The modern economy requires transparent and reliable instruments for securing obligations. One of such instruments is the Collateral Registry, which allows creditors’ rights to be recorded and limits debtors’ ability to dispose of property. In Uzbekistan, its operation is governed by the Law of the Republic of Uzbekistan “On the Collateral Registry” No. ZRU-356 of October 23, 2013, and by the Resolution of the Cabinet of Ministers No. 155 of June 12, 2014.
1. Objectives and Functions of the Collateral Registry
The main functions of the registry are:
Table 1. Objectives of the Collateral Registry
|
Objective |
Description |
|
Transparency |
Accessibility of information for all market participants. |
|
Legal protection |
Priority satisfaction of the creditor’s claims. |
|
Economic efficiency |
Reduction of risks for banks and investors. |
|
Investment attractiveness |
Creation of a reliable environment for business. |
2. Participants of the Collateral Registry
Participants have different rights and obligations.
Table 2. Participants and Their Status
|
Participant |
Rights |
Obligations |
|
Creditor |
Enter records, demand satisfaction of claims |
Enter accurate data |
|
Debtor |
Obtain information, file objections |
Give consent to entry |
|
Financial agent |
Acquire claims |
Notify the registry |
|
State bodies (tax, customs, investigation) |
Enter records without debtor’s consent |
Justify their decisions |
|
Users |
Obtain extracts |
Update records |
3. Organization of Registry Administration
The registry is maintained by the State Unitary Enterprise “Collateral Registry” under the Central Bank.
4. Procedure for Entering and Modifying Records
Table 3. Main Types of Entries in the Collateral Registry
|
Type of Entry |
Basis for Entry |
Debtor’s Consent |
|
Pledge of property |
Pledge agreement |
Required |
|
Restrictions (servitude, seizure, account suspension) |
Court or administrative decision |
Not required |
|
Financing under assignment of claim |
Factoring agreement |
Required |
|
Tax/customs authorities’ claims |
Debt obligations |
Not required |
|
Court decision on recovery |
Final court decision |
Not required |
Creditor’s priority is determined by the date and time of record entry, meaning that the first creditor to register has priority over subsequent ones.
5. Legal Significance and Consequences
An entry in the registry:
6. Practical Application
7. Liability and Supervision
The user who entered incorrect data bears responsibility.
The State Enterprise “Collateral Registry” must retain deleted records for five years. Disputes are settled in court.
Table 4. Participants’ Liability
|
Violation |
Responsible Party |
Consequences |
|
False information |
User |
Administrative and civil liability |
|
Failure to update data timely |
Creditor / Debtor |
Judicial sanctions |
|
Unlawful restriction of rights |
State body |
Record cancellation by court |
The Collateral Registry of the Republic of Uzbekistan is a key element of the system for securing obligations. Its functioning enhances market transparency, protects the interests of both creditors and debtors, and strengthens confidence in the financial system.
Options and Procedure for Removal from the Collateral Registry
|
Option for Removal |
Basis for Deletion |
Initiator |
Procedure |
Features |
|
Fulfillment of obligations |
Full performance of the debtor’s obligations to the creditor |
Creditor (the user who entered the record) |
The creditor must promptly delete the record after confirmation of fulfillment |
Requires documentary proof of performance |
|
Termination of creditor’s rights |
Termination of pledge or financing agreement, or expiration of lease rights |
Creditor |
Submits an electronic request via personal account |
The record is annulled along with termination of the obligation |
|
Court decision |
Final court judgment on deletion or amendment of record |
Court via the State Enterprise “Collateral Registry” |
The registry deletes the record based on the submitted judicial act |
The court act is scanned and attached to the case file |
|
Debtor’s objection |
The debtor proves that the record was inaccurate or unlawful |
Debtor (or representative) |
First contacts the creditor → if refused, files an objection in the registry → then applies to court |
The objection is recorded in the registry as a comment until resolution |
|
Lack of debtor’s consent |
Entry made without debtor’s consent (unless permitted by law) |
Debtor |
May demand record deletion through the court |
Especially relevant in disputes with banks or state bodies |
|
Initiative of state body |
Cancellation of act of tax, customs, or investigative body based on which the entry was made |
State body |
Independently deletes the record or sends notification to the registry |
For the debtor, deletion is possible only after the relevant act is canceled |
|
Expiration of the obligation |
If the obligation was time-limited (e.g., lease, factoring) |
Creditor or state body |
Files an application for deletion |
If creditor is inactive, the debtor may seek deletion through court |
The law imposes on the creditor the obligation to promptly remove a record after the termination of obligations. If the creditor evades this duty, the debtor has the right to protect their interests by submitting an objection and filing a lawsuit. State bodies (tax, customs, investigative) are also obliged to delete entries once the grounds for their inclusion cease to exist.