DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of October 28, 2014 No. 1451

About approval of the Regulations on requirements to standard (standard) form of the form of the mortgage

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", article 21 of the Law of Ukraine "About mortgage" the National commission on securities and the stock market SOLVED:

1. Approve Regulations on requirements to standard (standard) form of the form of the mortgage which are applied.

2. Declare invalid the decision of State commission on securities and the stock market of September 04, 2003 No. 363 "About requirements to standard (standard) form of the form of the mortgage", registered in the Ministry of Justice of Ukraine on September 26, 2003 for No. 857/8178 (with changes).

3. Use of forms of mortgages which obligatory details are seals to perform before their final use.

4. And corporate finances (A. Papaik) to provide to corporate management department submission of this decision on state registration in the Ministry of Justice of Ukraine.

5. This decision becomes effective from the date of its official publication.

6. And clerical works (A.Zaik) to provide to management of information technologies promulgation of this decision on the official website of the National commission on securities and the stock market.

7. (A. Zbarazhskaya) to provide to management of internal audit and communications publication of this decision in the official printing publication of the National commission on securities and the stock market.

8. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market A. Petrashko.

It is approved: Acting as Minister of Finance of Ukraine

V. Matviychuk

Vice-chairman National Bank of Ukraine

Ya. V. Smoly

Approved by the Decision of the National commission on securities and the stock market of October 28, 2014 No. 1451

Regulations on requirements to standard (standard) form of the form of the mortgage

I. General provisions

1. This Provision determines requirements to the form of the mortgage, its appearance, and also regulates use of paints and obligatory details and establishes mandatory requirements on protection of forms of mortgages against counterfeits.

2. Production of forms of mortgages shall be performed by subjects of managing which have the license of the Ministry of Finance of Ukraine for implementation of economic activity on production of forms of securities.

Legal entities and physical persons which intend to issue the mortgage use the forms of mortgages made at the companies having the license of the Ministry of Finance of Ukraine for implementation of economic activity on production of forms of securities.

3. Depending on mortgage subject (real estate, object of construction in progress) visual differences on the form of the mortgage are established.

4. For production of forms of mortgages the paper with two-color watermark weighing 100 g/sq.m containing at least 25% of cotton with protective fibers and chemical protection without own fluorescence is used.

5. For seal of forms of mortgages at least two types of seal, including technology of iridescent seal are used.

6. End-to-end numbering of forms of mortgages is carried out by method of relief printing.

7. The amount of paints which print forms of mortgages shall be from the face of at least four and at least two - from reverse side.

8. For production of forms of mortgages at least two paints with protective properties are used.

9. End-to-end numbering of forms of mortgages shall be executed by protective paint.

10. For forms of the mortgages provided with real estate (appendix 1), is applied paint of blue color, for forms of the mortgages provided with object of construction in progress (appendix 2), is applied paint of pink color.

11. Forms of mortgages are made by the A4 format (210 x 297 mm).

12. Forms shall have individual computer graphical design which was not used in case of development of other forms of securities.

13. From the face forms of mortgages shall have at least two background grids of different color and the guilloche frame executed by at least than two paints of different color.

14. From reverse side forms of mortgages shall have at least one background grid and one guilloche frame.

15. On both sides forms of mortgages shall have the open country at least 10 mm on form perimeter.

16. Details of forms are carried out by typographical method according to this Provision.

17. From reverse side of the form the order number and details of manufacturer shall be specified by typographical method.

18. Protection of forms against counterfeits and unauthorized replication is determined by the Ministry of Finance of Ukraine (Goznak) taking into account requirements of this provision.

19. Forms of mortgages pack 1000 pieces into packs.

20. On each pack paste the label containing the following details:

name of the form;

order number;

name of the customer;

order circulation;

the number of forms in pack;

name of manufacturer and its location;

date of production.

II. Details of the form of the mortgage

1. The form of the mortgage shall have the following details stated in state language:

1) word "Mortgage";

2) series and number of the mortgage;

3) details of ipotekodatel;

4) details of the first mortgage holder;

5) the debtor's details (if is other than ipotekodatel);

6) details of the agreement which causes primary obligation;

7) details of the mortgage agreement;

8) description of subject of mortgage;

9) method of the address of collection regarding mortgage;

10) date of approach of the right of the address regarding mortgage;

11) state registration of encumbrance of real estate by mortgage;

12) other terms of the contract which causes primary obligation and/or the mortgage agreement;

13) the signature of the debtor (if he is other than ipotekodatel);

14) details of manufacturer.

2. The arrangement of details on the face of the form of the mortgage is performed according to appendices 1 and 2 to this Provision.

3. The specified details shall contain, in particular, the following information:

1) the detail "Series and Number of the Mortgage" determines series and sequence number of the form of the mortgage and is put with the manufacturing company by printing method according to the procedure which chooses manufacturer. Numbering of forms is end-to-end;

The detail "Details of Ipotekodatel" shall contain 2):

for legal resident persons: name, location and EGRPOU code;

for legal nonresident persons: the name, the location and the state where person is registered;

for physical persons citizens of Ukraine: surname, name, middle name, the residence and registration number of accounting card of the taxpayer (except cases of lack of registration number of accounting card of the taxpayer at persons who on the religious or other beliefs refused adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring bodies);

for physical persons foreigners (persons without citizenship): surname, name, middle name (in the presence), data on the permanent residence outside Ukraine;

The detail "Details of the First Mortgage Holder" shall contain 3):

for legal resident persons: name, location and EGRPOU code;

for legal nonresident persons: the name, the location and the state where person is registered;

for physical persons citizens of Ukraine: surname, name, middle name, the residence and registration number of accounting card of the taxpayer (except cases of lack of registration number of accounting card of the taxpayer at persons who on the religious or other beliefs refused adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring bodies);

for physical persons foreigners (persons without citizenship): surname, name, middle name (in the presence), data on the permanent residence outside Ukraine;

The detail "The Debtor's Details (if Is Other than Ipotekodatel)" shall contain 4):

for legal resident persons: name, location and EGRPOU code;

for legal nonresident persons: the name, the location and the state where person is registered;

for physical persons citizens of Ukraine: surname, name, middle name, the residence and registration number of accounting card of the taxpayer (except cases of lack of registration number of accounting card of the taxpayer at persons who on the religious or other beliefs refused adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring bodies);

for physical persons foreigners (persons without citizenship): surname, name, middle name (in the presence), data on the permanent residence outside Ukraine;

5) the detail "Details of the Agreement Which Causes Primary Obligation" shall be filled in accordance with the terms of the agreement which causes primary obligation and to contain the following information:

agreement type which causes primary obligation (the loan agreement the credit, purchase and sale, leasing, etc.), its number and date of the conclusion, in case of the notarial certificate of the agreement - date of its certificate, register number, the name of office of notary public (surname, name, middle name of the private notary who certified the agreement);

amount of primary obligation;

percent on primary obligation (if the agreement which causes primary obligation, provides floating interest rate, the formula of calculation of such interest rate is specified);

term (date) of complete execution of primary obligation;

procedure for execution of primary obligation;

6) the detail "Details of the Mortgage Agreement" shall be filled in accordance with the terms of the mortgage agreement and contain: date of its certificate, register number, the name of office of notary public (surname, name, middle name of the private notary who certified the mortgage agreement);

The detail "Description of Subject of Mortgage" shall contain 7):

for forms of the mortgage provided with real estate:

name of the real estate unit;

location of real estate;

registration data: registration number of real estate, the name of the state register in which the property right to real estate is registered;

name and details of the title document for the real estate unit;

other information concerning real estate on the agreement between ipotekodatel and the mortgage holder;

for forms of the mortgage provided with object of construction in progress:

name of object of construction in progress;

location of object of construction in progress;

the name and details of the title document on the parcel of land;

other information concerning object of construction in progress on the agreement between ipotekodatel and the mortgage holder;

8) the detail "Method of the Address of Collection regarding Mortgage" shall contain the reference to the method of the address of collection regarding mortgage provided by the mortgage agreement;

9) the detail "Date of Approach of the Right of the Address regarding Mortgage" is filled in accordance with the terms of the agreement which causes primary obligation, and it is noted by figures;

The detail "The Encumbrances of Real Estate or Object of Construction in Progress by Mortgage This about State Registration" shall contain 10): sequence number of record, date and the place of state registration of encumbrance of real estate by mortgage (this detail is filled with the registrar);

11) the detail "Other Terms of the Contract Which Causes Primary Obligation and/or the Mortgage Agreement" may contain any other terms of the contract which causes primary obligation, and the mortgage agreement under the agreement between ipotekodatel and the mortgage holder;

12) the detail "Signature of Ipotekodatel" shall be placed in the right lower part of the face of the form of the mortgage and contain surname, initials, the signature of ipotekodatel;

13) the detail "The Signature of the Debtor (if He Is Other than Ipotekodatel)" shall be placed in the left lower part of the face of the form of the mortgage and contain surname, initials and the signature of the debtor who is other than ipotekodatel;

The detail "Details of the Manufacturing Company" shall contain 14):

the full or abbreviated name of the company which made forms of securities, its code;

order number;

date (year and quarter of release).

4. The reverse side of the form of the mortgage bears the field for making of endorsement - the endorsement according to appendices 1 and 2 to this Provision. The following endorsements are made according to the provided sample. The number of endorsements on one leaf is not limited.

In endorsement are specified:

surname, name, middle name and the residence of physical person or the name and the location of the legal entity to whom the mortgage is transferred;

conditions of transfer of the mortgage (in case of making of the separate agreement based on which the mortgage - the name of the agreement, its number and date of the conclusion is transferred. In case of the notarial certificate of the agreement - date of its certificate, register number, the name of office of notary public or surname, name, middle name of the private notary which certified the agreement);

debt condition for date of transfer of the mortgage (the size actually paid to the endorsee of debt on primary obligation and percent, the debt remaining balance size on primary obligation and on percent is specified);

other information about transfer of the mortgage;

date of transfer of the mortgage.

The endorsement is signed specified by the first in the mortgage mortgage holder and if this text not the first - the owner of the mortgage specified in the previous endorsement.

In case of insufficiency on the mortgage of the place for endorsements or other necessary marks the additional leaf on which texts are carried out so that they began on the mortgage is attached to the mortgage and came to an end on this leaf. In case of insufficiency of the place on leaf of text which begin on it are carried out so that they came to an end on the following sheet. All sheets of the mortgage constitute whole, they shall be numbered and under seal the notary. Single sheets of the mortgage have no legal force.

Appendix 1

to Regulations on requirements to standard (standard) form of the form of the mortgage (Item 2 of the Section I)

See Appendix 1 (11Kb In original language)

Appendix 2

to Regulations on requirements to standard (standard) form of the form of the mortgage (Item 2 of the Section I)

See Appendix 2 (11Kb In original language)

 

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