Register of movable property pledges. Registry of registration of notices on pledge of movable property

The register of movable collateral now significantly facilitates the process of concluding any admissible transactions in which these objects can serve as collateral. Considering the fact that this database is unified, any notary or person having access to the database can instantly check the current status of the proposed private property, which largely excludes the possibility of fraud and improves the stability of the economic credit system and the conclusion of other similar transactions. In many cases it was this system that enabled a very large number of people to apply for loans.

What is the register of pledges of movable property

In order to prevent the possibility of misunderstandings, to avoid the majority of fraud options and to allow to clearly record transactions between two persons (legal or physical) and a register of pledges of movable property was created. With the help of special electronic tools, the relevant persons who have the necessary access to the described database are able to enter specific types of property there, and to take them out of the register or change the data. All this is done through special notices, the form of which has been approved in a legislative way.

In addition, both the electronic form of remote filing of these documents and personal delivery on paper are allowed. The register of movable property includes all information about the objects, their current and past status, which allows interested persons to react promptly to changes, introduce them and perform other similar actions. If necessary, you can get absolutely all information on the current and previous states of a particular type of property, which helps many organizations make decisions.

Notification Features

Despite the fact that all information on private property in the database, that is, in a single register of pledge of movable property, is introduced by a notary, he is responsible only for the timeliness of the data entry. And for the state in which the facility is now located, whether there is permission from the mortgagor, whether all the information specified in the notification is true, and so on, the applicant directly answers. His signature confirms that this person is aware of this and with the requirements it agrees.

For example, if an object is already in pledge at the time of entering information, the notary is not obliged to warn all interested parties about it. Thus, the movable property, the list of which is indicated in the notice, will be re-entered on the register. In addition to the notice, the notary is also provided with all information not only about the security object, but also about the applicant. The person who represents the applicant must provide all information about himself. A simple example of this is the bank. The notary must request documents about the bank, as well as data on the person who will directly represent the interests of the specified financial institution. That is, the statutory documents of the bank and the passport of its representative will be required.

Notification

Notice of pledge of movable property may be submitted both in electronic and in paper form. Submit it can both the mortgagor and the pledgee on the basis of supporting documents. At the same time, only the mortgagee can withdraw from the register. However, there are exceptions, within which such actions can be performed by the owner of the property, if the bank (or another person) for one reason or another can not do it. Naturally, all this is also done on the basis of the relevant papers carefully checked by a notary.

When filing in paper form, the applicant with all documents must personally attend the office at the time of registering. If filed electronically, a specially registered signature will be required, which indicates the identity of the applicant, and no other supporting documents are required. In the same way, you receive notifications for changing data in the registry, deleting it, and so on. After the application was accepted, it is processed as soon as possible and entered in the register of pledge of movable property.

Features of change and inference

As already mentioned above, the general system for making changes or removing from the register is not difficult. Differences mainly concern the form of notification, as well as those who have the right to carry out such actions. For example, in the event of the liquidation of a pledge holder, the pledger may file an application and achieve its fulfillment, which automatically removes the property from the list of collateral objects. As a rule, after such actions a person ceases to fulfill his obligations to a financial institution. In addition, if the bank does not fulfill its functions and even after the full repayment of arrears does not withdraw the collateral from the register, its owner can do it independently provided there are documents confirming the absence of debt. Such a paper can be a letter from the bank on the absence of debt and the like.

Payment for notary services

Like any service, entering information into the register of movable property pledges has its own value. Usually, the notary's fees for doing such actions consist of a fee, which he himself must pay to the registry, as well as from the amount to which the notary directly estimates his own services. Under certain conditions, payment can be minimized.

Among other things, depending on the form in which the notice of pledge of movable property is filed, the system of payment also differs. So, when filing on paper medium, cash payment is supposed, but if the electronic form was chosen, then the payment is made in a non-cash manner. What kind of choice to choose depends on the applicant himself.

Extract from the register

The notary has another interesting feature that can be useful to certain people. So, this specialist can provide an extract for any particular object. Due to the fact that the base of pledge movable property includes all the detailed information, the interested person can obtain the necessary data and take them into account in further work.

This is a very convenient feature that is important for banking organizations and other similar institutions. It gives an opportunity to fully assess all risks, which positively affects the economic efficiency of the work and the conditions for concluding transactions. At the same time, the owner also has the opportunity to request an extract about the condition in which his collateral is located. This is useful in some cases where it is suspected that the notice of withdrawal was not timely filed by the former mortgagee.

What concerns movable property

In short, it is any object that can move and is not real estate at the same time. By default, everything else is movable property, the list of which can not be made up due to the huge number of elements. The most common types of such objects are various vehicles, equipment of any type, machines, goods, materials, intangible values and so on. Household appliances are also included in this list, so most often it is the lien on purchase in installments in stores. Large enterprises usually prefer to transfer to mortgages real estate for which there is own register of collateral that works already with those objects that are not related to movables.

It should be noted that in some cases a person may need to obtain information about the current status of a property in the property. Usually such a need arises in those cases when it is planned to acquire something that may well be encumbered. Check the status of the property can be on specially for this created site, if you enter the required data.

Especially valuable movable property

In addition to the division into movable and immovable property, objects that are transferred as collateral can be separated and one more feature. It is already directly dependent on the current activities of the mortgagor. Allocate one unique kind - valuable movable property. Sometimes they add "especially valuable". To this type of objects is any property, without which the activities of a legal entity will become impossible. Thus, it can be concluded that only companies, companies and similar institutions, both private and publicly owned, are concerned with this item.

And with the latter there can be certain problems. In particular, they concern both the complexity of registration and the very process of concluding a transaction. It is extremely rare for banks to agree to work with similar institutions if the other conditions are the same as in the usual situation. At the same time, sometimes conditions are such that such a pledge can be considered very beneficial and priority. Registration of movable property of this type is absolutely analogous to standard objects. An example is the equipment used in the main activity of a large industrial enterprise. Without it, the functioning of the company will be impossible.

Form of issue

The owner of the property is given a special notice, which indicates the fact that his private property is secured. If desired, this document can be provided both in paper form and in electronic form. The second option is more convenient and simple, but most people prefer to have such data in a real, paper version with all the necessary signatures and seals. This looks more impressive, and adds confidence that the objects of movable property are entered correctly in the register.

Real Estate Register

As a rule, banks prefer to take real estate as collateral, as it is more liquid and has the property of not losing in price, but only buying over time. Especially for this there is a similar register of collateral for real estate. In general, the information that is included in it is similar to that used for movable objects. Very similar and other features such as making, notifications, statements and the like.

Step-by-step instruction

On an example of a standard situation with registration of the credit on the security of movable property it is possible to allocate some steps which are required to make for the conclusion of the transaction. The first step is the stage of negotiations, within which a representative of the bank and a potential borrower agree on exactly what amount of the loan and on what security will be transferred. Next, a notification is generated. An approved form must be used in which all the required data about the object is entered. In most cases, the submission of such documents is used in person, so that the form is printed, signed and delivered to the notary so that he can enter information in the register of movable collateral. This is done by the applicant, that is, the representative of the bank, who should have not only a notification but also all documents of the financial institution, personal identification papers, and so on.

In some cases it will be sufficient to have copies, both certified and conventional. In another situation, only the originals will be needed. This largely depends on the notary himself and the degree of interaction and trust between him and the financial institution. Usually a contract is signed there, simultaneously with which the movable property is registered. Documents confirming this fact are transferred to both the employee of the financial organization and the borrower in any chosen form. In electronic filing, the system is about the same, but you do not need to go to a notary, but you need the appropriate software, a signature key and the like. In some cases it is easier to go to a notary than to deal with the issue of registering the possibility of working in electronic mode.

What should be in the notice

In the upper right corner of the document, information about the notary is indicated, which will register. In particular, in the upper two lines the direct name of the office is inscribed, and on the third, last, - the full name of the notary himself. The very first page no longer needs additional filling and is typical. Next are the following pages, which already described in more detail the property that must be entered in the register. The second page describes vehicles. If several units are planned to be pledged at once, they are indicated in the column with the assignment to each individual object of its own number in order. The third page contains information about all other types of collateral.

That is, separately there is a form for transport and separately for other property. The following three pages describe the person who is the owner of the object being sent as collateral. Information may differ slightly depending on the form of ownership, as well as on the status of a person - a citizen or a non-citizen. Three more subsequent pages describe the pledgee. The information in all these documents is quite standard, there are clear graphs, in which it is required to enter specific data, which can be taken from official title papers. On the next page, information about the contract is entered, according to which the object is transferred as collateral. The remaining two pages should contain data on the person who acts as an applicant.

Common Issues

When to sign the notification?

If it is submitted in paper form, it must be signed by the applicant directly from the notary at his personal presence. In some cases, it is recommended to pay extra attention to this element. If the notice of registration in the electronic version, then the signature, of course, is at the time of sending.

What are the features of e-mail?

The document must be sent exclusively by secure communication channels, which exclude fraud of any kind and interception of information. It should be borne in mind that not always the notary quickly checks the information, so the general recommendation will be after the dispatch to clarify the fact of receipt by any available means. This will help to eliminate the situation when entering the register is made after a long time after the notification.

What is the best way to pay?

If the document is submitted in paper form, payment must be made immediately before registration. At electronic registration money is sent by cashless way. Ideally, they should arrive before the time when the information will be entered into the database, but this does not always work. If the organization practices frequent work of this kind, it is possible to advance payment immediately for several registrations, which can be very convenient.

How to be, when it is necessary to make several objects?

Here we need to focus not on the amount of movable property, but on collateral agreements. For each of them, separate information is entered, even if the objects on them are the same. That is, if in one contract several types of movable property are indicated, then all of them are submitted in one notification.

Can property rights be pledged?

Yes, if it is specified in the contract. The design in this case is no different from other similar objects.

What is the deadline for notifying the bank?

In general, there are no restrictions of this kind. That is, the property can be entered into the register both at the time of the conclusion of the contract, and after that, and this is not a mistake. However, in order to minimize risks, banks prefer to file a notification at the same time that the transaction is taking place.

Short summary

The register of pledge of movable property, as well as its analogue aimed at working with real estate, is an important tool that greatly facilitates the conclusion of contracts and prevents the emergence of potentially risky situations. The field of activity for very many scammers is also automatically limited. Similar systems exist in many countries of the world, and the benefits of this approach have been tested for a very long time. The main requirements for such registers are relevant and accessible software, ease of handling, understandability of the system and speed of data processing. All of them are taken into account and implemented, so that we can safely say about the success of the undertaking and its actual performance.