Procedure for replacing the collateral

Dear Scholars and Pledgers!

To replace the subject of pledge, the owner of the proposed/previous real estate or an authorized person to perform these actions on the basis of a notarized power of attorney must apply to the office of the Center (the form is attached in the section “Samples of documents”), and attach the following documents to the application:

1) the original report on the assessment of the new (proposed) and previous (current) subject of pledge (the assessment report is valid for 6 months);

2) if at the time of acquisition of real estate the owner was married - the original notarized consent of the spouse for the pledge and extrajudicial sale, as well as a notarized copy of the marriage certificate and a photocopy of the identity card (the form is attached in the section “Samples of documents”);

3) if at the time of acquisition of real estate the owner was not married - an original notarized statement about this (the form is attached in the section “Samples of documents”);

4) the original notarized statement of consent from the owner(s) of real estate for the pledge and out-of-court sale, if the pledge agreement is concluded by power of attorney (the form is attached in the section “Samples of documents”);

In accordance with paragraph 3 of Article 163 of the Civil Code of the Republic of Kazakhstan, the Fellow cannot act as a trustee in concluding the Pledge/Guarantee Agreement/s concluded in his interests.

5) original notarized power of attorney from the owner (in case the owner will not sign the pledge agreement) (the form is attached in the “Samples of documents” section). If the owner of the property is a minor - the original certificate (consent) from the guardianship and trusteeship authority (Education Department) for the pledge of real estate, as well as a copy of the birth certificate of the minor owner of the property;

6) certificate of registered rights (encumbrances) to new and previous real estate and its technical characteristics (form 2).

Please pay your attention!

Applications are accepted in the personal presence of the owner of the proposed/previous real estate or an authorized person to perform these actions on the basis of a notarized power of attorney.

When considering your application to replace the collateral, the Center takes into account the following criteria:

1) cost;

2) qualitative and quantitative characteristics;

3) geographical location.

The period for consideration of the Application for replacement of the collateral is 15 working days.

The pledge agreement is concluded and signed by the parties only in Astana.

The pledge agreement, after signing by both parties, is subject to registration with the NJSC “Government for Citizens” (hereinafter referred to as the PSC) at the location of the real estate. After registration, 1 (one) copy of the Pledge Agreement must be returned to the Center with the provision of a certificate/s about the registered rights (encumbrances) to real estate and its technical characteristics (Form 2).

In accordance with paragraph 3 of Article 163 of the Civil Code of the Republic of Kazakhstan, the Fellow cannot act as a trustee in concluding the Pledge/Guarantee Agreement/s concluded in his interests.

Note: If the documents of title for the previous subject of pledge are stored in the archives of the Center and the owner cannot pick them up in person, then the documents are issued under a power of attorney to receive the original documents of title issued to an attorney (the form is attached in the section “Samples of documents”).

Address location of the Center's Office: index 010000, RK, Astana city, Yesil district, Syganak street, 70.

Opening hours from 9.00 to 18.30, lunch break from 13.00 to 14.30.