About Pawn Shops

Original Language Title: О ломбардах

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RUSSIAN FEDERATION federal law on Pawnshops passed by the State Duma June 29, 2007 year approved by the Federation Council July 6, 2007 year (as amended by the federal laws from 02.11.2007 N 249-FZ;
from 21.12.2013 N 363-FZ; from 21.12.2013 N 375-FZ;
from 13.07.2015 N 231-FZ), Chapter 1. General provisions Article 1. Subject and scope of this federal law 1. This federal law regulates relations arising in the implementation of the lending by pawnshops under pledge of citizens belonging to the citizens of things and activities for storing things.
2. The effect of this federal law shall not apply to the activities of credit institutions.
Article 2. The concept of the pawnshop and the basic requirements for the activities undertaken by the pawnshop activity 1. By the pawnshop is a legal person is a specialized commercial organization, whose main activities are to provide short-term loans to citizens and keeping things.
1-1. Pawn shops have the right to carry out professional activity in the provision of consumer loans in the manner prescribed by the Federal law "on consumer credit (loan). (Part is supplemented by federal law from 21.12.2013 N 363-FZ)
2. The pawnshop should have complete and may be abbreviated name in the Russian language. Lombard also has the right to have a full and/or abbreviated name in the languages of the peoples of the Russian Federation and (or) foreign languages. Pawn shop brand name must contain the word "pawnshop" and an indication of its organizational-legal form.
3. The pawnshop shall have the right to daily from 8 till 8:00 pm local time to take in pledge and storage movable things (movable property) owned by the borrower or poklazhedatelju and intended for personal consumption, with the exception of things seized from traffic, as well as things, on turnover of which the legislation of the Russian Federation set limits. (As amended by the Federal law of 21.12.2013 N 375-FZ)
4. The pawnshop are prohibited from engaging in any other business, in addition to providing short-term loans to citizens, storage compartment, as well as the provision of advisory and information services.
5. Lombard does not have the right to use and dispose of the pledged and deposited storing things.
6. In a pawnshop (each geographically separate unit) conditions should be created for the storage of pledged and deposited with the things to ensure their safety, the lack of harmful effects and precluding access by unauthorized persons. The establishment of mandatory requirements to the arrangement and equipment storage facilities laid down and deposited with things, monitoring is carried out in accordance with the legislation of the Russian Federation.
7. Storage sites laid down and deposited with things not allowed storage of things that are not so.
8. The pawnshop is obliged to fulfill the requirements and requests of the Central Bank of the Russian Federation (hereinafter-the Bank of Russia) and submit to the Bank of Russia documents, containing an account of its activities and on the administration of the pawnshop in the manner prescribed by the Bank of Russia, as well as to ensure the possibility of providing in the Bank of Russia of electronic documents and the possibility of obtaining from the Bank of Russia of electronic documents in the manner prescribed by the Bank of Russia. (Part is supplemented by federal law from 21.12.2013 N 375-FZ) (As amended by the Federal law of 13.07.2015 N 231-FZ), Article 2-1. Requirements for the administration of the pawnshop 1. Members of the Board of Directors (Supervisory Board), members of the collegial executive body, sole executive body may not be a pawn: 1) persons who acted as the sole executive body of non-banking financial organizations at the moment when these organizations violations, which have been cancelled (withdrawn) licenses for carrying out relevant activities or violations for which these licenses have been suspended, and these licenses have been revoked (withdrawn) due to these violations during If after the date of such cancellation (withdrawal) has been in place for less than three years;
2) persons in respect of whom not expired, during which they considered to be subjected to an administrative sanction in the form of disqualification;
3) persons having removed from or outstanding convictions for offences in the sphere of economic activities or offences against State power.
2. the Member of the Board of Directors (Supervisory Board), upon the occurrence of the circumstances referred to in paragraph 1 of this article shall be deemed to have resigned from the date of entry into force of the relevant decision of the authorized body or the Court.
(Article supplemented by federal law from 21.12.2013 N 375-FZ) Article 2-2. Requirements to the founders (participants) of the pawnshop

1. physical person having removed from or outstanding convictions for crime in the sphere of economic activity or offense against State authority, may not directly or indirectly (through the controlled persons) alone or together with other persons, related treaties, fiduciary asset management, and (or) simple camaraderie and (or) orders, and (or) shareholders agreement, and (or) other agreement, the subject of which is the realization of the rights of certified shares pawnshop, receive the right to dispose of 10 percent or more of votes per voting shares (share) authorized capital of the pawnshop.
2. a person who directly or indirectly (through the controlled persons) alone or together with other persons, related treaties, fiduciary asset management, and (or) simple camaraderie and (or) orders, and (or) shareholders agreement, and (or) other agreement, the subject of which is the realization of the rights certified by shares of the pawnshop, received the right to dispose of 10 percent or more of votes per voting shares (share) authorized capital of the pawnshop , is obliged to send a notification to the Bank of Russia Lombard and in the manner and within the time limits established by the normative acts of the Bank of Russia.
3. notification, set part of 2 this article sent to the Bank of Russia Lombard and must contain information on the availability of (lack of) criminal record of the person who received the right to order 10 or more percent of shares (shares) constituting the statutory capital of the pawnshop.
4. the Bank of Russia in the exercise of its supervisory functions in accordance with the established procedure has the right to request and receive on a non-reimbursable basis from federal bodies of executive power, territorial bodies, legal persons, information about the persons who directly or indirectly (through controlled entities) alone or together with other persons, related treaties fiduciary asset management, and (or) simple camaraderie and (or) orders and (or) shareholders agreement, and (or) other agreement, the subject of which is the realization of the rights certified by shares of the pawnshop, have the right to order 10 or more percent of votes, the voting shares (share) authorized capital of the pawnshop.
5. If the notification referred to in paragraph 2 of this article, is not received by the pawnshop or from a specified notice should that person who directly or indirectly (through the controlled persons) alone or together with other persons, related treaties, fiduciary asset management, and (or) simple camaraderie and (or) orders, and (or) shareholders agreement, and (or) other agreement, the subject of which is the realization of the rights certified by shares pawnshop has the right to dispose of 10 percent or more of votes per voting shares (share) authorized capital of the pawnshop, does not meet the requirements established by part 1 of this article, the person entitled to dispose of the number of votes not exceeding 10 per cent of votes per voting shares (share) authorized capital of the pawnshop. With the remaining shares owned by that person in determining the quorum for holding the general meeting of shareholders (participants) of the pawnshop shall not be taken into account.
(Article supplemented by federal law from 21.12.2013 N 375-FZ) Article 2-3. Regulation and supervision of the Lombards 1. Public authorities, the Bank of Russia and bodies of local self-government shall not interfere with the activities of pawnshops, except in cases provided for by federal laws.
2. Regulation of pawnshops in providing short-term loans shall be made by the Bank of Russia.
3. the Bank of Russia carries out the following functions: 1) within the limits of its competence, normative acts regulating the activities of pawnshops;
2) maintains a public register of the Lombards on the basis of information received from authorized federal body of executive power responsible for the State registration of legal persons;
3) receives from pawnshops necessary information about their activities, as well as oversees the Lombards requirements established by this federal law, with the exception of Chapter 3 of this federal law, other federal laws and normative acts of the Bank of Russia;
4) goes to court for a Declaration on the Elimination of the pawnshop in cases stipulated by this federal law;
5) perform other functions stipulated by the legislation of the Russian Federation.
4. with regard to the Bank of Russia Lombard: 1) requests and receives information about financial and economic activity of State statistics bodies have a pawn, a federal body of executive power responsible for the State registration of legal persons, other organs of the State control and supervision;
2) requests and receives information about the pawn shop from the unified State Register of legal persons;

3) ensures that information about a pawnshop in the public registry of information about the Organization of pawnshops in the unified State Register of legal persons, including information on the liquidation of the Organization;
4) conducts compliance activities pawnshop requirements of this federal law and other federal laws and other regulatory legal acts, normative acts of the Bank of Russia in the manner approved by the Bank of Russia;
5) directs the pawnshop provisions mandatory and requests the documents necessary to address issues within the competence of the Bank of Russia. The requirements and requests of the Bank of Russia are sent by mail, facsimile or by delivery to the addressee or in the form of electronic documents signed with a reinforced qualified electronic signature in the manner prescribed by the Bank of Russia. When making regulations and requests of the Bank of Russia in the form of electronic documents, data requirements and requests shall be deemed received within one working day from the day they are sent to the addressee in the manner prescribed by the Bank of Russia, on the assumption that the Bank of Russia received an acknowledgement of receipt of the said regulations and requests in accordance with established procedure; (As amended by the Federal law of 13.07.2015 N 231-FZ) 6) goes to court for a Declaration on the Elimination of the pawnshop in the following cases: a) failure by the pawnshop instruction on Elimination of revealed violations in the Bank of Russia;
b) repeated violations by the pawnshop of this federal law, other federal laws, normative acts of the Bank of Russia;
in by the pawnshop) violations of the requirements of article 6 and article 7 (except paragraph 3) of the Federal Act of August 7, 2001 N 115-FZ "on counteracting the legalization (laundering) of proceeds received by criminal way and terrorism financing";
g) inconsistencies of the management bodies of the pawnshop to the requirements of this federal law;
7) exercise other rights in accordance with this federal law.
5. Lombard has the right to appeal against the actions (inaction) of the Bank of Russia to court.
(Article supplemented by federal law from 21.12.2013 N 375-FZ) Article 2-4. Reporting the pawnshop pawn shops are required to submit to the Bank of Russia documents, containing an account of its activities and identities of their governing bodies. Forms and deadlines for the submission of these documents shall be determined by the Bank of Russia. (Article supplemented by federal law from 21.12.2013 N 375-FZ), Article 3. The information component of professional secrecy when carrying out its activities by the pawnshop 1. The information component of professional secrecy when carrying out its activities by the pawnshop refers information obtained by the pawnshop of the borrower or poklazhodavtsya in connection with the conclusion of the loan agreement or contract, except for the names, descriptions, technical, technological and qualitative characteristics of the unused stuff, which in accordance with article 12 hereof, levied.
2. The pawnshop and its employees are obliged to respect the confidentiality of the information component in accordance with part 1 of this article, professional secrecy, and in case of its disclosure shall bear responsibility in the manner prescribed by the legislation of the Russian Federation.
Article 4. Effects of seizures, forced seizure or seizure mortgaged or deposited things 1. In the case of a forced withdrawal laid things on the grounds stipulated in article 354 of the Civil Code of the Russian Federation, the consequences provided for in the said article.
2. In the case of seizure of mortgaged or deposited things in accordance with the criminal procedure legislation of the Russian Federation or exemptions in accordance with the legislation of the Russian Federation on administrative offences, the loan contract or storage agreement is terminated.
3. Upon the occurrence of the circumstances provided for in part 2 of this article, the Lombard within three working days from the seizure or seizure mortgaged or deposited things shall notify, in writing, of the borrower or poklazhodavtsya. The notification shall be sent by registered mail with an attachment thereto, return receipt requested, and shall contain the following information: 1) remove either the seizure date things;
2) on the basis of produced seizures or seizure of things;
3) the name of the public body (with officials) who ordered the confiscation or seizure of things;
4) the amount of the borrower's liabilities or poklazhodavtsya before by the pawnshop, determined in accordance with part 4 of this article.
4. From the date of receipt by the borrower the notice specified in subsection 3 of the present article, it occurs before the obligation by the pawnshop, the amount of which shall be determined in accordance with the terms of the loan agreement on the day of the seizure or seizure of mortgaged thing or on the expiry of the grace period stipulated in article 10 hereof, whichever is the earlier. In case of withdrawal of deposited stuff at poklazhodavtsya does not occur before the obligation by the pawnshop, unless otherwise stipulated in the contract of storage.

5. In case of nonperformance or improper performance by the pawnshop of the responsibilities entrusted to him in accordance with paragraph 3 of this article, the pawnshop is deprived of the right to the satisfaction of its claim to the borrower or poklazhedatelju.
6. If, in accordance with the legislation of the Russian Federation seized thing refundable, return such things must be made its owner, except if the seized thing on the day of its seizure or seizure was not demanded in accordance with article 12 hereof. Return of things, which is unclaimed, the pawnshop is to be made.
Article 5. Score stuff, pledged or donated deposited Score stuff, pledged or donated for storage shall be made by agreement of the parties, in accordance with the prices for things of that nature and quality, usually established by trade at the time and place of its adoption in bail or for storage.
Article 6. Insurance stuff, adopted by the pawnshop to pawn or deposited 1. Lombard is obliged to insure in favor of the borrower or poklazhodavtsya at their own expense, risk of loss and damage to things, adopted in bail or deposit, up to an amount equal to the amount of the assessment made in accordance with article 5 of the present Federal law. Planted or donated deposited thing should be insured throughout the duration of the finding at a pawn shop.
2. There shall be no coercion of the borrower or poklazhodavtsya to the insurance stuff, adopted from him a pledge or deposited at its expense.
3. The pawnshop shall have the right, at its own expense, to insure certain risks associated with the thing adopted in bail or for storage.
Chapter 2. Rules of lending by pawnshops Article 7. Loan agreement 1. Under the terms of the loan agreement Lombard (lender) passes on the return and reimbursable basis, for a period not exceeding one year loan citizen (physical person)-the borrower, and the borrower, who is also the pledgor, passes the pawnshop property that is the subject of mortgage.
2. Loan Agreement is made in writing and shall be considered concluded from the moment of transfer of the borrower the loan amount and transfer the pawnshop for multiple things.
3. Essential conditions of the loan agreement are name embodied things, the amount of its assessment carried out in accordance with article 5 of this federal law, the amount of the loan, the interest rate on the loan and term of the loan.
4. Loan contract shall be executed by the pawnshop mortgage borrower issuance of the ticket. Another instance of the collateral remains at a pawn shop ticket. Pledge card is strict reporting form, a form which stated in the order, established by the Government of the Russian Federation.
5. Mortgage ticket must contain the following provisions and information: 1) the name, address (location) of the pawnshop, as well as the address (location) geographically separate unit (if it does not match the address (location) of the pawnshop);
2) surname, name, patronymic of the borrower, unless the Federal law or national custom, date of birth, nationality (for a person who is not a citizen of the Russian Federation), passport or any other identity in accordance with the legislation of the Russian Federation document;
3) the name and description of the pledged things, allowing it to identify, in accordance with the legislation of the Russian Federation;
4) valuation of the mortgaged thing;
5) the amount of the loan;
6) date and term of the loan, indicating the date of his return;
7) the interest rate on the loan (with the obligatory indication of the interest rate on the loan, calculated per calendar year);
8) possibility and order early (including parts) repayment of a loan or the lack of such opportunities;
9) borrower's agreement or disagreement that in case of non-observance of the obligations provided by the contract of loan, foreclosure on the mortgaged thing done without committing the dishonor of a notary public.
6. Mortgage ticket must contain information that the borrower in case of failure to return within the prescribed time-limit the amount of loan at any time prior to the sale of the pledged thing has the right to discontinue treatment at her foreclosure and its implementation, envisaged by the Treaty and secured by the pledge.
7. Mortgage ticket must contain information that the borrower has the right in case of realization of the pledged things get from pawnshop difference, formed as a result of exceeding the amount of the proceeds when implementing the pledged things, or the amount of its assessment over the amount of the borrower's liabilities before by the pawnshop, determined on the day of the sale, in case of such an exceedance.
8. Loan Agreement concluded with the violation of form requirements laid down in parts 4-7 of the present article, may be annulled at the suit of one of the parties.
9. Security ticket can also contain other relevant this federal law and the civil law provisions.
Article 8. The amount of the borrower's liabilities before by the pawnshop 1. The amount of the borrower's liabilities before by the pawnshop includes: 1) the amount of the loan;

2) loan interest charges, calculated for the period of actual use in accordance with the interest rate on the loan, the loan is established by the Treaty, while the period of actual loan is considered the period from the date of the loan before the date of his return and paying interest for the use of the loan or sale by the pawnshop of the pledged things, except in the case specified in subsection 4 of article 4 hereof.
2. Lombard may not include in the amount of their borrower requirements other requirements not arising from obligations under part 1 of this article.
Chapter 3. Rules for storing things in a pawnshop, article 9. Storage agreement 1. Under the terms of the contract are a citizen (individual)-poklazhodavets rents pawnshop deposited their thing and Lombard undertakes to implement, on a reimbursable basis, storage of accepted things.
2. Storage agreement is a contract. The essential terms of the contract of storage are the name of the thing deposited, the amount of the assessment carried out in accordance with article 5 of this federal law, the period of storage, the amount of remuneration for storage and order of payment.
3. conclusion of contract shall be certified by the issuance by the pawnshop poklazhedatelju personal secure receipt (hereinafter referred to as trust receipt). Another instance of secure receipts remains at a pawn shop. Trust receipt is strict reporting form, a form which stated in the order, established by the Government of the Russian Federation.
4. Trust receipt must contain the following provisions and information: 1) the name, address (location) of the pawnshop, as well as the address (location) geographically separate unit (if it does not match the address (location) of the pawnshop);
2) surname, name, patronymic poklazhodavtsya, unless otherwise follows from the Federal law or national custom, date of birth, nationality (for a person who is not a citizen of the Russian Federation), passport or any other identity in accordance with the legislation of the Russian Federation document;
3) name and description deposited stuff, allowing it to identify, in accordance with the legislation of the Russian Federation;
4) assessment amount deposited things;
5) the date and the duration of storage;
6) technological conditions for storage of things;
7) remuneration for storage and order of payment.
5. Trust receipt must contain the information that poklazhodavets in case of realization does not demand things has the right to obtain from the pawnshop donated the sum from the sale of unclaimed stuff, or the amount of its assessment (the greatest of the amounts) minus the costs of storage.
6. Trust receipt can also contain other relevant this federal law and the civil law provisions.
Chapter 4. The order of realization of unclaimed stuff Article 10. Grace period for loan agreement 1. If the loan was not repaid by the borrower within the period stipulated in the contract of loan, Lombard does not have the right to foreclose on the mortgaged thing within a grace period of one month.
2. The day of commencement of preferential month period shall be the day following the day of repayment specified in a security ticket.
3. During the grace period of one month and continue until the realization of the pledged things Lombard is not permitted to increase the interest rate on the loan, the loan agreement provided for worsening conditions for storage of pledged thing as well as the charge for storage.
Article 11. Grace period of storage 1 Treaty. If numerous deposited thing is not claimed within the period prescribed by the poklazhedatelem Treaty storage, Lombard is obliged to carry out its storage within the grace period of two months.
2. The day of the commencement of the two-month grace period shall be the day following the last day of the retention period that is specified in the secure receipt.
3. during the two-month grace period and the period of continued storage until the realization of deposited thing Lombard may not worsen the conditions of storage of such things. For storing things in the specified period will be charged proportional remuneration.
Article 12. The order of foreclosure on unclaimed belongings 1. Upon the expiration of the period of grace set by articles 10 and 11 hereof, if the borrower has not fulfilled the obligation under the loan agreement, or poklazhodavets not claimed delivered deposited thing, such a thing is considered unclaimed.
2. The pawnshop shall have the right to foreclose on the unclaimed belongings.
3. Enforcement of unclaimed stuff is done in an uncontested procedure based on the dishonor of a notary public. The loan agreement may be capable of foreclosing on unclaimed belongings without dishonor notary.
4. the borrower or poklazhodavets at any time prior to the sale of unclaimed stuff may terminate treatment on her recovery, performing their obligations before by the pawnshop, determined in accordance with this federal law.
Article 13. The order of realization of unused stuff

1. The purpose of realization of unused stuff is meeting the requirements of the pawnshop to the borrower or poklazhedatelju in an amount to be determined in accordance with the terms of the loan agreement or the contract of storage on day of sale unused stuff.
2. implementation of the unused stuff, which levied by its sale, including public bidding. If the amount of the assessment of unclaimed belongings exceeds thirty thousand rubles, its implementation shall be carried out only by sale at public auction. In other cases, the form and the manner in which decision defines things unused pawnshop, unless otherwise provided by the contract or loan agreement storage. Public auction for the sale of unused things are organized in the form of public auction in the manner prescribed by articles 447-449 of the Civil Code of the Russian Federation, and with the starting price of unused stuff is the amount of its assessment specified in a security ticket or secure receipts. In the case of tenders invalid Lombard re-bidding are entitled to reduce the initial price of things, but not more than ten percent below initial prices at previous auctions. Repeated trades can take place through public offerings. (As amended by the Federal law dated 02.11.2007 N 249-FZ)
3. After selling unused stuff to pawn requirements borrower or poklazhedatelju are repaid, even if the amount received when implementing unclaimed stuff, is not sufficient for their full satisfaction.
4. If, after the sale of unclaimed belongings of the borrower's liabilities amount or poklazhodavtsya before by the pawnshop has appeared below the amount salvage realization of unclaimed stuff, or the amount of its assessment, pawnshops must refund to the borrower or poklazhedatelju: 1) the difference between the amount of unclaimed belongings and assessment the amount of the borrower's liabilities or poklazhodavtsya if the amount received when implementing unclaimed stuff, does not exceed the sum of its assessment;
2) difference between a salvage value when implementing the unused stuff, and the amount of the borrower's liabilities or poklazhodavtsya if the amount received when implementing uncalled things exceeds the amount of its assessment.
5. Lombard on the borrower's application or poklazhodavtsya if such treatment received within three years from the date of sale of the unused stuff, must give him cash in an amount to be determined in accordance with part 4 of this article, and provide the appropriate calculation of the size of these funds. If within the specified period the borrower or poklazhodavets not applied for obtaining funds owed, such funds are treated as income of the pawnshop.
Chapter 5. Final provisions Article 14. The entry into force of this federal law this federal law shall enter into force on January 1, 2008 year.
Article 15. Final provisions the provisions of this federal law shall be applied to relations arisen after the day of its entry into force.
The President of the Russian Federation v. Putin Kremlin, Moscow July 19, 2007 year N 196-FZ

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