The form of the document “Loan agreement with a guarantee” refers to the heading “Loan agreement, loan receipt”. Save a link to the document in in social networks or download it to your computer.

Loan agreement with a guarantee

[place of conclusion of the contract] [date of conclusion of the contract]

[Full name of the legal entity], hereinafter referred to as the "Lender", represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], on the one hand and

[full name of the legal entity], hereinafter referred to as the "Borrower", represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], on the other hand, and collectively referred to as the "Parties", have concluded genuine contract about the following:

1. The Subject of the Agreement

1.1. Under this agreement, the Lender transfers to the ownership of the Borrower funds in the amount of [amount and currency Money], and the Borrower undertakes to repay the Lender the loan amount and pay interest on it.

1.2. The loan is provided for a period of [insert as appropriate].

1.3. The loan provided under this agreement is secured by a guarantee.

2. Rights and Obligations of the parties

2.1. The borrower is obliged:

Return to the Lender the received loan amount after the expiration of the period specified in clause 1.2 of this agreement;

Ensure the fulfillment of its obligation to the Lender.

2.2. The Borrower has the right, with the consent of the Lender, to repay the loan amount ahead of schedule.

2.3. The Lender is obliged to provide the Borrower with the borrowed funds within [term] from the date of signing this agreement.

2.4. The Lender has the right to receive interest from the Borrower on the loan amount in the amount and in the manner specified by this Agreement.

3. Interest under the agreement

3.1. For the use of the loan, the Borrower shall pay interest to the Lender on the amount of the loan in the amount of [amount and currency of funds].

3.2. Interest for the use of the loan is paid monthly no later than [day] of each month in equal amounts until the day the loan amount is repaid.

3.3. In case of early fulfillment of the obligation, interest is paid [only for the period of actual use of the loan or for the entire period specified in the agreement].

4. Liability of the Borrower

4.1. In the event of a delay in the fulfillment of the obligation in terms of the return of the loan amount, interest on this amount shall be paid interest for the use of other people's funds, in the manner and amount provided for in paragraph 1 of Article 395 Civil Code, from the day when it was supposed to be returned until the day it was returned to the Lender, regardless of the payment of interest provided for in paragraph 3.1 of this agreement.

5. Securing the contract

5.1. The guarantor under this agreement is [F. I. O. or name].

5.2. The Guarantor undertakes to be responsible to the Lender for the fulfillment by the Borrower of his obligations during the entire period for which the loan was issued (clause 1.2 of this agreement).

5.3. In case of default or improper performance by the Borrower of the obligation to repay the loan, the Guarantor and the Borrower shall be liable to the Lender [jointly and severally or subsidiarily].

5.4. The Guarantor is liable to the Lender to the same extent as the Borrower, including the payment of interest, reimbursement of legal costs for debt collection and other losses of the creditor caused by the debtor's failure to perform or improper performance of the obligation.

5.5. The Guarantor is entitled to raise objections against the Lender's claim that the Borrower could present. The Guarantor does not lose the right to these objections even if the Borrower waives them or acknowledges his debt.

5.6. The Guarantor who has fulfilled the obligation shall transfer the rights of the creditor under this obligation and the rights that belonged to the Lender as a pledgee, to the extent that the Guarantor satisfied the Lender's claim. The Guarantor is also entitled to demand from the Borrower the payment of interest on the amount paid to the Lender and compensation for other losses incurred in connection with the liability for the Borrower.

5.7. The suretyship terminates with the termination of the obligation secured by it, as well as in the event of a change in this obligation, entailing an increase in liability or other adverse effects for the Guarantor, without his consent.

5.8. The suretyship is terminated with the transfer to another person of the debt under the obligation secured by the suretyship.

5.9. The guarantee shall terminate if the Lender refuses to accept the proper performance offered by the Borrower or the Guarantor.

5.10. The guarantee shall terminate upon the expiration of the period specified in the guarantee agreement for which it was given.

6. Final provisions

6.1. This agreement is considered concluded from the moment the money is transferred to the Borrower.

6.2. The loan amount is considered returned at the time of crediting the relevant funds to the Lender's bank account.

6.3. Any changes and additions are valid if their written form is observed.

6.4. This agreement is made in three authentic copies - for the Lender, the Borrower and the Guarantor.

6.5. In everything that is not provided for in this Agreement, the Parties are guided by current legislation.

7. Details and signatures of the Parties

Lender [fill in]

Borrower [fill in]

[Position of the person signing the contract] [personal signature] [initials, surname]

Guarantor [fill in]

[Position of the person signing the contract] [personal signature] [initials, surname]

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in a person acting on the basis of , hereinafter referred to as " Creditor”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Guarantor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. This Agreement is an integral part loan agreement No. dated ""2020, according to which the Lender provided the Borrower (aka the Debtor) with a loan in the amount of rubles until ""2020.
2. The Guarantor undertakes to the Lender to bear (solidary or subsidiary) liability for the fulfillment by the Borrower of its obligations under the above loan agreement and to compensate the Lender in case of untimely fulfillment by the Borrower of its obligations:
   • received loan amount in the amount of rubles;
   • interest for using a loan in the amount of rubles or without specifying the amount;
   • a penalty in the amount of rubles;
   • losses of the Creditor;
   • the liability of the Guarantor is limited to the amount of the issued loan and interest on it;
   • The Guarantor's liability is limited limit amount rubles.
3. The obligations stipulated by clause 2 of this agreement must be fulfilled by the Guarantor within days from the date of receipt of a notice from the Lender about the violation by the Borrower of its obligations to repay the loan.
4. The Guarantor, who has not fulfilled the requirements of clause 3 of the Agreement on time, is obliged to pay the Lender a penalty in the amount of % of the amount to be reimbursed for each day of delay.
5. When changing the terms of the loan agreement in terms of reducing the fee for the loan, the amount of claims against the Guarantor in case of default by the Borrower of its obligations is reduced accordingly.
6. The Creditor who has received satisfaction in full or in part of his claims from the Borrower is obliged to immediately notify the Guarantor of this.
7. If the Borrower fulfills the obligations secured by the surety, and the Guarantor, regardless of the Borrower, fulfills the obligation, then in accordance with Art. 366 of the Civil Code of the Russian Federation, the Guarantor has the right to recover from the Creditor what was received unjustifiably.
8. All rights of the Lender shall be transferred to the Guarantor who has fulfilled the obligations for the Borrower. The latter in this case is obliged to transfer to the Guarantor all the documents certifying the claims against the Borrower, and the rights that ensure these claims, as well as confirmation that the Borrower (Debtor) has been notified in writing of the transfer of the Creditor's rights to the Guarantor.
9. Disputes between the parties are considered in the Arbitration Court of the city.
10. This agreement comes into force from the date of crediting the funds transferred by the Lender to the current account of the Borrower.
11. This agreement terminates:
    • with the termination of the loan agreement secured by the guarantee;
    • in the event of a change in the terms of the loan agreement, entailing an increase in liability or other adverse consequences for the Guarantor, without his consent;
    • if the Guarantor does not give consent to the Creditor to be responsible for the new Debtor in the event of a debt transfer;
    • if the Lender refuses to accept due performance offered by the Borrower or Guarantor;
    • after the expiration of the specified period in the surety agreement for which it is given;
    • if no deadline has been set and if the Creditor does not file a claim against the Guarantor within a year from the date of the due date for the performance of the secured loan agreement;
    • if the deadline for the performance of the main obligation is not specified, cannot be determined by the moment of demand and if the Creditor does not bring a claim against the Guarantor within two years from the date of conclusion of the surety agreement.

When a company takes out a loan from a bank, one of the forms of collateral is collateral. Also, often under a surety agreement, a third party is involved, who will be responsible for fulfilling the obligation together with the borrower. The guarantor may bear joint or several liability. To prepare for the transaction, use the sample contract.

In this article:

Sample surety agreements

When counterparties enter into any transaction, they use different ways. For example, they indicate what penalty the violator will pay. Or one party receives a deposit from the other against future payments. One of the ways to ensure is a surety. A guarantee agreement can be combined with a pledge, which increases the guarantee of timely execution.

The rules on the suretyship agreement are present in. Typically, this method of security is used when concluding loan agreements - for example, loan agreements with a bank. But the law does not require that this construction be used only in loan transactions. According to the Civil Code, counterparties have the right to conclude a guarantee agreement to secure obligations:

• monetary or non-monetary;
• already existing or those that will arise in the future (clause 1 of article 361 of the Civil Code of the Russian Federation).

A surety agreement is a document that confirms that one party (guarantor) undertakes to be liable to the other party (creditor) for the debtor's obligation. That is, if the debtor makes a delay, the creditor has the right to demand performance from the guarantor. The creditor has the right to sign an agreement both with the organization and with individual. But in business practice, companies are most often involved as guarantors, since the solvency factor matters.

The agreement is concluded between two parties: the guarantor and the creditor. But counterparties have the right to include the debtor in the contract as a third party. This will allow fixing in one document the terms of two transactions at once: between the guarantor and the creditor, the guarantor and the debtor. Otherwise, the debtor must sign with a guarantor separate document, in which to stipulate all the conditions of cooperation.

Regardless of the number of parties, the transaction is executed in writing. Otherwise, the contract will not be valid (Article 362 of the Civil Code of the Russian Federation). Compliance with the form is an imperative requirement of the law. Recognition of the guarantee agreement as invalid may occur for various reasons, including due to violation of the form.

For example, the creditor demanded payments from the guarantor, since the debtor under the leasing agreement did not fulfill its obligations. The defendant stated that he did not enter into the disputed contract. A handwriting examination showed that the documents were signed by an unidentified person. The cassation noted that without the signature of authorized persons, the requirement of a mandatory written form cannot be considered fulfilled. The contract was declared invalid ().

Another reason for declaring such contracts invalid in judicial practice is a violation of the procedure for approval of the guarantee as big deal or related party transactions.

For example, a guarantor company has entered into an agreement with a bank. The debtor defaulted and the company paid the bank. Subsequently, the company went to court, as the transaction with the bank was large, but did not pass the established approval procedure. The plaintiff demanded a refund. The courts declared the disputed contract invalid and ordered the bank to pay the company the required amount ().

When concluding a suretyship agreement, specify the nature of the responsibility of the surety

The subject of the transaction is the obligation of the guarantor to take responsibility for the fulfillment by the debtor of the main obligation. According to the Civil Code, a guarantee agreement must necessarily contain a reference to the main agreement (clause 3, article 361 of the Civil Code of the Russian Federation). It should be clear from the agreement who is the debtor and what obligation is provided. If there is no such reference, the terms will not be deemed to have been agreed. That is, the contract is recognized as not concluded. The subject belongs to the essential terms of the surety agreement.

The contract lists:

1. For what obligation of the debtor is the guarantor liable to the creditor?
2. What is the scope of this responsibility: in whole or in part (clause 2 of article 363 of the Civil Code of the Russian Federation).
3. What is the nature of the responsibility. By law, the guarantor assumes joint and several liability with the debtor, however, the parties may make a condition on subsidiary (clause 3 of article 363 of the Civil Code of the Russian Federation). In the second case, the creditor may demand performance only after he has not received it from the debtor. In both cases, the guarantor has the right not to fulfill obligations until a set-off of claims is possible between the creditor and the debtor (clause 2, article 364 of the Civil Code of the Russian Federation).
4. What is the duration of the surety agreement? In practice, a time limit may not be determined. In this case, the agreement will become invalid one year after the deadline for fulfilling the main obligation has come, but the creditor has not turned to the guarantor (paragraph 6 of article 367). Early demand for performance does not affect the term of the guarantee.

Before signing a guarantee agreement, pay attention to the conditions for its termination (Article 367 of the Civil Code of the Russian Federation). The guarantee ends together with the main obligation. If the debtor was liquidated, but the creditor managed to demand performance, the guarantee continues to operate. The same is true for reorganization (clause 4, article 367 of the Civil Code of the Russian Federation). But if the debt is transferred to a third party, the guarantor has the right to refuse to answer for this obligation. The refusal must be notified in advance (clause 3 of article 367 of the Civil Code of the Russian Federation). Also, the contract will cease to be valid if the creditor himself refused to accept proper performance (clause 5, article 367 of the Civil Code of the Russian Federation).

Document type: Guarantee agreement

Document file size: 9.5 kb

The surety agreement obliges a third party to be liable for the fulfillment of obligations by the borrower. It is concluded by the creditor and the guarantor. There are no separate sections in it, all conditions are set out in a list. Paper is an addition to loan agreement, which is the moment when funds are provided to the borrower.

What is included in the guarantee document?

The registration number and the date of drawing up the loan agreement, which is the main one, as well as the loan amount are indicated. According to the contractual terms, the guarantor, if the borrower fails to fulfill its obligations, must reimburse:

• the amount lent;
• interest accrued for the period of use of funds;
• forfeit;
• creditor's losses.

It is important that the document clearly indicates the maximum amount to which the liability of the third party is limited. Further, the deadlines for the fulfillment of obligations by the guarantor are specified. Here are the penalties for non-compliance.

Features of the agreement

The document provides that in the conditions of a decrease in the fee for a loan, the number of claims decreases. In case of full or partial satisfaction of the needs of the creditor, he is obliged to inform the guarantor about this, having done this immediately.

When the guarantor fulfills all the obligations of the borrower, the rights of the creditor pass to him. Accordingly, he receives documents certifying this. All disputes between the parties are resolved in arbitration.

Surety agreement form (standard form)

Sample surety agreement (standard form) (filled out form)

Download Surety agreement (standard form)

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GUARANTEE AGREEMENT No.

in a person acting on the basis of , hereinafter referred to as " Creditor”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Guarantor”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. This Agreement is an integral part of the loan agreement No. from "" of the year, under which the Lender provided the Borrower (aka the Debtor) with a loan in the amount of rubles up to "" of the year.
2. The Guarantor undertakes to the Lender to bear (solidary or subsidiary) liability for the fulfillment by the Borrower of its obligations under the above loan agreement and to compensate the Lender in case of untimely fulfillment by the Borrower of its obligations:
   • received loan amount in the amount of rubles;
   • interest for using a loan in the amount of rubles or without specifying the amount;
   • a penalty in the amount of rubles;
   • losses of the Creditor;
   • the liability of the Guarantor is limited to the amount of the issued loan and interest on it;
   • the liability of the Guarantor is limited to the maximum amount of rubles.
3. The obligations stipulated by clause 2 of this agreement must be fulfilled by the Guarantor within days from the date of receipt of a notice from the Lender about the violation by the Borrower of its obligations to repay the loan.
4. The Guarantor, who has not fulfilled the requirements of clause 3 of the Agreement on time, is obliged to pay the Lender a penalty in the amount of % of the amount to be reimbursed for each day of delay.
5. When changing the terms of the loan agreement in terms of reducing the fee for the loan, the amount of claims against the Guarantor in case of default by the Borrower of its obligations is reduced accordingly.
6. The Creditor who has received satisfaction in full or in part of his claims from the Borrower is obliged to immediately notify the Guarantor of this.
7. If the Borrower fulfills the obligations secured by the surety, and the Guarantor, regardless of the Borrower, fulfills the obligation, then in accordance with Art. 366 of the Civil Code of the Russian Federation, the Guarantor has the right to recover from the Creditor what was received unjustifiably.
8. All rights of the Lender shall be transferred to the Guarantor who has fulfilled the obligations for the Borrower. The latter in this case is obliged to transfer to the Guarantor all the documents certifying the claims against the Borrower, and the rights that ensure these claims, as well as confirmation that the Borrower (Debtor) has been notified in writing of the transfer of the Creditor's rights to the Guarantor.
9. Disputes between the parties are considered in the Arbitration Court of the city.
10. This agreement comes into force from the date of crediting the funds transferred by the Lender to the current account of the Borrower.
11. This agreement terminates:
    • with the termination of the loan agreement secured by the guarantee;
    • in the event of a change in the terms of the loan agreement, entailing an increase in liability or other adverse consequences for the Guarantor, without his consent;
    • if the Guarantor does not give consent to the Creditor to be responsible for the new Debtor in the event of a debt transfer;
    • if the Lender refuses to accept due performance offered by the Borrower or Guarantor;
    • after the expiration of the specified period in the surety agreement for which it is given;
    • if no deadline has been set and if the Creditor does not file a claim against the Guarantor within a year from the date of the due date for the performance of the secured loan agreement;
    • if the deadline for the performance of the main obligation is not specified, cannot be determined by the moment of demand and if the Creditor does not bring a claim against the Guarantor within two years from the date of conclusion of the surety agreement.

LEGAL ADDRESSES AND BANKING DETAILS OF THE PARTIES

Creditor

• Legal address:
• Mailing address:
• Phone fax:
• TIN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

Guarantor

• Legal address:
• Mailing address:
• Phone fax:
• TIN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

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The most serious document among all civil law agreements is the pledge agreement. Its subject, content and form are regulated by many articles of the Civil Code of the Russian Federation. The conclusion of such an agreement mandatory step your actions if you want to take a mortgage, apply for a mortgage loan in a bank and in other similar cases. Pledge is a way to secure the fulfillment of an obligation, which allows the pledgee to achieve satisfaction at the expense of the pledged property. It is regulated not only by the Civil Code of the Russian Federation, but also by two federal laws: “On pledge” and “On mortgage (mortgage of real estate)”.

The concept of a pledge agreement and its form A pledge agreement is an agreement between a bank (called the pledgee) and a borrower (called the pledger). By virtue of this agreement, the pledgee under the obligation secured by the pledge is entitled, if the borrower fails to fulfill this obligation, to receive satisfaction at the expense of the pledged property. At the same time, he has an advantage over other creditors of the owner of the property (mortgagor), with some exceptions established by law. The text of the contract must contain the following essential conditions: subject of pledge; Evaluation of items; Basic information about the main obligation; Which party owns the mortgaged property? The form of the pledge agreement must be in writing. Notarized written form of real estate pledge agreement and pledge movable property or rights to it is required if the main contract is concluded in a notarial form. Pledge agreement real estate(mortgage) must pass state registration. The law may provide for the recording or registration of a pledge agreement and pledges by operation of law certain types movable property. Failure to comply with the provisions on the form of the contract, as well as the fact state registration testifies to its invalidity only in cases stipulated by law or contract. Pledge agreement. Subject and parties to the contract One of the essential conditions of the pledge agreement is the subject of the pledge agreement. The subject of a pledge may be movable or immovable property, as well as existing or future rights to something. In general, the subject of a pledge agreement is property transferred by the pledgor to secure an obligation, for example, things and property rights. However, in accordance with paragraph 1 of Article 336 of the Civil Code of the Russian Federation, the pledge of certain types of property may be somewhat limited or prohibited. The parties to the pledge agreement are the pledgee and the pledgor. At the same time, not only the debtor himself, but also a third party can be a pledgor (paragraph 1 of Article 335 of the Civil Code of the Russian Federation). In addition, the pledgor must be the owner of the thing or a person who has the right of economic management over it. A pledgor is a person who provides property to secure obligations. mortgagee – This is a person who accepts this property in order to secure his right to claim. The parties to the pledge agreement are not only individuals, but also legal entities. Incapable or partially capable persons do not have the right to be parties to a pledge agreement, and if a party to the agreement is entity, then it must be valid. The main elements of a pledge agreement Subject of the contract. The subject of pledge (property that is pledged) provides for the definition of its name, quantitative and qualitative characteristics and other features that allow individualization of this property, distinguishing it from the mass of similar things. If the subject of the pledge is property rights, then it must be determined what specific rights are pledged, what their content is, what obligations they arise from, etc. Contract time. It is obligatory to set a deadline for the fulfillment of the obligation, which is secured by a pledge. There must be a specific start date of the contract, and the end date is the day of full fulfillment of obligations. The procedure for transferring the subject of pledge. It is determined that the subject of pledge is transferred to the pledgee, and its delivery is carried out by means and forces of the pledgor. When transferring the subject of pledge to the pledgee, a bilateral act of acceptance and transfer of the subject of pledge must be drawn up. Rights and obligations of the parties. The pledger has the right: Require the mortgagee to provide necessary measures on the safety of the subject of pledge. Check according to the documents and in fact the presence, quantity, storage conditions and condition of the pledged item, which is held by the pledgee. Demand compensation from the pledge holder for damages caused by damage or loss of the subject of pledge, in repayment of obligations secured by the agreement. At any time, demand termination of the contract or early fulfillment of the obligation in case of improper storage or use by the pledgee of the subject of pledge. Change the subject of pledge with the written consent of the pledgee. With the consent of the pledgee, transfer to a third party the rights to the subject of pledge with the transfer to the principal debt to a new pledger. The pledger is obliged: Pay taxes, fees and other payments due from him as from the owner (possessor) of the subject of pledge. Guarantee that at the time of the conclusion of the contract, the subject of the pledge is not collateral for other obligations prior to the contract, and is free from the rights of third parties. The pledgee has the right: If the amount received from the sale of the subject of pledge is insufficient to cover the claims of the pledgee, to receive the missing amount from other property of the pledger. Get insurance compensation for the loss or damage of the collateral in the absence of fault. Transfer your rights under the contract to another person by assigning the right to claim. In the absence of fault in the occurrence real threat loss or damage to the collateral, require replacement of the collateral. The mortgagee undertakes: Do not use collateral. ensure the measures necessary for the safety of the subject of pledge, including for the purpose of protecting it from the claims and encroachments of third parties. Immediately notify the pledgor of the occurrence of a real threat of loss or damage to the subject of pledge. After fulfillment by the pledgor of the obligation secured by the contract, immediately return the subject of pledge to him. Conditions for foreclosure on the subject of pledge. It is determined that foreclosure on the pledged property is the derivation by the creditor of satisfaction from the value of the pledge in conditions when the debtor does not fulfill the obligation guaranteed by the corresponding pledged property. Foreclosure may be made under the following conditions: the debtor has not fulfilled the obligations guaranteed by the pledge; the pledgor improperly fulfilled the obligations secured by the pledged property. The debtor himself or a third person who is a pledgor may, at any time before realization collateral from public auction to stop the recovery procedure. To do this, the pledger must do one of two things: fully repay the obligation, which is guaranteed by the pledge agreement; to fulfill that part of the obligation in respect of which he made a delay. Responsibility of the parties. It is envisaged that the parties are liable for non-fulfillment or improper fulfillment of their obligations under the contract and in accordance with the law Russian Federation. The penalty under the contract can be paid only on the basis of a written and justified request of one of the parties. Grounds and procedure for termination of the contract. It is noted that in accordance with Article 352 of the Civil Code of the Russian Federation, a pledge agreement is terminated: in connection with the termination of the main obligation; in case of gross violation by the pledgee of the obligations stipulated by the agreement when selling the subject of pledge at a public auction or if it turned out to be impossible to sell it; at the request of the pledgor, if the pledged property may be lost or damaged; as a result of the destruction of the subject of pledge, if the pledgor did not use his right to replace the subject of pledge. In case of termination of the pledge due to the fulfillment of the obligation. secured by a pledge, or at the request of the pledger, the pledgee who had the pledged property must immediately return it to the pledger. Resolution of disputes from the contract. It is noted that the parties are required to submit a claim procedure pre-trial settlement disputes from the contract. The parties send claim letters by registered mail with acknowledgment of receipt to the addressee. The term for consideration of the claim letter is determined. In all other respects that are not provided for by the contract, the parties must be guided by the current legislation of the Russian Federation. Force Majeure. It is noted that the parties are not responsible for partial or complete failure to fulfill obligations under the contract in cases where the reason for the failure to fulfill obligations was force majeure. Force majeure circumstances include: earthquakes, floods, fires, strikes, wars, actions of public authorities and others. The party for which the performance of its obligations has become impossible shall immediately notify the other party of the force majeure circumstances and provide supporting documents. The parties acknowledge that their insolvency is not considered a force majeure event. Addresses and details of the parties. Passport data and addresses of both parties must be given. Pledge agreement template PLEDGE AGREEMENT MOVABLE PROPERTY "___" __________ y. ____________________ Hereinafter we refer to ___ as the “Pledger”, represented by __________, acting ___ on the basis of ____________, on the one hand, and ______________, hereinafter referred to as the “Pledgee”, represented by ____________, acting ___ on the basis of ________, on the other hand, collectively referred to as the “Parties”, and individually, the “Party”, have entered into this agreement (hereinafter referred to as the Agreement) as follows. 1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS 1.1. In accordance with the Agreement _____________ N _____ dated "___" __________ _____ (hereinafter referred to as the Agreement __________ N ______), the Pledgor has an obligation to the Pledgee __________ (the essence of the obligation is indicated, for example: “for payment for the goods”, “for the return of the loan amount and interest”) in the amount of _____ (__________) rubles, including VAT _____ (__________) rubles. (or"NDS is not appearing" (in particular, if the obligation arises from the Loan Agreement)). The term for fulfilling the obligation under the Agreement __________ N _____: _________________________. 1.2. In order to secure the fulfillment of the obligation named in clause 1.1 of the Agreement, the Pledgor pledges to the Pledgee the following property: _________________________(the name and individual characteristics of the pledged property are indicated) (hereinafter referred to as the Subject of Pledge). 1.3. The subject of the pledge belongs to the Pledgor (choose one) - on ownership, - on another real right, which is confirmed by _________________________________ (the details of the title documents or other documents that can confirm the ownership right (other real right) to the subject of pledge are indicated), and guarantees that at the time of conclusion of the Agreement, the Subject of the Pledge is not in dispute or under arrest, has not been pledged under another agreement and is not encumbered with other rights of third parties. 1.4. The cost of the Subject of Pledge is: _____ (__________) rubles, which ensures the requirement of the Pledgee (choose one) - V in full by the time of its satisfaction, including, but not limited to, the amount of debt, interest, penalties, reimbursement of collection costs. — in the following part: _________________________ (indicates the amount of the Pledgee's claims that can be satisfied at the expense of the value of the Subject of Pledge). 1.5. Subject of pledge (choose one) — may be replaced with the consent of the Pledgee. — is not subject to replacement, except as provided by law. 2. POSSESSION OF THE PLEDGE. CONTENT AND SAFETY OF THE SUBJECT OF THE PLEDGE 2.1. Subject of pledge (choose one) — remains with the Pledgor. In this case, the pledge of the Pledgee arises from the moment of conclusion of the Agreement. - is transferred to the Pledgee under the act of acceptance and transfer, which is an integral part of the Agreement. In this case, the pledge of the Pledgee arises from the moment of signing the Act of acceptance and transfer of the subject of pledge (movable property) (Appendix No. 1). The subject of pledge must be transferred, and the Certificate of acceptance and transfer of the subject of pledge (movable property) is signed no later than _______ (____________) working days from the date of signing the Agreement. In case of delay in the transfer of the Subject of Pledge, the Pledgee has the right to demand from the Pledgor payment of penalties in the amount of ___________ (indicated lump sum or a percentage of the value of the Subject of Pledge (clause 1.4 of the Agreement)) for each day of delay. 2.2. The risk of accidental loss or accidental damage to the Subject of Pledge shall be borne by (choose one) - Pawnbroker. - The mortgagee. (Clause 2.3 is included in the Agreement if the Subject of Pledge is transferred to the Pledgee / otherwise the subsequent numbering of the clauses should be changed) 2.3. The Pledgee shall be liable for the loss of the Subject of Pledge transferred to him in the amount of his market value, and for damage to the Collateral - in the amount by which this value has decreased. The pledgee shall be released from the said liability if he proves the absence of his guilt. (Clause 2.4 is included in the Agreement if the Parties are interested in insuring the Subject of Pledge (Clause 1, Clause 1, Article 343 of the Civil Code of the Russian Federation) / otherwise, the subsequent numbering of clauses should be changed) 2.4. The obligation to insure the Subject of Pledge against the risks of loss and damage is borne by (select the one you need depending on which of the Parties has the Subject of Pledge) - Pawnbroker. - The mortgagee. The subject of pledge is insured at the expense of (choose one) — pledger — Pawnee in the amount of _____(By general rule sum insurance compensation cannot be lower than the amount of the obligation secured by the pledge (clause 1 clause 1 article 343 of the Civil Code of the Russian Federation)). 3. FOREWORDING THE SUBJECT OF PLEDGE 3.1. Enforcement of the Subject of Pledge is carried out (choose one) - By the tribunal's decision. - out of court. 4. TERMINATION OF PLEDGE 4.1. The pledge is terminated from the moment of full fulfillment of the obligation secured by the pledge specified in clause 1.1 of the Agreement, or on other grounds provided for in clause 1 of Art. 352 of the Civil Code of the Russian Federation. (included in the Agreement if the Subject of Pledge is transferred to the Pledgee (clause 2.1 of the Agreement)) The subject of the pledge shall be returned to the Pledgor after the fulfillment of the obligation secured by the pledge under the Act of return of the subject of pledge (movable property) (Appendix No. 2), which is an integral part of the Agreement. 5. DISPUTES RESOLUTION 5.1. All disputes related to the conclusion, execution, interpretation, amendment and termination of the Agreement, the Parties will resolve through negotiations. 5.2. In case of failure to reach an agreement through negotiations, the interested Party sends a written claim signed by an authorized person. Claims can be submitted in any of the following ways: — by registered mail with acknowledgment of receipt; - courier delivery. In this case, the fact of receipt of the claim must be confirmed by the receipt of the Party in its receipt. The receipt must contain the name of the document and the date of its receipt, as well as the surname, initials, position and signature of the person who received this document. 5.3. The claim must be accompanied by documents substantiating the requirements of the interested Party (if the other Party does not have them) and documents confirming the authority of the person who signed the claim. These documents are submitted in the form of copies certified by the person who sent them. If the claim is sent without documents confirming the authority of the person who signed it, then it is considered not presented and is not subject to consideration. 5.4. The Party to which the claim is sent is obliged to consider it and notify the other Party of the results in writing within ______ (______) working days from the date of receipt of the claim. 5.5. If the dispute is not settled in the complaint procedure or the answer to the claim is not received within the specified period, the dispute in accordance with Art. 35 of the Arbitration Procedure Code of the Russian Federation is transferred to arbitration court location of the defendant. 6. FINAL PROVISIONS 6.1. Unless otherwise provided by the Agreement, notices and other legally significant messages (hereinafter referred to as messages) are sent by the Parties by facsimile, e-mail or other method of communication, provided that it allows you to reliably establish who the message came from and to whom it is addressed. Messages entail civil legal consequences for the Party to which they are sent, from the moment these messages are delivered to the specified Party or its representative. Such consequences also arise in the case when the message was not delivered to the addressee due to circumstances depending on him (clause 1, article 165.1 of the Civil Code of the Russian Federation). 6.2. In everything that is not regulated by the Agreement, the Parties are guided by the legislation of the Russian Federation. 6.3. The Agreement is made in two copies, one for each of the Parties. 6.4. Attached to the Agreement: - The act of acceptance and transfer of the subject of pledge (movable property) (Appendix N 1) ; – Act of return of the subject of pledge (movable property) (Appendix N 2)(if the Subject of the Pledge is transferred to the Pledgee (clause 2.1 of the Agreement)) ; — ________________________________. 7. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES Pledgor Pledgee Name: ______________________ Name: ____________________ Address: _____________________________ Address: ___________________________ Phone/Fax:_______________________ Phone/Fax:_____________________ Email:__________________ Email:________________ OGRN _______________________________ OGRN _____________________________ TIN ________________________________ TIN ______________________________ Checkpoint ________________________________ Checkpoint ______________________________ R/s ________________________________ R/s ______________________________ in __________________________________ in ________________________________ C/s ________________________________ C/s ______________________________ BIC ________________________________ BIC ______________________________ at the place of stay of the pledged property: a) a fixed pledge, a pledge of goods in circulation - without the transfer of property; b) pledge, pledge in a pawnshop - with the transfer of the pledged property. on the subject of pledge (pledge of rights and pledge of property); in relation to the pledged property to the land: a) pledge of movable property; b) pledge of immovable property (mortgage). A special type of pledge is the so-called subsequent pledge. This happens when property that is already pledged is included as a security for other claims as a subject in another pledge agreement.