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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS AND NATIONAL BANK OF THE REPUBLIC OF BELARUS

of August 26, 2016 No. 681/21

About approval of the Regulations on procedure for forming, maintaining, functioning of the register of personal estate, pledged, and access to it

Based on Item 3 of the Presidential decree of the Republic of Belarus of December 31, 2015 No. 539 "About the register of personal estate, pledged" Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus POSTANOVLYAYUT:

1. Approve the enclosed Regulations on procedure for forming, maintaining, functioning of the register of personal estate, pledged, and access to it.

2. Together with other interested no later than January 1, 2018 to provide to the Ministry of Communications and Informatization interaction of the register of personal estate, pledged, with the nation-wide automated information system.

3. This resolution becomes effective since September 1, 2016.

Prime Minister of the Republic of Belarus

A. Kobyakov

Chairman of the board of National Bank of the Republic of Belarus

P. Kallaur

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of August 26, 2016 No. 681/21

Regulations on procedure for forming, maintaining, functioning of the register of personal estate, pledged, and access to it

1. This Provision determines procedure for forming, maintaining, functioning of the register of personal estate, pledged (further - the register), and access to it.

2. The register is created by introduction in it of information on encumbrance of personal estate by pledge (further if other is not provided, - information), its changes, and also introduction of marks about objection against the information containing in the register, untrue and violating the rights and legitimate interests of certain person, and marks about objection against the information containing in the register, which is not changed or is not excluded by the pawnbroker in the cases provided in part one of subitem 2.8 of Item 2 of the Presidential decree of the Republic of Belarus of December 31, 2015 No. 539 "About the register of personal estate, pledged" (The national legal Internet portal of the Republic of Belarus, 15.01. 2016, 1/16208) (further - marks).

3. Maintaining the register activities of the operator and owner of the register for possibility of entering of information into the register, its changes and exceptions of the register, entering into the register of marks and their exception of the register, and also for provision of information from the register, to data storage about the facts provided in subitem 4.4 of item 4 of this provision, information security when functioning the register, to making other actions for ensuring functioning of the register provided by the Presidential decree of the Republic of Belarus of December 31, 2015 No. 539, this Provision and other acts of the legislation are recognized.

4. The operator and the owner of the register shall:

4.1. provide possibility of search on the website on the global computer Internet to the address https://www.reestr-zalogov.by by means of which access to the register is provided (further - the website), information on the following details:

identification number of the pledger - the citizen of the Republic of Belarus according to its passport;

passport number or other identity document, the pledger - the foreign citizen or the stateless person;

accounting number of the payer of the pledger organization, except for the pledger - the foreign organization which is not performing activities in the Republic of Belarus through permanent mission and not consisting with respect thereto on accounting in tax authorities of the Republic of Belarus;

the name of the pledger - the foreign organization which is not performing activities in the Republic of Belarus through the permanent mission and not consisting with respect thereto on accounting in tax authorities of the Republic of Belarus specified with use of letters of the Latin or Russian alphabet;

number of body (frame) of the vehicle;

the registration number assigned to pledge subject following the results of entering of information into the register;

4.2. provide mark exception of the register along with exception of the register of information concerning which the mark is brought;

4.3. provide:

to persons who created on the website accounting records for entering of information into the register, its change and exception of the register, entering into the register of marks and their exception of the register and receipt of information of it on the conditions determined by the Presidential decree of the Republic of Belarus of December 31, 2015 No. 539 (further - accounting records), opportunity in case of introduction of mark to specify subscriber number of cellular mobile telecommunication or the e-mail address which can be used for communication with them;

to persons who entered information in the register, possibility of receipt of notifications on the introduction facts concerning this information of marks with indication of the subscriber number of cellular mobile telecommunication and (or) the e-mail address provided in the paragraph the second this part.

The notifications provided in paragraph three of part one of this subitem go automatically:

by means of the SMS message on subscriber number of cellular mobile telecommunication using which the accounting record or specified to the operator and the owner of the register or the notary was created if information was entered in the register by the address to the operator and the owner of the register or the notary;

on the e-mail address specified during creation of accounting record or to the operator and the owner of the register or the notary if information was entered in the register by the address to the operator and the owner of the register or the notary;

4.4. store data in electronic form on the facts of creation of accounting records, entering into the register of information, its change, exception of the register, and also entering into the register of marks and their exception of the register within ten years from the date of the termination of the right of pledge;

4.5. post on the website:

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