FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 25, 2017 No. 328-FZ

About introduction of amendments to the Federal law "About Mortgage (Pledge of the Real Estate)" and separate legal acts of the Russian Federation

Accepted by the State Duma on November 16, 2017

Approved by the Federation Council on November 22, 2017

Article 1

Bring in the Federal Law of July 16, 1998 No. 102-FZ "About mortgage (pledge of the real estate)" (The Russian Federation Code, 1998, No. 29, Art. 3400; 2001, No. 46, Art. 4308; 2002, No. 7, Art. 629; 2004, No. 6, Art. 406; No. 27, Art. 2711; No. 45, Art. 4377; 2005, No. 1, Art. 40, 42; 2006, No. 50, Art. 5279; No. 52, Art. 5498; 2007, No. 50, Art. 6237; 2008, No. 52, Art. 6219; 2009, No. 1, Art. 14; No. 29, Art. 3603; 2010, No. 25, Art. 3070; 2011, No. 27, Art. 3880; No. 50, Art. 7347; 2013, No. 19, Art. 2328; No. 51, Art. 6683; 2014, No. 26, Art. 3375; 2015, No. 14, Art. 2022; No. 41, Art. 5640; 2016, No. 27, Art. 4248, 4294; 2017, No. 27, Art. 3938; No. 31, Art. 4766) following changes:

Item 2 of Article 1 to add 1) with the paragraph of the following content:

"In case of mortgage by law the pledger and the pawnbroker have the right to sign the agreement governing their relations in the form provided for the agreement on mortgage.";

2) in Article 4 of the word "expenses on" shall be replaced with words "for the pledger expenses on insurance of this property,";

To exclude 3) in the subitem 5 of Item 1 of Article 5 of the word "and space objects";

4) in Article 6:

a) state Item 1 in the following edition:

"1. The mortgage can be established on the property specified in article 5 of this Federal Law which belongs to the pledger on the property right, and in cases and according to the procedure which are provided by the Civil code of the Russian Federation and other Federal Laws, - on the right of economic maintaining or operational management.";

b) in Item 3:

the paragraph one to add with words ", except for mortgages by law";

to add paragraph two after words of "economic maintaining" with the words "or operational management";

5) in Article 9:

a) in the paragraph the second Item 1.1 "separate" to exclude the word;

b) to add Item 2 paragraph two after the word "name" with the word of "body";

c) in item 4 the second offer to exclude;

6) in item 4 of Article 10:

a) add with the new paragraph the second the following content:

"By the agreement on mortgage or the agreement under which obligation is provided with mortgage by law issue of mortgage, mortgage after state registration, in case of submission of the mortgage to body of registration of the rights at any time before the termination of the obligation provided with mortgage can be provided. The procedure for issue of the mortgage in the form of bank entry security is stipulated in Clause 13.2 presents of the Federal Law.";

b) consider paragraph two the paragraph third;

Article 13 to state 7) in the following edition:

"Article 13. Basic provisions about the mortgage

1. The rights of the pawnbroker according to the obligation provided with mortgage and under the agreement on mortgage can be certified by the mortgage as other is not established by this Federal Law.

By the mortgage the rights of the pawnbroker on mortgage by law and according to the obligation provided with this mortgage can be certified if other is not established by this Federal Law.

The provisions provided for the mortgage in case of mortgage owing to the agreement are applied to the mortgage certifying the rights of the pawnbroker on mortgage by law and according to the obligation provided with this mortgage if other is not established by this Federal Law.

2. The mortgage is the security certifying the following rights of her legal owner:

1) the right to execution according to the monetary commitments provided with mortgage without submission of other proofs of existence of these obligations;

2) the pledge right to the property encumbered with mortgage.

3. The mortgage is the personalized documentary security (further - the documentary mortgage) or bank entry security on which rights are affirmed in electronic form, signed by the strengthened qualified digital signature which is kept in depositary, according to article 13.2 of this Federal Law (further - the electronic mortgage).

According to the mortgage the legal owner of the mortgage and other persons who according to the Federal Laws or their personal law on its own behalf perform the rights on securities (further also - the other person performing the rights according to the documentary mortgage or the electronic mortgage) can perform the rights.

4. Persons obliged according to the mortgage are the debtor according to the obligation provided with mortgage and the pledger.

5. Creation and issue of the mortgage are not allowed if:

1) subject of mortgage is the company as property complex or the right of its lease;

2) the mortgage provides monetary commitment by amount of debt at the time of which conclusion of the agreement is not determined and which does not contain the conditions allowing to determine this amount of the proper moment.

6. In cases, stipulated in Item 5th this article, condition about the mortgage in the agreement on mortgage are insignificant.

7. The mortgage is constituted by the pledger and if he is the third party as well the debtor according to the obligation provided with mortgage.

The mortgage is issued to the initial pawnbroker by body of registration of the rights after state registration of mortgage. The mortgage can be constituted and issued to the pawnbroker at any time before the termination of the obligation provided with mortgage. If the mortgage is constituted after state registration of mortgage, in body of registration of the rights the joint statement of the pawnbroker and pledger, and also the mortgage which is issued to the pawnbroker within one day from the moment of the appeal of the applicant to body of registration of the rights or within one day from the moment of receipt of such documents by body of registration of the rights from the multipurpose center is submitted.

Assignment of rights according to the mortgage and pledge of the mortgage are performed according to the procedure, established by articles 48 and 49 of this Federal Law.

8. The debtor according to the obligation provided with mortgage, the pledger and the legal owner of the mortgage under the agreement can change earlier established mortgage conditions.

9. According to the order of the owner of the documentary mortgage immobilized according to the procedure, the stipulated in Article 13.1 presents of the Federal Law (further - the immobilized documentary mortgage), or the electronic mortgage or the other person performing the rights according to the immobilized documentary mortgage or the electronic mortgage, the depositary shall make on custody accounts of specified persons the special record granting to the pawnbroker of the specified securities the right to sell the specified securities after certain term for the purpose of satisfaction of the requirements provided with pledge (further - special mortgage endorsement).

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