On Amendments And Additions To The Federal Law "on Leasing"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О лизинге"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102074615

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law "on leasing" adopted by the State Duma December 26, 2001 year approved by the Federation Council January 16, 2002 onwards (as amended by the federal laws on Jul 18, 2005 N 90-FZ;
from 04.11.2014 N 344-FZ), Article 1. To amend the Federal law of October 29, 1998 N 164-FZ "on leasing" (collection of laws of the Russian Federation, 1998, no. 44, art. 5394) the following amendments and supplements: 1. the name should read as follows: "on financial lease (leasing).
2. In the first paragraph of the preamble, the words "leasing operations" were replaced by the words "financial rent (leasing) (hereinafter leasing).
3. Article 2 shall be amended as follows: "article 2. The basic concepts used in the present Federal law in this federal law uses the following concepts: lease-combination of economic and legal relations arising in connection with implementation of the leasing contract, including the acquisition of leased assets;
lease agreement-a contract under which a lessor (hereinafter the lessor) undertakes to purchase the property specified by the lessee (hereinafter the lessee) property defined by the seller and they give the property to the lessee a fee for temporary possession and use. The lease agreement may stipulate that the choice of the seller and the purchased property is carried out by the lessor;
Leasing-type of investment activities acquisition of property and transfer it to the leasing.
4. Article 4: paragraph 1: in the second paragraph, the words "at the expense of attracted or own funds" were replaced by the words "at the expense of attracted and (or) the own funds of", the words "lease deal" were replaced by the words "lease agreement";
in the fourth paragraph the word "(provider)" be deleted, the words "produced (purchased)" should be deleted, add the following sentence: "the seller can simultaneously act as lessee within the leasing relationship.";
in paragraph 2 the words "resident of the Russian Federation, a non-resident" should be replaced by the words "resident or non-resident of the Russian Federation", the words "as well as the subject of the business activities involving a foreign investor, carrying out their activity in accordance with the legislation of the Russian Federation", should be deleted.
5. In article 5, paragraph 1, after the words "under" add the words "with the legislation of the Russian Federation and", the words "and in accordance with the procedure established by the legislation of the Russian Federation order permits (licenses) to carry out leasing activity" should be deleted;
in paragraph 2, the words ", including citizens registered as individual entrepreneurs" should be deleted;
in paragraph 3 the words "commercial activities" were replaced by the words "leasing activity in the territory", the words "in accordance with the legislation of the Russian Federation" should be deleted;
in paragraph 4 the word "money" should be deleted, the words "legal persons" should be replaced by the words "legal and (or) physical persons".
6. Article 6 is deleted.
7. Article 7: name shall be reworded as follows: "article 7. Form of lease ";
paragraph 1: the first paragraph shall be reworded as follows: "1. The main forms of leasing are domestic and international leasing leasing.";
in the second paragraph, the words "the lessor, lessee and seller (supplier)" were replaced by the words "lessor and lessee", second sentence deleted;
fourth and fifth paragraphs should be deleted;
paragraphs 2 and 3 should be deleted;
paragraph 4 as subclause 2 to read as follows: "2. Lease Agreement may include conditions for the provision of additional services and additional work.
Additional services (work)-services (works) of any kind provided by lessor before use, and during the course of the subject of lease lessee and directly related to the implementation of the leasing contract.
List the amount and cost of additional services (works) shall be determined by agreement of the parties. "
8. In article 8, paragraph 1 shall be amended as follows: "1. Sublease sublease-views of the subject of leasing, where the lessee leasing treaty transfers to third parties (beneficiaries under the Treaty of subleasing) possession and use for a fee and in accordance with the terms of subleasing property obtained previously from the lessor the leasing Treaty and constituting the subject of leasing.
If handover sub-lease the right to claim against the seller shall pass to the lessee by subleasing contract. ";
paragraphs 2, 3 and 5 should be deleted;
paragraph 4 as subclause 2.
9. Article 9 is deleted.
10. In article 10, paragraph 1 shall be amended as follows: "1. the rights and obligations of the parties to the contract of lease are regulated by the civil legislation of the Russian Federation, this federal law and lease agreement.";
paragraphs 2, 3, 5, 6 and 7 should be deleted;
paragraph 4 as subclause 2 and the words "financial leasing and leasing" replaced by the word "lease", the word "supplier" in appropriate cases be deleted, the words "delivery time" were replaced by the words "terms of execution of duties to pass goods" after the word "set" add the words "and the legislation of the Russian Federation".
11. Article 11: the name should read as follows: "article 11. Ownership of the leased asset ";
in paragraph 1 the words "use" should be replaced by the word "enjoyment";
in paragraph 3, the words "this federal law" were replaced by the words "legislation of the Russian Federation".
12. Article 12 should be deleted.
13. Article 13 shall be amended as follows: "article 13. Ensuring the rights of the lessor 1. In the case of non-payment leasing more than two times in a row after the lease contract term payment from account cancellation of lessee is carried out in an uncontested procedure by sending the lessor to the Bank or other credit institution in which the account of the lessee, orders to charge his account of funds within the amounts overdue lease payments. Undisputed debiting does not deprive the lessee legal recourse.
2. The lessor shall be entitled to demand early termination of the lease agreement and return within a reasonable period of time by the lessee of property in cases stipulated by the legislation of the Russian Federation, this federal law and the contract of leasing.
In this case, all costs associated with the return of assets, including its dismantling, insurance and transportation, shall be borne by the lessee. ".
14. Article 14 should be deleted.
15. In article 15, paragraph 2 should be deleted;
paragraph 3 as subclause 2 and it: the first paragraph shall be reworded as follows: "2. in order to fulfil its obligations under the contract of leasing leasing entities enter into binding and related treaties.";
in the third paragraph, the word "money" should be deleted;
paragraph 4 as subclause 3 to read: "3. the lease contract must be shown to definitely establish the property subject to the transfer of the lessee as the subject of leasing. In the absence of these data, a lease contract condition about the subject, transferable lease, shall be deemed not to have been agreed by the parties, and the lease contract is concluded not. ";
item 5 as subclause 4 and the second paragraph, the words "in the case of financial or mixed", the word "leasing (vendor)" and the words "or pass the previously acquired property" should be deleted;
item 6 as subclause 5 and the third paragraph shall read as follows: "to pay to the lessor the leasing payments in the manner and within the period provided for the lease agreement";
item 7 as subclause 6 and the word "must" be replaced by "may", the words "property calculation, as well as the procedure of seizure (return)" should be replaced by the word "withdraw";
paragraph 8 as subclause 7.
16. Article 16 should be deleted.
17. Article 17: in the name of the word "use" should be replaced by the word "enjoyment";
paragraphs 3 and 4 shall be excluded;
item 5 as subclause 3 to read: "3. The lessee shall at its own expense carries out maintenance of leased assets and ensures its preservation, as well as capital and current repair of the object of lease, unless otherwise provided by the contract of lease.";
items 6-10 count respectively paragraphs 4-8;
paragraph 11 as subclause 9 to read as follows: "9. in the event that the lessee without the consent in writing of the lessor has made at the expense of own means of improving leasing object, inseparable without harm to the subject of leasing, and unless otherwise provided by federal law, the lessee has no right after the termination of the lease agreement for the reimbursement of the cost of these improvements.
18. Article 18: the name should read as follows: "article 18. Assignment of rights under a contract of lease to third parties and of the subject of leasing ";
in paragraph 1, the words "or interests arising from the Treaty" should be deleted;
paragraphs 2, 4 and 5 should be deleted;
paragraph 3 as subclause 2 and the words "leasing contract" should be replaced by the words "lease agreement";
supplemented by paragraph 3 to read as follows:

"3. The lessor is obliged to notify the lessee of all rights of third persons for the purpose of leasing.
19. Article 19 shall be amended as follows: "article 19. The transfer of ownership in the leased object 1. The lease agreement may stipulate that the leasing object becomes the property of the lessee upon expiry of the lease contract, or until it expires in accordance with the provisions of the agreement of the parties.
2. Federal cases may be established by law the prohibition of transfer of ownership of the leased asset to the lessee.
20. Article 20: the name should read as follows: "article 20. The order of registration of the property (subject of the leasing contract) and the rights to it ";
paragraph 1 shall be amended as follows: "1. In the cases provided for by the legislation of the Russian Federation, the right to property that is transferred on lease, and (or) the leasing contract, the subject of which is the property, are subject to state registration.
Special requirements for the legislation of the Russian Federation to the proprietor of the registered assets (aircraft, ships and other vessels, other property). apply to the lessor or lessee by mutual agreement. "
21. Article 21: in the name of word "risks" were replaced by the words "business (financial) risks";
in paragraph 1 the word "(provider)" should be deleted, add the following sentence: "the parties, as the insured and the beneficiary, as well as the period of insurance of leasing object is determined by the lease agreement.";
paragraph 3 should be deleted;
paragraph 4 as subclause 3;
supplement paragraph 4 to read as follows: "4. The lessee shall be entitled to insure the risk of its liability for breach of a lease contract in favour of the lessor.
22. In article 22: the name should read as follows: "article 22. Risk allocation between the parties of the leasing contract ";
in paragraph 2 the words "insolvency of the seller (vendor)" were replaced by the words "the failure by the seller obligations under the agreement of purchase and sale of the subject of leasing and related losses", the word "(vendor)" should be deleted;
paragraph 3 after the words "the subject of leasing contract" add the words "and related losses".
23. Article 23: the name should read as follows: "article 23. Foreclosure of third persons for the purpose of leasing;
paragraph 1 should be deleted;
paragraphs 2 and 3 take 2, paragraphs 1 and, respectively.
24. articles 24 and 25 should be deleted.
25. In article 26, the word "financial" should be deleted.
26. Article 27 should be deleted.
27. In article 28: name shall be reworded as follows: "article 28. Lease payments ";
paragraph 1 shall be amended as follows: "1. leasing payments refers to the total amount of payments for the lease contract for the whole duration of the leasing contract, which includes reimbursement of expenses of lessor, relating to the acquisition and transfer of the subject of leasing to the lessee, reimbursement of expenses related to the provision of other services in the leasing agreement, as well as income from the lessor. The total amount of the lease contract may include a redemption price of the object of lease if the lease agreement provides for the transition of ownership of the leased asset to the lessee. ";
point 2 complement the paragraph as follows: "unless otherwise provided by the contract of lease, the size of the lease payments can be changed by agreement of the parties within the time limits specified in this agreement, but no more often than once every three months.";
paragraphs 3 and 5 should be deleted;
paragraph 4 as subclause 3;
item 6 as subclause 4 to read as follows: "4. For the purposes of taxation of the leasing payments are in accordance with the legislation on taxes and fees to the costs associated with the production and (or) implementation."
28. articles 29 and 30 should be deleted.
29. (repealed-federal law 04.11.2014 N 344-FZ) 30. Articles 32 and 33 should be deleted.
31. (para 31, federal law expired on Jul 18, 2005 N 90-FZ).

32. Article 36: in the name of the words "the activities of leasing companies (companies, firms)" were replaced by the words "of the leasing activity;
the fifth and twelfth paragraphs should be deleted;
in paragraph 11, the words "lease transactions" were replaced by the words "leasing activity".
33. Article 38, paragraph 4, should be deleted.
Article 2. This federal law shall enter into force on the day of its official publication.
Article 3. The President of the Russian Federation and the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation v. Putin Kremlin, Moscow, N 10 January 29, 2002-FZ