The Financial-Industrial Groups

Original Language Title: О финансово-промышленных группах

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102038484

Expired-the Federal law dated 22.06.2007 N 115-FZ of the RUSSIAN FEDERATION federal law on financial-industrial groups adopted by the State Duma October 27, 1995 year approved by the Federation Council November 15, 1995 year chapter i. General provisions article 1. The legislation of the Russian Federation on financial-industrial groups 1. This federal law establishes the legal framework for the creation, operation and liquidation of financial and industrial groups in the Russian Federation.
2. relations arising from the participation of financial-industrial groups in the implementation of federal targeted programmes shall be governed by the laws of the Russian Federation on Federal programs. Relations arising from the participation of financial-industrial groups in the implementation of regional programmes are regulated by legal acts of the constituent entities of the Russian Federation.
3. in the establishment, operation and liquidation of financial and industrial groups in cases stipulated by this federal law, the regulation is carried out by normative legal acts of the Russian Federation Government and the regulations of other authorized organs of executive power. State regulation of the establishment, operation and liquidation of financial-industrial groups is carried out by the authorized federal public authority (hereinafter referred to as the Plenipotentiary of the Government body), the functions of which are exceptional.
4. Relationship not regulated by this federal law, other laws and legal acts of the Russian Federation and constituent entities of the Russian Federation are regulated by a Treaty on the establishment of financial and industrial groups, other treaties concluded between the participants of the financial and industrial group.
Article 2. The notion of financial-industrial group financial-industrial group collection of legal entities operating as primary and subsidiaries either wholly or partially brought their tangible and intangible assets (participation) on the basis of the Treaty on the establishment of financial and industrial groups to technological or economic integration for realization of investment and other projects and programmes aimed at improving the competitiveness and development of markets for goods and services, increase production efficiency , creation of new jobs.
Article 3. The participants of the financial and industrial group 1. Participants of financial and industrial groups are recognized as legal entities, signed the Treaty on the establishment of financial and industrial groups, and established their central company financial-industrial group (article 11 hereof) or principal and subsidiary companies, forming a financial-industrial group.
2. the financial and industrial group may include commercial and non-commercial organizations, including foreign, except public and religious organisations (associations). Participation in more than one financial-industrial group is not allowed.
3. Among the participants of the financial and industrial group must have organizations active in the sphere of production of goods and services, as well as of banks and other credit organizations.
4. State and municipal unitary enterprises can be participants of financial and industrial groups in the manner and under the conditions prescribed by the owner of the property.
5. Child economic society and enterprises may be part of a financial-industrial group only together with its main society (unitary enterprise founding member).
6. the participants of the financial and industrial group may include investment institutions, non-governmental pension funds, insurance companies and other organizations, whose participation was due to their role in securing the investment process in financial-industrial group.
Article 4. Transnational financial and industrial groups 1. Financial-industrial groups, among which there are legal persons under the jurisdiction of the States-participants of the Commonwealth of independent States, with separate units on the territory of those States in their territory or carrying out capital investments are recorded as transnational financial and industrial groups in accordance with this federal law.
2. In the case of transnational financial and industrial groups based on intergovernmental agreement assigns the status of Interstate (International) financial-industrial group. Particular the creation, operation and liquidation of the Interstate financial-industrial group establishes those agreements.
3. For participants in Interstate financial-industrial group national mode is the intergovernmental agreements on the basis of reciprocity.

4. participants of the Interstate financial-industrial groups in the manner and under the conditions established by the Government of the Russian Federation can be granted customs tariff concessions provided for by the law of the Russian Federation "about customs tariff" for goods moved across the border within the framework of the activities of the financial industrial group.
CHAPTER II. STATE REGISTRATION of financial and industrial groups of Article 5. The order of State registration of financial and industrial groups 1. The totality of the legal entities that comprise the financial-industrial group, has acquired the status of a financial-industrial group to address authorized public authority of its State registration.
2. For the State registration of the central company financial-industrial group is the Plenipotentiary public authority the following documents: application form for the establishment of financial and industrial groups (in the form established by the Government of the Russian Federation);
Treaty on the establishment of financial and industrial groups (with the exception of financial and industrial groups, formed by the principal and the subsidiaries);
notarized copy of certificate about registration of constituent documents, a copy of the shareholders registers (for joint-stock companies) of each of the participants, including the central company financial-industrial group;
institutional project;
notarized and legalized constituent documents of foreign participants;
conclusion the Federal competition authority.
If necessary, the Government of the Russian Federation may be set further requirements on the composition of documents.
3. a decision on the State registration of a financial-industrial group was adopted on the basis of examination of the documents submitted, an authorized State body.
4. Plenipotentiary of the State authority may seek the expertise of other organizations, experts, the executive authorities of the relevant constituent entities of the Russian Federation documents financial-industrial group.
5. Based on the results of consideration of documents of financial and industrial groups in the light of expert opinions, Plenipotentiary of the State authority, within two months from the date of submission of the documents takes one of the following decisions: to refuse the registration of financial and industrial groups;
on the return of documents of financial and industrial groups for revision;
on the registration of financial-industrial groups.
6. The refusal in registration or returning the documents of financial and industrial groups for revision is accompanied by a written explanation of the authorized State body.
7. in the case of the authorized State body of unjustified decisions, as well as in the case of violation of the terms of consideration of documents of financial and industrial groups of his actions can be appealed in court.
8. State registration is confirmed by the issuance of certificates of the established sample, containing the full name of the financial-industrial group with mandatory inclusion of the words "financial-industrial group", "transnational financial-industrial group" or "Interstate financial industrial group", and inclusion in the State Register of financial-industrial groups.
The use of the words "financial and industrial" in the name of any legal person, except the central company financial-industrial group, is not permitted.
The phrase "financial-industrial" and "industrial-financial" are equal.
9. the peculiarities of State registration of financial-industrial groups not regulated by this federal law, shall be established by the Government of the Russian Federation.
Article 6. The State registration of changes in the terms of a Treaty on the establishment of financial and industrial group 1. Change the terms and conditions of the agreement on the establishment of financial and industrial groups or membership of financial-industrial group is subject to state registration of the authorized State body.
2. the State registration of changes in the membership of the financial-industrial group is made by an authorized State body on the basis of the findings of the Federal competition authority.
3. In case of any changes material terms of a Treaty on the establishment of financial and industrial group financial-industrial group is subject to re-registration.
Article 7. Treaty on the establishment of a financial-industrial group of the Treaty on the establishment of financial and industrial group should define: the name of the financial-industrial group;
the procedure and conditions for the establishment of central financial and industrial group company as a legal entity in a particular legal form, authorized by the conduct of the Affairs of a financial-industrial group;
the procedure of formation, authority and other conditions of work of the Governing Council of the financial and industrial group;
How to make changes in the composition of financial-industrial group;
the amount, manner and conditions of association assets;
the purpose of the Association members;
duration of the contract.

Other terms and conditions of the agreement on the establishment of financial and industrial groups of participants are established on the basis of the goals and objectives of financial and industrial groups and conformity to the legislation of the Russian Federation.
Article 8. Organizing the project financial-industrial group 1. Organizing the project financial-industrial group-package of documents submitted by the central financial and industrial group company in the authoritative State organ and contains relevant information about goals and objectives, investment and other projects and programmes, perceived economic, social and other results of the activities of financial and industrial groups, as well as other information necessary for making a decision on the registration of financial-industrial groups.
2. An exhaustive amount of organizational requirements draft financial-industrial group is established by the Government of the Russian Federation.
Article 9. State Register of financial-industrial groups 1. State Register of financial-industrial groups-a single data bank created by the authorized State body and contains the necessary information about the State registration of financial-industrial groups.
2. composition and information structure of State Register of financial-industrial groups are defined by the Government of the Russian Federation.
CHAPTER III. Management in the financial and industrial GROUP, the CONDUCT of the AFFAIRS of a financial-industrial group Article 10. The Governing Council financial and industrial group 1. The Supreme management body of financial-industrial group is the Governing Council financial-industrial group, comprising representatives of all its participants.
2. The direction of the party's finance and industry group representative Governing Council financial-industrial group is carried out by decision of the competent authority of the party's management of the financial and industrial group.
3. the competence of the Governing Council of financial-industrial group establishes a Treaty on the establishment of financial and industrial groups.
Article 11. Central company financial-industrial group 1. Central financial and industrial group company is a legal entity, established by all the parties to the Treaty on the establishment of financial and industrial groups or are them main society and authorized by law or the contract for the conduct of the Affairs of a financial-industrial group. The newly established central registration company financial-industrial group is carried out in accordance with the procedure established by civil legislation of the Russian Federation for the purposes of the registration of legal persons.
2. the central financial and industrial group company, as a rule, is an investment institution. You can create a central company financial and industrial group in the form of a company, as well as associations, Union.
3. In the name of the central financial and industrial group company after State registration of financial-industrial groups included the words "central company financial-industrial group", as the central financial and industrial group company notifies the authority fulfills its registration.
4. the statutes of the central company financial-industrial group must define the object and purpose of its activities and comply with the terms of the Treaty on the establishment of financial and industrial groups. Body central company registration carried financial-industrial group, informs the Plenipotentiary for all public authority changes in its Charter.
5. Central company financial-industrial groups in cases stipulated by this federal law, other legislative acts of the Russian Federation, a Treaty on the establishment of financial and industrial groups: speaking on behalf of the participants of the financial and industrial group in the relations associated with the establishment and activities of financial and industrial groups;
lead summary (consolidated) accounting, reporting and balance of financial and industrial groups;
prepares an annual report on the activities of financial and industrial groups;
performs for participants of financial and industrial groups of certain banking operations in accordance with the Russian Federation Law on banks and banking activity.
Other activities of the central financial and industrial group company for the conduct of the Affairs of the financial-industrial group sets its Charter, the Treaty on the establishment of financial and industrial groups.
CHAPTER IV. The ACTIVITIES of the financial-industrial group Article 12. The concept of activities of financial and industrial groups Under the activities of financial-industrial group refers to activities undertaken by participants in accordance with the Treaty on the establishment of financial and industrial groups and/or organizational project when you use separate assets.
Article 13. Consolidated accounting in financial-industrial group

1. In the cases and pursuant to procedure established by the legislation of the Russian Federation on taxes, a Treaty on the establishment of financial and industrial groups, participants of financial and industrial groups involved in the production of goods and services, may be recognized as a consolidated Group of taxpayers, as well as can lead summary (consolidated) accounting, reporting and balance of financial and industrial groups.
2. conduct of consolidated (consolidated) balance accounting, reporting and financial-industrial group is determined by the Government of the Russian Federation.
Article 14. Responsibility of participants of financial and industrial groups for the obligations of the central financial and industrial group company, arising as a result of participation in the activities of financial and industrial groups, participants of financial and industrial groups are jointly and severally liable.
Design characteristics of a joint and several obligation shall be established by a Treaty on the establishment of financial and industrial groups.
Article 15. Public support for the activities of financial and industrial groups 1. Measures of the State support of the activities of financial and industrial groups, established by the decision of the Government of the Russian Federation are: set-off the debt of party financial-industrial group, shares of which are sold to investment competitions (tenders), to the extent provided for in terms of investment competitions (tenders) investment for the buyer-centric companies the same financial-industrial group;
giving participants financial-industrial groups of the right independently to determine the timing of equipment depreciation and accumulation of depreciation with the direction received funds for activities of financial and industrial groups;
transfer of asset management company's central financial and industrial group temporarily reserved for state blocks of shares of participants in the financial and industrial group;
the provision of State guarantees in order to attract a different kind of investment;
providing investment loans and other financial support for projects of financial and industrial groups.
State authorities of the constituent entities of the Russian Federation, within the limits of their competence may provide additional benefits and guarantees of financial and industrial groups.
2. The Central Bank of the Russian Federation can be granted to banks-participants of financial and industrial groups, carrying out investment activity in it, perks, Envisioning reduction of norms of compulsory redundancy, change of other standards in order to enhance their investment activity.
3. the Government of the Russian Federation is developing a procedure for the provision of support measures of financial and industrial groups, in accordance with the priorities in the industrial and social policy, asserted them annually at the time of submission of the draft federal budget for the respective year, and reports on the results of their applications in the financial performance report of the federal budget.
Chapter v. monitoring and reporting of financial and industrial GROUP Article 16. Annual report financial and industrial group 1. No later than 90 days after the end of the financial year of the central company financial-industrial group represents all participants of financial and industrial groups, the authorized State body report on the activities of the financial-industrial group in the form, established by the Government of the Russian Federation, and also publishes the specified report.
2. The report shall be drawn up on the results of the audit of financial-industrial groups of the independent auditor.
3. The audit shall be conducted at the expense of the central financial and industrial group company.
Article 17. Supervision of financial-industrial group 1. Plenipotentiary of the State authority may not more often than once per year require an account of the activities of financial and industrial groups and assign it to an audit.
2. Review conducted on the initiative of the authorized State body shall be carried out at its expense.
3. participants of financial and industrial groups are obliged to provide the competent authority, upon request, with any information on the current activities of financial and industrial groups.
4. on the basis of the annual report or the current financial-industrial group Plenipotentiary, the public authority is obliged to take measures in case of detection of inaccurate information in the submitted documents, evading detection, communicate the necessary documents in the activities of the financial-industrial group of Misfit Treaty establishing and organizing project, inconsistencies the central company financial-industrial Group Charter, granted rights abuse and support measures, violations of the legislation of the Russian Federation, of the legislation of the constituent entities of the Russian Federation. Depending on the nature and extent of the violation, the Plenipotentiary of the State authority may: invite participants of financial and industrial groups to eliminate shortcomings and set a timetable for their elimination;

contact the Government of the Russian Federation, the authority of the Russian Federation proposing to deprive financial-industrial group of all or part of their rights or support measures;
to take measures to bring to justice, established by the legislation of the Russian Federation, persons guilty of its violation;
contact the Government of the Russian Federation with a proposal on the cessation of the validity of the certificate of registration of a financial-industrial group.
About each of the following State body informs the Plenipotentiary of the Government of the Russian Federation.
5. authorized State body on the treatment by the Government of the Russian Federation, the organ of State power of constituent entities of the Russian Federation was adopted.
CHAPTER VI. ELIMINATION of financial-industrial group Article 18. The concept of elimination of financial-industrial group financial-industrial group is considered to be liquidated since the termination of the registration certificate of financial-industrial group and its exclusion from the State Register of financial-industrial groups.
Article 19. Reason to eliminate financial-industrial group is liquidated in the cases: the adoption by all the participants of the financial and industrial group decision to terminate its activities;
entry into force of the court verdict on the invalidation of a Treaty on the establishment of financial and industrial groups;
set an enforceable court decision of infringement of the legislation of the Russian Federation to establish financial-industrial group;
the expiry of the Treaty establishing the financial-industrial group, if it is not extended, the participants of the financial and industrial group;
adoption by the Government of the Russian Federation decision on termination of the registration certificate of financial and industrial groups in connection with the incompatibility of its activities the terms of the agreement on its establishment and institutional project, as well as in the case of a repeat offender acts under article 17 hereof, if it has already taken measures under this article.
Article 20. The consequences of the Elimination of 1. Plenipotentiary of the State body in any of the article 19 of this federal law cases will invalidate the certificate of registration of financial-industrial groups and exclude the appropriate entry from the State Register of financial-industrial groups.
2. Obligations of parties to financial-industrial group for the execution of a Treaty on the establishment of financial and industrial group operating in the event of its winding, as it does not contradict this federal law and the Civil Code of the Russian Federation.
CHAPTER VII. FINAL PROVISIONS Article 21. Clarification of the normative legal acts of the Government of the Russian Federation to bring into compliance with this federal law normative legal acts of the federal bodies of executive power.
Article 22. The entry into force of this federal law 1. This federal law shall enter into force on the day of its official publication.
2. the activities and related documents registered at the time of the entry into force of this federal law, financial and industrial groups should be brought into compliance with this federal law, and they have to re-register within six months from the date of its entry into force.
3. The Government of the Russian Federation formed by the Plenipotentiary of the Government body provides a priority order of re-registration of existing financial-industrial groups.
Russian President Boris Yeltsin in Moscow, the Kremlin November 30, 1995, N 190-FZ