JOINT ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2018 No. 12, on August 29, 2018 No. 608

About approval of Rules of implementation of trading activity of pawnshops

According to subitem 4-2) of article 7 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity", PRIKAZYVAYEM:

1. Approve the enclosed Rules of implementation of trading activity of pawnshops.

2. To provide to department of regulation of trading activity of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this joint order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this joint order on the supervising deputy minister of internal affairs of the Republic of Kazakhstan and the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This joint order becomes effective after thirty calendar days after day of its first official publication.

No. 608, No. 12 are approved on August 29, 2018 by the Joint Order of the Minister of Internal Affairs of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of August 29, 2018

Rules of implementation of trading activity of pawnshops

Chapter 1. General provisions

1. These rules of implementation of trading activity of pawnshops (further - Rules) are developed according to subitem 4-2) of article 7 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" and determine procedure of trading activity of pawnshops.

2. The basic concepts used in these rules:

1) the personalized safe receipt - the document which is issued by pawnshop in case of the conclusion of the agreement of storage of thing, containing data on the thing which is stored and obligation of pawnshop on storage of thing within three months after the term of the personalized safe receipt;

2) the bailor - physical person which transfers to pawnshop thing to storage in accordance with the terms of the personalized safe receipt;

3) pledge subject - the personal estate which is in property of the pledger and serving as the providing guaranteeing repayment of loan;

4) the mortgage ticket - the document which is issued by pawnshop in case of registration of short-term loan, containing data on subject of pledge and conditions of provision of loan;

5) the borrower - the physical person who is at the same time pledger and obtains short-term loan in pawnshop, providing the personal estate intended for private use as pledge;

6) the mystery of provision of loan - the information about borrowers, the loan sizes, about other terms of loan relating to the borrower about transactions of pawnshop (except for data on the things which are in pledge and stored in pawnshop);

7) short-term loan - the loan issued by pawnshop to citizens for the term of no more than one year;

8) pawnshop - the legal entity registered as pawnshop who performs business activity on issue of short-term loans to citizens on the security of the personal estate intended for private use;

9) unclaimed thing - the thing which is stored in pawnshop and is not requested by the bailor after the term of the personalized safe receipt.

3. Exclusive types of activity of pawnshops are:

1) provision of short-term loans on the security of personal estate;

2) accounting, storage and sale of the jewelry containing precious metals and gemstones.

Pawnshops can perform investing activities.

4. The legal entity who is not registered as pawnshop does not use in the name the word "pawnshop", words, derivative of it, assuming that it performs activities for carrying out lombard transactions.

5. Pawnshops notify authorized body on financial monitoring on the beginning or the termination of the activities according to the procedure, established by the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications".

6. The pawnshop performs the activities only in the presence of Rules of carrying out lombard transactions which affirm the supreme body of pawnshop and contain the following information:

Limiting 1) the amounts and terms of the granted loans;

Limiting 2) sizes of rates of remuneration on the granted loans;

3) rates and rates for carrying out transactions;

4) rights and obligations of pawnshop and its clients, their responsibility;

5) procedure for issue to the pledger of duplicates in case of loss of the mortgage ticket;

6) other conditions.

7. Rules of carrying out lombard transactions are placed in the place available to review clients of pawnshop.

8. Pawnshop:

1) provides to the borrower in the Kazakh and (or) Russian languages complete and reliable information about the payments, rates and rates connected with obtaining, servicing and repayment (return) of loan;

2) informs the borrower on its rights, obligations, the responsibility connected with receipt of loan;

3) creates in the territory of pawnshop the conditions for storage of things ensuring its safety and excluding access for strangers to it;

Immediately reports 4) to the borrower about emergence of threat of loss or damage of thing;

5) is immediately returned to the pledger by pledge subject according to the mortgage ticket after accomplishment of the obligations to pawnshop by it;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info