The new year does not relieve debtors from collectors
MOSCOW, December 16 — RIA Novosti/Prime. Collection agencies from January 1, 2017 will continue its work, despite the danger that all the necessary regulatory framework affecting the market of debt collection, at this point may not be ready.
Market participants believe that the necessary legislative changes will be published in time, and the Federal service of court bailiffs (FSSP), which is charged with oversight of the claimants, will have time to form the state register of market participants.
The law governing legal persons involved in the recovery of debts, comes into force in Russia on 1 January 2017. The President of the Russian Federation on Thursday signed a decree, which determines the Federal oversight on this market. However, the FSSP could start their duties, should be signed the corresponding government resolution.
The FSSP should also promulgate various regulations, as well as many other documents related to collection agencies could submit applications for inclusion on the state register and to operate in accordance with the new law.
The regulator will not kill the market on the first day
The head of the control Committee of the National Association of collection agencies, the head of the collection Agency savings “Aktivbizneskollekshn” Dmitry Teplitsky believes that after the publication of the presidential decree, the government and the new regulator will do everything necessary for the legal operation of the market recovery in the shortest possible time.
“Until the end of the day or Monday, I think, a government decree will be issued and we will begin close cooperation with the regulator. In fact the decree of the President of the government will not delay the deadlines, because it is his responsibility that high,” said Teplitsky.
The rumor that the FSSP will controller collection market, he said, went on for 2-3 months. “Therefore, FSSP, in my opinion, knowing that the inevitable destination ahead has already started and developed a number of normative documents regulations, which soon will be published. That is, I think that this issue will quickly be solved within 2-3 days after the decree of the government,” he added.
The FSSP has the right to consider applications collectors for inclusion in the state register within 30 days. Teplitsky believes that the regulator “is interested in that industry he will regulate, died January 1”.
“In my opinion, it would be right, and I think that will controller, to include collection agencies in the register, on formal grounds, to catch up to the new year. Then if some collection agencies will not work properly, then it will be followed by exception,” — said the representative of the market.
Papers are prepared and the FSSP, and collectors
Director of the collection Agency “CH invest” Vladislav Lysenko drew attention to the fact that the FSSP has already started to publish the necessary documents. Market participants in turn started to prepare the necessary papers, forms which were known in advance.
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“For inclusion in the state register collectors are required to provide to the authority a package of 10 types of documents. Some of them could be prepared in advance, and the majority of collection agencies it already did. This, for example, certificate of incorporation, constitutive documents, information on the amount of net assets (although also not very clear what assets will be counted — on paper or available in the accounts), the financial statements and the liability insurance policy”, — said Lysenko.
However, there are two categories of documents which the claimants could not prepare in advance, as no one knows in what form and with what content they should go. This information about the founders (participants), bodies and employees of the collection Agency, as well as documents confirming the availability of the necessary software. On the first point gosregulyator had to develop the provision of information, and the second is to approve the requirements to the hardware and software requirements, compliance with which should confirm collectors for entry into the registry.
“Today the Federal bailiff service very quickly began to spread on the portal regulation.gov.ru these and other necessary documents, for example, the form of withdrawal of debtors from communicating with the claimants. However, they still have to be agreed and registered in the Ministry of justice. However, this is an important benchmark for market participants, it Is hoped that you prepare and submit documents for entry in the register of collectors still have time”, — said Lysenko.
Collectors will work even without inclusion in the register
The President of the collection Agency “Sequoia credit consolidation” Elena Dokuchaev believes that even if the state register will not appear for the New year, claimants will continue its work, trying to meet all the other requirements.
Dokuchaev noted that prior to the entry into of the law remains little more than two weeks, so many market participants worried about the fact that the entry in the register may not be enough time.
“In our view, from the beginning of 2017, the reservoir will continue to work in accordance with the law, to fulfill the requirements of the law, which technically possible to do without additional regulatory framework. These include, in particular, restriction of contact, and the required size of the net assets, professional indemnity insurance and so on. But the only requirement is that they will not be able to fulfill — the requirement to be included in the unified register, if this register before that time will not appear or appear with significant delay,” she said.
Collection market, she said, hopes that with joint efforts all will be done in time and by January 1 there will be no uncertainty.
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