Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 31, 2015 No. 539

About the register of personal estate, pledged

For the purpose of gain of protection of the rights and legitimate interests of participants of civil circulation I decide:

1. Create the register of personal estate, pledged (further - the register), for accounting, storage and provision of data on pledge of personal estate.

2. Determine that:

2.1. the register represents the information system containing information on the rights of pawnbrokers to the personal estate belonging to pledgers, pledged (further - information) on the basis of which in case of the subsequent pledge the priority of the pawnbroker * on satisfaction of the requirements in relation to the rights and legitimate interests of other pawnbrokers at the expense of the same property of the pledger is determined;

______________________________

* For the purposes of this Decree the priority of the pawnbroker is understood as the right of the pawnbroker to receipt of satisfaction from the cost of the personal estate belonging to the pledger, pledged, is preferential before other pawnbrokers having the right to satisfaction from the cost of this property.

2.2. access to the register is provided with the operator and the owner of the register round the clock by means of the website in global computer network the Internet;

2.3. the priority of the pawnbroker is determined by priority of entering of information into the register, except as specified, provided in subitem 2.9 of this Item;

2.4. information on encumbrance by pledge of any personal estate which according to the legislation can be pledge subject, except as specified, provided in Item 5 of this Decree is entered in the register;

2.5. entering of information into the register does not influence entry into force or validity of the pledge agreement of personal estate (further - the pledge agreement).

Information is entered in the register after emergence of the right of pledge. In case of pledge of personal estate which the pledger will acquire in the future information is entered in the register after emergence at it of the property right, economic maintaining or operational management on this property. The pledger shall inform in writing on it the pawnbroker no later than one calendar day from the date of emergence of the appropriate right with indication of data, the provided in paragraphs six and (or) the seventh part three of subitem 2.6 of this Item, and bears liability for damages, caused to the pawnbroker by non-execution of this obligation;

2.6. information is entered in the register, changes and excluded from the register on a grant basis by pawnbrokers, except as specified, provided in part three of subitem 2.7 and part two of subitem 2.8 of this Item.

On entering of information into the register, its change and exception of the register the consent of the pledger, and on provision of information from the register - the consent of the pledger and the pawnbroker is not required.

When entering information into the register data are specified:

about the pawnbroker - physical person (surname, own name, middle name (if that is available), document number, proving the identity, date of issue of this document and the body which issued it and also identification number (if that is available);

about the pawnbroker organization (the name, legal address and accounting number of the payer (if that is available);

about the pledger - physical person (surname, own name, middle name (if that is available);

about the pledger organization (the name, legal address and accounting number of the payer (if that is available);

about the pledge subject representing individual and certain thing (the data including its name and allowing to identify it by specifying of number of state registration, serial (inventory) number, number of body (frame), date and number (if that is available) agreements on acquisition of subject of pledge or other characteristics allowing to individualize it in relation to similar property);

about the pledge subject representing the things determined by patrimonial signs (the data including its name, patrimonial signs and cost);

about the pledge agreement (date, and also number, condition about prohibition of the subsequent pledge (if those are available).

Following the results of entering of information into the register the registration number is assigned to subject of pledge.

Entering of information into the register, its change and exception of the register is performed by the pawnbroker independently by means of the website in global computer network the Internet or by its address to the operator and the owner of the register or the notary. The corresponding request which arrived to the operator and the owner of the register is subject to execution no later than two working days from the date of its receipt;

2.7. for entering of information into the register, its change and exception of the register the interested person creates on the website in global computer network the Internet accounting record with use of the registration code sent automatically to the subscriber number of cellular mobile telecommunication specified on this website by this person during creation of accounting record.

The person which enters information in the register bears responsibility for its completeness and reliability, including for the losses caused to other persons as a result of entering into the register of incomplete and (or) unreliable information.

The person which found in the register the information untrue and violating the rights and legitimate interests of this person or other persons has the right:

enter in the register on a grant basis according to the procedure, provided in parts one of this subitem, mark about objection against information provided in paragraph one of this part;

address in writing the operator and the owner of the register for change of information provided in paragraph one of this part, or its exception of the register with application of documents, confirming the fact of mismatch of this information of reality, and also for provision of the data allowing to identify the person which entered such information in the register. In this case the operator and the owner of the register shall change on a grant basis information containing in the register or to exclude it from the register no later than two working days from receipt date of the corresponding address with the direction of the notification on making of this action which shall contain the data allowing to identify the person which entered such information in the register (the subscriber number specified in parts one of this subitem, the IP address of the device by means of which information was entered in the register, and other available data);

2.8. pawnbrokers shall provide:

or shall learn change of information containing in the register in case of change of the data provided in part three of subitem 2.6 of this Item no later than two working days from date when they learned about change of these data, and bear liability for damages, caused to other persons by non-execution of this obligation;

or shall learn information exception of the register no later than two working days from date when they learned about the termination of the right of pledge, and bear liability for damages, caused to other persons by non-execution of this obligation.

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