New rules make life easier for debtors in Kazakhstan

Tengrinews.kz — Changes have come into force in Kazakhstan limiting the amount of money that can be debited from citizens’ bank accounts when overdue loans are collected. In certain cases, banks are required to leave debtors with at least 101,702 tenge. However, the rule does not apply to all types of debt collection.
The relevant provisions came into force on October 21, 2026.
How much money must the bank leave the debtor
When overdue debt on a bank loan is collected through a payment request, the borrower’s current accounts must retain an amount equal to at least two subsistence minimums.
In 2026, the subsistence minimum is 50,851 tenge. This means the protected amount is 101,702 tenge.
The law also establishes another restriction: under this collection method, no more than 50 percent of the relevant amount of money in the account may be withheld. The restriction also applies to subsequent account deposits covered by law.
It is important to note that the protected amount is calculated across all of the debtor’s current accounts within one bank, rather than separately for each account.
How it works: an example
Suppose a Kazakh citizen has missed a payment on a bank loan. Their current accounts at one bank contain 150,000 tenge.
The bank issues a payment request to recover the debt. In this case, it must leave the borrower with at least 101,702 tenge. Therefore, the maximum amount that may be withheld from the stated sum under such a request is 48,298 tenge.
If the borrower’s current accounts contain less than the protected minimum, deductions under this mechanism must not reduce the remaining balance below the level established by law.
In addition, the 50 percent limit continues to apply regardless of the protected balance. In other words, the bank must comply with both requirements at the same time.
Which accounts are covered by the restriction
The rule applies when debt on a bank loan is collected through a payment request. It covers the current accounts of individuals, as well as individual entrepreneurs operating as sole proprietors.
The protected minimum is ensured across the borrower’s current accounts within one bank. The restriction does not apply to savings accounts.
It is also important to understand that the protected balance does not release the borrower from their loan obligations. The debt remains, and collection may continue through other methods provided by law.
Why money may still be deducted from a debtor’s account
The two-subsistence-minimum limit does not mean that 101,702 tenge must remain in every frozen bank account. The law distinguishes between several debt collection mechanisms.
The first is collection by a bank through a payment request. This is the situation in which the protected balance of two subsistence minimums applies.
The second is collection through a bailiff. If money is recovered as part of enforcement proceedings through a collection order, other rules apply.
Note: A collection order is a document under which a bailiff, as part of enforcement proceedings, recovers money from a debtor’s bank accounts without their consent.
In particular, when deductions are made from wages and certain other types of income, the debtor must generally be left with at least half of their income, while the remaining amount may not be lower than one subsistence minimum (50,851 tenge in 2026). However, the protections applicable to deductions from income are not the same as the rules governing money that is already held in an ordinary bank account.
Therefore, the protected amount of 101,702 tenge does not automatically apply to all cases in which bailiffs freeze accounts or deduct funds.
What to do if the bank deducted more than allowed
If a bank withheld money through a payment request and the amount left in the current accounts fell below the minimum required by law, the borrower should first clarify the legal basis for the transaction.
In particular, it is important to establish:

who initiated the collection — the bank or a bailiff;
which document served as the basis for the deduction;
what type of account the money was deducted from;
how much money was held in the current accounts at the same bank at the time of collection.

The borrower can then contact the bank and request a written explanation and a review of whether the deduction was lawful.
If the issue is not resolved, the borrower has the right to file a complaint with the Agency for Regulation and Development of the Financial Market. Whether the money is returned will depend on the specific legal basis for the deduction and the circumstances of the case.
Parliamentary inquiry
We previously reported on a proposal to protect a minimum amount in the accounts of Kazakhstanis who have debts.
On October 7, Kurultai deputy Almas Mukhametov appealed to the Chairman of the National Bank with a proposal to establish guarantees ensuring that people retain money for basic living expenses when restrictions are imposed on their bank accounts.
The deputy pointed to the need to clearly spell out such guarantees in agreements used by banks and microfinance organizations. He also proposed ensuring that citizens retain an amount no lower than the established subsistence minimum.
The current changes to banking legislation concern a specific method of collecting overdue bank loans. The question of extending similar protections to debt collection by bailiffs remains a separate matter for legislative regulation.