For the restoration of rights on the lost registered securities, see Letter of the Supreme Court of the Russian Federation No. 1133/5obshch of April 4, 1995
Security and on the Restoration of Rights on It
1. A person who has lost a bearer security or an order security (hereinafter referred to in the present Chapter as the document) may ask the court in t he instances indicated in federal law to recognize the lost bearer or order security as invalid and to restore the rights on it.
2. The rights on the lost document may also be restored if the document has lost the signs of payability as a result of an improper storage or because of other reasons.
3. An application for recognizing as invalid the lost bearer or order security and for the restoration of the rights on them shall be lodged with the court at the place of stay of the person who has issued the document on which the execution shall be performed.
Article 295. Content of an Application for Recognizing the Lost Bea rer or Order Security as Invalid and for the Restoration of Rights on It
In the application for recognizing as invalid the lost bearer or order security and for the restoration of the rights on them shall be indicated the features of the lost document, the name of the person who has issued it, the circumstances under which the loss of the document has taken place, and the applicant's request to prohibit the person who has issued the document from making payments or issuances on it.
Article 296. Actions of the Judge after Accepting an Application for Recognizing as Invalid the Lost Bearer or Order Security and for the Restoration of Rights to It 1. After accepting an application for recognizing as invalid the lost bearer or order security and for the restoration of rights to them, the judge shall pass a ruling on prohibiting to the person who has issued the document from effecting payments or issuances on the document, and shall forward a copy of the ruling to the person who has issued the document and to the registrar. In the court ruling shall also be pointed out that a publication shall always be made in a local printed publication at the applicant's expense, which shall contain:
1) the name of the court to which an application concerning the loss of the document has arrived;
2) the name of the person who has filed the application, and his place of residence or of stay;
3) the designation and the features of the document;
4) the proposal to the holder of the document whose loss is declared to file to the court an application for his rights to this document in the course of three months as from the day of the publication.
2. Against the refusal to issue a court ruling may be filed a special appeal Article 297. Application from the Document Holder
The holder of the document whose loss is declared shall be obliged before the expiry of three months as from the day of publication of information mentioned in the first part of Article 296 of the present Code, to lodge to the court which has issued the ruling an application for his rights to the document and to submit the genuine documents.
Article 298. Actions of the Court After the Arrival of a n Application from the Document Holder
1. If an application from the holder of the document comes in before the expiry of three months as from the day of the publication of information mentioned in the first part of Article 296 of the present Code, the court shall leave the application of the person who has lost the document without consideration and shall fix the time term in the course of which the person who has issued the document is prohibited to make payments and issuances on it. This term shall not exceed two months.
2. The judge shall at the same time explain to the applicant his right to institute in the general order a claim against the document holder for obtaining this document on demand, and to the document holder - his right to exact from the applicant the losses caused him by the adopted prohibitive measures.
3. Against the court ruling on the issues mentioned in the present Article a special appeal may be filed.
Article 299. Consideration of an Application for Recognizing as Invalid the Lost Bearer or Order Security and on the Restoration of Rights to It
The court shall consider a case on recognizing as invalid the lost bearer or order security and on the restoration of the rights on it after the expiry of three mo nths as from the day of the publication of information mentioned in the first part of Article 296 of the present Code, unless an application from the holder of the document referred to in Article 297 of the present Code has come in.
Article 300. Court Decision on an Application for Recognizing as Invalid the Lost Bearer or Order Security and on the Restoration of Rights to It
If the applicant's request is satisfied, the court shall take the decision by which it recognizes the lost document as invalid, and shall restore the rights on the lost bearer or order security. This decision of the court shall be seen as a ground for the issue of a new document to the applicant instead of that recognized as invalid.
Article 301. Right of the Document Holder to Institute a Claim Against a Groundless Acquisition or Preservation of the Property
A document holder who has not applied for his rights to this document in time for any reason may institute against the person whose right to the receipt of the new document instead of the lost document is acknowledged, a claim against the groundless acquisition or preservation of the property after the court decision on recognizing the document as invalid and on the restoration of the rights on the lost bearer or order security enters into legal force.
Chapter 35. Forcible Hospitalization of a Citizen in