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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of June 12, 2014 No. 155

About measures for implementation of the Law of the Republic of Uzbekistan "About the mortgage register"

(as amended on 27-06-2015)

According to the Law of the Republic of Uzbekistan "About the mortgage register" and the Presidential decree of the Republic of Uzbekistan of April 7, 2014, and also for the purpose of forming of the unified register of information on the rights of creditors, creations of more favorable conditions for financing of subjects of entrepreneurship and further enhancement of the mortgage relations the Cabinet of Ministers decides No. UP-4609 "About Additional Measures for Further Enhancement of the Investment Climate and Business Environment in the Republic of Uzbekistan":

1. Agree with the offer of the Central bank of the Republic of Uzbekistan on creation of the state unitary enterprise "Mortgage Register" under the Central bank of the Republic of Uzbekistan (further - SUE Zalogovy reestr) with the extreme number of staff in number of 6 units (without support and service personnel).

2. Determine that maintaining the mortgage register will be performed SUE Zalogovy reestr in the form of the single electronic information database in real time through the Internet using the protocol of the protected connection.

3. Approve Regulations on procedure for maintaining the mortgage register according to appendix and enact it since July 1, 2014.

4. Recommend to the Central bank of the Republic of Uzbekistan:

provide state registration SUE Zalogovy reestr in accordance with the established procedure;

determine the size and create authorized capital SUE Zalogovy reestr, including current assets on current expenses, prior to its activities at the expense of means of the Central bank of the Republic of Uzbekistan, and also realize necessary measures for activities material logistics SUE Zalogovy reestr;

together with the State committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan till July 1, 2014 to develop and start program platform of the mortgage register;

together with the interested ministries and departments to carry out works on the organization and holding seminars and practical trainings for specialists of the organizations and other persons performing entering of record into the mortgage register.

5. Determine that:

for entering of record into the mortgage register the payment in the amount of twenty percent of minimum wage is levied from physical persons and legal entities;

for issue of the statement from the mortgage register the payment in the amount of ten percent of minimum wage is levied from physical persons and legal entities;

entering of records into the mortgage register by investigation authorities and inquiry, bodies of the public Tax and Customs Service, and also issue of the statement to them from the mortgage register are performed on a grant basis;

entering of records into the mortgage register of rather mortgage loans issued by commercial banks for construction of individual housing according to standard projects in the rural zone is performed on a grant basis.

6. To provide to national news agency of Uzbekistan, National broadcasting company of Uzbekistan and other mass media extended coverage of essence and contents of the Law of the Republic of Uzbekistan "About the mortgage register".

7. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R.S.Azimov.

Prime Minister of the Republic of Uzbekistan

Sh. Mirziyoyev

 

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 12, 2014 No. 155

Regulations on procedure for maintaining the mortgage register

I. General provisions

1. This Provision according to the Law of the Republic of Uzbekistan "About the mortgage register" determines conditions and procedure for entering into the mortgage register of records, their changes and exception, and also implementation of search of entry in the mortgage register.

2. In this Provision the following basic concepts are used:

the administrator - the physical person authorized by the user - the legal entity, determining the registrars acting on behalf of this legal entity. The administrator can also perform functions of the registrar;

the mortgage register - the single information database containing records about the rights of creditors to the property of debtors provided as ensuring obligation fulfillment and also about the restriction of the rights of the debtor on the order with property and use imposed according to the law it and other requirements connected with ensuring proper execution by the debtor of the obligations (further - records);

personal office of the user - the electronic resource in the mortgage register containing the information about the user, and also its personal data for interaction with the mortgage register. The personal office becomes available to users in case of introduction of the corresponding individual logins and passwords by them;

users - the legal entities and physical persons which are acting as the creditor, the debtor, having the right to entering of record into the mortgage register based on the agreement signed with the organization for maintaining the mortgage register and also the investigation authorities and inquiries having according to the law rights to impose restriction for the order with property and use of it, bodies of the public Tax and Customs Service;

the registrar - the physical person determined by the administrator and authorized by the user - the legal entity on introduction, change, exception and search of entries in the mortgage register on behalf of this legal entity.

3. All persons without restriction have the right to perform searches of entry in the mortgage register.

At the same time access to other functions of the mortgage register, including issue of the statement from the mortgage register on search results, is provided to persons which underwent the procedure of registration and authorization according to this Provision.

4. The mortgage register is kept in official language. Also maintaining versions of the mortgage register in the Russian and English languages is allowed.

5. Maintaining the mortgage register is performed by the state unitary enterprise "Mortgage Register" under the Central bank of the Republic of Uzbekistan (further - SUE Zalogovy reestr).

6. SUE Zalogovy reestr provides the round-the-clock continued operation of the mortgage register through the Internet according to this Provision. The website SUE Zalogovy reestr is located in the zone TAS-IX and has the domain name "garov.uz".

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