Rule · NBKR · 19 Feb 2003 · 46-913
Pawnshops must not issue short-term loans secured by real estate. Applicants must submit original documents, including bank confirmation of funds equal to at least 50% of charter capital, to the NBR within 30 days for license consideration. Pawnshops must report license loss within five days, publish a newspaper announcement, and reissue licenses within ten days of name or location changes. License rights are inalienable.
LOST ITS FORCE
in accordance with resolution of the Board of the National Bank of the Kyrgyz Republic
from October 14, 2009 No. 41/5
Registered in the Ministry of Justice of the Kyrgyz Republic
March 25, 2003. Registration number 36-03
Approved
by resolution of the Board
of the National Bank
of the Kyrgyz Republic
from February 19, 2003 No. 4/3
REGULATION
on the activities of pawnshops in the territory
of the Kyrgyz Republic
(In the edition of resolutions of the Board of the National Bank of the Kyrgyz Republic from
December 27, 2003 No. 36/1, June 13, 2007 No. 30/10)
This Regulation is developed in accordance with the legislation of the Kyrgyz Republic and determines the procedure for the creation of pawnshops and establishes requirements for their activities.
1.1. "Pawnshop" - a credit institution specializing in the pledge of items as a means of securing short-term loans without collecting additional obligations from the pledgor in the event of any non-payment.
1.2. "Pledge" - a type of security where the pledged movable property is transferred from the pledgor to the possession of the pledgee. A pawnshop has no right to issue short-term loans (hereinafter "loans") under the pledge of real estate.
1.3. "Own funds of the pawnshop" - monetary funds invested by the founders to form the charter capital of the pawnshop.
1.4. "Branch of a pawnshop" - a separate subdivision of a pawnshop located outside its place of residence and carrying out all or part of its functions, including representation functions.
1.5. "Representative office of a pawnshop" - a separate subdivision of a pawnshop located outside its place of residence and carrying out representation and protection of the interests of the pawnshop.
1.6. This Regulation is mandatory for legal and natural persons creating a pawnshop in the territory of the Kyrgyz Republic.
1.7. A pawnshop carries out its activities based on a license (hereinafter "License") of the National Bank of the Kyrgyz Republic.
1.8. The National Bank of the Kyrgyz Republic (hereinafter "NBR") carries out licensing and supervision of the activities of pawnshops in accordance with the legislation of the Kyrgyz Republic.
1.9. A pawnshop is created in the form of a society with additional liability or a full partnership in accordance with the legislation and acquires the status of a legal entity from the moment of registration in the justice bodies.
1.10. In their activities, pawnshops are guided by the Civil Code of the Kyrgyz Republic, the Laws of the Kyrgyz Republic "On Economic Partnerships and Societies", "On Pledge", "On Countering the Financing of Terrorism and Money Laundering (Legitimization) of Income Obtained by Criminal Means", other normative legal acts of the Kyrgyz Republic, this Regulation, and the charter.
(In the edition of resolution of the Board of the National Bank of the Kyrgyz Republic of June 13, 2007 No. 30/10)
1.11. The NBR does not bear responsibility for risks arising from the operations of the pawnshop.
2.1. Documents for the issuance of a letter of consent and a license, provided for by this Regulation, for the city of Bishkek and the Chuy region are submitted by the applicant to the Central Apparatus of the NBR; for other regions - to the corresponding regional regional administrations (representatives) of the NBR (hereinafter - regional administrations of the NBR).
2.2. For preliminary consideration of charter documents and obtaining a letter of consent for state registration in the Ministry of Justice of the Kyrgyz Republic, the applicant submits to the NBR the following original documents in two copies in Kyrgyz and/or Russian:
1) an application for obtaining a license according to the attached form (Appendix 1);
2) a protocol of the meeting of founders or a decision on the creation of a pawnshop (with one founder), containing:
the name of the pawnshop;
information on the founders and the size of the charter capital;
information on the approval of the charter;
information on the appointment to the positions of heads of executive bodies and the chief accountant;
3) in the presence of two or more founders, a charter agreement on the creation of a pawnshop, notarized;
4) the charter of the pawnshop (based on the Model Charter according to Appendix 2);
5) written confirmation from a commercial bank about the presence of monetary funds in the amount of not less than fifty percent of the declared charter capital of the created pawnshop, but not less than the minimum size of the charter capital established by the NBR, in the savings (deposit) account of the created pawnshop;
6) a notarized copy of the lease agreement for the premises or a document confirming the right of ownership or rights of possession and use of the occupied premises;
7) questionnaires for the head and chief accountant of the pawnshop (Appendix 3);
8) a document confirming the payment of the fee for consideration and issuance of the license;
9) for a founder - a legal entity: a certificate from the tax authorities on the absence of debt to the budget at the time of submitting the application.
2.3. The charter agreement on the creation of a pawnshop includes:
a provision on the obligation of the founders to create a pawnshop and the procedure for creating a pawnshop;
the procedure for managing the activities of the pawnshop;
the conditions for the participation of founders in the activities of the pawnshop;
the conditions for the distribution of profits of the pawnshop among the founders;
the conditions and procedure for the exit of founders from its composition;
information on the size of the charter capital;
information on the size of the shares of each of the founders in the charter capital;
a provision on the liability of participants for violation of the obligation to contribute to the capital;
other information provided for by legislation.
2.4. Founders of a pawnshop may be legal and natural persons whose participation is not prohibited by legislation. At the same time, founders - legal entities must be registered in the manner established by legislation, have a stable financial position, and fulfill obligations to the budget. Founders must have funds satisfying the requirements of the NBR for their contribution to the charter capital of the pawnshop.
2.5. Legal entities having a debt to the budget, regardless of any existing deferment for its payment, are not entitled to act as founders of a pawnshop.
2.6. The charter agreement must be signed by all founders of the pawnshop. The signature of a founder - a legal entity, must be certified by its seal. The signatures of founders - natural persons, must be notarized.
2.7. The charter must be approved by the meeting of founders (participants) and signed by the director of the pawnshop.
The chartering document of a pawnshop established by one person is the charter.
The applicant is responsible for the accuracy of the information indicated in the provided documents, in accordance with the legislation of the Kyrgyz Republic.
2.8. From the date of receipt of all necessary documents, the following are checked:
compliance of the provided documents with the requirements of this Regulation;
compliance of the head and chief accountant with the minimum requirements of the NBR to candidates for the position of head and chief accountant (Appendix 4);
the premises of the pawnshop for compliance with the minimum requirements of the NBR to the premises of the pawnshop (Appendix 5).
2.9. In case of compliance of the provisions indicated in paragraph 2.8 with the requirements of this Regulation, the NBR issues a letter of consent to register the pawnshop in the justice bodies with the attachment of one copy of the charter documents. The second copy of the charter documents of the pawnshop remains in storage at the NBR.
2.10. From the moment of issuance of the letter of consent to register the pawnshop in the justice bodies, the terms for consideration of documents are suspended until the submission of documents to the NBR after state registration of the pawnshop.
2.11. To obtain a license, after passing state registration in the justice bodies, the pawnshop submits to the NBR a letter with the attachment of the following documents:
1) the original and a notarized copy of the charter of the pawnshop, registered in the justice bodies;
2) a copy of the certificate of state registration.
2.12. After checking the completeness and compliance of the documents submitted by the applicant for obtaining a license, the license is drawn up in 2 copies in accordance with the established form (Appendix 6).
2.13. The license is signed by a person authorized by the Chairman of the NBR, or by a person performing his duties, and in regional administrations of the NBR - by the heads of regional administrations and certified by the seal of the NBR.
2.14. The term for consideration of documents for the issuance of a license, including the terms for consideration of documents for obtaining a letter of consent from the NBR, in total should not exceed 30 days.
2.15. The term for consideration of documents for the issuance of a license does not include the time spent by the applicant on refining documents (from the date of providing the letter of the NBR to the applicant on the return of documents for refinement).
2.16. The license is issued to the head of the pawnshop, upon presentation of a document confirming his identity. The license may be issued to another person upon submission to the NBR of a properly drawn up power of attorney issued by the pawnshop for obtaining a license.
2.17. Information on the issuance of a license is entered into a single registry of pawnshop licenses, which is maintained at the NBR.
Regional administrations of the NBR, after checking the completeness and compliance of documents submitted for obtaining a license, contact the authorized structural unit of the NBR to assign a license number and enter data into the single registry of pawnshop licenses.
2.18. In case of loss or damage of the original copy of the license, the pawnshop is obliged within 5 days from the day of loss (damage) of the license form to report this to the NBR and submit an application for obtaining a duplicate of the license. The pawnshop is obliged to publish an announcement in the all-republican newspaper about the loss and invalidity of the pawnshop's license, indicating the name of the pawnshop, the number and date of issuance of the license, the number and series of the license form. The application must indicate all the details of the lost or damaged license form, as well as the reasons for the loss (damage) of the license with the attachment of a copy of the published announcement.
2.19. A duplicate is issued within 5 days from the day of submission of the corresponding application by the pawnshop. The issued license must have a mark "Duplicate". In the event that the pawnshop discovers the lost original copy of the license, it is obliged to transfer it (or a duplicate) to the NBR for cancellation. When issuing a duplicate, a fee is charged in the amount and order established by the legislation of the Kyrgyz Republic.
2.20. The license of a pawnshop is inalienable. Rights arising from the license are not subject to transfer to third parties. Such a transfer leads to the withdrawal of the license with a ban on the activities of the pawnshop.
2.21. The term of validity of the license is unlimited.
2.22. License forms are documents of strict accounting and must be printed by typographic method, have a degree of protection.
3.1. In the event of making changes and additions to the charter documents of a pawnshop, the pawnshop is obliged to submit an application to the NBR for obtaining a letter of consent from the NBR to make changes and additions to the charter documents of the pawnshop. The charter documents of the pawnshop are subject to re-registration in the justice bodies in cases:
change in the size of the charter capital;
change in the corporate name or competence of management bodies specified in the charter documents;
change in the composition of participants (founders) of the pawnshop;
in other cases provided for by legislation.
3.2. To obtain a letter of consent from the NBR to make changes to the charter documents, the pawnshop provides to the NBR the following documents (originals) in 2 copies in Kyrgyz and/or Russian:
an application for making changes or additions to the charter documents;
a decision of the authorized body of the pawnshop on making changes and additions to the charter documents;
charter documents with changes made, certified in the established order in cases of making changes and additions requiring re-registration of the charter documents of the pawnshop;
or
3.3. All necessary documents for passing the procedure for re-registration (registration of changes) of its documents are provided by the pawnshop to the NBR within ten days from the day of adoption by the general meeting of participants of a decision on making changes and additions to the charter documents of the pawnshop.
3.4. The NBR considers the submitted documents within 30 days. If they comply with the requirements of legislation, the pawnshop is issued a letter of consent from the NBR to the justice bodies to make changes and additions to the charter documents of the pawnshop with the attachment of one copy of the original charter documents of the pawnshop. The second copy of the charter documents of the pawnshop remains in storage at the NBR.
3.5. The pawnshop, for the registration of changes and additions, submits to the justice bodies the documents provided for by legislation, together with the letter of the NBR on consent to make changes and additions to the charter documents of the pawnshop.
3.6. The pawnshop is obliged within 10 days after passing the procedure for re-registration (registration of changes and/or additions) of its charter documents in the justice bodies to submit to the NBR a letter-notification about re-registration (or registration of changes and/or additions) with the attachment of one copy:
1) the original of the charter documents of the pawnshop, passed re-registration in the justice bodies and their notarized copy; or charter documents with the attachment of changes and additions to them and their notarized copy;
2) a copy of the certificate of state re-registration.
3.7. In the event of a change in the corporate name, the pawnshop is obliged to reissue the license. To reissue the license, the pawnshop is obliged to go through the procedure of re-registration in the justice bodies in compliance with the requirements of this Regulation and submit to the NBR the following documents:
charter documents of the pawnshop, passed re-registration in the justice bodies, as well as their notarized copies;
a copy of the certificate of state re-registration of the pawnshop;
the original license of the pawnshop;
a copy of the document confirming the payment of the fee for reissuing the license.
3.8. In the event of a change in the location of the pawnshop, the pawnshop is obliged within ten days to submit an application to the NBR for reissuing the license with the attachment of the following documents:
the original decision of the authorized body of the pawnshop on changing the location of the pawnshop;
the original or a notarized copy of the lease agreement or a document establishing the right of ownership to the premises occupied by the pawnshop;
the original license of the pawnshop;
a copy of the document confirming the payment of the fee for reissuing the license.
3.9. The pawnshop notifies the justice bodies of a change in the location of the pawnshop in the manner established by the legislation of the Kyrgyz Republic. The premises of the pawnshop must meet the requirements of this Regulation. Before reissuing the license, the NBR has the right to check the premises of the pawnshop for compliance with the requirements of this regulation.
3.10. The NBR within five days from the date of receipt of all necessary documents carries out the reissuance of the license. When reissuing the license, a fee is charged in the amount established by the legislation of the Kyrgyz Republic.
3.11. In the event of the appointment (re-election) of new candidates for the head or chief accountant, the pawnshop sends to the NBR within ten days a copy of the properly drawn up decision of the pawnshop with the attachment of questionnaires of the candidates. In case of non-compliance of the newly appointed head or chief accountant of the pawnshop with the minimum requirements established by this Regulation, the NBR has the right to demand their replacement.
4.1. A pawnshop has the right to open its separate subdivisions - branches and representative offices in the territory of the Kyrgyz Republic.
4.2. Representative offices and branches must be indicated in the charter documents of the pawnshop.
4.3. To create a representative office or branch, the pawnshop must submit to the NBR charter documents to obtain a letter of consent for the registration of changes and additions, the following documents (originals) in 2 copies in Kyrgyz and/or Russian:
an application for making changes or additions to the charter documents;
a decision of the authorized body of the pawnshop on making changes and additions to the charter documents;
changes and additions to the charter documents, оформленные в виде приложения.
4.4. The NBR considers the submitted documents within 30 days. If they comply with the requirements of the NBR, the pawnshop is issued a letter of consent from the NBR to make changes and additions to the charter documents, with the attachment of one copy of the charter documents of the pawnshop. The second copy of the charter documents of the pawnshop remains in storage at the NBR.
4.5. In case of non-compliance of the submitted documents with the requirements of legislation, the NBR returns them to the applicant for elimination of non-compliance. The term for consideration of these documents does not include the time spent by the applicant on refining documents (from the date of providing the letter of the NBR to the applicant on the return of documents for refinement).
4.6. The pawnshop, for the registration of changes and additions, sends the above-mentioned and other documents provided for by legislation, together with the letter of consent from the NBR to the justice bodies.
4.7. The pawnshop is obliged within 10 days after the registration of changes and/or additions to documents in the justice bodies to submit to the NBR a letter-notification about the registration of changes and/or additions with the attachment of one copy of the original of the charter documents with the attachment of changes and additions to them and their notarized copy.
4.8. A branch (representative office) of a pawnshop is created by the decision of the corresponding management body of the pawnshop. The opening of a branch (representative office) of a pawnshop is of an application nature.
4.9. To open a branch or representative office, the pawnshop notifies the NBR and submits the following original documents in two copies in Kyrgyz or Russian:
an application for opening a branch or representative office, indicating the address of the branch or representative office;
a decision of the competent body of the pawnshop on the creation of a branch or representative office, on the appointment of the head of the branch (representative office);
an approved regulation on the branch or representative office of the pawnshop;
charter documents, with the attachment of changes and/or additions to them;
questionnaires for the head of the branch or representative office (Appendix 3);
a notarized copy of the lease agreement for the premises or a document confirming the right of ownership or rights of possession and use of the occupied premises (meeting the minimum requirements established in Appendix 5).
The notification is submitted together with the documents provided for in paragraph 4.3 of this Regulation.
4.10. The regulation on the branch or representative office of the pawnshop must contain at least the following information:
the name and location of the branch or representative office;
the name and location of the pawnshop, creating the branch or representative office;
the term of activity of the branch or representative office;
the purpose and powers of the branch or representative office;
the procedure for managing the branch or representative office;
the powers of the head of the branch or representative office;
the conditions for terminating the activities of the branch or representative office;
other information provided for by legislation.
The regulation on the branch or representative office is approved by the decision of the authorized body of the pawnshop and signed by the head of the pawnshop or a person appointed by the head of the branch or representative office of the pawnshop.
5.1. The applicant may be refused consideration of charter documents and issuance of a license in the following cases:
1) when carrying out a type of activity prohibited by legislation for pawnshops;
2) if there is a court decision regarding the executive officials of the pawnshop (head, chief accountant) prohibiting them from engaging in this type of activity, or from holding the corresponding positions in financial and credit institutions;
3) in case of non-compliance of the charter documents with the requirements of this Regulation or non-submission of documents required by this Regulation for obtaining a license;
4) non-payment of the fee for consideration of the application and issuance of the license;
5) detection in the documents provided by the applicant of unreliable information;
6) non-compliance of the premises of the pawnshop with the minimum requirements of the NBR (Appendix 5);
7) non-compliance of the head and/or chief accountant of the pawnshop with the minimum requirements of the NBR (Appendix 4).
5.2. In case of refusal to issue a license to the applicant, a reasoned response is given in writing within the time limits established for the issuance of the license. At the same time, one copy of the pawnshop's documents is not returned.
5.3. In case of refusal to issue a license, the fee for consideration of the application is not returned.
5.4. Upon elimination by the applicant of the reasons for refusal to consider documents,
ments and/or issuance of licenses, specified in subparagraphs 3, 4, 6, para. 5.1, the application is considered on general grounds without re-payment.
5.5. A decision to refuse issuance of a license may be appealed to the Chairman of the NBKR, as well as in the manner established by the legislation of the Kyrgyz Republic.
6.1. A pawnshop may cease its activities in accordance with the legislation of the Kyrgyz Republic. In this case, it is necessary to submit within 3 days to the NBKR a letter indicating the reasons for the cessation of the pawnshop's activities, the original license and its copies, if any, as well as a report on the pawnshop's activities up to the date of cessation of its activities.
6.2. The pawnshop is obliged:
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 13, 2007 No. 30/10)
6.3. The pawnshop is prohibited from:
For violation of the specified requirements and provisions of this Regulation, the pawnshop bears responsibility in accordance with the legislation of the Kyrgyz Republic.
6.4. The functions of compliance with the requirements of the Law of the Kyrgyz Republic "On Counter-Terrorism Financing and Combating the Legalization (Money Laundering) of Proceeds from Crime" must be assigned to one of the employees of the pawnshop, which must be documented in writing.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 13, 2007 No. 30/10)
7.1. Pawnshops must carry out cash operations in accordance with the procedure for carrying out cash operations in the Kyrgyz Republic.
7.2. Upon receipt from the client of the pledged item (pawn) at the pawnshop, the pawnshop employee is obliged:
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 13, 2007 No. 30/10)
8.1. For the purpose of regulation and supervision of pawnshop activities, the NBKR has the right:
8.2. In case of non-compliance with the established deadlines for preventive measures of the NBKR to eliminate violations of the requirements of this Regulation, as well as on the grounds provided for in para. 9.1 and para. 9.5 of this Regulation, the NBKR has the right:
8.3. Pawnshops are obliged to maintain the charter capital at a level not less than the minimum charter capital of the pawnshop established by regulatory acts of the NBKR. In case of its reduction below the size established by the NBKR, the pawnshop is obliged to take immediate measures to bring it into compliance with the minimum size established by the NBKR.
9.1. The NBKR has the right to suspend the action of the pawnshop's license for a period of up to 3 months in cases:
1) non-compliance with the legislation of the Kyrgyz Republic and regulatory acts of the NBKR;
2) non-compliance with the procedure for carrying out the activities of pawnshops;
3) systematic violation of cash discipline (two or more times within a year);
4) submission of unreliable reporting and information;
5) discovery of unreliable information in the documentation of the pawnshop;
6) non-compliance with the requirements of warnings and orders of the NBKR;
7) functioning of the pawnshop at an address not corresponding to that indicated in the license;
8) in other cases provided for by the legislation of the Kyrgyz Republic and corresponding regulatory acts of the NBKR.
9.2. Authorized employees of the NBKR during the inspection of the activities of the pawnshop have the right to seize the license with the composition of an act in case of discovery of violations providing for suspension or revocation of the license in accordance with the requirements of this regulation.
9.3. In the event of a decision by the NBKR to suspend the action of the license, the pawnshop is obliged to suspend its activities until receipt of an official notification of the resumption of the action of the license.
9.4. A decision on suspension/resumption of the action of the license is made by the head of the authorized structural unit of the NBKR, or by a person performing his duties, and in regional departments of the NBKR - by the heads of regional departments.
9.5. The NBKR has the right to revoke the license in cases:
1) carrying out by the pawnshop of operations not provided for by the license;
2) transfer of the license to third parties;
3) discovery of unreliable information on the basis of which the license was issued;
4) commission of repeated violations for which preventive measures and sanctions were taken (two or more times within a year);
5) repeated non-compliance with warnings and orders of the NBKR;
6) failure to eliminate within the established deadline violations of the requirements of the NBKR, for which a decision was made to suspend the action of the license;
7) carrying out activities during the period of suspension of the action of the pawnshop's license without official permission from the NBKR;
8) hindering the conduct or delaying the conduct of an inspection of the activities of the pawnshop;
9) failure to submit or untimely submission of financial and other reporting on the activities of the pawnshop;
10) in case of violation of the legislation of the Kyrgyz Republic on counter-terrorism financing and combating the legalization (money laundering) of proceeds from crime;
11) in other cases provided for by legislation.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 13, 2007 No. 30/10)
9.6. Revocation of the pawnshop's license is carried out by a person authorized by the Chairman of the NBKR, or by a person performing his duties, and in regions - by the heads of regional departments of the NBKR. The action of the pawnshop's license ceases from the moment of adoption of the decision on its revocation. The NBKR within 3 days from the moment of adoption of the decision notifies the pawnshop of the revocation of the license in a proper manner.
9.7. The license ceases to act in cases:
1) cessation of activities of the legal entity to which the license was issued;
2) revocation of the license from the pawnshop;
3) other cases provided for by legislation.
10.1. Pawnshops must carry out accounting of their operations and form financial reporting in accordance with the rules established by the NBKR.
10.2. (Lost force in accordance with the Resolution of the Board of the National Bank of the Kyrgyz Republic of December 27, 2003 No. 36/1)
10.3. (Lost force in accordance with the Resolution of the Board of the National Bank of the Kyrgyz Republic of December 27, 2003 No. 36/1)
11.1. A pawnshop may be liquidated in the following cases:
11.2. To undergo liquidation procedures in the justice bodies, the pawnshop is obliged to return to the NBKR the original of the license and its copies, if any, as well as a report on the activities of the pawnshop up to the date of cessation of its activities.
11.3. Upon receipt of the above documents, the NBKR presents to the pawnshop a letter for the justice bodies regarding the return of the license to the NBKR for the liquidation procedure in the manner established by legislation.
Appendix 1
NATIONAL BANK
OF THE KYRGYZ REPUBLIC
APPLICATION
I request to issue a license to the Limited Liability Company "______" for the operation of issuing short-term loans against movable property (pawn).
Additional information about the pawnshop:
Location: ______
Charter capital: ______
Full Name of the person authorized by the pawnshop for registration and receipt of the pawnshop's license: ______
Founders (Full Name or name of legal entity, address, phone, passport data):
I am familiar with the requirements of the NBKR imposed on the procedure for carrying out the activities of pawnshops.
(Full Name) (Signature)
"_" ______ 200 g.
Appendix 2
Standard Charter(*)
CHARTER
Limited Liability Company
Pawnshop "______"
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 13, 2007 No. 30/10)
1.1. Limited Liability Company Pawnshop "_______", hereinafter referred to as the Pawnshop, is created in accordance with the Civil Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "On Business Partnerships and Societies", current legislation, the Founding Agreement (if there is more than one founder), this Charter, is based on private property of the Founder(s) and carries out its activities in strict accordance with the requirements of the current legislation of the Kyrgyz Republic.
1.2. The Founder(s) of the Pawnshop are:
1.3. The Pawnshop has the name:
in Russian - Limited Liability Company Pawnshop ""; in Kyrgyz - Košumča Joopkerčiligí bar koöm "".
Short name:
in Russian - OsDO Pawnshop ""; in Kyrgyz - "" KZhbk.
1.4. The Pawnshop is a legal entity, has an independent balance sheet, stamp, round seal and forms with its name, current and other accounts in banking institutions of the Kyrgyz Republic and in foreign states. The Pawnshop has the right to dispose of its property, sell, acquire, lease, and also carry out other transactions not prohibited by legislation.
1.5. The Pawnshop has the right to create without forming a legal entity representative offices or branches and with formation of a legal entity - dependent and subsidiary societies.
1.6. Location of the Pawnshop - ______
1.7. The Pawnshop is responsible for its obligations with its property, against which enforcement may be executed in accordance with the laws of the Kyrgyz Republic. The Pawnshop is not responsible for the obligations of the state, its bodies and organizations.
1.8. Interference in the activities of the Pawnshop by other state and other bodies, as well as officials is excluded, except for cases provided for by the current legislation of the Kyrgyz Republic.
The state, its bodies and organizations are not responsible for the obligations of the Pawnshop.
In case of insufficiency of the property of the Pawnshop, the founder(s) is/are responsible for the obligations of the Pawnshop with his/their property in a multiple size from the contributed share.
2.1. The Pawnshop is tasked with solving the problems defined by this Charter and contributing to the gradual establishment, development and business cooperation of enterprises and organizations of all forms of ownership and organizational and legal forms, protecting the rights and legitimate interests of both the founder(s) and members of the labor collective. The goal of the activities of the Pawnshop is to obtain profit in accordance with the current legislation of the Kyrgyz Republic.
2.2. The Pawnshop has the right to carry out the following operations:
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 13, 2007 No. 30/10)
2.3. A pledge (pawn) contract for things at the Pawnshop is оформляется by issuing a pledge ticket by the Pawnshop, which has the force of a contract.
2.4. The Pawnshop independently establishes interest (annual) rates for the use of the loan.
2.5. The amount of assessment of the accepted pledged property is established by agreement of the parties.
2.6. Loans are issued by the Pawnshop mainly for a period of up to 3 months, unless otherwise established by the decision of the Founder (General Meeting of Founders).
2.7. In case of non-repayment of the loan issued against the pledge (pawn) of property within the established term, the Pawnshop, after the expiration of one month after the end of the loan (pawn) term, has the right on the basis of the executive inscription of a notary to realize the pledged property in the manner established for the realization of pledged property.
2.8. From the amount received from the sale of property, the issued loans with interest, expenses for the realization of the pledge (pawn) are repaid. The amount remaining after the repayment of loans with interest and expenses related to the realization of the pledged property is returned to the pledgor upon presentation of his pledge ticket. The claims of the Pawnshop to the debtor-pledgor are satisfied even if the amount received from the realization of the pledged property is insufficient for their full satisfaction.
2.9. The Pawnshop is obliged to insure at its own expense the things accepted in pledge (pawn) for their full assessed value. The Pawnshop has the right not to use and dispose of the pledged things until the arrival of the term determined by legislation in case of non-return of the loan.
2.10. The Pawnshop is responsible for the loss and damage of things held in pledge (pawn) or in storage in accordance with the current legislation, unless it proves that the loss or damage occurred due to force majeure.
For the above types of activities, for which permits are required, the Pawnshop carries out its activities on the basis of contracts, licenses issued by the corresponding ministries and departments, in accordance with the current legislation.
3.1. The funds of the Pawnshop are formed from fixed and working capital, as well as other values, the cost of which is reflected in an independent balance sheet.
3.2. The Founder(s) equip the Pawnshop with Charter capital in the amount of ______ som.
3.3. Increase of Charter capital is allowed after all contributions are made in full.
3.4. A decision on the reduction of the Charter capital of the Pawnshop is made by the Founder (General Meeting of Founders) of the Pawnshop.
3.5. Reduction of Charter capital is allowed after notifying all creditors.
3.6. Financial receipts of the Pawnshop are formed from:
monetary contributions of the founder(s); other sources not prohibited by current legislation.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 13, 2007 No. 30/10)
3.7. Profit received by the Pawnshop as a result of its economic activity for the year after payment of taxes, other payments and after deducting amounts directed to the creation and replenishment of funds of the Pawnshop, is used by the founder independently (distributed among its founders proportionally to their shares in the Charter capital).
3.8. The share of profit due to the founder is transferred to his account, or issued in cash, or transferred to him in goods or products, or distributed in another way.
3.9. The founder has the right to freely dispose of his share in the property of the Pawnshop at his own discretion.
3.10. The right to distribute property and monetary funds belongs only to the Founder (General Meeting of Founders).
3.11. The following funds are organized in the Pawnshop for the purpose of carrying out activities, into which net profit is distributed:
3.12. The founder has the right to sell or assign his share in the property of the Pawnshop, corresponding to his share in the Charter capital or part of it, to other founders or third parties.
3.13. The founder has the right to withdraw from the Pawnshop at any time, (regardless of the consent of other founders, notifying them in writing one month in advance).
3.14. The withdrawing founder is paid the cost of the part of the property corresponding to the share of this founder in the Charter capital. The founder is also paid the share of profit due to him received in the current year up to the moment of withdrawal.
Property transferred to the Pawnshop by the withdrawing founder for temporary use is returned to him in kind without remuneration.
4.1. Management of the Pawnshop is carried out in accordance with this Charter. The Pawnshop independently determines the management structure.
4.2. The highest body of management of the Pawnshop is the Founder (General Meeting of Founders).
4.3. The exclusive competence of the Founder (General Meeting of Founders) includes:
determination of the main directions of activities;
approval of the organizational structure of activities;
approval of plans and reports on their implementation;
change of Charter capital sizes;
change and addition to the Charter of the Pawnshop;
election of the audit commission, approval of its reports;
approval of annual reports and accounting balances;
determination of the procedure for distribution of profit and losses;
decision on issues of creation and liquidation of branches, representative offices, subsidiary business societies and dependent business societies, and other structural subdivisions, approval of Charters and regulations on them;
election of the executive management body;
approval of local regulatory acts of the executive body;
adoption of decisions on bringing the officials of the Pawnshop to property liability;
determination of the terms of remuneration for the officials of the Pawnshop, its
branches and representative offices;
adoption of decisions on the participation of the Pawnshop in other legal entities;
adoption of decisions on the termination of the activities of the Pawnshop, appointment
of a liquidation commission, approval of the liquidation balance sheet.
(If the Pawnshop has several founders, it is necessary to indicate the quorum
of founders present at the general meeting, the number of votes held by the founders, the
procedure for their decision-making, as well as the frequency and procedure for convening
general meetings).
4.4. The executive body of the Pawnshop is ______
(collegial - Directorate, Board or sole - Director, General Director). The executive body carries out the current management of the Pawnshop's activities and performs powers not attributed to the exclusive competence of the Founder (General Meeting of Founders). The executive body is endowed with the following powers:
founders);
dispose of the property of the Pawnshop, within the delegated powers;
acts without a power of attorney on behalf of and in the interests of the Pawnshop,
representing it in all organizations, institutions, societies, both in
the Kyrgyz Republic and abroad;
approves the staffing schedule of the Pawnshop;
issues orders and directives, which are mandatory for execution by all employees of the Pawnshop;
signs bills of exchange and other monetary obligations;
opens and closes current, currency and other accounts in banks;
issues powers of attorney;
enjoys the right to hire and dismiss employees of the Pawnshop, bring
them to disciplinary and material liability, moral
and material encouragement, establishes for them the procedure for receiving and
sizes of wages, within its competence issues orders,
directives, adopts management decisions mandatory for regular and irregular employees;
(In the event that a collegial executive body is established in the Pawnshop,
it is necessary to indicate the frequency, procedure for convening and conducting
meetings of this body, as well as the quorum of presence and procedure for
decision-making).
5.1. The Founder (founders) of the Pawnshop has the right to participate in
the management of the affairs of the Pawnshop, participate in the distribution of profit,
leave the Pawnshop at any time, transfer his powers at the General
Meeting of Founders to another founder (for a Pawnshop with several
founders), receive in case of liquidation of the Pawnshop part of the property,
remaining after settlement with creditors, or its value, pledge
and sell, transfer by inheritance his share in the property of the Pawnshop in
accordance with the legislation and constituent documents.
5.2. The Founder (founders) of the Pawnshop are obliged to make contributions in the
order, sizes, methods and deadlines provided for by the constituent
document (for a Pawnshop with several founders) and the Charter, not to disclose
confidential information about the activities of the Pawnshop, execute
voluntarily assumed obligations towards the Pawnshop,
refrain from actions that may cause harm to the Pawnshop, or otherwise
adversely affect its activities.
Founders have other rights and obligations in accordance with the laws
of the Kyrgyz Republic.
5.3. The Pawnshop has the right:
entities, as well as individual persons;
communicate with representatives of foreign institutions, organizations,
as well as with foreign citizens;
and by order transactions and operations, including foreign trade and
bill of exchange with associations, organizations and citizens;
create branches and representative offices;
in accordance with the current labor legislation of the Kyrgyz
Republic;
exhibitions, symposia and seminars, publish advertising literature;
electronic communication;
(founders);
5.4. The Pawnshop is obliged to comply with the legislation of the Kyrgyz
Republic, not to violate the rights and freedoms of other legal and natural persons.
5.5. The Pawnshop may have and bear other rights and obligations
provided for by normative legal acts of the Kyrgyz Republic.
6.1. The Pawnshop carries out operational and accounting accounting of the results
of its activities; keeps statistical reporting in the form established by the state statistics bodies and bears responsibility for its accuracy.
6.2. Quarterly and annual reports on profit and loss, balance sheet and
the amount of profit are audited by the audit commission and approved by the Founder
(General Meeting of Founders) of the Pawnshop.
6.3. Control over the financial and economic activities of the Pawnshop
is carried out by the audit commission,
appointed by the Founder (General Meeting of Founders) not less than once a year.
6.4. State control over the legality of the activities of the Pawnshop
is carried out by state bodies (financial, law enforcement
bodies, tax inspectorate, etc.) in the manner established by law.
6.5. At the request of the Founder (any of the founders), an
audit of the annual financial statements of the Pawnshop may be conducted with
the involvement of a professional auditor not connected by property
interests with the Pawnshop.
7.1. The Pawnshop terminates its activities by liquidation or
reorganization.
7.2. Reorganization (merger, accession, division, separation,
transformation) is carried out by decision of the Founder (General Meeting of
founders) of the Pawnshop.
At the same time, the entire set of rights and obligations passes to its
successor.
7.3. Liquidation of the Pawnshop occurs by decision of the Founder (General
Meeting of Founders) of the Pawnshop or by court decision.
7.4. Liquidation of the Pawnshop may also be carried out in the event
of its recognition as bankrupt in the established order or revocation of the license by the
National Bank of the Kyrgyz Republic.
7.5. For the liquidation of the Pawnshop, the Founder (General Meeting of
founders) or the body that adopted the decision on liquidation creates a liquidation
commission, which enjoys during its work all the rights of the Pawnshop.
7.6. Funds available in the Pawnshop, including proceeds from
the sale of its property during liquidation, after settlement for labor
payments to employees, satisfaction of creditors' claims on obligations,
secured by pledge, fulfillment of obligations to the budget and other
creditors are subject to transfer to the Founder (division among the founders
of the Pawnshop in proportion to their share in the authorized capital).
7.7. Liquidation is considered completed, and the Pawnshop ceases its
activities from the moment of entry of the record of termination of activities into the State Register.
7.8. Documents arising during the activities of the Pawnshop, in case
of liquidation are stored and used in accordance with the Law of the Kyrgyz
Republic "On the National Archive Fund of the Kyrgyz Republic".
The Charter is signed by the Head of the Pawnshop, appointed by the General
Meeting of Founders (for a Pawnshop with several founders) or the Founder
(for a Pawnshop with one founder).
Note:
(*) This Model Charter is used as a sample and may
not take into account individual features when preparing the Charter of a pawnshop.
Appendix 3
QUESTIONNAIRE
candidate for ______ | |
(proposed position) | |
______ | |
______ ------
(name of the pawnshop) (for photo)
Date and place of birth ______
Passport series ______ number ______
issued by ______ date of issue ______
Citizenship ______
Home address, phone number according to documents ______
Home address, phone number of actual place of residence at the
moment ______
Marital status ______
Education ______
(higher, incomplete higher,
secondary special, secondary)
diploma No. ______ date of issue ______
issued by ______
| Name of educational | Faculty | Year of | Year of | If not | Specialty |
|---|---|---|---|---|---|
| institution and its | or | enrollment | graduation | finished, then | according to |
| location | department | how many courses | the diploma | ||
| studied | obtained | ||||
| ----------------- | --------- | ------ | ----- | -------------- | ------------- |
| ----------------- | --------- | ------ | ----- | -------------- | ------------- |
Training at courses
|Seminar or course| Organizer | Place | Date | Presence |
| or courses | of seminar | of attendance | of attendance | of certificate |
|---|---|---|---|---|
| -------------- | ------------- | ------------- | ------------- | ------------ |
Total work experience ______
including in the financial or economic sphere ______
|Date of entry|Date of exit|Position held|Name of institution, |Reason for|
| into work | location | leaving | ||
|---|---|---|---|---|
| ---------------- | ---------- | ----------- | --------------------- | ------- |
legal entities, as an employee or member of which you are.
| Name of organization | Location | Position held |
| of organization | ||
|---|---|---|
| ------------------------ | -------------------- | ----------------------- |
existing family ties with employees of the pawnshop,
connection with persons or companies controlling the pawnshop, all mutual
obligations and contracts, etc.
activity.
other financial and credit institutions,
which are in the process of bankruptcy or have ceased their
activities due to bankruptcy
(if yes, then indicate the name of the bank or
financial and credit institution, the position you held)
NBKR ______
I, ______,
(surname, first name, patronymic)
confirm that the above information is true and
complete, and undertake to further provide the NBKR with information about all
changes that have occurred in it. I acknowledge that in the event of omissions and
errors on my part, this may serve as grounds for refusal
in the approval of the recommended position, as well as entail further
application of sanctions against me and the pawnshop in accordance with the legislation of the Kyrgyz Republic.
______ "___" ______ y.
(signature)
Appendix 4
MINIMUM REQUIREMENTS
of the National Bank of the Kyrgyz Republic
for candidates for the position of head
and chief accountant of a pawnshop
NBKR, in order to reduce possible risks in the activities of
pawnshops, establishes minimum requirements for candidates for the following positions:
a) Head;
b) Chief accountant (accountant if the position of chief accountant is not in the staff).
Requirements for candidates.
a) presence of higher or secondary special education (presence
of confirming documents);
b) absence of a court decision prohibiting engagement in this type of
activity.
a) presence of specialized training in accounting issues
(IFRS, IAS) in financial and credit institutions (presence of confirming
documents);
b) absence of a court decision prohibiting engagement in this type of
activity.
Candidates for the position of head and chief accountant must
meet the qualification requirements established by the
National Bank of the Kyrgyz Republic.
Appendix 5
MINIMUM REQUIREMENTS
of the National Bank of the Kyrgyz
Republic for the premises of a pawnshop
organization, hotel, airport and other premises must be isolated
from the personnel and clients of the above organizations, and the service of
clients must be carried out only through the cash window of the pawnshop.
located building, a room with a separate entrance in non-residential buildings
or an apartment in a residential building, there must necessarily be metal grilles on
the windows and entrance metal doors. Issuance and return of loans are
produced in the premises of the pawnshop only through the cash desk of the pawnshop.
the cash during the operation - locked from the inside.
(safe) for storing money and documents of the pawnshop.
must be carried out in a separate isolated room of the pawnshop. At the end of the working day, the doors
in this room and the cash desk of the pawnshop must be locked with a key and sealed
with the seal of the pawnshop. Access to this room to persons not having
relation to the work of the pawnshop is prohibited.
in fireproof metal cabinets (safes).
made of precious metals into pledge,
the presence of an isolated room for storing other types
of pledges in the pawnshop is not mandatory.
metal cabinets (safes) and the seal of the pawnshop are kept by the director or accountant, to whom
it is forbidden to leave them in agreed places, transfer to third
persons, or make unaccounted duplicates.
for carrying out activities: scales and weights that have passed state
verification for standardization and are allowed to work (in the event
of acceptance of items made of precious metals into pledge), telephone.
clients, the following information must be posted:
abbreviated name of the pawnshop;
working hours of the pawnshop;
license of the pawnshop;
information for clients on the procedure and terms of issuing loans.
Appendix 6
NATIONAL BANK OF THE KYRGYZ REPUBLIC
LICENSE No. ______
from "___" ______ 20XX year
Issued to ______
(name of the pawnshop)
Location of the pawnshop: ______
(country, region, settlement,
street, house, apartment)
Certificate of state registration ______
(series, number)
issued by ______ Identification code: ______
(date of issue, issued by)
This license gives the pawnshop the right to engage in activities for
issuing short-term loans in the national currency against pledged movable
property (pledge).
The Pawnshop has the right to carry out its activities in premises meeting
the requirements of the National Bank of the Kyrgyz Republic and only by
address specified in this license. Change of name and location
of the pawnshop entails reissuance of the license at the National Bank of
the Kyrgyz Republic.
The Pawnshop is obliged to insure at its own expense the pledged property (pledge)
for the full amount of their valuation. Weighing of the weight of the pledge of precious metals
is carried out using scales and weights that have passed state
verification in the standardization bodies.
The Pawnshop in accordance with this license does not have the right:
immovable property;
through public announcement, advertising, auctions and other
methods on terms of term, repayability and cost, and use
these funds to carry out its activities;
of the pawnshop;
of participants (except in cases of increasing capital at the expense of monetary funds
of participants).
The license is valid on the territory of the Kyrgyz
Republic. The license is non-transferable and is not subject to transfer to third parties. Such
transfer entails withdrawal of the license with prohibition of activities of the pawnshop.
The term of validity of the license is unlimited.
(Official of NBKR) (signature) (Full Name)
Seal
Appendix 7
STANDARD FORM OF PLEDGE RECEIPT
name and address of the pawnshop, TIN code
PLEDGE RECEIPT No.
"_" ______ 200 y.
Accepted from citizen ______
Full Name of pledgor
Passport series ______ No. ______
issued by ______ "_" ______ 19 y.
Name of the subject of the pledge (pledge) ______
individual-generic characteristics of the subject of the pledge (pledge)
Amount of the pledge (pledge) ______
Interest for the use of the loan (annual) ______
Term of the pledge (pledge) ______
Return date ______
Amount of loan repayment ______
signature of the pledgor signature of the receiver
Familiar with the terms of the pawnshop ______
date and signature of the pledgor
Appendix 8
name and address of the pawnshop, TIN code
Register of pledges (pledges)
| Full Name | Amount | Date | Type | General | Date | Date | Note | Signatures |
|---|---|---|---|---|---|---|---|---|
| of pledgor | of pledge | of issue | of pledge | information | of repayment | of repayment | of accountant | |
| on the pledge | of the pledge | and cashier | ||||||
| ------- | ------- | ------- | ------ | -------- | --------- | ------ | ---- | ------- |
Appendix 9
Information on loans (thousand som)
| Name | Reporting | Previous |
| period | period | |
|---|---|---|
| 1. Loans issued to clients | ||
| 2. Loans repaid by clients | ||
| 3. Loans received by the pawnshop in CB and FCI |
|4. Return of loans by the pawnshop to the CB and FCU | | |
Information on applied interest rates (annual)
|Reporting period| Loans | Issued for term |
| period | |------|
| | | 0-1 month | 1-3 months |3-6 months |
| | |------|------|------|
| | |Amount|Rate|Amount|Rate|Amount|Rate|
|--------|---------------------|-----|------|-----|------|-----|------|
| |Loans to individuals | | | | | | |
| |persons | | | | | | |
|--------|---------------------|-----|------|-----|------|-----|------|
| |Loans to legal entities | | | | | | |
| |persons | | | | | | |
Appendix 9a
Information on operations conducted with clients
REGISTRATION
JOURNAL
Journal for registration of information on operations with clients
|Operation|Type of|Amount of|Client's|Passport | Individual's | Individual's |
| performed|operation(1)| operation |name/|number, | residence | place of stay |
| day/Date| |amount/Sum |Surname|issued|address of the|address of the|
| committed| |of operation |of client|date|physical person|physical person|
| operation| | | |of passport| | |
| | | | |, date| | |
| | | | |of issue| | |
|--------|-----------|---------|-------|--------|----------|----------|
|--------|-----------|---------|-------|--------|----------|----------|
|--------|-----------|---------|-------|--------|----------|----------|
Signature of the responsible employee of the pawnshop/
Signature of the responsible employee of the pawnshop ______
Signature of the head of the pawnshop/
Signature of the head of the pawnshop ______
Note/Remark:
(1) - type of operation: taking a loan or buying out the pledge/ type of operation: obtaining a loan or buying out the pledge.
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“recognize the following Resolutions of the Board of the National Bank of the Kyrgyz Republic as having lost force: ... No. 4/3 dated February 19, 2003”
“On Amendments and Additions to the Resolution of the Board of the National Bank of the Kyrgyz Republic of February 19, 2003 No. 4/3”
Amended 2 times · last 2009-10-14
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