1. Register of notifications of pledges of movable property

Collateral concept

A pledge is a method of ensuring the fulfillment of an obligation, in which the pledgee has the right, in the event of non-fulfillment (improper performance) by the debtor of this obligation, to receive satisfaction from the value of the pledged property, preferentially before other creditors of the pledgor (Article 334 of the Civil Code of the Russian Federation).

In other words, if the debtor (pledgor) fails to fulfill his obligation, the pledged item is sold at auction, and the funds received are transferred to the creditor (pledgee). The pledgee may receive the pledged item in kind in the event of improper fulfillment of the obligation only in cases provided for by law.

Pledge is a type of pledge in which the pledged property is transferred by the mortgagor into the possession of the pledgee. The concept of “mortgage” is absent in the Civil Code of the Russian Federation.

What is collateral

Collateral is a way of securing loan obligations. A bank or other lenders, when issuing a loan, seek to protect themselves from non-repayment of money. To do this, the debtor pledges the property, and, in case of non-repayment of the loan, the bank takes it (real estate/movable property) for further sale.

Checking real estate for collateral is an important condition for a safe purchase and sale transaction. The presence of a lien on the property indicates that third parties have rights to the property, who, not being the owners, can cause a lot of trouble for the future owner. Not only banks can pledge property. The mortgagee can be individuals or legal entities and even the tax office.

Types of collateral

The Civil Code of the Russian Federation provides for the following types of collateral:

pledge of goods in circulation (clause 1 of Article 357 of the Civil Code of the Russian Federation);
pledge of things in a pawnshop (Article 358 of the Civil Code of the Russian Federation);
pledge of rights of obligation (Articles 358.1 - 358.8 of the Civil Code of the Russian Federation);
pledge of rights under a bank account agreement (Articles 358.9 - 358.14 of the Civil Code of the Russian Federation);
pledge of rights of participants of legal entities (Article 358.15 of the Civil Code of the Russian Federation);
pledge of securities (Articles 358.16, 358.17 of the Civil Code of the Russian Federation).

Types of collateral are distinguished on the following grounds:

At the location of the pledged property (Article 338 of the Civil Code of the Russian Federation):

firm pledge - without transfer of property. A type of firm pledge is the pledge of goods in circulation (Article 357 of the Civil Code of the Russian Federation);
mortgage - with the transfer of the pledged property. A type of mortgage is a pledge in a pawnshop (Article 358 of the Civil Code of the Russian Federation).

On the subject of collateral:

pledge of property;
pledge of rights.

According to the degree of connection of the mortgaged property with the land:

pledge of movable property;
pledge of real estate (mortgage).

A special type of pledge is a subsequent pledge (Article 342 of the Civil Code of the Russian Federation).

Grounds for the emergence of a pledge

The grounds for the emergence of a pledge are established by Article 334.1 of the Civil Code of the Russian Federation.

As a general rule, a pledge between the pledgor and the pledgee arises on the basis of an agreement. At the same time, in cases established by law, a pledge arises upon the occurrence of circumstances specified in the law (pledge on the basis of the law).

Examples of the emergence of a pledge based on the law

In particular, the norms of the Civil Code of the Russian Federation and other federal laws establish the following circumstances under which a pledge arises:

Goods sold on credit are pledged to the seller until payment is made.

Unless otherwise provided by the purchase and sale agreement, from the moment the goods are transferred to the buyer and until payment is made, goods sold on credit are recognized as being pledged by the seller to ensure the buyer fulfills his obligation to pay for the goods (Clause 5 of Article 488 of the Civil Code of the Russian Federation).

Goods sold on credit with an installment plan are pledged by the seller

The rules provided for in paragraphs 2, 4 and 5 of Article 488 of this Code (clause 3 of Article 489 of the Civil Code of the Russian Federation) apply to an agreement for the sale of goods on credit with the condition of payment in installments.

The right of pledge of the rent recipient to the real estate transferred for rent payment

When transferring a plot of land or other real estate for payment of rent, the recipient of the rent, as security for the obligation of the rent payer, acquires the right of pledge over this property (clause 1 of Article 587 of the Civil Code of the Russian Federation).

The holder of the pledge certificate has the right to pledge the goods.

The holder of the pledge certificate, other than the holder of the warehouse receipt, has the right to pledge the goods in the amount of the loan issued under the pledge certificate and interest on it. When pledging goods, a note about this is made on the warehouse receipt (clause 3 of Article 914 of the Civil Code of the Russian Federation).

The developer's land plot and the real estate on it are pledged to the participants in shared construction

To ensure the fulfillment of the obligations of the developer (mortgagor) under the agreement, from the moment of state registration of the agreement, the participants in shared construction (mortgagors) are considered to be pledged for the construction (creation) of an apartment building and (or) other real estate object, which will include shared construction objects , a land plot owned by the developer, or the right to lease, the right to sublease the specified land plot and an apartment building and (or) other real estate object being built (created) on this land plot.

Pledge in the manner established by Art. Art. 13 - 15 of the Law “On Participation in Shared Construction”, the following obligations of the developer must be ensured under all contracts concluded for the construction (creation) of an apartment building and (or) other real estate on the basis of one construction permit:

return of funds contributed by a participant in shared construction in cases provided for by the specified Law and (or) agreement;
payment to a participant in shared construction of funds due to him in compensation for losses and (or) as a penalty (fine, penalty) due to non-fulfillment, delay in fulfillment or other improper fulfillment of the obligation to transfer the shared construction object, and other due to him in accordance with the agreement and ( or) federal laws of funds (Articles 13 - 15 of Law N 214-FZ “On participation in shared-equity construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”).

State and municipal property purchased in installments is pledged until payment is made.

“From the moment of transfer to the buyer of the property purchased in installments and until the moment of full payment, the specified property, by virtue of this Federal Law, is recognized as being pledged to ensure the buyer fulfills his obligation to pay for the acquired state or municipal property.

If the buyer violates the deadlines and procedure for making payments, foreclosure is applied to the pledged property in court” (clause 6, article 35 of the law of December 21, 2001 N 178-FZ “On the privatization of state and municipal property” (as amended on 03.07. 2016)).

Pledge of land purchased with loan funds (mortgage)

Unless otherwise provided by federal law or an agreement, a land plot acquired using credit funds from a bank or other credit organization or funds from a targeted loan provided by another legal entity for the acquisition of this land plot is considered to be pledged from the moment of state registration of the borrower's ownership of this land plot. land plot (Clause 1, Article 64.1 of the Law of July 16, 1998 N 102-FZ “On Mortgage (Pledge of Real Estate)".

Pledge of residential premises purchased or built with loan funds (mortgage)

“Residential premises acquired or built in whole or in part using credit funds from a bank or other credit organization or funds from a targeted loan provided by another legal entity for the acquisition or construction of the specified residential premises are pledged from the moment of state registration of the mortgage in the Unified State Register of Real Estate.” (Clause 1, Article 77 of the Law of July 16, 1998 N 102-FZ (as amended on July 3, 2016) “On mortgage (real estate pledge)."

Clause 3 of Article 334.1 of the Civil Code of the Russian Federation provides for the possibility of concluding a pledge agreement between the pledgor and the pledgee if the pledge arose on the basis of law. Such an agreement allows you to regulate collateral relations between the parties.

What is a register of property pledges

Information about debt property is entered into the unified information system. These entries are carried out by a notary. After receiving the information, a notification is registered and sent to the notary chamber. All data is reflected on the website “ Register of Property Pledges ”. Entrance is available for individuals and legal entities.

The register of objects that are pledged to a credit institution operates 24/7. The information is entered immediately. Once the notice is received, the information is entered immediately and there are no delays.

Previously, drivers bought cars on credit, and the title remained as collateral with the bank. The owners received a title from the traffic police allegedly due to the loss of the old one and sold the car, hiding the information that the vehicle was pawned. The transaction was completed faster and more profitably, but the person received an encumbrance on payments.

Forming a register is a way out of this situation. The buyer now has the opportunity to protect his rights. IMPORTANT! The consumer must independently verify all data about the vehicle. According to the law on notaries, the notary issues extracts:

Extended - contains all the information about the mortgage notice;
Brief - only information that is current at the moment according to the registration number.

Anyone can get a short transcript. Only the mortgagee, the pledgor, has the extended right. Information about persons must be in mortgage notices. You can receive the statement electronically.

What is included in the register of pledges of movable property

cars;
motorcycles;
technique;
equipment;
gooods at the work;
agricultural crops (grain, oats, sunflower seeds, etc.);
bonds;
gold;
any other movable property;
property rights.

It is important to know that the register of pledged property can include information about pledges that arose both after the adoption of Federal Law 367-FZ of pledge agreements for movable property and before its entry into force.

How does information about pledges even get into the registry?

Notaries enter all information into the register. Applicants can report a pledge of movable property in three ways.

The first is to personally submit a paper application to the notary. The second is through the online service on the FNP portal. This is convenient if we are talking about a single notification and the applicant has a valid enhanced qualified electronic signature. And the third way is to contact the notary web service through a secure communication channel. It is mainly used by legal entities (in particular banks) that send a large number of notifications.

In the second and third cases, notifications reach the notary through the Unified Notary Information System, which automatically distributes them and guarantees data protection and preservation of notarial secrecy. In addition, digital technologies of the Federal Tax Service reduce the processing time of information and speed up the process of registering information about collateral in the register.

How to send information to the pledge registry

Information is sent to the register of pledges using a notification:

through the online service on the website of the Federal Notary Chamber;
through a notary web service;
on paper through any notary.
via a secure communication channel. The first method is convenient and easy to use when it is necessary to send single notifications, the second is more suitable for banks.

What information is available to applicants

Such information may be needed in many cases. They are in demand when registering purchases and sales, loans, re-registration of property, inheritance, and other methods of disposing of movable property. In order not to get into trouble, and to clearly understand the material risks, each interested party has the opportunity to obtain official data from the notary's UIS:

status of documentation on the pledge of movable property (notifications, extracts) according to the registration number specified in the request;
extracts;
available information about the pledgor and pledged items.

The pledge registry operates 24 hours a day.

Open information can be provided to applicants at their request in the form of conventional paper documents or in the form of a message signed with an enhanced electronic signature.

Pledgors and pledgees are provided with expanded information. Only open data is available to other users. The forms for providing data are determined by orders of the Ministry of Justice of the Russian Federation.

Why do you need a notarized extract from the register?

Sometimes mortgagees (usually banks) do not send information about encumbrances to the appropriate registry on time. Therefore, it may happen that the car may in fact already be pledged, but there is no information about this in the registry yet.

In order not to find yourself in such a situation and to avoid legal claims from the pledgee, it is enough to request an extract from the register from any notary. It will serve as indisputable evidence that you are a bona fide buyer: at the time of the purchase and sale transaction, you could not have known about the lien on this car or other movable property.

You can request a notarized extract with the results of checking property in the register not only at any notary office, but also online - through the FNP portal. The finished statement will be issued on paper or electronically, its cost is from 200 to 300 rubles, depending on the region.

How to get an extract

An extract from the register of pledges of movable property can be obtained:

in electronic form;
from any notary on paper.

Subject of collateral

Article 336 of the Civil Code of the Russian Federation establishes provisions on the subject of pledge.

According to paragraph 1 of Article 336 of the Civil Code of the Russian Federation, the subject of pledge can be any property, including things and property rights, with the exception of property on which foreclosure is not allowed, claims inextricably linked with the personality of the creditor, in particular claims for alimony, compensation harm caused to life or health, and other rights, the assignment of which to another person is prohibited by law.

In accordance with paragraph 2 of Art. 336, 341 of the Civil Code of the Russian Federation, the subject of the pledge can be things and property rights that the pledgor will acquire in the future.

Thus, as a general rule, the subject of pledge can be any property, including things and property rights specified in Articles 128, 130 of the Civil Code of the Russian Federation, with the exception of:

1) property on which foreclosure is not allowed;

2) claims inextricably linked with the personality of the creditor (in particular, claims for alimony, compensation for harm caused to life or health, and other rights, the assignment of which to another person is prohibited by law);

3) property, the pledge of which is limited or prohibited by law.

Everything is decided by the Unified State Register

A pledge is a type of encumbrance on an apartment, and this will always be reflected in national registers.

The easiest way to check whether a purchased apartment is under collateral is a thorough examination of the extract from the Unified State Register. You can ask the seller to provide this document. Once you have received the extract, proceed to verification.

Firstly , the passport details of the seller-owner must match the information about the owner given in the Unified State Register.
Secondly , the coincidence of full name is examined in a similar way. owner's date and birth.

The presence of discrepancies is a clear sign that the apartment is under mortgage, seizure or other form of encumbrance.

An important point: the information contained in the Unified State Register is true, since it demonstrates the registered owner of the property.

There are two obvious drawbacks to studying an extract from the Unified State Register: firstly, the owner of the apartment may refuse to provide it; secondly, the information provided in it is not exhaustive.

Do you still have doubts? Then it makes sense to use online services for checking the “legal cleanliness” of an apartment.

Cases when property and rights cannot be the subject of pledge

In the following cases, property and rights cannot be the subject of pledge:

1). Property that is not subject to foreclosure

Property of a debtor-citizen

Collection cannot be applied to property owned by a debtor-citizen, the list of which is established by the Civil Procedure Code of the Russian Federation (Part 1 of Article 79 of the Law “On Enforcement Proceedings”).

Such a list is established by Article 446 of the Code of Civil Procedure of the Russian Federation “Property that cannot be levied under enforcement documents.”

Property of the debtor organization

The list of property of the debtor organization, which cannot be foreclosed on, is established by federal law (Part 2 of Article 79 of the Law “On Enforcement Proceedings”).

The rules of law prohibiting foreclosure on the property of a debtor organization are contained, for example, in the following articles of federal laws:

Civil Code of the Russian Federation:

Article 123.28 of the Civil Code of the Russian Federation. Property of a religious organization
Article 926.7 of the Civil Code of the Russian Federation. Peculiarities of foreclosure on property according to requirements for the parties to the escrow agreement
Article 1018 of the Civil Code of the Russian Federation. Segregation of property held in trust
Article 1405 of the Civil Code of the Russian Federation. Exclusive right to a secret invention

Housing Code of the Russian Federation:

Article 175 of the RF Housing Code. Special account
Article 175.1 of the Housing Code of the Russian Federation. Special deposit
Article 179 of the RF Housing Code. Property of the regional operator

Fundamentals of the legislation of the Russian Federation on notaries:

Article 18.1. Compensation Fund of the Federal Notary Chamber
Article 23. Financing of notarial activities

Federal Law No. 229-FZ “On Enforcement Proceedings”:

Article 72.1. Peculiarities of foreclosure on the debtor's funds located in a pledged bank account and in a nominal bank account
Article 73.3. Peculiarities of foreclosure on property transferred for deposit to an escrow agent, including funds held in an escrow account
Article 73.4. Peculiarities of foreclosure on the debtor's funds held in a public deposit account

Federal Law No. 127-FZ “On Insolvency (Bankruptcy)”:

Article 18.1. Peculiarities of the legal status of creditors whose claims are secured by a pledge of the debtor’s property
Article 25.1. Compensation fund of the self-regulatory organization of arbitration managers
Article 111.8. Compensation Fund of the Self-Regulatory Organization of Electronic Platform Operators
Article 113. Fulfillment of the debtor’s obligations by the founders (participants) of the debtor, the owner of the property of the debtor - a unitary enterprise, or a third party or third parties
Article 201.8-2. Special bank account for financing the construction of an unfinished construction project
Section 201.15. Repayment of current payments and claims of first and second priority creditors to the developer in order to ensure the possibility of transferring an unfinished construction project or residential premises

Property of the debtor - a foreign state

The list of property of the debtor - a foreign state, which cannot be foreclosed on, is established by Federal Law of November 3, 2015 N 297-FZ “On jurisdictional immunities of a foreign state and property of a foreign state in the Russian Federation” (Part 3 of Article 79 of the Law “ On enforcement proceedings").

2). Requirements are inextricably linked to the identity of the creditor

(in particular, claims for alimony, compensation for harm caused to life or health, and other rights, the assignment of which to another person is prohibited by law).

Nullity of a transaction on pledge of claims related to the identity of the creditor

A transaction in which an express prohibition established by law was violated is void, as it encroaches on public interests. This is recognized, for example, as a transaction on the pledge of claims inextricably linked with the identity of the creditor (clause 1 of Article 336 of the Civil Code of the Russian Federation) (clause 75 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 No. 25 “On the application by the courts of certain provisions of Section I part one of the Civil Code of the Russian Federation").

3). Property whose pledge is limited or prohibited by law

Rules of law limiting or prohibiting the pledge of property are contained, for example, in the following articles of federal laws:

Civil Code of the Russian Federation:

Article 37 of the Civil Code of the Russian Federation. Disposal of the ward's property
Article 260 of the Civil Code of the Russian Federation. General provisions on land ownership
Article 275 of the Civil Code of the Russian Federation. Preservation of an easement during the transfer of rights to a land plot
Article 358.15 of the Civil Code of the Russian Federation. Pledge of rights of participants of legal entities

Federal Law No. 48-FZ “On Guardianship and Trusteeship”:

Article 21. Preliminary permission of the guardianship and trusteeship authority affecting the exercise of property rights of the ward

Federal Law N 102-FZ “On Mortgage (Pledge of Real Estate)”:

Article 62. Land plots that may be the subject of a mortgage
Article 72. Rights of the pledgor in relation to the pledged enterprise

Terms of the pledge agreement

Essential terms of the pledge agreement

The provisions of paragraph 1 of Article 339 of the Civil Code of the Russian Federation establish the essential conditions for the pledge agreement. These include: the subject of the pledge, the essence, size and period of fulfillment of the obligation secured by the pledge.

The conditions relating to the main obligation are considered agreed upon if the pledge agreement contains a reference to the agreement from which the secured obligation arose or will arise in the future.

In paragraphs 43, 44 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of July 1, 1996 “On some issues related to the application of part one of the Civil Code of the Russian Federation” contain the following explanations:

“The essential terms of the pledge agreement are the subject of the pledge and its valuation, the essence, size and period of fulfillment of the obligation secured by the pledge, as well as the condition regarding which of the parties (the pledgor or the pledgee) has the pledged property (clause 1 of Article 339). If the parties do not reach an agreement on at least one of these conditions or the corresponding condition is absent in the agreement, the pledge agreement cannot be considered concluded.

In cases where the mortgagor is the debtor in the main obligation, the conditions on the essence, size and timing of the fulfillment of the obligation secured by the pledge should be considered agreed if the pledge agreement contains a reference to the agreement governing the main obligation and contains the corresponding conditions.

When resolving disputes related to the pledge of movable property or rights to property, it should be taken into account that such a pledge agreement is subject to notarization only in cases where the agreement secured by the pledge in accordance with paragraph 2 of Article 163 must be concluded in notarized form (paragraph 2 of Article 339 )".

Clause 2 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 15, 1998 N 26 “Review of the practice of considering disputes related to the application by arbitration courts of the norms of the Civil Code of the Russian Federation on pledge” contains the following explanations:

“If there is no information in the pledge agreement that individually identifies the pledged property, the pledge agreement cannot be considered concluded.

...In accordance with paragraph 1 of Article 339 of the Civil Code of the Russian Federation, the pledge agreement must indicate the subject of the pledge, its valuation, the essence, size and deadline for fulfilling the obligation secured by the pledge. If there is no agreement between the parties on at least one of the above conditions, the pledge agreement cannot be considered concluded. Thus, based on the essence of the pledge obligation, when defining the subject of pledge in the contract, not only the type of property (car) must be named, but also the individual characteristics of the subject of pledge must be indicated, allowing it to be isolated from homogeneous things.”

Conditions on the procedure for the sale of pledged property: judicial or extrajudicial procedure

The parties may include in the content of the agreement a condition on the procedure for the sale of the pledged property, the foreclosure of which has been carried out by a court decision, or a condition on the possibility of foreclosure on the pledged property out of court. At the same time, the absence of these conditions in the agreement will not change the essence of the pledge agreement and will not affect its conclusion. For provisions on the procedure for selling property, see the articles:

How to check a car in the registry of pledges

The database is publicly available at https://reestr-zalogov.ru/ and can be used completely free of charge. However, the issuance of a written acknowledgment as a legal document is performed by a notary for a specified fee. It should be borne in mind that attempts to find out the borrower’s last name by car number will be unsuccessful, since the system does not provide such information.

In order to use the FNP service and check the car you need:

1) Go to the site using the link provided above.

2) Click on the button “By information about the subject of collateral” and click on the link “Vehicle”

3) Then enter the VIN code, body or chassis number in Latin. If, after processing the data, such a message appears, then most likely the car is not a credit car.

The presence of an extract from the collateral register stating that the car is not listed there as collateral is a valid basis for obtaining the status of a bona fide buyer and serves as reliable protection against bankers’ encroachments on the purchased vehicle. It is evidence of the honesty of the buyer, who has made attempts to verify that the car is not a credit car. Losses will be borne by the creditor who did not want to register the car as collateral.

A short statement can be received by any person; an extended statement can only be received by the pledgor, pledgee or their legal representative.

To obtain an extract, you should contact the website or a notary office. The cost of the service depends on the number of pages of this document and is 40 rubles/page for a volume of 1 to 10 pages and 20 rubles/page. for each subsequent page.

To enter movable property into the register, the pledgee must provide the notary with a completed notification form, the form of which is established by Order of the Ministry of Justice of the Russian Federation No. 131 of June 17, 2014. When submitting a notification in person, registration is completed within 2 days. Holders of an electronic signature can submit notifications electronically via the Internet, and the registration procedure takes no more than 60 minutes.

Extract from the register of pledges of movable property

An extract from the register of notices of pledge of movable property may contain information about:

all notifications with a specific number;
about all notices regarding a particular mortgagor.

An extract from the register of notifications about the pledge of movable property may contain only current information about the pledge at a certain time (short extract) or also contain information about all registered notifications on the basis of which it was formed (extended extract).

Pledge agreement form

The requirements for the form of the pledge agreement are governed by the provisions of Art. 339 of the Civil Code of the Russian Federation, establishing requirements for the form of a pledge agreement.

As a general rule, a pledge agreement must be concluded in simple written form (Articles 160, 161 of the Civil Code of the Russian Federation), except if the law or agreement does not provide for a notarial form of the pledge agreement (Article 163 of the Civil Code of the Russian Federation).

Clause 3 of Article 339 of the Civil Code of the Russian Federation establishes an imperative rule stipulating that a pledge agreement to secure the fulfillment of obligations under the agreement, which must be notarized, is subject to notarization.

Failure to comply with the established rules on the form of the pledge agreement entails its invalidity.

State registration and accounting of collateral

State registration and accounting of the pledge is carried out in order to ensure the rights of both the pledgee and third parties.

The mandatory state registration of a pledge agreement is established in the following cases (Article 339.1 of the Civil Code of the Russian Federation):

if, in accordance with the law, the rights confirming the ownership of property to a certain person are subject to state registration (Article 8.1 of the Civil Code of the Russian Federation);
if the subject of the pledge is the rights of a participant (founder) of a limited liability company (Article 358.15 of the Civil Code of the Russian Federation).

For other property pledged, different rules apply.

Relations regarding the pledge of securities are regulated by the provisions of Article 358.16 of the Civil Code of the Russian Federation (“Pledge of Securities”).

Information about the pledge of rights under a bank account agreement is taken into account in accordance with the rules of Art. 358.11 Civil Code of the Russian Federation.

The provisions of paragraph 4 of Article 339.1 of the Civil Code of the Russian Federation apply to the accounting of pledges of movable property. This rule of law provides for accounting for collateral relations by registering notifications of collateral. At the same time, taking into account the above, real estate, as well as the property specified in paragraphs. 1 - 3 article 339.1 of the Civil Code of the Russian Federation. Accounting for the pledge of property is carried out by registering notices of the pledge of movable property in the register of notifications of the pledge of movable property provided for in paragraph 3 of Part 1 of Art. 34.2 Fundamentals of the legislation of the Russian Federation on notaries.

The register of notifications about the pledge of movable property is maintained in the manner established by the legislation on notaries (see Chapter XX.1 “Registration of notifications about the pledge of movable property” of the Fundamentals of the legislation of the Russian Federation on notaries).

The pledgee, in relations with third parties, has the right to refer to the right of pledge belonging to him only from the moment of making an entry on the registration of the pledge, except in cases where the third party knew or should have known about the existence of the pledge earlier. The absence of an accounting record does not affect the relationship of the pledgor with the pledgee.

Amendments to the notice of pledge are permitted in the following cases:

when information about the pledge changes (changes about the item, the value of the item, the deadline for fulfilling obligations, etc.);
upon termination of the collateral relationship. The procedure for amending the notice of pledge or terminating the pledge is regulated in more detail by the provisions (Article 103.6 of the Fundamentals of the Legislation of the Russian Federation on Notaries).

There is a new way to check the encumbrance on property

Buyers and lenders, the press release says, can now check the property for encumbrances on one site - in the form of collateral, leasing, or a purchase and sale agreement with retention of ownership of the seller. This can be done both in the Register of Notifications of Pledge of Movable Property on the website of the Federal Notary Chamber and on the website of Fedresursa.

Until now, when deciding whether to purchase property or issue a secured loan, users were forced to access each of these registries separately.

Real estate market expert Gleb Akimov told RG how this works in practice:

— The story began back in 2013, when all legal entities had a new obligation to enter information about legally significant events occurring in their activities into the Unified Federal Register of Legal Entities and Individual Entrepreneurs (hereinafter referred to as EFRSFYUL, “Fedresurs”). In fact, the information included in such a register duplicates the data that legal entities are required to enter into the Unified State Register of Legal Entities.

This obligation was established by Article 7.1. Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” dated 08.08.2001 N 129-FZ (hereinafter referred to as Law 129-FZ), which tells us that this register includes information about the state registration of legal entities, including including notifications of reorganization, liquidation of a legal entity, as well as other information provided for in paragraph 7 of Art. 7.1. Law 129-FZ.

Having analyzed in practice how Fedresurs works, we can conclude that when creating such a register, at least two main goals were pursued: to make the activities of legal entities more open and to receive online information about counterparties in order to avoid certain financial risks.

In case of changes, a legal entity is obliged to report this to the Register. For example, a company joined an SRO (self-regulatory organization), became a customer of a mandatory audit, and so on. A very short period of time has been established for execution - three business days from the date of occurrence of the relevant fact (actions or events, information about which is subject to mandatory disclosure).

Despite the fact that this norm, obliging all legal entities to enter information into the EFRSFYUL, has existed for more than 5 years, not many companies, to put it mildly, act strictly according to the letter of the law, placing the required information in it, and some have never even heard of that such a register exists.

But we must remember that in case of violation of the obligation to post information about legally significant facts, financial liability is provided for legal entities. So, for example, for failure to submit or submission of false information about a legal entity or an individual entrepreneur to the Unified Federal Register of Information on the Facts of the Activities of Legal Entities, a fine of 5 thousand to 10 thousand rubles is provided (Part 7 of Article 14.25 of the Code of Administrative Offenses of the Russian Federation).

Agree, the responsibility is clearly disproportionate to the possible consequences of breaking the law and it is not surprising that many have not even heard of the existence of such a resource.

How can legal entities enter all the necessary information into Fedresurs:

— In electronic form using an electronic signature on the official website fedresurs.ru.

- Through a notary.

— Through online information publishing services in 1-2 hours, without leaving the office.

Pros and cons of collateral

The pros and cons of collateral are as follows.

1. Certain guarantees that in the event of failure to fulfill obligations by the debtor, the creditor will receive satisfaction from the pledged property.

2. The subject of the pledge can be any property: movable and immovable, rights under a bank account agreement, property rights, exclusive rights, shares in the authorized capital, shares. We wrote about exceptions above.

3. The pledgee’s obligations are satisfied preferentially before other creditors (i.e., the pledgee’s claims are satisfied first, and only then the claims not secured by the pledge).

4. It is prohibited to dispose of property that is pledged without the permission of the pledgee, and if this prohibition is violated, the pledge does not terminate even in the event of alienation of the property to a bona fide purchaser.

5. The subject of the pledge may be things and property rights that the pledgor will acquire in the future. In this case, the right of pledge arises from the moment the pledgee acquires the relevant property or right.

6. The pledgor under a pledge agreement can be not only the debtor himself, but also a third party. That is, to secure the debtor’s obligation, any person can pledge his property.

7. A pledge (i.e. a pledge with the transfer of an item to the pledgee) provides more guarantees of ensuring the fulfillment of obligations, since the physically pledged property is located with the creditor-pledgee.

8. All expenses of the creditor are paid from the value of the pledged item - interest, penalties, losses caused by delay in execution, as well as the expenses of the pledgee necessary for the maintenance of the pledged item and collection (Article 337 of the Civil Code of the Russian Federation).

The disadvantages of collateral include the following circumstances:

1. If the pledged movable property is not transferred to the pledgee, there is a possibility of its alienation by an unscrupulous counterparty, which may lead to the impossibility of identifying its new owner and location and, as a consequence, the impossibility of selling this property at auction.

2. The procedure for foreclosure on pledged property and its sale at auction by bailiffs is quite labor-intensive and lengthy, which, of course, does not lead to the prompt restoration of the financial position of the creditor.

Judicial practice and publications about pledge on logos-pravo.ru

Apartments under an agreement for participation in shared construction cannot be pledged to a bank (clause 15 of the Review of Practice..., approved by the Presidium of the Supreme Court of the Russian Federation on December 4, 2013)
If the loan agreement is secured by both a pledge and a guarantee, then the termination of one method of security does not terminate the validity of the other (clause 6 of the Review of Judicial Practice..., approved by the Presidium of the Supreme Court of the Russian Federation on May 22, 2013)
Foreclosure of real estate pledged as collateral under a loan agreement (clause 12 of the Review of Judicial Practice..., approved by the Presidium of the Supreme Court of the Russian Federation on May 22, 2013)
Judicial practice of applying the law on mortgage (real estate pledge)
Consent of the spouse to pledge real estate (mortgage)
Refusal to foreclose on mortgaged property. Arbitrage practice
Postponement of sale of pledged property at public auction
The right to retain the subject of the mortgage if the auction does not take place. Arbitrage practice
Statement of claim for recognition of the bank's right to the pledged property as absent
Response to the bankruptcy trustee’s application to invalidate the pledge agreement
Objections to AHML's statement of claim for debt collection under a loan agreement, foreclosure of pledged property

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Checking a car for collateral at the bank

Now many people are checking the car for collateral. An unscrupulous seller may hide from you the fact that he took out a loan to purchase a car that he has not yet repaid. If you buy such a car, you can be left without a car and without money. The bank has the right to demand its return as compensation for losses to the credit institution if the debtor has not fulfilled its obligations.

You can check the car for encumbrance in the form of collateral online in the notary database or through a credit history bureau. Contact the register of automobile loan pledges maintained by the Federal Notary Chamber to find out if the car is pledged. Banks are required to provide information about such machines. If they do not do this, they will not be able to make a claim against the new owner.

Do not neglect this opportunity: if you buy a car that is pledged, in fact it will remain the property of the credit institution, which may demand the return of the car at any time.