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

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

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RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Federal Law "On Leasing" Adopted by the State Duma on 26 December 2001 Approved On 16 January 2002, the Federation Council of the Russian Federation . N 90-FZ; dated 04.11.2014. N 344-FZ) Article 1. Federal Law No. 164-FZ of October 29, 1998 "On Leasing" (Assembly of Laws of the Russian Federation, 1998, N 44, Art. The following changes and additions: 1. The title should read: "About financial lease (leasing)". 2. In the first preambular paragraph, replace "leasing operations" with "financial leases (leasing)". 3. Article 2 should read as follows: " Article 2. Basic concepts used in this Federal Law In this Federal Act, the following basic concepts are used: Leasing- the sum of the economic and legal relations arising from the implementation of the leasing contract, including the acquisition of leasing; lease contract, under which the lessor (hereinafter-the lessor) Undertakes to acquire the property as specified by the lessee (hereinafter referred to as "the" (a) Property of the person who has been designated by the seller and to provide the lessee with the property for the temporary possession and use of the property. The leasing contract may provide that the selection of the seller and the acquired property shall be effected by the lessor; leasing activity is the type of investment in the acquisition and transfer of property in leasing. ". 4. In article 4: in paragraph 1: in the second paragraph of the words ", with the borrowed or own funds", replace by "with the borrowed and (or) own funds", the word "lease" is replaced by the words "of the contract". Leasing "; , in the fourth word" (supplier) ", delete, the words" produced (or procured) "delete, add the following sentence:" The seller can simultaneously serve as a transferee within one of a leasing relationship. "; in paragraph 2 of the word" resident " OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. In article 5: , paragraph 1, after the words "in accordance with", add the words "with the legislation of the Russian Federation and", the words " which have been granted, in accordance with the procedure established by law of the Russian Federation, a permit (licence) for implementation leasing activities "delete; in paragraph 2 of the word", including citizens registered as individual entrepreneurs ", delete; , in paragraph 3, replace" commercial activities in "with" leasing ". activities in the Territory ", the words" in the legal framework " The Russian Federation should "delete; , in paragraph 4, the word" money "should be deleted, the words" legal persons "should be replaced by the words" legal and (or) natural persons ". 6. Article 6 shall be deleted. 7. In article 7: , amend the name to read: " Article 7. Leasing forms "; in paragraph 1: the first paragraph to read: " 1. The main forms of leasing are internal leasing and international leasing. "; , in the second paragraph," lessor, lessee and seller (supplier) ", replace" lessee and lessee ", second sentence delete; paragraphs 4 and 5, delete; paragraphs 2 and 3, delete; paragraph 4 should be read as paragraph 2 and read as follows: " 2. The leasing contract may include conditions for the provision of additional services and additional work. Additional services (works)-services (works) of any kind provided by the lessor both before the start of the use and in the process of use of leasing by the lessee and directly related to the implementation of leasing contract. The list, volume, and cost of additional services (works) are defined by the agreement of the parties. ". 8. In article 8: paragraph 1, amend to read: " 1. Subering is the type of lease of the lease, in which the leasing contract transferee on lease contract transfers to third parties (the lease recipients under the lease contract) in possession and use of the lease and for the period of time in accordance with the terms of the shortening contract The property obtained earlier from the lessor under the leasing contract, which is the subject of leasing. When the property is transferred to twinning, the requirement for the seller passes to the lessee under the shortcoming. "; paragraphs 2, 3 and 5, shall be deleted; paragraph 4 should be considered as paragraph 2. 9. Article 9 should be deleted. 10. In article 10: , paragraph 1, amend to read: " 1. The rights and obligations of the parties to the lease contract are governed by the civil legislation of the Russian Federation, the present Federal Law and the leasing contract. "; , paragraphs 2, 3, 5, 6 and 7, shall be deleted; , paragraph 4 In the words "financial leasing and mixed leasing", replace the word "leasing" with the word "(supplier)" in the appropriate puerta delete, the words "duration of delivery" should be replaced by the words "the time of performance of the obligation to transfer the goods", after the word "established" to be supplemented by the words "the legislation of the Russian Federation and". 11. In article 11: , amend the name to read: " Article 11. Ownership of leasing "; , in paragraph 1, replace the word" use "by" use "; , in paragraph 3, replace the words" by this Federal Act "with the words" the law of the Russian Federation ". 12. Article 12 should be deleted. 13. Article 13 should read as follows: " Article 13. Ensuring the rights of the lessee 1. In the case of non-transfer of lease payments more than two times in a row upon the expiration of the lease payment period, their cancellation from the license-transferee's account shall be carried out in an indisputable manner by way of the lessee in The bank or other credit institution in which the account of the Leasing is opened is ordered to write off its cash account within the amount of the outstanding lease payments. The undisputed write-off of cash does not deprive the lessee of the right of recourse to the courts. 2. Lizingoer is entitled to demand early termination of the lease agreement and return to a reasonable period of time by the recipient of the property in the cases stipulated by the legislation of the Russian Federation, the present Federal Law and the leasing contract. In this case, all costs associated with the return of the property, including the cost of dismantling, insurance and transportation, are borne by the lessee. ". 14. Article 14 should be deleted. 15. In article 15: paragraph 2, delete; paragraph 3 read paragraph 2 and in it: the first paragraph should read: " 2. In order to fulfill their obligations under the leasing contract, the licensees make binding and related contracts. "; , in the third word, delete; paragraph 4 should be read as paragraph 3 editions: " 3. The leasing contract must specify the data that would permit the definitive installation of the property to be transferred to the lessee as the subject of leasing. In the absence of this data in the lease contract, the condition of the subject to be transferred to the leasing shall be considered as not agreed upon by the parties, and the lease contract shall not be considered a prisoner. "; paragraph 5 shall be read as paragraph 4 and in paragraph 2 of the word" In case of financial or mixed leasing ", the word" (supplier) "and the words" or transfer previously acquired property " should be deleted; paragraph 6 should be read as paragraph 5 and paragraph 3 should read as follows: " to pay the lessee for the lease payments in the order and in the time frame provided for in the lease payments a leasing contract; "; paragraph 7 is considered to be paragraph 6 and the words" necessarily should "be replaced by the word" may ", the words" property settlement, as well as the procedure for the removal (of) "to be replaced by the word" exemption "; paragraph 8 Be considered as paragraph 7. 16. Article 16 should be deleted. 17. In article 17: , in the name of the word "use", replace the word "use"; paragraphs 3 and 4, delete; paragraph 5 should be read as paragraph 3 and read as follows: " 3. Lizingotransferee, at its own expense, carries out maintenance of the subject of leasing and ensures its preservation, and also carries out the capital and routine repair of leasing, unless otherwise stipulated by the leasing contract. "; 6-10 read paragraphs 4 to 8; paragraph 11 should read paragraph 9 as follows: " 9. In the case of the lessee without the consent in writing, the lessee has made, at the expense of its own means, the improvement of the leasing subject, which is inseparable without prejudice to the subject of leasing, and unless otherwise provided by federal law, Leasing is not a right after the termination of the leasing contract for the cost of these improvements. ". 18. In article 18: , amend the title to read: " Article 18. Assignment of rights under contract of leasing to third parties and deposit of the subject of leasing "; in paragraph 1 of the word" or its interests arising from this contract " should be deleted; , paragraphs 2, 4 and 5, should be deleted; In paragraph 2, replace the words "leasing transaction" with the words "leasing contract"; add the following to paragraph 3: " 3. The holder is obliged to warn the lessee of all the rights of third persons to be leased. ". 19. Article 19 should read as follows: " Article 19. Change of ownership to leasing 1. The leasing contract may stipulate that the leasing shall be transferred to the property of the lessee upon the expiry of the lease or its expiry under the terms stipulated by the agreement of the parties. 2. The federal law may prohibit the transfer of ownership of leasing to the lessee. "........................................ In article 20: , amend the title to read: " Article 20. The order of registration of the property (subject matter of the contract leasing) and rights to it "; paragraph 1 should read: " 1. In the cases provided for by the legislation of the Russian Federation, the right to property, which is transferred to leasing, and (or) the lease contract of which the property is a subject, shall be subject to State registration. Special requirements of the legislation of the Russian Federation to the owner of the recorded property (aircraft, sea and other vessels, other property). shall be distributed to the lessor or lessee by mutual agreement. ". 21. In article 21: , in the name of the word "risk", replace the words "enterprise (financial) risks"; , in paragraph 1, the word "(supplier)" should be deleted, with the addition of the following sentence: " Parties serving as the insured and beneficiary, as well as the period of insurance of the leasing subject is determined by the leasing contract. "; paragraph 3, should be deleted; paragraph 4, read as paragraph 3; add paragraph 4 as follows: " 4. Lizingotransferee has the right to insure the risk of liability for violation of leasing contract in favor of the lessor. ". 22. In article 22: , amend the title to read: " Article 22. Risk sharing between the parties to the contract lease "; in paragraph 2, the words" the failure of the seller (supplier) "should be replaced with" the seller's failure to meet the seller's obligations under the contract for the sale of leasing and related to this loss ", the word" (supplier) "should be deleted; paragraph 3, after the words" this subject under the leasing contract ", should be supplemented with the words" and related losses ". 23. In article 23: Amend the title to read: " Article 23. Recourse to the recovery of third parties for the purpose of leasing "; paragraph 1, shall be deleted; paragraphs 2 and 3 shall be considered as paragraphs 1 and 2 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: , amend the title to read: " Article 28. Leasing payments "; paragraph 1 restated as follows: " 1. Leasing payments refer to the total amount of the lease payments for the entire duration of the lease contract, which includes the cost recovery of the lessor associated with the acquisition and transfer of the leasing of the lessee, and compensation Costs of other services provided by the contract and the income of the lessor. The total leasing contract may include the purchase price of the leasing subject, if the leasing contract provides for the transfer of ownership of leasing to the lessee. "; paragraph 2, add the following paragraph: "Unless otherwise stipulated by the lease contract, the amount of the lease payments may be modified by agreement of the parties within the time stipulated by the treaty, but not more than once every three months."; Paragraphs 3 and 5, should be deleted; paragraph 4 should be read as paragraph 3; paragraph 6 read as paragraph 4 and state it in the following edition: " 4. For the purpose of taxation of profits, the lease payments are related in accordance with the law on taxes and fees to expenses related to production and (or) implementation. ". 28. Articles 29 and 30 should be deleted. 29. (Spconsumed by Federal Law of 04.11.2014) N 344-FZ) 30. Articles 32 and 33 should be deleted. 31. (Paragraph 31 has been superseded by the Federal Act of 18 July 2005 g. N 90-FZ) 32. In Article 36: , in the name of the word "leasing organizations (companies, firms)", replace "leasing activities"; paragraphs 5 and 12; and , in the eleventh paragraph of "Leasing" Transactions "shall be replaced by the words" leasing activities ". 33. Article 38, paragraph 4, shall be deleted. Article 2. This Federal Law shall enter into force on the date of its official publication. Article 3. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts into conformity with this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 29 January 2002 N 10-FZ