LAW OF THE REPUBLIC OF TAJIKISTAN

of July 22, 2013 No. 992

About pawnshops

This Law governs the public relations connected with lombard activities on provision of short-term loans instead of the personal estate which is under pledge, and also to storage of personal estate of citizens.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- pawnshop - the legal entity (the specialized organization) occupied with provision of short-term loans instead of the personal estate of citizens which is under pledge, and also storage of personal estate of citizens;

- the pawnshop territory - the protected specialized territory of the main room intended for acceptance of bailors, provision of short-term loans, document storage of crediting, cash, pledged property and the checked property;

- small-size property - jewelry, and also other personal estate which is stored in the fireproof safes of pawnshop established in the territory of pawnshop;

- large-size property - personal estate which is stored in the territory of pawnshop;

- pledge subject in pawnshops - the personal estate which is not withdrawn from circulation and also personal estate which turnover is not limited to the legislation of the Republic of Tajikistan;

- documents of crediting and storage - the loan agreement, the agreement of storage, the mortgage ticket, the personalized safe receipt, and also other documents established by this Law and other regulatory legal acts of the Republic of Tajikistan;

- the loan agreement - the agreement between pawnshop and the bailor for certain term with issue of the mortgage ticket;

- the agreement of storage - the agreement between pawnshop and the bailor for certain term about storage of property on paid basis with issue of the personalized safe receipt;

- the mortgage ticket - the document of accounting of pledge which is issued to the bailor in case of agreement signature about loan;

- the personalized safe receipt - the document of accounting of pledge which is issued to the bailor in the course of storage agreement signature;

- unclaimed property - the property transferred to pawnshop and unclaimed by the bailor in the terms defined by loan agreements and storages.

Article 2. Legislation of the Republic of Tajikistan on pawnshops

The legislation of the Republic of Tajikistan on pawnshops is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Licensing of lombard activities

Licensing of lombard activities is performed according to the Law of the Republic of Tajikistan "About authorization system".

Article 3 (1). Competence of the Government of the Republic of Tajikistan in the field of regulation of activities of pawnshops

In the field of regulation of activities of pawnshops are within the competence of the Government of the Republic of Tajikistan:

- conducting state policy in the field of regulation of activities of pawnshops;

- determination of authorized state body in the field of regulation of activities of pawnshops;

- creating favorable conditions for development of the sphere of regulation of activities of pawnshops;

- implementation of other competences, stipulated by the legislation Republic of Tajikistan.

Article 3 (2). Powers of authorized state body in the field of regulation of activities of pawnshops

In the field of regulation of activities of pawnshops treat powers of authorized state body:

- realization of state policy in the field of regulation of activities of pawnshops;

- monitoring of activities of pawnshops;

- generalization of experience in the field of regulation of activities of pawnshops;

- development and submission to the Government of the Republic of Tajikistan of suggestions for improvement of the legislation of the Republic of Tajikistan in the field of regulation of activities of pawnshops;

- development and acceptance of regulatory legal acts in the field of regulation of activities of pawnshops;

- licensing of activities of pawnshops;

- implementation of other powers, stipulated by the legislation Republic of Tajikistan.

Article 4. Main conditions and requirements to lombard activities

1. The pawnshop shall have seal, the name stated in state language, the text of the name shall contain the word "pawnshop" and specifying on its form of business.

2. The pawnshop in the course of the activities can utilize own means and the credits obtained in credit institutions and the other organizations, according to the procedure, established by the legislation of the Republic of Tajikistan. The authorized capital of pawnshop shall constitute at least three thousand indicators for calculations and be created in the form of money.

3. Pawnshop for the purpose of provision of short-term loans in the right to accept in pledge and on storage personal estate from citizens of the Republic of Tajikistan, and also foreign citizens and stateless persons which reached the 18th flight age on presentation of the passport and (or) other bailor of the document proving the identity, except for the property withdrawn from circulation, and also property which turnover is limited to the legislation of the Republic of Tajikistan.

4. The pawnshop can be engaged in the following types of activity:

- issue of short-term loan instead of pledge of personal estate of citizens;

- acceptance as a deposit, storage, purchase and sale of personal estate, including acquisition and sale of property as a part of which precious metals, gemstones and pieces of antiques contain;

- rendering services in document storage and valuable materials of clients; sale of pledged property according to the legislation of the Republic of Tajikistan;

- assessment of the offered property according to requirements of regulatory legal acts or terms of the contract;

- identification of types, types and features of the property offered in pawnshop;

- other activities determined by the legislation of the Republic of Tajikistan.

5. The pawnshop has no right to grant commodity loans.

6. The pawnshop has no right to use and dispose of the pledged and checked property, except as specified, provided in article 12 of this Law.

7. The pawnshop shall store the pledged and checked small-size property in the fireproof safe of pawnshop and (or) credit institutions operating in the territory of the Republic of Tajikistan the large-size property in own rooms and (or) in the rooms belonging to it on a leasehold basis which conform to requirements of parts 8 and 9 of this Article and other regulatory legal acts of the Republic of Tajikistan agrees to the agreement signed with them, and.

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