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Article 149.2 Transfer of rights on non-documentary securities and the creation of an encumbrance on non-documentary securities

📅 Updated: 30.09.2026

1. Transfer of title to non-documentary securities to the purchaser is effected by the cancellation of non-documentary securities from the account of the disposer and by the transfer of them to the account. The law or contract of the right holder with the person keeping records of the rights to non-documentary securities may be provided for by the law or contract of the right holder. Other grounds and conditions for the write-off and issuance of securities, including the possibility of writing off securities from the account of the disposer without the issuance of his or her order. A documentless security will be transferred to the buyer from the time a person keeps records of the rights to paperless securities corresponding to the account of the buyer. Other encumbrances of non-documentary securities, as well as restrictions on their disposition, arise after the grantor has entered the relevant security record. or restrictions on the account of the right holder, or in cases established by law, on the account of another person. the law takes into account the rights of encumbered non-documentary securities. the right holder ' s order (bail order, etc.), unless otherwise provided by law. the right holder, with or without the written consent of the person to whom the encumbrance is imposed, in cases provided for by law or agreement I’m with a record keeper of the rights to non-documentary securities and the person to whom the encumbrance is imposed. securities to secure the performance of an obligation, from an order to the account holder to carry out the transaction in the account of the buyer, or from a statement to the account holder of the rights in non-documentary securities, or from an order to conduct the transaction in the account of the buyer. A person who is subject to an encumbrance of non-documentary securities is entitled to seek judicial relief or encumbrance on securities In cases where there are several persons in favour of whom he has established that he or she is a supplier of securities to secure the performance of the obligation, he or she shall be entitled to a contract with the disposer or the person providing the securities to secure the performance of the obligation. has an obligation to transfer or encumber rights to the same non-documentary securities if the transfer or encumbrance operation has not yet taken place, whether 5. Formation of the transfer of rights to non-documentary securities in the order of succession It is based on the heir ' s certificate of right to inherit (art. 1162). They are subject to an order from the person authorized to dispose of the property of the right holder. 6. Refusal or refusal by a person to register rights on the basis of a decision of a court or an act of a person carrying out the execution of a judgement. The fact that the rights to non-documentary securities are accounted for may be challenged in court from the account transaction.