A documentary security certifies. Uncertified securities. Documentary and uncertified securities as objects of civil rights

Order is a documentary security, in which the owner is recognized as the person authorized to claim performance under it, if the security is issued in his name or transferred to him from the original owner through a continuous series of endorsements.

Nominal is a documentary security, according to which one of the following specified persons is recognized as a person authorized to demand execution on it:

1) the owner of the security, indicated as the rightholder in the records kept by the obligated person or acting on his behalf and having the appropriate license. The law may provide for the obligation to transfer such records to a person holding the appropriate license;

2) the owner of the security, if the security was issued in his name or transferred to him from the original owner in the manner of an uninterrupted series of assignments of the claim (assignment) by making nominal endorsements on it or in another form in accordance with the rules established for assignment of the claim (cession).

Depending on the specified types, the method of transfer of the security is determined: - to bearer - by simple transfer; - nominal - in the order of assignment of the claim (cession); - order - by making an endorsement on paper - an endorsement, which, in turn, can be blank (without specifying the person to whom the execution is to be made) or order (in the above meaning).

Powers of the court in enforcement proceedings. The procedure for issuing executive documents.

Enforcement proceedings - a procedure established by law for the enforcement of acts of jurisdictional bodies, with the aim of ensuring real protection of violated or disputed subjective material rights or interests protected by law.

Types of executive documents sent (presented) to the bailiff-executor: 1) writ of execution issued by courts of general jurisdiction and arbitration courts on the basis of judicial acts adopted by them; 2) court orders; 3) notarized agreements on the payment of alimony or their notarized copies; 4) certificates issued by labor dispute commissions; 6) judicial acts, acts of other bodies and officials in cases of administrative offenses; 7) decisions of the bailiff; and others.

The court: 1) issues a writ of execution (IL) to the recoverer after the entry into force of the court decision, with the exception of cases of immediate execution, if the IL is issued immediately after the adoption of the court decision. The writ of execution is issued to the claimant or, at his request, is sent by the court for execution.

By a court decision on awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to execute a court order within a reasonable time, the IL was sent within 5 days for execution.

IL is null and void and is subject to revocation by the court in the event of a court ruling before the entry into force of the law.

2) Issue 1 decision-1 IL, but: if the decision is made in favor of several plaintiffs or against several defendants; if the performance is to be done in different places; if joint responsibility is imposed on the debtors, then the court may issue several IL.

3) Issue a duplicate of the IL or court order if the original was lost by the claimant or the bailiff-executor. An application for extradition is filed with the court before the expiration of the period established for the presentation of a writ of execution for execution, except for the case if the court was lost by bailiffs or another person carried out the execution, and the claimant became aware after the expiration of the period, then the application is submitted within a month when the claimant learned of the loss. The application is considered in the court session within a period not exceeding 10 days from the date of receipt. The persons are notified, however, their failure to appear is not an obstacle. The court finds out the circumstances indicating the loss of the writ of execution, and examines the evidence confirming its loss.

4) interrupt or restore the term for the submission of an execution document for execution (a break - if the execution document is presented for execution or partially executed by the debtor of a court order, restoration - upon an application for the restoration of the missed deadline, and if the court recognizes the reasons for the omission valid

5) Explanation of the execution of the document (if the requirement is unclear about the method and procedure for its execution, the recoverer, the debtor, the bailiff-executor have the right to apply to the court that adopted the judicial act, with an application for clarification of the executive document, the method and procedure for its execution. within 10 days from the date of acceptance.

6) Provides a deferral or installment plan for the execution of a court order, a change in the method and procedure for its execution, indexation of the awarded sums of money. (A claimant, a debtor, a court bailiff may apply to the court if there are circumstances that complicate the execution of a court order or decisions of other bodies)

7) It is obliged to suspend the enforcement process in whole or in part in the event of: 1) filing a claim for release from the seizure (exclusion from the inventory) of the property on which the execution is levied under the executive document;

2) challenging the results of the appraisal of the seized property; 3) challenging the order of the bailiff-executor on the collection of the performance fee; and others.

may be suspended by the court: 1) challenging the executive document or the judicial act on the basis of which the executive document was issued; 2) challenging the act of the body or official authorized to consider cases of administrative offenses in court; 3) the debtor is on a long business trip; 4) acceptance for production of an application for challenging the decision, actions (inaction) of the bailiff-executor or refusal to perform actions;

8) terminate enforcement proceedings 1) the death of the claimant-citizen (the debtor-citizen), the declaration of him as deceased or recognition as missing, if the requirements or obligations established by a judicial act, an act of another body or official cannot pass to the legal successor and cannot be implemented by the trustee the manager appointed by the guardianship and guardianship authority;

2) the loss of the possibility of executing an enforcement document obliging the debtor to perform certain actions (refrain from performing certain actions);

3) the recoverer's refusal to receive the thing seized from the debtor during the execution of the court order containing the requirement to transfer it to the recoverer;

4) in other cases when federal law provides for the termination of enforcement proceedings.

9) Reversal of the execution of the court decision (In case of cancellation of the court decision, enforced, and after a new consideration of the case, the court decision to dismiss the claim in whole or in part, or to terminate the proceedings or to leave the application without consideration, the defendant must be returned all that was recovered from him in favor of the plaintiff by the canceled court decision (reversal of the execution of the court decision).

Promotions

A security that gives its owner the right to own part of the capital and the ability to receive income in the form of dividends.

Simple - do not provide for the receipt of dividends, but at the same time give the right to vote.
Privileged - guarantee the receipt of a dividend, but at the same time do not give its owner the right to vote.
Registered shares.

Bonds

A category of securities issued by the government or a company, thereby confirming the debt obligations to their owner. After a specified period, the owner of the bonds will receive back the loan amount, as well as interest on it. Income is transferred in equal installments during the commitment period. There are short-term (valid for less than 10 years) and long-term (valid for more than 10 years) bonds.

The issuer issues these securities for the purpose of forming capital, which is necessary to expand its activities or modernize production. Bonds give their holders the opportunity to participate in the management of the company. Bond -.

Bill of exchange

Confirms a promissory note, a feature of bills is the lack of asset collateral. This is a rather risky acquisition, but the benefits if successful will be the highest. Bills are issued by companies that, at the time of issue, are in an unstable financial situation or are configured for a successful outcome of future economic and financial transactions. A bill of exchange can be commercial or financial, urgent (with a fixed date of payment) and bearer.

Bank certificate

A security document confirming the placement of funds in a banking system institution, guaranteeing their return and interest. They are divided into:

Certificates of deposit - issued by the bank as confirmation of the rights of the depositor (or his successor) to return the deposit placed for a specified period, as well as interest payments on it. They are provided exclusively to legal entities. The maximum issue period is one calendar year.
Savings certificates - can be issued to individuals for up to 3 years.

Securities also include checks containing a written order from the drawer to the payer to provide the bearer's amount indicated in it.

Secondary securities

Options

A security that secures the right of its holder to acquire or sell an asset at a specified future date. In this case, the price of assets will be "frozen". The seller of the option is obliged to provide or buy the asset. The buyer has the right to choose: he can exercise the option or refuse to exercise it. In other words, in options trading, all rights are with the buyer, and the obligations are imposed on the seller.

Financial futures

An agreement concluded between the seller and the buyer, which regulates the future process of buying and selling securities on an agreed date at a previously fixed price. Both the seller and the buyer have obligations in this position.

Warrants

A subtype of options that secures the right to purchase or sell securities under the conditions established by the parties.

Types of securities

As for the types of securities, in accordance with paragraph 2 of Art. 142 of the Civil Code of the Russian Federation, as amended by Law N 142-FZ, certain types of securities are listed: share, bill of exchange, mortgage, investment share of a mutual investment fund, bill of lading, bond, check and other securities named as such in the law or recognized as such in accordance with the law okay.

In accordance with Part 1 of Art. 143 of the Civil Code of the Russian Federation, as amended by Law N 142-FZ, securities are divided into bearer, order and registered. The bearer, in turn, according to paragraph 2 of Art. 143 of the Civil Code of the Russian Federation is a documentary security, according to which its owner is recognized as the person authorized to demand execution on it. An order documentary security is understood to mean one in which the owner is recognized as a person authorized to demand execution on it if the security is issued in his name or transferred to him from the original owner through a continuous series of endorsements (clause 3 of article 143 of the Civil Code of the Russian Federation) ...

With regard to registered documentary securities in accordance with paragraph 4 of Art. 143 of the Civil Code of the Russian Federation, in the reaction of Law N 142-ФЗ, two types of such securities are given, corresponding to the definition of a person authorized to demand execution on a security:

The owner of the security, indicated as the copyright holder in the accounts maintained by the obliged person or by a person acting on his behalf and having the appropriate license;

The owner of a security issued in his name or transferred to him from the original owner in the order of a continuous series of assignments of a claim (assignment) by applying nominal endorsements on it or in another form in accordance with the rules established for assignment of a claim (assignment).

In more detail, we decided to consider the classification of securities by legal type, since the name of documentary and uncertified securities became the main milestone in the degradation of Chapter 7 of the Civil Code of the Russian Federation.

Documentary securities

Article 143.1 of the Civil Code of the Russian Federation, as amended by Law N 142-FZ, establishes that mandatory details, requirements for the form of a documentary security and other requirements are determined in the manner prescribed by law. And clause 2 of this article establishes the general consequences of violating the requirements for the form and details of the security. In this case, documents that have such violations should not be recognized as securities, but they should be considered as having the force of written evidence.

In paragraph 1 of Art. 145 of the Civil Code of the Russian Federation, as amended by Law N 142-FZ, states that a person obliged under a security has the right to raise against the claims of the owner of a security only those objections that arise from the security or are based on the relationship between them. This is inherently the principle of public credibility. The above rule is supplemented by the fact that the person obliged under the security is liable for it also in the event that the security has entered circulation against his will.

The principle in question is limited by the good faith of its owner. As indicated in para. 3 p. 1 of Art. 145 of the Civil Code of the Russian Federation as amended by Law N 142-FZ, the principle of public reliability does not apply to cases where the owner of the security at the time of its acquisition knew or should have known about the absence of grounds for the emergence of rights certified by the security, including the invalidity of such grounds or on the absence of the rights of the previous owners of the security, including the invalidity of the grounds for their occurrence, as well as in the event that the owner of the security is not its bona fide purchaser.

In Art. 147.1 of the Civil Code of the Russian Federation, as amended by Law N 142-FZ, the legislator has fixed the criteria for the unfairness of the owner of the security. For example, such is a person who, by their fraudulent or other illegal actions, contributed to the loss of the rights of the legal owner to a security or, as a previous owner, knew or should have known about the existence of the rights of other persons to a security (clause 4 of article 147.1 of the Civil Code of the Russian Federation as amended Law 142-FZ).

In paragraph 4 of Art. 146 of the Civil Code of the Russian Federation as amended by Law N 142-FZ, the rule on the transfer of rights to certified registered securities was basically retained, but limited by an important clause. It is proposed to apply the cession rules to the transfer of rights to such securities, unless otherwise established by special rules on securities, another law or follows from the essence of the relevant security. The specified article provides for many ways of transferring rights to documentary security. In this area, certainty is extremely important, since together with the rights to paper on general rule the rights are also transferred from paper.

Among the many ways of transferring rights provided in Art. 146 of the Civil Code of the Russian Federation as amended by Law N 142-FZ, it is possible to note the peculiarities of the transfer of rights certified by a registered security, the rights for which are accounted for in the registration system of rights (clause 9 of Article 146 of the Civil Code of the Russian Federation as amended by Law N 142-FZ). According to this rule, the rights under such a security are transferred to the person indicated in it at the time of making a mark on the transfer of rights in the accounts. The basis for making a mark is a deed of transfer made by the parties in the presence of the person conducting the accounting or notarized.

The procedure for restoring rights to lost securities has also changed. So, until October 1, 2013, the civil legislation in Art. 148 provides that the restoration of rights for lost bearer securities and order securities is carried out by the court in the manner prescribed by procedural legislation. And Law N 142-FZ substantially supplemented and developed these norms. So, in paragraph 3 of Art. 148 of the Civil Code of the Russian Federation, as amended by Law N 142-FZ, it is allowed to restore rights to a lost certified registered security. It is carried out by the court in the order of special proceedings on cases of establishing facts of legal significance, at the request of the person who has lost the security, and in cases provided for by law - also of other persons.

And clause 4 of Art. 148 of the Civil Code of the Russian Federation, as amended by Law N 142-FZ, considers the consequences of the loss of accounts on the owners of registered documentary securities. In this situation, the person keeping records is obliged to immediately publish information about this in the media in which information about bankruptcy is to be published, and to invite persons whose rights were to be reflected in the accounting records to submit registered securities within the time period specified when the information was published. (at least three months from the date of publication). If the registrar (depository) evades data recovery, then they are subject to recovery by the court at the suit of an interested person.

The innovation of the legislation is also the norm provided for in Art. 148.1 of the Civil Code of the Russian Federation as amended by Law N 142-FZ. In accordance with the specified norm, documentary securities may be immobilized in accordance with the law or in the manner prescribed by law. In this case, the securities are transferred for safekeeping to a person who, according to the law, has the right to store documentary securities and (or) record rights to securities. The transfer of rights to such securities and the exercise of rights thereon are governed by the rules for uncertified securities. And it is worth noting that this rule can be applied to all types of documentary securities.

The issue or issue of securities is subject to state registration in cases established by law.

Article 143. Types of securities

1. Documentary securities can be bearer (bearer securities), order and registered.

2. Bearer is a documentary security, according to which its owner is recognized as the person authorized to demand execution on it.

3. An order is a documentary security, according to which its owner is recognized as the person authorized to demand execution on it if the security is issued in his name or passed to him from the original owner through a continuous series of endorsements.

4. A registered security is a registered security, according to which one of the following specified persons is recognized as a person authorized to demand execution on it:

5. Issue or issue of bearer securities is allowed in cases established by law.

The possibility of issuing or issuing certain certified securities as registered or order securities may be excluded by law.

6. Unless otherwise established by this Code, the law or does not follow from the specifics of fixing the rights to uncertified securities, the rules on registered documentary securities shall apply to such securities, the right holder of which is determined in accordance with the records.

§ 2. Documentary securities

Article 143.1. Requirements for Certified Security

1. Mandatory details, requirements for the form of certified securities and other requirements for certified securities are determined by law or in the manner prescribed by it.

2. In the absence in the document of the obligatory details of the documentary security, its inconsistency with the established form and other requirements, the document is not a security, but retains the value of written evidence.

Article 144. Execution on documentary security

1. Proper performance in respect of a documentary security shall be deemed to be performance to a person specified in paragraphs 2 - 4 of Article 143 of this Code (the owner of the security).

2. If the person responsible for the performance under the documentary security knew that the owner of the security to whom the performance was performed is not the proper owner of the right to the security, he shall be obliged to compensate the losses caused to the holder of the right to the security.

Article 145. Objections on documentary security

1. The person responsible for the performance of the documentary security shall have the right to raise against the claims of the owner of the security only those objections that arise from the security or are based on the relationship between these persons.

The person who drew up the documentary security is responsible for the security even if the document came into circulation against his will.

The rules for limiting objections provided for by this clause shall not apply if the owner of the security at the time of its acquisition knew or should have known about the absence of grounds for the emergence of rights certified by the security, including the invalidity of such grounds, or the absence of rights of the previous owners of the security. paper, including on the invalidity of the grounds for their occurrence, as well as if the owner of the security is not its bona fide acquirer ().

2. Persons responsible for the execution of an order security shall not have the right to refer to the objections of other persons responsible for the execution of this security.

3. Against the demand for performance on a documentary security, a person named as responsible for performance on it may raise objections related to the forgery of such a security or to contesting the fact that he signed the security (forgery of a security).

Article 146. Transfer of rights certified by documentary securities

1.With the transfer of the right to a documentary security, all the rights certified by it in the aggregate are transferred.

2. The rights certified by the bearer security shall be transferred to the acquirer by handing over the security to him by the person who has made its alienation.

The rights certified by a bearer security may be transferred to another person, regardless of its delivery in cases and on the grounds established by law.

3. The rights, certified by the order security, are transferred to the acquirer by handing it over with the endorsement of the transfer inscription on it. Unless otherwise provided by this Code or the law, the rules on the transfer of a bill established by the law on bills of exchange and promissory notes shall apply to the transfer of order securities.

4. The rights certified by a registered documentary security are transferred to the acquirer by handing the security to him by the person making its alienation, with a personal transfer inscription on it or in another form in accordance with the rules established for assignment of a claim (cession).

The transfer of rights to uncertified securities upon the sale of such securities in the event of foreclosure on them is made out on the basis of an order of the person authorized to sell the property of the copyright holder.

Registration of the transfer of rights to uncertified securities in accordance with a court decision is made by the person who records the rights on the basis of a court decision or on the basis of an act of the person carrying out the execution of the court decision.

6. The evasion or refusal of the person who records the rights to uncertified securities from the account operation may be challenged in court.

Article 149.3. Protection of violated rights of copyright holders

1. The rightholder, from whose account uncertificated securities were unlawfully debited, shall have the right to demand from the person to whose account the securities were credited the return of the same amount of the corresponding securities.

Non-documentary securities certifying only the monetary right of claim, as well as non-documentary securities purchased at organized auctions, regardless of the type of certified right, cannot be claimed from a bona fide acquirer.

If uncertified securities were purchased free of charge from a person who did not have the right to alienate them, the rightholder has the right to claim such securities in all cases.

2. If uncertified securities, which the rightholder has the right to claim, have been converted into other securities, the rightholder shall have the right to claim those securities into which the securities debited from his account have been converted.

3. The rightholder, from whose account the uncertificated securities were unlawfully written off, if it is possible to acquire the same securities in organized trading, at his choice, has the right to demand from the persons who are liable to him for the losses caused by this to acquire the same securities at their expense or reimbursement of all expenses necessary for their acquisition.

Article 149.4. Consequences of reclaiming uncertificated securities

1. If the claim of the rightholder for the return of uncertified securities is satisfied in accordance with clause 1 or clause 2 of Article 149.3 of this Code, the rightholder shall enjoy the rights specified in clause 5 of Article 147.1 of this Code in relation to the person from whose account the securities were returned to him.

2. In the event that unauthorized persons exercise the right to participate in the management of a joint-stock company or any other right to participate in the decision-making of the meeting, the right holder may challenge the relevant decision of the meeting that violates his rights and legally protected interests, if the joint-stock company or persons whose will was important in making the decision of the meeting, knew or should have known about the existence of a dispute over the rights to uncertified securities and the voting of the copyright holder could influence the decision.

A claim to challenge the decision of the meeting may be filed within three months from the day when the person entitled to the security learned or should have learned about the illegal write-off of securities from his account, but not later than one year from the date of the relevant decision.

The court may uphold the decision of the meeting in force if the invalidation of the decision entails causing disproportionate damage to the creditors of the joint-stock company or other third parties.

Article 149.5. Consequences of the loss of records certifying the rights to uncertified securities

1. In the event of the loss of accounts certifying the rights to uncertified securities, the person who records the rights must immediately publish information about this in the media, in which information about bankruptcy is to be published, and apply to the court with a statement to restore the data on the accounting of rights in the manner prescribed by procedural legislation.

Any interested person may file a demand for the restoration of data on the accounting of rights to uncertified securities. The restoration of data on the registration of rights is carried out in the manner prescribed by procedural legislation. When restoring data on the accounting of rights to uncertified securities, records of the rightholders are made on the basis of a court decision.

Information on the restoration of accounting data for rights to uncertified securities is published for general information in the media, in which information about bankruptcy is subject to publication, on the basis of a court decision at the expense of the person who carried out this accounting at the time of the loss of accounts that certified the rights to uncertified securities ...

2. Records on the registration of rights to uncertified securities shall not be valid from the moment when the person who records the rights has lost the records and until the day the court decision on the restoration of the data on the records of rights comes into force.

The Federal Law "On the Securities Market" regulates the subject of regulation, which allows you to directly define the concept itself, as well as the existing types of markets in which securities are circulated. What is a documentary security will be described in detail in this article.

Market is a type of relationship that arises in the issuance and circulation of various types of securities. It also implies directly the activities of participants in the relevant professional field.

Market classification

Securities markets are classified according to:

By the level of organization (there are organized markets and not organized ones).
By the location of trade (distinguish between exchange and over-the-counter securities markets).
Taking into account the time of issue (represented by the primary and secondary securities markets).
Geographically (distinguish between local, regional, national and international securities markets).
By the type of transactions (there are cash and derivatives markets for securities).

It also seems possible to classify securities markets by the main types of their issuers, or investors, and directly by the type of instruments themselves. The definition itself, as well as a description of the existing varieties of securities, is enshrined in legislation and is reflected in Chapter 7 of the Civil Code of the Russian Federation. So what is a documentary security? More on this later.

Types of securities

The Civil Code of the Russian Federation establishes two basic concepts that are basic:

Certified securities. They are documents drawn up in full compliance with legal requirements. This type of securities certifies a certain kind of obligations or other rights that can be exercised by presenting these securities. What are the types of documentary securities? Consider this below.
Non-documentary securities. Obligatory and other rights, which are secured by the decision on the issue, or by another document of the person who issued them. At the same time, the issue, sale, transfer of the right to own them is possible for sale only in accordance with the established norms of the law.

Let's figure out what these two concepts have in common, as well as what is the difference between them.

Let us formulate a brief concept that characterizes the essence of securities.

The essence of any type of security is that it secures a certain list of rights of its owner. (These can be rights to any property or, for example, the right to participate in the activities of an enterprise and others).

Thus, you can see the main difference. In the first case, the rights are enshrined in the document itself, if it is a documentary-type security, or in the decision on the issue, if it is a non-documentary security.

Types of uncertified securities

The main types of uncertified securities include:

Promotions.
Bonds.
Issuer options.
Russian depositary receipts.

Types of documentary securities

The main types of documentary securities include:

Bearer security.
Order-type security.
Nominal security.

Let us consider in more detail documentary securities, their types, main features.

Documentary security

As we have already found out, documentary securities are documents drawn up on paper and certifying certain property rights. Must have a strictly observed form and a number of mandatory details. The transfer of rights enshrined in a documentary-type security is possible only upon direct presentation of the original security.

Classic certificated securities are subdivided into:

bills;
all kinds of checks;
certificates of deposit, as well as savings;
bank books;
bills of lading.

Equity securities, such as bonds, as well as shares, are issued in both forms, both documentary and uncertified. So, the documentary security certifies the rights. If the issued security has a documentary form, then the owner of the right receives a document that is properly drawn up and which testifies to the consolidation of the right. It is called a security certificate. In the event that the issue paper is presented in a non-documentary form, then the owner's right is established by an entry in the system in which the register is maintained, reflecting data on securities.

Features:

It should be noted that one copy of a documentary security can be certified with only one certificate, but one certificate can certify one, several, and all securities that have an identical state registration number.

A security paper of a documentary type can be stored directly by its owner, then the ownership right fixed in it will pass along with the transfer of the paper itself. It can also be stored in the depository, and in this case all rights to it pass to the new owner when transfers are made to the depositary account in the depository.

The property rights that are included in the documentary security, as well as the scope of these rights, are contained in the certificate or in the decision on its issue. In the event that discrepancies in the text between the decision to issue and the certificate are found, then the owner of the issue paper has the full right to demand the exercise of the rights enshrined by it, to the extent that the certificate suggests.

The organization that carried out the issue must carry out the execution of the documentary security in full and in favor of the person who presents the certificate. If the security is in custody at the depository, then the obligations must be performed in relation to the person who will be indicated by the depositary to the issuer.

Security paper was the only type of security until the middle of the last century. However, with the development of information and accounting technologies, it became appropriate to issue non-documentary securities. Fixation of their release is made by keeping records in the register, or in depositories.

In the event that a documentary security is issued with the condition of mandatory centralized storage, then the depository must be indicated in the certificate.

Let us consider in a little more detail some types of documentary securities.

Bill of lading

A documentary security is a bill of lading.

Bill of Lading - a document confirming the fact that the shipper has dispatched the goods by sea As a rule, it is used when the ship is common, that is, it carries out the simultaneous transportation of goods belonging to different consignors. Each of these shippers receives a bill of lading. Issuance is usually carried out by the master of the vessel on behalf of either the owner of the vessel or on behalf of the charterer.

The main functions of a bill of lading are:

He records that the cargo has been accepted.
Contains information listing the terms of the contract for transportation.
Fixing the ownership of the goods.

The bill of lading must indicate:

Full and correct name of the vessel. Indicated if the cargo is transported by a specific vessel.
The name of the carrier and consignor of the cargo, as well as the place where the cargo was accepted for transportation.
Place of destination of the cargo, as well as the name of the consignee. In accordance with the type of consignee, there are order bills of lading, registered bills of lading and for the sender.
Complete information about the cargo. Its name, existing marking, quality condition, properties inherent in it, as well as its appearance.
The number of pieces of cargo, its weight and volume.
Freight data, as well as other payments due to the carrier.
The number of copies in which the bill of lading is drawn up.
Signature of the representative of the carrier, or the captain of the vessel.

Types of bill of lading

As mentioned above, there are 3 types of bills of lading:

A registered security, which implies the indication of the name of a specific consignee of the cargo.
Order security (documentary) implies an indication that the cargo must be issued by order of the consignee or his sender.
Bearer. As the name implies, the delivery of the goods must be made to the one who presents the bill of lading.

The bill of lading can be clean if the carrier has not made a single comment on the quantitative and qualitative characteristics of the cargo. Dirty is a bill of lading in which there are reservations on the characteristics of the goods. This distinguishes securities in documentary form.

Also, the bill of lading can be charter or linear. The linear bill of lading contains detailed information about the terms of the contract for the implementation of sea freight, which is carried out according to a strictly predetermined schedule and between two specific ports. The linear type bill of lading regulates the mutual relations of the carrier, both with the recipient and the sender of the goods. A charter bill of lading is used when tramp transportation is performed. That is, transportation is off-schedule and off-line. The bill of lading, which was issued to the sender, is a receipt stating that the cargo was accepted on board. Actually, the bill of lading itself acts as a document of title in this case. There must be a strict correspondence between the terms of the charter and the bill of lading.

Savings bank book

It is too

A savings bank book is a document confirming the fact that an individual has deposited money into a savings account opened in accordance with an agreement concluded between an individual and a bank.

A savings bank book must contain such data as:

Full name of the bank.
Address of the bank.
Details of the account that was assigned in accordance with the private deposit agreement.
The amounts of funds that were credited or debited.
The total amount of the account balance at the moment the book is presented.

The information on the deposit, which is indicated in the savings book, is the basis for conducting operations on the deposit between the bank and the owner of the book.

All operations on the savings book, such as the payment of interest, or the complete withdrawal of the deposit, are made by the bank only upon presentation of the book. This is how documentary securities work. Let us consider the features of this particular species in more detail.

Registered and bearer books

There are two types of savings books - registered or bearer.

A personal savings bank book is a document, the issuance of deposits and the payment of interest on which is carried out only upon presentation by the person indicated in such a book. An important rule is that a personalized passbook does not allow the transfer of rights on the deposit to another person. If there is a loss or damage to a personal savings book, then at the request of its holder, the bank either issues a new personal book, or pays out the deposit and interest due. We have described registered documentary securities. What's next?

In the event that the bank book belongs to the type of bearer books, then all the rights to the deposit, as well as the interest on the deposit, are managed by the person who presents the book. A bearer savings book is in fact a security. In accordance with this, in case of its loss or damage, the restoration procedure is carried out in accordance with the rules established for securities.

It is important to note that at present the majority of financial enterprises do not issue paper passbooks, although this is not a prerequisite for the bank. The process of opening a deposit is carried out by concluding a deposit agreement. In this case, the contract must indicate other ways of fixing the procedure for depositing and issuing funds.

Important is the need for the depositor to store all incoming and outgoing orders that record the movement of funds on the deposit. It is their presence that will become a decisive factor in the event of disputable situations.

Bill of exchange

A bill of exchange is a documentary security that certifies the obligations of the debtor (drawer) to the creditor (drawer). There can be two types - treasury and private. The first ones are issued by the municipality, the government with the participation of the Central Bank of the Russian Federation. Private enterprises and commercial banks are issued. Also subdivided into commodity and financial. They can be simple and transferable.

Savings or deposit type certificate

A savings certificate is a special type of security that records the amount of funds invested that were deposited into a deposit account with a bank, as well as the right of the holder of this certificate to receive the full amount of the deposit and the interest due on it upon the expiration of the deposit.

The main purpose of issuing a certificate of this type is to attract free funds to the bank from individuals and legal entities.

Such certificates differ by type. There are registered ones, which refer to uncertified securities, as well as to bearer, issued in certified form.

Classification of certificates of deposit

Classification of certificates of deposit according to various criteria:

According to the terms of placement, there are time certificates of deposit and certificates on demand.
By maturity, certificates of deposit are short-term, medium-term and long-term.

According to the peculiarities of their registration, as well as the method of circulation, certificates of a personal character and bearer are distinguished.