It is registered
Ministry of Justice
Russian Federation
On March 24, 2017 No. 46132
of December 26, 2016 No. 570-P
About procedure for carrying out by the Central bank of the Russian Federation for examination of subject of the pledge accepted by credit institution as providing according to the loan
This Provision based on article 72 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; \Art. U-2116\53, 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, the Art. 4225, the Art. 4273, the Art. 4295) and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of December 16, 2016 No. 33) establish procedure for carrying out by the Bank of Russia of examination of subject of the pledge accepted by credit institution as providing according to the loan including establishment of the actual availability of subject of pledge and its survey, establishment of legal status of subject of pledge, and also the judgment of pledge subject cost which is taken out based on federal standards of assessment, the stipulated in Article 20 Federal Laws of July 29, 1998 No. 135-FZ "About estimative activities in the Russian Federation" (The Russian Federation Code, 1998, No. 31, of Art. 3813; 2002, No. 4, Art. 251; No. 12, Art. 1093; No. 46, Art. 4537; 2003, No. 2, Art. 167; No. 9, Art. 805; 2004, No. 35, Art. 3607; 2006, No. 31, Art. 3456; 2007, No. 7, Art. 834; No. 29, Art. 3482; No. 31, Art. 4016; 2008, No. 27, Art. 3126; 2009, No. 19, Art. 2281; No. 29, Art. 3582; No. 52, Art. 6419, Art. 6450; 2010, No. 30, Art. 3998; 2011, No. 1, Art. 43; No. 27, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728; No. 49, Art. 7024, Art. 7061; 2013, No. 23, Art. 2871; No. 27, Art. 3477; No. 30, Art. 4082; 2014, No. 11, Art. 1098; No. 23, Art. 2928; No. 26, Art. 3377; No. 30, Art. 4226; 2015, No. 1, Art. 52; No. 10, Art. 1418; No. 24, Art. 3372; No. 29, Art. 4342, Art. 4350; 2016, No. 1, Art. 11; No. 18, Art. 2487; No. 23, Art. 3296; No. 26, Art. 3890; No. 27, the Art. 4293) (further - examination of subject of pledge).
1.1. Information necessary for conducting examination of subject of pledge (further - information), can be received by the Bank of Russia:
when implementing of the functions provided by the Federal Laws by it;
at the request of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation and local government bodies, and also from their official sites on the Internet (further - Internet network);
at the request of credit institutions according to Item 1.2 of this provision;
from open sources of information.
1.2. For the purpose of receipt of information the Bank of Russia sends credit institution inquiry for its representation.
The credit institution shall in time, not exceeding 10 working days after day of receipt of request, to provide required information.
1.3. The copies of paper documents represented by credit institution to the Bank of Russia according to Item 1.2 of this provision shall be stitched, numbered, certified by authorized signatures of credit institution (its branch) and are certified by seal of credit institution (its branch) (in the presence).
The electronic copies of documents represented by credit institution to the Bank of Russia according to Item 1.2 of this provision on alienable (removable) machine data carriers of single record (further - the carrier) shall be placed in the sealed envelope on which the carrier type, the number of documents, names of the documents which are stored on the carrier or details of the inventory of the submitted documents corresponding to the carrier are specified.
1.4. Availability of data, components the bank, commercial, office and (or) protected by the law other secret, personal data in information cannot form the basis for refusal in its representation to the Bank of Russia.
Employees of the Bank of Russia bear responsibility in accordance with the legislation of the Russian Federation for disclosure by them of the data received during conducting examination of subject of pledge and components the bank, commercial, office or protected by the law other secret and also personal data.
The data containing the state secret are requested and represented to the Bank of Russia according to the procedure, established by the legislation of the Russian Federation.
1.5. In cases if pledger is the foreign organization and (or) the subject of pledge is and (or) is registered outside the territory of the Russian Federation, documents concerning the pledger and (or) subject of pledge are represented by credit institution taking into account requirements of the right of foreign state which resident is the pledger or in the territory of which is and (or) the pledge subject is registered.
The documents received from credit institution and constituted in foreign language (their copy) are represented by credit institution with maintenance of transfer of the specified documents into Russian, No. 153-I constituted according to the procedure, similar stipulated in Item 1.13 Instructions of the Bank of Russia of May 30, 2014 "About opening and closing of bank accounts, accounts on deposits (deposits), deposit accounts", registered by the Ministry of Justice of the Russian Federation on June 19, 2014 No. 32813 ("the Bulletin of the Bank of Russia" of June 26, 2014 No. 60).
1.6. By results of examination of subject of pledge by the Bank of Russia the mortgage conclusion according to appendix 1 to this Provision is constituted (further - the mortgage conclusion).
If subject of pledge are several things (except for components of indivisible thing), the mortgage conclusion if necessary contains the data provided by appendix 1 to this Provision concerning each component subject of pledge of thing.
2.1. Establishment of the actual availability of subject of pledge by the Bank of Russia is performed as follows.
2.1.1. If subject of pledge are:
the building, construction, the room, object of construction in progress, the parcel of land - by means of data analysis of the public cadastral map posted on the official site of Federal Registration Service in Internet network and also data obtained from other open sources of information;
property rights (requirements) of real estate - by means of the analysis of the documents certifying the pledged right.
2.1.2. If subject of pledge are the air and ocean ships which are subject to state registration, inland navigation vessels, vessels mixed (the river - the sea) swimmings - by means of information analysis, including received with use of means photo and (or) video fixings, and also the data obtained from open sources of information.
2.1.3. If subject of pledge are:
the securities of the Russian and foreign issuers, investment shares of mutual investment funds allowed to the address by the organizer of trade in the security market of the Russian Federation or foreign states, - by means of information analysis, the revealed (provided) organizer trade in open sources of information;
state and municipal securities - by means of information analysis about results of the issue of securities posted on the official sites of executive bodies of the government, local administrations in Internet network;
issued securities, except for the securities specified in paragraphs second and third this subitem, - by means of information analysis, containing in the register of issued securities which maintaining is performed by the Bank of Russia according to the Provision of the Bank of Russia of September 11, 2014 No. 430-P "About procedure for maintaining the register of issued securities", the registered Ministry of Justice of the Russian Federation on November 12, 2014 No. 34671 ("the Bulletin of the Bank of Russia" of December 3, 2014 No. 109), and also the analysis of copies of the securities specified in this paragraph (if the specified securities are documentary);
hypothecation certificates of participation - by means of receipt of the statement from the register of owners of hypothecation certificates of participation;
bank entry securities, except for the bank entry securities specified in paragraphs the second - the fifth this subitem, - by means of receipt of the statement on personal account (custody account) of the owner of bank entry securities opened by the holder of the register or depositary;
bills of exchange of the organizations - by means of receipt of copies of bills of exchange, and also copies of the documents confirming their obtaining (acquisition) by the bill holder (the owner of the bill of exchange);
documentary securities, except for bills of exchange of the organizations, - by means of receipt of copies of the securities specified in this paragraph.
The Bank of Russia also carries out factual determination of state registration of issuers of securities, the specified in paragraph four of this subitem, and the organizations drawers specified in paragraph seven of this subitem by means of the analysis of extracts from the Unified State Register of Legal Entities or documents on state registration of the organizations issued by competent authorities of the foreign states which are drawn up according to Item 1.5 of this provision.
2.1.4. If subject of pledge are goods in turnover - by means of the analysis of copies of purchase and sale agreements, delivery, storage, transportation, transport expedition, primary accounting documentation on accounting of products, inventory items in storage locations, commodity-transport delivery notes, and also data obtained from open sources of information.
2.1.5. If subject of pledge is the personal estate which is not specified in subitems 2.1.3 and 2.1.4 of this Item, including the machine and the equipment, vehicles, - by means of information analysis, including received with use of means photo and (or) the video fixing, and also data obtained from open sources of information.
2.2. In case of establishment of the actual availability of subject of pledge the Bank of Russia determines quantity and quality characteristics of subject of pledge of information analysis results, stipulated in Item 2.1 this provision, and also the following information.
2.2.1. The copy of the agreement of pledge, the copy of supplementary agreements to the agreement of pledge (in the presence).
2.2.2. If subject of pledge is the building, construction, the room, object of construction in progress, the parcel of land - the statement from the Single state real estate register.
2.2.3. If subject of pledge are:
the aircraft - the copy of the certificate of the flight validity (the certificate of the validity to flights);
the ocean ship, the inland navigation vessel, the vessel mixed (the river - the sea) swimmings - copies of the certificate on the validity of the vessel to swimming (in the presence), the ship ticket;
the vehicle - passport copies of the vehicle, the diagnostic card (except for vehicles concerning which carrying out technical inspection is not required);
machines and the equipment - passport copies of the self-propelled machine, technical data sheet of the equipment, the technical inspection report (in the presence), the documents confirming pledge subject compliance to mandatory requirements of technical regulations, state standards (GOST) and other regulating documents depending on type of property to which the pledge subject if availability of the specified documents is stipulated by the legislation the Russian Federation belongs.
2.3. The approximate list of quantity and quality characteristics of subject of pledge is established in appendix 2 to this Provision depending on type of property to which the pledge subject belongs.
2.4. When conducting examination of subject of pledge by the Bank of Russia inspection of subject of pledge according to the procedure and the cases established by the Instruction of the Bank of Russia of December 20, 2016 No. 176-I "About procedure and cases of carrying out by authorized representatives (employees) of the Bank of Russia of survey of subject of the pledge accepted by credit institution as providing according to the loan, and (or) acquaintance with activities of the borrower of credit institution and (or) the pledger", registered by the Ministry of Justice of the Russian Federation on February 13, 2017 No. 45615 ("the Bulletin of the Bank of Russia" of February 22, 2017 No. 22) is performed (further - the Instruction of the Bank of Russia No. 176-I).
2.5. The actual availability of subject of pledge in case of carrying out its survey is not considered the established Bank of Russia for the purposes of this provision if the credit institution did not provide assistance to authorized representatives (employees) of the Bank of Russia in carrying out survey of subject of pledge, including easy access to group of survey on the territory, to buildings and other premises of credit institution and (or) the borrower (pledger) in which inspection of subject of pledge, according to the Instruction of the Bank of Russia No. 176-I shall be performed.
The actual availability of subject of pledge in case of carrying out its survey is considered the established Bank of Russia for the purposes of this provision if the following conditions are at the same time complied:
results of survey of subject of pledge confirm the actual availability of subject of pledge,
quantity and quality characteristics of subject of pledge are determined according to Item 2.2 of this provision taking into account results of inspection of subject of the pledge performed according to the Instruction of the Bank of Russia No. 176-I
the agreement of pledge (in the presence), other information specified in this Chapter and (or) received as a result of survey of subject of pledge contains identical data on the identifying pledge subject signs (cadastral number of real estate object, vehicle identification number or the equipment, accession number of the equipment, the state registration number (identification number) of issue of securities and other identifying signs).
2.6. The actual availability of subject of pledge without carrying out its survey is considered the established Bank of Russia for the purposes of this provision if the following conditions are at the same time complied:
the Bank of Russia has information confirming the actual availability of subject of pledge
the agreement of pledge (in the presence), other information specified in this Chapter contains identical data on the identifying pledge subject signs (cadastral number of real estate object, vehicle identification number or the equipment, accession number of the equipment, the state registration number (identification number) of issue of securities and other identifying signs).
3.1. Establishment of legal status of subject of pledge by the Bank of Russia is performed by means of:
determinations of the rights of credit institution regarding pledge;
determinations of legal obstacles for realization of subject of pledge;
determinations of turnover ability of subject of pledge.
3.2. Determination of the rights of credit institution by the Bank of Russia regarding pledge is performed by means of:
establishments of the right of the pledger to pledge subject of pledge of credit institution;
determinations of need of receipt of consent or permission of other person or authorized body on transfer by the pledger of subject of pledge as a deposit in the cases provided by the Federal Laws or the agreement and confirmations of observance by the parties of the mortgage relations of the specified requirement (in the presence);
establishments of the basis of emergence of pledge;
determinations of the moment of emergence of pledge;
the analysis of form and terms of the contract of pledge, and also requirements imposed to it;
determinations of need of state registration or accounting of pledge and factual determination of observance by the parties of the mortgage relations of requirements of the legislation of the Russian Federation to state registration or accounting of pledge.
3.2.1. Establishment of the right of the pledger by the Bank of Russia to pledge subject of pledge of credit institution is performed based on documents of title and other information on pledge subject.
3.2.2. Determination of need of receipt of consent by the Bank of Russia or permissions of other person or authorized body to transfer by the pledger of subject of pledge to pledge and confirmation of observance by the parties of the mortgage relations of the specified requirement (in the presence) is performed based on information analysis about pledge subject, about the pledger and requirements of the legislation of the Russian Federation.
3.2.3. Establishment of the basis of emergence of pledge by the Bank of Russia is performed by means of confirmation of the fact:
conclusions of the agreement of pledge
or approaches of the circumstance specified in the law.
3.2.4. Determination of the moment of emergence of pledge by the Bank of Russia is performed by means of the analysis of the agreement of pledge or requirements of the legislation of the Russian Federation providing emergence of pledge.
3.2.5. In analysis result of form and terms of the contract of pledge, and also requirements imposed to it the Bank of Russia establishes data:
about form of the agreement of pledge (except as specified emergence of pledge by law) and about observance of the mortgage relations of requirements of the legislation of the Russian Federation by the parties to form of the agreement of pledge (in the presence), including to the notarial certificate of the agreement of pledge in the cases established by the Federal Laws;
about availability (absence) in the agreement of pledge of conditions, stipulated by the legislation the Russian Federation, and also condition about the duration of the agreement of pledge.
3.2.6. Establishment by the Bank of Russia of the fact of observance by the parties of the mortgage relations of requirements of the legislation of the Russian Federation to state registration or accounting of pledge is performed by comparison of the available information on pledge subject to requirements of the legislation of the Russian Federation based on the following information depending on property type:
buildings, constructions, rooms, objects of construction in progress, the parcels of land, the rights (requirement) of real estate - statements from the Single state real estate register;
the aircrafts which are subject to state registration - statements from the Unified State Register of Rights on aircrafts and transactions with them;
the ocean ships which are subject to state registration, inland navigation vessels, vessels mixed (the river - the sea) swimmings - statements from the corresponding register of courts of the Russian Federation;
bank entry securities - statements on personal account (custody account) of the owner of bank entry securities opened by the holder of the register or depositary;
documentary securities - copies of the securities specified in this paragraph;
other personal estate - statements from the register of notifications on pledge of personal estate which is kept according to the procedure the established legislation of the Russian Federation on notariate (if pledge is considered by registration by the notary).
3.3. Determination of legal obstacles by the Bank of Russia for realization of subject of pledge is performed based on information analysis about pledge subject by means of:
establishments of prior and subsequent pledges concerning subject of pledge, pawnbrokers, and also seniority of the rights of pawnbrokers;
establishments whether the pledge subject is indivisible (dividend);
establishments of availability of legal proceedings which participant is the pledger or the organization whose shares, shares are pledged, including availability of the receivership proceeding connected with pledge subject;
factual determinations of application concerning the pledger or the organization whose shares, shares are pledged, the procedures provided by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; №19, of Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, Art. 7024, Art. 7040, Art. 7061, Art. 7068; No. 50, Art. 7351, Art. 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, Art. 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, Art. 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, Art. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, Art. 11, Art. 29, Art. 35; No. 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4350, Art. 4355, Art. 4362; 2016, No. 1, Art. 11, Art. 27, Art. 29; No. 23, Art. 3296; No. 26, Art. 3891; No. 27, the Art. 4225, the Art. 4237, the Art. 4293) (further - the Federal Law "About Insolvency (Bankruptcy)").
3.3.1. Establishment of prior and subsequent pledges by the Bank of Russia concerning subject of pledge, sozalogoderzhatel, and also seniority of the rights of pawnbrokers is performed on the basis:
agreements between pawnbrokers or between the pawnbroker (pawnbrokers) and pledger (in the presence);
data on the prior and subsequent pledges of property provided to credit institution by the pledger (in the presence);
agreements of pledge (prior and subsequent) (in the presence);
other information on pledge subject.
3.3.2. Establishment whether the pledge subject is indivisible (dividend), is performed by the Bank of Russia by means of information analysis about pledge subject.
3.3.3. Establishment of availability of legal proceedings by the Bank of Russia which participant is the pledger or the organization whose shares, shares are pledged including availability of the receivership proceeding connected with pledge subject is performed based on information posted on the official sites of courts of the Russian Federation, reference tribunals, international commercial arbitrations in Internet network.
3.3.4. Establishment of the application fact by the Bank of Russia concerning the pledger or the organization whose shares, shares are pledged, the procedures provided by the Federal Law "About Insolvency (Bankruptcy)" is performed based on information containing in the Unified Federal Register of Bankruptcy Information.
3.4. Determination of turnover ability of subject of pledge by the Bank of Russia is performed by means of factual determination of reference of subject of pledge to the objects of the civil laws which are not limited in turnover or limited in turnover, including transactions with which are allowed on special permission or which can belong only to certain participants of turnover or cannot be alienated or to pass in other ways from one person to another.
3.5. Establishment of legal status of subject of pledge is not carried out by the Bank of Russia and data on it are reflected in the mortgage conclusion according to appendix 1 to this Provision if:
The Bank of Russia does not establish the actual availability of subject of pledge or the Bank of Russia has no information, necessary for establishment of legal status of subject of pledge (including if it is not provided by credit institution to the Bank of Russia according to Item 1.2 of this provision).
4.1. Within examination of subject of pledge the Bank of Russia taking into account requirements and recommendations of federal standards of assessment, the stipulated in Article 20 Federal Laws of July 29, 1998 No. 135-FZ "About estimative activities in the Russian Federation", applies approaches to pledge subject assessment (comparative, costly, profitable) and takes out judgment of its market value.
4.2. The choice of approaches to assessment of subject of pledge is determined by the Bank of Russia.
In case of removal of judgment of pledge subject cost the Bank of Russia is guided by the following approaches to pledge subject assessment depending on property type:
real estate - comparative and (or) profitable approaches;
securities - profitable, and (or) costly, and (or) comparative approaches;
other personal estate - comparative and (or) costly approaches.
Taking into account possibility of application of each of approaches to assessment, specifics of the estimated property, assumptions, completeness and reliability of initial information the Bank of Russia applies all approaches to pledge subject assessment according to federal standards of assessment, the stipulated in Article 20 Federal Laws of July 29, 1998 No. 135-FZ "About estimative activities in the Russian Federation".
The Bank of Russia submits judgment of real estate value, the pledge which is subject, based on the analysis of its most effective use, including legally valid for date of judgment of real estate value of the project documentation, allowing and other documents (the construction license, permission to commissioning of the facility, specifications for connection (accession) of the under construction (reconstructed) real estate objects).
4.3. The mortgage conclusion shall contain reasons for the choice of the applied approaches to pledge subject assessment.
4.4. The Bank of Russia within the applied approaches to assessment of subject of pledge performs market research of subject of pledge.
Market research of subject of pledge (dynamics of the market, demand, the offer, sales volume, market capacity, price fluctuations in the market, macroeconomic and industry tendencies) is performed by the Bank of Russia on the basis:
the summary statistical, analytical and other information posted by the Bank of Russia on the official site of the Bank of Russia in Internet network;
information published by public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies, state-owned companies, other organizations (forecasts of social and economic development of the Russian Federation, regions of the Russian Federation, forecasts of development of industries of economy to which the pledge subject, and other information belongs);
information opened (represented) organizers trade.
4.5. In case of creation of forecasts on the basis of several scenarios or analytical data the Bank of Russia abstains from use of the most optimistical forecasts leading to value maximization of subject of pledge.
4.6. Judgment of the cost of subject of pledge shall contain data on liquidity of subject of pledge (the term of realization of subject of pledge does not exceed 270 calendar days or exceeds 270 calendar days).
4.7. If liquidity of subject of pledge (term of realization of subject of pledge) does not exceed 270 calendar days, the market value of subject of pledge determined by the Bank of Russia within examination of subject of pledge is recognized in fair value for the purposes of assessment of sufficiency of the reserves created under risks.
4.8. Judgment of the cost of subject of pledge is not taken out if:
establishment of legal status of subject of pledge is not performed by the Bank of Russia,
or the fact of reference of subject of pledge to objects of the civil laws which cannot be alienated or to pass in other ways from one person to another, is established by the Bank of Russia,
or availability of the rights of credit institution regarding pledge is not determined by the Bank of Russia.
4.9. If judgment of the cost of subject of pledge is not taken out by the Bank of Russia, data on it join in the mortgage conclusion.
5.1. This Provision becomes effective after 10 days after day of its official publication.
Chairman of the Central bank of the Russian Federation
E. S. Nabiullina
Appendix 1
to the Provision of the Central bank of the Russian Federation of December 26, 2016 No. 570-P "About procedure for carrying out by the Bank of Russia of examination of subject of the pledge accepted by credit institution as providing according to the loan"
(recommended sample)
____________________________
(date of judgment of cost)
____________________________
(date of the mortgage conclusion)
1.1. Credit institution - the pawnbroker <1>.
1.2. Borrower <2>.
1.3. Pledger <2>.
2.1. Description of subject of pledge.
2.2. Quantity and quality characteristics of subject of pledge.
2.3. Data on results of survey of subject of pledge (in case of carrying out).
2.4. Data on establishment of the actual availability of pledge subject by the Bank of Russia (it is established it (is not established).
2.5. Basis of not establishment of the actual availability of pledge subject by the Bank of Russia (in the presence).
3.1. The rights of credit institution regarding pledge.
3.1.1. The right of the pledger to pledge subject of pledge of credit institution.
3.1.2. Consent or permission of other person or authorized body to transfer by the pledger of subject of pledge as a deposit in the cases provided by the Federal Laws or the agreement and observance by the parties of the mortgage relations of the specified requirement (in the presence).
3.1.3. Basis of emergence of pledge.
3.1.4. Moment of emergence of pledge.
3.1.5. Form and terms of the contract of pledge, including duration of the agreement of pledge.
3.1.6. State registration or accounting of pledge and observance of the mortgage relations of requirements of the legislation of the Russian Federation by the parties to state registration or accounting of pledge.
3.1.7. Data on availability (absence) of the rights of credit institution regarding pledge.
3.2. Legal obstacles for realization of subject of pledge.
3.2.1. Prior and subsequent pledges concerning pledge subject, sozalogoderzhatel, seniority of the rights of pawnbrokers.
3.2.2. Indivisibility of subject of pledge (indivisible (divisible).
3.2.3. Legal proceedings which participant is the pledger or the organization whose shares, shares are pledged.
3.2.4. Application concerning the pledger or the organization whose shares, shares are pledged, procedures, stipulated by the legislation about bankruptcy.
3.3. Turnover ability of subject of pledge (it is limited it (is unrestricted).
3.4. Data on establishment of legal status of pledge subject by the Bank of Russia.
3.5. Data on not carrying out establishment of legal status of pledge subject by the Bank of Russia (in the presence).
4.1. Comparative approach (it was applied it (was not applied).
4.2. Income approach (it was applied it (was not applied).
4.3. Cost approach (it was applied it (was not applied).
4.4. Reasons for application of approaches.
4.5. Market value of subject of pledge.
4.6. Data on liquidity of subject of pledge.
4.7. Fair value of subject of pledge.
4.8. Basis of not removal by the Bank of Russia of judgment of pledge subject cost (in the presence).
Head (deputy manager)
Services of risk analysis of the Bank of Russia ________________________________
(signature and its disaggregation)
--------------------------------
<1> The full trade name of credit institution, the primary state registration number of credit institution, the registration number of credit institution assigned by the Bank of Russia and containing in the Book of state registration of credit institutions of the Bank of Russia are specified (the name of credit institution is specified in the Nominative case).
<2> The full trade name of the legal entity (full name of the legal entity), the primary state registration number of the legal entity are specified (the name of the legal entity is specified in the Nominative case); surname, name, middle name (in the presence) physical person, identification taxpayer number - physical person (in the presence); surname, name and middle name (in the presence) physical person - the individual entrepreneur, the primary state registration number of the individual entrepreneur.
to the Provision of the Central bank of the Russian Federation of December 26, 2016 No. 570-P "About procedure for carrying out by the Central bank of the Russian Federation for examination of subject of the pledge accepted by credit institution as providing according to the loan"
Approximate list of quantity and quality characteristics of subject of pledge
1. Buildings, constructions, rooms, objects of construction in progress:
name;
cadastral number;
address;
area;
degree of readiness of object of construction in progress as a percentage;
appointment or projectible appointment (for object of construction in progress);
data on availability (absence) of communications (electricity, gas supply, water supply, sewerage);
the number of floors, including underground floors (for the building, construction);
number of the floor on which the room is located;
premises type;
material of outside walls and overlappings (for the building);
year of commissioning (for the building, construction);
year of completion of construction (for the building, construction);
class of storage facility.
2. Parcels of land:
cadastral number;
category of lands;
types of the permitted use;
area;
data that the parcel of land is fully or partially located in zone borders with special conditions of use of the territory or territory of object of cultural heritage, the special economic zone, the territory of the advancing social and economic development, zone of territorial development in the Russian Federation, gambling zone, especially protected natural territory, hunting grounds, forest areas, forest parks;
data on arrangement of the parcel of land in borders of the territory concerning which the boundary-setting plan is approved.
3. Rights (requirement) of real estate:
the pledged right;
quantity and quality characteristics of real estate, the rights (requirement) to which are pledged.
4. Aircrafts:
serial (factory) number of the aircraft;
aircraft category;
type (name) of the aircraft;
purpose of the aircraft;
number of glider of the aircraft;
state registration sign of the aircraft;
numbers of engines of the aircraft;
numbers of auxiliary power plants of the aircraft;
date of production of the aircraft;
date of production of engines of the aircraft;
name of the manufacturer of the aircraft;
name of the manufacturer of engines of the aircraft;
maximum take-off mass of the aircraft;
address of the place of basing of the aircraft.
5. Ocean ships, inland navigation vessels, vessels mixed (the river - the sea) swimmings:
name of the vessel;
port (place) of state registration of the vessel;
type of vessel;
purpose of the vessel;
vessel class;
vessel passenger capacity;
dead weight capacity of the vessel;
date of production of the vessel.
6. Machines and equipment:
name of the equipment;
brand;
model;
vehicle identification number (VIN), identification number of the equipment;
number of body of the vehicle;
category of the vehicle;
year of release.
7. Securities.
7.1. Issued securities (except state and municipal securities):
type (category);
type (for preferred shares);
series;
state registration number of release (additional release) and date of its state registration (identification number of release (additional release) and date of its assignment);
international code (number) of identification of securities (ISIN) (in the presence);
full name of the issuer;
release form (additional release) of securities;
whether securities are nominal or to bearer;
information on the admission of securities to the organized biddings;
the organizer of trade by whom securities are admitted to trading;
quotation of one security on date of removal of judgment of cost;
nominal value of one security (in currency in which obligations of the issuer are expressed);
the number of the securities pledged;
the number of the ordinary and preferred shares constituting the authorized capital of joint-stock company for date of removal of judgment of cost;
possibility of converting (with indication of in what securities converting is provided if the possibility of converting is provided);
repayment period (for bonds and options of the issuer);
availability at the issuer of repurchase right of securities to the term of their repayment (for bonds);
providing (for bonds).
7.2. State and municipal securities:
type;
series, category, number of issue of securities;
number of tranche;
date of issue (date of placement) of securities;
state registration number of issue of securities;
repayment date of securities;
name of the issuer;
release form (additional release) of securities;
whether securities are nominal or to bearer;
nominal value of one security (in currency in which obligations of the issuer are expressed);
the number of the securities pledged;
urgency (short-term, long-term, medium-term);
availability at the issuer of repurchase right of securities to the term of their repayment.
7.3. Investment shares of mutual investment funds:
name of mutual investment fund;
type and category of mutual investment fund;
number and date of entering of record by the Bank of Russia into the register of mutual investment funds;
full name of managing company;
quantity of the investment shares of mutual investment fund pledged;
quantity of the issued investment shares of mutual investment fund;
information on the admission of investment shares of mutual investment fund to the organized biddings;
the name of the exchange at which to organized trading investment shares are admitted;
purchase price (sales) of investment share of mutual investment fund at the organized biddings for date of removal of judgment of cost;
duration of the agreement of trust management of mutual investment fund.
7.4. Bills of exchange of the organizations:
whether the bill of exchange is simple or translated;
full name of the drawer;
full name of the bill holder;
full name of the payer (bill of exchange);
date of creation of the bill of exchange;
series and number of the bill of exchange;
type of the bill of exchange;
nominal value of the bill of exchange (in currency in which the bill of exchange is written out);
the purchase value of the bill of exchange in case of acquisition by the last bill holder;
interest rate (for the interest-bearing note);
payment due date of the bill of exchange.
7.5. Hypothecation certificates of participation:
full name of the managing director of mortgage covering;
the property constituting mortgage covering (the name and the description);
size of mortgage covering;
the name of the exchange at which to organized trading hypothecation certificates of participation are admitted.
7.6. Mortgages:
full name (surname, name, middle name (in the presence) owner of the mortgage;
full name (surname, name, middle name (in the presence) pledger;
full name (surname, name, middle name (in the presence) the debtor according to the obligation provided with mortgage if the debtor is not pledger;
the name of the credit agreement or other monetary commitment which execution is provided with mortgage, with indication of date of the conclusion of such agreement or the basis of emergence of the obligation provided with mortgage;
the obligation amount provided with mortgage and the size of percent if they are subject to payment according to this obligation, or the conditions allowing to determine this amount and percent at the proper moment;
obligation amount payment due date, secure mortgage and if this amount is subject to payment in parts - terms (frequency) of the corresponding payments and the size of each of them or the conditions allowing to determine these terms and the amount of payments (payment plan);
mortgage subject (name and description sufficient for identification);
the right owing to which the property which is mortgage subject belongs to the pledger;
specifying on the fact that the property which is mortgage subject is encumbered with the right of lifelong use, lease, the servitude, other right or is not encumbered any of the third party rights to the moment of state registration of mortgage which are subject to state registration;
date of issue to the mortgage pawnbroker and date of issue of the mortgage to its owner if cancellation of the mortgage and creation of the new mortgage with indication of date of cancellation of the previous mortgage were performed.
8. Goods in turnover:
natural form;
sort;
patrimonial signs;
quantity;
name (in the presence);
organization manufacturer (in the presence).
9. Other personal estate:
name (in the presence);
brand (in the presence);
model (in the presence);
organization manufacturer (in the presence).
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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