodor on the back of the head, who reprimanded him, and finally showed him a bottle of flammable liquid and a lighter. His actions include a whole bunch of violations of criminal and administrative law.

Example 2:

Collector Valentina calls her ward Igor every hour: on his home, cell and work phone, on Viber, writes on social networks. Each of her messages is polite and correct, ending with a proposal to develop a debt repayment schedule. Such intrusive communication is illegal and can serve as a basis for prosecution under Article 14.57 of the Code of Administrative Offenses of the Russian Federation or Part 5 of Article 15.26.1 of the Code of Administrative Offenses of the Russian Federation.

The law stipulates how many times a day collectors can call according to the law in 2016, so the collector can be brought to administrative liability. True, it is not entirely clear who should conduct the process - collect evidence, draw up a protocol - the police or a special body.

Responsibility for breaking the law

1. Illegal use of the words “bailiff”, “bailiff” and similar words in the company name. Responsibility is provided for in Article 17.8.1 of the Code of Administrative Offenses of the Russian Federation, the fine for an organization is up to half a million rubles.
2. Illegal business activity. If the collector violates the law on collectors of 2016, he acts without forming a legal entity, we are talking about illegal commercial activity - Article 14.1 of the Code of Administrative Offenses of the Russian Federation, a fine of up to 2 thousand rubles.
3. Violation of the law when collecting debt. Returning money on consumer loans in ways not specified by the Law is punishable under Article 14.57 of the Code of Administrative Offenses of the Russian Federation, the maximum penalty is a fine of up to 100 thousand rubles. MFOs that violate the Law may be held liable under Part 5 of Article 15.26.1 of the Code of Administrative Offenses of the Russian Federation - a fine of up to 100 thousand rubles. The same applies to pawnshops (Part 2 of Article 15.26.2 of the Code of Administrative Offenses of the Russian Federation), consumer cooperatives (Part 5 of Article 15.38 of the Code of Administrative Offenses of the Russian Federation) the same penalty.
4. Illegal entry into a home. If a collector, on his own initiative, entered an apartment, a plot of land, or a dacha, he may be prosecuted under Article 139 of the Criminal Code of the Russian Federation - arrest for up to 3 months.
5. Threat to kill or cause bodily harm, supported by convincing action. For such violations, criminal liability is provided under Article 119 of the Criminal Code of the Russian Federation - up to 2 years of imprisonment.
6. Forcing a debt to be paid in excess of the amount due under the contract is extortion. Such actions are qualified under Article 163 of the Criminal Code of the Russian Federation and, at best, are punishable by imprisonment for up to 4 years with a fine.

It should be noted that in the criminal and administrative codes there is no responsibility for coercion to fulfill an obligation. Thus, any actions of the “collector”

Requirements for the collecting organization:

1. Collection of “overdue payments” is the main activity;
2. The size of net assets is 10 million rubles or more;
3. Mandatory insurance of possible losses for “clients” - at least 10 million rubles;
4. Having your own website on a personal domain;
5. No state of bankruptcy.

Summary

Contrary to the joyful cries of the public, the new law on the activities of collectors of 2016 at this stage is just beautiful words. Among the real norms, the only thing that can be noted is the need to register as a legal entity and insure the liability of a market player.

The administrative liability imposed on organizations is up to 100 thousand rubles (despite the fact that government bodies must collect evidence), and such a punishment is unlikely to stop collectors from using prohibited funds. Summary: the measures taken are just a step on the way out of lawlessness: it will not stop debt collectors from illegal actions.

Moscow. 21st of June. website - At a meeting on Tuesday, the State Duma adopted in the third reading a law that establishes the rules for the interaction of debt collectors with debtors.

The law applies only to individuals; the law will not apply to individual entrepreneurs. However, the provisions of the law apply only to the collection of overdue debts, and not all debts.

In addition, the provisions of the law will not apply to debts on housing and communal services, including water, heat and gas supply, electricity and waste management. Exceptions will be made if the collection of such debts is transferred to a credit institution or a professional collector.

Who can communicate with the debtor

Only credit institutions and persons engaged in the collection of overdue debts as their main activity have the right to interact with the debtor.

At the same time, persons carrying out activities to repay overdue debts as their main activity must be included in the state register. The fee for entering information about a legal entity into the state register will be 100 thousand rubles. In case of exclusion from the register, a legal entity loses the rights and obligations provided for by law.

The size of the net assets of legal entities engaged in the collection of overdue debts must be at least 10 million rubles. It must also conclude a contract of compulsory liability insurance for causing losses to the debtor.

It is not allowed to engage in interaction with the debtor persons who have an unexpunged or outstanding conviction for crimes against the person, economic crimes or crimes against state power and public safety. It is also prohibited to involve persons located outside the territory of the Russian Federation in debt collection.

How to communicate with debtors

The debt collector has the right to interact with the debtor using personal meetings and telephone conversations, text and voice messages, and mail. Other types may be provided for in a written agreement between the debtor and the creditor. Interaction between collectors and third parties, which in law means members of the debtor’s family, relatives, other persons living with the debtor, neighbors and any other individuals, will be carried out only with the consent of the debtor. In this case, the third party has the right to refuse to communicate with debt collectors.

The State Duma adopted a law entitled “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the law “On microfinance activities and microfinance organizations.” It is expected that the main provisions of the law will come into force on January 1, 2017 In this case, the provisions of the law will apply to overdue debts that arose before the day the document came into force. From the date of official publication, the provisions of the law regarding the creation of a register of debt collectors and requirements for persons included in the register will come into force.

The law limits communication between the collector and the debtor to personal meetings no more than once a week, and calls no more than twice a week. Communication is prohibited from 20:00 to 9:00 on weekends, from 22:00 to 8:00 on weekdays. In this case, the collector is obliged to keep paper documents and audio recordings confirming interaction with the debtor for three years.

The use of physical force, threats of its use, harm to health, damage to property, psychological pressure, and misrepresentation are not allowed. In addition, the law prohibits interaction with minors and incompetent citizens. The collector also does not have the right to transfer information about the debtor to third parties without his consent.

At each interaction, the lender or person acting on their behalf will be required to identify themselves, and the use of devices that hide the caller ID and email address is prohibited.

The law establishes a period after which the debtor has the right to stop communicating with the debtor. After 4 months after the overdue debt arose, the borrower has the right to stop communicating with the collector. In this case, communication with the debtor is carried out through a lawyer.

After the court decision to collect overdue debt comes into force within 2 months, it is possible to extend the relationship between the professional collector or lender and the borrower. “This is done because the borrower needs to be explained that if the borrower refuses to interact with the lender, then the bailiff service begins to work, and this plus 7% of the amount of the debt claimed,” Nikolai Gonchar, head of the Duma Committee on the Financial Market, previously noted.

How will violators be punished?

Deputies also adopted in the third reading a law that establishes fines for violating the requirements of the law on the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts. Violation of the law by persons included in the register of collectors will entail the imposition of a fine on legal entities in the amount of 50 thousand to 500 thousand rubles or administrative suspension of activities for up to 90 days.

Illegal implementation by a person not included in the register of collectors of activities for the return of overdue debts entails a fine for legal entities from 200 thousand to 2 million rubles.

The State Duma of the Russian Federation adopted a bill on amendments to the law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts,” which came into force on January 1, 2017. Read all the details about the new law on debt collectors in our article.

Since March 2017, a new law No. 230-FZ of 07/03/2016 came into force in Russia, the provisions of which regulate the activities of collection structures.

Important! According to the new law, all collection agencies must be registered in a specialized unified register, otherwise the organization’s activities in interacting with debtors will be illegal.

Not long ago, a new law was adopted to amend the adopted law aimed at ensuring the protection of debtors from illegal actions. The main amendment was the exclusion of individual entrepreneurs from the jurisdiction of the law, that is, collectors now have the right to collect debt only from individuals who do not have the legal status of individual entrepreneurs. Also, an important change to the law was the impossibility of collectors collecting overdue debts for housing and communal services and fulfilling debt obligations to banking organizations of Ukraine, which stopped working in Crimea after the republic joined Russia.

The presence of overdue debt for housing and communal services reserves the right of organizations supplying utility services to disconnect debtors from electricity, gas, heat and water supplies until the debt is repaid.

At the same time, with the introduction of the new bill, collection agencies also gain more freedom in communicating with debtors, for example, now creditors represented by collectors have the right not only to meet personally with the debtor, send written messages and make phone calls, but also to use other methods of communication , having previously concluded a written agreement about this specifying the methods of communication. Also, within the framework of the law, collectors retain the right to communicate with neighbors and friends of debtors; the list of third parties for interaction is specified by the adopted law, again with the written consent of the debtor. As practice shows, all necessary agreements are obtained at the time of signing by the borrower, as well as consent to the processing of personal data. The bill allows for the revocation of documents at any stage of the debt collection process.

Who can be a collector

According to the new law on collection agencies, persons who have an impeccable reputation before the law can be allowed to work as a collector, that is, without convictions for committing economic and anti-personal crimes, as well as crimes against state power and public safety. As mentioned above, collection agencies are united into a single register, inclusion in which is carried out on a paid basis. In addition, in order for a legal entity to be included in the register, it must be registered on the territory of the Russian Federation, meet the requirements for the size of the authorized capital, the size of net assets must be at least 10 million rubles with a compulsory liability insurance agreement.

It should be noted that the new law provides for the inclusion in the number of collection agencies of organizations that were previously excluded from the state register during the previous 3 years. Important! Combining debt collection services with microfinance activities of an organization is not allowed!

Control over the activities of legal entities involved in the return of overdue debts and the maintenance of the Unified State Register of such organizations is carried out by a special state body determined by the Government of the Russian Federation.

Collectors: what the new law prohibits

The new law on debt collectors does not allow the collection of overdue debts from a citizen who has been declared bankrupt and in respect of whom the court has imposed. Also, according to the provisions of the law, the debtor may not present to collectors any certificates from medical institutions, which previously served as grounds for refusal to interact with creditors and debt collectors. The new law on collection agencies prohibits combining work on the collection of problem debts with the provision of microloans, thus excluding the possibility of pre-trial debt collection by microfinance organizations. At the same time, acting within the framework of the law, the named organization has the right to redeem debts on non-repaid loans. An important point in the law is the procedure for interaction between debt collectors and debtors, in particular:

• A collector or an employee of a credit institution has the right to make telephone calls to the debtor no more than 2 times a week and once a day, exclusively from 8 to 22 o'clock on weekdays and from 9 to 20 o'clock on holidays and weekends. Personal meetings with the debtor are allowed no more than once a week.
• Interaction between collectors and relatives of the debtor is possible only with the consent of the debtor himself and at the same time a direct refusal (in any form) from the relative’s interaction.
• Collectors are prohibited from using such methods of influence against the debtor as threats, using methods of physical or psychological pressure, or causing harm to health and property.
• Collectors are prohibited from any interaction with debtors and their relatives who are being treated in a hospital, are incapacitated, disabled people of the 1st group and unemancipated minors.
• Collectors do not have the right to disclose to third parties information about the debtor's outstanding obligations (except for cases provided for by federal law).

In accordance with the provisions of the new law on collection agencies, collectors do not have the right to hide from the debtor with whom he interacts information about the telephone numbers and email addresses from which they make calls and send written messages.

Important! The debtor has the right to refuse to communicate with the creditor and collector. To do this, it is necessary to send a written application for refusal through a notary office with delivery to the addressee against signature or by registered mail with acknowledgment of delivery.

The provisions of the new law on collection agencies apply to individuals (except individual entrepreneurs). At the same time, the law does not apply to creditors who independently carry out actions to return the debt of another individual that has arisen to them, the amount of which is no more than 50 thousand rubles. All adopted amendments to the law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations”, regulating the activities of collection agencies and aimed at fair interaction between creditors, collectors and debtors , entered into force on January 1, 2017.

This is interesting! From January 1, 2017, restrictions were introduced on interest on overdue debt on fines and consumer loans. Thus, the amount of accrued interest cannot now exceed 3 times the principal debt, and the amount of penalties cannot exceed 2 times the principal debt, including interest.