Advanced Search

About Pawn Shops

Original Language Title: О ломбардах

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On pawnshop Adopted by the State Duma on June 29, 2007 Approved by the Federation Council on 6 July 2007 class="ed">(In the version of the federal laws of 02.11.2007) N 249-FZ; of 21 December 2013 N 363-FZ; of 21.12.2013. N 375-FZ; dated 13.07.2015. N 231-FZ Chapter 1. General provisions Article 1. The subject of regulation and scope of this Federal Law 1. This Federal Law regulates relations arising from the pawnshop lending to citizens on the basis of citizens ' belongings and activities for keeping things. 2. The activities of credit organizations are not subject to this Federal Act. Article 2. The concept of pawnshop and basic requirements activity activity 1. The Lombard is a legal entity, a specialized commercial organization whose main activities are to provide short-term loans to citizens and to keep things. 1-1. The Lombards are entitled to carry out professional activities in the provision of consumer loans in accordance with the procedure established by the Federal Law "On Consumer Credit (Loan)". (Part of the addition is the Federal Law of 21 December 2013. N 363-FZ) 2. The Lombard must be fully qualified and has the right abbreviation in Russian. The Lombard also has the right to have a full trade name and (or) abbreviation in the languages of the peoples of the Russian Federation and (or) foreign languages. The name of the pawnshop must contain the word "pawnshop" and an indication of its organizational and legal form. 3. The Lombard has the right daily from 8 a.m. to 20 hours local time to accept movable items (movable property) owned by the borrower or the storeholder for personal consumption, except for [ [ movable property]] of the items seized from the turnover, as well as the items to which the legislation of the Russian Federation has been subject to appropriate restrictions. (In the wording of the Federal Law of 21 December 2013, } N 375-FZ) 4. The Lombard is prohibited from engaging in any other business, except for short-term loans to citizens, storage of things, and counselling and information services. 5. The Lombard is not entitled to use and dispose of the goods deposited and deposited. 6. In a pawn shop (in each distinct division), conditions must be created for the storage of the stored and deposited things that ensure their safety, the absence of harmful effects and the exclusion of unauthorized persons from them. The establishment of mandatory requirements for the establishment and equipment of storage facilities for the storage of goods and the monitoring of their execution shall be carried out in accordance with the legislation of the Russian Federation. 7. Storage of stored and stored clothes is not allowed for storage of non-storage items. 8. The Lombard is obliged to comply with the requirements and requests of the Central Bank of the Russian Federation (hereinafter referred to as the Bank of Russia) and submit to the Bank of Russia documents containing an account of its activity and the management of the pawnshop in the order established by the Bank. The Bank of Russia will also be able to receive electronic documents from the Bank of Russia in accordance with the procedure established by the Bank of Russia. (Part of the addition is the Federal Law of 21 December 2013. No. 375-FZ) (In the wording of Federal Law No. N 231-FZ) Article 2-1. Requirements for pawnshop controls 1. Members of the board of directors (supervisory board), members of the collegiate executive body, the sole executive organ of the pawnshop cannot be: 1) persons who have exercised the functions of a single executive body Non-credit financial organizations at the time the organizations committed the violations for which they were revoked (revoked) of the licence to carry out the relevant activities or for which violations were suspended specified licenses and the specified licenses were revoked (revoked) as a consequence of the failure to rectify these violations, if less than three years have elapsed since the date of such revocation (revocation); 2) persons for whom they are deemed to have been subjected to an administrative penalty in the form of an administrative penalty Disqualification; 3) persons who have an unfixed or uncleared criminal record for crimes in the sphere of economic activity or offences against State authority. 2. The current member of the board of directors (supervisory board) shall be deemed to have discharged from the date of entry into force of the decision of the competent authority or the court when the circumstances referred to in paragraph 1 of this article are coming into force. (The article is supplemented by the Federal Law of 21 December 2013). N 375-FZ) Article 2-2. Requirements for founders (parties) of pawnshop 1. A natural person who has an unfixed or unexpuned criminal record for an offence in the sphere of economic activity or a crime against State authority is not entitled, directly or indirectly (through persons under his or her control), independently or jointly with other persons, related fiducials, and (or) a simple partnership, and (or) an assignment, and (or) a joint stock agreement and (or) other agreement subject to the exercise of the rights certified by shares (shares) of pawnshop, to receive instruction 10 per cent or more Votes in the voting shares (shares) constituting the authorized capital of the pawnshop. 2. Person who, directly or indirectly (through persons under his or her control), independently or jointly with other persons, related contracts of trust management of property, and (or) simple partnership, and (or) instructions, and (or) joint-stock The agreement, and/or other agreement, the subject of which is the exercise of the rights certified by the shares (shares) of the pawn shop, has the right to dispose of 10 per cent and more of the voting shares (shares) that make up the charter The capital of the pawn shop is obliged to send a notification to the pawnard and the Bank of Russia in order and The period stipulated by the Bank of Russia regulations. 3. The notification set out in part 2 of this article, sent to the pawn shop and to the Bank of Russia, shall contain information on the existence of a person's criminal record, who has obtained the right to dispose of 10 per cent or more of the shares (shares) constituting the authorized capital of the pawn shop. 4. The Bank of Russia, in the exercise of its supervisory functions, has the right to seek and receive free of charge from the federal bodies of the executive power, their territorial bodies and legal entities information about persons, which are directly or indirectly (through individuals under their control), individually or in association with others, related contracts of trust management of the property, and (or) a simple partnership, and (or) an assignment, and (or) a joint stock agreement, and (or) other agreement subject to the exercise of rights, The certified shares (shares) of the pawn shop have the right to dispose of 10 per cent and more of the voting shares (shares) constituting the authorized capital of the pawn shop. 5. If the notification referred to in part 2 of this article is not received by the pawn or from the said notification, it follows that a person who, directly or indirectly (through persons under his or her control), alone or in association with other persons associated with it Contracts of trustful administration of property, and (or) a simple partnership, and (or) an assignment, and (or) an equity agreement, and (or) other agreement, the subject of which is the exercise of the rights certified by shares (shares) of the pawn shop, has The right to dispose of 10 per cent and more of the votes attributable to the voting The shares (shares) constituting the authorized capital of the pawn shop are not in conformity with the requirements set out in Part 1 of this Article. (shares) constituting the charter capital of the pawn shop. However, the remaining shares (shares) belonging to that person are not taken into account in determining the quorum for the general meeting of the pawnshop shareholders (participants). class="doclink "href=" ?docbody= &prevDoc= 102115923&backlink=1 & &nd=102170307" target="contents "title=" "> dated 21.12.2013. N 375-FZ) Article 2-3. Performance management and oversight pawnshop activity 1. The State authorities, the Bank of Russia and the local authorities are not entitled to interfere in the activities of pawnshops, except in cases provided for by federal laws. 2. The regulation of the operation of pawnshops in the provision of short-term loans is carried out by the Bank of Russia. 3. The Bank of Russia performs the following functions: 1) takes in its competence the regulations governing the operations of pawnshops; 2) maintains a registry of pawnshops on the basis of information obtained from The Commissioner of the Federal Executive Office for the State Registration of Legal Persons; 3) receives the necessary information from pawnshops on their activities and supervises the implementation of the Lombards requirements established by this Federal Law, with the exception of Chapter 3 of this Federal Act, other federal laws and regulations of the Bank of Russia; 4) addresses the court with a statement on the liquidation of pawnshops in the cases provided for by this Federal Law; 5) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. In relation to the pawn shop, the Bank of Russia: 1) requests and receives information on financial and economic activities of the pawnshop in the state statistics bodies, the federal executive branch of the State, and the federal executive branch Registration of legal persons, other state control and supervision authorities; 2) requests and receives information about the pawnshop from the single State Register of Legal Persons; 3) ensures that the information is consistent with pawnshop in the state register of pawnshops a single State register of legal persons, including information on the liquidation of the organization; 4) performs a check of the compatibility of pawn activities with the requirements of this Federal Law, other federal laws and other federal laws regulatory legal acts, Bank of Russia regulations in the order approved by the Bank of Russia; 5) directs the pawnshop requirements for enforcement, and requests documents necessary for the resolution of questions in the Bank of Russia. The competence of the Bank of Russia. Bank of Russia regulations and requests shall be sent by mail, facsimile or delivery to the addressee or in the form of electronic documents signed by an enhanced qualified electronic signature in accordance with the procedure established by the Bank. Russia. In the direction of the Bank of Russia's requirements and requests in the form of electronic documents, these requirements and requests are deemed to have been received after one working day from the day of their transmission to the addressee in the procedure established by the Bank of Russia, provided that the Bank of Russia has issued the requests. The Bank of Russia has received confirmation of receipt of these orders and requests in accordance with the procedure prescribed by them. 13.07.2015. N 231-FZ) 6) appeals to the court for the removal of the pawnshop in cases of: (a) failure to comply with the pawnshop order to eliminate the detected violations by the Bank Russia's term; b) repeated violations of the locus of this Federal Law, other federal laws, Bank of Russia regulations; in the breach of the pawnshop of the requirements of article 6 and article 7 (for paragraph 3) of the Federal Act of 7 August 2001 against the legalization (laundering) of criminally obtained incomes and the financing of terrorism "; ) the failure of the pawnshop authorities to comply with the requirements of this Federal Law; 7) exercises other rights in in accordance with this Federal Act. 5. Lombard has the right to appeal against actions (inaction) of the Bank of Russia to the court. 21 December 2013 N 375-FZ) Article 2-4. The accounts of the pawnshop Lombardi are required to submit to the Bank of Russia documents containing an account of their activities and the personal composition of their governing bodies. The Bank of Russia defines the forms and deadlines for the submission of these documents. The Article is supplemented by Federal Law of 21 December 2013. N 375-FZ Article 3. Information that is a professional secret in implementation of the pawnshop 1. The information that constitutes professional secrecy in the performance of the pawn shop includes information obtained by the pawn shop from the borrower or the holder in connection with the conclusion of the loan or storage contract, except for The description of the technical, technological and qualitative characteristics of the unclaimed item, which is punished in accordance with the procedure established by Article 12 of this Federal Law. 2. The Lombard and his employees are obliged to keep the confidentiality of information constituting a professional secret in accordance with part 1 of this article, and in the case of its disclosure, is liable in accordance with the law of the Russian Federation. THE RUSSIAN FEDERATION Article 4. Consequences of seizure, forced removal, or seizure of property 1. In the case of forced removal of the stipulated item under article 354 of the Civil Code of the Russian Federation, The effects of this article. 2. In the event of seizure of a property planted or deposited in accordance with the criminal procedure law of the Russian Federation or seizure under the laws of the Russian Federation on administrative offences, the loan contract or the storage contract is terminated. 3. In the event of the occurrence of the circumstances provided for in part 2 of this article, the pawn shall be obliged to notify the borrower or the holder in writing within three working days of the seizure or seizure. The notification shall be sent by mail by registered mail with an attachment, notification of delivery, and contains the following information: 1) the date of removal or seizure; 2) an indication of the exemption or (c) The name of the public authority (with an indication of the official) who has carried out the seizure or seizure of the item; 4) the amount of the borrower's obligations or the storedholder in front of the pawnshop as defined in accordance with Part 4 of this article. 4. Since the borrower has received the notification referred to in part 3 of this article, the borrower shall have an obligation to the pawn. the amount of which shall be determined in accordance with the terms of the loan contract on the day of the seizure or seizure of the foreclosor The day of expiry of the grace period established by article 10 of this Federal Law, depending on what has happened before. In the event of a seizure of a stored item, the holder does not have an obligation to the pawn shop, unless otherwise provided by the storage contract. 5. In the event of failure or improper performance of the pawnshop in accordance with Part 3 of this article, the pawnshop is deprived of the right to satisfy his or her claim against the borrower or the holder. 6. If, in accordance with the law of the Russian Federation, the seized item is to be returned, the return of such property shall be made to the owner, except if the seized item is seized on the day of its seizure or the seizure was not in accordance with article 12 of this Federal Act. The return of the unclaimed property should be made to the pawn shop. Article 5. An assessment of the effects of a deposit or a deposit The assessment of a deposit or deposit is made by agreement of the parties in accordance with the prices of such things and the quality, usually at the time and place of the deposit or deposit. Article 6. Insurance of the thing taken by pawnshop or on storage 1. The Lombard is under an obligation to insure against the borrower or the holder, at his own expense, the risk of loss and damage to a deposit or deposit in an amount equal to the amount of its estimate made in accordance with article 5 of this Federal Law. Stated or deposited a thing shall be insured for the duration of its stay at the pawn shop. 2. It is not permitted to place the borrower or the holder in the insurance of his or her deposit or deposit at his or her expense. 3. A Lombard has the right to insure other risks related to a thing or deposit. Chapter 2. Credit rules for pawnshops Article 7. The loan contract 1. Under the terms of the loan, a pawn loan (loan) shall be transferred on a recoverable and repayable basis for a period of not more than one year, to the borrower, and the borrower, who is a borrower at the same time, transfers the property to the pawnshop, is the subject of bail. 2. The loan contract shall be in writing and shall be deemed to be concluded from the moment of transfer to the borrower of the amount of the loan and transfer to the pawn shop. 3. The essential terms of the loan contract are the name of the mortgager, the amount of its estimate made in accordance with article 5 of this Federal Law, the amount of the loan granted, the interest rate on the loan and the duration of the loan. 4. The loan contract is issued by a pawn ticket to the borrower. Another instance of the lair ticket remains in the pawn shop. The collateral ticket is a form of strict accountability, the form of which is approved in accordance with the procedure established by the Government of the Russian Federation. 5. The collateral ticket should contain the following provisions and information: 1) the name, address (location) of the pawn shop, and the address (location) of the territorially distinct unit (if it does not match the address (location); (2) surname, first name and patronymic of the borrower, if not otherwise derived from the federal law or national custom, date of birth, nationality (for a non-citizen of the Russian Federation), of the passport or other identification of the Russian Federation; (3) the name and description of the foreclosed thing to be identified, in accordance with the requirements of Russian legislation; 4) the amount of the assessment the sum of the loan; 5) the amount of the loan provided; 6) the date and duration of the loan with the date of return; 7) the interest rate on the loan (with the mandatory interest rate on the loan calculated on the basis of (one calendar year); 8) the possibility and order of the early (including by part of) repayment of the loan or lack of such possibility; 9) consent or disagreement of the borrower that, in the event of failure to comply with the obligation stipulated in the contract of the loan, the recovery of the foreclosed property is carried out without the executive sign of the notary. 6. The collateral ticket should contain information that the borrower, in the event of a non-return of the amount of the loan granted at any time prior to the sale of the mortgaged property, has the right to stop the application and to implement it by fulfilling it The loan provided by the loan and the secured obligation. 7. The collateral ticket should contain information that the borrower has the right to obtain from the pawn shop the difference resulting from the sale of the foreclosed amount, or the amount of its estimate above the sum of the borrower's liabilities to the pawnshop, defined on the day of sale, in the event of such excess. 8. A loan contract concluded with a breach of its form set out in parts 4 to 7 of this article may be declared null and void on the claim of one of the parties. 9. The collateral may also contain other relevant provisions of this Federal Act and civil law. Article 8. The amount of the borrower's liabilities to the pawn shop 1. The amount of the borrower's obligations to the pawnshop includes: 1) the amount of the loan provided; 2) interest for the use of the loan for the period of actual use, in accordance with the interest rate. The loan specified by the loan agreement, the period of actual use of the loan is the period from the date of the loan, until the date of return and interest for the loan or sale of the mortgaged property, except A case referred to in article 4, paragraph 4, of this Federal Act. 2. The Lombard is not entitled to include in the amount of its claims to the borrower other requirements not arising out of the obligations set out in Part 1 of this Article. Chapter 3: Rules for keeping things in a pawn shop Article 9. The storage contract 1. Under the terms of the contract of storage, a citizen (physical person)-the baggage-holder shall deliver the pawn to the storage of the property belonging to him, and the pawnshop undertakes to carry out the storage of the adopted thing on a reimbursable basis. 2. The storage contract is a public contract. The essential terms of the storage contract are the name of the stored item, the amount of its estimate made in accordance with article 5 of this Federal Law, the period of its storage, the amount of the remuneration for storage and the procedure for its payment. 3. The conclusion of the storage contract shall be certified by the issuance of a pawn shop for the holder of the name of the save receipt (hereinafter-the save receipt). Another copy of the saved receipt remains in the pawn shop. The remaining receipt is a strict reporting form, the form of which is approved in accordance with the procedure established by the Government of the Russian Federation. 4. The stored receipt shall contain the following provisions and information: 1) the name, address (location) of the pawn shop, and the address (location) of the territorially distinct unit (if it does not match the address (location); (2) surname, first name and patronymic of the holder, unless otherwise implied by a federal law or national custom, date of birth, nationality (for a person who is not a citizen of the Russian Federation) of the Russian Federation), passport or other identification OF THE PRESIDENT OF THE RUSSIAN FEDERATION Deposited with possessions; (5) date of deposit and retention period; 6) technological storage conditions; 7) retention and order of payment. 5. The remaining receipt should contain information that the holder is entitled to receive from the pawn shop the amount of the unclaimed item sold, or the amount of its estimate (the largest of these amounts) after deduction of the cost of storage. 6. The remaining receipt may also contain other relevant provisions of this Federal Act and civil law. Chapter 4: The order of implementation of unclaimed items Article 10. A loan grace period 1. If the loan was not repaid by the borrower within the period specified by the loan agreement, the pawn shop cannot claim the foreclosed property for a grace period of one month. 2. The start of the grace period is the day following the day of return of the loan specified in the ticket. 3. Within a grace period of one month and further up to the day of the realization of the planted thing, the pawn shop cannot increase the interest rate on the loan stipulated by the loan agreement, worsen the conditions of storage of the foreclosable thing, and also charge a fee for it Storage. Article 11. A retention grace period 1. If the deposited item is not in demand by the holder within the period established by the storage contract, the pawn shop is obliged to keep it within a grace period of two months. 2. The day after the expiry of the grace period shall be the day after the expiry of the retention period specified in the stored receipt. 3. During a grace period of two months, as well as the period of further storage, up to the realization of the deposited storage, it is not possible to worsen the conditions of storage of such a thing. A proportional remuneration is charged for possession during the period. Article 12. { \b How to { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { \field } At the end of the grace period established by Articles 10 and 11 of this Federal Law, in the event that the borrower has not fulfilled the obligation stipulated in the contract of the loan or the holder has not claimed the goods deposited, such a thing is considered unclaimed. 2. The Lombard has the right to apply for unclaimed items. 3. The appeal of the recovery on the unclaimed property is carried out in an indisputable manner on the basis of the notary's executive sign. The contract of the loan may provide for the possibility of requesting recovery on unclaimed items without committing an executive sign of a notary. 4. An obligor or obligor at any time before the sale of the unclaimed item has the right to terminate the application to the penalty, fulfilling its obligations to the pawnshop determined in accordance with this Federal Law. Article 13. The order of the implementation of the unclaimed item 1. The purpose of the sale is to satisfy the requirements of the pawn to the borrower or to the baggage-holder in the amount determined according to the terms of the loan agreement or the contract of storage on the day of the sale of the unclaimed item. 2. The sale of the unclaimed property is carried out by selling it, including from public tenders. In case the amount of the unclaimed item exceeds 30 thousand rubles, it is implemented only through sale from public tenders. Otherwise, the form and order of the unclaimed item are determined by a pawnshop solution unless otherwise specified by a loan or a storage contract. Public tenders for the sale of unclaimed items are held in the form of an open auction in the manner prescribed by articles 447 to 449 of the Civil Code of the Russian Federation, and the initial price of the unclaimed item is the amount of its assessment, specified in the ticket or stored ticket. In the case of a bid announcement, the pawn pawnshop is entitled to lower the initial price, but not more than 10 per cent below the starting price at previous trading. The rebidding may be conducted by means of a public offering. (In the wording of the Federal Law No. N249-FZ) 3. After the sale of the unclaimed item, the requirements of the pawnshop to the borrower or the holder are repaid, even if the amount raised in the sale of the unclaimed item is insufficient to fully satisfy them. 4. If, after the sale of the unclaimed item, the amount of the borrower's obligations or the pawnshop before the pawnshop is lower than the amount of the unclaimed item, or the amount of its assessment, the pawn shop is obliged to return to the borrower or the holder: 1) the difference between the amount of an estimate of the unclaimed item and the amount of the borrower's or the cloneer's obligations in the event that the amount raised when the unclaimed item is sold does not exceed the amount of its estimate; 2) the difference between the amount, the proceeds of the sale of unclaimed items and the amount of the obligation The borrower or the holder, if the amount raised in the sale of the unclaimed property exceeds the amount of its estimate. 5. The Lombard, upon the request of the borrower or the holder, in the event that such treatment has been received within three years from the day of the sale of the unclaimed item, shall be obliged to give him the funds in the amount determined in accordance with Part 4 of this Article, and Provide an appropriate calculation of the size of these funds. In the event that, within a specified period of time, the borrower or the holder did not apply for the receipt of the money owed to him, such funds shall be referred to the pawnshop. Chapter 5: Final provisions Article 14. The entry into force of this Federal Law This Federal Law shall enter into force on 1 January 2008. Article 15. Final provisions The provisions of this Federal Act apply to relations that have arisen after the day of its entry into force. President of the Russian Federation Vladimir Putin Moscow, Kremlin 19 July 2007 N 196-FZ