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It is registered

Ministry of Justice

Republic of Tajikistan 

 On October 2, 2015 No. 718

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of September 25, 2015 No. 603

About the Order of registration of pledges and maintaining the Unified state register of bail bonds

According to part 7 of article 22 of the Law of the Republic of Tajikistan "About pledge of personal estate" the Government of the Republic of Tajikistan decides:

1. Approve the Order of registration of pledges and maintaining the Unified state register of bail bonds it (is applied).

2. To the Ministry of Justice of the Republic of Tajikistan to bring the regulatory legal acts into accord with this resolution.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of September 25, 2015, No. 603

Order of registration of pledges and maintaining the unified state register of bail bonds

1. General provisions

1. The order of registration of pledges and maintaining the Unified state register of bail bonds is developed based on part 7 of article 22 of the Law of the Republic of Tajikistan "About pledge of personal estate" and determines system of state registration of pledge of personal estate and maintaining the Unified state register of bail bonds.

2. Registration of pledges

2. Procedure registration of pledges - the procedure established by the state which is performed by means of creation of the Unified state register of the pledged personal estate in written and electronic type, for the purpose of regulation of the public relations in the sphere of investment, crediting and obligation fulfillment, and also forming of free source of information.

3. The unified state register of bail bonds (further - the Unified state register) covers accomplishment of the following actions:

- adoption of mortgage notices of registration of pledge of personal estate and introduction of information on them in the Unified state register;

- adoption of mortgage notifications on search of the data from the Unified state register concerning physical persons and legal entities, property and obligations;

- adoption of mortgage notifications on modification of registration of pledge of personal estate and change of data in the Unified state register;

- issue of confirmations about registration of pledge of personal estate, changes in registration and carrying out search of the data in the Unified state register;

- issue of the statement from the Unified state register.

4. Registration of pledges can be performed on the Internet of network. The instruction about order of registration of pledges on the Internet of network affirms the Ministry of Justice of the Republic of Tajikistan.

3. Mortgage notifications

5. Registration of pledges is performed by means of mortgage notifications which are represented by physical persons and legal entities to the Ministry of Justice of the Republic of Tajikistan and its structural divisions on places (further - Registering body) is direct or through the authorized representatives in paper or electronic type. For the appeal to Registering body in the procedure established by the law the following three types of mortgage notifications are determined:

- mortgage notice of registration of pledge of personal estate;

- the mortgage notification on modification of the registered pledge;

- the mortgage notification on search of the data from the Unified state register concerning physical persons and legal entities, property and obligations.

6. The mortgage notice of registration of pledge of personal estate shall include the following data:

- name, the address of the pledger and debtor according to the obligation provided with pledge if he is not pledger, identification taxpayer number, the settlement account, passport number (for physical persons);

- name, the address of the pawnbroker or managing director of pledge if that is appointed, identification taxpayer number, the settlement account, passport number (for physical persons);

- individual or the general description of subject of pledge allowing its identification; - the short notice if there are any restrictions for repledge;

- the signature of the pledger or pawnbroker, or debtor according to the obligation provided with pledge if he is not pledger, or persons authorized by them;

- date and contents of the pledge agreement;

- other requirements established by the legislation of the Republic of Tajikistan.

7. The mortgage notification on introduction change in the registered pledge taking into account amendments is registered in the following cases when it is required:

- appointment or release of the managing director of pledge if the managing director is appointed or exempted after registration of the pledge agreement;

- concession the pawnbroker of the requirement provided with pledge;

- replacement of the debtor in the obligation;

- replacement of subject of pledge.

8. Registration of changes in registrirovanny pledge is performed based on the additional mortgage notice. In the additional mortgage notice date, number of the previous registration, sense of change of the agreement and the signature of the pawnbroker or pledger shall be specified.

9. Registration of the changes made to registrirovanny pledge is performed in general procedure.

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