of October 15, 2007 No. 504
About measures for streamlining of transactions on alienation of vehicles
For the purpose of streamlining of transactions on alienation of vehicles and proper providing the rights of citizens in case of their making:
1. Determine that in the territory of the Republic of Belarus agreements on alienation of motorized vehicles, trail cars to them or the self-propelled machines which are subject to state registration and the state accounting (further, unless otherwise specified, - vehicles), concluded between the physical persons who are not individual entrepreneurs (further - physical persons), and also between physical persons and legal entities, individual entrepreneurs (further, unless otherwise specified, - agreements), shall consist in writing taking into account requirements of this Decree.
2. The contracts signed between physical persons at the discretion of the parties are subject to state registration in state bodies (organizations) performing state registration and the state accounting of vehicles (further - registering bodies), according to the procedure, established in parts by second or heel of this Item, or to the notarial certificate.
State registration of the agreements signed between physical persons is performed, as a rule, along with state registration of the vehicles specified in them or their removal from accounting in registering bodies:
in the place of removal from accounting of the vehicle - if the vehicle was not struck off the register to the conclusion of the agreement;
in the place of removal from accounting of the vehicle or in the place of state registration of the vehicle by the acquirer - if the vehicle to the conclusion of the agreement was struck off the register.
In case of state registration the contracts signed between physical persons are constituted in triplicate and are registered in the presence of the parties or their representatives by putting down by the authorized officer of registering body on each copy of seal of registering body, the signature, surname and initials of the authorized officer, date of state registration of the agreement.
One copy of the agreement remains at the physical person alienating the vehicle, the second - at the physical person acquiring it, third - in registering body.
For state registration of agreements the payment is not levied.
Approximate forms of the purchase and sale agreements signed between physical persons, exchanges, donations are established:
motorized vehicles and trail cars to them (except for wheel tractors and trail cars to them) - the Ministry of Internal Affairs in coordination with the Ministry of Justice;
wheel tractors, trail cars to them and self-propelled machines - the Ministry of Agriculture and Food in coordination with the Ministry of Justice.
3. The contracts signed between physical persons and legal entities, individual entrepreneurs are not subject to state registration.
4. If other is not determined in Items 5 and 6 of this Decree, except the essential conditions established according to the legislation agreements shall contain:
for physical persons - surname, own name, middle name (if that is available), identification number, and in case of its absence - data of the identity document (series (in case of its availability), number, date of issue, the name of the body which issued the document), the residential address (the place of stay);
for individual entrepreneurs - the data specified in the paragraph the second this subitem and also accounting number of the payer or other similar number assigned in foreign state;
for legal entities - full name, the location, accounting number of the payer or other similar number assigned in foreign state;
4.2. rights and obligations of the Parties;
about brand, model, year of release, identification number (number of body, chassis, frame, factory, serial) vehicle;
about series, number and date of issue of the registration certificate (technical data sheet, the technical coupon) of the vehicle, the name of the body which issued such document (for the vehicles which were in operation);
about vehicle cost (for purchase and sale agreements);
about terms and form of calculations in case of payment of cost of the vehicle for purchase and sale agreements or differences in the cost of vehicles under agreements of exchange;
about absence at the time of the conclusion of the agreement of restrictions (encumbrances) and prohibitions on transactions with the vehicle specified in the agreement including information that the vehicle is presented to nobody is not sold, not pledged, not leased, is not seized it, lawsuit on it is not available, it is free from any rights and claims from the third parties;
about responsibility of the parties in case of non-execution or improper execution of terms of the contract by them.
the vessels or the states turned into the income withdrawn, arrested, and also confiscated under sentence (resolution) otherwise;
on which collection on account of the unexecuted tax liability, unpaid penalty fee addresses;
exempted from arrest by the body conducting criminal procedure;
detained by customs authorities and not demanded in the terms established by the Customs code of the Eurasian Economic Union;
placed under customs procedure of refusal for benefit of the state.
6. In case of the notarial certificate in the agreement data on availability of restrictions (encumbrances) and prohibitions on transactions with the vehicle are specified if such restrictions (encumbrances) and prohibitions are not the basis for refusal in the notarial certificate of the agreement, or about their absence.
7. The property right to the vehicle of the acquirer arises, and the property right of person alienating the vehicle under the agreement stops since the moment:
state registration of the agreement;
the notarial certificate of the contract or agreement on execution of notarially certified agreement (if according to the agreement the moment of emergence of the property right at the acquirer of the vehicle does not match the moment of the notarial certificate of the agreement);
the actual transfer of the vehicle to the acquirer who is drawn up by the delivery-acceptance certificate - in case of the conclusion of the contract between physical person and legal entity, the individual entrepreneur in simple written form.
8. Alienation of the vehicles acquired by physical persons and legal entities, individual entrepreneurs based on the agreement except for of the legal entities and individual entrepreneurs performing trade in vehicles without state registration of vehicles by such acquirers is not allowed.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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