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LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 1998 No. 254-I

About registration of pledge of personal estate

(as amended on 02-04-2019)

This Law establishes rules of registration of pledge of personal estate for the purpose of realization and protection of the rights of the physical persons and legal entities having legitimate rights for this property.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

1-1) personal estate - the property which is not relating to the real estate including vehicles, goods in turnover, securities, money, property rights, including the right to future products and other property;

2) registration of pledge of personal estate - the accounting procedure registering body and (or) The Government for Citizens State corporation of pledge of personal estate representing set of actions of participants of the relations arising in case of registration of pledge of personal estate on inclusion in the register of pledge of personal estate of the data containing in the pledge agreement or other agreement containing pledge conditions, issue of the registration certificate of pledge of personal estate, to modification, amendments in the agreement of pledge, and also to the termination of the registered pledge and other actions of registering bodies and (or) The Government for Citizens State corporation made according to the procedure, established by this Law and other legal acts of the Republic of Kazakhstan;

3) registration authorities of pledge of personal estate (registering bodies) - the state bodies and legal entities authorized by legal acts of the Republic of Kazakhstan to register separate types of the personal estate which is subject to state registration and pledges of this property;

4) the registration certificate of pledge of personal estate - the document issued by registering body and (or) The Government for Citizens State corporation to the applicant and the confirmatory fact of registration of pledge of personal estate;

4-1) unified register of pledge of personal estate - the information system representing single window of access of information on pledge of personal estate, the direction of the statement electronically on the registration of pledge of personal estate and other actions of registering bodies and (or) The Government for Citizens State corporation made according to the procedure, established by this Law and other legal acts of the Republic of Kazakhstan;

5) the register of pledge of personal estate (the register of pledge) - the system of accounting and storage of information performed by registering bodies and (or) The Government for Citizens State corporation according to the procedure, established by the legislation of the Republic of Kazakhstan;

5-1) electronic registration of pledge - the registration of pledge of personal estate performed based on the statement electronically by means of the unified register of pledge of personal estate;

6) the applicant - person submitting the application for registration of pledge to registering body and (or) The Government for Citizens State corporation; by agreement of the parties of bail bond can be the applicant both the pledger, and the pawnbroker;

7) the registered pledge - the pledge of personal estate registered according to the procedure, established by this Law;

8) authorized body - the state body enabling the realization of state policy in the sphere of registration of pledge of personal estate;

9)  No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018

Article 2. Legislation of the Republic of Kazakhstan on registration of pledge of personal estate

The legislation of the Republic of Kazakhstan on registration of pledge of personal estate is based on the Constitution of the Republic of Kazakhstan, regulations of the international treaties ratified by the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

Article 3. Participants of the relations arising in case of registration of pledge of personal estate

1. Participants of the relations in case of registration of pledge of personal estate are:

1) pledger, pawnbroker;

2) registering bodies;

2-1) State corporation;

3) third parties.

2. The common directorship and control of activities of registering bodies are exercised by the relevant state bodies, and behind activities of the legal entities performing registration of pledges with separate types of personal estate - the state body authorized by the legislation of the Republic of Kazakhstan.

Article 3-1. Competence of authorized body

Authorized body:

1) performs check of activities of the State corporation within competence;

Develops 2) and approves requirements to maintenance of information systems in the sphere of registration of pledge of personal estate;

Develops 3) and approves rules of access to information systems and databases in the sphere of pledge of personal estate;

Develops 4) and approves rules of provision by the State corporation of statistical and other reporting information of pledge of personal estate;

5) performs other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 4. Registration of pledge of the personal estate which is subject to obligatory state registration

1. Registration of pledge of the personal estate which is subject to obligatory state registration is performed according to the legislation body, authorized to perform registration of this property.

2. The order of registration of pledge of the personal estate which is subject to state registration is established by authorized body.

3. Property types, the property right and other rights which pledges are subject to obligatory registration and also the bodies performing its registration are determined by legal acts of the Republic of Kazakhstan.

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