Spconsumed by Federal Law of December 22, 2014. N 432-FZ RUSSIAN FEDERATION FEDERAL LAW On insolvency (bankruptcy) of credit organizations Adopted by the State Duma on 18 September 1998 Approved by the Federation Council on October 14, 1998 02.01.2000 N 6-FZ; 19.06.2001 N 86-FZ; dated 07.08.2001 N 116-FZ; dated 21.03.2002. N 31-FZ; of 08.12.2003 N 169-FZ; dated 28.07.2004. N 84-FZ; dated 20.08.2004 N 121-FZ; of 18.12.2006 N 231-FZ; dated 29.12.2006 N 247-FZ; dated 01.12.2007 N 303-FZ; of 23.07.2008 N 160-FZ; of 22 December 2008 N 270-FZ; dated 28.04.2009. N 73-FZ; of 19.07.2009 N 195-FZ; dated 07.02.2011 N 8-FZ; of 27.06.2011 N 162-FZ; of 21.11.2011 N 327-FZ; of 06.12.2011 N 409-FZ; dated 28.07.2012; N 144-FZ; of 02.07.2013 N 146-FZ; 05.05.2014 N 112-FZ; dated 21.07.2014 N 218-FZ; 04.10.2014 N 289-FZ; from 14.10.2014 N 304-FZ G l in I. General C et I am 1. The subject of regulation of this Federal Law 1. This Federal Law establishes the procedure and conditions for the implementation of measures to prevent the insolvency (bankruptcy) of credit institutions, as well as the peculiarities of the grounds and procedures for the recognition of credit institutions insolvent (bankrupt). and their liquidation in a competitive process. 2. The relationship between the implementation of insolvency (bankruptcy) measures of credit organizations not regulated by this Federal Law is governed by other federal laws and in accordance with them. The Central Bank of the Russian Federation (hereinafter referred to as the Bank of Russia). 3. The insolvency (bankruptcy) of credit organizations not regulated by this Federal Law are governed by the Federal Law " The insolvency (bankruptcy) " and in the cases provided for by this Federal Law. C) I am 2. Insolvency (bankruptcy) of Credit Organization 1. The insolvency (bankruptcy) of the credit institution is understood by the failure of the arbitral tribunal to satisfy the creditors ' claims on monetary obligations and (or) to fulfil the obligation to pay the mandatory payments (hereinafter referred to as "insolvency"). (...) (...) For the purposes of this Federal Law, the obligation of the credit institution to pay the mandatory payments is understood to be the obligation of the credit institution to pay mandatory payments. Payments to the relevant budgets, which are defined in accordance with the Federal Law "On insolvency (bankruptcy)", as well as the obligation of the credit institution to execute instructions (orders) to transfer from the accounts of its clients Mandatory payments to the respective budgets. (The paragraph is supplemented by the Federal Law of 20.08.2004). N 121-FZ) 2. A credit organization is considered unable to satisfy the creditors ' claims on monetary obligations and (or) to fulfil the obligation to pay the mandatory payments if the duties are not performed by it within fourteen days after the date of payment. The date of their execution and (or) the value of the assets of the credit institution is insufficient to meet its obligations to creditors and (or) the obligation to pay the mandatory payments. (In the wording of the Federal Law of 28 April 2009, N 73-FZ) C t I am 3. The bankruptcy prevention measures credit organizations 1. In accordance with this Federal Law, the following measures to prevent the bankruptcy of credit institutions are being implemented until the day of revocation of banking licenses: 1) financial recovery credit institution. For the purposes of this Federal Act, the financial health of the credit institution means the extrajudicial enforcement of the measures stipulated in article 7 of this Federal Law; 2) the appointment of an interim administration. credit institution management (hereinafter referred to as interim administration), except for the appointment of a temporary administration in connection with the withdrawal of the banking licence; 3) reorganization of credit Organization. (Paragraph in the Federal Law of 20.08.2004. N 121-F) 2. Measures to prevent the collapse of credit institutions shall be carried out on the basis of the grounds set out in article 4 of this Federal Law. Credit Organization, its founders (participants), members of the board of directors (supervisory board), its sole executive body and a collegiate executive body in the event of such reasons To take the necessary and timely measures for financial recovery and (or) reorganization of the credit institution. (In the wording of the Federal Law of 28 April 2009, N73-FZ The Bank of Russia, in accordance with the procedure established by Bank of Russia regulations, in the event of the grounds provided for in article 4 of this Federal Law, may require from The credit institution for the implementation of measures for its financial rehabilitation, reorganization, as well as the appointment of a provisional administration. (In the wording of Federal Law No. N 121-FZ The requirement to implement measures for financial recovery of the credit institution is not sent when the Bank of Russia is obliged to revoke the banking license from the credit institution. Transactions on one or more grounds provided for in article 20, paragraph 2, of the Federal Act on Banks and Banking (as amended by Federal Act No. 17-FZ of 3 February 1996) (hereinafter referred to as the Federal Act on Banks and Banking). (The paragraph is supplemented by the Federal Law of 20.08.2004). N 121-FZ C t I am 4. Grounds for implementing measures for bankruptcy of a credit bankruptcy If not otherwise provided by this Federal Act, measures to prevent the bankruptcy of the credit institution, provided for in article 3 of this Federal Act are implemented in cases where the credit institution: does not meet the requirements of the creditors of (creditor) on several occasions in the last six months. (commitment) and (or) does not meet the obligation to pay the mandatory payment of up to three days from the date on which they are due due to the absence or insufficiency of funds on correspondent accounts organi; (In the wording of Federal Law of 20.08.2004) N 121-FZ) does not meet the requirements of the creditors of the (creditor) on the monetary liabilities of (obligation) and (or) does not fulfill the obligation to pay the mandatory payments on time, Over three days from the date on which they were satisfied and (or) the date of their performance, due to the absence or insufficiency of funds on the correspondent accounts of the credit institution; (In the wording of Federal Law dated 20.08.2004. N 121-FZ) allows the absolute reduction of the value of its own funds (capital) compared to their maximum achieved in the last 12 months, by more than 20 per cent At the same time, one of the mandatory standards set by the Bank of Russia was violated simultaneously; , in the wording of the Federal Law 08/08/2004 N 121-FZ) violates the Bank of Russia's capital adequacy ratio; is in violation of the current liquidity of the credit institution set by the Bank of Russia during the past Months by more than 10 percent; allows a decrease in equity (capital) as a result of the reporting month below the size of the charter capital defined by the constituent instruments credit institution registered in the order in which established by federal laws and regulations adopted by the Bank of Russia in accordance with them. In the event of this reason, the credit institution is not subject to bankruptcy prevention within the first two years from the date of the issuance of the banking licence. Federal Act of 19 June 2001 n 86-FZ; as amended by the Federal Act of 20 August 2004. N 121-FZ) Article 4-1. The responsibility of the credit organization under grounds for implementing measures bankruptcy 1. The credit institution is obliged to notify the Bank of Russia (Bank of Russia) of the holding of general meetings of founders (participants) from the day of the establishment of the grounds stipulated by Article 4 of this Federal Law and until the day of their elimination. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2) on transactions (several related transactions): with persons interested or affiliated to the credit institution by persons determined in accordance with federal law, or with persons whose activities are controlled or have a significant influence credit institution or with persons under the control or significant influence of which the credit institution is located; (In the wording of the Federal Law dated 02.07.2013 N 146-FZ) assets related to the disposition of the assets of the credit institution, the value of which amounts to more than 1 per cent of the assets of the credit institution as determined by its accounting records The bank's assets amounted to RUB 15.9 billion, including RUB 12.9 billion from RUB 11 billion in the same period of the previous year. loans, bills of exchange, and securities transactions (including the issuance of securities), guarantees and surety, assignment of rights (claims), adoption and forgiveness of debt, novations, soles, as well as with the establishment of trust management; related to the acquisition of shares (shares) in The charter capital of economic societies, or with participation in the establishment of other legal entities. 2. Notification of the transactions referred to in paragraph 1 of this article shall be sent by the credit institution to the Bank of Russia within five days from the date of the transaction. Notice of the general meeting of the founders (participants) of the credit institution, the meeting of its board of directors (the supervisory board) shall be sent to the Bank of Russia no later than five days before the day of such meeting, the meeting, except where the grounds provided for in article 4 of this Federal Act have arisen within the time limit for the notice given by this paragraph. In this case, the credit institution shall notify the general meeting of the founders (participants) of the credit institution and the meeting of its board of directors (the supervisory board) no later than the day following the date on which the grounds arose, as provided for in article 4 of this Federal Act. 3. A credit institution with the grounds stipulated by article 4 of this Federal Law and implementing measures for financial recovery without the Bank of Russia providing the requirements stipulated by Article 12 of this Federal Law, shall cease to notify the Bank of Russia of the events referred to in paragraph 1 of this Article from the date of removal of the grounds provided for in article 4 of this Federal Law. 4. The Bank of Russia has the right to send an observer (observers) to participate in the general meeting of the founders (participants) of the credit institution and the meeting of its board of directors (supervisory board). Observer (observers) is allowed to participate in the general meeting of the founders (participants) of the credit institution, the meeting of its board of directors (supervisory board) on the basis of the decision of the Bank of Russia. Observer (observers) takes part in the general meeting of the founders (participants) of the credit institution, the meeting of its board of directors (supervisory board) without the right to vote, meets the protocols and Other materials of this meeting, meetings. (Article added: Federal Law of 20.08.2004) N 121-FZ) Article 4-2. Responsibilities of the head, members of bodies control, founders (members) of the credit organization in case of signs of insolvency (bankruptcy) of credit organization 1. In the event of the insolvency (bankruptcy) of the credit institution provided for in article 2, paragraph 2, of this Federal Act and (or) the grounds referred to in article 20, paragraph 1, of the Federal Act on Banks and "Banking activities", the head of a credit institution, recognized as such under Article 11-1 of the Federal Law, is obliged, within ten days of their occurrence, to: 1) to be sent to the board of directors (supervisory board) of the credit organization a reasoned request for the convocation The extraordinary general meeting of the founders (participants) of the credit institution to consider the issue of liquidation of the credit institution and the application to the Bank of Russia to revoke or revoke the license for implementation of the credit institution Bank operations; 2) to notify the Bank of the Russian Federation of the establishment in the credit institution of the specified grounds and referral to the Board of Directors (Supervisory Board) of the credit institution provided for in paragraph 1 of this paragraph requirements. 2. Within three days from the date of receipt of paragraph 1, paragraph 1, subparagraph 1, of this article, the head of the credit institution (the supervisory board) of the credit institution is obliged: 1) to decide on the convocation. The extraordinary general meeting of the founders (participants) of the credit institution and not later than within twenty days from the day of the decision to inform the founders (participants) of the credit institution of holding such a general meeting; 2) notify the credit manager's decision Organization and the Bank of Russia. 3. In the event that the head of the credit institution is not elected or appointed, the members of the board of directors (supervisory board) of the credit institution shall be responsible for the application of the measures referred to in paragraph 1 of this article. 4. In case the board of directors (supervisory board) of the credit institution failed to perform the duties stipulated in paragraphs 2 and 5 of this article, the head of the credit institution is obliged to perform the duties of the board of directors (supervisory board). of a Board) of a credit institution established by paragraphs 2 and 5 of this Article, respectively, within three days from the date of expiry of the terms set out in paragraph 2 and paragraph 5 of this article, respectively. 5. In case the board of directors (the supervisory board) of the credit institution does not decide to convene an extraordinary general meeting of the founders (participants) of the credit institution in the manner provided for in paragraph 2 of this article, the members of the board The credit institution's directors (supervisory board) are obliged to apply to the Bank of Russia for revocation or withdrawal of a license to carry out banking operations within three days from the date of expiry of the term of the credit institution. referred to in paragraph 2 (1) of this article. In case the decision to liquidating the credit institution and sending a request to the Bank of Russia to revoke or revoke the license for banking operations is not approved by the extraordinary general meeting The credit institution's founders (participants), members of the board of directors (supervisory board) are obliged to apply to the Bank of Russia for cancellation or withdrawal of the banking license from the credit institution. within three days of the holding of the said general meeting the founding members of the credit institution. 6. The decision on liquidation of the credit institution and referral to the Bank of Russia of a request to revoke or revoke the license for banking operations is taken by the general meeting of the founders (participants) of the credit institution. By a majority vote of the total number of votes of the founders (participants) of the credit institution who participated in the voting. 7. Constituents (participants) of the credit institution having the right to give mandatory instructions or otherwise determine its actions, but did not take the decision on liquidation of the credit institution and direction to the Bank of Russia within the prescribed period of time. Applications for revocation or withdrawal of a banking licence from the credit institution and members of the board of directors (supervisory board) or the head of a credit institution that has failed to fulfil the obligations set out in the paragraphs 2 to 5 of this article, if the assets of the credit institution are insufficient In order to satisfy the claims of creditors, a subsidiary liability is incurred in respect of the monetary obligations of the credit institution and (or) the performance of its obligation to pay the mandatory payments that arose after the appearance of the indications The insolvency (bankruptcy) under article 2, paragraph 2, of this Federal Act. 8. "If the decision on liquidation of the credit institution and directions to the Bank of Russia on cancellation or withdrawal of a license to conduct banking operations from the credit institution is not accepted by the general meeting of the founders (participants) of the credit institution," the bank said in a statement. Organizations convened under paragraph 2, subparagraph 1 of this article to subsidiary liability under paragraph 7 of this article may not be held by the founders (participants) of the credit institution: 1) with affiliates of less than 10 per cent of voting shares A joint-stock company (from the total number of votes of joint-stock companies); 2) who voted for the decision to liquidating the credit institution and send a petition for revocation or withdrawal from the credit institution to the Bank of Russia bank operations license organizations; 3) duly notified of the convening of a general meeting of the founders (participants) of the credit institution. dated 28.04.2009. N 73-FZ) Article 5. Procedures in the bankruptcy of a credit organization 1. When the arbitral tribunal is seized of the bankruptcy case of the credit institution (hereinafter referred to as the bankruptcy case), the insolvency proceedings shall be used. 2. Under the bankruptcy of the credit institution, supervision, financial recovery, external management, and the settlement of the settlement, provided by the Federal Law "On insolvency (bankruptcy)", do not apply. Federal Law of 20.08.2004 N 121-FZ C t I am 6. (Spconsumed by Federal Law of 20.08.2004) N 121-F) G l in a II. Financial Recovery Credit Organization C t I am 7. Financial Recovery Measures Credit Organization The following measures may be taken to improve the financial health of the credit institution: financial assistance to the credit institution by its founders (participants) and other persons; change the structure of assets and the liability structure of a credit institution; change the organizational structure of the credit organization; adjustment to match size the authorized capital of the credit institution and its size Capital (capital); (Paragraph added is the Federal Law of 19.06.2001. N 86-FZ) other measures implemented in accordance with federal laws. C but I am 8. Provide financial assistance to the credit organization of its founders (participants) and other persons 1. The financial assistance of the credit institution by its founders (participants) and other persons may be provided in the following forms: 1) of the deposit in a credit institution with a return period of at least six months and with interest rate not exceeding the interest rate of the Bank of Russia; 2) granting surety (bank guarantees) on loans for a credit institution; 3) grace period and/or installments; 4) credit transfer the organization, with the consent of its creditors; 5), to refuse to distribute the profits of the credit institution as a dividend and send it to the credit institution's financial rehabilitation measures; 6) of an additional contribution to the authorized capital of the credit institution; 7) of the debt of the credit institution; 8) of the novelty, as well as in other forms that contribute to the elimination of the causes that called for measures to be taken The financial rehabilitation of the credit institution. 2. The funds in bank accounts and in deposits in the credit institution may be used by its creditors to increase the authorized capital of the credit institution in the order established by the Bank of Russia. 3. The decision on the forms and modalities of the financial assistance of the credit institution is taken by the credit institution itself and by the financial aid provider. C t I am 9. Change the structure of assets and the structure of the liabilities of a credit institution 1. The change in the structure of the credit institution's assets may include: 1) improving the quality of its loan portfolio, including the replacement of illiquid assets with liquid assets; (2) compliance with the terms of the obligations to enforce them; 3) a reduction in the cost of the credit institution, including servicing the debt of the credit institution, and the costs of its management; 4) the sale of assets, not of revenue-producing and non-inhibit sales Bank operations by a credit institution; 5) other measures to change the structure of its assets. 2. The change in the credit organization's liabilities may include: 1) raising equity (capital); (2) reducing the size and/or share of current and short-term liabilities in the overall structure (b) Increase in the share of medium-and long-term liabilities in the general liability structure; 4) other measures to change the structure of its liabilities. 3. (Deleted-Federal Act 6/19/2001) N 86-FZ) Article 9-1. Aligns the size of the authorized capital of the credit organization and measure of your own funds (capital) to the credit organization 1. If the amount of the credit institution's equity (capital) is less than the size of its authorized capital, the credit institution is obliged to bring the size of the capital and the amount of its capital into conformity with the amount of its authorized capital. Ow-funds (capital). 2. The credit institution is obliged to take a decision on liquidation if the amount of the credit institution's equity (capital) at the end of the second and every subsequent financial year becomes less than the minimum amount of the authorized capital, of the Federal Law "On joint-stock companies" or by the Federal Law "On Societies with Restricted Liability". In the event of a failure by a credit institution within three months with of the Bank of Russia is obliged to apply to the arbitral tribunal with a statement on the liquidation of the credit institution. (The paragraph is supplemented by the Federal Law of 20.08.2004). N 121-FZ) 3. (Spated by Federal Law of 28 April 2009) N 73-FZ) N 86-F) C t I am 10. A change in the organizational structure of the Credit Organization Change the Organizational Structure of a Credit Organization: Change the composition and size of the credit institution's employees; Change in the structure, reduction and elimination of distinct and other structural units of the credit institution, as well as other means to address the causes of the need for financial measures. The rehabilitation of the credit institution. C t I am 11. The application of the sole executive of the credit institution to implement measures to prevent bankruptcy of a credit institution 1. The single executive body of the credit institution (hereinafter referred to as the head of the credit institution), in the event of the circumstances provided for by article 4 of this Federal Law, shall within 10 days of occurrence apply to the board of directors (supervisory board) of the credit institution with a request for the implementation of measures for financial recovery of the credit institution or with a request to reorganize the credit institution provided that the reasons may not be rectified by the executive credit institution. (In the wording of Federal Law of 20.08.2004) N 121-F) 2. The application of the head of the credit institution for the implementation of measures for the financial rehabilitation of the credit institution or the application for reorganization of the credit institution should contain recommendations on the modalities, nature and timing of their implementation. 3. Board of Directors (Supervisory Board) of the credit institution which, in accordance with paragraph 1 of this article, is requested to implement measures for the financial rehabilitation of a credit institution or an application for The reorganization of the credit institution, should take a decision on the petition within 10 days from the moment of its direction and inform about the decision taken by the Bank of Russia. Law dated 20.08.2004. N 121-FZ) 4. The head of the credit institution is obliged to apply to the Bank of Russia for a period of three days from the expiration of the period stipulated by paragraph 3 of this article for the implementation of measures to prevent the bank's bankruptcy. The directors (supervisory board) of the credit institution did not take a decision on the application for bankruptcy measures within the time limit set by paragraph 3 of this article or refused to take a decision on the implementation of the measures the prevention of bankruptcy, or refused to convene a general meeting of founders (c) Credit organization, if the need for such a meeting arises from the substance of the measures for the prevention of the bankruptcy of the credit institution, or if the founders (participants) of the credit institution did not take a decision on the implementation of the measures If the need for such a decision arises from the substance of the measures to prevent the insolvency of a credit institution. (In the wording of Federal Law No. N 121-FZ) Article 12. Implementation of financial recovery measures credit institution at the request of the Bank of Russia 1. In cases provided for in article 4 of this Federal Act or article 74 of the Federal Act of 10 July 2002, the Central Bank of the Russian Federation (the Central Bank of the Russian Federation) is entitled to submit a claim to the credit institution. on the implementation of measures for its financial rehabilitation. Such a requirement should contain an indication of the reasons for its referral, as well as recommendations on the modalities and timing of the measures for the financial recovery of the credit institution. Within five days of receiving a request from the Bank of Russia on the implementation of measures on financial recovery of the credit institution, the head of the credit institution is obliged to apply to the board of directors (supervisory board) of the credit institution. The organization with a request for the implementation of measures for the financial rehabilitation of the credit institution and (or) application for its reorganization. 2. In case the credit institution and (or) the results of a check by the Bank of Russia revealed that the amount of its own funds (capital) was less than the amount of its authorized capital, The Bank of Russia is obliged to send to such a credit institution a requirement to adjust the size of the authorized capital of the credit institution and the amount of its own funds (capital). If in the last 12 months prior to the moment when the Bank of Russia is required by this article to submit to the credit institution a requirement to adjust the size of the authorized capital of the credit institution The organization and values of its own funds (capital), the Bank of Russia has changed the method of calculation of the size of its own funds (capital) of the credit institution, for the purposes of this article the method according to which the amount of own The credit institution's capital (capital) reaches its maximum value. If it is impossible to increase the amount of its own funds (capital) to the size of its authorized capital, the credit institution is obliged to reduce it within 45 days from the date of receipt of the said requirement of the Bank of Russia. The size of the charter capital up to a value not exceeding its own funds (capital) and to amend its constituent instruments accordingly. Creditors of the credit institution (hereinafter also creditors) shall not be entitled to demand the termination or early fulfilment of the obligations of the credit institution on the basis of a reduction made in accordance with the requirements of this article. The size of the authorized capital. It does not apply the provisions of the Russian Federation's legislation on the obligation to notify creditors of their right to require the credit institution to terminate or advance its obligations and to recover the resulting losses. 3. "From the date of receipt of the request of the Bank of Russia on the implementation of measures on financial recovery of the credit institution, containing the grounds for its direction, the credit institution is not entitled to receive a credit institution until the day of receipt of the corresponding permission of the Bank of Russia," the bank said. Decision on distribution of profits between its founders (participants), payment (declaration) of dividends, as well as distributing profits between its founders (participants), paying them dividends, meeting the requirements of the founders (participants) of credit the allocation of a share (part of the share) or the payment of its actual The cost or purchase of the shares of the credit institution. 4. The Bank of Russia within five days from the date of receipt of a credit institution implementing measures for financial recovery in accordance with the Bank of Russia's request to document the elimination of the grounds stipulated by Article 4 of the Bank of Russia The Federal Act is required to send a message to the credit institution to cancel the requirement for financial recovery. The date of receipt of such a communication by the credit institution shall not apply the restrictions referred to in paragraph 3 of this article and terminate the duties of the credit institution provided for in Article 4-1 of this Federal Law. The establishment of the grounds for the implementation of measures to prevent bankruptcy. 5. In the event of the grounds provided for in article 4 of this Federal Law, the Bank of Russia is entitled to require the credit institution to conduct a credit institution within ten days of the Board's meeting. The directors (supervisory board) of the credit institution or the extraordinary general meeting of the founders (participants) of the credit institution to decide on the implementation of measures for the financial rehabilitation of the credit institution. (Article as amended by Federal Law dated 20.08.2004. N 121-FZ C t I am 13. The { \cs6\f1\cf6\lang1024 } Credit Organization { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } In case of establishment of the grounds stipulated by Article 4 of this Federal Law, the Bank of Russia may require the credit institution to develop and implement a plan of measures for financial recovery. (In the wording of Federal Law No. N 121-F) 2. The plan of measures for the financial health of the credit institution should necessarily contain: rating the financial state of the credit institution; specifying the form and size of participation of the founders (participants) of the credit institution Organization and other persons in its financial rehabilitation; measures to reduce the cost of the credit institution; measures to generate additional revenues; measures to return the overdue receivables debt; arrangements for organizational change credit organization; period of restoration of the level of equity (capital) and current liquidity of the credit institution. The Bank of Russia's plan of measures for the financial rehabilitation of the credit institution is established by the Bank of Russia. 3. The procedure and deadlines for the submission of the plan of measures for the financial rehabilitation of the credit institution, as well as the procedure and deadlines for the control over its implementation shall be established by the Bank of Russia regulations. (In the wording of Federal Law No. N 121-FZ) Article 14. The responsibility of the leaders, board members directors (supervisory board), founders (participants) 1. If the bankruptcy of the credit institution has come as a result of the acts or omissions of its leaders, members of the board of directors (the supervisory board), the founders (s) or other eligible persons, In the case of a credit institution, or otherwise, to determine its actions by persons (hereinafter referred to as controlling persons), in the case of such persons, in case of failure of the credit institution's property to satisfy the creditors ' claims, the arbitral tribunal may be charged with liability for cash obligations the credit institution and/or the performance of its obligation to pay the mandatory payments. The arbitral tribunal is entitled to reduce the liability of the persons concerned if it is established that the amount of damage caused by their fault to the property rights of creditors is substantially lower than the amount of claims to be met at the expense of the persons concerned. The persons referred to in the first paragraph of this paragraph shall be found guilty if their decisions or actions (including abuse of authority), which resulted in the appearance of signs of bankruptcy, were not in conformity with the principles of good faith and reasonableness, corresponding to the normative legal acts of the Russian Federation, banking regulations, the charter of the credit institution or the customs of business turnover, and if they are subject to the grounds provided for in article 4 of this Federal Act. of the law, did not take measures envisaged by this Federal Act for the prevention of the bankruptcy of the credit institution. The founding members of the credit institution shall be responsible for such inaction if they are aware of the existence of the grounds. 2. In case of insufficient assets of the credit institution to satisfy the creditors ' claims on the monetary liabilities of the credit institution and (or) the performance of its obligation to pay the mandatory payments, if the accounting records and (or) Reports, other documents that reflect the economic activities of the credit institution and the obligation to prepare, or retain or store them by the law of the Russian Federation, and credit organization databases on electronic media (database backups), which contain information about the property, obligations of the credit institution, their movements and responsibility for which the Federal Law "On Banks and Banking Activities" has not been transferred The procedure for the provisional administration of the credit institution or the insolvency representative, or in whole or in part, is not available to the head of the credit institution liable to ensure the safety of its documentation and (or) property Liability for and (or) the monetary liabilities of the credit institution Mandatory payment obligations. (In the wording of the Federal Law of 28 July 2012, N 144-FZ)3. Persons engaged under the present Federal Act to subsidize the liability of the credit institution and (or) the performance of its duty to pay the mandatory payments are not entitled to acquire shares (shares) other than The credit institution, which accounts for more than five percent of its authorized capital, within ten years from the date of the decision by the arbitral tribunal to declare the credit institution bankrupt. 4. Persons engaged under this Federal Act for subsidiary liability under the monetary obligations of the credit institution and (or) the performance of its obligation to pay the mandatory payments are not entitled to hold positions directors of credit organizations within three years from the date of the decision by the arbitral tribunal to declare the credit institution bankrupt. 5. The amount of the liability of persons subject to subsidiary liability under this article shall be determined on the basis of the difference between the size of the established claims of creditors and the market value of the debtor's assets, less current obligations. 6. The heads of the credit institution recognize the persons designated as such in the Federal Law on Banks and Banking Activities. (Article in the wording of Federal Law dated 28.04.2009. N 73-FZ) C t I am 15. Consequences of non-performance of requirements Chapter II of this Federal Law (Federal Law dated 20.08.2004 N 121-FZ) Failure to comply with the requirements of the true chapterby the credit institution is the basis for the Bank of Russia to apply the supervisory measures established by the Bank of Russia. Federal laws. (In the wording of Federal Law of 20.08.2004) N 121-F) G l in a III. Transitional Administration C, I am 16. Transitional Administration 1. The Interim Administration is a special management body of a credit institution appointed by the Bank of Russia in accordance with the procedure established by this Federal Law and Bank of Russia regulations. 2. The Interim Administration operates in accordance with this Federal Law, other federal laws and regulations of the Bank of Russia. 3. During the period of the provisional administration, the powers of the executive bodies of the credit institution by the Bank of Russia's decree on the appointment of the provisional administration may be either limited or suspended in order and under conditions established by the Bank of Russia. A true federal law. C but I am 17. The purpose of the temporary administration 1. The Bank of Russia has the right to appoint a provisional administration if: 1) the credit institution does not meet the requirements of the creditors (creditor) on the monetary liabilities of (obligation) and (or) is responsible for the payment of mandatory payments within a period exceeding seven days or more from the date on which they are satisfied and (or) performance, due to the absence or insufficiency of funds on correspondent accounts organizations; (In the wording of Federal Law dated 20.08.2004. N 121-FZ) 2) the credit institution allows for the reduction of its own funds (capital) as compared to its maximum value reached in the last 12 months, by more than 30 per cent at the same time One of the mandatory standards set by the Bank of Russia; 3) the credit institution violates the current liquidity standard set by the Bank of Russia, over the last month by more than 20 percent; 4). The Bank of Russia does not fulfill the requirements of the Bank of Russia to replace the head of the credit institution. organization or on the implementation of measures for financial recovery or reorganization of the credit institution within the prescribed period; 5) in accordance with Federal Law "About banks and banking activities" there are grounds for revoking a banking license from the credit institution. 2. The Bank of Russia is obliged to appoint a temporary administration to the credit institution no later than the day following the day of revocation of the banking license from the credit institution. The paragraph is supplemented by the Federal Law of 19 June 2001. N 86-FZ) 3. The Bank of Russia's decision to appoint the temporary administration is included in the Unified Federal Register of Bankruptcy Information not later than the following working day from the date of the said act and is published by the Bank of Russia in The Bank of Russia's "Herald" is within 10 days of its adoption. In the wording of the federal laws of 19 June 2001, N 86-FZ; dated 28.07.2012; N 144-FZ) C t I am 18. Duration of the temporary administration 1. The temporary administration is appointed by the Bank of Russia for a period of no more than six months. (In the federal laws , 19.06.2001 N 86-FZ; dated 20.08.2004 N 121-FZ) 2. (Federal Act of 20 August 2004). N 121-FZ) 3. If, by the end of the period stipulated by this Federal Act, the provisional administration still has grounds for her appointment, as provided for by this Federal Law, the provisional administration shall send to the Bank of Russia Application for revocation of the banking licence from the credit institution. The paragraph is supplemented by the Federal Law of 19 June 2001. N 86-FZ)4. The temporary administration, designated by the Bank of Russia after withdrawing from the credit institution of the license to carry out banking operations, shall exercise its powers in the credit institution provided by this Federal Law from the day of its before the date on which the arbitral tribunal issued the decision to declare the credit institution bankrupt and of the commencement of the insolvency proceedings (approval of the insolvency representative), or until the date of entry into force of the decision of the arbitral tribunal on the appointment liquidator of the credit institution (hereinafter also the liquidator). The paragraph is supplemented by the Federal Law of 19 June 2001. N 86-FZ; in the wording of Federal Law of 20.08.2004 N 121-FZ) C t I am 19. Head of the temporary administration 1. The temporary administration is appointed by the Bank of Russia. (In the wording of the federal laws of 19 June 2001, N 86-FZ; dated 28.07.2004. N 84-FZ) 2. The composition of the provisional administration is determined by the order of the Bank of Russia, which is included in the Unified Federal Register of Bankruptcy Information not later than the following working day from the date of the adoption of the said act. The Head of the Interim Administration distributes duties among the members of the interim administration and is responsible for its activities. The interim administration may, in coordination with the State Corporation "Deposit Insurance Agency" (hereinafter referred to as the Agency), include its employees. (In the wording of the federal laws of 20 August 2004, N 121-FZ; dated 28.07.2012; N 144-F) 3. The head of the interim administration shall, in case of suspension of the powers of the credit institution's executive bodies, carry out activities on behalf of the credit institution without a power of attorney. Article 20. Responsibility of the head of the interim management for non-performance or improper performance of his duties In the event of default or improper execution by the manager It is the responsibility of the interim administration in accordance with federal laws. (...) (...) N 86-FZ C t I am 21. Functions of the interim administration in the case of limits to the executive powers of the credit institution 1. In case of limiting the powers of the credit institution's executive bodies, the interim administration performs the following functions: conducts a survey of the credit institution; (Paragraph is amended by Federal Law from 19.06.2001. N 86-FZ )establishes the existence of grounds for revoking license for banking operations provided for in article 20 of the Federal Law on Banks and Banking Activities; Law of 19.06.2001 N 86-FZ participates in the development of the credit organization's financial recovery activities and controls their implementation; oversees the management of the property of the credit institution within established by this article; other functions in accordance with federal laws. 2. In implementing the functions of paragraph 1 of this article, the provisional administration: receives the necessary information and documents from the credit institution's authorities concerning the activities of the credit institution; gives consent to the credit institution management bodies referred to in paragraph 3 of this article; appeals to the Bank of Russia for the suspension of the powers of the credit management bodies. organizations, if they impede the exercise of functions Administration or if necessary to implement measures to prevent the insolvency of a credit institution. For the purposes of this Federal Act, obstructing the exercise of the functions of the interim administration shall be understood to be the commission by officials of a credit institution or persons acting on their behalf, unlawful acts, or their inaction Failure to comply with the federal law, including failure to provide, under federal law, documents for the negotiation of transactions), as well as the creation of conditions under which the interim administration may not fully or Part of the functions assigned to it by the Federal Law and regulations of the Bank of Russia. (In the wording of Federal Law No. N 121-F) 3. The credit institution's management authorities only have the right, with the consent of the provisional administration, to make transactions: related to the transfer of the real estate of the credit institution to the lease, the deposit, with the deposit as a contribution to the charter the capital of third parties, as well as with the disposition of such property in another manner; related to the disposition of other assets of the credit institution with an inventory value of more than 1 per cent of the book value of the assets of the credit institution organizations, including the receipt and issuance of loans and loans, guarantees and sponsorship, assignment of claims, acceptance and debt forgiveness, novations, soles, and also with the establishment of trust management; (In the wording of Federal Law dated 20.08.2004. N 121-FZ) with persons interested or affiliated to a credit institution by persons determined in accordance with federal law or with persons against whom the credit institution is responsible for in accordance with federal law is the person concerned, or with persons whose activities are controlled by the credit institution or with persons under the control or influence of which the credit institution has a significant influence is a credit institution. (In the wording of the federal laws of 20 August 2004, N 121-FZ; dated 02.07.2013. N 146-FZ) C t I am 22. Functions of the interim administration in the case of suspension of the executive powers of the credit institution 1. In the case of suspension of the powers of the credit institution's executive bodies, the interim administration performs the following functions: implements the powers of the credit institution's executive bodies; of 19.06.2001. N 86-FZ )establishes the existence of grounds for revoking license for banking operations provided for in article 20 of the Federal Law on Banks and Banking Activities; Law of 19.06.2001 N 86-FZ) develops and manages the financial health of the credit institution; takes measures to ensure the preservation of property and documentation the credit institution; sets the credit organization's creditors and the amount of their monetary obligations; is taking steps to recover the debt before the credit institution; Russia with a request for a moratorium on the settlement of claims The creditors of a credit institution; other functions in accordance with federal laws. 2. In the implementation of the functions referred to in paragraph 1 of this article, the interim administration: receives the necessary information and documents from the chief, other employees of the credit institution and other persons . concerning the activities of the credit institution; (In the wording of Federal Law of 20.08.2004) N 121-FZ) presents claims on behalf of the credit institution to the courts of general jurisdiction, arbitral tribunals and arbitration courts; appoints representatives of the interim administration to branches of the credit institution, as well as in the governing bodies of its subsidiary bodies; shall agree upon the decisions of the board of directors (supervisory board) of the credit institution or the general meeting of its founders (participants), with the exception of decisions on transactions envisaged Paragraph 3 of this article; may exclude members executive bodies of the credit institution from work (vacate) and suspend payment of wages to them; is entitled to assemble a meeting of the founders (participants) of credit Organization in the manner prescribed by federal laws; (Paragraph added is the Federal Law of 19 June 2001). N 86-FZ )is entitled to apply to the court on behalf of the credit institution demanding that members of the board of directors (supervisory board) be held accountable by the credit institution, the sole executive the credit institution (director, general director) and (or) members of the collegiate executive body of the credit institution (the board of directors), if their guilty actions (inaction) of the credit institution suffered losses, damages, if other grounds and size The law is not established by federal law; the paragraph is supplemented by the Federal Law of 19.06.2001. N 86-FZ) refers to the credit institution's name before a court or arbitral tribunal requiring recognition of transactions made by a credit institution within three years prior to the day of appointment of the provisional administration, if These transactions are in line with the signs of invalidity of the transactions referred to in article 28 of this Federal Law. (Paragraph is amended by Federal Law , 19.06.2001 N 86-F) has unfettered access to all premises of the credit institution; (Paragraph is added-Federal Law dated 20.08.2004 N 121-FZ)may, if necessary, seal the premises of a credit institution. (The paragraph is supplemented by the Federal Law of 20.08.2004). N 121-FZ 3. The provisional administration shall have the right only with the consent of the board of directors (supervisory board) of the credit institution or the general meeting of its founders (participants) within their competence, established by federal laws and constituent documents of a credit institution, to make transactions related to: with the transfer of immovable property of a credit institution to a lease, a pledge, with the payment of it as a contribution to the authorized capital of third parties, and also with the disposition of such property other ; with the disposition of other assets The organization whose book value is more than 5 per cent of the book value of the assets of the credit institution, including the receipt and issuance of credits and loans, the issuance of guarantees and surety, the assignment of requirements, the transfer and forgiveness of debt, innovations, soles, and also with the establishment of trust management. 4. The Board of Directors (Supervisory Board) of the credit institution or the general meeting of its founders (participants) within their competence, established by federal laws and constituent documents of the credit institution, has the right to extend the powers Provisional administration for the administration of the assets of the credit institution. Article 22-1. Functions of the temporary administration in the case of assign it after the credit has a license for implementing bank operations 1. The Interim Administration, designated by the Bank of Russia after revoking the license for banking operations from the credit institution, exercises the same functions and powers granted to the provisional administration in accordance with Article 22 of this Federal Law, with the exception of the function of designing, organizing and monitoring the financial rehabilitation of the credit institution. 2. The Interim Administration, designated by the Bank of Russia after withdrawing from the credit institution of a banking license, is obliged to conduct a survey of the credit institution and determine whether it has any grounds of insolvency (bankruptcy) under article 2, paragraph 2, of this Federal Act. The Bank of Russia is sending a request to the Bank of Russia to send the Bank of Russia to the Arbitration Court after the Bank of Russia revoked the banking license from the Bank of Russia. Applications for the recognition of a credit institution bankrupt. 3. The Interim Administration, following the withdrawal of a banking licence from the credit institution, determines whether there is evidence of a deliberate bankruptcy and notifies creditors that an application for recognition has been accepted by the arbitral tribunal The credit institution is bankrupt by publishing within 10 calendar days at the expense of the funds of the credit institution of "Bulletin of the Bank of Russia" and in a periodical printed publication at the place of the credit institution. The [ [ Bank of Russia]] conducts disclosure of the debtor's financial status within 10 calendar days following the declaration of recognition by the arbitral tribunal the credit institution is bankrupt. Interim administration, when the arbitral tribunal considers the application of the Bank of Russia to declare a credit institution bankrupt, presents a conclusion on the financial condition of the debtor, the composition of creditors and the existence of signs of deliberate intent bankruptcy. Within three working days of the publication of the information in paragraphs 1 and 2 of this paragraph, the provisional administration shall send the information to the Bank of Russia, which includes them in the Single Federal Register of Bankruptcy Details. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) N 121-FZ) 4. Fulfiller by the credit institution after the revocation of the banking licence until the day of commencement of the insolvency proceedings of the current liabilities (including the commission of transactions entailing current transactions) under this Federal Law, it is based on an estimate of the costs approved by the Bank of Russia. Types of transactions performed by a credit institution since the revocation of the banking license, including transactions related to the spending of cash and other disposition of the property of the credit institution, and the order of their transactions Implementation is established by the Federal Law "On Banks and Banking Activities" and adopted by the Bank of Russia regulations. (Paragraph added-Federal law dated 20.08.2004 N 121-FZ)5. The interim administration is entitled to apply to the credit institution in case of insufficient funds to fulfill the current liabilities of the credit institution relating to the preservation of its property and the protection of the interests of the creditors of the credit institution. The court, the arbitration court, issued a statement on the withdrawal of previously imposed arrests on funds held in bank accounts in the amount necessary to ensure the functioning of the credit institution in accordance with the cost estimates approved by the Bank of Russia. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ) 6. In order to establish creditors of the credit institution and the size of their claims to a credit institution, the interim administration shall be entitled to take into account the requirements of creditors in the register of creditors in the manner prescribed by paragraphs 7 to 12 of this article The Bank of Russia's regulatory act is established by the Bank of Russia's regulatory act in agreement with the Agency. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ) 7. In order to make the creditors of the credit institution meet their requirements for a credit institution, the interim administration shall send an advertisement containing information about the credit institution (name and other details), the address of the credit institution, "Information on the provisional administration, in an official publication, as defined by the authorized Government of the Russian Federation by the federal executive authority under the Federal Act on Insolvency (bankruptcy)" (hereinafter referred to as "insolvency"). Official Gazette of the Bank of Russia for publication and the Bank of Russia to include the information contained in the declared declaration in the Unified Federal Register of Bankruptcy Details. The promulgation of the declaration by the interim administration shall be made at the expense of the assets of the credit institution. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ; (In the wording of federal laws of 23.07.2008 N 160-FZ; dated 28.07.2012. N 144-F) 8. Creditors of a credit institution are entitled to submit their claims against the credit institution at any time during the period of the provisional administration. When such claims are submitted, the creditor is obliged to state, in addition to the substance of the requirements, information about himself, including the name, first name, patronymic, date of birth, identity documents, and mailing address for the sending correspondence (for a natural person), name, location (for legal person), as well as bank details (if any). A person making a claim to a credit institution is obliged to inform the provisional administration in a timely basis of the change in the particulars referred to in the first paragraph of this paragraph. In case of failure to submit such information or late submission, the interim administration and the credit institution shall not be liable for any damages caused by this loss. (*) Federal Law of 20.08.2004 N 121-FZ)9. The requirement for a credit institution with the application of court decisions that have entered into force, the arbitral tribunal, the determination to issue an executive sheet for enforcement of decisions of the arbitral tribunal or other judicial acts, as well as other genuine decisions. The documents or their duly certified copies supporting this claim shall be presented to the interim administration. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ) 10. The interim administration shall consider the claim presented and, after review not later than 30 working days from the date of receipt of the claim, shall submit it to the register of creditors as appropriate. In the same period, the interim administration shall notify the appropriate creditor of the inclusion of its claim in the creditor's register or the refusal to include it in the register or the inclusion of the claims in the register in a limited amount. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ) (In the wording of the Federal Law of July 21, 2014). N 218-FZ 10-1. A claim by a creditor under a bank deposit and/or a bank account agreement may be made by the interim administration to the registry of creditors in the amount of the balance of the cash in the account payable to the creditor, The basis of the information available in the credit institution. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ) 10-2. Requirement of the creditor under the contract of bank deposit and/or the agreement of the bank account, which has in accordance with the Federal Law of December 23, 2003 No. 177-FZ "On Insurance of deposits of individuals in banks of the Russian Federation" (hereinafter referred to as "Insurance of banks of the Russian Federation"). The Federal Law "On Insurance of Deposits of Natural Persons in Banks of the Russian Federation") is the right to receive insurance compensation, entered by the provisional administration in the register of claims of creditors in the amount of the balance of the money in the account exceeding The amount owed to the creditor of the indemnity. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ) 10-3. Where a creditor's claim is made to the register of creditors in an appropriate notice to the creditor, details are given of the size and composition of its claim against the debtor and the order of its satisfaction. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ)11. On the basis of the creditors 'claims, the interim administration shall establish a register of creditors' claims in which the creditors who have submitted their claims, the size of such claims, the order of priority the satisfaction of each such requirement and the reasons for their occurrence. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ) 12. In the register of creditor claims, claims of creditors are taken into account in the currency of the Russian Federation. The requirements of the creditors denominated in foreign currency are taken into account in the register of creditor claims in rubles at the rate set by the Bank of Russia on the day of revocation of the banking license from the credit institution. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ) 13. The register of claims of creditors of the credit institution shall be transmitted to the insolvency representative or to the liquidator of the credit institution in accordance with the procedure established by article 31, paragraph 2, of this Federal Law. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ) 14. Claims against the lenders during the period of the provisional administration, but not considered by the provisional administration on the date of expiry of its terms of office in accordance with the procedure established by paragraphs 6 to 12 of this article, shall be transferred to the insolvency representative or liquidator of the credit institution in accordance with the procedure established by article 31, paragraph 2, of this Federal Law. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ) (Article padded-Federal Act of 19 June 2001) N 86-FZ) Article 22-2. Temporary } { \cs6\f1\cf6\lang1024 } Administration{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Administration { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } professional activity on the market securities 1. After the day of withdrawal from the credit institution conducting professional activity in the securities market, the temporary administration licenses to the clients of such credit organization of their securities and other property, accepted and (or) acquired by such a credit institution for their accounts of storage contracts, trust management contracts, depositary treaties and treaties on brokering, as reflected in the the accounts or accounts. 2. In order to carry out the return to clients of a credit institution engaged in professional activities in the securities market, securities and other property, accepted and/or purchased by such a credit institution for their contract Storage, trust management contracts, depositary treaties and brokering treaties, the interim administration shall conduct an inventory of securities and other property held in the accounts of such a credit institution. 3. An account of the conduct of an inventory referred to in paragraph 2 of this article shall be made not later than fourteen calendar days from the date of appointment of the interim administration. 4. Within five working days from the date on which the physical count provided for in paragraph 2 of this article has been issued, the provisional administration shall notify the issuance of an advertisement in the official publication of the clients. the credit institution which carries out professional activity in the securities market, about the possibility of sending applications for return to clients of such credit organization of their securities and other property, accepted and/or acquired. by credit institution by contract of storage, agreements of trust The Bank of Russia, which includes the information contained in the declared declaration, in the Unified Federal Register of Bankruptcy Information, and forwards the text of the announcement to the Bank of Russia. 5. Receiving applications from clients of the credit institution conducting professional activities in the securities market, return of their securities and other property, accepted and/or purchased by such a credit institution for their contract Storage, trust management contracts, depositary treaties and brokerage contracts are carried out within six months from the date of revocation of the banking licence from such a credit institution and, in the case of the credit institution being declared bankrupt and opening up, Competita insolvency representative. 6. After performing the physical inventory provided for in paragraph 2 of this article, the provisional administration shall not later than two working days from the date of receipt of applications from the clients of the credit institution engaged in professional activity in the market securities, the return of their securities and other property, accepted and (or) acquired by such a credit institution by their accounts of storage contracts, trust management contracts, depositary treaties and treaties on brokering services, Carry out the return of the said property by transferring it to the accounts, Open clients of such a credit institution in another professional participant in the securities market. 7. Return to clients of the credit institution performing professional activities in the securities market, securities and other property, accepted and/or purchased by the credit institution for their account under the storage contracts, agreements of trust Management, depositary contracts and brokering contracts are carried out in accordance with the details of such a credit institution's client application. In the event that such a credit institution is unable to distribute the assets to the clients of such a credit organization in order to carry out the return of the specified property, it is not possible to distribute the securities in the quantity, which is an integer, and the undistributed securities are sold in accordance with article 185 of the Federal Law "On insolvency (bankruptcy)". Cash received from the sale of undistributed securities is distributed among the clients in proportion to the size of each claim. If the assets of multiple clients of such a credit institution are combined in one account and the assets are not sufficient to return to their customers in full, the assets are transferred to the assets The number of clients proportional to the size of each requirement. 8. The return of securities or other property of the customer transferred to the credit institution, which carries out professional activity in the securities market, according to the rules of clearing, is carried out on the basis of the Federal Law " On Clearing and clearing activities. 9. Not satisfied due to lack of property in the accounts of clients of the credit institution, which performs professional activity in the securities market, the requirements of such clients are to be included in the register of the creditors ' claims In the order of precedence established by article 50 to 36 of this Federal Law. 10. Return to the depositor of the securities accepted by the credit institution, which carries out professional activity in the securities market, storage and/or accounting records, is carried out on the basis of the application of the depositor in the manner prescribed by paragraphs 1-9 of this Regulation. Articles, according to the depositary accounting by: 1) re-registration of the registered securities in the name of the owner in the register of the owners of the name securities or in another depositor, specified by the depositor; 2) of the return of certificates of the documentary securities of a depositor or of transmitting them to another depositary, specified by the specified exponent. 11. If, during the period of the provisional administration or in the course of a competitive proceeding, in the event of recognition of a credit institution carrying out professional activity in the securities market, the bankrupt would not be admitted to such a credit institution. A client's application for the return of its securities and other property, accepted and/or acquired by such a credit institution, through a storage contract, a trust management agreement, a depositary treaty or a brokerage treaty services, securities and other property to be transferred to notary's deposit . 12. Return to the founders of the property held in trust by the credit institution, which carries out professional activity in the securities market, is carried out on the basis of the statements of the founders of the management in the order, In accordance with paragraphs 1 to 11 of this article (The article is supplemented by the Federal Law of 28 July 2012). N 144-FZ) C t I am 23. Consequences of the suspension of the executive authorities of a credit organization for the period of activity of the transitional administration 1. In case of suspension of the powers of the credit institution's executive bodies for the duration of the interim administration: the executive bodies of the credit institution are not entitled to take decisions on matters assigned to them. The competence of the federal laws and constituent documents of the credit institution; decisions of other management bodies of the credit institution shall enter into force after their agreement with the interim administration. 2. The executive bodies of the credit institution shall, in the event of the suspension of their authority for the period of the provisional administration, not later than the day following the day of appointment of the provisional administration, shall be obliged to hand over the stamps and stamp of credit. The organization, and within the time frame agreed with the interim administration, the accounting and other documentation, the database of the credit institution on electronic media (database backups), the responsibility of which is established by the Federal Law " On Banks and Banking, Material and Other Values of Credit organization. (In the wording of the Federal Law of 28 July 2012, N 144-FZ) 3. Obstruction by management, other members of the credit institution and other persons of the functions of the interim administration (including interference with access to credit facilities, access to its documentation and other According to the Russian Central Bank, the refusal to submit documents, the transfer of documents, and the press is the basis for the Bank of Russia to apply the measures provided for by the federal law and also entails liability in accordance with the federal law. (In the wording of Federal Law No. N 121-FZ) 4. In case of suspension of the powers of the executive bodies of the credit institution for the period of the provisional administration, the single executive body of the credit institution, which had the right prior to the appointment of the interim administration to act from The estate of the credit institution is entitled to represent the interests of the credit institution in the arbitral tribunal upon appeal of the decision of the Bank of Russia on the appointment of the provisional administration, the appeal of the Bank of Russia's order to withdraw the license for the banking business. operations. (The paragraph is amended by the Federal Law of 20 August 2004. N 121-FZ C t I am 24. Application by the head of the provisional administration to withdraw the license to banking transactions If there are grounds for revoking a banking license from a credit institution Article 20 of the Federal Law "On Banks and Banking Activities", the head of the provisional administration is obliged to send in The Bank of Russia has requested to revoke the said license. C and I am 25. Disputes about the provisional administration 1. The credit institution has the right to appeal the decision of the Bank of Russia to appoint a provisional administration to an arbitration court in the manner prescribed by federal laws. The appeal of the Bank of Russia's decision to appoint a provisional administration, as well as the application of measures to ensure claims against the credit institution, do not suspend the activity of the interim administration, " the statement said. (...) (...) N 86-FZ (Paragraph 2 is deleted, paragraph 3 is considered to be paragraph 2-Federal Act of 19.06.2001) N 86-F) 2. The founders (participants) of the credit institution, who own at least 1 percent of the authorized capital of the credit institution, are entitled to appeal to the Arbitration Court with a claim against the Bank of Russia for the reimbursement of the credit institution of real damage if It was caused by the unjustified appointment of the interim administration. C t I am 26. Moratorium on the requirements of the credit institution's lenders 1. In case of suspension of the powers of the executive bodies of the credit institution and if there is a basis under paragraph 1 (1) of Article 17 of this Federal Law, the Bank of Russia is entitled to impose a moratorium on satisfying claims The creditor of the credit institution (hereinafter referred to as the Moratorium) for a period of not more than three months. The moratorium applies to the liabilities and obligation to pay the mandatory payments that arose prior to the appointment of the interim administration. 2. During the duration of the stay: does not accrue the penalty provided for by law or contract (fines, penalties), interest, other financial penalties, and other measures of liability for non-compliance, or Improper discharge of monetary obligations by the credit institution and (or) obligations to pay mandatory payments (hereinafter referred to as financial penalties); (In the wording of Federal Law dated 20.08.2004. N 121-FZ) is not allowed to be recovered by executive and other documents that are recovered in an indisputable (the indisputable) order; suspends the execution of the executive In the absence of the President, Mr. N 121-FZ) It is prohibited to meet the requirements of the founder (participant) of the credit institution to allocate a share (contribution) in the authorized capital of the credit institution in connection with its withdrawal from its founders (participants). The amount of the creditor's claims on monetary obligations and (or) mandatory payments denominated in the currency of the Russian Federation, in the amount fixed for the day of the stay (excluding accrued interest), The Bank of Russia is refinancing the Bank of Russia. The amount of interest earned on the day of the application of the stay (excluding accrued interest) is calculated on the amount of the creditor's claims and (or) mandatory payments denominated in foreign currencies on the basis of the average rate Bank interest on short-term foreign currency loans provided at the creditor's location. Accrued interest is payable after the end of the stay. (In the wording of Federal Law No. N 121-F) 3. The moratorium does not apply: to citizens 'claims to whom the credit institution is responsible for causing damage to life or health; to citizens' claims for termination benefits and wages citizens working under a contract (contract) and payment of compensation to the authors of the results of intellectual activity; (In the wording of Federal Law from 18.12.2006 NN 231-FZ) Requirements for payment of organizational and economic expenses necessary for the operation of the credit institution; for execution of executive documents issued Until the day of the application of the moratorium on the basis of the decisions on the recovery of the debt of the credit institution on the contracts of bank deposit and the contracts of the bank account with individuals. (In the wording of Federal Law No. N 121-FZ) C t I am 27. Refusal to implement the contract Credit Organization Chief of the interim administration in case of suspension of the powers of the credit institution's executive bodies from the time of appointment of the provisional administration to the right refuse execution of the credit institution's contract in the manner prescribed by the Federal Law "bankruptcy (bankruptcy)". Article 28. Invalidity of Credit Organization Transactions 1. A transaction performed by a credit institution prior to the date of appointment of its interim administration may be declared invalid by the application of the head of the interim administration in the manner and on the grounds provided for by the Federal Law " On "Insolvency (bankruptcy)" and other federal laws, taking into account the particularities established by this Federal Act. The rules of this article may be applied to challenging actions aimed at the performance of obligations and duties arising under civil, labour, family law, legislation on taxes and fees, customs duties and customs duties. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The rules set out in this article shall apply to acts committed in the execution of judicial acts or acts of other public authorities. (...) (...) N 409-FZ) Periods of transaction that may be declared invalid or have obligations of the debtor as specified in articles 61-2, 61-3 and Article 61-6, paragraph 4, of the Federal Insolvency Law " The Bank of Russia appointed the provisional administration of the Russian Federation as of the date of its appointment as the Bank of Russia. 2. In the case concerning the application of the head of the provisional administration of the credit institution, in case of termination of the provisional administration, the applicant will be recognized as a credit institution in the person of its authorized agency, and if adopted. by the arbitral tribunal to declare the credit institution bankrupt and to open a competitive insolvency representative. 3. A transaction by a credit institution is a member of the payment system, the central payment clearing counterparty, the settlement center of the payment system, under which the credit institution is responsible as a result of the payment of the payment system. -clearing positions on a net basis within the payment system, provided that the said transaction comply with the requirements of the Federal Law "On the national payment system", cannot be declared invalid on the grounds provided for by this law. article. Deal or translation If a credit institution is a member of a foreign payment system, it cannot be declared null and void on the grounds provided for in this article. A foreign payment system or other credit institution (including a foreign credit institution or a foreign bank) at its disposal and a foreign central payment clearing counterparty to which a bank account has been opened in the Bank Russia. (The paragraph is supplemented by the Federal Law of 05.05.2014). N 112-FZ) N 162-FZ (Article in the wording of Federal Law of 28 April 2009) N 73-FZ C t I am 29. The costs of the transitional administration The costs of the interim administration are borne by the credit institution. (In the wording of Federal Law of 20.08.2004) N 121-FZ) The Bank of Russia approves the cost estimates for the interim administration. The costs of the interim administration within the estimates approved by the Bank of Russia are subject to extraordinary satisfaction. (Part of the addition is the Federal Law of 20.08.2004). N 121-FZ)If there is no money on the correspondent account of the credit institution, on the order of the head of the interim administration, within the amount approved in the cost estimate, The sale of foreign currency on the correspondent accounts of the credit institution in other credit organizations has been carried out, and the amount earned has been credited to the correspondent account of the credit institution in the establishment of the Bank of Russia. (Part of the addition is the Federal Law of 20.08.2004). N 121-FZ C t I am 30. The Interim Administration report to the Bank of Russia in accordance with the procedure established by Bank of Russia regulations. C I am 31. Cessation of activity temporary administration 1. The Bank of Russia decides to terminate the activity of the interim administration: if there is a reason for its appointment; after the award of recognition by the arbitral tribunal The credit institution is bankrupt and the decision of the arbitral tribunal on the appointment of the liquidator; (in the wording of the Federal Law of 20 August 2004 N 121-FZ) on other grounds provided for by this Federal Law and Bank of Russia regulations. 2. If the credit institution is declared bankrupt or a decision on the forced liquidation, the interim administration shall not later than three days after the date on which the arbitral tribunal has rendered its decision to declare the credit institution bankrupt and The commencement of the insolvency proceedings (the approval of the insolvency representative) or the day of the entry into force of the decision of the arbitral tribunal on the appointment of the liquidator is required to hand over the seals and stamps of the credit institution, and within a period not exceeding ten working days,-accounting and other documentation, including register of claims of creditors The credit institution, the material and other values of the credit institution, adopted by the credit institution's executive bodies in accordance with article 23, paragraph 2, of this Federal Law. (In the wording of the Federal Law of 28 July 2012, N 144-FZ)The procedure for termination of the provisional administration is established by Bank of Russia regulations. (Paragraph in the wording of Federal Law dated 20.08.2004. N 121-F) 3. The suspension of the activities of the interim administration in the removal of the reasons for its appointment entails the restoration of the powers of the credit institution's executive bodies. The authority of the heads of the credit institution suspended for the duration of the interim administration from the performance of their duties shall be restored after the termination of the provisional administration if the managers The credit institution is not exempt from them in accordance with the legislation of the Russian Federation on labour. 4. The Bank of Russia's decision to terminate the activity of the temporary administration is published by the Bank of Russia in the "Bulletin of the Bank of Russia" and no later than the following working day from the date of its adoption by the Bank of Russia to the Single Federal Register. of bankruptcy. (In the wording of the Federal Law of 28 July 2012, N 144-FZ) Article 31-1. The Bank of Russia's inclusion in the Single federal bankruptcy information registry 1. The inclusion of the Bank of Russia in the Single Federal Register of Bankruptcy of Claims from the Transitional Administration and referred to in this chapter shall be carried out within five working days of the date of receipt of the relevant information. The Bank of Russia. 2. The Bank of Russia's inclusion of information, documents in the Single Federal Register of Bankruptcy is not charged to the Bank of Russia. class="doclink "href=" ?docbody= &prevDoc= 102058331&backlink=1 & &nd=102158456" target="contents "title=" "> dated 28.07.2012. N 144-FZ) G l in a IV. Reorganization of the credit institution C t I am 32. The Bank of Russia's request for reorganization of the credit institution 1. The Bank of Russia has the right to demand reorganization of the credit institution in the cases stipulated by Article 17, paragraphs 1-3, of this Federal Law. The order of the Bank of Russia to reorganize the credit institution is established by Article 12, paragraph 1, of this Federal Law. 2. The reorganization of the credit institution is carried out in the form of a merger or accession in accordance with the procedure established by federal laws and regulations adopted by the Bank of Russia. C I am 33. Credit organization's actions in the case of receiving a request from the Bank of Russia to reorganize it 1. In case of receipt of the Bank of Russia's request for reorganization of the credit institution, the bank manager is obliged to apply to the management bodies of the credit institution referred to in Article 11, paragraph 1 of the Bank of Russia within five days from the date of its receipt. The federal law, with a motion to reorganize the credit institution. " The credit institution's management bodies, referred to in article 11, paragraph 1, of this Federal Law, are obliged to notify the Bank of Russia of the decision taken by the Bank of Russia within 10 days of receiving the Bank of Russia's request for reorganization. 2. The Bank of Russia regulations define the requirements for the stability of credit organizations emerging from the merger of credit organizations. G l in a V. (Spurled out-Federal Law of 20.08.2004) N 121-FZ C t I am 34. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 35. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 36. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ) C t I am 37. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ) C t I am 38. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 39. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 40. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 41. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 42. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 43. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 44. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 45. (Spconsumed by Federal Law of 20.08.2004) N 121-F) G l in a VI. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ) C t I am 46. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 47. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ) Article 47-1. The Article is supplemented by the Federal Law of 19 June 2001. N 86-FZ; lost the force-Federal Act of 20 August 2004. N 121-FZ) Article 47-2. The Article is supplemented by the Federal Law of 07.08.2001. N 116-FZ; lost the force-Federal Act of 20 August 2004. N 121-FZ) C t I 48. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 49. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ) Article 50. (Federal Act of 20 August 2004). N 121-FZ) Chapter VI-1. Bankruptcy ProceedingsOrganization (Chapter padded-Federal Law 08/08/2004 N 121-FZ Article 50-1. The procedure for dealing with the bankruptcy of the credit organization The bankruptcy of the credit institution is considered by the arbitral tribunal according to the rules established by the Code of Arbitration of the Russian Federation, The insolvency (bankruptcy) law of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of (Article supplemented by Federal Law of 20.08.2004) N 121-FZ) Article 50-2. The persons involved in the bankruptcy case 1. The persons involved in the bankruptcy case are: 1) the credit institution of the debtor (also the credit institution); 2) the insolvency representative; 3) insolvency creditors; 4) Commissioners The insolvency (bankruptcy) law of the Russian Federation (hereinafter referred to as the "insolvency representative"); 5) Bank of Russia as a banking regulator and banking supervision; 6) Other natural or legal persons in the case of bankruptcy when considering the matters referred to in article 50, paragraphs 2 and 3, of this Federal Act. (The subparagraph is supplemented by the Federal Law of 28 April 2009. N 73-FZ)2. Persons not referred to in paragraph 1 of this article may not have the rights of persons participating in the bankruptcy case. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-3. Persons involved in the bankruptcy arbitration case In the bankruptcy arbitration process: 1) representative of the credit institution's employees; 2) representative of the founders (participants) of the credit institution; 3) a representative of a meeting of creditors or a representative of the creditor committee of the credit institution; 4) other persons in cases provided for by the Code of Procedure of the Russian Federation The insolvency (bankruptcy) of the Russian Federation and the Federal Law on Insolvency (bankruptcy). (Article added: Federal Law of 20.08.2004 N 121-FZ) Article 50-4. Contacting the arbitral tribunal 1. The right to petition the arbitral tribunal to declare credit institution bankrupt: 1) Credit Organization; 2) Competitive Creditors, including Persons entitled to Credit Requirements (c) The organization of the banking deposit and (or) agreement of the bank account; 3) authorized bodies; 4) the Bank of Russia, including in cases where it is not a creditor of the credit institution. 2. The right of recourse to an arbitral tribunal with a declaration of acceptance of a credit institution by a bankrupt arises from a creditor or an authorized monetary authority when the credit institution has revoked the licence to exercise Banking transactions, if the requirements for monetary obligations are confirmed by a decision or other act of the court, the arbitral tribunal, the determination of the execution of the decision of the arbitral tribunal Irrespective of the direction (submission to execution) of the executive document in OF THE PRESIDENT OF THE RUSSIAN FEDERATION The right of recourse to an arbitral tribunal with a declaration of acceptance of a credit institution by the bankrupt authority arises from the authorized body for mandatory payments upon the withdrawal of the banking licence from the credit institution, If the claim for payment of mandatory payments is confirmed by the decision of the tax authority or the customs authority to recover the debt at the expense of the property of the credit institution, regardless of the expiry of the period stipulated in Article 7 of the Federal Law "Insolvency (bankruptcy)". 3. If the credit institution has revoked licenses for banking transactions, the Bank of Russia will be able to publish the bank's insolvency license within five days from the date of publication of the decision. The credit institution's revocation of the banking license in the Bank of Russia's Bulletin is obliged to apply to the arbitration court with a statement on the recognition of the credit institution bankrupt. In case of detection of a temporary administration by the Bank of Russia after the credit institution has revoked the license for banking operations, the Bank of Russia's insolvency (bankruptcy) of the Bank of Russia during the period Five days from the date of receipt of the application of the interim administration, the application for the recognition of the credit institution is forwarded to the arbitral tribunal. 4. When the Bank of Russia appeals to the arbitration court with a statement on the recognition of the credit institution bankrupt, the evidence submitted by the Bank of Russia is bankrupt (bankruptcy) provided by this Federal Republic. by law. It does not apply the rules set out in article 6, paragraph 3, and article 7, paragraph 2, of the insolvency (bankruptcy) law. 5. The persons referred to in paragraphs 1, 2 and 3 of paragraph 1 of this article are entitled to apply to the Bank of Russia for revocation of the license to carry out banking operations under the conditions set out in article 2 of the present article. of the Federal Law, with the application of documents confirming the existence of monetary obligations and (or) arrears of the payment of debts to the credit institution, as well as their size, which is determined on the date of submission of the said declaration in accordance with the law to the requirements of article 4, paragraph 2, of the Federal Law on Insolvency (bankruptcy) ". When the Bank of Russia considers the application of the insolvency creditor or the application of the authorized body to withdraw the banking license from the credit institution, the requirements are taken into account Monetary obligations confirmed by a decision or other act of the court, the arbitral tribunal, the determination to issue an enforceable judgement of the arbitral tribunal. When the Bank of Russia is considering the application of the authorized body to withdraw the banking license from the credit institution, the requirements for payment of mandatory payments are taken into account if they are confirmed The decision of the tax authority or the customs authority to recover the debt from the property of the credit institution. The right to appropriate appeal to the Bank of Russia arises from the insolvency representative or the authorized body on monetary liabilities after 14 days from the date of the submission (presentation to execution) of the executive document in OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Bank of Russia's right to the appropriate appeal arises from the Commissioner for Mandatory Payments on the expiry of 14 days from the day of the adoption of the decision referred to in the third paragraph of this paragraph. 6. The persons referred to in paragraphs 1, 2 and 3 of paragraph 1 of this article, which sent to the Bank of Russia to withdraw from the credit institution the license for the conduct of banking transactions, in case of failure to receive a reply from the Bank of Russia after two months from The day of the day of the said declaration or receipt of withdrawal from the credit institution of the said license has the right to apply to the arbitration court with a statement on the recognition of the credit institution bankrupt. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-5. Claims of credit institution recognition bankrupt 1. The credit institution's declaration of bankruptcy must comply with the requirements of the Federal Insolvency (Bankruptcy) Act for a declaration by the debtor, taking into account the characteristics set by this Federal Act. The application of the insolvency representative or the authorized body to declare a bankrupt credit institution must meet the requirements of the Federal Insolvency (Bankruptcy) Act for the application, respectively. The insolvency representative, the competent authority, taking into account the particularities established by this Federal Law. 2. A copy of the credit institution's declaration of recognition of its bankrupt and copies of the annexed documents are forwarded by the applicant to the Bank of Russia and, in the case provided for in article 50, paragraph 1, paragraph 1, of this Federal Act, also to the Agency. by registered letter of delivery or by delivery to the addressee directly at its location. The message about the acceptance by the arbitral tribunal of the application of the credit institution to declare it bankrupt is to be published by the credit institution in a periodical publication at the location of the credit institution and its subsidiaries. A copy of the statement of the competent authority on the recognition of the credit institution bankrupt and copies of the annexed documents are sent to the Bank of Russia, credit institution, (a) In the case referred to in article 50, paragraph 1, paragraph 1, of this Federal Act, the Agency shall also be registered with a notice of service or delivery to the addressee directly at the place where it is located. 3. In a statement by the Bank of Russia, the arbitration court must specify: 1) its name and location; 2) the name of the arbitral tribunal to which the application is filed; (3) the name of the credit institution and its location; 4) the number and the date of the Bank of Russia's order to withdraw the license from the credit institution for banking operations; 5) the circumstances indicating The existence of signs of insolvency (bankruptcy) by the credit institution, established by this Federal Law, as well as evidence supporting these circumstances; 6) a list of attached documents. 4. In a statement issued by the Bank of Russia on the recognition of the bankrupt credit institution, other particulars may be specified, if they are necessary for the correct and timely consideration of bankruptcy proceedings, and include petitions, including a motion for The discovery of evidence. 5. The Bank of Russia is obliged to send to the credit institution, and in the case stipulated by the first paragraph 1 of Article 50-20 of this Federal Law, also to the Agency a copy of the application for recognition of the credit institution bankrupt and copies of the annexed to the credit institution. The documents are registered by a registered letter with a notice of service. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-6. Documents attached to the Statement of Recognition of Bankrupt Credit Organization 1. To the application of the credit institution, the insolvency representative or the authorized body for the recognition of the credit institution bankrupt, along with the documents provided for in the Code of Arbitration of the Russian Federation and the Federal Law "On the Law of the Sea," insolvency (bankruptcy) ", annex: 1) notification of the service to the Bank of Russia, and, where necessary, to the Agency of a copy of the declaration of recognition of credit organization bankrupt and copies of annexed documents; 2) Notice of service to the Bank of Russia in accordance with the procedure provided for in article 5, paragraph 5 50-4 of this Federal Law, applications for revoking the license from the credit institution to carry out banking operations in the event of signs of insolvency (bankruptcy) and attached documents. 2. Except as provided for in article 50, paragraph 6, of this Federal Act, the credit institution is declared bankrupt by the application of the insolvency representative, the competent authority for recognition of the credit institution. A copy of the Bank of Russia's order revoking a license for banking transactions published in the Bank of Russia's Bulletin or a copy of the Bank of Russia's license is enclosed with the documents provided for in paragraph 1 of this article. of this order, certified by the Bank of Russia. 3. A copy of the Bank of Russia's order revoking a license for banking operations; 2) a copy of the constituent documents is attached to the Bank of Russia's statement on the recognition of the credit institution bankrupt. credit organization; 3) copies of the credit institution's financial and accounting records to be presented to the Bank of Russia at the last reporting date; 4) copies of licenses issued to the credit institution for implementation Bank Transactions; 5) Statement of Correspondence Bank of the Russian Federation account; 6) statement on the account of a mandatory reservation of a credit institution in the Bank of Russia; (7) documents confirming the existence of a credit institution (bankruptcy), including payment documents of the clients of the credit institution, not performed by it in due course (if such payment documents are available); 8) to record payment documents of the clients of the credit institution that were not executed e in due course; 9) correspondent help of the accounts opened by the credit institution; 10) notification of service to persons referred to in article 50, paragraph 5, of this Federal Act, copies of the declaration of recognition of the credit institution bankrupt and copies of the documents annexed thereto; 11) a power of attorney or other documents confirming the authority to sign a declaration of bankruptcy. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-7. Acceptance of a declaration of credit for bankrupt organization and initiation of proceedings bankruptcy case 1. The declaration of recognition of the credit institution by bankrupt can be accepted by the arbitral tribunal, and the bankruptcy proceedings are initiated only after the credit institution has withdrawn the banking license from the application of persons referred to in article 50-4, paragraph 1, of this Federal Act, if the sum of the requirements of the credit institution in aggregate is not less than a thousand times the minimum amount of the minimum wage established by federal law, and if these requirements not performed within 14 days of the date on which they were due or if, after the credit institution has revoked the banking licence, the value of its assets (assets) is insufficient to meet the obligations of the credit institution to its creditors and to pay the mandatory payments. The value of the assets and liabilities of the credit institution is to be determined on the basis of the methods established by Bank of Russia regulations. 2. The arbitral tribunal shall issue a declaration on the admission of a credit institution to the bankruptcy court. 3. In the decision of the arbitral tribunal to accept the application for recognition of the credit institution, the bankrupt is given the day of the bankruptcy proceedings, and may also include instructions to the Commercial Court of the Bank of Russia to send an opinion on the matter. The existence of grounds for the credit institution to be declared bankrupt, to commit the persons involved in the bankruptcy case, other actions aimed at ensuring the correct and timely processing of the bankruptcy case, and the timing of these of actions. 4. Copies of the determination of the arbitral tribunal to accept the application for recognition of the credit institution to bankrupt by the following day after the day of its delivery are forwarded to the applicant, the credit institution, the Bank of Russia, and in the case provided for by the paragraph First paragraph 1 of Article 50-20 of this Federal Law, also to the Agency. 5. In the case of bankruptcy proceedings instituted by the persons referred to in paragraphs 1, 2 and 3 of article 50, paragraph 1, of this Federal Act, if the Bank of Russia order revoking the banking licence from the credit institution The transactions were issued on grounds not related to the credit institution's lack of insolvency (bankruptcy), the Bank of Russia within 10 days from the date of receipt of a copy of the arbitral tribunal's determination of acceptance of the application for recognition Bankruptcy and bankruptcy proceedings are directed by the bankrupt credit institution to an arbitral tribunal on the existence or absence of grounds for the credit institution's bankruptcy. (Article added: Federal Law of 20.08.2004 N 121-FZ) Article 50-8. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b The arbitral tribunal, in the case of the determination of the application for recognition of the credit institution by bankrupt, that it is submitted under the circumstances referred to in article 50, paragraph 6, of this Federal Act, Determination of the abandonment of the said statement without movement. 2. The Bank of Russia is obliged by the Bank of Russia to submit a conclusion to the Bank of Russia that it is not expediency to revoke the license from the credit institution. Bank operations or a copy of the Bank of Russia's order to revoke the said license. The Bank of Russia is obliged to send the documents to the arbitration court within one month from the date of receipt of the determination of the arbitration court to leave the said statement without movement. 3. A copy of the definition of the statement that the credit institution is declared bankrupt without traffic no later than the following day is sent to the applicant, the credit institution, the Bank of Russia, and in the case provided for in the first paragraph Article 50, paragraph 1, of this Federal Act, also to the Agency. 4. In case of the Bank of Russia's submission to the arbitration court, a copy of the Bank of Russia's order revoking the license for banking operations to declare a credit institution bankrupt is considered bankrupt. of the initial admission to the arbitral tribunal and shall be receivable by the arbitral tribunal in accordance with the procedure provided for in article 50 to 7 of this Federal Law. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-9. Return the application for recognition of the credit bankrupt organization 1. In addition to the grounds for the return of the claim under the Code of Arbitration of the Russian Federation, the grounds for the return of the application for recognition of the credit institution by the arbitral tribunal are: (1) failure to match the insolvency (bankruptcy) of the credit institution specified in such application, the requirements defined in article 50, paragraph 1 of this Federal Law; 2) the applicant's breach of the obligation of the circumstances referred to in article 50, paragraph 6, of the present Federal Act, application for revocation of license for bank operations under § § 5 of Article 50-4 of this Federal Law; 3) application for bankruptcy A credit institution, in respect of which the arbitral tribunal has commenced bankruptcy proceedings; 4) the existence of a court ruling that has entered into force on the annulment of the Bank of Russia's order to withdraw from the credit institution Banking licenses; 5) Violations of the requirements set out in articles 50 to 5 and 50 to 6 of this Federal Law. 2. In obtaining the Bank of Russia's opinion that it is not appropriate for the credit institution to revoke the banking license, a declaration of recognition of her bankrupt is returned to the applicant. If the Bank of Russia does not receive the above-mentioned opinion, the arbitral tribunal shall return to the applicant his application for recognition of the credit institution bankrupt within one month. In this case, the person who sent a request to the Bank of Russia to withdraw the license for banking transactions to the Bank of Russia has the right to demand in the arbitration court compensation by the Bank of Russia for damages caused by the Bank of Russia's rejection of the decision. The Bank of Russia revoked the decisions of the Bank of Russia on the implementation of measures to prevent the bank's bankruptcy. 3. The arbitral tribunal shall render a determination on the return of the declaration of recognition of the credit institution by bankrupt. This definition is sent to the applicant, the credit institution, the Bank of Russia, and, in the case provided for in paragraph 1 of article 50, paragraph 1, of this Federal Act, also to the Agency. 4. The determination of the arbitral tribunal to return the application for the recognition of the credit institution bankrupt is subject to appeal. If the specified definition is canceled, the application shall be deemed to have been filed on the date of such cancellation. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-10. Features of the bankruptcy court proceedings bankruptcy 1. When dealing with the bankruptcy of the credit institution, questions are resolved: 1) the recognition of the credit institution by bankrupt; 2) prosecution in the cases provided for by the laws of the Russian Federation on insolvency (bankruptcy), directors of the credit institution, members of the board of directors (supervisory board), founders (participants); 3) invalid and (or) the application of the consequences of invalidity Transactions by a credit institution. 2. On the basis of the examination of the matter referred to in paragraph 1 (1) of this article, the court shall decide; as a result of the consideration of the matters referred to in paragraphs 2 and 3 of paragraph 1 of this article, a determination. The application for authorization of the matters referred to in paragraph 1 (2) and (3) of this article shall be paid by the State duty of the amount provided by the Federal Act for the payment of the application for the issuing of the executive sheet. Enforcement of decisions of the arbitral tribunal. 3. Bankruptcy cases with regard to the settlement of the matter referred to in paragraph 1 (1) of this article shall be considered by the arbitral tribunal within a period not exceeding two months from the date on which the application for recognition of the credit institution is accepted by the arbitral tribunal Bankrupt, including the timelimit for the preparation of the case for trial and the adoption of a decision on the matter. 4. In resolving the matter referred to in paragraph 1 (1) of this article, the preliminary hearing provided for in the Code of Arbitration of the Russian Federation shall not be held. Examination of the validity of the claims of the person applying for the credit institution's bankruptcy is held at the same meeting of the arbitral tribunal, as well as consideration of the issue of the recognition of the credit institution bankrupt. 5. The decision to declare a bankrupt credit institution must include an indication of: (1) the commencement of the insolvency proceedings; 2) the admission of the applicant's claim to be justified and the inclusion of this requirement in the register of claims creditors; 3) the approval of the insolvency representative; 4) the amount of the monthly remuneration paid to the insolvency representative from the day of commencement of the competitive process to the day of determination of the size remuneration of a competitive meeting of creditors or a committee creditors. The decision to declare a credit institution bankrupt does not specify the remuneration of the insolvency representative if the authority of the insolvency representative is the authority of the Agency. 6. In the decision to declare a bankrupt credit institution in the case provided for in the first paragraph of article 50-20, paragraph 1, of this Federal Act, the insolvency representative of the Agency shall be the insolvency representative. 7. The disapproval of the Bank of Russia's order to revoke the banking license from the credit institution does not preclude the issuance of a declaration by the arbitral tribunal that the credit institution is bankrupt and is not a cause for the suspension of proceedings in the case of her bankruptcy. 8. Decision of the Commercial Court to revoke the Bank of Russia's order to revoke the credit institution's license to conduct banking transactions, which entered into force after the arbitration court adopted the application for recognition of credit The organization is bankrupt, and it does not interfere with the merits of the bankruptcy case. The decision of the arbitration court to revoke the Bank of Russia's order to revoke the license from the credit institution to carry out banking operations, which entered into force after the commencement of the insolvency proceedings, is not The grounds for cancelling the decision to declare the credit institution bankrupt and to reconsider the decision on newly discovered circumstances. 9. The arbitration court, which decided to recognize the credit institution bankrupt, forwards this decision to the Bank of Russia, as well as to the federal executive authority authorized to carry out state registration of legal entities, for the in a single state register of legal entities that the credit institution is in the process of liquidation. (Article added-Federal law from 08/08/2004 N 121-FZ; in the wording of Federal Law of 28 April 2009. N 73-FZ) Article 50-11. The order in which the insolvency representative is approved 1. The approval of the insolvency representative for the bankruptcy of the credit institution, which did not have a license of the Bank of Russia to attract funds of individuals to deposits, is carried out in accordance with the procedure established by Article 45 of the Federal Law " O "Insolvency (bankruptcy)", taking into account the characteristics set out in this Federal Act. 2. In case the credit institution had a license of the Bank of Russia to attract funds of individuals to deposits, the insolvency administrator is the Agency. 3. The Bank of Russia shall submit a candidate to the arbitration court if it fails to submit to the arbitral tribunal in accordance with the procedure established by the Federal Law "On insolvency (bankruptcy)" for the approval of the insolvency representative. Agency. In the event of the release or removal of the insolvency representative from the insolvency representative, the insolvency representative shall be the insolvency representative of the Agency. In the cases provided for in this paragraph, the arbitral tribunal shall render a judicial act on the approval of the Agency by a insolvency representative. 4. The insolvency representative shall commence his or her functions from the date of the arbitral tribunal's decision to declare the credit institution bankrupt and to open a competitive process (the approval of the insolvency representative) and shall be in effect until the day The entry into a single state register of legal entities of the liquidation of the credit institution. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-12. The decision of the arbitral tribunal to refuse recognition of the bankrupt credit institution 1. The decision of the arbitral tribunal to refuse the recognition of the credit institution bankrupt is taken in the case of: 1) the lack of insolvency (bankruptcy) as provided for in article 2 of this Federal Law; 2) the establishment of a fictitious bankruptcy, if the declaration of bankruptcy is filed by the debtor's credit institution. 2. In the event that the arbitral tribunal is established that there are no signs of insolvency (bankruptcy) or that a fictitious bankruptcy has been established, the credit institution is subject to compulsory liquidation in accordance with the Federal Act on Banks and bank activity. (Article added: Federal Law of 20.08.2004) N 121-FZ Article 50-13. Grounds for termination of the case of bankruptcy 1. The arbitral tribunal shall terminate the bankruptcy proceedings in the case of: (1) the recognition in the course of the proceedings of the applicant's claims, which served as the basis for bankruptcy proceedings, unreasonable; 2) To satisfy all the creditors ' claims in the register of creditors in the manner provided for in Article 50-37 of this Federal Law; 3) the completion of the insolvency proceedings. 2. In the cases referred to in paragraph 1 of this article, all restrictions imposed by this Federal Act, which are the consequences of the commencement of the insolvency proceedings, shall cease to apply. The termination of the bankruptcy proceedings does not result in termination of the effect of revocation of the banking license provided by the Federal Act on Banks and Banking. 3. Unless otherwise provided for by this Federal Law, the termination by the arbitral tribunal of the insolvency proceedings is the basis for the Bank of Russia's application for the compulsory liquidation of the credit institution in accordance with the procedure established by the Central Bank of Russia. Federal Law "On Banks and Banking Activities". (The Article is supplemented by Federal Law of 20.08.2004). N 121-FZ Article 50-14. Appeals against decisions and definitions of the arbitral tribunal 1. The decisions and definitions of the arbitral tribunal made during the bankruptcy proceedings may be appealed to the arbitral tribunal in the manner provided for by the Federal Act on Insolvency (Bankruptcy). 2. In the determination of the arbitral tribunal's ruling in higher courts, the arbitral tribunal shall refer only those files of bankruptcy that are directly related to the dispute to a higher tribunal. A credit institution with a creditor or an authorized body to establish the validity, size, composition and priority of claims. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-15. The direction of the arbitral tribunal in the bankruptcy case 1. If not otherwise established by this Federal Law, the bankruptcy court shall be sent by the arbitral tribunal to the credit institution, the insolvency representative, the Bank of Russia, authorized by the Federal Law " O the insolvency (bankruptcy) of " the authorities, the person applying to the arbitral tribunal with the application for recognition of the credit institution to bankrupt, as well as to the persons who participated in the arbitration process. 2. Definitions that are resolved between insolvency representatives and creditors or claims by creditors for violation of their rights and legitimate interests are forwarded by the arbitral tribunal to the credit institution, the insolvency representative, and to the persons concerned, the applicant to the arbitral tribunal applying for the resolution of the dispute or of the parties participating in the arbitral tribunal's examination of the complaints or claims. 3. Unless otherwise established by this Federal Act, copies of the judicial acts shall be forwarded by the arbitral tribunal to persons referred to in this article within five days of their adoption. 4. Persons participating in bankruptcy proceedings, as well as those involved in the bankruptcy arbitration, are entitled to require the insolvency representative to acquaint them with any bankruptcy court acts or to provide them with copies of such bankruptcy proceedings. by such persons. (Article added: Federal Law of 20.08.2004 N 121-FZ Chapter VI-2. Features of the competitive production of a credit organization that is declared bankrupt (Chapter added-Federal Law 08/08/2004 N 121-FZ Article 50-16. General provisions on insolvency proceedings 1. The decision by the arbitral tribunal to declare a credit institution bankrupt entails the commencement of the insolvency proceedings. 2. Competicuration is introduced for a period of one year. The period of insolvency proceedings may be extended at the request of the person involved in the bankruptcy case for a maximum of six months. 3. The determination of the arbitral tribunal to extend the period of the insolvency proceeding is subject to immediate execution and can be appealed in accordance with the procedure set out in article 61, paragraph 3, of the Federal Insolvency (Bankruptcy) Act. supplemented by Federal Law of 20.08.2004. N 121-FZ) Article 50-17. Publish information about the recognition of the credit bankrupt and about the implementation of prepayments to creditors of First Queue 1. A competitive manager within five working days from the day of submission to the Bank of Russia of documents confirming his right to conduct transactions on the correspondent account of a credit institution, recognized bankrupt, or in case of implementation "The powers of the tender manager of the Agency from the day of the opening of the main account of the credit institution include in the Unified Federal Register of Bankruptcy Information and sends for publication in the Official Gazette," The Herald " The announcement of a decision of the arbitration court on the recognition of the credit card Bankrupt and commencement of insolvency proceedings. (In the wording of the Federal Law of 28 July 2012, N 144-FZ) 2. The following information about the credit institution's recognition of bankrupt and the commencement of the insolvency proceedings: 1) the name and other details of the credit institution declared bankrupt; 2) the arbitration court in which the bankruptcy case is located and the number of the case; 3) the date of the decision by the arbitral tribunal to declare the credit organization bankrupt and to open a competitive process; 4) the closure of the register of creditor claims as determined in accordance with paragraph 2 Article 50-28 of this Federal Law; 5) the day of expiration of the period for establishing the requirements of the first stage creditors for the purposes of the preliminary payment, determined in accordance with paragraph 3 of Article 50-38 of this Federal Law; 6) the address of the credit institution for creditors to make their claims to the credit institution; 7) the details of the insolvency representative, including the name and address of the insolvency representative, to be sent to it correspondence. 3. (Spend of force-Federal Law of 28 July 2012. N 144-FZ) 4. Reimbursement of expenses related to the inclusion in the United Federal Register of Bankruptcy and Publication of the Credit Organization's recognition of the bankrupt and the commencement of insolvency proceedings is under way the property account of the credit institution. If the credit institution does not have sufficient property to recover the costs of including the bankruptcy and publication of the information in the Unified Federal Register of Information, The bankruptcy and publication of the information shall be carried out at the expense of the person who applied for bankruptcy proceedings against the credit institution. When the Bank of Russia appeals to the arbitral tribunal to declare the credit institution bankrupt, in the event that the credit institution does not have sufficient property to recover the costs of publication of the information provided for in paragraph 2 of this article, they are published in the "Bank of Russia Bulletin" and they are included in the Single Federal Register of Bankruptcy Details without Charging. (Paragraph in the wording of Federal Law dated 28.07.2012 N 144-FZ) N 121-FZ) Article 50-18. Disclosure of the progress of the competition production 1. In order to ensure creditors have equal access to information on the progress of the insolvency proceeding, the insolvency representative, in accordance with the procedure established by this article, shall include relevant information in the Single Federal Register of Bankruptcy Details. 2. Not later than thirty days from the date of recognition of the credit organization bankrupt, the insolvency representative includes in the Unified Federal Register of Bankruptcy Information: 1) details of the financial status of the credit institution and its property for the day opening a competitive process; 2) balance of credit organization at the last reporting date with profit and loss account; 3) the availability of free cash that can be addressed claims of creditors, including advance payments creditors of the first stage. 3. The insolvency representative shall include in the Single Federal Register of Bankruptcy Details of the estimated current expenditures of the credit institution provided for in Article 50-27 of this Federal Law no later than three days from the date of its approval. 4. Not later than five working days before the start of the calculation with the creditors of each queue, including the preliminary payment with the first-of-turn creditors, the insolvency representative shall include in the Single Federal Register of Bankruptcy Details About the order and timing of payments with creditors. 5. At the same time as the first stage of the calculations with creditors, the insolvency representative shall include in the Single Federal Register of Bankruptcy Details of the progress report or the results of an inventory of the assets of the credit institution with the objects The cost of more than one million rubles, as well as details about the structure and amount of the claims against creditors. 6. After the start of the calculation with the creditors of the first stage, the insolvency representative at least once every three months includes the current information on the insolvency proceedings in the Unified Federal Register of Bankruptcy. This information should include information on: 1) the newly discovered credit institution property; 2) the work of the insolvency representative's insolvency representative, who are responsible for signs of invalidity Transactions pursuant to Article 28 of this Federal Law and to attract founders (participants), members of the board of directors (supervisory board), directors of the credit institution to subsidiary liability liability A credit institution under this Federal Act; 3) the course of sale of assets of the credit institution with the release of information about the sale of objects with an inventory value of more than one million rubles, an indication of the sale price of property and its customers. 7. At least once every six months, the insolvency representative should include in the Single Federal Register of Bankruptcy Details: 1) on the execution of the current expenses of the credit institution provided for in Article 50-27 of the present Federal Law; 2) on the value of unrealized assets of a credit institution. 8. The particulars referred to in paragraphs 1 to 5 of this article, at the same time as they are included in the Single Federal Register of Bankruptcy Information or the deadlines set for their inclusion shall be sent by the insolvency representative to the Bank of Russia. (Article padded-Federal Law of 20.08.2004 N 121-FZ) (In the wording of Federal Law No. N 144-FZ) Article 50-19. Consequences of opening a competitive process 1. The effect of revoking a licence from the credit institution for bank implementation continues to be effective from the date of the award by the arbitral tribunal for the bankruptcy of the bankrupt and the commencement of the insolvency proceedings: 1) Transactions under article 20 of the Federal Act on Banks and Banking, including in the event of the entry into force of a decision by the arbitral tribunal to declare invalid the order of the Bank Russia revoking this license from the credit institution; 2) The financial state of the credit institution is not classified as confidential or classified; 3) transactions, execution of judicial acts, acts of other authorities, officials who have been issued in In accordance with the Civil Law, the criminal legislation of the Russian Federation, procedural legislation, the legislation of the Russian Federation on taxes and fees, it is related to the alienation of the property of the credit institution or the transfer of its property to third persons in the possession and usage is permitted only in accordance with the procedure established by this chapter; (In the wording of Federal Law of 28 July 2012, N 144-FZ) 4) all creditors ' claims on monetary obligations, payment of mandatory payments, other property claims against the credit institution, except for claims for recognition of ownership, compensation the moral damage, the extermination of property from another's unlawful possession, as well as the requirements of the current obligations under Article 50-27 of this Federal Law, can only be presented in bankruptcy proceedings in order, by the present chapter; (In the wording of Federal Law dated 28.07.2012. N 144-FZ) 5) suspends execution of executive documents on recovery of property of the credit institution, excluding execution of executive documents on recovery of debts on current liabilities of credit institution organization. Documents that have ceased to be executed in accordance with this Federal Law shall be subject to the transfer by the bailiers, as well as organs and organizations acting in the courts, of acts of other bodies, officials, etc. The insolvency representative, in accordance with the procedure established by the federal law; (as amended by the Federal Law of 28 July 2012). N 144-FZ) 6) the previous seizure of the property of the credit institution and other restrictions on the disposition of the assets of the credit institution are lifted. The decision of the arbitration court on the recognition of the credit institution bankrupt and the opening of the insolvency proceedings is grounds for the withdrawal of the credit institution's property. The new arrests on the property of the credit institution and other restrictions on the disposition of its property are not allowed; 7) to comply with the obligations of the credit institution, including the execution of judicial acts, acts of other bodies, In accordance with the civil law, the criminal legislation of the Russian Federation, the procedural legislation, and the legislation of the Russian Federation on taxes and duties, officials are also subject to the law. The procedure established by this chapter; Law of 28 July 2012. N 144-FZ) 8) judicial acts, acts of other authorities, officials about the circulation of sanctions on funds held in bank accounts, in deposits of clients of the credit institution, The arrest and/or other restrictions on the disposal of such funds shall be performed in accordance with the procedure established by article 50 to 40 of this Federal Law. (Subparagraph (e) is supplemented by Federal Law of 28 July 2012. N 144-FZ)2. The authority of the head of the credit institution, other government bodies, except for the powers of the authorities, has been terminated since the award by the arbitral tribunal on the recognition of the credit institution bankrupt and the commencement of insolvency proceedings. Management of the decision to enter into agreements on the terms and conditions of the granting of funds by third parties for the performance of the obligations of the credit institution. (Article added: Federal Law of 20.08.2004 N 121-FZ) Article 50-20. Control 1. The Agency is the insolvency representative for the bankruptcy of the credit institutions that had the Bank of Russia's license to attract funds of individuals to deposits. The insolvency representative, who did not have a Bank of Russia's license to attract funds of individuals to contribute to the bankruptcy of the Bank of Russia, approved arbitration rules in accordance with the requirements established by the Bank of Russia. Federal Law "On insolvency (bankruptcy)" and accredited by the Bank of Russia as competitive insolvency representatives in the bankruptcy of credit institutions (also the insolvency representative at the Bank of Russia). In the cases stipulated by article 50-11, paragraph 3, as well as article 52, paragraph 2, of this Federal Act, the functions of the insolvency representative in bankruptcy of credit institutions that did not have a license of the Bank of Russia to attract money Citizens ' contributions to the Agency are provided by the Agency. No compensation shall be paid for the exercise of the powers of the insolvency representative. 2. Mandatory conditions for accreditation to the Bank of the Russian Federation of arbitration managers as insolvency representatives in bankruptcy of credit institutions are: (1) compliance with the requirements of the arbitration managers established by the Federal Republic of Germany. The insolvency (bankruptcy); (bankruptcy) law of three years prior to the accreditation of the insolvency law of the Russian Federation (bankruptcy) that led to substantial impairment of rights of the insolvency estate of creditors The organization (hereafter referred to as the insolvency estate), the disproportionate satisfaction of creditors ' claims, and the absence of any suspension or improper performance of the insolvency representative Such duties; 3) training on the programme approved by the Bank of Russia. 3. The accreditation of the insolvency representative as insolvency representative for the bankruptcy of credit institutions is carried out by the Bank of Russia on the basis of an application of the arbitration manager within 30 days from the date of its receipt. The application shall be accompanied by documents confirming that the applicant meets the accreditation requirements established by this Federal Law. The statement of the accreditation of an arbitration manager as insolvency representative in the insolvency of credit organizations may be sent to the Bank of Russia by a self-regulating organization of arbitration managers. The procedure for considering applications for accreditation of arbitration managers as insolvency representatives in the bankruptcy of credit organizations, accreditation, cancellation of accreditation, refusal of extension of accreditation is determined Bank of Russia regulations. The Bank of Russia, in coordination with the Russian Federation Government Commissioner, may establish additional requirements for the accreditation of arbitration managers as a federal executive authority. The insolvency representative of the bankruptcy of the credit institutions. The term of the accreditation of the insolvency representative as insolvency representative for the bankruptcy of credit institutions is one year. The Bank of Russia will extend the validity of its accreditation on the basis of 30 days prior to the expiration of the accreditation of claims of arbitration managers. The Bank of Russia issues a certificate of accreditation to an arbitration manager accredited by the insolvency representative in bankruptcy of credit institutions. 4. Losses incurred by a insolvency administrator accredited to the Bank of Russia as a result of failure or improper performance of their duties by the persons involved in the bankruptcy case shall be compensated by their property and insurance Liability in case of such loss. The insolvency representative at the Bank of Russia, within 10 days of its approval by the insolvency representative of the Bank of Russia, should insure its liability in case of damage caused to them. Persons participating in the bankruptcy case in the amount due to the valuation of the assets of the credit institution at the last reporting date, calculated by the interim administration on the basis of the methods established by Bank of Russia regulations, and specifically: 3 per cent of assets in excess of 100 million Revenue increased by 2.19% to RUB 2.934 billion from RUB 2.934 billion, profit from operations was RUB 2.919 billion against a profit of RUB 2.918 billion, profit from RUB 2.918 billion against a profit of RUB 2.009 billion the year before. Revenue increased by 3.22% to RUB 203.925 billion from RUB 208.925 billion, profit from operations was RUB 3.925 billion against a profit of RUB 3.925 billion the year before, the company reported. The report on the proper enforcement of the liability of the insolvency representative of the Bank of Russia accredited to the Bank of Russia is forwarded to the Arbitration Court and the Bank of Russia at that time. 5. In the event of approval in the manner prescribed by this Federal Law, the insolvency representative of the Agency shall not be subject to the liability insurance claims for damages to persons participating in the bankruptcy case. 6. The Agency shall exercise the powers of a insolvency representative, through a representative designated by it, acting on the basis of a power of attorney. The Agency is obliged to send a message to the Arbitration Court and the Bank of Russia on the appointment of a representative in the bankruptcy case within five days of the decision by the arbitral tribunal to declare the credit institution bankrupt and to open the bankruptcy court. A competitive process or a court order for the approval of the insolvency representative of the Agency in the cases referred to in article 50, paragraph 3, and article 52, paragraph 2, of this Federal Act. In the event of circumstances that result in the inability of the representative of the Agency to exercise his or her powers, including because of his suspension from the duties of the representative of the insolvency representative, Under article 50, paragraph 4, of this Federal Law, the Agency is obliged to send a new representative to the arbitral tribunal and the Bank of Russia within five days of the occurrence of these circumstances. The manager. 7. The Bank of Russia has the right to cancel the accreditation of a insolvency representative accredited by the Bank of Russia, if one of the following reasons is given: 1) the suspension of the insolvency representative. By an arbitral tribunal from the performance of the insolvency representative; 2) the breach of the accreditation; (3) the breach of the insolvency (bankruptcy) insolvency laws of the Russian Federation which led to to a fundamental breach of the rights of creditors The amount of the insolvency estate that is disproportionate to the satisfaction of the creditors ' claims. 8. In case of cancellation by the Bank of Russia of the accreditation of a insolvency representative accredited to the Bank of Russia, the Bank of Russia will be suspended by the arbitral tribunal from the performance of its duties on the basis of the statement of the Bank of Russia. 9. The decision of the Bank of Russia to deny accreditation, cancel the accreditation or the refusal to renew the accreditation may be appealed to the arbitral tribunal. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-21. insolvency representative 1. The insolvency representative shall exercise the powers of the head of the credit institution and other management bodies of the credit institution within the limits, procedures and conditions set out by this Federal Law. 2. The insolvency representative must act in good faith and reasonably, taking into account the rights and legitimate interests of creditors, the credit institution, society and the State. 3. The manager is obliged: 1) to take over the property of the credit institution, conduct an inventory; 2) (Spowed by Federal Law dated 28.07.2012. N 144-FZ) 3) notify the credit institution's employees of the impending dismissal no later than one month from the date of the introduction of the insolvency estate; 4) to take measures to secure the property of the credit institution organizations; 5) (Spated by Federal Law of 28 April 2009) N 73-FZ) 6) present a claim against third persons who are in arrears to the credit institution to recover in accordance with the procedure established by this Federal Law; 7. Articles 50 to 28 and 50 to 29 of this Federal Law; 8) maintain a register of creditor claims; 9) take measures to search, identify and return the property of the third party credit institution persons; 10) hand over documents resulting from the process activities of a credit institution, to be stored in accordance with the procedure established by federal laws and other regulatory legal acts, in accordance with the list of documents forming part of the activity OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102058331&backlink=1 & &nd=102158456 " target="contents "title=" "> dated 28.07.2012 N 144-FZ; dated 04.10.2014 N 289-FZ )11) to detect signs of intentional and fictitious bankruptcy, as well as the circumstances under article 14 of this Federal Law; 11-1) Implement in the manner prescribed by Article 22-2 of this Federal Law, the return of securities and other property of customers accepted and (or) acquired by a professional credit institution in the securities market, for their storage contracts, Treaties of trustful management, depositary treaties, brokering treaties; (Sub-item: Federal Act July 28, 2012 N 144-FZ)12) perform other duties established by the federal law. 4. Executive Order: 1) to dispose of the assets of the credit institution in the manner and under conditions set by this Federal Law; 2) to dismiss employees of the credit institution, including the head of the credit institution, to change the terms of employment contracts, to transfer the employees to other work in order and under conditions established by federal law; 3) to declare the withdrawal of contracts and other transactions in the procedure established by Article 50-34 of this Federal Law; 4) (e) To submit applications for the annulment or consequences of the invalidity of trivial transactions made by a credit institution, including in the manner and on the grounds provided for in article 28 of this Federal Act, on the destruction of the property of a third party, the termination of contracts entered into by the credit institution, and other actions to protect the rights and legitimate interests of the credit institution and its creditors, as provided for in the federal budget OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Law of 28 April 2009. N 73-FZ) 5) to involve accountants, auditors, appraisers and other specialists with the payment of their services at the expense of the property of the credit institution in order to solve the problems arising from the implementation of the competitive process; Federal Act of 28 July 2012. N 144-FZ) 6) implement other statutory rights established by federal law in the discharge of its duties. 5. If there are grounds established by federal law, the insolvency representative shall make claims against third parties who, under federal law, bear subsidiary liability under the obligations of the credit institution. (In the wording of the Federal Law of 28 April 2009, N 73-FZ) 6. A competitive manager has the right to advance the costs of his or her duties from his/her own funds and recover these costs from the assets of the credit institution in accordance with the procedure established for execution The current liabilities of the credit institution in the course of the insolvency proceedings. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-22. Control over the competition control 1. The insolvency representative is required, at the request of the arbitral tribunal, to submit to the arbitral tribunal all information relating to the insolvency proceedings, including a record of its activities. 2. The insolvency representative represents a meeting of creditors, and if a creditor committee is formed, the creditors ' committee will report on its activities, information about the financial condition of the credit institution and its property on the opening day of the competition The Conference of the States Members of the United Nations that are members of the Group of States and the Government of the Republic of Korea. The report of the insolvency representative after its submission and consideration by the meeting of creditors or the creditor committee is forwarded to the Bank of Russia. 3. The report of the insolvency representative or creditor committee should contain information on: (1) of the insolvency estate, including the progress and (or) the results of the credit organization's inventory, the progress and the (or) the results of the assessment of the property of the credit institution, if the appraiser was involved in the assessment of its property; (In the wording of the Federal Law July 28, 2012 N 144-FZ ) 2) on the amount of money received in the main account of the credit institution, the sources of the revenue data; 3) on the progress of the credit institution's property with the details of the sale order, the balance value, its customers, and the amounts received from the disposition of the property; 4) the number and total amount of claims for payment of the debt invoiced by the insolvency representative; 5) Measures taken to secure the assets of the credit institution, as well as To identify and claim the property of a credit institution in possession of third persons; 6) on measures taken to recognize the transactions of a credit institution as invalid, as well as on the application of the waiver credit organization; 7) on maintaining a register of creditor claims, specifying the total size of the creditors 'claims included in the register and the size of the creditors' claims of each queue; 8) on the number of employees in credit organizations that continue to operate through a competitive process, and also on the number of employees of the credit institution who had been dismissed during the competitive process; 9) on the competitive proceedings conducted by the insolvency representative and its results; 10) on the sum of the costs of The holding of a competitive process, specifying their appointment; 11) that third persons who, under federal law, are subject to such liability under the obligations of the credit institution shall be subject to subsidiary liability link to bankruptcy; 12) other details of the progress The insolvency proceedings, the composition of which shall be determined by the insolvency representative, as well as the requirements of the meeting of creditors, the creditor committee or the arbitral tribunal. 4. The bank manager submits to the Bank of Russia monthly accounting and statistical accounts of the credit institution, as well as other information on the progress of the competitive process at the request of the Bank of Russia in accordance with the list and in the order which are established by the Bank of Russia. 5. The report on the preliminary payment to creditors of the first stage, carried out in accordance with Article 50-38 of this Federal Law, shall be submitted by the insolvency representative to the arbitral tribunal and the Bank of Russia. 6. The Bank of Russia has the right to inspect the activities of the insolvency representative in cases and the procedure established by Bank of Russia regulations. 7. The Bank of Russia has the right to send to the insolvency representative the rule on the elimination of violations of regulatory legal acts regulating relations related to the insolvency (bankruptcy) of credit organizations, which are revealed by the data provided by the Bank of Russia. or in the course of the review of its activities. Failure to comply with the Bank of Russia's order to eliminate the detected violations is the basis for the cancellation of the accreditation of the insolvency representative accredited by the Bank of Russia. The decision of the Bank of Russia may be appealed to the arbitration court within 10 days from the date of its adoption. If the Bank of Russia is detected, the Bank of Russia is obliged to take measures to eliminate them within 10 days from the date of receipt of the corresponding order by the Bank of Russia. to notify the Bank of Russia. The Agency's failure to comply with the Bank of Russia's prescription for the elimination of the breach is the basis for the Bank of Russia's appeal to the bankruptcy court against the Agency's actions. 8. As a result of the examination of the complaint referred to in paragraph 7 of this article, the arbitral tribunal shall take one of the following decisions: (1) to be satisfied with the complaint of the insolvency representative's actions and to have the competition unborn The author of the communication is the representative of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the 9. In the event that the Bank of Russia receives a complaint from the creditor committee against the insolvency representative or the application for the annulment of its accreditation, the Bank of Russia is obliged to consider the said complaint or request and decide: 1) on the direction of the insolvency representative to eliminate the breach of regulatory legal acts governing the insolvency (bankruptcy) of credit organizations; 2) through the insolvency representative; 3) The cancellation of the accreditation; 4) to make the complaint unfounded. (Article added: Federal Law of 20.08.2004 N 121-FZ) Article 50-23. Release the insolvency representative, accredited to the Bank of Russia, from performance insolvency representative's duties 1. The insolvency representative at the Bank of Russia, in case of an application for exemption from the duties of a insolvency administrator and in other cases provided for by the Federal Act, may be waived by the arbitral tribunal. the performance of the duties of the insolvency representative. 2. In the event of the release of the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative, the arbitral tribunal shall, at the same time, approve the insolvency representative of the Agency in accordance with the procedure established by paragraph 3 of the article 50-11 of this Federal Law. 3. The determination of the arbitral tribunal to release the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative is subject to immediate execution and can be appealed. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-24. Discretion of the insolvency representative, accredited to the Bank of Russia, or the representative of the Agency from the performance of the duties of the insolvency representative 1. A competitive manager, accredited to the Bank of Russia, may be removed by an arbitral tribunal from the performance of the insolvency representative: 1) on the basis of an application from a meeting of creditors or a creditor committee in the case of a meeting of creditors. Failure or improper performance of the insolvency representative; 2) in connection with the satisfaction of the arbitral tribunal with the complaint of the person involved in the bankruptcy case against non-performance or improper performance their duties, provided that such failure or improper The execution violated the applicant's rights or legitimate interests, or resulted in damages to the credit institution or its creditors; (3) on the basis of the application of the person involved in the bankruptcy case, if found Cirtraits which had prevented the approval of the person referred to in the first paragraph of this paragraph by the insolvency representative and in the event that such circumstances arose after the approval of the person referred to in the first paragraph of this paragraph (...) (...) of the Bank of Russia. 2. At the same time as the suspension of the insolvency representative accredited to the Bank of Russia, from the performance of its duties, the arbitral tribunal shall approve the Agency as a insolvency representative in accordance with the procedure set out in paragraph 3 Articles 50 to 11 of this Federal Act. 3. The determination of the arbitral tribunal to dismiss the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative is subject to immediate execution and can be appealed. 4. A representative of the Agency, in the exercise of his or her duties, may be suspended by the arbitral tribunal from the performance of those duties in connection with the satisfaction of the arbitral tribunal with the complaint of the person involved in the case. Bankruptcy, non-performance or improper performance by a representative of the Agency of a representative of the insolvency representative, provided that such failure or improper performance of the said duties violated rights or lawful rights The interest of the complainant or the loss to the credit institution or its creditors. 5. The determination of the arbitral tribunal to dismiss the representative of the Agency from the performance of a representative of the insolvency representative is subject to immediate execution and may be appealed. (Article added: Federal Law of 20.08.2004 N 121-FZ) Article 50-25. Creditors ' rights when a credit organization is 1. Creditors of the credit institution are entitled to the rights provided by the Federal Law "On Insolvency (Bankruptcy)" and by this Federal Law. 2. In the bankruptcy proceedings, the legitimate interests of the insolvency representative and the competent authorities represent the creditors 'meeting and the (or) creditors' committee, which act in accordance with the Federal Law "On insolvency (bankruptcy)" In the light of the circumstances set out in this Federal Act. The powers of the meeting of creditors and the creditor committee are determined in accordance with the Federal Law on Insolvency (Bankruptcy). 3. When adopted by a meeting of creditors, decisions shall be taken into account the votes of the insolvency creditors and the authorized bodies whose claims are included in the register of creditor claims at the date of the meeting. 4. The insolvency representative shall be entitled to convene the first meeting of creditors after determination under sub-paragraph 1 Article 50, paragraph 3, paragraphs 4, 6 and 10, paragraphs 4, 6 and 10 of this Federal Act, of the requirements laid down in accordance with article 50, paragraph 2, of this Federal Act, but not later than 90 days from the date of publication of the notice of credit. Bankrupt and commencement of insolvency proceedings. (In the wording of the Federal Law of 28 July 2012, N 144-FZ) 5. The meeting of creditors and (or) the committee of creditors is entitled to apply to the Bank of Russia with a complaint about the actions (inaction) of the insolvency representative and the request to cancel the accreditation of the insolvency representative accredited by the Bank of Russia. 6. The creditors have the right to demand the submission of documents on transactions stipulated in Article 28 of this Federal Law, committed in the amount of more than one million rubles. The cost of preparing copies of these documents is at the expense of the creditor. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-26. { \b Size of } { \b } { \b } { \b } { \b } { \b For the purposes of this Federal Law, monetary obligations and liabilities for the payment of mandatory payments to the credit institution, with the exception of the current obligations under article 50 to 27 of this Federal Act, shall be determined by The day of revocation of the banking licence from the credit institution, unless otherwise provided by this Federal Act. 2. The amount of monetary obligations and liabilities for the payment of mandatory payments denominated in foreign currency is determined in rubles at the rate set by the Bank of Russia on the day of revocation of the banking license agreement. operations, with the exception of the current liabilities of the credit institution. (Article added: Federal Law of 20.08.2004 N 121-FZ) Article 50-27. The current obligations of the credit institution in competitive process 1. Under the current obligations of the credit institution it is understood: 1) the obligation to pay the debt incurred prior to the day of revocation of the banking license from the credit institution, for the work done (a) The Bank of Russia, in accordance with the Federal Law "On Banks and Banking Activities"; in the period from the date of revocation of the licence from the credit institution to carry out banking operations until the day of completion of the insolvency proceedings, including: obligation to pay for the continuation of the credit institution, including the remuneration of persons working for An employment contract, payment of termination benefits to these persons in case of their dismissal, taking into account the features established by the Federal Law "On insolvency (bankruptcy)"; (In the wording of Federal Law from July 28, 2012 N 144-FZ) liabilities for the remuneration of the insolvency representative of the Bank of Russia accredited to the Bank of Russia; judicial expenses of the credit institution, expenses include information in The Single Federal Register of Bankruptcy and Publication of the Communications under this Federal Law, as well as other expenses arising from this Federal Act relating to the conduct of the insolvency proceedings; Federal Act dated 28.07.2012. N 144-FZ )3) the obligation to pay mandatory payments that have arisen in the period from the credit institution's revocation of banking licences until the day of commencement of the insolvency proceedings, as well as The obligation to pay the obligatory payments made during the competitive process in the payment of the employees of the credit institution; 4) the obligation to withhold the money from the wages of the employees of the credit institution, in connection with the performance of the duties referred to in subparagraph 1 of this paragraph, from the day of withdrawal of the banking licence from the credit institution and until the day of completion of the insolvency proceedings, as well as the obligation to transfer the amount of such deductions in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. For the purposes of this Federal Act, the obligation to pay is due to the day of the expiry of the time (tax period) fixed for the calculation of the amount of the compulsory payment to be paid under the law taxes and fees. (In the wording of the Federal Law of 19 July 2009, N 195-FZ) 3. The cost of fulfilling the current obligations of the credit institution shall be included in the estimate of the current expenses of the credit institution and shall be carried out by a competitive manager on the basis of such estimates. 4. Unless otherwise specified in this article, the estimate of the current expenses of the credit institution shall be approved (modified) by the insolvency representative. 5. The estimate of the current expenses of the credit institution in respect of the costs incurred after the first meeting of creditors is subject to approval by the creditors ' meeting and, if the creditor committee is formed, the creditor committee Representation of the insolvency representative. The estimate of the current expenses of the credit institution should be submitted for approval to the first meeting of creditors, and if the creditor committee is formed, the creditor committee should be given no later than three days from the date of its formation. In the case of non-approval (refusal of approval) by a meeting of creditors or a committee of creditors of an estimate of the current costs of the credit institution, a meeting of creditors or a creditor committee is entitled to apply to the arbitral tribunal with a statement of the permission of the creditors. disagreement between the insolvency representative and the meeting of creditors or the creditor committee. As a result of these disagreements, the arbitral tribunal shall approve an estimate of the current expenses of the credit institution produced after the issuance of the relevant judicial act. 6. The current costs of the credit institution, approved by a meeting of creditors, or by a creditor committee, or by an arbitral tribunal in accordance with paragraph 5 of this article, may be changed by a meeting of creditors or a creditor committee on the basis of Representation of the insolvency representative and, where there is disagreement between them, the arbitral tribunal shall, in accordance with the procedure set out in paragraph 5 of this article, make changes to the estimates. 7. Pending approval of (changes) in the estimates of current expenses by a meeting of creditors, or by a committee of creditors, or by an arbitral tribunal in the manner provided for in paragraphs 5 and 6 of this article, an estimate of the current expenditure of the credit institution is in effect (amended) by the insolvency representative. 8. The requirements of the current obligations of the credit institution are not subject to inclusion in the register of creditor claims. Creditors of the current liabilities of the credit institution are not recognized by the persons involved in the bankruptcy case. 9. The satisfaction of the creditors ' claims on the current liabilities of the credit institution during the competitive process shall be in the order established by this chapter. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-28. Determination of the size of creditors ' claims 1. Creditors are entitled to present their claims to the credit institution at any time during the competitive process, as well as in accordance with the procedure established by article 22 to 1 of this Federal Law, during the period of activity in the credit institution the Administration. Upon presentation of claims, the creditor is required to indicate, in addition to the substance of the requirements, information about himself, including the name, first name, patronymic, date of birth, identity of the identity document, and the mailing address for the claim. correspondence (for a natural person), name, location (for legal person) and bank details (if any). These requirements are presented to the insolvency representative, together with the application of court decisions that have entered into force, the arbitral tribunal, the determination of the execution of the executive sheet for enforcement of decisions of the arbitral tribunal or other judicial acts, as well as authentic documents, or duly certified copies thereof, supporting the validity of these claims. 2. For the purpose of a competitive process, the insolvency representative shall set a time limit for the filing of claims by creditors after the expiry of which the register of claims of creditors is considered to be closed. The deadline for submission of claims by creditors cannot be less than 60 days from the date of publication of the credit institution's recognition of the bankrupt and the commencement of the insolvency proceedings. A notice of delivery or other documents confirming the deadline for receipt of the insolvency representative is taken into account in relation to the number of claims submitted to the insolvency administrator. of the above requirements. 3. The creditors ' claims are deemed to be established if they: 1) is confirmed by a court decision that entered into force, the arbitral tribunal, the determination of the execution of the decision of the arbitral tribunal, or In the absence of information on the subsequent partial or total satisfaction or termination of such requirements; 2) is determined by the arbitral tribunal in the manner provided for in paragraph 7 of this article; 3) as defined by the insolvency representative in the manner provided for in paragraphs 4 and 6 This article, as well as article 50, paragraph 3, of this Federal Law; 4) shall be determined in the manner provided for in paragraph 10 of this article. 4. The insolvency representative shall consider the claim made by the creditor in the course of the insolvency proceedings and, on the basis of its review, not later than 30 working days from the date of receipt of the claim, enters the creditor's register in the event of The validity of the claim. In the same period, the insolvency representative shall notify the appropriate creditor of the inclusion of its claim in the creditor's register of claims, the refusal of such inclusion in the registry or the inclusion of the claims in the register in a limited amount. Where a creditor's claim is made to the creditor's registry in the relevant notice to the creditor, details are given of the size and composition of its claim to the credit institution and the order of its satisfaction. 5. Objections resulting from a review by a creditor's insolvency representative may be filed with the creditor not later than 15 calendar days from the date of receipt by the creditor of the insolvency representative of the insolvency representative of this requirement. Such objections shall be accompanied by a notice of service to the insolvency representative of such objections or other documents confirming the direction of the insolvency representative of the objection and the documents annexed to the objection. 6. Claims of creditors whose objections are not raised within the time limit provided for in paragraph 5 of this article shall be deemed to be established in the amount, composition and priority of the satisfaction determined by the insolvency representative. 7. Claims of creditors are reviewed by the arbitral tribunal in the manner provided for in article 60 of the Federal Insolvency (Bankruptcy) Act. The determination of the arbitral tribunal shall be determined by the arbitral tribunal. the arbitral tribunal concerning the inclusion or refusal of the inclusion of the claims in the register of creditors. In the determination of the arbitral tribunal to include such claims in the register of claims of creditors, the size and order of satisfaction of these claims are indicated. A copy of the definition of inclusion or refusal to include the specified requirements in the register of creditor claims is sent to the objecting person and the insolvency representative following the day of the determination arbitration court. The determination of the arbitral tribunal to include or refuse to include creditors ' claims in the register of creditors is subject to immediate execution and can be appealed. 8. The creditor's claim determined by the arbitral tribunal in question shall be included by the insolvency representative in the register of creditor claims not later than the day following the date of receipt of the copy of the determination by the insolvency representative The creditor is notified by the insolvency representative within three days from the date of entry into the register of creditor claims. 9. Disputes over claims of creditors or other authorized bodies that have been confirmed by a judgement or other act of the court or arbitral tribunal in part or in size shall not be subject to review by the arbitral tribunal but of such declarations. The differences are to be returned, except for differences arising out of the execution or revision of the judicial acts. 10. The creditor's claim made against the credit institution during the period of its activity in the provisional administration and the creditors ' claims in the manner prescribed by article 22 to 1 of this Federal Law shall be deemed to be established in The size, composition and order of satisfaction determined by the interim administration, if within 60 working days from the date of publication of the report of the recognition of the credit institution bankrupt and on the opening of the insolvency estate In the light of the provisions of paragraph 3 (1) of this article, the creditor is notified of the full or partial exclusion of the said requirement from the register of creditors. The objections to the content of the notice referred to in the first paragraph of this paragraph may be declared by creditors and also examined by the arbitral tribunal in the manner provided for in this article. Claims by creditors for which the objections are not raised within the time limit provided for in paragraph 5 of this article shall be deemed to be established in the amount, composition and priority of the insolvency representative determined by the insolvency representative. Claims against creditors during the period of the provisional administration, but not reviewed by the interim administration on the expiry of its terms of office in accordance with the procedure established by paragraphs 6 to 12 of the article 22-1 of this Federal Law shall be deemed to be presented on the date of publication of the information about the recognition of the credit institution bankrupt and of the commencement of the insolvency proceedings and shall be considered (established) in the manner provided for in this article. In doing so, the insolvency representative shall carry out the actions referred to in paragraph 4 of this Article within 60 days from the date of publication of the credit organization's recognition of the bankrupt and the commencement of the insolvency proceedings. 11. The amount of monetary obligations arising from the financial contracts, in accordance with article 4, paragraph 1, of the Federal Act on Insolvency (bankruptcy), is determined in the manner provided for in that article. (The paragraph is amended by the Federal Law of 07.02.2011). N 8-FZ) N 121-FZ) Article 50-29. Determination of the size of creditors 'claims for the purpose of the creditors' meeting's definition of creditors 1. The determination of the size of the creditors ' claims for purposes of determining the participants in the meeting of creditors shall be in the manner provided for in article 50-28 of this Federal Law. 2. For the purposes of participation in the first meeting of creditors, creditors are entitled to present their claims against the credit institution within 30 calendar days from the date of publication of the credit organization's recognition of the bankrupt and the opening of the competition of the present Federal Act, as well as in the procedure established by article 22-1 of this Federal Act, during the period of activity in the credit institution of the provisional administration. At the end of the above term, the registry of creditors for the purposes of determining the participants in the first meeting of creditors is considered to be closed. 3. Creditor (creditor) whose claims are included in the registry of creditors on the basis of copies of the documents referred to in article 50-28, paragraph 1, of this Federal Act are permitted to participate in a meeting of creditors only at the time of The submission of original documents confirming the validity of these claims. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-30. Register of creditor claims 1. A register of creditor claims shall be made by a insolvency representative. Taking into account the particularities set out in article 50, paragraph 10, of this Federal Act, the registry shall include information drawn up by the provisional administration in accordance with article 22-1 of this Federal Act of the Register of Requirements. A creditor that is transferred to a insolvency representative in accordance with article 31 of this Federal Act. In the wording of the Federal Law of 14.10.2014, N 304-FZ) 2. Unless otherwise specified in this article, the creditor's claims shall be entered by a insolvency representative on the registry of creditors on the written application of the creditor on the basis of a court decision which has entered into force, the arbitral tribunal, definitions of the Issuing of an executive sheet for enforcement of a decision of the arbitral tribunal or other judicial act, as well as on the basis of other documents confirming the validity of these requirements. 2-1. The creditors ' claims under the bank deposit agreement and/or the bank account may be included by the insolvency representative in the register of creditor claims in the amount of the remits of the accounts payable to the creditor a statement by the creditor on the basis of the information available in the credit institution. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ) 2-2. The obligation of the creditor under the contract of bank account and/or the agreement of the bank account, which has the right to receive insurance compensation in accordance with the Federal Law "On Insurance of deposits of individuals in banks of the Russian Federation", shall be included by the insolvency representative in the register of creditor claims in the amount of the balance of the cash in an account in excess of the amount owed to the creditor of the indemnity. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ)3. Claims by creditors for which the credit institution is responsible for causing harm to their life or health, as well as the claims of the creditors to pay termination benefits and pay to persons working or working under a contract of employment, may be included in the register of creditor claims without a written statement by the creditor on the basis of the information available in the credit institution. If the creditor's claims are included in the register without its written application on the basis of the information available in the credit institution, the insolvency representative shall send the insolvency representative within a period of not more than five working days from the date of A notice to the creditor, in the manner provided for in article 50, paragraph 4, paragraph 4, of this Federal Law, shall be entered in the register of creditors ' claims. The contents of the said notice may be declared by the creditor and also examined by the arbitral tribunal in the manner provided for in article 50 to 28 of this Federal Law. Claims by creditors for which no objection is made within the time limit provided for in article 50, paragraph 5, of this Federal Act are deemed to be established in the amount, composition and priority of the satisfaction of the insolvency representative. (The paragraph in the wording of the Federal Law of July 21, 2014). N 218-FZ) 4. The creditor's claim is excluded by the insolvency representative from the register of claims of creditors on the basis of the definition of the arbitral tribunal, except as provided for in article 50, paragraph 10, of this Federal Act, or in the case of The creditor has submitted written consent to the exclusion of its claim from the register of creditor claims. 5. The register of creditor claims should include details of each creditor, the size of its claims to the credit institution, the order of satisfaction of each creditor's claim, and the reasons for the creditor's claims. In the register of creditor claims, the insolvency representative may also include other information relevant to the determination of creditors ' claims to the satisfaction of creditors as well as for implementation by creditors of other rights provided for in this Federal Act. 6. The creditor whose claims are included in the register of creditors is obliged to inform the insolvency representative in a timely and appropriate order of the alteration of the particulars referred to in article 50-28, paragraph 1, of this Federal Law. In the case of failure to submit or late submission of the above information, the insolvency representative and the credit institution shall not be liable for any damages caused. 7. The insolvency representative, at the request of the creditor (representative of the creditor), shall, within five working days of the receipt of such claim, send the creditor (s) to the creditor (s) a statement of the creditors ' claims of the size, composition and composition of the creditor the order of satisfaction of these claims. The cost of issuing such a statement up to the value of the services of the liaison agencies shall be borne by the creditor. 8. Labour disputes between the credit institution and the employee of the credit institution are dealt with in the manner determined by the Russian Federation's labour and civil procedural legislation. (Article added: Federal Law of 20.08.2004 N 121-FZ) Article 50-31. The credit organization's accounts in the contest 1. The insolvency representative is obliged to use only one correspondent account of the credit institution, recognized bankrupt, for money in the currency of the Russian Federation-the main account of the credit institution, Bank of Russia, as well as depending on the number of foreign currency types available to the credit institution, is the necessary number of credit institution accounts for foreign currency opened in other credit institutions. The Bank of Russia is in the process of doing so. (Spconsumed by the Federal Law of 01.12.2007) N 303-FZ) 2. When the Agency is exercising the powers of the insolvency representative's insolvency representative, the Agency shall open a competitive process. For the purpose of exercising the functions of the insolvency representative, the Bank of Russia shall open an account for funds in the currency of the Russian Federation. 3. Credit organization accounts opened in other credit institutions (including those discovered through a competitive process), except for accounts opened in connection with the credit organization's professional activity in the market of securities paper, and collateral accounts, are to be closed as they are discovered. The balances of the credit institution must be transferred from the accounts to the credit institution's accounts in the course of the insolvency proceedings. (In the wording of the federal laws of July 28, 2012). N 144-FZ; dated 21.07.2014. N 218-FZ)Following the award by the arbitral tribunal on the recognition of the credit institution bankrupt and the opening of a competitive process, the Bank of Russia within 10 days from the date of receipt of the insolvency representative The relevant requirement will be transferred to the account of the credit institution during the competitive process of the funds of obligatory reserves, deposited by the Bank of Russia, as well as other monetary funds of the credit institution located in the bank. in the Bank of Russia. The credit institution is credited in the course of the insolvency proceedings with the funds of the credit institution entering into the insolvency proceedings. 4. From the main account of the credit institution the creditors, current communal and operational payments of the credit institution are paid, the other expenses related to the implementation of the competition are paid during the competitive process production. 5. The information on the expenditure of monetary funds of the credit institution from its accounts in the course of the insolvency representative is submitted to the Arbitration Court, the creditor committee and the Bank of Russia on demand, but not more than once a month. (Article added: Federal Law of 20.08.2004 N 121-FZ) Article 50-32. (Overtaken by the Federal Law of 28.07.2012) N 144-FZ) Article 50-33. Disposition of the property of the credit institution in the process of the insolvency proceedings (In the wording of the Federal Law July 28, 2012 N 144-FZ 1. After conducting an inventory of the assets of the credit institution, the insolvency representative proceeds to the sale of the property of the credit institution in open tendering procedure and under the conditions established by the Federal Law "On Insolvency Law". "(bankruptcy)", unless otherwise ordered by the property of the credit institution is established by this article. (In the wording of the Federal Law of 28 July 2012, N 144-FZ) 1-1. The Bank of Russia's banking supervisory board, in coordination with the Bank of Russia's supervisory committee, transfers property (assets) and liabilities of the credit institution or their part of the purchase (s) to the procedure set out in this article. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ1-2. In order to agree on the transfer of assets (assets) and liabilities of a credit institution or part of a credit institution (s), the insolvency representative sends a proposal to the Bank of Russia, which should contain information on the composition of the property (assets) and the obligations of the credit institution, the valuation results of the property (s) made in accordance with the requirements of this article, as well as the justification for the transfer of assets (assets) and liabilities. In the event that the transfer of assets (assets) and liabilities of the credit institution are proposed in parts, the proposed insolvency representative should contain information on the composition of assets (assets) and liabilities of the credit institution in respect of each part. The size of the transferor (s) of the credit institution's obligations is determined by the insolvency representative on the basis of information available in the credit institution. The value of the transferred property (s) of the credit institution is determined in accordance with the report of the appraiser, attracted by the insolvency representative and acting on the basis of the contract. Within ten working days of the date of receipt of the tender for the transfer of property (assets) and liabilities of the credit institution, the Bank of Russia's Bank Supervision Committee accepts The decision to agree on the proposal or to refuse the proposal shall notify the insolvency representative of the decision taken within a period not later than two working days from the date of the decision. The Bank of Russia's Committee of Banking Supervision has the right to refuse to agree on the proposal on the grounds established by the Bank of Russia regulations. class="doclink "href=" ?docbody= &prevDoc= 102058331&backlink=1 & &nd=102158456" target="contents "title=" "> dated 28.07.2012. N 144-FZ 1-3. Within three working days from the date of receipt of notification of the decision of the Bank of Russia's Committee of Banking Supervision on the approval of a tender for the transfer of property (assets) and liabilities of the credit institution The manager shall include in the Single Federal Register of Bankruptcy Details of the selection of the purchaser (s) of the property (s) and the obligations of the credit institution, which shall contain the details of the Transfer of assets (assets) and liabilities organizations, their costs and valuation methods. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 1-4. Credit organizations licensed to attract funds of individuals to deposits have the right to participate in the selection of the purchaser (s) of the property (s) and liabilities of the credit institution within ten working days from the date of incorporation of the information referred to in paragraph 1-3 of this Article into the Single Federal Register of Bankruptcy Details. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 1-5. The application for participation in the selection of the purchaser (s) of the property (s) and the obligations of the credit institution should contain a proposal to defer performance of the acquis to the Agency as a creditor of obligations, to the Agency as a result of the payment of insurance compensations to the depositors of the credit institution. The delay could not exceed one year from the date of the contract for the transfer of assets (assets) and liabilities of the credit institution. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 1-6. The insolvency representative sends applications for participation in the selection of the property (assets) and liabilities of the credit institution to the Bank Supervision Committee of the Bank of Russia. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 1-7. The Bank Supervisory Committee of the Bank of Russia has the right to refuse to agree on the purchase of property (assets) and liabilities of the credit institution based on the regulatory act of the Bank of Russia. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 1-8. In the case of transfers to the purchaser (s) of part of the obligations of the credit organization, the obligations of the creditors of the subsequent queue are transferred only after the full transfer of the obligations of the creditors of the previous queues. The order shall be determined in accordance with article 50 to 36 of this Federal Law. A part of the obligations of the credit organization of one queue may not be transferred to the purchaser unless otherwise specified by this article. The transfer of assets (assets) and liabilities of a credit institution or part thereof shall be based on the principles of good faith and reasonableness of the actions of the insolvency representative, equivalence of the value of transferred obligations Transfer of assets (assets), protection of rights and legitimate interests of creditors, including minimizing their losses in exercising their right to obtain satisfaction of their legal requirements for credit organization, priority and proportionality satisfying the requirements of creditors, equality of creditors queue. (Item added is the Federal Law of 28 July 2012) N 144-FZ) 1-9. Creditors of the credit institution shall be notified by a tender manager of the impending transfer of the property (s) and liabilities of the credit institution or their part by way of the official publication for the publication of the notice on the transfer of these assets and liabilities, as well as the inclusion of it in the Single Federal Register of Bankruptcy Details. Such notification shall be published at least one month prior to the intended date of transfer of the property (s) and the obligations of the credit institution or part thereof. Notice of transfer of assets (assets) and liabilities of a credit institution or part thereof must contain: 1) the name of the credit institution transferring the property (s) and obligations or their obligations Part, address and identifying information of the credit institution (State registration number of State registration of legal entity, taxpayer identification number); 2) the name of the credit institution the acquisition of property (assets) and liabilities of the credit institution or part thereof, its address and identifying information of the credit institution (the State registration number of the State registration of the legal entity, the identification number (a) The criteria for the attribution of obligations to the purchaser; (4) the manner in which the creditors of the credit institution received information on the attribution of obligations to them of obligations to be transferred to the purchaser. (the paragraph is amended to include the Federal Law of 28 July 2012). N 144-FZ)1-10. Within a month from the date of publication of the notice of transfer of the property (s) and the obligations of the credit institution or their part, the creditor of the credit institution is entitled to submit a written statement to the credit institution Disagreement with the transfer of rights and obligations under a contract concluded with a credit institution. The prorated share of the property to be transferred shall be excluded from the property of the credit institution to be transferred from the credit institution to be handed over from the date of receipt of the application to the insolvency representative. The requirements of a creditor of a credit institution that submitted a written application for disagreement with the transfer of rights and obligations under a contract concluded with the credit institution shall be granted according to priority, Article 50-36 of this Federal Law. N 144-FZ)1-11. After the transfer of the assets and liabilities of the credit institution, the latter is obliged to perform the obligations and/or the obligation to pay the obligatory payments under the conditions that existed on the day of revocation of the credit institution Banking licences. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 1-12. The property and obligations of the credit institution shall be deemed transferred from the date of signing of the transfer act by both parties. From this point on, the purchaser will be at risk of accidental death or accidental damage to his or her property. Simultaneously with the signing of the transfer act, the insolvency representative shall send to the official publication for publication information on the transfer of the assets and liabilities of the credit institution and includes the relevant information in the Unified Federal bankruptcy register. Such information shall contain the information specified in paragraph 1 to 9 of this article. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 1-13. The property and liabilities of the credit institution transferred to the purchaser are excluded from the insolvency estate and the creditor's registry of creditors ' claims. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 2. On sale of the property of the credit institution, requirements under the loan, credit and factoring requirements may be put on sale by a single lot (sale of credit portfolio of credit institution). The single lot may also be invoiced by the credit institution under lease contracts with the simultaneous assignment of the rights of claims under such contracts. 3. In order to reduce the timing of payments with creditors, the insolvency representative has the right to acquire the property of a credit institution not sold at the rebidding at the initial price set for rebidding. The transaction shall be in writing. 4. The securities held by the credit institution may be sold at organized trading or on the basis of a sales contract concluded without bidding. (...) (...) N 327-FZ) 5. In the course of the insolvency proceedings, the assets of the credit institution, which is provided for by the Federal Law "On insolvency (bankruptcy)". (In the wording of the Federal Law dated 28.07.2012. N 144-FZ) (Article padded: Federal Law of 20.08.2004) N 121-FZ) Article 50-34. Recognition of transactions made by a credit organization, invalid and renunciation of the contracts by a credit institution 1. A transaction by a credit institution may be declared null and void by the arbitral tribunal on the basis of the application of the insolvency representative and in accordance with the procedure provided for in article 28 of this Federal Act. 2. The insolvency representative has the right to refuse to perform contracts or other transactions made by a credit institution or not executed by the parties in whole or in part, if the performance of the credit institution of the said transactions will result in losses to the credit institution of a credit institution compared to similar transactions in comparable circumstances. The insolvency (bankruptcy) law of claims may be It is stated only in accordance with the procedure established by article 102, paragraph 6, of the Federal Law "On insolvency (bankruptcy)". (In the wording of the Federal Law July 07.02.2011 N 8-FZ) 3. In the cases referred to in paragraph 2 of this article, a contract entered into by a credit institution shall be deemed to be terminated from the date on which each of the parties to the said contract is received by the insolvency representative of the of the treaty. The party to the contract, which is concluded by the credit institution and in respect of which the non-performance is declared, is entitled to claim damages caused by the non-performance of the said contract. (Article added: Federal Law of 20.08.2004) N 121-FZ; in the wording of Federal Law of 28 April 2009. N 73-FZ) Article 50-35. The credit rating of the credit institution 1. All the property of the credit institution, available on the opening day of the competitive process and identified in the course of the competitive process, is the estate. 2. From the property of the credit institution, which is the estate, the property forming the mortgage in accordance with paragraph 4 of this article, securities and other property of the clients of the credit institution accepted by and/or acquired by the credit institution for their own account under the treaties of storage, trust management contracts, depositary treaties and treaties on brokering, as well as other property excluded from the insolvency estate in accordance with the OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 28 July 2012, N 144-FZ) The assets of the credit institution are separately accounted for and subject to mandatory evaluation of collateral. Not subject to mandatory evaluation of contractual rights of the bank account. (In the wording of the Federal Law No. N 218-FZ)3. If there is a property in the assets of the credit institution relating to socially significant facilities under the Federal Act on Insolvency (Bankruptcy), as well as the Housing Fund for Social Use, which are not included In accordance with the Federal Law "On insolvency (bankruptcy)", the transfer (realization) of the said property shall be carried out by the insolvency representative in order and under the conditions established by the Federal Law. 4. The mortgage financing of the property of the credit institution, which was carried out in accordance with the Federal Law of November 11, 2003 N 152-FZ "On Mortgage Securities", the issue of bonds with the mortgage is excluded from the insolvency estate, and The requirements of the mortgage lenders are met in accordance with the procedure established by the Federal Law. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-36. Priority of satisfaction of creditors ' claims in a competitive process 1. The execution of obligations to the creditors of the credit institution in the course of the insolvency proceeding shall be carried out in the order established by the Federal Law "On insolvency (bankruptcy)", taking into account the characteristics set out in this article. 2. The credit institution's current obligations under Article 50-27 of this Federal Law are fulfilled by the insolvency estate. The order of performance of the current obligations of the credit institution shall be determined in accordance with article 855 of the Civil Code of the Russian Federation. 3. The first requirement is: 1) the requirements of the individuals to whom the credit institution is responsible for causing harm to their life or health by capitalizing on the relevant temporary payments, as well as Compensation for moral injury; (2) claims by individuals who are creditors of a credit institution under their contracts with the bank deposit and/or bank account contracts (excluding those engaged in without the education of a legal person, if Such accounts (deposits) are open to the implementation of the federal law of business, as well as lawyers, notaries and other persons, if such accounts (deposits) are open to the implementation of the federal law Professional activities as well as persons referred to in paragraph 5 of this article); (In the wording of Federal Law No. (n 270-FZ) 3) the Agency's requirements under the bank deposit agreements and bank contracts that were transferred to it in accordance with the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation"; Federal Law of July 21, 2014. [ [ Bank of Russia]] requirements of the Bank of Russia pursuant to federal law as a result of payments made by the Bank of Russia on deposits of individuals in recognized bankrupt banks OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. Claims by creditors for obligations secured against the assets of the credit institution are met by the value of the bond, principally to other creditors, with the exception of obligations to creditors of the first and second creditors Queue. A creditor's requirements secured by a guarantee of rights under a bank account are satisfied by writing off the estate of the debtor from the debtor's collateral account and to issue them to a creditor on an obligation secured by a guarantee of rights a bank account agreement or deposit thereof with the account specified by such a creditor, minus cash sent to satisfy the creditors of the first and second creditors. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ )After satisfying the requirements of the first and second creditors, and the creditor's claims on the obligation secured by a guarantee of rights under a bank account, the escrow account is to be In accordance with the requirements of article 50, paragraph 3, of this Federal Act. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ) 5. Claims by individuals who are creditors of a credit institution under their contracts for bank deposits and/or contracts of a bank account, for damages in the form of loss of profits, and for the payment of financial penalties are included in the requirements of the creditors that are satisfied in the third queue. 5-1. The period (six months) during which the debtor's obligations under article 136, paragraph 4, of the Federal Act on Insolvency (bankruptcy) arose from the day of revocation of the banking licence from the credit institution operations. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ)6. The creditors ' claims on subordinated loans (deposits, loans, bond issues) are satisfied after satisfying the requirements of all other creditors. (In the wording of Federal Law No. N 247-FZ) (Article padded: Federal Law of 20.08.2004) N 121-FZ) Article 50-37. Fulfiller of the credit institution's obligations by the founders (participants) or third party (third parties) 1. The founders (participants) of the credit institution or the third person (third persons) at any time before the end of the insolvency proceedings are entitled to perform all the obligations of the credit institution or to provide the credit institution with funds sufficient for the performance of all the obligations of the credit institution that arose on the day of the withdrawal of the banking licence. 2. The founders (participants) of the credit institution or third party (third parties) are obliged to notify the insolvency representative and creditors in writing of the commencement of the credit institution's obligations. Upon receipt of the first such notification, the insolvency representative does not accept the obligations of the credit institution to creditors. If the person submitting the notification of commencement of the credit institution's obligations does not commence the performance of the said obligations within one week of the notification or within three months after the date of notification met the obligations of the credit institution to the creditors in accordance with paragraph 4 of this article, the notification shall be deemed null and void. Persons who have declared the obligations of the credit institution and have not fulfilled the said obligations at the time and amount fixed by this article are obliged to compensate creditors for the loss resulting from the suspension Competibidding process. 3. In the performance of the obligations of the credit institution by the founders (participants) of the credit institution or by a third party (third parties) or in the granting of a credit organization of funds, the creditors of the credit institution are obliged to accept The obligation to fulfil its obligations and the credit institution is obliged to fulfil its obligations to the creditors through the means provided to it. If the credit institution cannot fulfil its obligation to the creditor in accordance with paragraph 1 of this article and paragraph 1 of this paragraph, The particulars of themselves required for the calculation of the creditor, as well as in case of failure of the creditor to accept the obligation of the credit institution, may be deposited in the place of the notary (...) (...) 4. Cash, through which the founders (participants) of the credit institution or a third person (third party) fulfilled the obligations of the credit institution to its creditors or which they provided to the credit institution for execution The said obligations are considered to be provided by the loan organization under the terms of the interest-free loan agreement, which is determined by the time of demand, but not earlier than the day of the end of the insolvency proceedings in the case of the bankruptcy of the credit institution. 5. In the event of the performance of the credit institution's obligations by the founders (participants) of the credit institution or by a third party (third persons), the insolvency representative must, within 10 days, notify all creditors whose claims are on the register. claims of creditors and the fulfillment of obligations to them and to place the account in the account opened in the credit institution-Russian Federation resident of the Russian Federation account in the amount necessary for the full fulfillment of the stated obligations of the amount determined without Accounting for funds held in the account of a credit institution. The procedure for opening this account is determined by the Bank of Russia regulations. The above notification of creditors may be effected by the publication of a communication in a periodical publication at the location of the credit institution (its subsidiaries). 6. No later than 14 days after the end of the credit institution's obligations by the founders (participants) of the credit institution or third person (s), the insolvency representative is obliged to submit to the arbitral tribunal a report on the Performance of the obligations of the credit institution. 7. As a result of the review of the insolvency representative's report on the performance of the credit institution, the arbitral tribunal shall determine the termination of the bankruptcy proceedings of the credit institution in the case of the execution of all Obligations to creditors, including claims obligations. 8. In case of termination of proceedings for bankruptcy of a credit institution on the basis of paragraph 7 of this article, the Bank of Russia, on application of the credit institution, founders (participants) of a credit institution or a third person (third persons) who have fulfilled the obligations of the credit institution to its creditors, may decide within one month to issue a credit institution with a licence to carry out banking operations. At the same time, the Bank of Russia's right to grant the said credit institution the banking license arises when the following conditions are met at the same time: 1) if the repayment is provided for in paragraph 1 of this article The obligations of the credit institution by decision of the founders (participants) of the credit institution or third party (third parties) was carried out no later than six months from the day of withdrawal of the banking license; 2) if arbitration court confirms repayment of all obligations organizations that have arisen on the day of withdrawal of the banking licence; 3) if there are no claims filed by creditors following their notification in accordance with paragraph 5 of this article; 4) "If at the time of the consideration of the above statement, all the Bank of Russia's obligations under the law have been met," the regulator said. Federal Act on Banks and Banking Issuance of a banking licence. 9. In the event that the Bank of Russia does not take a decision within a month to issue a license to carry out banking transactions or refuse to issue the license, the credit institution is subject to liquidation in accordance with the Federal Law "On Banks and Banking". Activity ". (The article is supplemented by Federal Law of 20.08.2004). N 121-FZ Article 50-38. { \field { \field { \field { \field { \field { \field { \field { \field The requirements of the first stage creditors are met in two phases: ex-payment and final payment. At the same time, the requirements of the creditors of the first queue of the credit institution, which was not a member of the system on the day of withdrawal of the Bank of Russia's license from the Bank of Russia, satisfy the requirements of the creditors. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The requirements of the first unsatisfied creditors are satisfied in the form of final payments. 2-1. In the calculations with creditors of the credit institution, which on the day of withdrawal of the Bank of Russia license from the Bank of Russia was a member of the system of compulsory deposit insurance under the Federal Law "On insurance" Deposits of individuals in banks of the Russian Federation ", requirements of creditors referred to in article 50, paragraph 3 (1) of this Federal Law, as well as the requirements of the creditors referred to in article 50, paragraph 3, paragraph 3, of the present Federal Law Federal Act, in excess of the amount envisaged by the Federal Law " On Insurance of deposits of individuals in banks of the Russian Federation with insurance compensation of not more than RUB 300 thousand is granted until the other requirements of the creditors of the first queue are satisfied. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ)3. The requirements of the first stage creditors are granted in the order of preliminary payments in accordance with this Federal Law within a period of up to two months from the date of the first publication of the notice of recognition of the credit institution bankrupt and open a competitive process. Pre-payments to creditors of the first order shall commence no later than 30 days from the date of expiry of the period specified above for the filing of claims by creditors for the purpose of advance payments and not earlier than 10 days from the date of expiry of the deadline. The publication of the announcement of the procedure and the conditions for the initial payment of the first priority to creditors and shall be carried out within three months of that date. 4. Pre-payment to first-line creditors amounts to 70 per cent of the credit organization's accounts for the expiry of the deadline for the filing of first-line creditors for the purposes of the provisional Payments. If there is insufficient cash to satisfy the first-turn creditors ' pre-payment claims, these funds are allocated in proportion to the amounts to be satisfied. A report on the preliminary payment to creditors of the first queue is submitted by the insolvency representative to the Arbitration Court and the Bank of Russia in accordance with the procedure established by the Bank of Russia not later than 10 days from the date of expiry of the deadline for the payment. the implementation of the preliminary payment. 5. The amount of claims of the creditors of the first queue is to be reduced by the amount paid to them in the order of payments and payments made by the Bank of Russia on deposits of individuals in recognized bankrupt banks. Mandatory insurance of deposits of individuals in banks of the Russian Federation and is reflected in the register of claims of creditors of the credit institution recognized bankrupt. (In the wording of the Federal Law No. N 218-FZ) 6. Claims by creditors of the first stage in excess of the amount of the pre-payment made, as well as claims submitted after the end of the period of filing of claims by creditors of the first stage for the purpose of the advance payments, shall be satisfied in the manner of final payments, subject to the rules laid down in article 50 to 40 of this Federal Law. 7. The determination of the size of citizens ' claims before which the credit institution is responsible for causing harm to their life or health shall be determined by capitalizing on the relevant temporary payments established on the day of revocation The credit institution is licensed to carry out banking operations and payable to these citizens until they reach the age of 70, but not less than 10 years. The Government of the Russian Federation determines the order and terms of capitalization of the relevant temporary payments. If the age of the citizen exceeds 70 years, the period of capitalization of the relevant temporary payments is 10 years. 8. With the payment of capitalized temporary payments, the amount of which is determined in accordance with the procedure provided for in paragraph 7 of this article, the corresponding obligation of the credit institution shall be terminated. 9. With the consent of the citizen, his right to a credit institution in the amount of capitalized payments is transferred to the Russian Federation. The requirement in the event of its transition to the Russian Federation is also satisfied first. In this case, the obligations of the credit institution to the citizen for the payment of capitalized payments shall be transferred to the Russian Federation and executed by the Russian Federation in accordance with the federal law in the order, by the Government of the Russian Federation. 10. Claims for compensation for moral injury shall be granted in the amount established by the judicial act. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-39. Features of satisfaction of creditors ' claims on subordinated loans 1. Claims by creditors on subordinated loans (deposits, loans, bonded loans), as well as financial penalties for default on subordinated loans (deposits, loans, bonded loans) are granted after Meeting the claims of all other creditors. (In the wording of Federal Law No. N 247-FZ) 2. For the purposes of this Federal Law, the subordinated loan (deposit, loan, bond loan) is a credit (deposit, loan, bond loan), which fulfils the following conditions: 1) if the term is The provision of the said loan (deposit, loan), the maturity of the bonds is not less than five years; (2) if the loan (deposit, loan) or the registered conditions of the bond issue contain provisions on the impossibility Reconcending the Bank of Russia: early repayment of loan (deposit, loan) or early payment of interest for the use of the loan (deposit, loan) or early repayment of the bonds; early termination of the loan (deposit, loan) and (or) changes in specified contract; (Sub-paragraph in the wording of Federal Law of 29.12.2006 N 247-FZ)3) if the conditions for granting the specified loan (deposit, loan), including interest rate and the terms of its revision, at the time of conclusion of the contract (making changes to the contract) are not essential differ from the market conditions for the provision of similar loans (deposits, loans), and the interest paid on bonds and the terms of their revision are not substantially different from the average interest rate of similar bonds at the time of their placement (changes in the issuance of bonds); Law of 29.12.2006. N 247-FZ) 4) if the loan (deposit, loan) or the terms of the bond issued by a registered decision to issue them contain a provision that in the event of the bankruptcy of the credit institution claims The loan (deposit, loan), these bonds are granted after satisfying the requirements of all other creditors. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-40. Accounts payable in the insolvency production 1. The insolvency representative shall make settlements with creditors in accordance with the creditor's register. Calculations with creditors to satisfy the claims included in the above registry on the basis of copies of the documents referred to in article 50-28, paragraph 1, of this Federal Act shall be exercised only upon presentation of the original creditors. The documents confirming the validity of these claims. Persons who have the right, in accordance with article 50 to 37 of this Federal Law, to perform the obligations of the credit institution, make settlements with creditors in accordance with the register of creditors ' claims. 2. The creditors ' claims of each subsequent queue are satisfied after the creditors of the previous queue are fully satisfied. 2-1. Judicial acts, acts of other authorities, officials seeking to recover money held in the accounts of the clients of the credit institution, as well as the seizure and/or other restrictions on the disposition of such property shall be executed by a insolvency representative, in the amount of money due to the creditors of the appropriate queue, in accordance with the procedure established by this Federal Law. The appropriate funds are sent by the insolvency representative to be listed under the props provided by the authority or the official responsible for the recovery or imposing limitations (c) Cash management in the accounts of the clients of the credit institution (hereinafter referred to as the authorized person). On the performance of the authorized person's request, the insolvency representative is obliged to notify the appropriate creditor of the credit institution by mail of the communication with registered notice of delivery within five working days from the day of cash transfer. If, by the time the Bank of Russia sent a liquidation balance to the credit institution, the insolvency representative was not informed by the insolvency representative to transfer the funds referred to in this paragraph. The manager shall deposit the money owed to the creditor in the deposit of the notary and notify the creditor of the credit institution, the authorized person by post of the relevant communication by registered mail with a notice of delivery within five working days from the date of deposit of cash to deposit notary. (The paragraph is supplemented by the Federal Law of 28 July 2012). N 144-FZ)3. In the event of a creditor's failure to accept funds, these funds are made by the insolvency representative by the notary at the place where the credit institution (its subsidiaries) is located, as reported to the creditor. 4. If a credit institution is insufficient to meet the creditors ' claims, the money is distributed among the creditors of the appropriate queue in proportion to the amount of their claims included in the register. creditors ' claims. If there is insufficient funds to meet the requirements (parts of the claims) referred to in Article 50-38, paragraph 2-1 of this Federal Law, funds are distributed among creditors proportionally (a) The need for compensation. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ)5. Claims against creditors following the closure of the creditors 'registry are satisfied by the assets of the credit institution remaining after the creditors' claims filed within the established time period and on the registry claims of creditors. Calculations with creditors are made by a competitive insolvency representative in the manner prescribed by this article. 6. Claims of first-turn creditors after the closure of the creditors 'registry, but before the settlement is completed with all creditors, after the completion of the first-in-turn creditors' claims, to be satisfied before the claims of the creditors of the subsequent queue are satisfied. Pending the full satisfaction of the creditors ' claims in the first queue, the claims of the creditors of the subsequent queue are suspended. In the event that such claims have been made prior to the completion of the calculations with first-turn creditors, they are to be satisfied after the completion of the calculations with first-turn creditors who have submitted their claims within the specified time limit, if funds are available for their satisfaction. 7. In the manner prescribed by paragraph 6 of this article, the claims of first-turn creditors brought before the closure of the register of creditors ' claims but established in the manner provided for in article 50, paragraph 3, subparagraphs 2 to 4, are to be satisfied. of this Federal Law, respectively: 1) before the end of the calculation with all creditors, but after the completion of the calculations with the creditors of the first queue whose claims were set before the start of the calculation with them; 2) the completion of the first-of-the-first-turn creditors ' claims are installed prior to the start of the calculation with them. 8. Claims by creditors of the second queue, brought before all creditors, including after the closure of the register of claims of creditors, are to be satisfied in a manner similar to that set out in paragraph 6 of this article. 9. In the case of arbitration proceedings before the arbitral tribunal, the date of the commencement of the calculation of the dispute between the insolvency representative and the creditor upon the creditor's claim prior to the closure of the creditors ' claims, The insolvency representative is obliged to reserve funds in an amount sufficient to satisfy the creditors ' claims in proportion to the requirements of the creditor. 10. Satisfied claims of creditors and claims settled by creditors pursuant to an agreement between the insolvency administrator (creditors) and the creditor (hereinafter referred to as creditors) of the foot). To extingule the claims of creditors by granting the award of compensation only in respect of the property of a credit institution not sold or transferred in accordance with the procedure established by article 50 to 33 of this Federal Law. Only the property of the debtor that is not subject to the bond may be given as a leg. The provision of compensation to creditors by granting the award of compensation is subject to the order and proportionality of the creditors ' claims. The meeting of creditors 'claims by creditors or the creditor committee shall be subject to the granting of creditors' claims. The creditors ' meeting or the creditor committee shall approve the proposal of the insolvency representative to provide the details of the composition of the property, its value, the order and the time limits for the creditors to make claims consent to the payment of claims by the provision of compensatory time off, the distribution of property among creditors in the case of one claim by several creditors, the manner in which the agreements are concluded. The value of the property proposed for transfer to creditors is determined by the creditors ' meeting or by the creditor committee. (Paragraph in the wording of Federal Law dated 28.07.2012. N 144-FZ) 10-1. In order to transfer the credit institution's creditors to the creditors of the credit institution, the insolvency representative shall submit to the creditor or creditors a proposal to settle their claims by granting the approved by a meeting of creditors or a creditor committee. In the case where the number of creditors whose claims are not met exceeds fifty, the appropriate notification of creditors to the proposal to pay their claims by granting the award of compensation to the creditors The inclusion of a corresponding proposal in the Single Federal Register of Bankruptcy Details within five working days from the date of approval by the meeting of creditors or the creditor committee of the insolvency representative's bid for creditors of the credit institution of the foot. In the specified time, the insolvency representative is required to include the text of the proposal to pay off the creditors of the credit institution by granting the foot in the Single Federal Register of Bankruptcy Details. (the paragraph is amended to include the Federal Law of 28 July 2012). N 144-FZ)10-2. The sentence referred to in paragraph 10-1 should contain: 1) the name, location of the debtor's credit institution and other details; 2) the name defined in accordance with this article Property proposed for transfer to creditors and other particulars of such property; 3) the manner in which creditors are made aware of the property; 4) the details of the insolvency representative, including Name (surname, name, patronymic) and address of the insolvency representative for transmission correspondence; 5) the period of submission by creditors of the credit institution of applications for the payment of their claims by providing a foot that may not be less than thirty days from the date of dispatch to the credit institution's creditors by granting the rest or from the day of incorporation of the proposal to settle the claims of creditors of the credit institution by granting the rest of the credit to the United Federal Republic of Russia. bankruptcy information registry. (Item supplemented by Federal Law of 28 July 2012. N 144-FZ)10-3. The property of the credit institution shall be transferred to the creditors who submitted their applications to the insolvency representative within the time limit set out in the insolvency representative's proposal. The creditor's application to settle its claim by providing the impregnable shall contain information on the property claimed by the creditor. A creditor that did not submit a bid for its claim by way of compensation within a specified period of time and (or) that did not indicate the property was deemed to have waived the claim Your demand by providing the soles of your feet. (The paragraph is added to the Federal Law of 28 July 2012). N 144-FZ)10-4. The property of the credit institution provided as compensation shall be distributed to the creditors who have submitted to the insolvency representative the consent to settle their claims by granting the foot, on a first-come, first-served basis, Article 50-36 of this Federal Act, proportional to the size of the payable claims of the creditors by granting the award of compensation. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 10-5. The bailout of creditors ' claims by entering into an agreement on the novation of the obligation, as well as by crediting the claims in the course of the insolvency proceeding, is not permitted under the bankruptcy of credit organizations. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 10-6. The claims of creditors not satisfied owing to the debtor's insufficiency are considered to have been settled. The claims of creditors not recognized by the insolvency representative are also considered to be extinguated unless the arbitral tribunal or the arbitral tribunal has been found to be unsubstantiated by the arbitral tribunal. (The paragraph is amended by the Federal Law of 28 July 2012). N 144-FZ) 11. The insolvency representative shall enter into the register of creditors 'claims for payment of the creditors' claims. 12. The details of each queue's creditors ' claims are sent to the Bank of Russia no later than five days from the end of the calculations with the creditors of the appropriate queue. 13. In respect of claims arising from financial contracts, the extent of which obligations are determined in the manner provided for in article 4-1 of the Federal Insolvency (Bankruptcy) Act, the provisions of this article apply only in part claims of creditors on a net liability. (The paragraph is amended by the Federal Law of 07.02.2011). N 8-FZ) N 121-FZ) Article 50-41. Liability of a third person for illegal receipt of the property of a credit institution 1. A creditor whose claims have not been fully satisfied due to the lack of assets of the credit institution has the right to claim against a third party, including another creditor who has been illicitly acquired by the credit institution. A creditor whose claims were not fully satisfied due to insufficient assets of the credit institution, are entitled to appeal to the court, the arbitral tribunal, the arbitral tribunal, and the claim for the extermination of illegally obtained property -The credit institution and the recovery of claims for the said property in the amount of claims remaining outstanding during the competitive process. The illegality of obtaining the property of a credit institution by a third person is determined by the court, the arbitral tribunal, the arbitral tribunal by invalidating the transaction in which the third person was transferred OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In the case of satisfaction of the court, the arbitral tribunal, the arbitral tribunal, the claim of which the creditor was not satisfied in full due to the lack of property of the credit institution, becomes the beneficiary in the case of the property, regardless of the grounds on which the third person's receipt of the assets of the credit institution was found to be unlawful. In the absence of such property, or upon application by a third person, the court, the arbitral tribunal, the arbitral tribunal may grant the claim of the creditor by collection of the relevant amount without seeking the recovery of the credit institution's property. The Realization (sale) of property that is recovered is made by selling it from public bidding in accordance with the procedure established by the procedural legislation of the Russian Federation. 3. The cases referred to in paragraph 1 of this article may be filed within 10 years from the day of the completion of the bankruptcy proceedings, regardless of the grounds on which the third person's receipt of the property of the credit institution is unlawful. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-42. Interim liquidation balance and liquidation balance 1. Following the compilation and closure of the register of creditor claims, the insolvency representative shall, within a period not later than six months from the date of commencement of the insolvency proceedings, draw up an interim liquidation balance, which shall contain information on the composition of the property the credit institution being dissolved, the list of creditors ' claims, as well as information on the payments made to creditors of the first stage. The period for the compilation of the register of creditors ' claims and the period for establishing the interim liquidation balance may be extended by the arbitral tribunal upon the application of the insolvency representative. 2. The interim liquidation balance and liquidation balance shall be prepared in accordance with the Bank of Russia regulations and submitted to the Bank of Russia for approval. The period of approval by the Bank of Russia of the interim liquidation balance and the liquidation balance may not exceed 30 days from the Bank of Russia's application of documents established by Bank of Russia regulations. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-43. The { \cs6\f1\cf6\lang1024 } CompetieControl { \cs6\f1\cf6\lang1024 } { \b } { \b After the completion of the accounts with the creditors, the reconciliation of the liquidation balance, and the termination of the bankruptcy proceedings in the case provided for in article 50, paragraph 1, subparagraph 2, of this Federal Act, The manager is obliged to submit to the arbitral tribunal a report on the results of the competitive process. 2. The report of the tender manager on the results of the competitive process is attached: 1) liquidation balance; 2) documents confirming the sale of the property of the credit institution and the grounds for write-off property; 3) a register of creditor claims, with an indication of the size of the payable claims of creditors. (Article added: Federal Law of 20.08.2004 N 121-FZ Article 50-44. Finalization of the competitive process 1. After examination by the arbitral tribunal of a report by the insolvency representative on the results of the insolvency proceedings, the arbitral tribunal shall determine the completion of the insolvency proceedings and, in the event of the payment of the claims of creditors, Article 50-37 of this Federal Law is the definition of the termination of bankruptcy proceedings, which are sent to the insolvency representative and the Bank of Russia. The definition of the completion of the insolvency proceedings and the determination of the termination of the bankruptcy proceedings are subject to immediate execution. In the case of a decision to terminate the bankruptcy proceedings, the decision of the arbitral tribunal to declare the credit institution bankrupt and the commencement of the insolvency proceedings is not subject to further execution. 2. The contest manager is obliged to submit to the Bank of Russia the definition of arbitration court and other documents in accordance with the Federal Act of August 8, 2001. No. 129-FZ "On State registration of legal entities and individual entrepreneurs" (hereinafter referred to as the Federal Act on State Registration of Legal Persons and Individual Entrepreneurs) and the Federal Act on Banks and Banking activities. ". 3. The incorporation into a single public register of legal entities of the State registration of a credit institution in connection with its liquidation is carried out in accordance with the procedure provided for by the Federal Law " On State Registration of Legal Persons and Individual entrepreneurs ", taking into account the peculiarities of the said registration, established by the Federal Law" On Banks and Banking Activities ". (Article padded-Federal law dated 20.08.2004 N 121-FZ) Article 50-45. Transfer to the parent (participants) credit the property that remains after settlement with its creditors, and its distribution to them 1. The founder (participant) of the credit institution, who is bankrupt, is entitled, in accordance with the procedure established by this Federal Law, to obtain the value or a portion of the property of the credit institution remaining after the settlement with its creditors -Remaining assets). The transfer and distribution of remaining property among the founders (participants) of the credit institution shall be made in the order of priority and in the manner prescribed by federal laws, taking into account the peculiarities of the present Federal law. 2. If the credit institution has the remaining assets, the insolvency representative of the Bank of Russia will send a notification to the founders (participants) of the credit institution of their right to receive the remaining balance of the credit institution. The remaining property or the right of its founders (participants) to receive the property remaining in the United Federal Register of Bankruptcy and the right of its founders (participants) to receive the property. 3. Statement of the founder (participant) of the credit institution of the intention to obtain the remaining property (hereinafter-the declaration of the founder (participant)) shall be sent to the insolvency representative within one month from the date of the notification of the right to be notified. Receiving the remaining property or including the declaration of bankruptcy in the Single Federal Register in accordance with paragraph 2 of this article. 4. Statement of the founder (participant) is sent in writing and includes: 1) information about the founder (participant) of the credit institution: (a) name, first name, patronymic, date of birth, details of documents certifying his or her identity, mailing address, bank account details (if any) to transfer money (to a physical person); b) name, location, bank account details for Money transfers (for legal entity); 2) An indication that the applicant is a founder (participant) of the credit institution and the will to receive the remaining property. 5. A copy of the documents duly certified and attested by the right to receive the remaining property shall be attached to the statement of the founder (participant). 6. The insolvency representative shall consider the application of the founder (participant) within a period no later than ten working days from the date of receipt of the application. Upon consideration of the application of the founder (participant), the insolvency representative shall send him a notification of the amount of the share in the remaining property to be paid to the founder (participant) of the credit institution. In the event that, as of the date of consideration of the application, the person concerned is not the founder (participant) of the credit institution, the insolvency representative shall notify the person concerned of the refusal of the transfer of the remaining property. The remaining property may be transferred to the founders (participants) who submitted the declaration in accordance with paragraph 3 of this article to the shared ownership. 7. Objections made by the credit institution's founder (participant) regarding the surrender of the remaining property may be filed with the arbitral tribunal not later than five working days from the date of receipt by the founder (s) of the credit The organization of the notification of the insolvency representative for the transfer of the remaining assets. The founder's (participant) of the credit institution is considered by the arbitral tribunal in accordance with the procedure established by article 60 of the Federal Law "On Insolvency (bankruptcy)". 8. In the event that it is not possible to transfer the remaining property pursuant to this article, the insolvency representative shall dispose of it (except the rights of the claim) in the manner prescribed by article 148 of the Federal Law on Insolvency (bankruptcy), in the light of the special circumstances set out in this article. If it is not possible to transfer the rights of the claim under this article, the remaining rights of the claim are written off by the insolvency representative from the balance of the credit institution. 9. In the event that the creditors of the credit institution were not satisfied with the full extent of the claim, the creditors refused to accept the remaining assets to settle their claims, which were offered for sale but were not sold during the auction and, subject to the absence of a declaration by the founders (participants) of the credit institution of the rights to the remaining property, the estate manager administers the remaining assets in accordance with the procedure established by article 148 of the Federal Law The insolvency (bankruptcy) law, taking into account the characteristics of the insolvency representative, this article. (The article is supplemented by the Federal Law of 28 July 2012). N 144-FZ) G l in a VII. The Credit Organization and the missing credit organization bankrupt With T I am 51. Confessions of a credit bankrupt 1. If the value of the property of the credit institution in respect of which the decision on liquidation is taken is insufficient to satisfy the creditors ' claims of the credit institution, such a credit institution shall be liquidated in the manner provided for in the present report. Federal law. (In the wording of Federal Law No. N 121-F) 2. In the event that the circumstances referred to in paragraph 1 of this article are discovered, the creditors of the credit institution and the Bank of Russia have the right to apply for recognition of the credit institution to be liquidated. 3. In the event that the circumstances referred to in paragraph 1 of this article are discovered, the liquidation commission (liquidator) of the liquidating credit institution is obliged, within 10 days, to apply to the arbitral tribunal A statement on the recognition of a bankrupt credit institution. (In the wording of Federal Law of 20.08.2004) N 121-F) 4. The arbitral tribunal shall decide on the recognition of the bankrupt credit institution by the declaration of the persons referred to in paragraphs 2 and 3 of this article no later than one month after the determination of acceptance by the arbitral tribunal. the statement. Article 51-1. Features of the competitive production in the credit organization for which was enforced 1. After the award has been made by the arbitral tribunal for the bankruptcy of the bankrupt credit institution and the commencement of the insolvency proceedings, the proceedings for the compulsory liquidation of the credit institution are to be discontinued and the case file The forced liquidation of the credit institution is subject to the bankruptcy of the credit institution. 2. The insolvency representative shall publish the information referred to in paragraphs 1 to 3, 6 and 7 of article 50, paragraph 2, of this Federal Law. The insolvency representative may not perform the duties set out in article 50 to 21 of this Federal Act if they were performed during the compulsory liquidation of the credit institution. 3. The creditors ' meeting or the creditor committee formed during the forced liquidation of the credit institution continues to exercise its powers. (The article is supplemented by the Federal Law of 28 July 2012. N 144-FZ Article 51-2. The size and satisfaction of creditor claims after the bankrupt credit institution was forced to liquidation 1. The creditors ' claims brought against the credit institution during its forced liquidation and included in the registry of creditors of the credit institution shall be deemed to be established in the size, composition and priority of the credit institution. which are defined by the liquidator in accordance with this Federal Law and are included in the register of creditor claims. 2. Within one month of the publication of the declaration of the bankruptcy of the bankrupt credit institution, the creditors are entitled to submit their claims to the liquidated credit institution in accordance with Article 50-28 of this Federal Law. of the law. 3. During the insolvency proceedings in the case of the bankruptcy of the credit institution for which the liquidation was carried out, the satisfaction of the requirements of the creditors of the first phase shall be in accordance with the procedure established by article 50 to 38 of the present The Federal Act, unless otherwise specified in this article. Pre-payment to creditors of the first stage shall be made only if the payments to the creditors are not made in the course of the liquidation of the credit institution. The Bank of Russia is determined in accordance with the requirements of the Federal Law of July 29, 2004 No. 96-FZ " On the payment of the Bank of Russia on deposits of individuals in recognized bankrupt banks. Insurance of deposits of individuals in the banks of the Russian Federation " less the amount of payments made during the compulsory liquidation of the credit institution. Pre-payments to creditors of the first queue start no later than thirty calendar days from the date of the first issue of the announcement of the recognition of the credit organization bankrupt and the commencement of the insolvency proceedings and not earlier than ten calendar days from the date of the publication of the order and the conditions for the initial payment to creditors of the first stage, and shall be carried out within three months from the date specified. (Article padded-Federal law dated 28.07.2012. N 144-FZ) Article 52. The bankruptcy of a missing credit institution 1. In cases where the debtor's credit institution has actually terminated its activity, there is no or if it is not possible to establish its location and the place of residence of its managers, a declaration of acceptance of such a credit The organization may be filed by a competitive creditor, an authorized body, and also by the Bank of Russia, regardless of the size of the accounts payable. 2. The arbitral tribunal in the thirty-day period from the date of acceptance of the application for recognition of the absent credit institution shall rule on the recognition of the debtor's absent credit organization and the opening of the competition production. The Agency shall be approved by the insolvency representative of the debtor's missing credit organization. No remuneration is assigned to the Agency for the exercise of the powers of the insolvency representative of the debtor. 3. The insolvency representative shall notify in writing of the bankruptcy of the absent credit organization of all the creditors who are known to the credit institution, who may present their claim within thirty days from the date of receipt of the notice The requirements of the insolvency representative. 4. At the request of the insolvency representative, upon finding the property of a missing credit institution, the arbitral tribunal may decide to terminate the simplified bankruptcy proceedings and to proceed with the bankruptcy proceedings, under this Federal Act. 5. The satisfaction of the creditors ' claims of the debtor's absent credit institution shall be carried out in the order of priority provided for in article 50 to 36 of this Federal Law. However, court costs are not covered. 6. The decision of the arbitration court on the recognition of the bankrupt credit institution is sent to the Bank of Russia, as well as to the federal executive authority, which performs state registration of legal entities, which enters into a single entity. State register of legal entities that the credit institution is in the process of liquidation. (Article in the wording of Federal Law dated 20.08.2004. N 121-F) G l in a VIII. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ) C t I am 53. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ C t I am 54. (Spconsumed by Federal Law of 20.08.2004) N 121-FZ ) President of the Russian Federation B. Yeltsin Moscow, Kremlin 25 February 1999 N 40-FZ