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To the Issue of the Legality Concerned with Bank Secret Transfer to Collectors` Organizations

Author (s)

Vakhidov A.I.

Abstract

For today non-availability of a reliable legal base in the Republic of Tajikistan which might regulate an order of effectuation of collectors` activity generates multitude of problems of legal and social slant when this activity is carried out. This article dwells on peculiarities and consequences of the transfer of certain and adequate information about a debtor and his (her) debt to a collectors` organization; the information in question being needed by a collector for effectuation of his work being properly done. This transfer of information occurs under a concession of demand right on debt returning on the part of a credit organization to a collector. Proceeding from the analysis conducted the author makes a conclusion that striking a transaction concerned with concession to collectors` organization on the part of a credit one the latter doesn`t break normative provisions related to a bank secret. A collectors` organization is obliged to keep in secret the information it enjoys to know but being the secret of the bank, it bears responsibility for its divulging established by the law (if it causes damage to a loaner with a bank secret release it is made by the law to reimburse the harm caused).

Keywords

collector, collector`s activity, bank secret, credit story, concession of demand right, collector`s business, bureau of credit stories 

References

1.      Tajikistan Republic Law «On Bank Activity» from May 19, 2009, - # 524 (with alterations and addenda from 27.11.2014).

2.      Tajikistan Republic Law «On Credit Stories» from March 26, 2009, #492. – pp. 28 – 31.

3.      Andronova, T.A. Bank Secret in Hands of Collectors` Agencies / T.A. Andronova // Law and Economics. – 2008. - #2. – pp. 28 – 31.

4.      Dadomatov, D.N., Nishonboev, A.N. Problems of Improvement in Regard to Service Sector in the Republic of Tajikistan / D.N. Dadomatov, A.N. Nishonboev / Bulletin of the Tajik State University of Law, Business and Politics. – 2012. - # 3 (51). – pp. 109 – 113.

5. Novosyolova, L.A. Transactions of Concession of Demand Right in Commercial Practice. Factoring / L.A. Novosyolova. – M.: Statute, 2003. – 494 pp.

Publication date

Tuesday, 12 January 2016