Елизавета Камзина - Diffusion value of the pledge. Collector activity

To determine the value of the collateral the credit institution or by the borrower draws an independent appraiser, which is an agreement by which he undertakes, using their professional knowledge and experience, with the support of appraisers offer an informed opinion on the value of the car.

If you are not achieving the result in finding a buyer for the vehicle privately, the car passed specializing in buying and selling automobiles organization, accompanied by the transfer condition, the contract of the host organization and the owner of the car. Under the agreement, trade organizations committed to responsibly keep and maintain a marketable car periodically publish in the media about the desire and the conditions of his exclusion, the owner shall pay the fee for the service.

Banks engage in various ways to protect their rights, the degree of non-uniform validity and feasibility. One common measure is the withdrawal of passports of vehicles, vehicles transferred as collateral for the credit obligations of the borrowers [21] Нестин С. Российское автокредитование: проблемы залоговых правоотношений // Корпоративный юрист. № 7. 2009. . The owner of the collateral, the car is a borrower under the terms of the loan agreement the vehicle passport is stored in the client's management of the bank in the region to provide free cash. In the case of separation of ownership from the process of implementation of the car they used the mechanism of the power of attorney granting authority to another person to enter into relationships on the use, ownership and disposition of the vehicle.

Of course we all know about the physics of “communicating vessels” – except if it is initially filling level is different, then it is aligned with their connection, and after separation of the return to the previous conditions gradually become different again. People tend to consume the material and spiritual goods, which, in turn, produces humanity and, with the help of nature. Turnover before the emergence of consumer demand, production, distribution, consumption, etc. For the rational allocation requires equal sharing, in view of existing expertise, someone bakes bread, and someone makes boots. Without going into details of economic theory, simply denote that the exchange takes place through cash flow, which are produced equivalent benefits. That is, money is a synthetic element promotes circulation of material and spiritual wealth, like a catalyst in chemical reactions. Operators are money lending institutions that conduct banking transactions, particularly credit. That is, provide a sum of money to the borrower for a fee in advance on condition of repayment and maturity. Operations conducted by credit institutions subject to internal accounting and external control by the Central Bank, as the banks are the operators of financial flows, whose total volume is equivalent to the aggregate public goods, the transparency of their activities is very significant for the society and state. Instead of providing cash, a credit institution takes account of property of similar or greater extent.

If you have any mortgage agreed by the parties of the contract value of the mortgaged property transferred by the mortgagee or the mortgagor left, is reflected in off-balance account 008, “Guarantees received” [22] Шубенко М. Реализация предметов залога // Финансовая газета. Региональный выпуск. № 22. 2006. .

If the collateral is transferred by the pledge to the pledge, he is advisable to have an inventory card for the property received, indicating that the property is pledged, by analogy with the procedure established by section 14 of the Guidelines on accounting of fixed assets [23] Приказ Минфина РФ от 30.03.2001 № 26н «Об утверждении Положения по бухгалтерскому учету «Учет основных средств" ПБУ 6/01» (в ред. от 24.12.2010) // Российская газета, № 91-92, 16.05.2001. .

The subject of pledge transferred to the pledgee, the pledger remains in the property (par. 2 art. 335 Civil Code), so returning it does not happen and the implementation of the obligation to pay value added tax does not arise (subpar. 1 par. 1 art. 146, par. 1 art. 39 Tax Code).

The cost of the collateral is returned to the pledger, in the expenses is not included, since it does not get recognized as income (subpar. 2, par. 1 art. 251 Tax Code).

Property received in bail, remains the property of the mortgagor, regardless of whether it is the mortgagor or mortgagee in. Upon termination of the contract agreed by the parties pledge of the pledged assets is deducted from the off-balance account 008, “Guarantees received”. On the off-balance account 008 reflects the emergence and cessation of collateral, not a physical receipt and return of the collateral. Consequently, the write-off amount of collateral may be made by the pledgee before the return of the collateral mortgagor. If the collateral, the pledgee who was, they were wound up inventory card, then return information about the depositor of the collateral should also be reflected in the card.

If mortgaged property were purchased by the mortgagee, in this case, secured by the pledge to the pledger shall be counted (in whole or in part) in repayment of obligations to pay for purchased assets (par. 6 art. 350 Civil Code).

Implementation of the auction of the collateral owned by the depositor, not recorded mortgagee. At the date of receipt of funds from the auction organizer mortgagee makes an entry in the debit account 51 “Settlement Account” in correspondence with a score of 76 “Calculations with various debtors and creditors”. Crediting amounts received in arrears the mortgagor (collateralized) reflects account charged to 76 in correspondence with the credit account, where the number of specified debt (sub 58-3 “Loans receivable”).

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Концепция развития гражданского законодательства Российской Федерации // Вестник ВАС РФ. № 11. 2009.

Яскевич Я.С. Методология и этика в современной науке: поиск открытой рациональности. – Минск: БГЭУ. 2007. – С. 33.

Рассказова Н.Ю. Залог движимого имущества // Меры обеспечения и меры ответственности в гражданском праве: сборник статей / рук. авт. кол. и отв. ред. М.А. Рожкова. М.: Статут, 2010. С. 8.