1. Is notarisation required and are fees payable? | Yes. In relation to a pledge over participatory interests in a limited liability company the notarisation requirements are mandatory.
In relation to a mortgage the notarisation is required only when the lender would like to benefit from out-of-court enforcement procedure.
In relation to a share pledge / a pledge over movables / a pledge over stock-in-trade / a pledge over intellectual property the notarisation is recommended.
In relation to a pledge over participatory interests, the notary’s fees vary from RUB 1,500 (approx. EUR 21) to RUB 150,000 (approx. EUR 2,070) depending on the transaction value (i.e. the value of the participatory interest subject to pledge).
In relation to a mortgage / a pledge over movables / a pledge over stock-in-trade / a pledge over intellectual property the notary’s fees depend on the transaction value (i.e. the value of the property subject to mortgage / pledge) and in any case do not exceed RUB 500,000 (approx. EUR 6,900). |
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2. Do the following securities / deeds require to be registered in the local Real Property Register and what fees are payable? |
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2.1 Pledge over participatory interests | No. |
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2.2 Pledge over shares | No. |
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2.3 Pledge over bank accounts | No. |
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2.4 Pledge over movable property / contractual rights | No. |
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2.5 Pledge over stock-in-trade | No. |
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2.6 Pledge over intellectual property | No. |
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2.7 Mortgage | Yes. The Unified State Register of Immovable Property fees are set in the amount of RUB 1,000 (approx. EUR 14) for individuals and of RUB 4,000 (approx. EUR 55) for legal entities. |
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2.8 Mortgage over an enterprise | Yes. The Unified State Register of Immovable Property fees depend on the value of the enterprise and are equal to 0.1% of its value but in any case no more than RUB 60,000 (approx. EUR 830). |
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2.9 Independent Guarantee / Surety | No. |
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2.10 Subordination of claims | No. |
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3. Do the following securities / deeds require to be registered in the local Movable Property Register and what fees are payable? |
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3.1 Pledge over participatory interests | No. |
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3.2 Pledge over shares | No. |
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3.3 Pledge over bank accounts | Yes. The Register of Pledges over Movable Property fee is equal to RUB 600 (approx. EUR 8). |
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3.4 Pledge over movable property / contractual rights | Yes. The Register of Pledges over Movable Property fee is equal to RUB 600 (approx. EUR 8). |
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3.5 Pledge over stock-in-trade | No. |
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3.6 Pledge over intellectual property | No. |
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3.7 Mortgage | No. |
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3.8 Mortgage over an enterprise | No. |
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3.9 Independent Guarantee / Surety | No. |
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3.10 Subordination of claims | No. |
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4. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? |
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4.1 Pledge over participatory interests | Yes. The Unified State Register of Legal Entities fee is part of the notary’s fees (please refer to para 1 above). |
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4.2 Pledge over shares | No. |
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4.3 Pledge over bank accounts | No. |
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4.4 Pledge over movable property / contractual rights | No. |
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4.5 Pledge over stock-in-trade | No. |
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4.6 Pledge over intellectual property | No. |
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4.7 Mortgage | No. |
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4.8 Mortgage over an enterprise | No. |
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4.9 Independent Guarantee / Surety | No. |
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4.10 Subordination of claims | No. |
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5. Do the following securities / deeds require to be registered at the local Registers of Intellectual Property and what fees are payable? |
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5.1 Pledge over participatory interests | No. |
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5.2 Pledge over shares | No. |
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5.3 Pledge over bank accounts | No. |
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5.4 Pledge over movable property / contractual rights | No. |
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5.5 Pledge over stock-in-trade | No. |
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5.6 Pledge over intellectual property | Yes. The Federal Service on Intellectual Property Register fees and the Ministry of Agriculture Register fees vary from RUB 1,320 (approx. EUR 18) to RUB 13,500 (approx. EUR 190) and depend on (i) the intellectual property subject to pledge; and (ii) an applicant’s residence. |
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5.7 Mortgage | No. |
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5.8 Mortgage over an enterprise | No. |
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5.9 Independent Guarantee / Surety | No. |
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5.10 Subordination of claims | No. |
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6. Do the following securities / deeds require to be registered at the local Register of Significant Information on the Activities of Legal Entities and what fees are payable? | Please note that failure to register the pledge in the Unified Federal Register of Significant Information on the Activities of Legal Entities involves the administrative liability only and has no impact on the priority of pledges. Also, the provisions requiring companies to submit the information on pledges into the Register are new and now it is difficult to predict how they will apply in practice. |
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6.1 Pledge over participatory interests | Yes. The Unified Federal Register of Significant Information on the Activities of Legal Entities fees are set by the operator of the Register in its rules and policies. |
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6.2 Pledge over shares | Yes. The Unified Federal Register of Significant Information on the Activities of Legal Entities fees are set by the operator of the Register in its rules and policies. |
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6.3 Pledge over bank accounts | Yes. The Unified Federal Register of Significant Information on the Activities of Legal Entities fees are set by the operator of the Register in its rules and policies. |
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6.4 Pledge over movable property / contractual rights | Yes. The Unified Federal Register of Significant Information on the Activities of Legal Entities fees are set by the operator of the Register in its rules and policies. |
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6.5 Pledge over stock-in-trade | Yes. The Unified Federal Register of Significant Information on the Activities of Legal Entities fees are set by the operator of the Register in its rules and policies. |
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6.6 Pledge over intellectual property | Yes. The Unified Federal Register of Significant Information on the Activities of Legal Entities fees are set by the operator of the Register in its rules and policies. |
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6.7 Mortgage | No. |
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6.8 Mortgage over an enterprise | No. |
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6.9 Independent Guarantee / Surety | Yes. The Unified Federal Register of Significant Information on the Activities of Legal Entities fees are set by the operator of the Register in its rules and policies. |
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6.10 Subordination of claims | No. |
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