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"

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Spagle Force-Federal Law of 20.08.2004 N 121-FZ RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" Adopted by the State Duma on 4 July 2001 Approved by the Federation Council on 20 July 2001 Article 1. To amend the Federal Law of 25 February 1999 on the insolvency (bankruptcy) of credit institutions (Legislative Assembly of the Russian Federation, 1999, 1097; 2001, No. 26, art. 2590) The following changes and additions: 1. In Article 47: Replace "1" with "Competiative". Tender control "; add to paragraphs 2 and 3 as follows: " 2. Contour manager within 70 days of publication of the information about the recognition of the credit institution bankrupt and the commencement of the insolvency proceedings under article 100 of the Federal Law "On Insolvency (Bankruptcy)" and the present The article provides for publication in the "Bulletin of the Supreme Arbitration Court of the Russian Federation", "Bulletin of the Bank of Russia", as well as in a periodical printed publication at the place of the credit institution recognized bankrupt by its funds. announcement of the credit institution's pre-payment -first-turn creditors, specifying the terms and conditions of these payments. 3. In the event that the knowledge of the debtor's recognition and the commencement of the insolvency proceedings is published in the official publications referred to in paragraph 2 of this article at different times, the period of presentation of the creditors ' claims shall be calculated from the date of the first publishing this information. ". 2. Add Article 47-2 as follows: " Article 47-2. Features of the preliminary first-queue creditors 1. The insolvency representative shall maintain a register of first-queue creditors ' claims for the purpose of the first stage of the credit institution, which shall specify the particulars of each creditor of the first queue and the size of the first queue claims for monetary obligations. The deadline for the establishment of the register is two months from the date of publication of the credit institution's recognition of the bankrupt and the commencement of the insolvency proceedings. 2. Pre-payment to creditors of the first stage shall begin no later than the third working day after the date of the first announcement of the procedure and the conditions for payment to creditors of the first stage and shall be carried out within three months of that date. 3. For the first time, the credit institution will receive 70 per cent of the funds on the correspondence account of the credit institution, which is declared bankrupt in the course of the competition The Conference of the States Members of the United Nations that are members of the Group of States. If funds are insufficient to meet the creditors ' claims, the full amount is allocated in proportion to the requirements to be met. 4. The amount of claims made by creditors of the first phase shall be reduced by the amount paid to them in the course of the prepayment by the credit institution, and shall be recorded in the register of claims of creditors of the credit institution declared bankrupt. The proceedings of the insolvency representative of the first application of the register of creditors of the first queue with the application of the register of creditors for the purpose of the initial payment shall be submitted by the credit institution recognized by the insolvency representative. Bankrupt, the Bank of Russia, the Arbitration Court and the creditor committee. 5. Claims by creditors of the first queue in excess of the amount of the pre-payment made, as well as claims made following the closure of the register of creditors of the first queue for the purpose of the payment of the advance payments, shall be granted in accordance with the procedure laid down in article 49 of this Federal Law. This ensures proportional satisfaction of the requirements of all creditors in the first queue. ". 3. Paragraph 3 of article 48 should read as follows: " 3. Following the establishment 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 assets to be disposed of. a credit institution, a list of claims submitted by creditors, the results of the review of these claims, and information on the prior payments to creditors of the first queue. 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. Article 2. This Federal Law comes into force from the day of the Bank of Russia. Official publication. This Federal Act does not apply to credit organizations for which, at the time of its entry into force, the credit institution's recognition of the bankrupt and the opening of the competition is published "The insolvency (bankruptcy) of credit institutions". President of the Russian Federation Vladimir Putin Moscow, Kremlin 7 August 2001 N 116-FZ