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A new service for the pass-through searching of information about encumbrances over movable property launched on the Gosuslugi Portal

15.05.2020
5 min read
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Pepeliaev Group advises of the launch of a new service for the pass-through search for information in the register of notifications of encumbrances over movable property and in the register of the Federal Resource[1]

On 11 May 2019, amendments came into force to the Fundamental Principles of the Legislation of the Russian Federation on Notaries[2] and the Federal Law “On state registration of legal entities and individuals entrepreneurs”[3] aimed at simplifying access for users of the unified portal for state services (“UPSS”) to information regarding encumbrances on movable property[4].

Purposes of the service

The new online service has been created to simplify users’ access to the federal state information system “The Unified Portal for State and Municipal Services (Functions)” (“UPSS”) to information relevant for consummating transactions with movable property that is contained in two existing public registers:

The function of a pass-through search for information on encumbrances in both registers is being introduced at https://www.gosuslugi.ru on the UPSS official website. In other words, the new UPSS functionality has actually united two public registers that contain basic information about encumbrances over movable property.

The Law introducing the amendments[6] obligates operators to ensure that such information is provided from both registers, while informational interaction between operators and UPSS is established under agreements between the relevant operators and the UPSS operator.[7]

A pass-through search for information about security interests (encumbrances) increases the stability of pledge relationships and allows for risks of property fraud to be mitigated and for a better assessment of risks in general. It also ensures that parties to business transactions are fully informed.

comment.jpgPlease note that when a user applies to the register of notifications about pledged movable property that can be accessed via UPSS he can obtain notarised extracts which courts admit as proper evidence of due care of a buyer of property with respect to which the extract was obtained.

How the new service works

With the new service of pass-through search, the following public information can be found at UPSS:

  • about a pledge of movable property owned by a legal entity (including information about a pledge of transport vehicles)[8];
  • about a leasing agreement that has been concluded[9];
  • about a sale and purchase of movable property when the seller retains ownership of such property.

Information can be searched as follows:

- by the identity of persons who provided a security, specifically if such security was provided by

  • a legal entity - by its name, taxpayer’s identification number (abbreviated in Russian as INN) and principal state registration number (abbreviated in Russian as OGRN);
  • an individual entrepreneur - by his full name, INN and individual entrepreneur's principal state registration number (abbreviated in Russian as OGRNIP);
  • an individual - by name, INN and personal pension account number (abbreviated in Russian as SNILS);

- by a description and identifiers of the property or obligation with respect to which information was entered;[10]

- by the date relevant information was posted on the Internet.

comment.jpg

Please be reminded that a person that provided a security means

  • a pledgor - with respect to a pledge;
  • a lessee - with respect to a lease agreement concluded;
  • a buyer - with respect to information about a sale and purchase where the seller retains ownership.


Help from your adviser

Pepeliaev Group’s lawyers are keeping track of changes in connection with the current epidemiological situation and are ready to provide integrated legal support and advice on how to choose the best solution for business on any legal matters.



[1] EFRSFDYuL (the same as EFRS, or the Federal Resource) means the Unified Federal Register of Legally Relevant Information Regarding the Business of Legal Entities, Individual Entrepreneurs and other Business Entities

[2] The Fundamental Principles of the Legislation of the Russian Federation on Notaries (as approved by the Russian Supreme Court’s Resolution No. 4462-1 dated 11 February 1993)

[3] Federal Law No. 129-FZ “On the state registration of legal entities and individual entrepreneurs” dated 8 August 2001

[4] Amendments to the above legal instruments were introduced by Federal Law No. 307-FZ “On amending article 34.4 of the Fundamental Principles of the Legislation of the Russian Federation on Notaries and article 7.1 of the Federal Law “On the state registration of legal entities and individual entrepreneurs” dated 12 November 2019

[5] This register has been functioning since 1 July 2014 under Federal Law No. 379-FZ “On amending certain items of the legislation of the Russian Federation” dated 21 December 2013

[6] Articles 1-2 of Federal Law No. 370-FZ “On amending article 34.4 of the Fundamental Principles of the Legislation of the Russian Federation on Notaries" and article 7.1 of the Federal Law “On the state registration of legal entities and individual entrepreneurs” dated 12 November 2019

[7] The Russian Ministry of Digital Development, Communications and the Mass Media is the UPSS operator

[8] Article 7.1(7)(1) of Federal Law No. 129-FZ “On the state registration of legal entities and individual entrepreneurs” dated 8 August 2001

[9] Article 10(3) of Federal Law No. 164-FZ “On financial leases (leasing)” dated 29 October 1998.

[10] Such identifiers include:

for property - a description, including digital and letter designation or their combination;

for the obligation - the name, conclusion date and number of agreement or another transaction under or out of which the obligation arises

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