About Mortgage

Original Language Title: О залоге

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expused force since July 1, 2014- Federal Law Law N 367-FZ A for the Russian Federation About On bail (In the wording of federal laws dated 26.07.2006 N 129-FZ; , 19.07.2007 N 197-FZ; dated 30.12.2008. N 306-FZ; of 21.11.2011 N 327-FZ; of 06.12.2011 N 405-FZ) Section I General provisions Article 1. Bail: Bail is a way of securing an obligation in which a lender-holder acquires a right in the event of default by the debtor to obtain satisfaction from the foreclosed property by other creditors for exemptions under the law. Article 2. Bail legislation of the Russian Federation This Act defines the basic provisions on bail. The bonds which are not settled by this Act are governed by other acts of the legislation of the Russian Federation. If an international treaty of the Russian Federation sets different rules on bail than those contained in the legislation of the Russian Federation, the rules of the international treaty are applied. Article 3. Bail grounds 1. The log is created by contract or law. 2. The law providing for the creation of a bond should include an indication of the obligation and the type of property to be recognized as collateral. Article 4. The scope of bail 1. A valid requirement, in particular, arising from the loan contract, including bank loans, contracts of sale, property hire, carriage of goods and other contracts, may be secured. 2. The subject of bail may be items, securities, other property and property rights. The subject of a pledge may not be personal or other requirements that are prohibited by law. 3. The bail may be set in respect of future claims, provided that the parties agree on the extent to which such claims are required. 4. The log is made from the obligation it provides. The existence of the rights of the holder is dependent on the fate of the pledge. Article 5. Bail items The act or contract may provide that the mortgagee remains at the foreclosure or is transferred to the mortgagee (warehouse). The log of goods can be delivered by handing over the holder of a document of title, which is a security document. Deposed securities may be transferred to a notary or bank. Article 6. The property is the subject of bail 1. The subject of a pledge may be any property which, under the laws of the Russian Federation, may be disordered by the applicant. 2. The collateral right to things covers their accessories and indissociable fruits unless otherwise stipulated by law or treaty. The right to property may include separable fruits only in cases, within and in the manner prescribed by law or treaty. 3. The contract or law may provide for the distribution of collateral for items that may be acquired by the solver in the future. Article 7. The property of the property in common ownership 1. Assets under shared ownership can be transferred to the bond only with the consent of all owners. 2. The owner of his share of the shared property does not require the consent of the other owners. 3. The owner of the apartment decides on surety. Article 8. Replacing a Bail item A replacement item is only allowed with the consent of the holder. The procedure for replacing the subject matter of the bond with the deposit of the goods in circulation is governed by articles 46 and 47 of this Law. Article 9. Bail and Insurance 1. The law or contract of the mortgagee may have the obligation to insure the mortgagee. (Paragraph 1 of paragraph 1 is no less than the Federal Act of 19.07.2007). N 197-FZ) 2. The law or contract for the holder may be entrusted with the obligation to insurance for acts committed by the public authorities and on the acceptance of acts which terminate it or prevent it or adversely affect it (c) The debtor (in the case of confiscation, property) or liquidation or recognition of the insolvent debtor. 3. In case of occurrence of insurance cases, the holder has the right to take precedence over his claims from the amount of the insurance compensation. Article 10. The content and form of the pledge contract 1. The bond contract must contain conditions providing the type of bail, the extent of the secured claim, its size, the duration of the obligation, the composition and the value of the mortgagee, as well as any other conditions, relative which, on the application of one of the parties, must be agreed. 2. The pledge must be made in writing. 3. The bond contract, which provides for obligations arising from the principal contract to be certified by a notary or notarized by the agreement of the parties, must also be certified by the authority which certified the underlying contract. 4. The pledge may be included in the contract for which the secured obligation arises. The contract must be in the form prescribed for the pledge. 5. The form of the pledge contract is determined by the law of the place of detention. A deposit agreement concluded outside the Russian Federation cannot be declared invalid as a consequence of non-compliance, if the requirements laid down by the legislation of the Russian Federation are complied with. Form of contract on collateral for buildings, constructions, enterprises, land plots and other objects located in the territory of the Russian Federation, as well as railway rolling stock, civil aviation, The law of the Russian Federation defines sea and river vessels and space objects registered in the Russian Federation irrespective of the place where such a treaty is concluded. (In the wording of Federal Law dated 26.07.2006 N 129-FZ 6. The rights and obligations of the parties to the bond contract are determined by the law of the country in which the party is established, has a place of residence or principal place of activity, unless otherwise stipulated by the agreement of the parties. Article 11. State registration of bail Bail of the enterprise in general or other property subject to state registration must be registered with the authority conducting such registration, unless otherwise specified by this Law. order of registration. If the property is to be registered by the State, the bond contract shall be deemed to have been concluded from the date of its registration. Article 12. The consequences of non-compliance with the form of the pledge contract Failure to comply with the established form of the bond contract shall entail the invalidity of the contract with the consequences provided for in the legislation of the Russian Federation. Article 13. An appeal against the registration of the bail The interested person has the right to appeal against the refusal of registration or the unlawful commission of the bail registration at the place where the registrant is located. Article 14. Bail Registration Information The registration authority is required to issue a certificate of registration to the holder and the holder of the certificate, as well as to extract from the registry at the request of the requesting holder, the testator and others. interested persons. Article 15. State fee for registration of bail For registration of bail, issuance of a certificate of registration, as well as provision of excerpts from the registry will be charged a state fee in the amount determined by legislative acts of the Russian Federation. THE RUSSIAN FEDERATION The claimant provides the registration authority with evidence of payment of the State fee. In the absence of such evidence, the statement shall be made without movement. Article 16. The responsibility of the body implementing the registration The authority charged with the registration of the deposit shall be liable for the damage caused by the breach by its employees of the registration rules. Article 17. Recording the performance of the obligation secured by bail 1. The holder, at the request of the holder, shall be required to issue to him documents confirming the full or partial performance of the obligation for subsequent entry into the registry. 2. Upon receipt of the documents confirming the full or partial performance of the secured obligation, the entity that has carried out the registration of the bond is obliged to make an entry in the register immediately. Article 18. Management of the Bail Record Book 1. Legal entities and individuals registered as entrepreneurs are required to: maintain a book of collateral; not later than ten days after posting bail The data on the type and subject matter of the pledge, as well as the extent of the pledge security; provide a book to any interested person. 2. The holder is responsible for the timeliness and accuracy of the posting of the pledge in the pledge book. The applicant is obliged to compensate the victims in full the amount of damage caused by the untimely writing of the book, their incompleteness or inaccuracy, as well as the evasion of the obligation to provide a book of deposits for examination. Article 19. Holder 1. The holder may be the person to whom the collateral belongs to the right of ownership or full economic management. 2. The enterprise for which the property is fixed on the right of full economic management, performs the collateral of the enterprise as a whole, its structural units and units as property complexes, as well as separate buildings and structures with the consent The owner of the property or the authority authorized by it. 3. An institution may grant a pledge of property in respect of which it has acquired the right to self-order, in accordance with the law. 4. The holder of the right may be the person to whom the posted right belongs. The lessee may transfer his or her lease rights without the consent of the lessor unless otherwise stipulated by the lease. Article 20. The right to dispose of the mortgagee's property The holder retains the right to dispose of the mortgagee unless otherwise provided by law or by the bond contract. The right to mortgagee is possible only with the transition to a new mortgagee secured by a pledge. Article 21. A subsequent pledge of the property Subsequent collateral of the property already in use is permitted, unless otherwise provided by this Law and the preceding pledge. Article 22. The right of the predecessor holder 1. If the subject of collateral becomes a collateral which is already secured by a different obligation, the security of the preceding mortgagee shall remain valid. The requirements of the subsequent lockout shall be met from the value of the post after the requirements of the previous lock-up holder are satisfied. 2. The holder is required to inform each subsequent holder of all the existing liens of the property in question, as well as the nature and extent of the secured obligations. The applicant shall be liable for damages arising from any of his or her logers as a consequence of failure to perform that duty. Article 23. Requirements of the mortgagee satisfied with the fixed-property account The mortgagee has the right to meet its requirements in full, as determined by the moment of actual satisfaction, including interest, damages caused by delay, and in cases provided for by law or contract, liquidated damages; the necessary costs for the upkeep of the mortgagee and the costs of the secured property shall also be reimbursed. as a prerequisite. Article 24. (Spconsumed out-Federal Law 30.12.2008) N 306-FZ) Article 24-1. The order in which the recovery is made to the fixed movable property 1. Recourse to foreclosable movable property shall be made in accordance with the procedure established by this Act, unless otherwise stipulated by other federal laws. 2. The requirements of the mortgagee shall be satisfied from the value of the movable property laid down by the court. 3. The parties may provide a condition for the enforcement of a court order and (or) condition in the agreement on the possibility of seeking out-of-court foreclosable property. In the event that the holder and the mortgagee are included in the bond contract, the conditions for the realization of the movable property upon the decision of the court and the mortgagee shall be brought to court with a request for the recovery of the mortgagee. movable property and its implementation in accordance with the terms of the contract, the court decides on the application of the foreclosable property and establishes the procedure for the disposal of the property in accordance with the condition the order specified by the specified contract. 4. The satisfaction of the requirements of the mortgagee from the foreclosable movable property is permitted in the event that this is stipulated in the bond contract. The condition of the possibility of seeking to recover the movable property out of court is included in the bond contract. The parties to the bond contract are entitled to include in the contract a condition for the settlement of the foreclosed movable property at any time. In the event that the bond contract contains a condition for the settlement of the foreclosed property, there are several ways in which the foreclosed movable property can be implemented, and the right to choose how to implement it provided that the contract is not otherwise specified, belongs to the holder. 5. If the bond contract containing the condition for the recovery of the foreclosable movable property is notarized, in the case of default or improper performance by the debtor of the secured obligation In the case of a notary public notice of a notary is allowed to be issued without recourse to the court in the manner prescribed by the legislation of the Russian Federation on the notaries of the notaries and the legislation of the Russian Federation on executive proceedings. 6. If a longer period is not fixed by a bond between the mortgagee and the mortgagee, the implementation of the movable movable property shall not be allowed to expire ten days from the date on which the holder is in accordance with this Law. shall be deemed to have received notice. The realization of the movable property may be realized before the expiry of this period, with substantial risk of loss of life or damage to the collateral, as well as a substantial risk of a significant reduction in the price of the bond as compared to the price (initial sales price) specified in the notification. 7. The provisions of this article shall also apply to a pledge which, in accordance with the bond contract, shall be held by the holder. If, in accordance with the bail agreement, which contains the condition of extrajudicial enforcement, the bond is held by the mortgagee, and the foreclosed property can be recovered and implemented by a logholder without a notary's executive inscription. 8. If the request for collateral is made on the basis of paragraph 7 of this article, when the grounds for the recovery are established, the holder sends the mortgage to the holder in accordance with the procedure established by article 28 to 6 of the present article. The law, the notification, which contains a proposal to fulfill this obligation. 9. This notification shall contain information: 1) on the pledge secured; 2) on the pledge contract (if the deposit originated on the basis of a pledge contract); 3) on the movable property, by which is to be met by the requirements of the mortgagee; 4) on the means of disposal of the movable property provided for by the agreement of the parties or by law; 5) on the price (initial sales price) of the mortgagee Property, excluding securities in the formal market Security. 10. The notice shall also include a requirement for the performance of the secured obligation and a warning of the obligation to recover the bond in the event of default. 11. A copy of the calculation of the arrears, signed by the holder, is attached to this notification. 12. The holder is entitled to realize the subject matter of the bond in accordance with the terms of the bond contract, if the holder is deemed to have received the documents sent to him within twenty days of the date on which the holder is deemed to have received the notification, confirming the performance of the secured obligation. 30 December 2008 N 306-FZ) (In the wording of Federal Law of 06.12.2011) N 405-FZ) Article 25. Subject matter of partial performance obligation In the case of partial performance by the debtor of the secured obligation, the bond is retained in its original volume until the secured obligation is fully fulfilled, Unless otherwise provided by law or treaty. Article 26. Satisfies the requirement of the { \cs6\f1\cf6\lang1024 } Bail { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b Satish at the expense of all of this property, or at the expense of any of the items (rights), retaining the possibility of subsequently obtaining satisfaction at the expense of other things (rights) that make up the subject matter of the pledge. Article 27. The effect of satisfying the requirement of the third person s If the third-party requirement is satisfied, the third party, along with the right of the claim, passes the collateral right in the order, under the law of the Russian Federation for the assignment of a claim. Article 28. (Spconsumed out-Federal Law 30.12.2008) N 306-FZ) Article 28-1. Implementation of the foreclosed movable property 1. The sale of movable property, which is the subject of a court decision, shall be sold in public tenders, carried out in accordance with the procedure established by the laws of the Russian Federation on the executive. production. 2. When the foreclosable movable property is referred to, and in the case provided for in article 24-1, paragraph 3, of this Act, the sale of the subject matter shall be effected by means of sale in accordance with the law of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Regulations under articles 447 and 448 of the Civil Code of the Russian Federation, this Law and the Agreement of the Parties. Unless otherwise specified by the movable property contract under the terms of paragraph 4 of this article, securities traded on an organized securities market are to be sold at auction Organizer of trading in the securities market. 3. In the agreement on a pledge of movable property, which provides for extrajudicial enforcement of the movable property and parties to which the legal entities and (or) individual entrepreneurs are parties, to secure commitments, The parties may also specify one or more ways to implement the subject matter of the bond, including the following provisions: (1) leaving the bond with the holder; 2) sale of collateral to a third party a holder or a commissioner acting on the basis of a contract between him and the holder of the commission's contract. 4. An exception to the single State register of individual entrepreneurs who has concluded a pledge treaty containing provisions of paragraph 3 (1) and (2) of this article does not terminate the treaty the bond in the appropriate part. 5. When the foreclosed movable property is recovered in accordance with the procedure set out in paragraphs 3 and 4 of this article, the mortgagee shall retain the mortgagee or sell the movable property to a third party (including by involving the commissioner) Price equal to or greater than its market value. The mortgagee reserves securities that are posted on an organized securities market, at a price that is specified or the order of which is specified in the bond contract, or if the price or order of the deposit is stated in the bond. The definition in the bond contract is not set at the price determined on the basis of the assessment report of such securities. The right to ownership of the bond, left behind by the holder of the bond, is transferred to him at the time the bond is transferred to him or, in the event of a pledge by the time-holder to the holder of the notice of circulation at the time of receipt of the bond, at the time of receipt of the notice, provided that the federal law does not establish a different time when the title of the movable property arose. In the event of a bond of property rights, they shall be transferred to the mortgagee at the time of receipt by the holder of the notice of abandonment of the mortgagee, provided that the federal law does not This is a different time for the transfer of the right to this type of property. 6. In order to implement the movable property set forth in paragraphs 2 to 4 of this article, the holder is entitled to conclude, on his own behalf, all necessary and appropriate legal capacity, including with the organizer the tender and the appraiser, as well as sign all documents necessary for the sale of the movable property, including acts of acceptance-transfer, transfer orders. The sum of the remuneration of the organizer of the tender or the commissioner not exceeding three per cent of the amount raised from the sale of the movable property is held by the mortgagee from the given amount. If the remuneration of the organizer of the tender or the commissioner exceeds three per cent of the amount raised from the sale of movable property, the difference between the remuneration provided for in the contract entered into with the organizer of the tender, or The commissioner, and three per cent of the amount claimed, shall not be refunded from the value of the movable property and shall be paid at the expense of the mortgagee. In the event that the foreclosed property has not been disposed of by sale in accordance with this Law, the payment of the services of the organizer of the tender shall be at the expense of the mortgagee or in the case of If the holder did not exercise the right to retain the subject matter of the bond, at the expense of the mortgage holder. 7. In the event that the requirement of the mortgagee is satisfied by the mortgagee, on the basis of a court decision, if there are valid reasons at the request of the holder and at its request, the court may delay the sale of the bond with a public tender for a period of time for up to one year. The postponement does not affect the rights and obligations of the parties on the obligation secured by the pledge of the property and does not relieve the debtor of the increase in the delay in the loss of the creditor and the liquidated damages. In determining the period for which the foreclosed period is to be granted, the court shall also take into account that the amount of claims of the mortgagee to be satisfied from the value of the mortgagee's movable property shall be satisfied. The time of the expiry of the period of time shall not exceed the value of the mortgable movable property specified in the pledge agreement. Deferral is not allowed if it can result in a significant increase in the risk of loss or death, the risk of a significant decrease in the price of the bond, as compared to the initial sales price of the bond or a significant deterioration The financial position of the holder. 8. If the foreclosing on the foreclosable property is done out of court, the parties may establish a time limit within which the implementation shall take place from the day specified in article 24, paragraph 6, of this Law. of the movable property. If an agreement between the holder and the holder is not established, the realization of the movable property shall be implemented within a reasonable period of time. In the event that the bond has been implemented after the expiry of the period specified in this paragraph, the holder is entitled to claim damages. 9. If, in accordance with the bond contract, which contains the condition for extrajudicial enforcement of the movable property, the bond is sold by selling it to the third person, the mortgagee sends a copy of the contract signed with that person to the holder of the contract certified by the holder of the contract of sale. 10. In the event that the foreclosed movable property is referred to the foreclosed property, which contains the condition that the foreclosed movable property be subject to extrajudicial enforcement, the object of the bond was not realized within the time limit, In accordance with article 24, paragraph 5, of this Act, the mortgagee shall be entitled to request the recovery of the movable property in the court order. 11. If the amount raised in the sale of the movable property is insufficient to cover the claim of the mortgagee, it is entitled (unless otherwise specified in the law or contract) to obtain the missing amount from the debtor's other property, taking advantage of the pledge. 12. If the amount raised in the sale of the movable property or the price on which the mortgagee has retained the mortgagee's movable property exceeds the amount of the secured claim of the mortgagee, the difference shall be returned a testator. The difference shall be returned within the period established by the agreement between the holder and the holder or, if such time is not set, within ten days from the date on which the sold movable property is to be sold is paid by the buyer, or from the date when the mortgagee acquired ownership of the movable property. When the foreclosed movable property is returned to the foreclosed property, it is the responsibility of the mortgagee to return the difference. Law of 30.12.2008 N 306-FZ) (In the wording of Federal Law of 06.12.2011) N 405-FZ) Article 28-2. The order of implementation of the movable movable property on trading 1. For the purposes of this Law, tendering is understood to be an open auction organised by the organizer of the auction in accordance with the procedure established by this Law. 2. When the foreclosed property is recovered, the organizer of the auction shall be determined by the bond contract or by the contract from which the obligation secured by the law arose. 3. The bailiff shall send a copy of the order on the transfer of the property to the organizer of the tender. The implementation of the intended movable property from the bailiff is carried out in accordance with the act of acceptance, as well as the relevant documents provided for in the legislation of the Russian Federation. a lockholder. 4. In the implementation of the foreclosable movable property in public tendering, on the basis of the decision of the court, the bailiff or in the sale from the disposal of such property in an extrajudicial manner, the mortgagee must (d) To dispatch not later than ten days prior to the closing date of the trading session to the holder and the debtor under the main obligation of the notice of tendering, indicating the date, time and place of the tender. 5. The organizer of the auction notifies about the pending trades not later than ten days, but not earlier than thirty days before it is held in a periodical, which is the official information body of the executive authorities of the Russian Federation The Federation, at the place of bidding, also sends relevant information for posting on the Internet in accordance with the procedure established by the Government of the Russian Federation. 6. The notice of solicitation shall specify: 1) the information about the organizer of the auction (the trade name (name), organizational and legal form, location, registration number (main state registration number), Contact number); 2) the basis for the sale of the foreclosed movable property in accordance with this Law (court decision or notary's executive inscription in the event of extrajudicial enforcement of such penalty) movable property); 3) (a) Assets to be sold, its composition, characteristics, description of such mortgage, the manner in which the movable property shall be made aware of the movable property; or the absence of encumbrations and other rights of third parties. (c) The requirement to apply for tender; 5) the amount of the deposit, the date and the order of the deposit to participate in the tender; (6) the start and end dates for the tender process; 7) date and time of start and end of trading; 8) initial sales price of movable property; 9) value of the increase in the initial selling price of the movable property; 10) the date, time of the action to be taken; 11) the draft sales contract Movable property and the procedure for concluding the said contract; 12) the date of payment, the details of the accounts to which payments are made. 7. Persons wishing to participate in the bidding process shall deposit a deposit in the amount, time and in order to be specified in the notice of solicitation. The deposit amount cannot exceed five per cent of the initial selling price of the movable property. Persons who have been involved in the bidding, but have not won, the deposit is returned no later than five working days at the end of the auction. The note also has to be returned if the transaction has not taken place. 8. The winning bidder is the person who offered the highest bidder's highest price for the movable property. The person and organizer sign the minutes of the results of the auction. The effect of the signing of the protocol by one of them is the consequence of article 448, paragraph 5, of the Civil Code of the Russian Federation. 9. The winning bidder must pay, within five working days of the end, the amount for which the person has purchased the fixed movable property (purchase price), less the previously submitted deposit to the account specified by the bidder. If the specified amount is not entered, no task is returned. 10. Within five working days of the introduction of the purchase price by the successful bidder, the organizer concludes with the person the contract of sale. This contract and the minutes of the results of the auction shall be the basis for the necessary entries in the relevant registry, which records the rights of the movable property. 11. The initial sale price of the movable property is determined by the decision of the court in cases of recourse to movable property in court or otherwise pursuant to a pledge. When determining the initial sale price of the movable property in the court order, the price is determined by the court decision on the basis of an agreement between the applicant and the mortgagee reached in the course of the examination of the case in the case of a dispute by the court itself. If the initial selling price of the fixed movable property is determined on the basis of the appraiser's report, the initial selling price of the foreclosed property is set at eighty eight per cent the value of such property as defined in the report of the appraiser. 12. The bond contract, which provides for the right of the mortgagee to satisfy the requirements of the movable property out of court, specifies the initial selling price of the movable property or the order in which it is defined. If, in the course of extrajudicial enforcement, federal law provides for the compulsory involvement of the assessor, the initial sale price of the movable property with which the bidding begins, is set at eighty per cent of the market value of such property, as determined in the report of the appraiser, unless otherwise stipulated in the bond contract containing the condition for the recovery of the foreclosable movable property Order. The moveable movable property is sold to the highest bidder. 13. Involves an assessor in the realization of the foreclosable movable property, which is done out of court if the holder leaves the bond or sells it to a third party number, by the involvement of the commissioner). When the mortgagee is abandoned, the valuer is not required to engage the assessor at a price that is specified or specified in the bond contract. In the event that the person concerned does not agree with an assessment of the movable property, it is entitled to claim from the mortgagee for damages caused by the sale of the bond at the price indicated in the report evaluation. 14. In the sale of the foreclosed movable property, the solicitation of the assessor is mandatory if the property is: 1) securities that do not apply to the organized securities market; (2) property rights; 3) precious metals and precious stones, as well as scrap of such products; 4) collection money in foreign currency; 5) items with significant historical, artistic or a different cultural value for society; 6) other property, The assessment of which is more than five hundred thousand roubles by the deposit agreement. 15. The valuer's involvement is not required for the implementation of the mortgaging securities that are traded in the organized securities market. (Article padded-Federal law dated 30.12.2008 N 306-FZ) (In the wording of Federal Law of 06.12.2011) N 405-FZ) Article 28-3. The bid recognition is invalid1. In the implementation of the foreclosed movable property, the organizer of the tender declares them failed if: (1) less than two participants took part; 2) no increase in the initial bids was carried out of the sale price of the movable property; (3) the successful bidder did not pay the purchase price within the prescribed time limit. 2. The trading shall be declared invalid no later than the day after the day when any of the circumstances referred to in paragraph 1 of this article have occurred. Ten days after the tender was announced, the mortgagee has the right to purchase the movable movable property and the purchase price of its secured claim. The rules on the sales contract apply to such an agreement. If an agreement on the acquisition of the mortgagee's movable property is not concluded no later than one month after the date of the first tender, rebidding shall be carried out. The initial selling price of the movable property in the rebidding will be reduced by fifteen per cent in the circumstances described in paragraphs 1 and 2 of paragraph 1 of this article. When the foreclosed movable property is implemented in an extrajudicial execution, the bond contract may provide for a reduction in the price in the event of a rebidding process Declaits not in the circumstances referred to in paragraphs 1 and 2 of paragraph 1 of this article. 3. When a failed rebidding process is declared, the holder is entitled to leave the bond with an estimate of up to 10 per cent lower than the original sales price at the rebidding, if the higher score is not established The agreement of the parties. If the mortgagee does not exercise the right to retain the movable property within a month from the date of the rebidding of the failed, the bond contract is terminated. The holder is considered to be exercising this right if, within a month from the date of the rebidding, the cancelled shall submit to the organizer of the tender and the holder or, if the reprimanded order, in writing In the case of a court order, the organizer of the auction, the mortgage holder and the bailiff's application for the subject of the bond. 4. The right to ownership of the movable property is transferred to the mortgagee at the time the bond is transferred to the holder or, in the event of a pledge by the holder to the organizer of the tenderloin of the application The retained movable property shall be retained by the mortgagee at the time of receipt of the said statement, provided that the federal law does not establish a different time when the ownership of the movable property has been established. If the subject of collateral is property rights, they shall be transferred to the lockup at the time the organizer of the tender receives an application for property rights, provided that no federal law is established the right to a given type of property. (The article is supplemented by the Federal Law of 06.12.2011). N 405-FZ) Article 28-4. { \field { \field { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } { \b } Implementing In the cases provided for in article 28-1 of this Law, the contract of commission may be concluded for the purpose of the realization of the movable property under which the requirements of the non-extracourt order are met. In this case the comitor is the holder. A missionary may be defined in a bond contract containing a condition for non-judicial settlement of the foreclosed movable property. In the absence of an indication of the commissioner's definition in the pledge agreement, the commissioner is determined by the applicant on his own. In cases where a commission's contract is concluded in order to realize the foreclosed movable property that is being recovered by the mortgagee, the things received by the commissioner from the comitent are not the property of the latter. 2. The price of the disposal of the movable property under the contract of the commission shall be set at a rate not less than the market value of the property specified in the report. The price of the sale of securities in an organized market is determined by the agreement of the commission, or if such price or the order of its definition in the bond contract is not are determined at the price determined from the report on the valuation of the security data. 3. In the event that the commissioner has implemented the subject matter of the bond, which is lower than the market value specified in the appraiser's report, the holder is entitled to claim damages from the mortgage holder. 4. In the event that the movable property has not been sold by the commissioner in accordance with the time limit set by the contract or provided for in article 28-1, paragraph 8, of this Law, the subject matter of the bond will be sold in the order, Article 28-2 of this Law. (The article is supplemented by the Federal Law of 06.12.2011). N 405-FZ) Article 28-5. The distribution of the amount raised from sales of movable property 1. In the application of foreclosable movable property, in the event of an out-of-court order or a court decision, in the event that the court determines the manner in which the movable property is to be realized in the order, In accordance with the agreement of the parties, the amount raised in the sale of the bond is distributed among the claimants, other creditors of the mortgage holder and the most borrower. The distribution is carried out by the enforcement authority, or in the event that the foreclosed movable property was extrajudiciable or the subject of the bond was enforced by a court decision in The procedure established by the agreement of the parties, the organizer of the auction, or, if the bidding is not conducted, the notary. 2. The amount raised in the sale of the foreclosed property is allocated in accordance with the rules of Article 319, paragraph 1 of Article 334, paragraphs 3 and 4 of Article 350 of the Civil Code of the Russian Federation, as well as Article 46 of this Law. The requirements of the subsequent lockout shall be met from the value of the post after the requirements of the previous lock-up holder are satisfied. After the distribution of the proceeds raised in the sale of the movable property between all of its mortgagees, who have claimed to have their claim for recovery, in the order of priority established by the bond contracts or in the case of If the federal law provides for the registration and (or) registration of a deposit agreement and the deposit by law of separate movable property objects, the amount of penalty is allocated on the basis of the relevant registry, other penalties are distributed, and The Conference of the States Members of the United Nations the secured obligation. (The article is supplemented by the Federal Law of 06.12.2011). N 405-FZ) Article 28-6. The order of notification and requirement 1. The notification and requirement (hereinafter referred to as the notice) provided for in this Law, the deposit agreement shall be sent to the address indicated by the applicant in the bond contract (at the place of the legal person or in the place of residence of the natural person, in the case of a person's place of residence). The number of individual entrepreneurs). The location of the legal person is determined on the basis of information contained in the single state register of legal persons, the place of residence of the individual entrepreneor-in the single state register of individual entrepreneurs. entrepreneurs. 2. Notice shall be sent by mail by registered letter with a notice of service or shall be delivered to the addressee under the receipt. 3. The moment of receipt of the notice by the party of the bond contract is considered to be: 1) the date specified in the notification of the notice to the address (location, place of residence) of the party to the deposit agreement specified therein; 2) the date, specified on the copy of the notice by the parties of the pledge or its representative upon delivery of the receipt of the notice; 3) the date on which the party refused to receive the notice if the refusal was fixed by the organization link; 4) the date on which the mail-directed notification by registered letter with the address (location, place of residence) of the party to the deposit agreement specified therein, is not served due to the absence of the addressee at the address (location, place of residence), as the organization of the postal service). the links inform the sender of the notification. 4. The party of the pledge contract is also deemed to have been duly notified, if: 1) the recipient refused to receive the notice and the refusal was fixed by the organization of the postal service; 2) the notice was given An authorized person of legal entity. (Article padded-Federal Law of 06.12.2011) N 405-FZ) Article 29. Satisification of the requirements of the lockout requirement by insufficiency of the amount raised from the implementation of Bail item If the amount raised from the sale of the collateral is not sufficient to satisfy the full satisfaction The requirements of the holder are entitled, unless otherwise provided by law or contract, to obtain the missing sum from other property of the debtor that may be brought under the law of the Russian Federation, taking advantage of the right of pledge. Article 30. Return to the logoer of the amount raised by Bail If the amount raised in the implementation of the bond is greater than the amount of the secured claims of the mortgagee, the difference is returned a testator. Article 31. Discontinuation of the foreclosed property of the performance of the obligation 1. The holder shall be entitled at any time until the object of the deposit is put to an end to the recovery of the foreclosic property through the performance of the secured obligation. 2. If the obligation secured by the bond provides for performance by parts, the applicant shall have the right to terminate the application for bail by the performance of the late part of the obligation. 3. The agreements limiting the rights of the testator provided for in paragraphs 1 and 2 of this article are invalid. Article 32. Bail is retained when the collateral is transferred to third person The bail retains power if the right to property or full economic maintenance of the collateral or the collateral is transferred to the third party a person. Article 33. Preserving the bond when a claim is made and transfer of debt In cases where an assignment is made in the manner prescribed by the law holder to a secured claim to a third party or a transfer of a debt holder, of a secured obligation, another person, the bond remains valid. Article 34. Grounds and consequences of the termination of the pledge The security is terminated: 1) when the secured obligation is terminated; 2) when the property is lost; 3) when the expiry date The law of bail; 4) in the transfer of collateral to the holder; 5) in other cases provided for by law. Partition II Loopback with property abandonment Chapter 1. General Issues Article 35. Subject matter for mortgagee 1. The custody of the mortgagee may be the subject of a mortgagee to enterprises, buildings, structures, apartments, vehicles, space objects and other property as defined in article 6 of this Law. 2. The benefits may be the subject of the collateral referred to in paragraph 1 of this article, provided that they do not become the object of the third person's rights. 3. The loan of property transferred by the loan holder for time to the possession or use of a third party shall be deemed to be the bond of abandonment by the holder. Article 36. The rights of the holder on bail with the retention of the property at the logoer If otherwise not provided by the contract, the holder is entitled: 1) to check the documents and, in fact, the existence, size, condition and conditions of the deposit of the bond; 2) to require the lockholder to take the measures necessary to preserve the object of the bond; 3) to require any person to stop the attack on is the subject of a pledge threatening him with loss or damage. If the bond is lost without the fault of the holder and the holder has not restored or, with the consent of the holder, has not replaced other property equal in value, the holder is entitled to demand early execution the secured obligation. Article 37. The rights of the holder on bail with the retention of the property at the logoer Unless otherwise stipulated by the contract and law, the mortgage holder on bail with the abandonment of property is entitled: 1) to own and Use of the bond in accordance with his or her appointment; 2) dispose of the bond by dispossession with transfer to the purchaser's obligation of the bond, or by way of lease. Article 38. Obligations of the holder on bail of property with leave it at the logoer Bail with a pledge of abandonment, unless otherwise provided by the pledge contract, is obliged: 1) to insure (b) To take the measures necessary to maintain the subject matter of the pledge, including capital and maintenance; 3) to notify the holder of the mortgage. Article 39. Consequences of the breach of duty by the mortgage holder with the deposit of property at the mortgage In the event of a breach by the holder of the obligations stipulated in article 38, paragraphs 1 and 2, of this Law, the holder is entitled to apply for bail prior to the performance of the secured obligation. Article 40. Form and registration of a pledge of transport means and space objects 1. (Spconsumed by Federal Law of 06.12.2011) N 405-FZ) 2. Vehicle registration is to be registered in the registers maintained by State organizations which register civil aircraft, sea, river vessels and other vehicles. 3. The log of the object intended for the study or use in civilian uses of outer space, the Moon and other celestial bodies shall be registered in a specialized public registry. The Bail of an object in outer space on the Moon or other celestial bodies shall be registered in the register maintained in accordance with the rules of international space law. Article 41. Land Bail The land plots of persons to which they belong on the right of ownership, if such a pledge is not subject to the rules of chapter 2 of this section, shall be carried out in accordance with the procedure established by the land and other authorities. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Chapter 2. Bail of the enterprise, buildings, buildings, structures and other objects directly related to the land (mortgage) Article 42. Mortgage concept Ipoteka is a pledge of the enterprise, structure, building, structure or other site directly related to the land, together with the land plot or the right of use. Article 43. Mortgage contract form. Mortgage Registration 1. The mortgage contract must be notarized. 2. Mortgage is registered in a land book at the location of the enterprise, building, building, structure or other object. The transfer of ownership or full economic responsibility for a mortgage from the mortgage on the other person is subject to registration in the same land book in which the mortgage is registered. 3. The body conducting public registration of the enterprise mortgage is obliged to provide the details of registration of the bond to the authorities conducting the land book, including the place of the location of the territorially distinct units of the enterprise. Article 44. Enterprise Mortgage 1. The company's mortgage covers all of its property, including fixed assets and working capital, as well as other values reflected in an independent balance of the enterprise, unless otherwise stipulated by law or contract. 2. The business-holder is obliged to provide the holder with an annual balance at the request of the holder. 3. In default, the mortgagee has the right to take measures to improve the financial situation of the enterprise provided for by the mortgage contract, including the appointment of representatives to the governing bodies Enterprises, limitation of the right to dispose of the produced goods and other property of the enterprise. If these measures do not result in satisfactory results, the mortgagee has the right to foreclosed the mortgage on the enterprise. 4. When seeking to recover the mortgage on the enterprise, it is sold at auction as a single complex in accordance with the procedure provided by the legislation of the Russian Federation. Article 45. Early execution of the obligation secured by mortgage The holder is entitled at any time to advance the secured mortgage in full if the mortgage contract excludes the possibility of a subsequent mortgage Mortgage of the same mortgage. Chapter 3: { \b } { \b } { \b } { \b } Bail considerations for goods in turnover and processing 1. In the case of goods in circulation and processing, the composition and the natural form of the bond (stock, raw materials, materials, semi-finished products, finished goods and so on) is allowed, provided that their total value is not made less than specified in the pledge agreement. A reduction in the value of the goods in circulation and processing is allowed to be proportional to the portion of the secured obligation, unless otherwise stipulated by the contract. 2. On deposit of goods in turnover and processing, the goods sold by the loan are ceased to be the subject of the bond from the moment of their transfer to ownership, full economic management or operational management of the purchaser, and acquired by a mortgage holder The goods stipulated in the bond contract are the subject of a pledge from the time the ownership or full economic activity of the holder has arisen. Article 47. The content of the Bail Agreement and Recycling The Bail of Goods Agreement in Goods and Reprocessing should determine the type of collateral, its descent, the total value of the bond, the place, and as well as the kinds of goods that can be replaced by a bond. Article 48. The rights of the holder on deposit of goods in turnover and recycling The holder retains the right to own, use and dispose of the bond in accordance with the rules of this chapter. Section III Bail with the transfer of foreclosed property (s) mortgagee (treasure) Article 49. The concept of a lock 1. The deposit is a deposit agreement under the terms of which the mortgagee is transferred to the mortgagee. 2. Under the agreement of the requesting holder, the item can be left at the lock and seal of the holder (s). Individually, a certain thing may be left at the logoer, bearing the signs of the treasure. The rules of this section apply to a solid bond in so far as their application does not conflict with the substance of the relationship of the mortgage holder with the mortgage. Article 50. Obligations of the logoer at the warehouse If other is not provided by the contract, it is the duty of: 1) to insure the subject of the lock on its full value at the expense and in the interests of the holder; 2) (c) To take the measures necessary to preserve the treasures of the warehouse; 3) immediately notify the testator of the risk of loss or damage to the object; 4) to send a regular report on the use to the testator in accordance with paragraph 1 of the Article 51 of this Law; 5) return the subject immediately after execution by the mortgagee or by a third party of the secured obligation. The applicant shall extract from the subject of the item the proceeds of interest to the solver in the event that this is provided for by the contract. Article 51. The rights of the lockout holder in the warehouse 1. The holder is entitled to use the object of the deposit in the cases expressly provided for in the pledge. The income and other property benefits acquired by the logholder as a result of the use of the asset are directed towards the cost of the object of the warehouse and are also credited to the interest on the debt or of the debt itself the secured obligation. 2. If there is a real risk of loss, loss or damage to the object of the warehouse, it is not the fault of the holder, he is entitled to demand replacement of the object, and if the failure of the holder to comply with this requirement-to apply for the recovery of the bundle The period of execution of the secured obligation. Article 52. Possibility of the early performance of the obligation, of the secured deposit If the mortgagee stores or uses the object improperly, the mortgagee shall have the right at any time to request the termination of the bond or The advance of the secured obligation is ahead of schedule. Article 53. Liability of the holder for loss, loss or damage to the object of lock 1. The holder shall be responsible for the loss, loss, or damage to the item, unless it is proved that the loss, loss or damage was not due to his fault. If the provision of loans for the property is the subject of the business of the holder, discharge may only take place if the applicant proves that The loss, loss or damage to the object of the warehouse was caused by force majeure or (if the object was abandoned by the object) of the intent or gross negligence of the applicant. (In the wording of the Federal Law of 19 July 2007, N 197-FZ) 2. The mortgagee at the depot is responsible for the loss and shortage of the item in the value of the lost (missing), and for damage to the object, in the amount of the value of the mortgagee. If the warehouse has been assessed in the warehouse, the liability of the holder shall not exceed the estimate. The holder is under an obligation to reimburse the loss in full by the loss, loss or damage caused by the loss, if any, provided by law or by the contract. Section IV Rights Article 54. Rights as collateral 1. The subject of a pledge may be owned and used, including the rights of the lessee, other rights (requirements) arising from obligations, and other property rights. 2. The right to a certain period of validity may be the subject of a bond only before the expiry of the period of validity. 3. In the contract of pledge of rights without monetary assessment, the value of the bond is determined by agreement of the parties. Article 55. The content of the guarantee contract of rights In a deposit agreement, the person who is the debtor in relation to the testator must be listed along with the conditions provided for in article 10 of this Law. The applicant is required to notify his debtor of the pledge. Article 56. Obligations of the holder on bail rights If not provided by a contract, the mortgagee is obliged: 1) to take the actions necessary to ensure the validity of the foreclosed law; (2) not to make assignments of the foreclosed right; 3) not to conduct actions that entend the foreclosed right or reduce its value; 4) to take the measures necessary to protect the foreclosed right of infringement third parties; 5) to notify the holder of information about the The changes that have occurred in the foreclosing law, its violations by third parties and the claim of third persons to that right. Article 57. The rights of the holder on the guarantee of rights If not provided by a contract, the mortgagee has the right: 1) regardless of the period of performance of the secured obligation to be required in court, The arbitral tribunal shall, if the mortgagee failed to perform the duties provided for in article 56 of this Law; 2), to act as a third party in a case in which the claim for the foreclosed law is being considered; 3) in case of default Article 56, paragraph 4, of this Act, independently take the necessary measures to protect the foreclosed right of violations by third parties. Article 58. Consequences of the debtor's performance before the holder 1. If the debtor of the mortgage fulfils its obligation to fulfil the obligation secured by the bond, all received holder shall be required to notify the holder immediately. 2. Upon receipt of a pledge from its debtor, the obligor is required to transfer the relevant amounts to the performance of the secured obligation, unless otherwise stipulated by the contract bail. Section V Assurances of the parties on bail Article 59. Protection of the interests of the mortgagee on termination his rights and the rights of the mortgagee on the fixed assets of the mortgagee according to the grounds provided for by Law 1. In case of the adoption by the Russian Federation or a Republic of the Russian Federation of legislative acts that terminate the lien or the right of the mortgagee to the foreclosed property, the loss suffered by the mortgagee as a result of these acts In the case of the Russian Federation, the Russian Federation or the Republic of the Russian Federation shall be compensated in full by the Russian Federation. Compensation disputes are settled by the court. 2. In cases of termination of ownership of the foreclosable property or the termination of the foreclosing rights in connection with the decision of the State authority and of the authority not directly involved in the removal of the foreclosable property or of the foreclosable rights, the decision to remove the land on which the foreclosed house is located, other buildings, structures or plantations, the damage caused to the mortgagee as a result of this decision shall be reimbursed to the mortgagee in full by this State. The Conference of the Parties, Disputes concerning damages shall be settled by a court or arbitral tribunal. Article 60. Invalidity of acts violating collateral right 1. If, as a result of the publication by a public administration body or by a local government authority, the rights of the testator are violated, such an act shall be declared null and void by a court or an arbitral tribunal upon application a lockholder. 2. Losses incurred by the testator as a result of the publication of the act referred to in paragraph 1 of this article shall be compensated in full by the appropriate public administration or by the local government. President of the Russian Federation ELTSIN Moscow, House of Russia 29 May 1992 N 2872-I