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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2019 No. 226

About approval of Rules of the organization of activities of pawnshops, including questions of storage of things in pawnshop, establishments of safety requirements and technical reinforcement of rooms of pawnshops, measures for counteraction to turnover in pawnshops illegally the got things

(as amended on 03-08-2020)

According to the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of the organization of activities of pawnshops, including questions of storage of things in pawnshop, establishments of safety requirements and technical reinforcement of rooms of pawnshops, measures for counteraction to turnover in pawnshops illegally of the got things.

2. To provide to department of methodology and regulation of the financial organizations in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item and Item 3 of this resolution.

3. To department of external communications - the press service of National Bank to provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

5. This resolution becomes effective since January 1, 2020 and is subject to official publication.

Chairman of National Bank

E.Dosayev

It is approved

Ministry of Internal Affairs of the Republic of Kazakhstan

"___" ___________ 2019

 

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of November 28, 2019 No. 226

Rules of the organization of activities of pawnshops, including questions of storage of things in pawnshop, establishments of safety requirements and technical reinforcement of rooms of pawnshops, measures for counteraction to turnover in pawnshops illegally the got things

Chapter 1. General provisions

1. These rules of the organization of activities of pawnshops (further - Rules) are developed according to subitem 4-3) of article 27 of the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities" (further - the Law) and determine procedure for the organization of activities of pawnshops.

2. In Rules the basic concepts specified in the Law and also the following concepts are used:

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

4) pledge subject - the personal estate intended for private use, providing obligation fulfillment on repayment of the microcredit;

5) 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. Pawnshop:

1) performs the activities provided by the Law;

2) signs contracts on provision of the microcredit and pledge of things in pawnshop by issue of the mortgage ticket and receipt of consent of the borrower on:

provision of information on him in credit bureau and in law-enforcement bodies;

issue of the credit report to the receiver of the credit report and to law-enforcement bodies;

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

4) at least 30 (thirty) calendar days after day of the expiration of repayment of the microcredit store pledge subject;

5) stores unclaimed thing within three months after the expiration of the personalized safe receipt;

Immediately reports 6) to the borrower about emergence of threat of loss or damage of subject of pledge;

7) is immediately returned by pledge subject according to the mortgage ticket after accomplishment by the borrower of the obligations to pawnshop.

4. To pawnshop acceptance as a deposit according to the Civil code of the Republic of Kazakhstan of December 27, 1994, the laws of the Republic of Kazakhstan of December 12, 1995 "About the state awards of the Republic of Kazakhstan", of March 7, 2014 "About rehabilitation and bankruptcy" and of April 2, 2010 "About enforcement proceeding and the status of legal executives" is not allowed:

1) real estate;

2) the things withdrawn from circulation and limited in turnover;

3) distrained property;

4) the property encumbered with the third party rights;

5) property which will arrive in property of the pledger in the future;

6) perishable raw materials, food;

7) clothes, footwear, linen, bedding, the kitchen and table utensils which were in the use, except for fur and other valuable clothes, table services, objects made of precious metals, and also having art value;

8) children's accessories;

9) the vehicles which are specially intended for movement of disabled people, technical supportive (compensatory) means and special vehicles of disabled people;

10) the international and state prizes, the state awards, medals and breastplates to honorary titles of the Republic of Kazakhstan;

11) the integral and complete jewelry containing precious metals and gemstones as scrap of jewelry.

Chapter 2. Storage conditions of things in pawnshop

5. The agreement of storage of thing in pawnshop is drawn up by issue by pawnshop of the personalized safe receipt.

6. The pawnshop independently develops form of the personalized safe receipt which contains the following data:

1) name, legal address and actual location of pawnshop;

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