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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of April 11, 2007 No. 564

About approval of Rules of creation and maintaining official registers of personal estate

(as amended on 10-08-2016)

For the purpose of forming of the single legal base of creation and maintaining official registers of personal estate I decide:

1. Approve "Rules of creation and maintaining official registers of personal estate" (Appendix 1) (is applied).

2. Approve "The list of the types of property which are subject to registration in official registers of personal estate, and the administrative authorities making this registration" (Appendix 2) (is applied).

3. Charge to the Cabinet of Ministers of the Azerbaijan Republic to resolve the issues following from this Decree.

4. This Decree becomes effective from the date of publication.

President of the Azerbaijan Republic

Ilham Aliyev

 

Appendix 1

Approved by the Presidential decree of the Azerbaijan Republic of April 11, 2007 No. 564

Rules of creation and maintaining official registers of personal estate

I. General provisions

1.1. These rules are prepared according to the Civil Code of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About mortgage" and other legal acts and determine structure of official registers of personal estate in the territory of the Azerbaijan Republic irrespective of pattern of ownership on it (further - registers), general rules of their creation and maintaining.

1.2. Creation and maintaining registers consists in inclusion in registers of data on each type of personal estate, its emergence (production), emergence of the property right and other property rights on this property, restriction (encumbrance) and their transition to other person, the termination of these rights, in updating or removal of these data.

In case of destruction of property, data on which contain in registers, or its acquisition for permanent export out of limits of the Azerbaijan Republic, these data are removed.

1.3. Registers are kept in state language of the Azerbaijan Republic.

1.4. The provisions regulating special procedure for maintaining the corresponding registers can be provided by the legislation.

1.5. Registers are kept on paper and electronic media. In case of discrepancy of the records containing on paper and electronic media of registers, preference is given to data on paper. In case of discrepancy availability between the records of the register and documents which are the basis for registration, preference is given to documents.

1.6. The register book is constituted from the volumes consisting of the sheets bound (fastened) with firm cover (which pages can be withdrawn only by vyryvaniye or cutting). On each volume of the register book numbers of the first and last Sections and pages entering this volume are specified. Numbers of the Sections and pages entering each of volumes continue numbers of the pages and Sections included in the previous volume.

1.7. The register on electronic media is kept according to provisions of the Law of the Azerbaijan Republic "About the digital signature and the electronic document" and other legal acts. At the same time the following requirements shall be observed:

1.7.1. Observance of necessary procedure for use of information, in particular prevention of loss of information, implementation of measures for creation of reliable system of protection for the purpose of exception of illegal acquisition of information.

1.7.2. Operational entering of information into the database, its storage in steady-state accurate, readable condition.

1.7.3. Possibility of the proof of introduction, change and removal of information.

1.8. Maintaining the register on electronic media provides also in identical procedure creation and storage in working order of the corresponding lists of personal estate, the rights to this property and owners of these rights, restrictions and other indicators.

II. Procedure for creation and maintaining registers

2.1. In the register the Section of information on each type of personal estate is constituted. Sections are numbered by the Arab figures. In each Section the following data are registered:

2.1.1. name of personal estate, its type and individual number (number of its components);

2.1.2. the information about the owner of personal estate and persons having other property rights on it;

2.1.3. data on the documents confirming the property right and other property rights to personal estate (with indication of details of documents);

2.1.4. data on the documents confirming restriction of the rights to personal estate, their transition to other person and the termination of these rights (with indication of details of documents).

2.2. Registration in registers of personal estate is made based on the following documents:

2.2.1. the bargains concerning personal estate concluded in the procedure established by the legislation;

2.2.2. the judgments which took legal effect;

2.2.3. other stipulated by the legislation bases.

2.3. Registration of the rights to personal estate is made based on the application submitted by the owner of this property or persons having other property rights on it.

The surname, name, middle name, the address of physical person, the document proving his identity, for the legal entity - its full name and the address, content of request and the enclosed documents are specified in the statement.

In case of filing of application by the other person on behalf of the acquirer of the right, the relevant power of attorney shall be certified of notarial procedure. The statement of the legal entity and the power of attorney issued to the representative who submitted it shall be certified by seal of this legal entity. The submitting applications of person shall submit the documents confirming their personality.

The application form and the list of the documents enclosed to the application are determined according to these rules and other legal acts the administrative authorities of the executive authority keeping registers.

2.4. If the law does not provide other term, the application is submitted within 5 (five) working days after emergence (production) of personal estate, the conclusion of the transaction concerning it or restriction of the rights to it.

2.5. Registration of the rights is made taking into account the sequence of reception of applications.

2.6. The magazine of statements (the book of registration of statements) and the folder with the documents which are the bases for registration of the rights are the integral component of the register.

2.7. In the magazine of statements data as follows are specified:

2.7.1. applicants, content of request, documents on personal estate, owners;

2.7.2. the relevant documents filed for registration of the rights;

2.7.3. the data issued from the register according to Items 3.1 and 3.2 of these rules, and which received them faces.

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