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

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 firms 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 activity as 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 that has a fairly 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.”

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:

	LLC "ActiveBusiness Collection"
	LLC "Credit Finance Agency"
	LLC "Agency R.O.S.dolg"
	LLC "Credit Security Bureau "Russkollektor"
	LLC "GC Financial Services"
	LLC "Debt Agency "Credit Security Center"
	LLC "Camelot"
	LLC "Credit Inkaso Rus"
	LLC "Creditexpress Finance"
	LLC "Company Trust"
	LLC "L-Collection"
	LLC "M.B.A. Finance"
	LLC "National Collection Service"
	P.R.E.S.K.O. LLC
	NJSC "First Collection Bureau"
	JSC "Sequoia Credit Consolidation"
	Sentinel LLC
	LLC "Capital Debt Recovery Agency"
	LLC "Trust - Western Siberia"
	LLC "Trust"
	LLC "Management Company Trust"
	JSC "Financial Agency for Collection of Payments"
	Phoenix LLC
	Filbert LLC
	LLC "Center YUSB-M"
	LLC "TsZ invest"
	LLC "USB Center"
	Everest LLC
	LLC "UVS"

Material prepared by: Sergey Kuzminok

It is important to note the following points here:

1. 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;
2. 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 the 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 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 (the 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

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

1. To get started, go to the website of the Federal Bailiff Service by clicking on this link.

2. After that, select “Services” from the main menu list.

3. In the “Services” section there is a link to information about legal entities whose main activity is aimed at collecting overdue debts, contained in the state register. Click on the section highlighted in the picture.

4. After completing all the steps in sequence, you will see a table with a list of legal collection agencies in the Russian Federation.

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 incident;

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 illnesses that would prevent him from working 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;

Exert a psychological influence 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, 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 "Credit Security Center" LLC "DA-TsKB"
Limited Liability Company "Kamelot" (LLC "Kamelot")

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