Article 303. Types of collateral of the Civil Code of the Republic of Kazakhstan

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1. A mortgage is a type of collateral in which the mortgaged property remains in the possession and use of the mortgagor or a third party.

The subject of a mortgage may be enterprises, buildings, buildings, structures, apartments in an apartment building, vehicles, space objects, goods in circulation and other property that has not been withdrawn from civil circulation.

Separable fruits can be the subject of a mortgage only if they do not become the object of the rights of a third party from the moment of separation. Mortgages of enterprises, buildings, buildings, structures, apartments in an apartment building, vehicles and space objects are subject to registration with the authorities that register such objects.

2. A pledge is a type of pledge in which the pledged property is transferred by the pledgor into the possession of the pledgee.

With the consent of the pledgee, the subject of the pledge may be left with the pledgor under the lock of the pledgee. The subject of the pledge may be left in the possession of the pledgor with signs indicating the pledge (a firm pledge).

3. When pledging rights, the subject of the pledge is property rights that can be alienated, in particular, lease rights to enterprises, buildings, buildings, structures, the right to a share in the property of a business partnership, debt claims, copyrights, inventive and other property rights.

The pledge of rights to a land plot, as well as rights to other natural resources, is allowed within the limits and under the conditions established by land and other natural resource legislation.

A fixed-term right may be the subject of a pledge only until its expiration date.

The debtor of the pledged right must be notified of the pledge.

If the mortgaged right is confirmed by a document, the pledge agreement can be executed by transferring the title document.

3-1. When a bank deposit is pledged, the depositor's rights under the bank deposit agreement are secured. The pledgor-depositor is obliged to notify the bank in writing about the pledge of the bank deposit, indicating the information about the pledgee.

4. Securities are pledged in accordance with the legislation on the securities market.

5. Unless otherwise stipulated by the pledge agreement, the money that is the subject of the pledge is deposited in the bank.

The remuneration (interest) due for this money belongs to the pledgor, unless otherwise provided by the contract.

The money may be transferred to the mortgagee or another person subject to conditions that restrict the use of the pledged money by that person (transfers to a bank safe deposit box, a safe deposit box, or a separate storage room). Failure by such a person to comply with restrictions on the use of pledged money is the basis for his responsibility for unjustified enrichment from the moment the money is transferred to him.

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