The register for the return of state guarantees is created

2024-10-23 20:30:00, Aktualitet CNA

The register for the return of state guarantees is created

Prime

This Wednesday, the Council of Ministers has decided to create the register for the return of state guarantees for keeping, archiving and updating data on guarantees and collecting all documentation and reports of lenders.

The register for the return of state guarantees, as a database, operates, is administered and interacts with other databases, in accordance with the rules of the legislation in force for state databases.

The technical administrator of the register is the National Agency of the Information Society, while the owner with full rights and responsibilities for the data that is stored, administered and processed is the Agency for the Management of Guarantees and Irrevocable Credits.

The Ministry of Finance, the Agency for the Management of Guarantees and Irrevocable Loans and the National Agency of the Information Society have been tasked with creating the register.

Contents of the log

1. The data contained in the register for the return of state guarantees are divided into primary and secondary data, as follows:

a) Primary data for the management of state guarantees will be considered:

i. identification code;

ii. the product;

iii. description-action;

iv. date of payment;

c. amount disbursed;

vi. principal installment status;

vii. payment settlement date;

viii. principal;

ix. principal coverage percentage;

x. interest and interest coverage measure from the guarantee;

xi. stock;

xii. documentation in PDF form;

xiii. data related to assets left as collateral or seized;

xiv. collateral returns from borrowers.

b) Secondary data for the management of state guarantees will be considered:

i. data on the subject/natural or legal person;

ii. NIPT;

iii. data on the individual's genealogy (for natural persons, guarantors or administrators of the subject);

iv. personal identification number (ID) of the subject or natural person;

c. commercial register data for the subject's registration date, the name of the subject/commercial company, the unique identification number of the subject, the type of commercial company (its form of organization);

vi. identification data of the founders;

vii. data for the headquarters/location of the business or for the administrator;

viii. data related to movable and immovable assets;

ix. data on credit status in second-level banks;

x. data on social security payment status.

Database connection

1. The Agency for the Management of Guarantees and Unreturned Credits (hereinafter AMGKP) determines the interaction of the register for the return of state guarantees with other state databases.

2. AMGKP, for the register for the return of state guarantees, interacts by exchanging data with the register databases, as follows:

a) The State Cadastre Agency, which receives information for the borrower about the property number, cadastral area, volume, page, address of the property;

b) The General Directorate of Civil Status, which receives information about the borrower from the National Register of Civil Status (RKGJC), of the year 2010, for residence data, family composition and components of civil status of citizens;

c) The National Business Center, which receives information about the status of the activity (active, passive), the historical extract of borrowers;

ç) General Directorate of Road Transport Services;

d) The Bank of Albania, which receives information from second level banks, if the borrower is a bad debtor;

dh) The Institute of Social Insurance, which receives information regarding the insurance payments of the employees, who are in charge of the borrowers;

ë) Register of insurance liens;

e) Register of beneficial owners;

f) The register of bank accounts (the central register of bank accounts and security tapes, as a state database, in which data is recorded and stored, according to the provisions of law no. 154/2020, "On the central register of bank accounts", amended, in electronic form).

3. All data administered by the registry and documentation, which is administered in the system, are kept complete by the financial institutions for 10 (ten) years from the closure of the bank account or the security tape. The processing of personal data and the information of the subject of personal data by financial institutions is carried out according to the rules provided by the legislation in force for the protection of personal data.

4. The data kept in the register contain banking and professional secrecy and must be treated and preserved as such by all authorities that have access to them.

5. The data collected from the registry will be used for:

a) debt collection;

b) management of special loan guarantee schemes;

c) return of state loan guarantees;

ç) return of loans and sub-loans granted by the minister responsible for finance;

d) verification of the solvency of the borrowing entities, for which the guarantee payment has been made in each of the approved loan and subloan guarantee schemes, given by the minister responsible for finance;

dh) statistical analysis processing;

e) identification and real-time reporting of data related to borrowers or different needs of the work process.

6. The Agency for the Management of Guarantees and Irrevocable Loans is the information administrator and responsible for updating the register.

Access levels

1. Access to the registry is defined as follows:

a) Reader;

b) Data processor;

c) Administrator.

2. Reader is the structure responsible for monitoring and supervising special guarantee schemes and the structure responsible for verifying guarantee claims and confirming contracts.

3. The data processor is the structure responsible for monitoring and supervising special guarantee schemes and the structure responsible for verifying guarantee claims and confirming contracts, which have two levels of access for processing:

a) The data processor with economic content is the structure responsible for monitoring and supervising special guarantee schemes and processes data related to:

i. adding new loans;

ii. the processing of the identification code, the name of the subject or natural person;

iii. the product;

iv. description of the action;

c. date of payment;

vi. the amount disbursed;

vii. principal installment status;

viii. payment settlement date;

ix. the principal;

x. the percentage of principal coverage;

xi. the interest and the amount of interest coverage by the guarantee;

xii. the stock of liability to the lender and the stock of liability to the Ministry of Finance;

xiii. the amortization schedule.

b) The data processor with legal content is the structure responsible for verifying guarantee requirements and confirming contracts and processes and uploads to the system all the legal documentation of the lender-borrower relationship, such as:

i. the banks' agreements with the ministry responsible for finance;

ii. bank contracts with each of the borrowers;

iii. agreements of understanding with banks and borrowers;

iv. letters received from the bank to AMGKP related to the subject for warranty call or data completion;

c. letters made by AMGKP to banks for information requests;

vi. letters made by the AMGKP to the borrowers regarding the obligation they have towards the ministry responsible for finances;

vii. monthly reporting letters, received from the banks in AMGKP and any other letter or legal document related to the subject of the activity./ CNA