Letter of consent for the disclosure of credit history. How to collect credit history in a new way
Recently I have been thinking about taking out a mortgage. Requested credit history in all CRIs
Everything went well, I got my story. But upon a detailed study, I realized that there are some foreign banks that look at my credit history, and moreover, quite often. I do not serve in these banks and have not applied for a loan from them. The most offensive thing is that I have refusals from them!
How can I prevent these banks from accessing my credit history? I didn’t work with them, I don’t want to work and will not.
Respectfully,
Michael
Mikhail, your credit history should not contain incomprehensible requests. The options can be as follows: either you forgot which banks gave their consent to check your credit history, or there was a mistake in your credit history, or someone is breaking the law.
Michelle Korzhova
financial advisor to Tinkoff Bank
Now in more detail.
What does credit history consist of?
The credit history consists of four parts: title, main, informational and closed. All these parts differ in terms of access levels: some are publicly available, some can only be seen by the borrower, and some can be viewed by a legal entity, but only with the permission of the borrower.
In the title part, there are standard general data about the subject of credit history: full name, passport data, TIN and SNILS.
The main part contains the borrower's scoring score, information on all available loans and information on court decisions that have entered into force on the collection of funds, if any.
In the informational part, all submitted loan applications and the result of their consideration: whether a loan was issued or not.
The closed part is visible only to the borrower. It lists everyone who has ever requested the subject's credit history and who submitted information to it.
Who can view your credit history
Without your consent, information in your credit history can be viewed by the Bank of Russia, a financial manager as part of a personal bankruptcy procedure, a notary for assessing the estate, FSSP, as well as courts and investigative bodies.
Banks can access the main part of a particular person's credit history only with his consent. But they can watch the informational part of his credit history and just like that.
Starting from January 31, 2019, the validity period of consent for checking credit history is 6 months, previously it was valid for 2 months. From the moment the consent is received, the bank has the right to request a credit history during this entire period: if a person issues a loan, the consent will be valid for the entire term of the agreement; if a person does not draw up anything, then after 6 months the bank will not have the right to check the information in the credit history again.
The bank stores the received consent for 3 years. During this time, BKI can request it from the bank at any time. This is one of the mechanisms helping to protect the borrower's data from unauthorized requests: there is no consent - there should be no requests from this bank to the BCH; if they are, this is a violation.
Where did the queries come from in your credit history?
You could still once give consent to the verification of information and forget about it. In my experience, this happens a lot. For example, a person fills out an application for a car loan in a salon or wants to buy some product on credit in a store. Stores most often cooperate with several banks at once. The client filled out one application, and the information was sent to several creditors at once. If 6 months have not passed, they have the right to continue requesting your credit history.
Another option is unlawful requests from credit institutions, but, in my opinion, it is very unlikely that in 2019 the bank, without obtaining consent, would request information on you.
Refusal to issue loans
The main thing that alarmed me in your letter is that loan refusals, for which you did not apply. If this is not an error, then it is possible that fraudsters took possession of your passport data and are using it to get
In connection with cases of fraud on the Internet, here are some recommendations that will help you to ensure the confidentiality of information stored in the credit bureaus and the Central Directory of Credit Histories:
- do not transfer your passport data, credit history subject code and additional credit history subject code to unauthorized persons;
- do not reply to letters sent by e-mail, which, under various pretexts, request your confidential information.
Credit history - information, the composition of which is determined by the Federal Law of December 30, 2004 No. 218-FZ "On Credit Histories" and characterizing the performance by the subject of the credit history of the obligations assumed under the loan (credit) agreement, as well as any other agreement or obligation provided for by the Federal Law No. 218 -FZ.
Subject of credit history - a legal entity or individual (including an individual entrepreneur) who is a borrower under a loan (credit) agreement, a guarantor, a principal in respect of whom a bank guarantee was issued or in respect of which a court decision that entered into force and was not executed within 10 days was issued to collect from the debtor sums of money in connection with failure to fulfill his obligations to pay for living quarters, utilities and communication services or alimony obligations and in respect of which a credit history is formed, as well as an individual in respect of whom arbitration court an application for declaring him insolvent (bankrupt) accepted for production. The subject of the credit history is not the borrower - a participant in the accumulative mortgage system of housing for military personnel, to whom the mortgage (loan) in accordance with the Federal Law of 20.08.2004 No. 117-FZ "On the accumulative mortgage system of housing for military personnel."
Credit bureau - a legal entity registered in accordance with the legislation Russian Federation, which is a commercial organization and provides services for the formation, processing and storage of credit histories, as well as the provision of credit reports and related services.
Individual entrepreneur or a legal entity that has received a written or otherwise recorded consent of the subject of credit history to receive credit report for the purposes specified in the consent of the subject of the credit history.
Credit historyan individual consists of four parts, legal entity - in three parts:
- Part I - " title part of credit history"- contains information about the subject of credit history, by which it can be identified (for example, for an individual: full name, data of an identity document, etc.; for a legal entity: full and abbreviated name, TIN, OGRN, etc. );
- Part II - " bulk of credit history»- contains additional information about the subject of credit history, its obligations (including information on the amount and time of performance of obligations), information on bankruptcy procedures and other information;
- Part III - " additional (closed) part of the credit history»- contains information about the sources of the formation of the credit history, about the users of the credit history, as well as in relation to the acquirer of the right of claim (in case of assignment of the right of claim under the loan (credit) agreement);
- Part IV of the credit history - “ informational part of credit history» ( only for individuals, including individual entrepreneurs) - contains information on the provision of a loan (credit) or on refusal to conclude a loan (credit) agreement (including indicating the reason for refusal), on the conclusion of a surety agreement, information on the absence of two or more consecutive payments under a loan (credit) agreement in within 120 calendar days from the date of maturity of the obligation under the loan (credit) agreement that has not been fulfilled by the borrower.
For the subject of credit history - a legal entity, the informational part of the credit history is not formed.
The entire credit history is disclosed to the subject of the credit history.
Credit history users. Consent of the subject of credit history to disclosure of information
The user of the credit history can read the main part of the credit history of the subject of credit history with the written or otherwise recorded consent of the subject of credit history to receive a credit report for the purposes specified in the consent.
The consent of the subject of the credit history to disclose information contained in the main part of the credit history can be obtained by the user of the credit history in the form of an electronic document signed with an electronic signature in accordance with the legislation of the Russian Federation, or in writing on paper with the handwritten signature of the subject of the credit history if presentation by the subject of the credit history to the user of the credit history of a passport or other identity document.
The consent of the subject of the credit history must contain the purpose and date of registration of the specified consent, as well as the name of the user of the credit history - a legal entity or the surname, first name and patronymic (if any) of the user of the credit history - an individual entrepreneur.
The consent of the subject of the credit history obtained by the user of the credit history is considered valid for six months from the date of its execution. If, within the specified period, a loan (credit) agreement is concluded with the subject of the credit history, the specified consent of the subject of the credit history remains in force throughout the entire term of such an agreement.
Informational part of the credit history provided to legal entities and individual entrepreneurs for the purpose of issuing a loan (credit) without the consent of the subject of credit history.
Formation of credit history. Sources of credit history formation
Credit organizations, microfinance organizations and credit cooperatives are obliged to submit all available information that is part of the credit history in relation to borrowers, guarantors, principals to at least one credit history bureau included in the state register of credit history bureaus, without obtaining consent to submit it, with the exception of cases in which the Government of the Russian Federation has established restrictions on the transfer of information, as well as persons in respect of whom the Government of the Russian Federation has established these restrictions.
The financial manager approved in the insolvency (bankruptcy) case of an individual is obliged to provide information on the procedures applied in the insolvency (bankruptcy) case of an individual, if the arbitration court has accepted an application for declaring the individual insolvent (bankrupt), including information on the illegal actions of an individual in insolvency (bankruptcy), information on intentional or fictitious bankruptcy in the credit history bureaus, in which the credit history of this individual is formed, and if the borrower does not have a credit history for the individual at the time of acceptance of the application for recognition his insolvent (bankrupt) financial manager is obliged to send such information to at least one credit bureau, included in the state register of credit bureaus.
Also, without the consent of the subject of credit history, information from the operative part of a court decision that entered into force and was not executed within 10 days on collecting money from the debtor in connection with non-fulfillment of alimony obligations, obligations to pay for residential premises can be transferred to the credit bureau , utilities and communication services. The specified information can be transferred:
- an organization in whose favor a court decision, which entered into force and was not executed within 10 days, was issued on the collection of monetary amounts from the debtor due to his failure to fulfill his obligations to pay for residential premises, utilities and communication services;
- the federal executive body authorized to exercise the functions of ensuring the established procedure for the activities of the courts and the execution of judicial acts and acts of other bodies, when collecting unfulfilled alimony obligations, obligations to pay for residential premises, utilities and communication services.
Credit history is stored in the credit bureau for 10 years from the date last change information contained in the credit history.
The Bank of Russia is authorized to register credit bureaus (enter credit bureaus in the state register of credit bureaus), to exclude credit bureaus from state register credit bureaus, exercise control and supervision over the activities of credit bureaus, maintain the Central Catalog of Credit Histories. The Central Catalog of Credit Histories, which is a subdivision of the Bank of Russia, was created to collect, store and present to subjects of credit histories and users of credit histories information about the credit history bureaus, in which the credit histories of subjects of credit histories are formed. In addition, the Central Catalog of Credit Histories provides temporary storage of databases of liquidated (reorganized, as well as those excluded from the state register of credit history bureaus) credit history bureaus.
Getting credit history
To get your credit history, the subject of credit history first needs to find out in which (which) credit history bureaus it is stored by sending a request to the Central Catalog of Credit Histories of the Bank of Russia, and then contact this (these) credit history bureaus to obtain a credit history ...
The subject of the credit history has the right in each credit history bureau, which stores the credit history about him, no more than twice a year (but not more than once on paper) free of charge and any number of times for a fee without giving reasons to receive a credit report on his credit history, including the individual rating of the subject of the credit history (if any).
Subject of credit history
without using the credit history subject code:
- on the Single portal state and municipal services (EPGU) (for reference: when forming a request for the provision of a service through the EPGU, the details of only a valid passport of a citizen of the Russian Federation are used);
- to any credit organization;
- to any credit bureau;
- to any microfinance organization;
- to any credit cooperative;
- to the telegraph office (post office (telecommunication office), in which telegraph services are provided);
- to any notary;
using the credit history subject code:
- to the official website of the Bank of Russia () to fill out the request form
User credit history can obtain information from the Central Directory of Credit Histories by contacting:
without using an additional code of the subject of credit history:
- through a credit institution, credit bureau, notary, microfinance institution or credit cooperative;
using an additional code of the subject of credit history:
- through the official website of the Bank of Russia in the information and telecommunications network "Internet" () by filling out the request form "Request for information about credit bureaus" posted in the section "Credit histories".
Pay attention! Response from the Central Directory of Credit Histories “No relevant information found. Specify the details of the request ”means that there is no information on the details specified in the request in the Central Catalog of Credit Histories. This answer can be obtained in the following cases:
- in the absence of credit history;
- if an incorrect (non-existent) code (additional code) of the subject of credit history is indicated (if a request is sent by filling out a form in the section "Credit Histories" of the official website of the Bank of Russia on the Internet);
- if an error (typo) was made in the information about the subject of the credit history when filling out the request;
- if the credit history was formed for another identity document (for individuals), for example, for a previous passport. In this case, it is advisable to send a request to the Central Catalog of Credit Histories, indicating the details of this particular identity document.
In the event that an error (typo) was made in the request when specifying the full name or data of an identity document (for individuals), taxpayer identification number or main state registration number (for legal entities), code (additional code) of the subject of credit history, you should re-send the request to the Central Catalog of Credit Histories, having correctly specified all the necessary details ...
Sending a request to the Central Catalog of Credit Histories through EPGU
Part 7.1 of Article 13 Federal law dated 30.12.2004 No. 218-FZ "On credit histories"
The request is sent to the Central Catalog of Credit Histories without using the code (additional code) of the subject of the credit history through the Unified Portal of State and Municipal Services (Functions) (EPGU):
- the subject of credit history.
The service "Information about the CRI, which (which) stores the credit history of the subject of credit history" is available in the information and telecommunications network "Internet" at www.gosuslugi.ru in the section of the Service Catalog "Tax and Finance" in the subsection "All services / Industry references and registers ".
When forming a request for the provision of a service, the details of a valid passport of a citizen of the Russian Federation are used. To obtain information on previous (invalid) passports, it is recommended to use other methods of obtaining information from the Central Catalog of Credit Histories, listed below.
Sending a request directly to the Central Catalog of Credit Histories through the official website of the Bank of Russia
Bank of Russia Ordinance No. 1610-U dated August 31, 2005 “On the Procedure for Sending Requests and Receiving Information from the Central Catalog of Credit Histories by a Subject of Credit History and a User of Credit History by Contacting the Official Website of the Bank of Russia on the Internet”
The request is sent by filling out the form "Request for information about credit bureaus" posted in the section "Credit histories" of the official website of the Bank of Russia in the information and telecommunications network "Internet", indicating the e-mail address to which a response will be sent from the Central Catalog credit histories and code (additional code) of the subject of credit histories.
The Central Directory of Credit Histories will respond by email only. In addition, in the section "Credit histories" of the official website of the Bank of Russia in the information and telecommunications network "Internet" it is possible:
- generate an additional code for the subject of credit history (if there is a code for the subject of credit history).
The subject of credit history has the right to generate the code of the subject of the credit history, as well as change or cancel it, when concluding a loan (credit) agreement, as well as later, by contacting any credit organization or any credit history bureau, provided that there is a credit history in at least one credit bureau. stories. The code (additional code) of the subject of the credit history cannot be generated in the absence of a credit history.
Sending a request to the Central Catalog of Credit Histories through a credit institution
Bank of Russia Ordinance No. 3893-U dated December 11, 2015 "On the Procedure for Sending Requests and Obtaining Information from the Central Catalog of Credit Histories by Contacting a Credit Institution"
The request is sent to the Central Catalog of Credit Histories without using the code (additional code) of the subject of the credit history through the credit institution:
In order to confirm the legality of the provision of information, the credit institution identifies the person requesting information about the credit history bureau, in which (which) the credit history is stored, on the basis of the documents provided ().
Also, the subject of credit history through a credit institution can:
- change the code of the subject of the credit history;
- cancel the code of the subject of the credit history;
Submitting a request to the Central Catalog of Credit Histories through a credit bureau
The request is sent to the Central Catalog of Credit Histories without using the code (additional code) of the subject of the credit history through the credit history bureau:
- a subject of credit history (a representative of a subject of credit history);
- a user of a credit history (a representative of a user of a credit history);
- a financial manager approved in the insolvency (bankruptcy) case of the subject of credit history - an individual.
In order to confirm the legality of the provision of information, the credit history bureau identifies the person requesting information about the credit history bureau, in which (which) the credit history is stored, on the basis of the documents provided ().
The financial manager must also present the original or a copy of the judicial act on the approval of the financial manager in the insolvency (bankruptcy) case of an individual certified in accordance with the procedure established by law, information about which is requested.
The user of the credit history must provide the consent of the subject of the credit history to receive a credit report, drawn up in accordance with the requirements of Federal Law No. 218-FZ dated 30.12.2004 "On Credit Histories".
Also, the subject of credit history through the credit bureau can:
- generate a code for the subject of credit history;
- change the code of the subject of the credit history;
- cancel the code of the subject of the credit history;
- generate an additional code for the subject of credit history.
Sending a request to the Central Directory of Credit Histories through a microfinance organization and a credit cooperative
Bank of Russia Ordinance No. 3572-U dated February 19, 2015 "On the procedure for sending inquiries to the Central Catalog of Credit Histories and obtaining information from it about the credit history bureau, which stores the credit history of the subject of credit history, through the credit history bureau"
The subject of the credit history (the user of the credit history, the financial manager approved in the insolvency (bankruptcy) case of the subject of the credit history - an individual) sends a request and receives information from the Central Catalog of Credit Histories by contacting a microfinance organization or credit cooperative for this purpose, which transmit the request through the credit bureaus in the manner prescribed by Bank of Russia Ordinance No. 3572-U dated February 19, 2015 “On the procedure for sending inquiries to the Central Catalog of Credit Histories and obtaining information from it about the credit bureau, which stores the credit history of the subject of credit history, through the bureau credit histories ".
Submitting a request to the Central Directory of Credit Histories through post offices
Bank of Russia Ordinance No. 3934-U dated January 18, 2016 "On the Procedure for Sending Requests and Obtaining Information from the Central Catalog of Credit Histories by Contacting Post Offices"
The request is sent to the Central Catalog of Credit Histories (hereinafter - CCCI) by the subject of credit history and the financial manager approved in the insolvency (bankruptcy) case without using the code of the subject of the credit history by contacting post offices (telecommunications offices), which provide telegraph services , in accordance with the Order of the Ministry information technologies and communications of the Russian Federation dated September 11, 2007 No. 108 "On approval of requirements for the provision of telegraph services in terms of receiving, transmitting, processing, storing and delivering telegrams" at the conditional address "Moscow TsKKI".
As part of the request of the subject of credit history - an individual, including an individual entrepreneur, as well as a financial manager, it is necessary to indicate the following list of details of the subject of credit history:
- surname;
- middle name (if any);
- data of the passport or other identity document in accordance with the legislation of the Russian Federation (series, number, date of issue of the passport) ();
A telegram containing a request from a subject of credit history - an individual, including an individual entrepreneur, is signed by him personally in the presence of a telecom operator.
When sending a request by the subject of the credit history, the operator checks the compliance of the information specified by the subject of the credit history with the submitted identity document of the subject of the credit history, and makes a certifying inscription, for example: "The personal signature of the passport data of Mikhail Viktorovich Smirnov is certified by the head of the 26th post office Ivanov."
The telegram sent by the financial manager is signed by the financial manager in the presence of the telecom operator, and the signature of the subject of the credit history is not required. When a telegram is sent by a financial manager approved in an insolvency (bankruptcy) case of an individual, the signature of the financial manager is certified on the telegram after the employee of the post office (telecommunication department) checks the judicial act approving the financial manager in the insolvency (bankruptcy) case of the requested subject of credit history - an individual. At the same time, a note is made that the request was sent by the financial manager (in any form).
As part of the request for a subject of credit history - a legal entity, the following list of details must be specified:
- full name of the legal entity;
- the main state registration number of the legal entity (for legal entities registered on the territory of the Russian Federation);
- taxpayer identification number (for legal entities registered on the territory of the Russian Federation);
- e-mail address to which the reply from CCCI will be sent.
A telegram containing a request from a subject of credit history - a legal entity must be signed by an authorized official of the organization and certified by the seal of the organization. Together with the telegram, the submitter - a legal entity presents the originals (or notarized copies) of documents on the unified state registration number of the legal entity and on the taxpayer identification number.
The operator verifies the data of these documents with those indicated in the text of the request telegram and produces a certification inscription confirming the fact state registration legal entity in the Registration Chamber and assignment of a taxpayer identification number to it, for example: "The fact of registration of JSC Informatika in the Moscow Registration Chamber under No. 102773959981 and the assignment of taxpayer identification number 774355555 to it is certified by the operator of 12 post office Petrov."
The e-mail address is filled in in Latin script with the obligatory affixing of all the necessary characters. The @ symbol in the e-mail address is replaced with (a) - the letter "a" in brackets, the "_" sign is recommended to be written with the words "underscore".
Attention! When sending a request by telegram, all the above details must be indicated! All data of the request are given in the text of the telegram on a new line. A response from the Central Directory of Credit Histories is sent to the email address indicated in the telegram.
If the reply of the Central Catalog of Credit Histories to the telegram has not been received within 3 working days, it is advisable for the subject of the credit history, the financial manager to contact the Central Catalog of Credit Histories through the Internet reception of the Bank of Russia. In your appeal, you must indicate the date of sending the telegram to the Central Catalog of Credit Histories, full name. (for an individual) or name (for a legal entity), as well as the email address indicated in the telegram.
Sending a request to the Central Directory of Credit Histories through a notary
Bank of Russia Ordinance No. 3701-U dated June 29, 2015 "On the procedure for sending inquiries and obtaining information from the Central Catalog of Credit Histories by submitting a request through a notary"
The request is sent to the Central Catalog of Credit Histories without using the code (additional code) of the subject of the credit history by submitting an application containing the relevant request through a notary:
- by the subject of credit history (a representative of the subject of credit history by proxy);
- the user of the credit history (a representative of the user of the credit history by proxy);
- a financial manager approved in the insolvency (bankruptcy) case of the subject of credit history - an individual.
In order to confirm the legality of providing information, the notary identifies the person requesting information about the credit history bureau, in which (which) the credit history is stored, on the basis of the documents provided ().
The financial manager must also present the original or a copy of the judicial act on the approval of the financial manager in the insolvency (bankruptcy) case of an individual certified in accordance with the procedure established by law, information about which is requested.
The user of the credit history must provide the consent of the subject of the credit history to receive a credit report, drawn up in accordance with the requirements of Federal Law No. 218-FZ dated 30.12.2004 "On Credit Histories", a copy of which remains for storage with a notary.
On the day of receipt of the application, the notary sends a request to the e-mail address of the Federal Notary Chamber for subsequent transmission to the Central Catalog of Credit Histories. At the request of the person who submitted the specified application, he is issued a certificate of transfer of the application. The subject of the credit history (the user of the credit history), as well as the financial manager approved in the insolvency (bankruptcy) case, have the right to indicate his address and the method of sending him the answer from the Central Catalog of Credit Histories.
Each person who already has the status of a borrower, or plans to use a banking product, must independently monitor the state of his credit history. To do this, it is enough from time to time to make a request to the BCI and receive a report on the current state of affairs. But in view of the fact that in # 218 some changes were made, individuals it is worth considering these legislative innovations.
Who is affected by the change
President of the Russian Federation 08/03/2018 Law FZ No. 327 on amendments to Federal Law No. 218 "On Credit Histories" was signed. The amendments that have come into force apply not only to Russian citizens acting as subjects of CI, but also to users, which are:
- banks;
- microfinance organizations;
- other financial structures specializing in lending to individuals and business entities.
Thanks to legislative innovations, the basic concepts and rules have been supplemented:
- identification of borrowers;
- cI content;
- creating requests and obtaining consent for the issuance of reports;
- bKI rights, etc.
Changing concepts
Legislators changed the basic concept credit agreement... Now this category should include bank account agreements that give customers the right to make payments (on the principle of credit), even in the absence of funds for them.
Clause 4 of the law has also been amended, which specifies who can submit information to the BCH. Now this can be done by liquidators of legal entities (liquidation commissions), as well as mortgage agents or specialized financial communities that have acquired rights of claim for obligations arising from borrowers.
Legislative innovations have also affected the content of CI:
- In the title part, a place is now allocated for entering data from passports by citizens of other states, and information from other identifying documents by persons without Russian citizenship.
- The date of the beginning of the formation of the credit history is the date of the beginning of the fulfillment of obligations by the guarantor.
The procedure for forming and sending requests to the BCI
Starting from 03.08.2018 the rules for obtaining and granting consent to the issuance of a CRI report for individuals and business entities have changed. If a commercial organization or an individual entrepreneur acts as a subject, then the consent must be drawn up on paper and contain the following information about the official representative (at the end, a signature is put):
- passport or any other identifying document;
- document confirming the authority of the representative.
If the consent is issued in electronic form, then to certify the document you will need:
- qualified (enhanced) ES;
- unqualified (reinforced) EP;
- simple EP.
Attention! The validity period of the consent was increased to 6 months from the date of registration of the document This amendment to the Federal Law will enter into force on January 31, 2019.The storage period of the subject's consent to receive the main part of the CI has been reduced to 3 years, starting from the date of its expiration
1. The Bureau of Credit Histories provides a credit report:
1) the user of the credit history - upon his request;
2) to the subject of credit history - at his request to familiarize himself with his credit history;
3) to the Central Catalog of Credit Histories - the title part of the credit report;
4) to a court (judge) in a criminal or civil case pending in its proceedings, a financial manager approved in an insolvency (bankruptcy) case of a subject of credit history - an individual, and, with the consent of the head of an investigative body, to the preliminary investigation bodies for an initiated criminal the case in their proceedings - an additional (closed) part of the credit history in accordance with part 13 of this article;
5) to the federal executive body authorized to exercise the functions of ensuring the established procedure for the activities of the courts and the execution of judicial acts and acts of other bodies - the title and main part of the credit history at his request;
6) to a notary in connection with the need to verify the composition of inherited property when performing notarial actions to issue a certificate of the right to inheritance - the title, main and additional (closed) parts of the credit history;
7) to the Bank of Russia - at its request, the title, main, additional (closed) and informational parts of the credit history. The format and procedure for providing information from credit bureaus are established by the Bank of Russia.
2. The credit bureau provides a credit report to the user of the credit history on the basis of an information services agreement concluded between the user of the credit history and the credit bureau.
3. Individuals, with the exception of individual entrepreneurs, are entitled to receive credit reports only if they are subjects of the respective credit histories for which credit reports are requested.
4. The main part of the credit history is provided to the user of the credit history only on the basis of a request containing full information about the subject of the requested credit history from the title part of the credit history.
(see text in previous edition)
5. When providing the user with the credit history of the credit report, the credit bureau shall enter the following information into the additional (closed) part of the credit history:
1) in relation to a user of credit history - a legal entity:
a) the full and abbreviated (if any) name of the legal entity, including the company name, the name in one of the languages \u200b\u200bof the peoples of the Russian Federation and (or) a foreign language (in the latter case, written in the letters of the Latin alphabet);
(see text in previous edition)
b) the main state registration number of the legal entity;
(see text in previous edition)
(see text in previous edition)
e) the date of the request;
2) in relation to a user of credit history - an individual entrepreneur:
a) information on the state registration of an individual as an individual entrepreneur;
b) last name, first name, patronymic (if the latter is available) (last name, first name, patronymic, if changed) in Russian (for foreign citizens and stateless persons, written in the letters of the Latin alphabet based on the information contained in the identity document in accordance with with the legislation of the Russian Federation);
(see text in previous edition)
c) taxpayer identification number;
d) data of a passport of a citizen of the Russian Federation (data of previously issued passports of a citizen of the Russian Federation in the presence of information) or, in the absence thereof, of another identity document in accordance with the legislation of the Russian Federation (series, number, date and place of issue, name and code of the issuing authority passport or other identity document);
(see text in previous edition)
e) the date of the request.
6. Credit reports are provided to the subject of credit history upon his request in one of two forms:
1) in writing, certified by the seal of the credit bureau and signed by the head of the credit bureau or his deputy;
2) in the form of an electronic document signed with an electronic signature in accordance with the legislation of the Russian Federation or another analogue of the handwritten signature of the head or other authorized person of the credit bureau.
(see text in previous edition)
6.1. The request of the subject of credit history - an individual, with the exception of an individual entrepreneur, for the provision of a credit report can be sent:
1) in writing on paper with the handwritten signature of the subject of the credit history when the subject of the credit history submits a passport or other identity document to the credit history bureau;
c) a simple electronic signature or a reinforced unqualified electronic signature if the use of the corresponding electronic signature provided for by an agreement between the subject of credit history and the credit history bureau, subject to the identification of such a subject of credit history by the credit history bureau in accordance with clause 1 of part 7.2 of this article;
d) a simple electronic signature or a reinforced unqualified electronic signature in the event that the use of the corresponding electronic signature is provided for by an agreement between the subject of credit history being serviced by a credit institution and this credit institution through which the said subject of credit history applies for a credit report and which entered into an agreement on the provision of information services with the credit history bureau, to which the request is sent, after the specified credit institution identifies such a subject of credit history when accepting it for service in accordance with the requirements of subparagraph 1 of paragraph 1 of paragraph 5.8 of Article 7
3) in writing on paper with a handwritten signature of the subject of credit history, the authenticity of which is certified by a notary in accordance with the legislation of the Russian Federation on notaries;
4) in the form of a telegram, certified by the communications operator in accordance with the legislation of the Russian Federation in the field of communications, upon presentation by the subject of credit history to the communications operator a passport or other identity document.
6.2. If the subject of the credit history - an individual, except for an individual entrepreneur, sends a request for a credit report in the manner prescribed by subparagraph "d" of paragraph 2 of part 6.1
6.3. In requests sent by the subject of credit history - an individual, with the exception of an individual entrepreneur, in accordance with subparagraph "d" of paragraph 2, paragraphs 3 and 4 of part 6.1 of this article, the following information about the specified subject of credit history should be included - surname, name, patronymic (if any), series and number of the identity document, as well as the date of birth.
6.4. A request from a subject of credit history - an individual entrepreneur or a subject of credit history - a legal entity for a credit report can be sent to:
1) in writing on paper with a handwritten signature of the subject of credit history - an individual entrepreneur or an authorized representative of a legal entity that is a subject of credit history, when an individual entrepreneur submits a passport or other identity document to the credit history bureau, and an authorized representative of the said legal entity passport or other identity document and a document confirming his authority;
2) in the form of an electronic document signed in one of the following ways:
a) enhanced qualified electronic signature;
b) a simple electronic signature or a reinforced unqualified electronic signature in the event that the use of the corresponding electronic signature is provided for by an agreement between the subject of credit history (individual entrepreneur or legal entity) and the credit bureau, at the conclusion of which the credit bureau identified the said subject of credit history in in accordance with paragraph 1 of part 7.3 of this article;
c) a simple electronic signature or a reinforced unqualified electronic signature if the use of the corresponding electronic signature is provided for by an agreement between the subject of credit history (individual entrepreneur or legal entity) serviced by a credit institution and this credit institution through which the said subject of credit history applies for a credit report and which has entered into an agreement on the provision of information services with the credit history bureau to which the request is sent, after this credit institution identifies such a subject of credit history when accepting it for service in accordance with the requirements of subparagraph 1 of paragraph 1 of Article 7 of the Federal Law of August 7, 2001 N 115-FZ "On Counteraction to Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism";
3) in writing on paper with a handwritten signature of the subject of credit history - an individual entrepreneur or an authorized representative of a legal entity that is a subject of credit history, the authenticity of which is certified by a notary in accordance with the legislation of the Russian Federation on notaries;
4) in the form of a telegram, certified by the communications operator in accordance with the legislation of the Russian Federation in the field of communications, upon presentation to the communications operator by the subject of credit history - an individual entrepreneur of a passport or other identity document, and by an authorized representative of a legal entity that is a subject of credit history, a passport or other identity document and a document confirming his authority.
6.5. If the subject of credit history - an individual entrepreneur or the subject of credit history - a legal entity sends a request for a credit report in the manner prescribed by subparagraph "c" of paragraph 2 of Part 6.4 of this article, the credit institution is not entitled to familiarize itself with the content of this credit report.
6.6. The requests sent by the subject of credit history - an individual entrepreneur or the subject of credit history - a legal entity in accordance with subparagraph "c" of paragraph 2, paragraphs 3 and 4 of part 6.4 of this article, must include the following information about the relevant subject of credit history:
1) about an individual entrepreneur - last name, first name, patronymic (if any), series and number of the identity document, as well as the date of birth and information on the state registration of an individual as an individual entrepreneur, individual taxpayer number;
2) on a legal entity - the name, company name (abbreviated company name, if any) of the legal entity, the main state registration number of the legal entity, taxpayer identification number. In requests sent by the subject of credit history - a legal entity in accordance with clause 4 of part 6.4 of this article, information about the authorized representative of the specified legal entity (last name, first name, patronymic (if any), series and number of the identity document, and information about the document confirming his authority).
7. The Bureau of Credit Histories, having identified the subject of credit history, provides him with a credit report:
1) in case of personal contact with the credit bureau - on the day of contact;
2) otherwise - within a period not exceeding three working days from the date of receipt of the request.
(see text in previous edition)
7.1. The credit history bureau, having identified the user of the credit history, provides him with a credit report within a period not exceeding three working days from the date of the request for its provision.
7.2. Identification of the subject of credit history - an individual, with the exception of an individual entrepreneur, in order to provide him with a credit report, is carried out by the credit history bureau in one of the following ways:
1) by personal presentation by the subject of the credit history of a passport or other identity document;
2) by the subject of a credit history authorization in a unified identification and authentication system using an enhanced qualified electronic signature or a simple electronic signature, the key of which was obtained in person in accordance with the rules for using a simple electronic signature when applying for state and municipal services in electronic form established by the Government of the Russian Federation. The identification provided for in this paragraph is carried out on the basis of the following information about the subject of credit history provided from the unified identification and authentication system - last name, first name, patronymic (if any), series and number of the identity document, as well as the date of birth;
7.3. The identification of the subject of credit history - an individual entrepreneur or the subject of credit history - a legal entity in order to provide them with a credit report is carried out by the credit bureau in one of the following ways:
1) by personal presentation by the subject of credit history - an individual entrepreneur of a passport or other identity document, and by an authorized representative of a legal entity that is a subject of credit history, a passport or other identity document, as well as a document confirming his authority;
2) using the qualified certificate of the electronic signature verification key when the subject of credit history - an individual entrepreneur or the subject of credit history - a legal entity - sends a request for a credit report in the form of an electronic document signed with an enhanced qualified electronic signature;
8. The credit report is provided to the users of credit histories and the financial manager approved in the insolvency (bankruptcy) case of the subject of the credit history - an individual, only in the form of an electronic document signed with an electronic signature in accordance with the legislation of the Russian Federation or another analogue of the handwritten signature of the head of credit bureaus histories or other authorized person of the credit bureau.
(see text in previous edition)
9. The credit report is provided to the user of the credit history with the consent of the subject of the credit history. The consent of the subject of the credit history must contain the purpose and date of registration of the specified consent, as well as the name of the user of the credit history - a legal entity or the surname, name and patronymic (if any) of the user of the credit history - an individual entrepreneur. The consent of the subject of the credit history to receive his credit report can be obtained by the user of the credit history:
1) in writing on paper with a handwritten signature of the subject of credit history - an individual, including an individual entrepreneur, or an authorized representative of a legal entity that is a subject of credit history, upon presentation to the user of a credit history by an individual, including an individual entrepreneur, a passport or another identity document, and a passport or other identity document and a document confirming his authority by the authorized representative of the specified legal entity;
2) in the form of an electronic document signed by a subject of credit history - an individual, with the exception of an individual entrepreneur, in one of the following ways:
a) enhanced qualified electronic signature;
b) a simple electronic signature, the key of which was obtained in person in accordance with the rules for using a simple electronic signature when applying for state and municipal services in electronic form established by the Government of the Russian Federation;
c) a simple electronic signature or a reinforced unqualified electronic signature if the use of the corresponding electronic signature is provided for by an agreement between the subject of credit history and the user of credit history, at the conclusion of which the specified subject of credit history presented a passport or other identity document;
d) a simple electronic signature or a reinforced unqualified electronic signature in the event that the use of the corresponding electronic signature is provided for by an agreement between the subject of a credit history being serviced by an organization performing transactions with in cash or other property, and a user of a credit history, which is a specified organization that carries out transactions with monetary funds or other property, after such a user of a credit history identifies this subject of a credit history when accepting it for service in accordance with the requirements of subparagraph 1 of paragraph 1 (except for the simplified identification of a client - an individual) or clause 5.8 of Article 7 of the Federal Law of August 7, 2001 N 115-FZ "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism";
3) in the form of an electronic document signed by a subject of credit history - an individual entrepreneur or a subject of credit history - a legal entity in one of the following ways:
a) enhanced qualified electronic signature;
b) a simple electronic signature or a reinforced unqualified electronic signature if the use of the corresponding electronic signature is provided for by an agreement between the subject of the credit history (individual entrepreneur or legal entity) and the user of the credit history, at the conclusion of which the subject of the credit history - the individual entrepreneur presented a passport or other an identity document, and an authorized representative of a legal entity that is a subject of credit history, a passport or other identity document and a document confirming its authority;
Do I need the borrower's consent to interact with the CRI? Many people prefer to hide information about loans and credits, which is reasonable. Find out if this information is strictly confidential.
Data transfer to BKI
For more than ten years, the law "On Credit Histories" has been in effect, which determines the interaction of participants credit relations: entities (borrowers and guarantors), sources of formation (banks, credit cooperatives and organizations, MFOs, as well as officially registered lenders under loan agreements) and BCH.
According to the current Federal Law, the sources of CI formation are obliged to regularly provide all information about debt obligations to the BCH. The basis for the transfer will be the execution of an agreement on the receipt of information services. The terms of cooperation are determined by the bureau.
Organizations that provide citizens with funds in the form of loans or lending services are large and small banks that are officially registered as MFIs, credit cooperatives and mobile operators that have the right to lend money. All of them undertake to provide data on transactions performed in relation to borrowers, principals (main debtors) and guarantors at least to the only BKI included in the list of state. registry. But the source of formation can cooperate with several bureaus, this is allowed and allowed by the provisions of the Federal Law.
The bureau of credit histories of St. Petersburg and other cities of the country cooperate with issuing finance on the terms of loans and crediting entities. And if earlier, banking, credit and microfinance organizations required permission from the person who entered into the contract and has debentures, on sending information to the credit bureaus, now the situation is different and radically opposite. Consent for provision from the subject of CI is no longer required, that is, data on transactions are not confidential and are available to the CRI. This allows for comprehensive, reliable and detailed reporting that may be needed by different groups of people.
Good to know: the organization that issued funds, in accordance with current legislation, must promptly transmit all the details of the contracts being concluded. They include existing debt obligations, payments being made, delays and penalties, credit conditions, and contract closure. If some data has not been transferred to the bureau, the client of the bank or MFO has the right to demand their provision in order to obtain reliable CI.
Providing reports
The bureaus not only store the information they receive, but also issue it in the form of reports upon request. To apply, you can contact the office in person, send a letter or telegram, or go to the official website of the BCI (Moscow and all other cities have full access to Internet resources).
CIs are issued to subjects of credit relations (individuals who have entered into agreements with banks, MFOs, cooperatives) upon request, judicial authorities regarding civil and criminal cases, federal authorities in the execution of acts, a notary when checking the composition of property and The Central Bank... But not all parts of the report may be available, but only the title and main parts. Others are provided in certain situations established by law.
Information is issued not only to CI users. An individual entrepreneur can receive data about other persons, as well as officially registered organizations, and not only carrying out financial activities... The history may be needed by an employer when hiring an employee, a partner when establishing cooperation, an insurance organization. Information will be received at the request of these categories of citizens without the consent of the subject of CI.
Good to know: if a borrower wants to find out what information about him is available to other subjects who have requested his CI, he can use the service.
The consent to interaction with the credit history entity is not required from the subject of the credit history, although the situation was different earlier. This means that data on existing and closed credit and loan agreements available bureau with which the bank or MFI will conclude an agreement. And this change is justified, because credit history is a fundamental decision-making criterion when considering applications for the issuance of funds to citizens at interest. For more accurate information, refer to the current Federal Law.
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