How to close a pawnshop correctly and without consequences? Documentation of collateral. The right location is the key to successful pawnshop operation

A PAWNSHOP IS A COMMERCIAL ORGANIZATION, A LEGAL ENTITY THAT IS NOT A BANK, WHICH HAS A LICENSED FROM THE AUTHORIZED BODY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS AND NATIONAL THE BANK OF THE REPUBLIC OF KAZAKHSTAN IS AUTHORIZED TO CARRY OUT THE FOLLOWING TYPES OF BANKING AND OTHER OPERATIONS IN NATIONAL CURRENCY:

1) PAWNSHOLD OPERATIONS: PROVISION OF SHORT-TERM LOANS SECURED BY DEPOSITED EASILY SALE SECURITIES AND OTHER MOVABLE PROPERTY;

2) IMPLEMENTATION OF LEASING ACTIVITIES;

3) PURCHASE, ACCEPTANCE AS POSTER, ACCOUNTING, STORAGE AND SALE OF JEWELRY CONTAINING PRECIOUS METALS AND PRECIOUS STONES;

4) SAFE OPERATIONS: SERVICES FOR STORAGE OF SECURITIES ISSUED IN DOCUMENTARY FORM, DOCUMENTS AND VALUABLES OF CLIENTS, INCLUDING RENTAL OF SAFE BOXES, CABINETS AND PREMISES.

A LICENSE TO CARRY OUT PAWNSHOLD, LEASING, PURCHASE, ACCEPTANCE, ACCOUNTING, STORAGE AND SALE OPERATIONS OF JEWELRY CONTAINING PRECIOUS METALS AND PRECIOUS STONES IS ISSUED BY THE REGULATORY AGENCY THE ZORU OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS.

A LICENSE TO CONDUCT SAFE OPERATIONS IS ISSUED BY THE NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN IN FORM ONLY IN THE PRESENCE OF A LICENSE FROM THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS.

PAWNSHOPS CAN BE CREATED AND CARRY OUT THEIR OPERATIONS IN THE FORM OF BUSINESS PARTNERSHIPS. THE FULL NAME OF THE PAWNSHOP MUST CONTAIN THE WORD "PANSHOP". THE FOUNDERS AND PARTICIPANTS OF THE PAWNSHOP CAN BE INDIVIDUALS AND LEGAL ENTITIES - RESIDENTS AND NON-RESIDENTS OF THE REPUBLIC OF KAZAKHSTAN.

TO OBTAIN PERMISSION TO OPEN A PAWNSHOP, IT IS NECESSARY TO SUBMIT THE FOLLOWING DOCUMENTS TO THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS:

1) APPLICATION FOR PERMIT TO OPEN A PAWNSHOP;

2) THREE NOTARIZED COPIES OF THE CONSTITUENT DOCUMENTS OF THE PAWNSHOP BEING CREATED: CONSTITUTIONAL AGREEMENT (IF AVAILABLE) AND CHARTERS IN THE STATE AND RUSSIAN LANGUAGES.

AN APPLICATION FOR PERMISSION TO OPEN A PAWNSHOP IS CONSIDERED WITHIN ONE MONTH FROM THE DATE OF PROVISION OF THE LAST ADDITIONAL INFORMATION OR ADDITIONALLY REQUESTED DOCUMENT.

THE FOUNDERS APPLY TO THE JUSTICE AUTHORITIES FOR STATE REGISTRATION OF THE PAWNSHOP NO LATER THAN ONE MONTH FROM THE DATE OF RECEIVING PERMISSION TO OPEN THE PAWNSHOP.

IF THERE ARE CHANGES AND ADDITIONS TO THE CONSTITUENT DOCUMENTS OF THE PAWNSHOP, THEY ARE SUBJECT TO PRIOR APPROVAL WITH THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS.

A REFUSAL TO ISSUE A PERMIT TO OPEN A PAWNSHOP IS PRODUCED IF THE CONSTITUENT DOCUMENTS OF THE PAWNSHOP DO NOT COMPLY WITH THE CURRENT LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN.

THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS MAY REVOKE THE PERMISSION ISSUED TO OPEN A PAWNSHOP FOR ANY OF THE FOLLOWING GROUNDS:

1) DETECTION, WITHIN ONE YEAR FROM THE DATE OF STATE REGISTRATION OF A LEGAL ENTITY AS A PAWNSHOP, OF UNRELIABILITY OF THE INFORMATION ON THE BASIS OF WHICH THE PERMISSION WAS ISSUED;

2) FAILURE TO OBTAIN A LICENSE TO CONDUCT BANKING OPERATIONS WITHIN SIX MONTHS FROM THE DATE OF STATE REGISTRATION OF A LEGAL ENTITY AS A PAWNSHOP.

THE APPOINTMENT OF CERTAIN MANAGEMENT EMPLOYEES OF THE PAWNSHOP REQUIRES PRIOR APPROVAL WITH THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS REGULATION AND SUPERVISION AGENCY. IN PARTICULAR, THE FIRST MANAGER AND THE CHIEF ACCOUNTANT OF THE PAWNSHOP ARE SUBJECT TO APPROVAL. A NECESSARY CONDITION FOR APPOINTMENT TO THE POSITION OF THE FIRST MANAGER OF A PAWNSHOP IS THE AVAILABILITY OF A HIGHER EDUCATION, FOR THE POSITION OF A CHIEF ACCOUNTANT OF A PAWNSHOP IS THE AVAILABILITY OF A HIGHER OR SPECIAL SECONDARY EDUCATION CORRESPONDING TO THE WORK PROFILE.

TO APPROVAL A CANDIDATE, THE PAWNSHOP SUBMITS TO THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS THE FOLLOWING DOCUMENTS:

1) DECISION OF THE AUTHORIZED BODY OF THE PAWNSHOP ON THE APPOINTMENT OF A CANDIDATE RECOMMENDED FOR ELECTION TO THE POST OF A MANAGER EMPLOYEE;

2) DATA ABOUT THE MANAGER OR CANDIDATE.

DOCUMENTS FOR APPROVAL OF A CANDIDATE MUST BE SUBMITTED WITHIN THIRTY DAYS FROM THE DATE THE AUTHORIZED BODY OF THE PAWNSHOP MADE A DECISION ON THE APPOINTMENT OF THIS CANDIDATE TO THE POSITION OF A MANAGER PERSONNEL.

MANAGER EMPLOYEES OF THE PAWNSHOP CANNOT PERFORM THEIR DUTIES UNTIL THE CONSENT OF THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS IS RECEIVED FOR MORE THAN THREE MONTHS.

PAWNSHOPS CAN CARRY OUT THEIR ACTIVITIES ONLY IF THERE ARE RULES ON THE GENERAL CONDITIONS OF OPERATIONS, WHICH ARE APPROVED BY THE HIGHEST AUTHORITY OF THE PAWNSHOP AND MUST CONTAIN THE FOLLOWING INFORMATION:

1) LIMITS FOR THE AMOUNT AND TERMS OF LOANS PROVIDED;

2) LIMIT VALUES OF RATES OF REMUNERATION FOR CREDITS PROVIDED;

3) RATES AND TARIFFS FOR OPERATIONS;

4) RIGHTS AND OBLIGATIONS OF THE PAWNSHOP AND ITS CLIENTS, THEIR RESPONSIBILITY;

5) THE PROCEDURE FOR ISSUING DUPLICATES TO THE PLEDGER IN THE EVENT OF LOSS OF THE DEPOSIT TICKET;

6) OTHER CONDITIONS.

THE RULES ON THE GENERAL CONDITIONS OF OPERATIONS ARE POSTED IN A PLACE AVAILABLE FOR VIEW BY PAWNSHOP CLIENTS.

IN CASE OF VIOLATION BY A PAWNSHOP OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN, THE following MAY BE APPLIED TO IT:

1) LIMITED REMEDIES UNDER THE BANKING ACT;

2) IMPOSITION AND COLLECTION OF A FINE ON THE GROUNDS ESTABLISHED BY THE LEGISLATIVE ACTS OF THE REPUBLIC OF KAZAKHSTAN;

3) SUSPENSION OR REVOKATION OF THE LICENSE ON THE GROUNDS.

THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS INSPECTS THE ACTIVITIES OF PAWNSHOPS IN ACCORDANCE WITH THE REQUIREMENTS OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN.

PAWNSHOPS CAN CREATE BRANCHES AND REPRESENTATIVE OFFICES. WHEN OPENING BRANCHES OR REPRESENTATIVES, WITHIN FOURTEEN DAYS AFTER THE ACCOUNTING REGISTRATION OF THE BRANCH WITH THE JUSTICE BODIES, THE PAWNSHOP SUBMITS TO THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS A NOTICE OF OPENING A BRANCH WITH THE ATTACHMENT OF A CERTIFICATE OF THE JUSTICE AUTHORITIES ON THE ACCOUNTING REGISTRATION OF THE BRANCH OR REPRESENTATIVE OFFICE.

A PAWNSHOP CAN BE LIQUIDATED IN THE FOLLOWING CASES:

1) BY DECISION OF PARTICIPANTS IN VOLUNTARY LIQUIDATION;

2) BY DECISION OF THE COURT IN CASES PROVIDED FOR BY THE LEGISLATIVE ACTS OF THE REPUBLIC OF KAZAKHSTAN FOR FORCED LIQUIDATION.

A MANDATORY CONDITION FOR OBTAINING CONSENT OF THE AGENCY FOR REGULATION AND SUPERVISION OF THE FINANCIAL MARKET AND FINANCIAL ORGANIZATIONS FOR THE VOLUNTARY LIQUIDATION OF THE PAWNSHOP IS THE SUFFICIENCY OF THE PAWNSHOP'S FUNDS TO MAKE PAYMENTS FOR ITS OBLIGATIONS AM.

Self-test questions. 1.

What is a credit partnership? 2.

What is the procedure for creating it? 3.

What is the activity of a credit partnership? 4.

What is a financial company? 5.

What is the activity of a financial company? 6.

What types of financial companies are there? 7.

What is a pawnshop? 8.

What is the activity of a pawnshop?

The pawnshop business is considered a profitable business all over the world. The profitability of such a business reaches 40 percent. And this is a very high figure. The profitability of the pawnshop remains high and tends to increase when the banking system in the country weakens and production declines. And the most interesting thing is that the country has a developed middle class. He is the main consumer of pawnshop services.

Pawnshop business: theory and practice

If you have a desire and inclination for the pawnshop business, then it’s worth getting into this business. It is very difficult to go broke in a pawn shop.

So, have you decided to open a pawn shop? What do we have to do? Before opening your own business in the pawnshop business, you need to study the market in which you will have to work, carefully familiarize yourself with the legislation regulating the activities of pawnshops and the relevant by-laws. This includes regulatory documents, regulations of the government of the Russian Federation and instructions, rules and requirements.

Is it profitable to open a pawnshop?

Being in the pawnshop business is a profitable business, so the number of companies and individuals involved in it is constantly increasing. According to information received from government sources, the number of pawnshops in our country increases annually by at least 150 companies. This year was no exception. Therefore, when studying the market, you need to find out the number of companies that are engaged in pawnshop business in your city. To what extent do they satisfy the population's needs for such services?

You need to find a niche for yourself, that is, a direction that you will pursue. Whether you will specialize in household appliances or vehicles, whether you will deal exclusively with jewelry and gold or real estate - all this needs to be determined before opening a pawnshop. It must be taken into account that a pawnshop is, in fact, a small bank that lends to the population for a short, most often, period. But unlike a bank, this credit institution deals only with loans and only on the security of movable or immovable property.

The pawnshop operates only with the public. Therefore, in order not to go bankrupt and have a constant profit, the pledged property must be liquid. Simply put, it should be such that it can be implemented quickly. When choosing a specialization, this point must be taken into account.

After you have studied the market and decided on your specialization, you can start opening a pawnshop.

Opening a pawnshop and the law

We have already discussed the legislation regulating the activities of pawnshops. If before making the decision to open your own pawnshop business you could only familiarize yourself with it, then after a positive decision is made, the legislation must be studied in detail.

Knowledge of the laws and strict adherence to them is the key to successful activity in your chosen field. By the way, in the pawnshop business, deviation from legal requirements is punishable by a fine. Moreover, the fines amount to considerable amounts.

The basis of the pawnshop's activities is Federal Law “On Pawnshops”. Its number is 196. It came into force on July 19, 2007. This law determines the status of a pawnshop as a commercial organization whose activities are of a specific nature. The law allows the issuance of short-term loans secured by personal property. The loan term is limited to 1 year. During this period, the pledged property must be kept by the lender. It is prohibited to sell the pledged property before the expiration of the term.

The mortgaged property must be appraised before the loan is issued. A loan agreement is required. This agreement specifies the validity period, the valuation of the property, the rate at which the loan is issued, and the amount issued.

The deposit ticket is drawn up in two copies. The first is issued to the borrower, the second remains with the lender.

A pawnshop has the right to sell the pledged property only if the delay exceeds one month. In this case, the pledged property goes on open sale. But if its value exceeds the amount established by law (the law specifies an amount equal to 30,000 rubles), then the property is sold at auction, that is, at an open auction.

Pawnshops themselves are prohibited from engaging in trade. The collateral either goes to an open trading network for sale, or an additional company will have to be opened, whose task will be the sale of the collateral property.

You will have to be guided in your activities by the order of a federal organization called "RosFinMonitoring". This order was published on August 3. 2010 under number 203. It has a long name, so we will not give it in full, we will only say that this order approves the Regulations, which define the requirements for the activities of pawnshops. This Regulation sets out the requirements for the education and training of personnel, for transactions with property and funds, how to counter the laundering of criminal proceeds, the financing of extremist organizations and terrorist groups. The regulations determine the timing of training for pawnshop employees, how and what they should be trained, as well as the frequency of retraining of personnel.

This order has the force of law. Failure to comply with its requirements can lead, at a minimum, to administrative liability, and malicious evasion of the requirements can lead to the closure of the company. If a pawnshop is engaged in issuing loans secured by jewelry, then its activities are subject to Order of the Ministry of Finance of the Russian Federation number 68. It was published in 2001 on August 29th. This order approves the Instructions that define the procedure, accounting and reporting when working with precious metals and precious stones.

These are the main legislative documents, the requirements of which should guide the pawnshop in its activities.

The legislation of the Russian Federation determines that taxes are collected from pawnshops on a general basis. The Tax Code, however, determines in Article No. 149 that VAT is not charged on interest received by a pawnshop. It is levied on the storage of pledged property. It follows that accounting records will have to be kept separately for both the storage of collateral and the receipt of interest on the loan.

Opening a pawnshop: step-by-step instructions

Choosing a location, registering a pawnshop

Having studied the legislative acts, we proceed to the preparation of registration documents. But first, in the step-by-step instructions “How to open a pawnshop?”, it seems to us that it is better to decide on the place where the pawnshop will be located. It is advisable to choose a place where it is always crowded. For example, on a busy street or in a public public institution. You need to come up with a name and advertising for your company. Advertising should be bright, but discreet and attractive.

As Russian practice shows, it is best to register a pawnshop as a limited liability company. The necessary list of documents can always be obtained from the Tax Inspectorate. You can simply download them on the Internet on the appropriate website.

A license to operate a pawnshop is not issued.

After registering with the Tax Service, you must register with the nearest branch of RosFinMonitoring. This must be done within a month after receiving state registration. If you intend to work with jewelry, you will have to register for special registration. Such registration is done in the Assay Chamber of the Russian Federation or in the branches of the Chamber. After registration, you will be issued an Assay Supervision Certificate. Then you'll have to check your lab balance. Next, the scales are checked in the prescribed manner - once a year.

What do you need to open a pawnshop?

Registration is completed, the location has been selected, now you can start hiring staff and determine what is needed to open a pawnshop. Let us first give a list of equipment that a pawnshop with a wide specialization will need to operate.

You will definitely need commercial equipment: display cases, shelving that will be located in the sales area, warehouse shelving, racks (aka counters), a cash drawer (several units are possible), a safe, an information board.

You will need office equipment, including a computer with an Internet connection. To ensure the security of the facility, you will have to install a metal door. The door must have a window and a bell. Naturally, the pawnshop must be equipped with a security system.

The pawnshop must also have special equipment to check the property provided as collateral. For some types of property, it is better to use the services of third-party organizations, for example, to check the performance and estimate the value of the car. But to check and evaluate jewelry, equipment must be at hand. The set of such equipment includes laboratory scales, reagents and tools for checking jewelry.

Personnel to work in a pawnshop are selected depending on the type of activity, schedule and volume of work. But the staff always includes a director, an accountant, security workers, appraisers (they are also managers and sellers). You can select employees yourself, or you can contact an employment office or recruitment agency.

What business is capable of generating truly stable income, and in conditions of an economic crisis, even enriching its owner? We are also talking about running a pawnshop. This is an enterprise operating in the field of providing loans secured by movable property.

Recently, people are increasingly turning to the services of such organizations, the market is dynamic, and pawnshop turnover is growing every year. However, organizing such a business is quite difficult. In this article we will talk about how to open a pawnshop and what needs to be done for this.

What do you need to open a pawnshop?

The specifics of a pawnshop's activity as an organization providing loans presupposes, first of all, the presence of large investments at the start. Therefore, the first thing you need to open a pawnshop is the opportunity to invest your own money in the amount of several million rubles. The specific amount is not established by law; the owner has the right to determine it based on the scale of the planned project.

It should be noted that in order to operate a pawnshop it is necessary, since individual entrepreneurs do not have the right to engage in such types of activities. Therefore, to open this business, you can attract partners who will later become the founders of the organization. The optimal organizational and legal form is a limited liability company (LLC).

Important! To the founders of the legal entity. persons in this case are subject to certain requirements: they must not have a criminal record for economic crimes and crimes against the state. authorities.

Entrepreneurs interested in how to open their own pawnshop also need to know that such a commercial organization has the right to carry out only two types of activities:

• provision of short-term loans secured by movable property (code 64.92.6 according to OKVED, latest edition 2016);
• provision of services for storing valuables (code 66.19.5).

That is, in order to sell items transferred as collateral by a pawnshop client, and which became the property of the organization due to a violation of the contract, it is necessary to open a separate enterprise.

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Documents for opening a pawnshop

For those who want to know how to open a pawnshop, it is important to determine what documents are needed for this purpose.

Since the pawnshop must be registered with the Federal Tax Service as a legal entity, first of all it is necessary to prepare constituent documents in the form P11001.

The constituent documents of the LLC include:

• charter;
• agreement on the establishment of an LLC;
• minutes of the general meeting.

It must be certified with the signatures of the founders, the seal of the organization and stitched. In some cases, notarization of copies of documents is required. The Federal Tax Service must also provide a receipt for payment of the state fee for the registration procedure in the amount of 4,000 rubles.

On the day a document such as is received from the tax service, by order of the director of the new LLC, a special official (SDL) must be appointed who will be responsible for the implementation of internal control rules (ICR) in the organization.

The ICR is a set of rules implemented to combat money laundering and the financing of terrorism (AML/CFT); they must also be approved by the managing body of the LLC on the day the pawnshop opens.

In addition, before receiving documents from the tax office, or on the day of receipt, the director of the organization and the CEO are required to undergo special training in the field of AML/CFT and receive the appropriate personal certificates.

Important! In the process of carrying out pawnshop activities, the SDL is required to take a course to improve the level of knowledge in the field of AML/CFT once a year, and the manager – once every 3 years.

What other documents are needed to open a pawnshop?

Within 5 days from the moment the Certificate is received from the Federal Tax Service, all founders of the organization are required to submit to the Central Bank of the Russian Federation:

• notification of the emergence of the right to dispose of 10% (or more) of the votes attributable to shares in the authorized capital of the pawnshop;
• a certificate of no criminal record (it can be obtained from the local police department, the validity of such a document is 3 months, issued on average 30 days).

In addition, information about the appointment of SDL should be submitted to the territorial body of the Central Bank of the Russian Federation. This must be done no later than 3 days from the date of registration.

Some businessmen are interested in whether a license is required for pawnshop activities. No, not needed. Licensing of pawnshops was abolished by Decree of the Government of the Russian Federation No. 766 of December 14, 2006. However, all pawnshops without exception must be registered with Rosfinmonitoring (RFM). For your information, on the day you receive documents from the Federal Tax Service, you need to register in your personal account on the RFA website portal.fedsfm.ru. The application for the registration procedure must be submitted in advance.

Within 30 days from the date of opening, a pawnshop whose activities involve accepting jewelry as collateral must be registered with the territorial body of the State Assay Supervision Inspectorate.

In addition to the documentary component of the pawnshop business, much attention is also paid to the organization of the work process, from the requirements for the premises to the rules for lending and storing things. Let's talk about everything in order.

What should a pawnshop premises look like?

From the point of view of legislation, the requirements for the premises of a pawnshop are that all conditions for the proper storage of things pledged are met.

There are several general rules regarding preparing an object for a pawnshop:

• it is necessary to ensure the safety, absence of harmful effects and damage to the pledged items;
• it is necessary to exclude the possibility of unauthorized persons entering the storage room;
• the premises should be selected and equipped in such a way that it complies with the standards of the SES and State Fire Supervision;
• The security of the pawnshop should be ensured by concluding an agreement with a specialized enterprise.

From a commercial point of view, the best option for locating a pawnshop would be a premises located in a densely populated area or in a crowded place. At the same time, it is worth renting space on the first or ground floors of buildings with a convenient entrance.

For a small pawnshop, a room with an area of ​​40-50 square meters will be enough. m., divided into 2 main zones: for storing things and for customer service.

The storage place, let's call it a “warehouse,” should be equipped with racks, shelves, and a safe for jewelry. For the service area you will need to purchase office furniture, organizational units. equipment, a computer on which you will also need to install special software. Here you can organize the appraiser’s workplace and equip it with the necessary tools - scales, reagents, etc.

If there are no strict requirements regarding the premises and its equipment in the Federal Law “On Pawnshops”, then regarding the organization of the work process there are a number of specific rules that the founders should find out about in advance.

Pawnshop operating rules

The first thing that I would like to draw the attention of entrepreneurs who are studying what is needed to open a pawnshop is that the organization is obliged to insure all things accepted as collateral in an amount equal to the amount of its estimated value. The insurance period is equal to the period the item is in the pawnshop. Therefore, before opening a loan office, it is necessary to conclude an agreement with one of the insurance companies.

A large number of rules have been established directly for lending:

• the loan can be provided for a period not exceeding 1 year;
• To conclude a transaction, it is necessary to draw up a loan agreement and issue a security ticket, which is a strict reporting form - BSO (filled out in several copies);
• the amount of the client’s obligations consists of the loan amount and the amount of interest on the loan, which are calculated based on the interest rate specified in the agreement;
• In addition to the loan agreement, it is necessary to draw up an agreement for storing the item in a pawnshop and draw up a safety receipt, which is also a BSO, etc.

Special conditions are also provided for the taxation of pawnshops.

Pawnshop tax system

According to current legislation, organizations operating pawnshops are not entitled to apply preferential tax regimes. That is, the only possible taxation system for such enterprises is the general one.

Accordingly, when registering with the tax office, a pawnshop actually becomes a payer of corporate income tax (20% of the final results of operations) and VAT (18%). However, interest received by a pawnshop under a loan agreement, as well as property that becomes its property if the client violates the terms of the agreement, are not recognized as income subject to taxation.

And yet, there is one nuance here that should be paid attention to - if a pawnshop charges a fee for storing clients’ movable property, for example, if the latter is late in repaying obligations, then such funds are already subject to VAT taxation. Therefore, it is important to keep separate records for transactions that are taxable and non-taxable.

Having talked about the main organizational aspects, let’s try to calculate whether it is profitable to open a pawnshop.

How profitable is it to run a pawn shop?

The profit of pawnshops is in fact the amount of interest paid by the borrower under the loan agreement. Therefore, the larger the amount of the loan, the more the organization can gain.

The interest rate charged by pawn shops usually ranges from 0.2% to 2% per day.

Let’s take, for example, a loan of 20,000 rubles issued for a period of 3 months (90 days) at 0.8%. In this case, the amount of accumulated interest will be: 20,000 * 90 * 0.8% = 14,400 rubles.

For 3 months, the pawnshop’s profit from one loan agreement will be 14,400 rubles. In this way, it is possible to calculate how many clients need to be accepted per day and for what amount of loans to issue in order to ensure coverage of current expenses and return on the initial investment. On average, it takes about 6-7 months for such organizations to break even. Return on investment is achieved in 1-1.5 years, depending on the scale of activity.

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INTRODUCTION

1. Civil Code of the Russian Federation.
2. Tax Code of the Russian Federation. Part 1, 2.
3. Federal Law of the Russian Federation dated May 29, 1992 No. 2872-1 “On Pledge” with amendments and additions dated July 16, 1998 No. 102-FZ.
4. Federal Law of the Russian Federation dated 02/08/98 No. 14-FZ “On Limited Liability Companies” with amendments and additions dated 12/29/2004 No. 192-FZ.
5. Order of the Ministry of Finance of the Russian Federation dated 05/06/1999 N 33n (as amended on 11/27/2006) “On approval of the accounting regulations “Costs of organizations” PBU 10/99”
6. Belozub I. Pawnshops are not a beggar’s staff [Text] / Far Eastern capital. No. 56. July 25, 2000
7. Budilova N.L. Accounting and taxation of pawnshops[Text]/"Russian Tax Courier", No. 12. June 2002
8. Money. Credit. Banks[Text]: Textbook for universities/Under. ed. prof. E. F. Zhukova. - M.2003
9. Karaeva I.V. (Ph.D.) From the history of the development of state-owned pawnshops in Russia. - Banking services [Text], 11-12/.-1998.

How the Bank of Russia fights unscrupulous players in the industry

The Bank of Russia continues to clear the microfinance market from unscrupulous players. In 2016, the regulator filed over 220 lawsuits against pawnshops. However, the Central Bank’s measures had virtually no effect on the market growth rate

Of the 220 lawsuits filed by the Bank of Russia against pawnshops in 2016, the courts satisfied only half, according to data from the Electronic Justice file of arbitration cases. At the same time, the courts liquidated 22 pawn shops in 2016 at the request of the regulator. The majority of lawsuits are related to violations by these microfinance organizations of the rules for submitting reports to the Central Bank. Pawnshops have been submitting it to the regulator since 2014, but market participants still have a lot of complaints about the rules for submitting these documents, and a number of pawnshop organizations continue to completely ignore the requirements of the Bank of Russia, market participants explain.

“Reporting for pawnshops does not take into account the specifics of their activities, in particular the fact that, unlike other microfinance organizations, they deal with material assets. This is a completely special accounting and control system,” says Mikhail Unksov, president of the League of Pawnshops. In particular, according to him, the reporting requires indicating data on arrears, and there is no really important information - for example, on the degree of collateral for issued loans. In addition, according to him, the legislation on pawnshops has other specific features: for example, if the collateral is seized by law enforcement agencies, the contract with the client is considered cancelled. But the Central Bank still takes this into account as loans,” he adds.

According to Mikhail Unksov, contradictions between the regulator’s requirements and the peculiarities of pawnshops’ activities often lead to the fact that market participants have to defend their rights in court. According to the file of arbitration cases, pawnshops have filed nine lawsuits against the regulator this year. “We have recently seen an increase in regulatory risks in the pawnshop industry. The Central Bank is trying to strengthen supervision over this area. According to my estimates, in most cases, the Central Bank’s claims against pawnshops are related to the fact that the companies do not conduct pawnshop activities,” says the head of the National Association of Pawnshops, Alexey Lazutin.

According to the Law “On Pawnshops”, more than one violation during the year gives the Central Bank the right to issue an order. Failure to comply with an order, including for failure to submit reports or submission of incorrect reports, is already grounds for imposing a fine. “As a rule, it is the failure to pay a fine that in most cases becomes the basis for a claim by the Central Bank or an attempt by pawnshops to protest this punishment,” Lazutin said.

“The liquidation of pawnshops is carried out only in case of gross violation of the law: repeated failure to submit reports and failure to comply with orders,” the press service of the Bank of Russia told RBC. The Central Bank clarified that in 2015, 580 lawsuits were filed against pawnshops. As noted by the chairman of the National Association of Pawnshops, Petr Slizky, the court satisfies the Central Bank’s requirements almost 100%. “Most often, the regulator sues for repeated failure to submit reports, as well as for failure to comply with instructions. As a rule, the Central Bank gives the pawnshop a chance to improve, and only then proceeds with liquidation,” he says.

The Central Bank did not specify how many pawnshops have been liquidated since the industry came under regulation. According to official information from the Bank of Russia, as of April 1, 2016, 8,290 pawnshops were registered in Russia, while a year earlier there were 8,594. In April 2016, Mikhail Mamuta, who at that time headed the main department of the microfinance market and financial inclusion methodology of the Bank of Russia, said, that of the 8.3 thousand operating pawnshops, more than half are subject to liquidation. He also clarified that the regulator took action against 4.2 thousand pawnshop organizations.

“About 50% of the market are dead organizations that exist only on paper,” agrees Unksov. According to him, often pawnshop owners who have received a regulatory order prefer not to pay fines but to sell the business. “Fines for failure to submit reports amount to 500-700 thousand rubles. This is quite a large amount for regional players. It’s easier for them to get rid of the business and then open a new pawnshop in the same place,” he says. Chairman of the Board of the Regional League of Pawnshops Lyudmila Gribok clarifies that pawnshops are often converted into consignment stores.

​Another reason why the regulator has not yet been able to rid the pawnshop loan market of unscrupulous participants is the high demand for these services from citizens. “The business is very profitable, because citizens simply have nowhere to get money during a crisis. Banks refuse to lend to clients “off the street,” and the rates in microfinance organizations are much higher than in pawnshops,” says Petr Slizky. Also, according to him, pawnshop clients are also attracted by the fact that, unlike a bank loan or a loan from an MFO, if they are not repaid, they will not have to deal with collectors - even if the collateral is sold and the proceeds are lower than the loan issued, the contract with the client is terminated , he is not considered a debtor.

Central Bank data indicate that in 2015 the credit market for pawnshops increased by 40% (by 8.4 billion rubles). ​According to experts, over the past two years the pawn lending market has grown by 50%. “Back in 2014 it was at the level of 25-30 billion rubles. Now it’s about 40 billion rubles,” says Slizky. Market growth, in his opinion, will continue at least until 2019, when the Central Bank plans to introduce new accounting rules for pawnshops. “Market participants will have to adapt and bear accounting costs. Not everyone will survive,” added the head of the National Association of Pawnshops. The pawnshop portfolio has grown by another 20% this year, Lyudmila Gribok estimates. “During the crisis, new borrowers began to appear. For example, we note that mortgage borrowers who need to repay bank loans have begun to appear among clients,” she clarified.