How can a claimant get into the state register? What do experts think about the collection agency registry? Which collection companies are included in the register.

On January 16, 2017, a register of collection agencies appeared on the FSSP website in accordance with the basic requirements of the Federal Law. This document allows you to verify the legality of conducting professional collection activities. Accordingly, every person should know how to check whether a collection agency is included in the state register in the event of professional debt collectors contacting them regarding a debt.

How to find the registry of collection agencies

Why do ordinary citizens need a registry of collectors?

You can officially verify the legitimacy of the company that is applying for debt;

The document indicates the legal address of the organization, which will make it easy to find the addressee to whom to write a statement or claim in the event of any incidents;

The register indicates the exact website with which you can study the information (contact details, addresses of the nearest offices), as well as clarify it (via the hotline or by sending an application to the organization’s email address);

Basic requirements for collection agencies

The Federal Law (230-FZ) states the basic requirements for the activities of collectors and collection agencies, such as:

Have mandatory state registration of the organization on the territory of Russia;

The collection agency must be included in the state register (can be checked on the FSSP website);

The employee must not have a criminal record in the economic sphere or be convicted of a crime against state power;

The employee must not have any diseases that interfere with his work in this organization.

Their responsibilities include:

Maintain a list of employees who have access to the debtor’s personal information (the employee must give a receipt for familiarization with the Federal Law, and is also obliged to maintain the confidentiality of information);

Keep all paper and electronic documents for three years from the date they were sent or received;

Keep an audio recording of all cases of interaction with the debtor, warning him about this, and also store these recordings on media for at least three years;

Provide the authorized body with a report on its activities and inform it about changes made to its constituent documents;

Comply with the requirements provided for in Art. 13 230-FZ.

Restrictions on the activities of collectors

Federal Law (230-FZ) introduced restrictions for collection agencies on January 1, 2017. Thus, these organizations do not have the right:

Disturb the debtor from 20:00 – 9:00 – on holidays and weekends, 22:00 – 8:00 – on weekdays;

Visit the debtor more than once a week;

Call the debtor more than once a day, twice a week and eight times a month;

Send SMS more than twice a day, four times a week and sixteen times a month;

Call the debtor at work numbers and visit him at work;

Hide your phone number, as well as call from phone numbers that do not belong to the collector or creditor;

Contact with third parties (parents, colleagues, neighbors);

Damage or destroy the debtor's property;

Use words that humiliate the honor and dignity of the debtor (third parties);

Use physical force, threats to life and health against the debtor, as well as third parties;

Render psychological impact on the debtor and third parties;

The law also clarifies the borrower's rights to protect his interests. Before each contact, the debtor must be informed:

Last name, first name, patronymic (if any) of the creditor;

Information about whether the borrower is in arrears on the loan;

Contact telephone number of the creditor or a person who has the right to act on his behalf.

If these provisions are violated, the collection agency faces serious fines.

Federal Law (230-FZ) introduces a fairly large number of restrictions on the activities of creditors and collectors. Definitely, innovations will reduce violent and illegal debt collection from borrowers. The law will also make it possible to remove unscrupulous collectors who denigrate the activities of other agencies included in the register. But how the law will be applied in practice - only time will tell.

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, a specific software for recording and storing files, 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 "Credit Security Center" LLC "DA-TsKB"
Limited Liability Company "Kamelot" (LLC "Kamelot")

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Some of the largest collection agencies in Russia were the first to be included in the state register - they operate in most regions of the country, but to be included in the state register they only need to submit documents in the region where they are registered as legal entities.

“We are starting this work, this is a new direction for us. From January 1, a department of 22 people will function in the management structure (UFSSP in Moscow). Life will show whether such a number is enough for Moscow to control collection activities,” noted Zamorodskikh, adding that, according to some estimates, up to half of the collection agencies operating in Russia may submit applications in Moscow for inclusion in the state register.

The head of the FSSP of Russia, Andrei Abramov, recalled that from January 1, collection agencies that are not included in the state register will not be able to continue their activities, and legal entities for such activities will face a fine of up to 2 million rubles.

According to Abramov, today collection agencies have begun to actively submit applications. “As of today, documents have already been submitted in 7-8 regions. 4 applications were received in Irkutsk, 5 in St. Petersburg, 1 in Perm,” he said.

Promptly review documents

Representatives of collection companies who received the certificates admitted that they were preparing for the worst and were pleasantly surprised by the quick consideration of the documents. Director of the legal department of the First Collection Bureau (one of the largest agencies engaged in purchasing overdue debt throughout the country), Denis Frolov, noted in an interview with TASS that if this had not happened, then from January 1 it would have been a fairly serious failure in financial activities both banks and the entire financial system.

The company collects 340 billion rubles of overdue debt, unites about 1.5 thousand people and has one of the largest networks throughout the country. “I can’t speak for others, but this is a huge industry, which is entrusted with a rather important function - collecting debts,” he noted.
Frolov also received a certificate of inclusion in the register for the NSV company, which is engaged in debt collection under an agency scheme, concluding agreements with banks. “We submitted the documents on December 26, reviewed them quite quickly and smoothly. There were some issues related to correcting the information we provided, but we clarified it,” he noted.

General Director of M.B.A. Finance LLC Fedor Vakhato (the company is part of the international holding M.B.A. Empire, which is represented in many countries around the world) noted that his company employs about a thousand people in Russia alone. It is also one of the largest players in the overdue debt collection market, working with all the largest Russian banks. “We work remotely throughout the country. On average, we have 2.5 million cases per month under the agency scheme,” he said.

“We sent the documents on Monday, and received everything on Friday. To be honest, I’m surprised and flattered that we actually got everything done, because we were already figuring out what to do next: plan “B”, plan “C”. Because without a registry we “We won’t be able to carry out our activities,” he noted. “That’s why today I feel better, this is a New Year’s miracle, I never believed in them, but today it happened.”

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 everything 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, you must attach a copy of the agreement compulsory insurance liability 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.

Sadsha.ru

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, for which it is also 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:

Material prepared by: Sergey Kuzminok