6. Notices of pledge of movable property

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Pledge is the simplest and most popular way to secure the obligations of the parties. The collateral can be either the property itself or property rights. This does not apply to property that is withdrawn from civil circulation in accordance with the legislation of the Russian Federation. A pledge agreement can be executed by both the owner and the person who owns the property on an economic basis, while a pledge agreement is available only to the legal owner. An apartment pledge is one of the most common options for securing obligations. It is recommended to contact a notary for this.

What exactly can be collateral?

Pledging an apartment with a notary is a popular service, but not only an apartment can be collateral. In order for property to be used as collateral, it must meet the following requirements:

• is in full economic control of the person who pledges it;
• not be removed from civil circulation, not burdened with a ban on assignment to other persons;
• It has fairly high liquidity and can be valued in monetary terms.

Most often, real estate acts as collateral, as a fairly liquid and expensive item.

In response to your request, the Office of the Federal Service for State Registration, Cadastre and Cartography for the Krasnodar Territory reports the following:

State registration of an agreement, including a mortgage agreement, ensuring the fulfillment of an obligation.

Recipient – ​​legal entity

Required documents:

1) a joint application of the mortgagor and the mortgagee for state registration of the mortgage agreement. If a mortgage arises on the basis of a notarized mortgage agreement, an application for state registration may be submitted by the notary who certified the mortgage agreement (notary's assistant) (original);

2) identification document of a representative of a legal entity (original);

3) document confirming payment of state duty (original and copy);

4) documents confirming the authority of a representative of a legal entity to act on behalf of the legal entity (original or a notarized copy and a copy, and if such a document is an act of a state authority or local government - a duly certified copy, 2 copies);

5) constituent documents of a legal entity (with all amendments and additions) (original or notarized copy and copy);

6) a document confirming the authority of a person to sign a mortgage agreement by a person who is not a manager or other person acting on behalf of a legal entity without a power of attorney (original and copy, and if such a document is an act of a state authority or local government - a duly certified copy , 2 copies);

7) the mortgage agreement and the documents named in the mortgage agreement as appendices (if the mortgage agreement is made in simple written form - the original, at least 3 copies; if the mortgage agreement is notarized - at least 3 copies, one of which is the original);

credit agreement, loan agreement or other agreement, the fulfillment of obligations under which is secured by a mortgage (original and copy);

9) other documents that, in cases established by law, are necessary for state registration,

Government duty:

4,000 rubles divided by the number of parties to the agreement.
You can also find all the necessary information on the issue you are interested in on the official website of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Krasnodar Territory www.frskuban.ru in the section “Reference Information”, “Sample Lists of Documents”, “Legal Entities”, or by following the following link: https://www.frskuban.ru/index.php?option=com_content&view=article&id=284:2009-10-09-09-19-12&catid=77:2009-10-07-08- 53-27&Itemid=273

Contents of the pledge agreement

The pledge agreement for an apartment, like any other piece of real estate, must contain the following information:

• passport details and contact information of the parties involved in the transaction;
• a detailed description of the property serving as collateral and its valuation;
• term and amount of fulfillment of obligations, the possibility of using collateral.

The right of pledge begins to operate immediately after registration of the agreement or upon the transfer of the pledged property to the pledgee. Termination of this right occurs upon expiration of the obligation secured by the pledge, or if the pledgee violates the conditions stipulated in the contract for maintaining the pledge.

Pledge agreement, its purpose, requirements for structure and content

A pledge agreement is a written agreement concluded by participants in civil law relations, under the terms of which the pledgee receives a legal opportunity, if the pledgor fails to fulfill the main obligation, to make satisfaction from the price of the pledged item in a priority manner over other creditors of the debtor.

A pledge agreement allows you to regulate the rights and obligations of each party and provide for penalties for failure to comply with them.

In legal practice, a pledge agreement is predominantly drawn up as a separate document. In relation to the main responsibility, such an agreement has an accessory specificity.

State fee for registration

Registration of a pledge agreement is not free - for individuals the state duty is 1,000 rubles, while for legal entities the amount increases significantly - 15,000 rubles. If the collateral is property purchased on credit, you will not need to pay a state fee. This money is charged by government agencies to perform background checks on the transaction to avoid providing false information and prevent fraud when concluding a contract.

Price

UPTH is a legal technical work approved by the Moscow City Notary Chamber.

Documents for completing a transaction

To successfully pledge an apartment to a notary, you must provide the following documents:

• documents establishing ownership of real estate or land;
• a certificate confirming state registration of ownership of the object;
• cadastral and technical passports of the property, extracts from the Unified State Register body;
• a report on the assessment of the value and condition of the pledged item, a copy of the loan agreement.

In addition, a pledge agreement is required, which is drawn up in writing - a total of 4 copies are required. The first is handed over to the notary for certification, the second remains with the pledgor, the third with the bank, and the fourth is sent to a special authority for subsequent state registration.

What documents are needed for collateral?

Most often, to obtain a loan for a significant amount, the bank requires the borrower to provide additional payment guarantees. This can be a guarantee or a pledge; in the latter case, the loan amount depends on the value of the collateral . If the collateral is real estate, the borrower must collect the following documents for collateral:

• a certificate of registration of ownership and documents confirming the transfer of ownership to the borrower; documents for collateral are necessarily included;

• report on the assessment of the collateral;

• an extract from the Unified State Register confirming that the property is not burdened with other obligations;

• cadastral passport and explication of residential premises;

• a statement by the borrower that at the time of purchasing the property he was not married or the consent of the spouse to register the collateral.

The consent of the guardianship and trusteeship authorities is also required if you have minor children or incapacitated persons in your care. When calculating the costs of concluding a loan agreement, it should be taken into account that a certain amount will be required to prepare documents for collateral. In Moscow, an apartment appraisal will cost from 3,500 rubles, and almost all documents must be notarized, this will actually increase the cost of obtaining a loan.

Procedure for registering a pledge

A pledge of a share in an apartment, like a pledge of the entire property, is possible only after its registration, which follows an assessment of the property and a check of its condition. Registration of the agreement becomes possible with the written consent of all homeowners - if these consents are not obtained, you cannot count on state registration of the transaction. In some cases, the consent of your spouse or guardian may be required. A legal entity will need to hold a meeting of co-founders and decide to transfer the property as collateral. Documented meeting items are submitted to the registration authority.

To register the transaction, the notary will need documents confirming the ownership of real estate, given earlier, as well as an extended extract from the Unified State Register. The contract registration procedure will not take much time. If there is a need to make changes to the contract, you will need to submit the updated document to the notary for re-registration. It is recommended to think through all the details of the document in advance so that there is no need to change the original contract, which takes time. If you wish, you can instruct a notary to transfer the agreement to the registration authorities, so as not to have to do this yourself.

Is notarization of the pledge agreement required?

The pledge agreement is subject to mandatory certification by a notary in cases where this is expressly stated in the law.
Thus, a notarial form requires an agreement for pledging a share in the authorized capital of a limited liability company (see the article “Agreement for pledging a share in the authorized capital of an LLC”), etc.

If the law does not contain a requirement for notarization of one or another type of pledge agreement (as well as other types of agreements), the parties themselves can agree to carry out the certification procedure by concluding a special agreement (subclause 2, clause 1, article 163 of the Civil Code of the Russian Federation, hereinafter - Civil Code of the Russian Federation).

Is it necessary to notarize a pledge agreement for movable property? Read the answer in the ConsultantPlus system. To log in, use the link for a free trial access for 2 days.

Please note that the pledge is often accompanied by other agreements. They may also require notarization:

• assignment agreement under a notarized transaction (see clause 1 of Article 389 of the Civil Code of the Russian Federation, article “Formation of assignment of a claim in an obligation”);
• a debt transfer agreement under a notarized transaction (see clause 4 of Article 391 of the Civil Code of the Russian Federation and our article “Debt transfer agreement between legal entities”);
• a preliminary agreement, if the main agreement in the future will be concluded in notarial form (see paragraph 2 of Article 429 of the Civil Code of the Russian Federation, article “How to draw up a preliminary agreement - form according to the Civil Code of the Russian Federation?”).

Please note that notarization of the real estate pledge agreement (mortgage) is not required, but state registration of the encumbrance is required. This topic is covered in detail in other materials on our website, for example in the article “Registration of a real estate pledge agreement in Rosreestr”, etc.