ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 22, 1999 No. 14

About approval of the Instruction for registration of pledge of the personal estate which is not subject to obligatory state registration

For the purpose of realization of item 4 of article 5 of the Law of the Republic of Kazakhstan "About registration of pledge of personal estate", PRIKAZYVAYU:

1. Approve the Instruction for registration of pledge of the personal estate which is not subject to obligatory state registration.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 22, 1999 No. 14

The instruction for registration of pledge of the personal estate which is not subject to obligatory state registration

Chapter 1. General provisions.

1. This Instruction about registration of pledge of the personal estate which is not subject to obligatory state registration (further - the Instruction) are developed according to article 5 of the Law of the Republic of Kazakhstan of June 30, 1998 No. 254 "About registration of pledge of personal estate (further - the Law) and according to the subitem 1) of article 10 of the Law "About the State Services" determine procedure for rendering the state service in registration of pledge of the personal estate which is not subject to obligatory state registration.

The instruction is subject to application in all territory of the Republic of Kazakhstan by The Government for Citizens State corporation to which according to the legislation registration of separate types of pledge of personal estate is assigned.

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

1) The Government for Citizens State corporation (further - the service provider) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", ensuring rendering the state services electronically;

2) uslugopoluchatel (authorized representative) - person submitting the application for pledge registration to the service provider; by agreement of the parties of bail bond can be the applicant both the pledger, and the pawnbroker;

3) the unified register of pledge of personal estate - the information system representing single window of access of information of pledge of personal estate, the direction of the statement electronically on the registration of pledge of personal estate and other actions of the service provider made according to the procedure, established by the Law and other legal acts of the Republic of Kazakhstan (further - information system of the service provider);

4) personal estate - the property which is not relating to the real estate including vehicles, goods in turnover, securities, money, property rights, including the right to future products and other property;

5) registration of pledge of personal estate - the accounting procedure the service provider of pledge of personal estate representing set of actions of participants of the relations arising in case of registration of pledge of personal estate on inclusion in the register of pledge of personal estate of the data containing in the pledge agreement or other agreement containing pledge conditions, the issue of the registration certificate of pledge of personal estate and other actions of the service provider made according to the procedure, established by the Law and other legal acts of the Republic of Kazakhstan;

6) the registration certificate of pledge of personal estate - the document issued by the service provider to the applicant and the confirmatory fact of registration of pledge of personal estate;

7) the register of pledge of personal estate (the register of pledge) - the system of accounting and storage of information performed by the service provider according to the procedure, established by the legislation of the Republic of Kazakhstan;

8) electronic registration of pledge - the registration of pledge of personal estate performed based on the statement electronically by means of the unified register of pledge of personal estate.

3. Actions of this Instruction do not extend to registration of pledge of the personal estate which is subject to obligatory state registration and also for registration of separate types of pledge of personal estate which registration is performed by other authorized bodies in compliance the Law.

Chapter 2. Order of registration of pledge of the personal estate which is not subject to obligatory state registration.

4. Registration of pledge of the personal estate which is not subject to obligatory state registration is performed:

1) upon the demand of one of agreement parties about pledge or other agreement containing conditions about pledge;

2) if the pledge agreement or other agreement, containing condition about pledge, forbid the subsequent pledge (repledge) of the property which is in pledge;

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