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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 8, 2017 No. 353

About questions of lombard activities

(as amended on 08-04-2022)

For the purpose of implementation of the Law of the Kyrgyz Republic "About activities of pawnshops", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Establish requirements to the minimum size of the authorized capital of pawnshops in the amount of at least 500000 (five hundred thousand) som.

2. Approve:

- Regulations on the minimum requirements to the organization of activities of pawnshops in the territory of the Kyrgyz Republic according to appendix 1;

- The paragraph of ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 04.09.2018 No. 417

3. Bring in the order of the Government of the Kyrgyz Republic "About approval of Provisional regulations for licensing of separate types of activity in the field of the non-bank financial sector" of December 12, 2016 No. 661 the following amendments:

in Provisional regulations for the licensing of separate types of activity in the field of the non-bank financial sector approved by the above-stated resolution:

- add Item 2 with the paragraph third the following content:

"-activities of pawnshops;";

- add with Chapter 2-1 of the following content:

"2-1. Features of licensing of activities of pawnshops

7-1. The license for activities of pawnshops is termless and acts on all territory of the Kyrgyz Republic.

7-2. For receipt of license for activities of pawnshops the following documents are submitted:

- the statement of the established form;

- copy of the certificate on state registration (re-registration) of the legal entity;

- copies of the foundation agreement or decision of the single founder, charter of the legal entity, protocol of meeting of founders on adoption of the charter, statement of the head of executive body and chief accountant;

- the information about officials of pawnshop (the head and the chief accountant (accountant) in form according to appendix 3 to these Provisional regulations;

- the written confirmation of commercial bank about account availability at the legal entity, and also the size of the paid authorized capital, is at least minimum size of the authorized capital which constitutes 500000 (five hundred thousand) som;

- the copy of the document confirming introduction of the license fee for consideration of the application and licensing;

- for the founder of the legal entity: the reference from tax authorities of absence of debt before the budget at the time of filing of application;

- loan agreement sample;

- list of separate divisions (in the presence);

- in case of intention to accept as a deposit the large-size property in addition is represented notarially certified / verified copy of the document on availability of the territory at least 100 (hundred) sq.m on the property right or on right to use.

7-3. Licensed requirements to lombard activities:

1) for the head:

- availability of higher education (bachelor, master, specialist), availability of supporting documents;

- lack of criminal record or the extinguished or removed criminal record in accordance with the established procedure;

- availability of general years of service of labor activity at least 5 years;

2) for the chief accountant (the accountant in case of absence in the state of position of the chief accountant):

- availability of special preparation concerning financial accounting in the organizations (availability of supporting documents);

- lack of criminal record or the extinguished or removed criminal record in accordance with the established procedure;

- availability of length of service as the accountant in financial credit institutes at least two years;

3) minimum requirements to the pawnshop territory:

- the room of pawnshop located in trade organization, premises and other rooms shall be isolated from personnel and clients of the above-stated organizations, customer service shall be made only through cash window of pawnshop;

- in rooms of the pawnshops leasing or occupying separately located construction, the room with separate entrance in non-residential buildings or the apartment in the apartment house, availability of metal lattices at windows and entrance metal doors. Issue and return of the credits is made in pawnshop only through cash desk of pawnshop;

- the cash room of pawnshop shall be isolated, doors in cash desk during making of transaction are locked from the inside;

- availability of fireproof metal case (safe) for storage of small-sized property;

4) in case of acceptance as proof of small-sized property by the pledger the accepted pledge in the presence of the pledger is sealed in envelope, with indication of sequence number of cell of the safe, with the signature of the pledger on envelope joint;

5) storage of the pledged small-sized property shall be performed in the certain isolated room of pawnshop.

At the end of the working day of door to this room and cash desk of pawnshop shall be closed by key and be sealed by pawnshop seal. Access to this room to persons which do not have relations to work of pawnshop is forbidden;

6) keys from the room for storage of pledges, metal cases (safes) and seal of pawnshop are stored at the head or the chief accountant (the accountant - in case of absence in the state of position of the chief accountant) which are forbidden to leave them in agreed places, to transfer to strangers, or to make unaccounted duplicates;

7) pawnshops shall be equipped with the technical means necessary for activities implementation: the scales and weights which underwent the state checking on standardization and metrology allowed to work (in case of acceptance as proof of products from precious metals), devices for check of gold on authenticity and for determination of diamonds;

8) pawnshops for ensuring financial stability shall support the size of the authorized capital at the level at least minimum size of the authorized capital of the pawnshop established by the Government of the Kyrgyz Republic;

9) for safety the territory of pawnshop shall be equipped: the safe, phone, the disturbing button, the alarm system, the surveillance camera, the computer for storage of video, system of uninterrupted food of the electric power, armored metal door with night window and call;

10) the territory of pawnshop shall meet fire protection regulations and rules according to the order of the Government of the Kyrgyz Republic "About approval and enforcement of Fire safety regulations for the companies, the organizations, organizations and dwelling stock of the Kyrgyz Republic" of February 8, 1995 No. 33.

7-4. The applicant bears responsibility for reliability of the data specified in the provided documents according to the legislation of the Kyrgyz Republic.";

- add with appendix 3 in edition according to appendix 3 to this resolution.

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