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Portal editorsDOLGI. RU I found out from experts what awaits debtors and the debt collection business in connection with the emergence of a registry of collection agencies.
Let us remind you that the Federal Bailiff Service (FSSP) published a list of 29 collection agencies that were included in the unified state register.
According to the new law regulating the activities of non-state collectors of overdue debts, in order to carry out collection activities, organizations must obtain a certificate of inclusion of the collector in the unified state register of collection services. 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” was signed by the President of the Russian Federation Vladimir Putin in July 2016. 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.
Expert opinion:
President of the Union of Arbitration Courts, member of the Public Council of the FSSP of Russia Alexey Kravtsov.
How many agencies may appear in the future?
I think no more than 50. The point is this. Not every person or debt collection company is a collection agency. The collector can be a bank representative or ordinary bandits. Therefore, the register will include only those organizations that truly professionally resolve issues of repayment of problem debts. Everyone else, naturally, will not be allowed anywhere near the register.
What will organizations that are not included in the register do?
Now, with increasing requirements for registration of activities, such organizations will fade into the shadows. I admit that these organizations or citizens will also continue to engage in activities bordering on banditry. At the same time, they will do this work secretly, without fear that they will be fined or excluded from the FSSP register.
How will the registry help the development of a debt collection business?
For serious debt collectors, inclusion in the register is an additional opportunity to raise their business reputation in front of potential clients. Those who did not strive to conduct their activities openly and in good faith will not be affected in any way by the introduction of the register.
What is the benefit, in the end, of all these actions taken by the government to stabilize the collection market?
Even at the beginning of this reform, I argued that the problem with collectors in Russia cannot be solved by regulating the activities of collection agencies. The problem lies in the inability of the law enforcement system to properly catch, record and prosecute citizens and organizations who work with debtors and who violate the laws while working to collect debts.
If an organization or group of citizens who are not collectors worked in the shadows, and the Ministry of Internal Affairs allowed this, then no register will be a hindrance for them. They will continue to work as they worked.
Are there any suggestions (or comments) for improving the new bill?
I repeat. The problem must be solved by improving the qualifications of law enforcement officers. To regulate the work of the law enforcement system: to improve the quality of prosecution and bringing criminal cases to court. Only then, when the inevitability of punishment for an offense becomes obvious, the market for unscrupulous collectors will disappear.
Will collection agencies that are included in the register have to work in a new way?
The new law has put forward a lot of requirements for the work of professional collection agencies. Even restrictions. Of course, today they will have to invest quite heavily financially in order to strengthen the legal component in working with debtors and train employees in the rules of contacting debtors.
Incorrect work is grounds for exclusion from the FSSP register. In addition to the fact that employees need to be trained, control over their work needs to be strengthened. By law, collectors were limited in their ability to make calls. It turns out that collectors must restructure their work with debtors. To act through bailiffs, and here again it is necessary to retrain employees to work with bailiffs and focus more on legal support of the collection process rather than on the work of a call center making calls to debtors.
Chairman of the Moscow Chamber of Commerce and Industry Committee on Resolving Debt Disputes and Strengthening Payment Discipline of Business Entities Oleg Moskovsky.
I think that the total number of organizations that will register in 2017 will be about one hundred.
Firstly, it is important for everyone to understand how control and punishment will be carried out in the event of a violation.
Secondly, there will be a merger/acquisition of small regional companies, which will also find it convenient to come under the wing of a company included in the register and take advantage of its resources.
Thirdly, there will be a slight increase in the responsibility and business ethics of collection companies towards debtors and banks. Those companies whose main business is debt collection will enter into agreements for information and consulting services and will also send letters of happiness and negotiate with debtors. And also, as practice shows, any tightening of legislation leads to an increase in the cost of services, and, accordingly, the people will suffer, and not the banks/lenders.
Independent expert on enforcement proceedings, head of the regional branch of the association of veterans of the FSSP of the Russian Federation Alexe Sharon.
I think that the number of agencies will grow, the number of debts will only increase, and civil society must somehow cope with this amount.
In the first year of the law's validity, all provisions will be adjusted: this law is completely new for the Russian legal order. In my opinion, everything will be fine, market participants will quickly get used to the new rules.
As for persons who illegally collect debts, significant fines are provided for them. I don’t think that the illegal market will develop; it’s easier to adopt new rules.
List of organizations that are included in the state register of collection services:
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LLC "ActiveBusiness Collection" |
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LLC "Credit Finance Agency" |
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LLC "Agency R.O.S.dolg" |
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LLC "Credit Security Bureau "Russkollektor" |
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LLC "GC Financial Services" |
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LLC "Debt Agency "Credit Security Center" |
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LLC "Camelot" |
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LLC "Credit Inkaso Rus" |
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LLC "Creditexpress Finance" |
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LLC "Company Trust" |
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LLC "L-Collection" |
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LLC "M.B.A. Finance" |
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LLC "National Collection Service" |
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P.R.E.S.K.O. LLC |
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NJSC "First Collection Bureau" |
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JSC "Sequoia Credit Consolidation" |
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Sentinel LLC |
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LLC "Capital Debt Recovery Agency" |
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LLC "Trust - Western Siberia" |
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LLC "Trust" |
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LLC "Management Company Trust" |
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JSC "Financial Agency for Collection of Payments" |
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Phoenix LLC |
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Filbert LLC |
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LLC "Center YUSB-M" |
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LLC "TsZ invest" |
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LLC "USB Center" |
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Everest LLC |
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LLC "UVS" |
Material prepared by: Sergey Kuzminok
On January 1, 2017, the law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” came into force. According to the new rules, activities to collect overdue debts can be carried out by those companies that have been included in the state register of collectors. Where can you watch it in 2017?
The register of collectors is maintained by the FSSP (Federal Bailiff Service). This agency will oversee the activities of collectors.
All collection companies included in the register are displayed on the FSSP website in a special document. To familiarize yourself with the list, you need to select the “Services” section on the main page of the FSSP website, then click on the link “Information contained in the state register of legal entities engaged in the collection of overdue debts as their main activity.”
As of January 17, the 2017 registry of collectors included information about 29 collection companies. Basically, these are quite large companies that took care in advance to collect all the necessary documents and submit an application. Most of these companies are members of the National Association of Professional Collection Agencies.
What does the appearance of this register of Russian collectors mean for citizens?
How to join the register of collectors?
As mentioned above, due to certain requirements, only a few companies will be able to get into the 2017 register of debt collectors. Applicants need to collect a package of documents, including an application to enter information about a legal entity in the state register, copies of constituent documents, information about the founders, bodies and employees of the legal entity.
You will also need an extract from the unified state register of legal entities and documents confirming the size of net assets. In addition, it is necessary to attach a copy of the compulsory liability insurance agreement for causing losses to the debtor.
The applicant must document the availability of the necessary equipment and software, provide documents confirming the existence of his own website, and attach an extract from the register of operators processing personal data. You also need to pay a state fee.
The Federal Bailiff Service (FSSP) has a list of collection agencies on its website; it currently lists 26 such organizations.
As Interfax was told by the FSSP press bureau, based on the results of consideration of the received applications, 26 certificates were issued, “the relevant information was entered into the state register.”
Only companies included in the state register maintained by the Federal Bailiff Service can conduct collection activities.
Companies that decide to continue collection work without permission face fines of up to 2 million rubles, and individuals who carry out such activities without permission face a fine of up to 500 thousand rubles.
The situation around debt collectors in the country required streamlining the work of debt collectors. Their activities were vigorous and, as a rule, contrary to the Criminal Code. Collectors have become almost constant figures in crime reports. The ice broke last summer, when the Russian President signed a federal law on collectors.
The law strictly stipulated the order and rules of their existence and work. prohibited the use of physical force and the threat of its use, damaging the debtor’s property, exerting psychological pressure and misleading. Since the beginning of the year, bailiffs have been monitoring the order of the collectors. According to the same law, from January 1, only those collection agencies that are included in the register of the bailiff service can operate. In addition to the list of necessary documents, agencies must have a website, certain software for recording and storing files, and means of recording telephone conversations.
Those responsible for supervising the collectors have already been appointed. Thus, in the territorial bodies of the 28 largest regions of the Russian Federation, specialized departments have been created, and in the rest, authorized officials have been identified who will be assigned specific responsibilities. These people will receive and consider requests from collectors to include information about them in the state register.
List of legal collection agencies
Full and abbreviated (if any) name of the legal entity
Limited Liability Company "Sentinel Credit Management", LLC "Sentinel"
Limited Liability Company "Active Business Collection", LLC "Active Business Collection"
Non-public joint stock company "First Collection Bureau", NJSC "PKB"
Limited Liability Company "National Collection Service", LLC "NSV"
Limited Liability Company "Agency Credit Finance", LLC "AKF"
Joint Stock Company "Financial Agency for Collection of Payments", JSC "FASP"
Limited Liability Company "Center YUSB-M", LLC "Center YUSB-M"
Limited Liability Company "M.B.A. Finance", LLC "M.B.A. Finance"
Joint Stock Company "SEQUOIA CREDIT CONSOLIDATION", JSC "SEQUOIA CREDIT CONSOLIDATION"
Limited Liability Company "Center YUSB", LLC "Center YUSB"
Limited Liability Company "Credit Security Bureau "RUSSKOLLECTOR", LLC "Credit Security Bureau "RUSSKOLLECTOR"
Limited Liability Company "Agency Regional Organization for Debt Collection", LLC "Agency R.O.S.Dolg"
Limited Liability Company "Capital Debt Recovery Agency", LLC "Capital AVD"
Limited Liability Company "Credit Inkaso Rus", LLC "Credit Inkaso Rus"
Limited Liability Company "Creditexpress Finance", LLC "KEF"
Limited Liability Company "Phoenix", LLC "Phoenix"
Limited Liability Company "EVEREST", LLC "EVEREST"
Limited Liability Company "TsZ Invest", LLC "TsZ Invest"
Limited Liability Company "Filbert", LLC "Filbert"
Limited Liability Company "Trust" (LLC "Trust")
Limited Liability Company "Trust-Western Siberia" (Trust-Western Siberia LLC)
Limited Liability Company "Management Company Trust" (LLC "Management Company Trust")
Limited Liability Company "Company Trust" (LLC "Company Trust")
LLC "GK Financial Services" (LLC "GC FIN")
Limited Liability Company "Debt Agency "Center for Credit Security" LLC "DA-TsKB"
Limited Liability Company "Kamelot" (LLC "Kamelot")
PDF download file,
It is important to note the following points here:
- Banks, microfinance organizations of all types, that is, “professional creditors,” should not be included in the register, since they have the right, due to their official status (confirmed by the Bank of Russia), to collect debts on loans issued by them and housing and communal services companies collecting debts to them;
- All others involved in debt collection must join the register.
Here we encounter the first attempt to circumvent the law. Some “cunning people” claim that only those for whom “collection” is their main activity should join the register, and this means that they can continue to “work” without joining the register.
It’s not at all difficult for “cunning” people to get fined up to 2 million rubles
However, it is obvious that credit institutions will not resort to debt collection services from companies that are not included in the state register. The law stating that the creditor and the person acting on his behalf and (or) in his interests are obliged to compensate for losses and moral damage caused by their unlawful actions to the debtor and other persons will force one to refrain from using “one-day money” for collection purposes.
Well, it’s worth adding that the main type of economic activity of a commercial organization is the type that, based on the results of the previous year, has the largest share in the total volume of services provided. This means that it is not at all difficult for “cunning” people to get fined up to 2 million rubles. At the very least, NAPKA will make every effort to expose the “cunning” people to clean water.
You know, how when submitting documents to the tax office or a notary, the color of the ink in a fountain pen is important
Now let's get down to business. The recommendations below are based on the real-life experiences of NAPCA member companies, and I must express my gratitude to all participants in the association's internal forum for the advice and recommendations that formed the basis for the recommendations below. You know, just like when submitting documents to the tax office or a notary, the color of the ink in a fountain pen is important. You won’t read about this anywhere, but it’s the only way, and there’s no other way. However, the recommendations are based on experience, which means there may be discrepancies.
Any company that plans to enter the state register of “professional debt collectors” should do the following:
- Include in the Charter an indication of carrying out activities for the return of overdue debts as the main type of activity: “The main type of activity of the Company: “Activities for the return of overdue debts”.” It is also advisable to choose one of the following OKVED: 69.1; 69.20 or 82.91. This list is not dogma, it can be wider, for example 63.99.1, or 69.20.2, or 82.99 and whatever suits you. 66.11.4 is also interesting, since this code appears in the professional standards for debt collection specialists, which are approved by the Ministry of Labor and Social Protection. However, it is with code 82.91 that you need to be careful. The fact is that Rosfinmonitoring sometimes begins to mistakenly think that assignment is the same as factoring. And before the court he argues his position, including with reference to OKVED. And pay attention to the letter of the Federal Tax Service of Russia dated June 24, 2016 No. GD-4-14/11306@ when you choose your OKVED. State duty - 100 thousand rubles (Article 333.33 of the Tax Code of the Russian Federation).
- Indicate the following KBK: 322 1 08 07430 01 0300 110. Recipient: regional UFC and in brackets - FSSP Office for your region indicating the personal account. INN, OKTMO, personal identification number and other things necessary for correctly filling out the payment form in your region can be obtained from the regional department of the FSSP of Russia.
- Make sure that all claims for enforcement proceedings against your company are closed (paid and the case is closed by the bailiff), since in some cases this slowed down the company’s entry into the state register.
Now let’s go through the list of documents (an exhaustive list of documents and an application for inclusion in the register are on the NAPCA website).
- Copies of documents confirming ownership of a site on the Internet information and telecommunications network: a domain name registration certificate or an agreement with the domain registrar, or a certificate from the registrar confirming domain ownership is suitable. The principle here is: the more, the better.
- In the “Information about employees of a legal entity” block, you should indicate all employees without exception (and not just call center operators, for example). Columns 4 and 5 are filled in whenever possible. Column 5 may contain a “–” sign.
- On the issue of net assets, NAPCA’s position is as follows: the law requires that in order to be included in the state register, a legal entity had net assets in the amount of 10 million rubles for the last reporting period. However, the law does not indicate what is meant by “last reporting period”. We believe that legal entities have the right to maintain a balance sheet both for the year and for a calendar quarter and (or) calendar month. If a legal entity independently prepares a balance sheet for the reporting period - for a calendar month or a calendar quarter, then this balance sheet can be used to confirm the size of net assets (signed by the general director). In practice, the FSSP of Russia asks that the interim balance sheet also include the balance sheet for the previous year (2015). The requirement to have net assets in the required amount at the end of the reporting period on December 31, 2015 infringes on the legitimate interests of companies that brought the size of their net assets into line after the adoption of the law before submitting documents for inclusion in the state register. However, there were no refusals to be entered into the register for this reason.
- Documents confirming the availability of the necessary equipment and software can be found in the “requirements for equipment and software of a legal entity engaged in the collection of overdue debts as the main activity included in the state register of such legal entities” and they are required.
- Copies of documents must be (and this is enough) certified by the signature of the general director and the company’s seal.
A complete set of documents should be submitted to the regional department of the FSSP of Russia (department for working with citizens’ appeals or a special department - here you need to make inquiries at the FSSP) and expect, we hope, a positive response in the form of a “green certificate” and the appearance of information on the FSSP of Russia website in section