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Ministry of Justice

Republic of Tajikistan 

 On December 17, 2014 No. 773

RESOLUTION OF THE STATE COMMITTEE ON LAND MANAGEMENT AND GEODESY OF THE REPUBLIC OF TAJIKISTAN

of September 10, 2014 No. 36

About approval of the Order of registration and maintaining the state register of agreements of pledge of real estate

Based on the paragraph of 41 items 4 of the Provision of the State committee on land management and geodesy of the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of May 3, 2010, No. 225,

I decide:

1. Approve the Order of registration and maintaining the state register of agreements of pledge of real estate it (is applied).

2. In accordance with the established procedure to provide this resolution to the Ministry of Justice of the Republic of Tajikistan for state registration.

3. To enact this resolution after state registration and official publication.

4. To impose control of execution of this resolution on vice-chairmen.

Chairman

M. Zokirov

Approved by the Resolution of the State committee on land management and geodesy of the Republic of Tajikistan of September 10, 2014, No. 36

Order of registration and maintaining the state register of agreements of pledge of real estate

1. General provisions

1. The order of registration and maintaining the register of agreements of pledge of real estate (further - the Procedure) is developed based on the Law of the Republic of Tajikistan "About mortgage", the Law of the Republic of Tajikistan "About state registration of real estate and the rights to it", Chapter 3 of the Civil code of the Republic of Tajikistan and the paragraph of 41 items 4 of the Provision of the State committee on land management and geodesy of the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of May 3, 2010, No. 225 determines order of registration and maintaining the register of agreements of pledge of real estate.

2. Registration of agreements of pledge of real estate

2. Mortgage, being one of key types in which the property pledged immovable remains in ownership and use of the pledger or the third party which in accordance with the established procedure, the Law of the Republic of Tajikistan "About state registration of real estate and the rights to it" is subject to state registration.

3. The real estate specified in article 7 of the Law of the Republic of Tajikistan "About mortgage" is mortgage subject.

4. Actions for state registration of agreements of pledge of real estate registrars of the State unitary enterprise "Registration of Real Estate" and Affiliated state perform the Registration of Real Estate companies.

5. Agreements of pledge of the real estate relating to republican property are registered from the State unitary enterprise "Registration of Real Estate" with the consent of the Government of the Republic of Tajikistan and the agreement of pledge of the real estate relating to municipal property are registered from the Affiliated state enterprise "Registration of Real Estate" with the consent of the relevant Majlis of People's Deputies.

6. For registration of agreements of pledge of real estate legal entities and physical persons provide in the State unitary enterprise "Registration of Real Estate" and in the State affiliated enterprise "Registration of Real Estate" the following documents personally or by means of the representative:

a) statement of the pledger or pawnbroker;

b) the document confirming powers of the representative;

c) the copy of the agreement of pledge of real estate certified from the notary public;

d) the copy of the agreement or the credit obligation for the purposes of which the agreement of pledge is signed;

e) for physical person - the passport copy and for the legal entity - the copy of the certificate on state registration;

e) receipt on collection payment;

g) receipt on fee of registration body.

7. In the course of registration of agreements of pledge of real estate registration case opens. The documents specified in Item 6 of this Procedure join registration case.

8. Concerning residential and non-residential buildings, objects of construction in progress, constructions except for of apartments in apartment residential buildings, the original of the certificate on right to use by the earth is provided to the registrar.

9. The registrar attaches to registration case the copy of the certificate on right to use by the earth, the reference from the unified register of real estate and the rights to it on lack of restrictions on mortgage real estate and from land management case, the copy of the cadastral plan of the parcel of land which is in archive.

10. In the course of state registration of the agreement of pledge of real estate in the registration book of the unified register of real estate data on registration date and the termination of pledge of real estate, the information about the pledger and the pawnbroker, mortgage subject, cost of secured liabilities by mortgage, cadastral number of the encumbered real estate are entered.

11. Part of property which Section in nature is impossible without change of its appointment (indivisible thing) and cannot be independent subject of pledge of real estate (mortgage), is not subject to state registration.

3. Maintaining register of agreements of pledge of real estate

12. For the purpose of providing information to the state, tax and statistical bodies, investors, physical persons and legal entities, crediting and execution of property obligations of the pledged real estate, the register of agreements of pledge of real estate is created and kept

13. The register of agreements of pledge of real estate is considered the code of data of the registered agreement of pledge of real estate.

14. The register of agreements of pledge of real estate consists of the registration book, registration case, the cadastral map, the magazine registration of statements and is performed on paper and electronic media.

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