On Amendments And Additions To The Federal Law On Insolvency (Bankruptcy) Of Credit Institutions "

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О несостоятельности (банкротстве) кредитных организаций"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102072375

Ineffective Federal Act of 20 August 2004 N 121-FZ of the RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law on Insolvency (bankruptcy) of credit institutions "adopted by the State Duma on July 4, 2001 year approved by the Federation Council July 20, 2001 year Article 1. To amend the Federal law from February 25, 1999 N 40-FZ "on Insolvency (bankruptcy) of credit institutions" (collection of laws of the Russian Federation, 1999, N 9, p. 1097; 2001, no. 26, p. 2590) the following amendments and supplements: 1. In article 47: the word "trustee" should be replaced by "1. Bankruptcy trustee ";
supplement paragraphs 2 and 3 as follows: "2. the liquidator within 70 days from the date of publication of information on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings, under article 100 of the Federal law on Insolvency (bankruptcy)" and this article directs for the publication in the Gazette of the Supreme Arbitration Court of the Russian Federation "," the Bulletin of the Bank of Russia "as well as the periodic publication of the domicile of the credit organization recognized as bankrupt, at the expense of its own ad on the implementation of the credit organization preliminary creditors first queue and specify the terms and conditions under which these payments.
3. in the event that information on considering a debtor bankrupt and on the opening of bankruptcy proceedings published in referred to in paragraph 2 of this article, official publications at different times, the term of presentation of the claims of creditors shall be calculated from the date of first publication of this information.
2. Supplement article 47-2 as follows: "article 47-2. Peculiarities of preliminary creditors first stage 1. Trustee shall maintain a register of creditors for the purposes of the implementation of the first stage of the credit organization preliminary creditors of the first stage, which includes information about each lender first queue and the size of its cash requirements. The term of preparation of the roster is two months from the date of publication of information on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings.
2. Advance payments to creditors of the first line begins no later than the third working day of the date of publication, the first announcements concerning the procedure and the conditions for payments to creditors of the first stage and should be made within three months from the specified date.
3. For the implementation of the credit organization preliminary creditors first queue is sent 70 percent of money resources on the correspondent account of the credit organization recognized as bankrupt, used during the bankruptcy proceedings, on the day of closing of the register of creditors for the purposes of the implementation of the first stage of the credit organization preliminary payments. With insufficient funds to meet the claims of creditors of the first stage in full funds are allocated in proportion to the amounts of claims to be.
4. the amount of the claims of creditors of the first stage is subject to a reduction in the amount paid to them during the implementation of the credit organization preliminary payments, and reflected in the registry of the claims of creditors of the credit institution, recognized as bankrupt. Report of the bankruptcy trustee of prior creditors first registry application queue of creditors for the purposes of the implementation of the first stage of preliminary payments shall be submitted to the credit institution, recognized by the bankrupt, to the Bank of Russia, the Arbitration Court and the creditor committee.
5. Claims of creditors of the first line in excess of the size carried out preliminary payments as well as the demands made after the closure of the register of creditors for the purposes of the implementation of the first stage of provisional payments are satisfied in the manner prescribed by article 49 of the present Federal law. This provides a proportional satisfaction of all creditors of the first stage. ".
3. paragraph 3 of article 48 shall read as follows: "3. the Following roster of creditors trustee not later than six months from the date of the opening of bankruptcy proceedings is the intermediate liquidation balance sheet, that contains information about the composition of the assets of the credit institution being liquidated, the list of charges against creditors, the results of the review of these claims, as well as information about undertaken provisional payments to creditors of the first stage. The term roster of creditors ' claims and the term of preparation of interim liquidation balance may be extended by the Arbitration Court, upon application by the bankruptcy trustee.
The intermediate liquidation balance sheet and the liquidation balance sheet shall be drawn up and submitted to the Bank of Russia in compliance with the normative acts of the Bank of Russia ".
Article 2. This federal law shall enter into force on the day of its official publication.
The effect of this federal law shall not apply to credit institutions in respect of which, at the time of its entry into force, published information about recognition of credit institution bankrupt and on the opening of bankruptcy proceedings under article 47 of the Federal law on Insolvency (bankruptcy) of credit institutions ".
The President of the Russian Federation v. Putin Kremlin, Moscow, N August 7, 2001 116-FZ