1. General terms

During the loan term, at the request of the Borrower or the Pledger, it is permitted to replace, partially or fully release, supplement, reduce, or otherwise modify the collateral in accordance with the Bank’s credit policy.

The replacement of collateral or the release of collateral on part of the property is only possible by mutual agreement of the parties.

The replacement of collateral or the release of collateral on part of the property is allowed if there is no outstanding overdue debt at the date of the applicant’s request, except in cases where the collateral is being released for the purpose of selling the pledged asset to repay the loan, including any overdue debt, at JSC "Octobank."

When replacing collateral or releasing part of it, the proportion between the remaining debt and the value of the new collateral or the remaining portion of the collateral is taken into account in accordance with the Bank’s credit policy.

3. Collateral replacement

3.1.     The collateral is replaced with assets acceptable as collateral or with another type of security in accordance with the Bank’s credit policy.

3.2.    If the Bank agrees to the replacement of collateral, the consent of the Pledger and the Pledger’s spouse is required for pledging the new assets.

3.3.     Pledge agreements for assets whose transactions require state registration take effect from the moment of such state registration.

3.4.    The value of the new collateral must be sufficient to cover the outstanding loan balance.

5. Document package

To consider a request for the release of collateral or replacement of security, the applicant must provide JSC “Octobank” with the following documents:

5.1. Application

The application must be submitted in writing and include the following information:

  • recipient - Head of JSC “Octobank”;

  • pledger’s details - Full name (Surname, First name, Patronymic), passport details (series, number, date of issue, issuing authority), registration address (full address), actual residence address (full address), contact phone number, email address;

  • Preferred method for receiving the Bank’s response regarding the application: contact center call, SMS notification, response on paper, or email from the official Telegram channel @octobanksupport;

  • for partial collateral release - justification (calculation); loan details (loan agreement number and date of loan issuance); amount of debt repaid under the loan agreement as of the application date; list and characteristics of the assets from which collateral is to be released (name, quantity, location, identifying features).

  • for collateral replacement - justification (calculation); list and characteristics of the assets from which collateral is to be released (name, quantity, location, identifying features); and list and characteristics of the assets proposed as new collateral (name, quantity, location, identifying features) or a description of another type of security.

5.2. Documents for new collateral (in case of collateral replacement)

In case a vehicle is proposed as new collateral:

  • Ownership documents for the vehicle (certificate of state registration, technical passport, etc.);

  • A document containing information about the pledgor’s marital status. The validity period of this document is determined by the period specified in the document. If no period is indicated, the document is valid for 5 working days from the date of issue;

  • Vehicle purchase agreement and invoice (or statement of account), provided that no more than 120 calendar days have passed since the date of acquisition; otherwise, a report from an independent appraisal organization prepared no earlier than 6 months prior to the date of submission to the appraisal authority.

In case real estate is proposed as new collateral:

  • Ownership documents for the property (certificate of ownership of building/structure, land plot ownership certificate, cadastral passport, agreement under which the property was acquired, cadastral file, extract from the cadastral registry issued by the Public Services Center, and other cadastral documents);

  • A document containing information about the pledgor’s marital status. The validity period of this document is determined by the period specified in the document. If no period is indicated, the document is valid for 5 working days from the date of issue;

  • Report from an independent appraisal organization prepared no earlier than 6 months prior to the date of submission to the appraisal authority.

In case another type of collateral is proposed:

  • Documents that may be required by the Bank to assess the proposed collateral and make a justified decision regarding its acceptability, based on its characteristics and features.

5.3. Procedure for submission of copies and originals

  • When submitting the application, it is allowed to provide paper copies or electronic versions of documents obtained by scanning the originals, with the mandatory subsequent submission of the original documents upon the Bank’s request.

6. Steps for collateral release or replacement

This section describes the standard sequence of steps followed when reviewing applications for partial collateral release or collateral replacement.

6.1.1.

Written applications are registered in the Bank’s electronic document management system.

6.1.2.

The application along with the documents is forwarded to the Bank’s responsible department for processing.

6.2.1.

Applications are reviewed within a period of no more than fifteen days. If additional study and/or verification, or a request for supplementary documents is required, the review period may be extended up to one month from the date of receipt by the Bank.

6.3.1.

The procedure for partial release of collateral involves the following set of actions carried out by the Bank:

  • Assessment of Collateral Sufficiency: An analysis is conducted to determine whether the remaining collateral is sufficient to cover the outstanding debt, taking into account risk assessment in accordance with the Bank’s credit policy requirements.

  • Proportionality Check: The amount of the repaid debt is compared with the value of the collateral being released to ensure compliance with the proportions established by the Bank’s internal regulations.

  • Valuation and Liquidity Assessment: The market value and liquidity of the remaining collateral are evaluated using official data sources. If necessary, an independent appraiser may be engaged to determine the value of the collateral.

6.3.2.

When replacing collateral, the Bank sets the following requirements for the pledged asset securing obligations under the loan agreement:

  • Legal Status: Confirmed and registered ownership of the collateral, as well as the owners’ lawful authority to pledge it.

  • Value: The proposed collateral must have a market value sufficient to cover the credit risks.

  • Access: The Bank must have unobstructed access to the collateral for evaluation, monitoring, and enforcement in case of default.

  • Liquidity: The collateral must be highly liquid, meaning it can be quickly sold on the market at a reasonable price.

  • Sufficiency: The value of the collateral must be adequate to cover the remaining loan balance, taking potential risks into account, in accordance with the Bank’s credit policy.

  • Control: The Bank must be able to monitor the condition and safety of the pledged asset or have access to it for inspection purposes.

  • Freedom from Encumbrances: The asset must not be subject to seizure, other pledges (except for pledges offered for subsequent collateral), obligations to third parties, or restrictions that would impede the Bank’s rights to the collateral.

6.3.3.

For the purpose of making a reasoned decision on the possibility of replacing the existing collateral, the Bank’s staff conduct a mandatory inspection of the proposed new collateral.

6.3.4.

After the inspection and evaluation, the Bank prepares a written conclusion and a draft decision/protocol, which are submitted for review and approval to the authorized body/person.

The pledged property must be insured against the risks of damage, loss, or destruction. The Bank is designated as the beneficiary under such property insurance contracts.

6.4.1.

The decision on the possibility of releasing or replacing collateral is made by the Authorized Body based on the grounds stipulated in the internal regulatory documents.

The Bank has the right to refuse the release of collateral or the replacement of security in the following cases:

  • violation of the Borrower’s obligations under the credit agreement;

  • deterioration of the Borrower’s financial condition, threatening the fulfillment of obligations under the credit agreement;

  • the property is under prohibition, arrest, or encumbered by third-party claims;

  • refusal by the Borrower’s spouse to provide consent for pledging new collateral;

  • failure to provide the necessary documents or the Bank having doubts about the authenticity of the submitted documents;

  • insufficient value of the remaining pledged property or new collateral to ensure proper fulfillment of obligations under the credit agreement;

  • risk of demolition of the building/structure or other loss of property;

  • collateral does not meet the Bank’s requirements.

6.6.1.

In the event that the Authorized Body makes a positive decision, the Bank notifies the applicant in accordance with the method specified in the application and schedules the date and time for execution of the documents.

6.6.2.

In the event that the Authorized Body makes a negative decision, the Bank sends the Client a written, reasoned refusal within three banking days.

6.7.1.

Additional agreements and pledge agreements, the subject of which is the provision of new collateral to the Bank, are executed by a Bank employee in accordance with the Bank’s standard forms and do not require notarization or state registration, except in cases предусмотренных by law. Relevant recommendations regarding state registration of the agreement and/or the need for notarization are provided by the legal counsel of OPERU or by lawyers of the Legal Department.

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