of December 23, 2004 No. 2286-IV
About the certified warehouses and simple and double warehouse certificates
This Law regulates the legal relationship connected with registration, issue, repayment of simple and double warehouse certificates, determines procedure for their registration and is directed to creation of legal, economic, organizational operating conditions of these documents in case of storage of goods in warehouses.
Operation of this Law does not extend to the legal relationship arising concerning real estate objects, power industry and also the legal relationship connected with storage of securities, their certificates, bank notes (banknotes) and coins which are legal means of payment; animals; the goods burdened by the pledge rights; goods which expiration date from the date of acceptance on storage does not exceed 90 days, and also goods on which production about reclamation from others adverse possession is initiated by court; the goods transferred to use under lease, leasing or hire.
In this Law the stated below terms are used in the following value:
the register of simple and double warehouse certificates (further - the register of warehouse certificates) - the document containing system of accounting of information about the simple and double warehouse certificates and owners of such certificates issued and extinguished by the certified warehouses;
warehouse - the organization which stores goods and renders the services connected with storage on bases of business activity;
the certified warehouse (further - the certified warehouse) - the warehouse which received the certificate on compliance of rendering services in storage granting the right to grant simple and double warehouse certificates on the separate groups of goods specified in the certificate on compliance of rendering services in storage;
warehouse certificates - tovarorasporyaditelny warehouse documents to bearer or nominal, certifying the property right to goods which are stored in the certified warehouse;
regulations of the certified warehouse - the document determining procedure for acceptance on storage, storages and issues from storage of goods. The regulations of the certified warehouse are developed according to the current legislation.
Warehouse certificates happen two types - simple warehouse certificates and double warehouse certificates.
Warehouse certificates are granted only by the certified warehouses which received the certificate on compliance of rendering services in storage.
The simple warehouse certificate is granted to bearer.
In the simple warehouse certificate data according to the Civil code of Ukraine are specified.
If on storage the goods determined by patrimonial signs are accepted, then in the simple warehouse certificate the corresponding entry is made.
The document which is not conforming to requirements of this Article is not the simple warehouse certificate.
The double warehouse certificate consists of two parts - the warehouse certificate and the mortgage certificate which can be separated from one another.
The double warehouse certificate is nominal.
In the double warehouse certificate data according to the Civil code of Ukraine are specified.
Both parts of the double warehouse certificate shall contain all details provided by its form.
If on storage the goods determined by patrimonial signs are accepted, then in both parts of the double warehouse certificate the corresponding entry is made.
The document which is not conforming to requirements of this Article is not the double warehouse certificate.
Part one is excluded according to the Law of Ukraine of 02.10.2012 No. 5316-VI
The form, procedure for production and use of forms of warehouse certificates are established by the legislation.
The simple or double warehouse certificate is granted to the owner of goods or person authorized by it by the certified warehouse after acceptance of goods on storage.
The warehouse certificate is granted separately on each type of goods determined by patrimonial or individual signs.
The warehouse certificate can be granted on each goods quantity approved between the owner of goods and the certified warehouse.
After filling of obligatory details, entering of the warehouse certificate according to this register the filled form is transferred to the register of the certified warehouse and assignment of sequence number to the owner of goods who gave goods to storage, or person authorized by the owner of goods.
The register of warehouse certificates is kept by the certified warehouses.
Requirements to the register of warehouse certificates and procedure for its maintaining are determined by the body authorized by the Cabinet of Ministers of Ukraine (further - authorized body).
Records in the register of warehouse certificates are kept on paper and/or electronic media of information.
After issue of goods to owners of warehouse certificates the certified warehouses shall extinguish the returned certificates on goods by mark in them "Is extinguished".
The extinguished warehouse certificates to repeated turnover are not allowed and excluded from the register of warehouse certificates about what the corresponding entry in the register is made. The extinguished warehouse certificates are stored by the certified warehouse during the term established by the current legislation for the corresponding document type.
The certified warehouse according to this Law has the right to grant warehouse certificates only after receipt of the certificate on compliance of rendering services in storage of goods and only on those groups of goods which are specified in the certificate.
Certification and deprivation of warehouse of the certificate on compliance of rendering services in storage of goods are performed by authorized body according to the provision developed by it.
The certified warehouse shall approve regulations of the work (regulations of the certified warehouse). The regulations of the certified warehouse shall be available to acquaintance to any persons and cannot be trade secret. Requirements to contents of regulations of the certified warehouse are approved by authorized body taking into account requirements of the law.
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