YUST  /  Press-center  /  Analitics

Regarding the charge of non-documentary securities extrajudicially

Yulia Karpova, Lawyer of the Law Firm "YUST", explained to the readers of the “Mergers and Acquisitions” magazine (No.5/2103) the problems of charging non-documentary securities.

In 2008, amendments to the legislation significantly simplified the procedure of charge of the property pledged under an agreement between businessmen, and many companies have started resorting to the extrajudicial procedure of the charge since then. The procedure of such settlement is not regulated in detail, and many questions arise. For example, if it is possible to charge the pledged non-documentary securities extrajudicially. If yes, is there a need to contact a notary?

The court practice on said questions has not yet fully formed. The author criticizes a recent resolution of the supervisory instance on one of such disputes while relying on the explanations by the HCA of Russia and pledge legislation.

See the full text –

Back to list