Of Mortgage Backed Securities

Original Language Title: Об ипотечных ценных бумагах

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RUSSIAN FEDERATION FEDERAL LAW On Mortgage Securities Adopted by the State Duma on October 14, 2003 Approved by the Federation Council on October 29, 2003 class="ed">(In the version of federal laws dated 29.12.2004) N 193-FZ; dated 27.07.2006 N 141-FZ; of 09.03.2010 N 22-FZ; of 21.11.2011 N 327-FZ; dated 30.11.2011. N 362-FZ; of 25.06.2012 N 83-FZ; of 29.12.2012 N 281-FZ; dated 23.07.2013 N 251-FZ; of 21 December 2013 N 379-FZ; 29.06.2015 N 210-FZ; of 30.12.2015 g. N 461-FZ Chapter 1. GENERAL PROVISIONS Article 1. The sphere of regulation This Federal Law governs the relations that arise in issuing, issuing, issuing and circulation of mortgage-backed securities, excluding mortgages, as well as in the performance of obligations on the specified mortgage Security. Article 2. Basic concepts For the purposes of this Federal Law, the following basic concepts are used: mortgage securities-Mortgage and Mortgage Bonds; mortgage bond-bonds whose performance is secured by whole or part by mortgage bond; (In the wording of Federal Law dated 27.07.2006 N 141-FZ) mortgage certificate of participation-nominal securities that establish the share of its owner in the right of common ownership of the mortgage, the right to require the person who gave it to the appropriate trustee Mortgage Coatings, the right to receive moneys received in compliance with the obligations for which the mortgage is made, as well as other rights provided for by this Federal Law; specialized commercial organization that corresponds to established by article 8 of this Federal Law, the exclusive object of which is the acquisition of the rights of a claim on loans (loans), secured mortgage, and/or mortgages, and which is consistent with the present The federal law has the right to issue bonds with a mortgage; mortgage bond, which includes a mortgage bond with a subprime mortgage Only the rights of the requirement secured by the mortgage of the living quarters. (The paragraph is supplemented by the Federal Law of December 29, 2004). N 193-FZ) Article 3. Mortgage coating 1. Mortgage coatings can be only secured mortgages claims for the principal amount of the and/or interest on loan contracts and loan agreements, including certified mortgages, and (or) Mortgage certificates for the participation of their owners in the right of common ownership of other mortgage, money in the currency of the Russian Federation or foreign currency, as well as government securities and real estate in the cases provided for in article 13, paragraph 1, of this Federal Act. In the wording of the Federal Law of July 27, 2006, N 141-FZ) 2. The secured mortgage requirements may only be part of the mortgage if they meet the following conditions: principal amount of debt on secured mortgage obligation for each contract or mortgage should not exceed eighty per cent as determined by the independent valuer of the market value (monetary valuation) of the immovable property which is the subject of the mortgage; (In the wording of Federal Law from 09.03.2010. N 22-FZ) The mortgage contract that provides the relevant requirements should not provide for the possibility of replacement or alienation by the mortgagee of the mortgage-backed mortgaged property without consent the mortgagee; immovable property placed in the enforcement of the obligation must be insured against the risk of loss or damage to the secured creditor over the secured mortgage the duration of the obligation. At the same time, the insurance amount should be no less than the amount (amount) of the secured mortgage request to repay the principal debt; (In the wording of Federal Law dated 27.07.2006. N 141-FZ) (Unused-Federal Law of 27.07.2006 N141-FZ) The loan contract should only be the money. 3. At the time of the placement or issuance of mortgage-backed securities, mortgage coatings are not able to form secured mortgages and the provision of other obligations. Mortgage bonds, with the exception of housing bonds with a mortgage, may include claims secured by a mortgage bond that has not been completed. Requirements for a subsequent mortgage can be subprime only if the principal amount of the debt on the pre-mortgage obligation and the principal amount of the debt An obligation secured by a subsequent mortgage does not exceed seventy per cent of the market value (monetary valuation) of the real estate, which is the subject of the mortgage. The percentage of claims secured by a mortgage not completed should not exceed ten per cent of the mortgage size. (Part of the Federal Law dated 29.12.2012 N 281-FZ 4. The size of the mortgage is determined by summing up the amount of claims, the amount of money and the value (monetary value) of other properties that make up the mortgage. The size of the mortgage should be determined in the order established by the Central Bank of the Russian Federation (hereinafter referred to as the Bank of Russia). (In the wording of Federal Law dated 23.07.2013. N 251-FZ) In determining the amount of the mortgage, there should be no requirement for a liability for which: the default is more than six months; lost the item Mortgages, including due to the court's decision to invalidate or cease on other grounds of the right to a real estate (mortgage); entered into force a court decision on recognition Obligations not valid or terminated on other grounds; debtor is declared insolvent (bankrupt) in the manner provided by the Russian Federation's insolvency law (bankruptcy); is missing for more than Six months in insurance for real estate in the performance of the obligation, against the risk of loss or damage. (The paragraph is supplemented by the Federal Law of July 27, 2006). N 141-FZ) 5. The same property, including requirements for the same obligations, may be part of only one mortgage. Mortgage certificates of participation may not be part of the mortgage, the share in the right of the common property to which they certify. 6. The secured mortgage requirement, which is part of the mortgage, must be confirmed: statement from the Single State Register of Rights to Immovable Property and Transactions with it; A mortgage on which a special registration label was made, certifying the conduct of state registration under the laws of the Russian Federation on State registration of real property rights and transactions, or his certified copy; or a loan contract on the basis of which a secured mortgage arose or a notarized copy of the contract; (Spaced by Federal Law dated 29.12.2004 N 193-FZ) A document that expresses the content of the transaction in which the rights of the creditor and the mortgagee were transferred to the secured mortgage and where the special registration label was committed, OF THE PRESIDENT OF THE RUSSIAN FEDERATION A notarized copy. In the case where a mortgage is made and issued, a mortgage is sufficient to prove the secured mortgage requirement on the mortgage. (The paragraph is supplemented by the Federal Law of December 29, 2004). N193-FZ) Article 4. Deletion of claims and other property from themortgage coverage 1. Exclusion of secured mortgage claims from the mortgage is allowed for their replacement or sale, as well as for termination of the corresponding obligation. The replacement or sale of claims that make up a mortgage is permitted in the cases provided for by this Federal Law. 2. Exclusion from the mortgage property, other than cash, is allowed for the replacement or sale of property. 3. An exception to the composition of the mortgage settlement is allowed in connection with the performance of mortgage-backed securities, acquisition of secured mortgage claims or other property which, in accordance with this Federal Act, The law may be included in the mortgage as well as in other cases provided for by this Federal Law. 4. Exclusion of claims and other property from the mortgage is allowed provided that the requirements of the mortgage provided by this Federal Law are met. Law of 27.07.2006. N 141-FZ) Article 5. Mortgage registry 1. Claims and other property forming part of the mortgage shall be established by maintaining the mortgage register. 2. The details of the claims and other properties constituting the mortgage shall be entered in the mortgage register with each of them: the amount (s) of the claim (including the principal amount of debt and interest), or the value of the property; name and sufficient to identify the description of the property that makes up the mortgage, and (or) the property to which the mortgage is established to secure the performance of the obligation, The claim is for which a mortgage is made. Where such property is a dwelling, the accommodation of the dwelling (dwelling, apartment) shall not be included in the details of its location; (In the wording of Federal Law dated 27.07.2006. N 141-FZ) market value (monetary valuation) of the property to which the mortgage is established; the amount of the claim, or, if the amount is to be paid according to the instalments, the timing (s) of the respective payments and the size of each of them or the conditions to determine the timing and amount of the payment (repayment plan); the degree of performance of the obligation upon which the mortgage is required; other information, set by the Bank of Russia. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 3. Claims or other property are considered to be included in the mortgage when the mortgage is entered in the mortgage register. 4. The mortgage register should be maintained, inter alia, through the use of an electronic database. Article 6. Restriction of the use of concepts related to issue of mortgage securities No person, except those who have the right to issue mortgage securities under this Federal Law Engage money and other property using "mortgage bond", "mortgage certificates" and "mortgage", and is not entitled to use the words " sub-prime organization "or" mortgage agent " in any combination. Chapter 2: Emmission and Overview of FACILITATION with the COVERAGE { \field { \field } { \field { \field } } Article 7. Mortgage bond issuers 1. The mortgage bond mission can only be performed by mortgage agents and credit institutions. 2. The Bank of Russia sets up requirements for the credit institutions engaged in the issue of mortgage bonds to disclose their activities in addition to the requirements established by other federal laws. (...) (...) N 379-FZ) 3. The credit institution is not entitled to issue bonds with a mortgage if it does not comply with the requirements or mandatory standards set by the Bank of Russia in accordance with the Federal Law of July 10, 2002 N 86-FZ " O The Central Bank of the Russian Federation (the Central Bank of the Russian Federation) ", other federal laws or the provisions of this article. (Part of the addition is the Federal Law of 21 December 2013. N 379-FH) Article 8. Requirements for Mortgage Agents 1. The activity of a mortgage agent can only be a purchase of the requirements on loans (loans), secured mortgage, and (or) mortgages, as well as the issue of bond issues with a mortgage. (B Federal Law of 21 December 2013. N 379-FZ) Loan requirements (loans), secured mortgage, and (or) mortgages can be acquired by a mortgage agent under a sales contract, menu, cession (assignment of claim), other disposition of this Property, including those related to the payment of the authorized capital (shares) of the mortgage agent by the property, as well as the result of universal succession. The Mortgage Agent may have civil rights and civil obligations required to carry out these activities, including the administration of the acquired monetary claims and other property, Engage loans (loans) subject to the restrictions established by the mortgage agent's charter, to insure the risk of liability for default bonds of the mortgage agent and (or) the risk of loss due to default on the secured mortgage and purchases by the mortgage agent, to commit others Transactions aimed at increasing, maintaining the creditworthiness of the mortgage agent or reducing the risk of financial losses, to incur obligations to third parties related to the issuance and performance of obligations on bonds with mortgage (a) by the name of the agent. (...) (...) N 379-FZ) These activities can only be performed by a mortgage agent in the form of a joint-stock company or a limited liability company. The charter of the mortgage agent must define the object and purpose of its activity in accordance with this Federal Law. It is not permitted to amend the Charter of the Mortgage Agent for changes and/or to supplement or supplement the object or purpose of the object or purpose. (In the wording of the Federal Law of 21 December 2013, } N 379-FZ) The full name of the mortgage agent in Russian should contain the words "mortgage specialized organization" or "mortgage agent". The mortgage agent's charter should the maximum number of bond issues with the mortgage for which it is created. A change in the maximum number of bond issues with a mortgage for which a mortgage agent is created is not allowed. (The paragraph is supplemented by the Federal Law of December 29, 2004). N193-FZ) (In the wording of Federal Law of 29.12.2012) N 281-FZ 2. A sweating agent can't have a staff member. The authority of the sole executive organ of the mortgage agent must be transferred to a commercial organization. The accounting of the mortgage agent must be transferred to a specialized organization. The Commercial organization to which the sole authority of the mortgage agent is transferred cannot keep the accounting records of this mortgage agent. The specialized organization to which the mortgage agent is transferred cannot exercise the authority of the sole executive authority of this mortgage agent. 3. Mortgage agents are not entitled to enter into exchange contracts with individuals and to carry out business activities not covered by this Federal Law. Violation of this requirement is the basis for a request by the Bank of Russia to a court demanding the removal of the mortgage agent. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ ) Transactions committed with non-compliance on behalf of a mortgage agent by a commercial entity to which the sole authority of the mortgage agent is transferred, create, modify and terminate the civil rights and obligations of a commercial organization and do not entail any liability for a mortgage agent in respect of a commercial organization or for a third party. 4. A voluntary liquidation of a mortgage agent is permitted only after the mortgage of this mortgage agent has been repaid. (Part of the addition is the Federal Law of December 29, 2012. N 281-FZ 5. For mortgage agents, the rules referred to in paragraphs 4, 7 and 8 of article 15 -1, paragraphs 3, 5, 6, 7 and 10 of article 15 to 2 of the Federal Act of 22 April 1996 on the Securities Market shall apply. The rules laid down in article 90, paragraph 4, and article 99, paragraph 4, of the Civil Code of the Russian Federation, article 35, paragraphs 4 to 12, chapter IX are not applicable to mortgage agents. "Articles of the Federal Law" On joint-stock companies ", articles 23 and 24, articles 23 and 24, articles 45 and 46, paragraphs 3 and 4, 45 and 46 of the Federal Law of 8 February 1998, No. 14-FZ" ". (Part supplemented by Federal Law of 21 December 2013. The Law of the Republic of Kazakhstan dated June 30, 1999 No. 375-I. N 461-FZ) Article 9. { \b } { \b } { \b } { \b } { \b } { \b Mortgage bonds may be issued in one of the forms provided by the Federal Law of 22 April 1996 No. 39-FZ " On the Valuable Market Paper " (hereinafter referred to as the Federal Law on the Securities Market). 2. Under the documentary form of mortgage bonds, the mandatory proviso of the mortgage bond certificate is the order and the terms and conditions of the payment of the proceeds to the owners of the bonds with the mortgage, as well as about the order and both the conditions for the repayment of such bonds. Article 10. Interest on mortgage bonds 1. Mortgage bonds should establish the right of their owners to obtain a percentage, the amount of which is determined by the issue of the mortgage bond issue. (In the wording of Federal Law No. N193-FZ) 2. The payment of interest on mortgages should be paid at least once a year, except as provided in part 3 of this article. (In the wording of Federal Law dated 29.12.2012 N 281-FZ 3. In the case of bonds with a single mortgage cover of two or more releases, with respect to which a different order of performance is established, the maturity of interest on the bonds with the mortgage, the performance of obligations on which Not primarily implemented, it may exceed one year. (Part of the addition is the Federal Law of December 29, 2012. N 281-FZ) Article 11. Enforcement of obligations on mortgage bonds 1. Fulfillers of mortgage bond obligations are guaranteed by the mortgage on the basis of the rights to such bonds from their first owner. Mortgage bonds provide the owner with all the rights that arise from the mortgage bond. With the transfer of the rights to the mortgage bond to the new owner (the purchaser), all rights arising from the mortgage bond are transferred. The transfer of rights arising out of the mortgage bond without the transfer of rights to the mortgage bond is null and void. Each owner of a single-issue bond has the same issue as other bondholders with the same issue of the same issue of claim and other property as part of the mortgage, and in the case of Exemptions by ransoms of foreclosed property for state or municipal needs, its requisitioning or nationalization-also in respect of insurance indemnization, amounts due to a mortgagee or property granted in return. 2. Mortgage coverage may be embedded in the performance of bond obligations of two or more releases. The requirements of this Federal Mortgage Act, which provides for the performance of bonds of one issue, are applied to the mortgage, which provides for the performance of the bond obligations of two or more bonds issued in accordance with article 13, paragraph 2, of this Federal Act. (In the wording of Federal Law No. N 281-FZ)If bond issues are issued with a single mortgage covering two and more releases, their issuer are entitled to prioritize the performance of bonds with a mortgage of various issues. In this case, the performance of obligations with the corresponding period of performance on bonds with a mortgage on each queue is allowed only after the due performance of obligations with the maturity of the mortgage bond. the previous queue. (...) (...) N 379-FZ) Ranking of obligations on bonds with a mortgage for various issues is also applied in the event of receipt of a mortgage Bond coverage and early repayment of bonds, unless otherwise stipulated by the decision to issue bonds with the mortgage. (The paragraph is supplemented by the Federal Law of July 27, 2006). N 141-FZ ) N 193-FZ) Article 12. Mortgage bond mission 1. The mission of bonds with mortgage financing is carried out in accordance with the Federal Law "On the securities market", this Federal Law and the Bank of Russia regulations adopted in accordance with them. (In the wording of the Federal Law of 23.07.2013 N 251-FZ) 2. The conditions for the issue of bonds with a mortgage may contain a limitation of the total number of issues of such bonds, the performance of which is secured by this mortgage. Breach by the issuer of a mortgage on the specified restriction is a ground for refusing government registration of bond issues with this mortgage. 3. The issue of the issue of bonds with a mortgage should be determined the maturity (partial repayment) of the bonds and the value (the order of valuation) paid by each bond (partial repayment) (...) (...) (Part added is the Federal Law of July 27, 2006. N 141-FZ 3-1. The decision to issue housing bonds with a mortgage may consist of the first part containing the rights of the holders of the bonds and other general conditions for one or more issues of such bonds (hereinafter referred to as the programme) ), and the second part containing the specific conditions of a separate issue of the bonds. (Part of the addition is the Federal Law of 30.12.2015). N 461-FZ)3-2. The housing bond programme, in addition to the information provided for in article 17 of the Federal Securities Market Act, should also contain: a reference to mortgage bonds; Specify to limit or limit the total number of single mortgage bond issues that can be placed under the mortgage bond programme; Priority on housing bonds with one mortgage Coatings in the case where the mortgage bond programme provides for the issue of such bonds; details of the person providing additional collateral on housing bonds with mortgage (housing bonds with a specific queue) that can be placed under a mortgage programme with a mortgage, as well as details of the conditions of such collateral in the case of a mortgage provisioning. class="doclink "href=" ?docbody= &prevDoc= 102084099&backlink=1 & &nd=102385652" target="contents "title=" "> > 30.12.2015 N 461-FZ)3-3. The Bank of Russia sets additional requirements for the program of housing bonds with mortgage financing. (Part of the addition is the Federal Law of 30.12.2015). N 461-FZ) 4. The rules referred to in articles 27-3, 27-3-1, 27-5-6 of the Federal Law "On the Securities Market" do not apply to mortgage securities. (...) (...) N 379-FZ) (Article in the wording of Federal Law No. N 193-FZ) Article 13. The requirements for mortgage bond coverage 1. Mortgage coverage of bonds may amount to the property provided for by this Federal Law, as well as government securities and real estate. (Spconsumed by Federal Law of December 29, 2012) N 281-FZ ) Unforestable bonds can only be mortgage-backed by its acquisition (abandonment) by the issuer in accordance with the civil law of the Russian Federation or the improper performance of the secured mortgage obligation, if such acquisition does not conflict with the requirements established by federal law and within a period of not more than two years from the date of such purchase acquisitions. 2. Mortgage coverage of bonds, as well as the terms and conditions of obligations for which the mortgage is made, must ensure that the obligations on the mortgage bond are properly fulfilled. To ensure proper performance of mortgage bond liabilities, the amount of such bonds should be at least their total unliquidated obligation during the entire period of the bond. the nominal value. The decision to issue mortgage bonds may provide for the enforcement of obligations on such bonds at a higher level. In this case, the size of the mortgage on these bonds should be no less than the amount determined by the decision to issue the mortgage bond. In the case of single-mortgage bond issues, two or more releases, for which there are different priorities for performance of the obligations, the sufficiency of the mortgage for the performance of the bond obligations is defined separately for each queue. At the same time, the size of the mortgage is considered sufficient to ensure proper performance of the bond obligations if the mortgage is equal to the sum of the outstanding par value of the bonds of that queue, and The notional nominal value of the prior-queue bonds or the value of the bond is equal to or greater than the mortgage rate determined by the decision to issue the mortgage bond, or exceeds it in the case of a decision on the issue Mortgage bonds Obligations for such bonds in large amounts. (Part of the Federal Law of July 27, 2006) N 141-FZ 3. At the time of submission of documents for state registration of the issue of bonds with a mortgage, the amount (sum) of the secured mortgage claims for the repayment of the principal amount of debt that make up the mortgage of such bonds should not be less than their total nominal value. Mortgage coverage of the bonds issued by the credit institution may exceed the bond obligations by no more than 20 %. (Part of the Federal Law of July 27, 2006) N 141-FZ 4. Cash received in the performance of mortgage-backed securities, the requirements for which the mortgage bond is made, are to be included in the mortgage bond to meet the requirements of the mortgage The size of the mortgage covered by this Federal Law and Bank of Russia regulations, if the larger size is not provided for by a decision to issue such bonds. (Part supplemented-Federal Act of 27 July 2006. N 141-FZ) (In the wording of the Federal Law of 23.07.2013) N 251-FZ) 5. The decision to issue bonds with a mortgage may include the possibility of certain expenses of the issuer (remuneration of a specialized depositary, registrar maintaining a register of bearer bonds) Mortgage and other expenses) for the mortgage of such bonds. In this case, the issue of the issue of the mortgage bond should contain an exhaustive list of such costs and an indication of the limit on the amount of the funds to be used to cover the costs of the property, which is the property of the mortgage Bonds. Payment of these expenses is permitted only if the issuer of the mortgage claims is observed by the issuer of the mortgage requirements of the bonds established by this Federal Law. (Part added is the Federal Law of July 27, 2006. N 141-FZ 6. In the case of bonds with a single mortgage cover of two or more releases, for which different order of performance is established, the mortgage requirements set out in Part 2 of this Article may not apply to Mortgage bonds, which are the last to be fulfilled, if so provided by the decision to issue such bonds. (Part of the addition is the Federal Law of December 29, 2012. N 281-FZ) Article 14. Replacement of and/or other property, components of the mortgage bond (In the wording of Federal Law dated 27.07.2006. N 141-FZ 1. The replacement of the requirements of the mortgage bond may be effected: if any of the grounds for such claims arise under article 3, part 4, of the requirement Federal law; , if such requirements are not in conformity with the provisions of article 3, paragraph 4, paragraph 4, of this Federal Act, or the timing of payment of payments The obligation upon which the mortgage bond requirement is, for more than three months or more than three times within twelve months, even if each such delay is insignificant; in other cases provided for by the mortgage bond issue. (Part of the Federal Law of 30.12.2015) N 461-FZ) 2. The replacement of claims that make up the mortgage bond is allowed only after the state registration of a report or a notice to the Bank of Russia on the results of the issue of bonds with the mortgage, and in the case of bond issues with one mortgage coverage of two or more releases, for which a different order of fulfillment is established, only after the State registration of the report or the submission to the Bank of Russia of the notification of the issue of bonds with mortgage first of all. (...) (...) N 461-FZ) 3. The replacement of claims and (or) other items constituting the mortgage bond may be effected by the sale or other refinancing of the bond to third parties, with the mandatory inclusion in the mortgage bond of the bonds of the property, The result of this alienation. (Part added is the Federal Law of July 27, 2006. N 141-FZ) Article 15. Recourse to the mortgage on bond mortgage 1. In case of default or improper performance of bonds with a mortgage, the application of the claim and other property constituting the mortgage bond is carried out by court order. The application of the recovery of claims and other property that make up the mortgage bond, including their sale, is carried out in the manner provided for by the Federal Law dated July 16, 1998 N 102-FZ " On the mortgage (real estate mortgage) " to apply for foreclosure and its implementation, taking into account the features installed of this article. In the case of single mortgage bond issues, two and more releases are issued by the representative of the holders of the bond issue, the performance of the obligations on the bond. which is primarily concerned with bonds of other issues secured by such a mortgage. However, the decision of the General Meeting of the owners of other issues with the same mortgage is not required. (Paragraph is supplemented by the Federal Law of 21 December 2013. N 379-FZ 2. (Spconsumed by Federal Law of 21 December 2013) N 379-FZ) 3. In the case of bonds with a single mortgage covering two or more releases, for which there is a different order of performance of the obligations, the requirements of the owners of the bonds with the mortgage for each of the applications for the recovery of the Mortgage coverage of such bonds is to be met in the order of priority established by the decision to issue the bonds. (Part added is the Federal Law of July 27, 2006. N 141-FZ) Article 16. { \b } { \b } { \b } { \b } { \b } { \b } Mortgage bond holders are entitled to demand early repayment of such bonds if they are in violation of the mortgage requirements of article 13 of this Federal Act. The established procedures for the replacement of the property constituting the mortgage are broken down, and the conditions for the replacement of the liabilities on mortgage bonds and the (or) issuers are violated Such bonds carry out business activities or who do not make the deals that are allowed or otherwise authorized by the decision to issue bonds with a mortgage. The right to demand early repayment of bonds with a mortgage shall be terminated after the expiry of the time limits specified in paragraph 3 of this article. (In the wording of the federal laws of July 27, 2006). N 141-FZ; of 29.12.2012 N 281-FZ 2. The mortgage issuer must inform the owners of such bonds that they have the right to demand early repayment of their mortgage-backed bonds, their value and the manner in which they are paid, The termination of this right by disclosure or submission to the owners of such bonds of the relevant information in the order and in time stipulated by the Bank of Russia regulations. (In the wording of the federal laws of June 29, 2012, } N 281-FZ; dated 23.07.2013 N 251-FZ) 3. The length of time that the owner of a mortgage bond may be subject to early repayment of the bond is determined by a decision to issue them, but may not be less than 30 days from the date of disclosure or submission by the issuer Information on the emergence of the right to demand early repayment of the mortgage holders. At the same time, the right to demand early repayment of mortgage bonds arising from the violation of the established requirements for mortgage bond and (or) breach of the conditions that ensure the proper performance of obligations Under article 13 of this Federal Act, the mortgage bond is terminated from the date of disclosure or submission by the issuer of information on the elimination of the detected breaches. (Part supplemented-Federal Act of 27 July 2006. N 141-FZ) (Federal Law of 29.12.2012) N 281-FZ 4. In the case of a single mortgage bond issue for two or more releases that have different priorities for performance, the owners ' demands for early repayment of their respective bonds are subject to Satisking with the issuance of these priority bonds, in accordance with the established decision, unless otherwise stipulated in this decision. (Part of the addition is the Federal Law of December 29, 2012. n 281-FZ) Article 16-1. Implementing the mortgage bond coverage in the insolvency (bankruptcy) of the mortgage issuer coverage 1. In the event of a decision by the arbitral tribunal to recognize the issuer of the mortgage bond insolvent (bankrupt) and the commencement of the insolvency proceedings from the estate of the said organization, which constitutes the insolvency estate, excludes the property forming the mortgage on which the mortgage bond obligations are enforced. Claims by mortgage lenders are not included in the register of creditors ' claims of the issuing bonds. At the same time, the register of claims of mortgage lenders are prepared on the basis of the register of owners of bonds with a mortgage made in the manner provided for in part 5 of this article. Holders of mortgage-backed bonds have the right to claim their claims in the course of the insolvency proceedings only within the amount not received in the sale of the mortgage bond, in the order, as provided for in this article. 2. The mortgage bond implementation can be sold by selling the mortgage bond of the bonds with the buyer's obligation to fulfill all the conditions stipulated in the decision to issue bonds with the mortgage (hereinafter-the replacement of the issuer), or the sale of the property, which is a mortgage, with the distribution of the cash received between the owners of the mortgage bonds (hereinafter referred to as the sale of the mortgage). The replacement of the issuer of a mortgage bond is effected in the manner prescribed by the federal law. The sale of the mortgage is carried out in accordance with the procedure provided for in Article 16-2 of this Federal Law. 3. The manner in which the mortgage bond is implemented to meet the requirements of the owners of mortgage bonds is determined by the insolvency representative in accordance with this article. 4. Since the date of entry into force of the decision of the arbitral tribunal to recognize the issuer of a mortgage bond insolvent (bankrupt) and the opening of a competitive process, the replacement of the rights of the requirements that make up the mortgage is prohibited. 5. After the date of the entry into force of the decision of the arbitral tribunal to recognize the issuer of the mortgage bond insolvent (bankrupt) and the commencement of the insolvency proceedings, it is the duty of the registrar to send the decision to the registrar, a register of holders of nominal bond holders with a mortgage, and in the case of bearer bonds with a mandatory central storage custodian of the same depositary specified bonds, requirement to prepare a register of owners of bonds with mortgage Coating. The specified requirement determines the date on which the specified registry is written. Such a date cannot be set earlier than 30 days and later than 45 days after the date of the entry into force of the decision of the arbitral tribunal on the recognition of the issuer of the bonds with the mortgage of the insolvent (bankrupt) and the opening Competibidding process. In order to compile the register of owners of bonds with a mortgage, the nominal bond holder shall provide data on the persons for whom he owns bonds at the date of the specified registry. Registrar, maintaining a register of nominal bonds with mortgage bonds, and in the case of bearer bonds with the mandatory centralized storage of the depositary, The central storage of these bonds, no later than 10 days after the date of the mortgage bond register, is required to transmit the register to the insolvency representative. In the case of bearer-bearer bonds in a documentary form without mandatory central storage, the register of creditor holders ' claims is made by the insolvency representative at the date, established in accordance with this Part, on the basis of the requirements of the owners of the specified bonds that have issued the specified bonds. 6. Information on the date on which the register of mortgage lenders ' claims on mortgage bonds is to be published by the insolvency representative in the periodical press specified in the decision to issue such bonds, at the latest 20 days before the date of the inventory. If the decision to issue bonds with a mortgage does not contain a reference to specific periodics, this information shall be published in the publication provided for in the legislation of the Russian Federation Insolvency (bankruptcy). 7. The information to be published in connection with the mortgage bond coverage shall be published by the insolvency representative in the publications determined in accordance with Part 6 of this article. 8. Current liabilities relating to the sale of mortgage bonds, including the remuneration of the insolvency representative, are repaid out of the funds that make up the mortgage, in accordance with the procedure provided by the Federal Act No. 26 October 2002 N 127-FZ "On insolvency (bankruptcy)" to recover expenses related to liquidation of current obligations. (The article is supplemented by the Federal Law of June 29, 2004). N 193-FZ) Article 16-2. The sale of a mortgage in the case of insolvency (bankruptcy) of the organization- issuer of a mortgage 1. The insolvency representative is obliged to sell the property constituting the mortgage, and to make the calculation in accordance with this article no later than nine months after the date of entry into force of the decision of the arbitral tribunal to recognize the organization. Issuer of insolvent bonds (bankrupt) and commencement of insolvency proceedings. 2. The sale of the property constituting the mortgage is carried out in accordance with the procedure established by the Federal Act No. 127 of 26 October 2002 on insolvency (bankruptcy). 3. The amount of the mortgage and the proceeds from the sale of the mortgage after the payment of the current obligations in accordance with the procedure provided for in article 16-1 of this Federal Act is addressed to the satisfaction of the claims Owners of mortgage bonds included in the register of claims of creditors-the owners of bonds with a mortgage made in the manner provided for in article 16-1 of this Federal Law, and in the case of bonds with in the form of a documentary form without a requirement for mortgage Centralized storage-owners of the specified bonds that issued the specified bonds. If bonds with a mortgage were issued in order to meet the bonds of one mortgage for two or more releases, the requirements of the owners of such bonds are granted in order priority. The requirements of the owners of the mortgage on each queue are satisfied after full satisfaction of the requirements of the owners of the bonds with the mortgage of the previous queue. If in the case Bankruptcy of the debtor-the interests of the creditors-the owners of mortgage bonds-represents a representative of the owners of such bonds after the sale of the property, in accordance with the laws of the Russian Federation, subprime coatings, cash, to meet the requirement of the representative of the holders of the bonds, shall be credited to the special account of that representative for calculation with the mortgage lenders, in accordance with the bond issue. (Paragraph is supplemented by the Federal Law of 21 December 2013. N 379-FZ)In the case of bonds issued by two or more issues with a single mortgage, the requirements of the holders of each issue's bond holders are satisfied through the admission of the insolvency representative to the A special account of the representative of the bond holders of each issue of the money, which form the mortgage and received from the sale of the property, which is a mortgage, in accordance with the order of the release of such bonds, for the subsequent calculation of the owner's representative bonds with mortgage holders under each issue in accordance with the law, unless otherwise stipulated by an agreement between them. (Paragraph is supplemented by the Federal Law of 21 December 2013. N 379-FZ) 4. Assets remaining after satisfying the requirements of the owners of the mortgage bond holders and the liquidation of the current liabilities relating to the sale of the mortgage shall be included in the tender insolvency estate of the issuing organization Mortgage bonds. N193-FZ) Chapter 3. CHALLENGE AND REDUCTION OF PARTICIPATION OF PARTICIPATION Article 17. Individuals entitled to issue mortgage participating certificates 1. Mortgage certificates can be issued only by commercial entities licensed to manage investment funds, mutual funds and non-State pension funds. as well as credit organizations. (In the wording of Federal Law No. N193-FZ) 2. The issuing of mortgage certificates of participation is the basis for the common ownership of mortgage holders ' certificates of participation under which they are issued, and the establishment of a trustee for such mortgage Coating. The shared ownership of the mortgage arises at the same time as the establishment of the trustee of this mortgage. 3. The mortgage management is established by the conclusion of a mortgage management agreement. Article 18. { \b } { \b } { \b } { \b } The terms of the trustee of the mortgage (hereinafter referred to as the trustee of the mortgage) are determined by the person who carries out the mortgage certificates of participation (hereinafter referred to as the mortgage), in The standard forms and can be taken by the purchaser of the mortgage certificates of participation-the founder of the trustee for the mortgage, under which mortgage certificates of participation are issued, only by acceding to the agreement as a whole. Attach a mortgage trust to the contract by acquiring the mortgage certificates of participation issued by the mortgage manager. 2. The claims and other properties constituting the mortgage are the common property of the owners of mortgage certificates of participation and belong to them in the right of shared ownership. The division of property comprising the mortgage and the allocation of its share in kind is not permitted. The term of the agreement of trustee of the mortgage is the refusal of a natural or legal person from the exercise of the right of priority acquisition of a share in the right of common ownership of property, which is Mortgage coverage. The corresponding right shall cease to be applicable. The Mortgage Owners ' Owners are at risk of default or inadequate performance of the obligations for which the mortgage is made. 3. The Mortgage Fund Manager provides a mortgage management system by receiving (receiving) payment of the mortgage claims, the requirements of which make up the mortgage, transfer (payments) to the owners of the mortgage certificates Participation of funds through the said payments, ensuring the proper performance of the obligations for which the mortgage is made, including the recovery of the debtor's property, including the collateral in the event of default or improper performance of such obligations obligations and other related actions that are not contrary to this Federal Act and the rules of trustee of the mortgage. The Mortgage Manager is entitled to suing and acting as a defendant in lawsuits in court in connection with the implementation of the trustee of the mortgage. 4. In addition to the essential terms of the mortgage management agreement provided by the Civil Code of the Russian Federation and the present Federal Law, the mortgage regulations must contain instructions In the absence of the owner of a mortgage certificate, the holder of the right to demand from the manager of the mortgage termination of the agreement of trustee of the mortgage before the expiry of the term of his/her validity other than in the cases provided for by the present Federal law. Article 19. The period of validity of the trust management contract mortgage covering The term of the mortgage trustee contract, established by the mortgage management trust rules, should not -Less than a year and more than 40 years. Article 20. And a mortgage certificate of participation 1. Each mortgage certificate of participation certifies the same amount of rights, including the same share of the right of common ownership of the mortgage. 2. Mortgage certificate of participation is not an emissive securities. Rights certified by a mortgage certificate of participation are recorded in a non-documentary form. The number of mortgage certificates of ownership of the mortgage is specified in the rules of trust management of this mortgage. 3. Mortgage certificate does not have a nominal value. 4. The issue of subprime mortgage certificates is not permitted. 5. Mortgage certificates of participation are freely available, including in organized tenders. (In the wording of Federal Law dated 21.11.2011 N 327-FZ) The registration of rights to mortgage certificates of participation is carried out on the personal accounts in the register of owners of mortgage certificates of participation and, if provided by the rules of trust management of the mortgage, Depot accounts, which for this purpose are held in the register of owners of mortgage certificates of participation, the accounts of the nominal holders will be opened. In this case, the depositaries, with the exception of the depositaries taking account of the rights to the mortgage certificates of participation, which are handled by the in an organized auction, are not entitled to open accounts for other depositaries, performing the functions of nominal holders of their clients ' securities (depositors). In the wording of Federal Law No. N 327-FZ) Registrar, who carries out the register of owners of the mortgage certificates of participation, on the request of the owner of the mortgage certificates of participation, the authorized person or the nominal holder is required to prove the rights The persons listed on the mortgage certificates of participation by issuing a certificate within five days from the register of the owners of the mortgage certificates of participation. Article 21. The mortgage requirements for the mortgage participate certificates 1. Mortgage coatings of mortgage certificates may include only claims on secured mortgage obligations, mortgage certificates of participation, the share in the right of common ownership to another mortgage settlement, real estate Property and moneys received in connection with the performance of obligations, the requirements of which constitute the mortgage, the application of the claim, their sale, the performance of the mortgage certificates of participation, subprime mortgage, real estate, as a part of the mortgage, or else the fiducially management of such a mortgage. Deficiable property may constitute mortgage on a mortgage only as a result of its acquisition (abandonment) in connection with the recovery of the mortgage in the event of default, or Inappropriate enforcement of mortgage-backed obligations, the claims of which constitute the mortgage. (Part of the Federal Law dated 29.12.2012 N 281-FZ 2. The sale of the mortgage requirements of the mortgage certificates of participation is permitted in the cases specified in article 14, paragraph 1, of this Federal Act, if the sale of claims is stipulated in the rules of trust management Mortgage coverage. (In the wording of Federal Law No. N 141-FZ) Article 22. The separation of the property, which constitutes the mortgage coating 1. Claims and other property constituting the mortgage surface are separated from the property of the mortgage manager, the property of the owners of the mortgage certificates of participation, the property of other mortgage coatings, which are in trust the management of the said manager, as well as other assets held in trust or otherwise from the control. The property, which is a mortgage, is taken into account by the mortgage manager on a separate balance and is maintained on its own account. 2. Separate bank accounts (separate bank accounts) are opened for settlement of mortgage transactions, and separate debit accounts are opened to account for the rights of the securities that make up the mortgage. Such accounts shall, except in the cases established by the legislation of the Russian Federation, be opened in the name of the manager of the mortgage, showing that it acts as a trustee and as an individual designation, Identifying the mortgage certificates of participation. The names of the owners of the mortgage certificates of participation are not specified. In the State registration of the mortgage of immovable property providing the requirements constituting the mortgage, the Single State Register of Rights to Immovable Property and Transactions shall specify the individual designation, identifying the mortgage certificates of participation for which the trustee is responsible for the mortgage, which includes the appropriate requirements, and the following entry is made: " The logoers of this facility and data provided by Federal Law N 122-FZ "On State registration of real property rights and transactions" is established on the basis of the front data The accounts of the owners of mortgage certificates of participation in mortgage certificates of ownership of mortgage certificates of participation. 3. According to the debts of the owners of mortgage certificates of participation, including in their insolvency (bankruptcy), the recovery of the property forming part of the mortgage is not allowed. For the debts of the owners of mortgage certificates of participation, the recovery appeals to their mortgage certificates of participation. In the case of the insolvency (bankruptcy) of the owners of mortgage certificates of participation in the insolvency estate, their mortgage certificates of participation are included. If the mortgage certificates of participation make up the mortgage of other mortgage certificates of participation and belong to the owners of the shared ownership, the debts of such owners are referred to and Accordingly, the estate mortgage certificate of the share of the mortgage on such a mortgage is included in the tender mass. 4. In the case of a mortgage insolvency representative (bankrupt), the estate comprising the mortgage is not included in the estate. If a mortgage manager is declared insolvent (bankrupt) or the revocation of a management mortgage property, the property comprising the mortgage is to be transferred to the trust management The State administration company, defined in accordance with the legislation of the Russian Federation on investments of pension savings. This trust is established as a result of the need for constant management of the mortgage in the interest of ensuring the rights of owners of mortgage certificates of participation. The conclusion of a new mortgage management agreement is not required. The property forming the mortgage shall be transferred to the state management company in the manner determined by the Government of the Russian Federation. In this case, the monetary funds constituting the mortgage are to be transferred to the public administration company within a period not exceeding three days from the date of recognition of the mortgage manager by insolvent (bankrupt). Article 23. The control of the Mortgage Coatings , Mortgage Coatings, does not have the right: to dispose of the property forming a mortgage without the consent of the specialized depository; acquire assets that make up the mortgage, any other property; to dispose of the property, which is part of the mortgage; to obtain under the terms of loan contracts and credit facilities of treaties to be refunded from property, a mortgage component; to provide loans from the property that makes up the mortgage; to use properties that make up the mortgage to secure the performance of their own liabilities, or obligations of third parties; acquire assets that make up the mortgage, except in the case of compensation in accordance with the rules of trustee of the mortgage; alienate one's own Property in the composition of the mortgage in his trust management. Article 24. Liability of the Managing Mortgage Coatings Mortgage Manager is responsible to the owners of mortgage certificates of participation in the amount of real damage in the event of damages caused by the breach of this Federal Law, other federal laws, the rules of trust management of the mortgage, including the incorrect determination of the amount of money to be transferred (payment) to the owner of the mortgage certificate of participation, and Amount to be paid in respect of mortgage Certificate of participation. Article 25. { \cs6\f1\cf6\lang1024 } Mortgage Management { \cs6\f1\cf6\lang1024 } Coverage Mortgage management trust rules must contain the following information: an individual symbol identifying the mortgage certificates of participation with a given mortgage; the name of the mortgage manager; the full trade name of the specialized depository; the full trade name of the registrar who registers the owners of the mortgage certificates participation; rights and responsibilities of the mortgage manager { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b Participation; the payment procedure for each mortgage certificate of the participation of the money by means of payments received on the obligations for which the mortgage is made, and the duration of such payment, which must not exceed three months from the date of receipt of the appropriate payments; order Determination of the amount of cash to be paid in connection with the payment of a mortgage certificate of participation; Order and dates for the registration of mortgage holders ' ownership certificates for the acquisition, transfer and repayment of mortgage certificates of participation; rights of owners of mortgage certificates of participation; procedure for convening and holding a general meeting of owners of mortgage certificates; of the specialized depository, registrar in Maintenance of the register of owners of mortgage certificates of participation; the types and maximum costs of the mortgage and payable at the expense of the property that make up the mortgage; Disclosure of information related to the trustee of the mortgage, including the name of the periodical publication in which relevant information is published; other information according to the requirements of this Federal Act. 2. The manager of the mortgage is entitled to make changes and additions to the rules of trust management of the mortgage, which take effect only after they are approved by the general meeting of the owners of mortgage certificates of participation. In the event of cancellation of the license of a specialized depository that manages the mortgage finance registry, the mortgage manager is entitled to make changes in the rules of trust for the mortgage with the replacement of a specialized depositary. At the same time, the manager of the mortgage is obliged to decide to convene a general meeting of mortgage holders to decide on the approval of the new specialized depositary. 3. The rules of trust management of the mortgage should conform to the model rules of trust management of the mortgage, approved by the Bank of Russia. The Bank of Russia is entitled to establish additional conditions and (or) a list of information to be provided in the rules of trust for the mortgage. (In the wording of the Federal Law of 23.07.2013 N 251-FZ) Article 26. General Meeting of Mortgage-Owners Participation 1. The general meeting of the owners of mortgage certificates is called by the mortgage fund manager on his own initiative or at the request in writing of the owners of at least ten percent of the mortgage certificates of participation on the date of submission requirements for the convening of a general meeting. The requirement for the written form of the owners of the mortgage certificates for the convening of the general assembly should contain reasons for its convening, as well as the agenda of the general meeting. The communication concerning the convening of a general meeting should be published in a periodical publication specified in the rules of trustee of the mortgage. 2. During the vote, each mortgage certificate will be given by one vote to the owner. The General Meeting of Mortgage Certificate Owners takes decisions by majority vote of the owners of mortgage certificates of participation, unless otherwise provided by this Federal Law. 3. By a decision of three quarters of the owners of mortgage certificates present, the rights and obligations of the manager of the mortgage may be transferred to another person who is entitled under this Federal Law to issue Mortgage certificates of participation, and the mortgage management rules may be amended to supplement the mortgage composition by new requirements and (or) mortgages and the proportional delivery of additional mortgage certificates of participation. 4. The decisions of the general meeting of owners of mortgage certificates of participation are issued by a protocol, a copy of which must be sent to the Bank of Russia no later than three days from the day of the general meeting. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 5. Additional requirements for the preparation, convening and holding of a general meeting of owners of mortgage certificates of participation are set by the Bank of Russia regulations. (In the wording of Federal Law dated 23.07.2013. N 251-FZ) 6. The costs associated with the convening and holding of a general meeting of owners of mortgage certificates are reimbursed by the mortgage. Article 27. Registration of trust management rules mortgage coverage and changes and additions, 1. The manager of mortgage insurance has the right to issue mortgage certificates of participation only if the registration of the Bank of Russia rules of trust management of the mortgage, the share in the right of the common property on the mortgage which are certified by these certificates. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Changes and additions to the rules of trust for the mortgage shall come into effect if they are registered by the Bank of Russia. (In the wording of the Federal Act, Law of 23.07.2013 N 251-FZ) 2. Registration of the rules of trustee of the mortgage, as well as changes and additions to them shall be made upon application of the person who has the right under this Federal Law to issue mortgage certificates of participation. (Spconsumed by Federal Law of July 27, 2006) N 141-FZ) 3. The decision on the registration of the rules of trustee of the mortgage or of changes and additions made to them or the refusal of their registration shall be made not later than thirty days after the date of adoption of the documents submitted by to register them. The decision to refuse the registration of the rules of trust for the mortgage or the changes and additions made to them must be reasoned. The Bank of Russia has the right to check the information contained in the rules of trust management of the mortgage and other submitted documents. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Notice of acceptance of the decision to register the rules of trustee of the mortgage or of changes and additions made to them or of refusal to register them shall be sent to the applicant within three days from Adoption of the agenda. 4. In the registration of the rules of trustee of the mortgage, as well as changes and additions made to them, they may be refused if: mismatches of the submitted documents to this Federal Act, the Model Regulations (a) The following: or misleading; missing from The applicant is a specialized custodian of the mortgage register, a registrar who has the intention of maintaining a register of the owners of the mortgage certificates of participation. Refusal to register the rules of trustee of the mortgage or the changes and additions made to them, as well as the evasion of the decision to register them, may be appealed to the court. 5. The requirements for the composition and content of documents submitted for the registration of the rules of trust management of the mortgage, as well as changes and additions made to them are set by the Bank of Russia. (B Federal Law of 23 July 2013. N 251-FZ Bank of Russia maintains a registry of its registered rules of trust for the mortgage, and is responsible for the compliance of its registered rules of trust the management of the mortgage, the changes and additions made to them, the requirements of this Federal Law. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Article 28. The entry into force of changes and additions to the mortgage coatings rules . The registration of changes and additions to the rules of trust management of the mortgage, including the full text of these amendments and additions, must be published in the periodical publication specified in the Rules. trust management of the mortgage. 2. Changes and additions to the mortgage regulations and related to the increase in the remuneration of the mortgage manager, the specialized custodian, the registrar in charge of the owners ' registry Mortgage certificates, increasing the types of expenses and increasing the maximum cost associated with the trustee of the mortgage, shall come into force at the end of the month from the date of publication of their registration. 3. Other changes and additions to the rules of trust administration of the mortgage shall enter into force on the date of the publication of their registration. Article 29. Issuance of mortgage certificates for participation 1. The issuing of mortgage certificates of participation is carried out by the person who owns the rights of the claim constituting the mortgage. 2. (Spconsumed by Federal Law of December 29, 2012) N 281-FZ) Article 30. Compensation and expenses related to mortgage securities management 1. Remuneration of the administering mortgage, the specialized depositary, the registrar responsible for the registry of the owners of the mortgage certificates of participation is paid out of the property that makes up the mortgage and the amount Remuneration should not exceed five per cent of the amount of the fulfilled obligations for which the mortgage is made. 2. Expenses relating to the trustee of the mortgage, including the application of the foreclosed on the immovable property set out in the performance of the obligations for which the mortgage requirements are fulfilled, as well as with the commission of the mortgage The property in the cases referred to in this Federal Act and the rules of trustee of the mortgage is carried out at the expense of the property which constitutes the mortgage. Article 31. Register of owners of mortgage certificates of participation 1. The register of owners of mortgage certificates of participation-the system of mortgage certificate of participation certificates issued in accordance with the relevant rules of trust management of the mortgage, on the total number of issued and paid mortgage payments certificates of participation, the owners of mortgage certificates of participation and the number of their mortgage certificates of participation, nominal holders, other registered persons and the number of mortgage certificates registered on them participation, as well as records of acquisition, transfer, encumniation or payment of Mortgage certificates of participation. 2. Maintenance of the register of owners of mortgage certificates of participation may be carried out only by a legal entity licensed to carry out professional activity on the securities market of the registered securities owners ' register (hereinafter referred to as "the securities market"). Recorder). 3. The contract for the maintenance of a register of owners of mortgage certificates of participation may be concluded with only one registrar. 4. (Spconsumed by Federal Law 29/06/2015) N 210-FZ) 5. The Registrar of the Mortgage Certificate Holders and the Mortgage Manager are liable to the owners of mortgage certificates for non-performance or improper performance to maintain the specified registry under this Federal Act, the rules of trust management of the mortgage and the contract with the manager of the mortgage. The Registrar, who carries out the register of owners of the mortgage certificates of participation, is responsible to the mortgage manager for failure or improper performance of the registry, under the present Federal Law, the rules of trust management of the mortgage, the contract with the manager of the mortgage. Chapter 4: MONITORING OF THE EXPENDITURE OF ASSETS, MAPPING CAPACITY Article 32. Specialised Depository of Mortgage Coatings 1. The accounting and custody of the property constituting the mortgage, as well as control over the administration of the property, shall be carried out by the specialized depositary, unless otherwise provided by this Federal Act. 2. The specialized depositary should be a commercial organization licensed to carry out the activities of the specialized depositaries of investment funds, mutual funds and non-State pension funds and a licence for The implementation of depository activities in the securities market. Article 33. Inventory and storage of the property, which is a subprime coatings , 1. The property constituting the mortgage is taken into account by the specialized depositary by maintaining the mortgage register. The specialized depository is required to store documents that are certified by secured mortgage claims and rights to other property in the mortgage register. 2. Securities in a documentary form, which form a mortgage, must be stored in a specialized depository, with the exception of government securities, provided otherwise by the laws of the Russian Federation Storage order. 3. The accounting and storage of property, which constitutes one mortgage, may be recorded only by a single specialized custodian. The accounting and storage of property, which constitutes a mortgage, cannot be performed by a specialized custodian of bonds issued with a mortgage or a mortgage manager Affiliated person. The Specialized Depository is not entitled to use and dispose of the property that makes up the mortgage, and to make transactions with mortgage securities to which it is a registry. 4. The specialized depositary is entitled to retain and (or) the incorporation of the securities that make up the mortgage, the other depositary, if so provided by the decision to issue bonds with a mortgage or the rules of trust for the mortgage. In this case, the specialized depositary shall be responsible for the actions of the depositary designated by him as for their own. The Mortgage Fund Manager is responsible for the actions of a designated depositary in the event that the depositary is involved in writing. Article 34. Control of disposition of property, part of the mortgage 1. The specialized depository is obliged to monitor the issuer's compliance with the requirements of this Federal Act, the Federal Law "About the securities market", other regulatory legal acts of the Russian Federation and the conditions of issuance of such bonds. The Specialized Depository is obliged to control the observance of this Federal Law, other regulatory legal acts of the Russian Federation and the rules of trust Coating. The Specialized Depository does not have the right to give the issuer of mortgage bonds, the manager of the mortgage insurance, consent to dispose of the property forming a mortgage, as well as to execute the instructions of the persons concerned, The transfer of securities that make up a mortgage, in the event that such an order and/or transfer is contrary to this Federal Act, to other regulatory legal acts of the Russian Federation or to a registered decision to issue such Mortgage insurance bonds or rules. 2. In the event of default, the specialized depositary shall be jointly and severally liable jointly with the issuer of the mortgage bonds or the manager of the mortgage to the owners respectively. Mortgage and mortgage bonds. Article 35. Duties of the specialized depositary 1. The specialized depository must act solely for the benefit of the owners of mortgage-backed securities, the registry of which is the home of which it is a mortgage. 2. The specialized depository is obliged: to accept and store documents that are supported by mortgage-backed claims, securities in documentary form, and documents confirming the rights to other property comprising Mortgage coverage, excluding government securities, provided that the Russian Federation's regulatory legal acts provide for other storage arrangements; give the issuer of mortgage bonds or mortgage managers agreement on disposition of the assets of the Mortgage coatings, as well as to execute the designated persons for the transfer of securities that make up a mortgage, in cases where such an order and/or transfer do not contradict the requirements of this Federal Law; to report to the Bank of Russia in the manner prescribed by them; (Federal Law of 23 July 2013). N 251-FZ) represent the issuer of mortgage-backed bonds or mortgage managers with information and documents necessary for the exercise of rights on mortgage securities and disclosure of mortgage information securities; (Uprized-Federal Law of 27.07.2006) N 141-FZ) Register as a nominal holder of securities that make up a mortgage, unless otherwise specified in the legislation of the Russian Federation; inform the owners of mortgage bonds in accordance with the procedure provided for in article 16 of this Federal Law, that they have the right to demand early repayment of such bonds not later than ten days from the date of Documentary evidence of occurrence or occurrence Actions resulting in the creation of a mortgage bond holders ' rights and, in the absence of proof of proper information to the owners of bonds with a mortgage by the issuer Bonds; to comply with other requirements of this Federal Law and Bank of Russia regulations. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 3. The specialized depository is obliged to notify the Bank of Russia of the violations it has discovered in accordance with this Federal Law no later than three days from the date on which the violations are detected. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Article 36. Insurance of the responsibility of the issuer of bonds with mortgage cover, control of a mortgage by a covering, a specialized depository, registrar to the owners of mortgage-backed securities paper Issuer of a mortgage covering a mortgage, a specialized depository, the registrar has the right to insure its liability to owners of mortgage-backed securities (risk of liability owners of mortgage-backed securities). In case of the conclusion of a liability insurance contract, the insurance information must be included in the decision on the issue of the mortgage bond and the rules of trustee of the mortgage, respectively, to the owners of mortgage securities Coating. Chapter 5: { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Discovering and providing information about mortgage securities 1. Mortgage bond issuers are required to disclose and provide information about mortgage bonds in accordance with Federal Law "About the securities market" , taking into account the requirements of this Federal Law. 2. In case of an assessment of bonds with a mortgage rating agency, recognized in the procedure established by Russian legislation, the issuer of mortgage bonds is obliged to disclose and provide information about such a bond. evaluation. Article 38. Requirements for the content of redistributable or published information about mortgage securities 1. In redistributable or published information about mortgage certificates of participation and the implementation of fiducials, their mortgage should be: full or abbreviation of a mortgage manager -a cover, an individual identification symbol identifying the mortgage certificates of participation that attest to the ownership of the mortgage, the registration number and the date of registration of the mortgage rules of the mortgage, and and the date of the issuance of the respective licence to the manager of the mortgage Coverage; places information (with address and/or phone number) where, prior to the purchase of mortgage certificates of participation, it is possible to become familiar with the rules of trust management of the mortgage, the register of mortgage cover, and Other documents provided for by this Federal Law and the Bank of Russia's regulations; (In the wording of Federal Law dated 23.07.2013. N 251-FZ details of the assessment of the mortgage certificates of participation by a rating agency recognized in the procedure established by the legislation of the Russian Federation in the case of such an assessment; The value of mortgage certificates of participation may increase and decrease, the state does not guarantee profitability of investments in mortgage certificates of participation, as well as the information that before purchasing a mortgage certificate of participation, have a thorough knowledge of the rules of trust for mortgage Coating. 2. The mortgage issuer and the mortgage manager are responsible for the content and form of redistributable or published information about the issue of mortgage securities and their mortgage, including for distribution or the publication of inaccurate, incomplete or misleading information, as well as for its late dissemination or publication. 3. Any information provided for distribution or publication on the issue of mortgage securities and on their mortgage shall not contain false, incomplete and (or) misleading information. (In the wording of Federal Law No. N 141-FZ) 4. The commercial organization shall not be entitled, under this Federal Law to issue mortgage certificates of participation, to issue or publish information on as the manager of the mortgage. 5. The manager of the mortgage covering the distribution or publication of the information is obliged to submit to the Bank of Russia copies of the documents containing the information. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 6. Non-compliance with the administering mortgage, the specialized depositary or the registrar of the requirements of this Federal Act and the regulations adopted in accordance with it by the Russian Federation, as well as the non-removal of each of them Violations within the established time limits are grounds for suspending or revoking their respective licence or revocation of the banking licence from the administering mortgage, if it is a credit institution, in accordance with the Federal Act on Banks and Banking (as amended by the Federal Law of 3 February 1996, No. (In the wording of Federal Law No. N193 FZ) 7. The Bank of Russia has the right to sue in case of violation of the rights of owners of mortgage securities as a result of failure to comply with the requirements of this chapter. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Article 39. Information on mortgage-backed securities the stakeholder requirement 1. The mortgage issuer is obliged to ensure that all interested persons are required to become familiar with the information contained in the mortgage register and obtain copies of the register or extracts from it. (In the wording of Federal Law No. N 141-FZ) 2. The manager of the mortgage at the place where the purchase orders are received, the mortgage payment of the mortgage is required to produce the following authentic documents or their notarized copies thereof to all interested persons upon request: Mortgage Manager Charter, Mortgage Management Trust Rules, and the full text of registered changes and additions made to them; rules for the registry of owners of mortgage certificates Participation; (Uexpo-Federal Law dated 27.07.2006. N 141-FZ ) help on the size of the mortgage, calculated in accordance with the procedure set by the Bank of Russia; (In the wording of Federal Law dated 23.07.2013. N 251-FZ ) balance of assets comprising the mortgage, the balance sheet and the income statement and the loss of the mortgage manager, the balance sheet and the income statement and the loss of the specialized Depository, auditor's report issued at the last reporting date; reimbursement for non-expendable property Mortgage coverage, as at the last reporting date; documents containing other information distributed or published by the administering mortgage in accordance with the requirements of this Federal Law, class="ed"> enact"> the Bank of Russia regulations, the charter of the mortgage fund manager or the rules of trust management of the mortgage. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) The Mortgage Fund Manager is obliged to provide all stakeholders with an opportunity to become familiar with the information contained in the mortgage register and receive copies Register or extracts from it. (The paragraph is supplemented by the Federal Law of July 27, 2006). N 141-FZ 3. The fees charged by the issuer of a mortgage bond or a mortgage manager for making copies of the documents provided for in this article may not exceed the cost of making them. (Part added is the Federal Law of July 27, 2006. N 141-FZ) Article 40. Information to be published 1. The mortgage issuer issues information on the issue of such bonds in accordance with the Federal Law "On the securities market" Other federal laws and regulations of the Russian Federation on emissive securities. 2. The Mortgage Manager is required to publish the rules of trustee for mortgage financing before the start of the date of issuing mortgage certificates of participation. 3. The manager of the mortgage is obliged to publish reports on the registration of changes and additions to the rules of trust management of the mortgage. 4. Publication in accordance with the requirements of the Bank of Russia's regulations is subject to the following: (In the wording of the Federal Law dated 23.07.2013 N 251-FZ) balance of assets comprising the mortgage, the balance sheet and the income statement and the loss of the mortgage manager; the performance report for which claims are made Mortgage, compensation of the mortgage manager and the expenses to be refunded from the property of the mortgage; other documents in accordance with this Federal Law; information on the transfer of rights and obligations A mortgage management contract for another person who, under this Federal Act, has the right to issue mortgage certificates of participation. 5. The information related to the activity of the mortgage fund must be disclosed in accordance with this Federal Law and the Bank of Russia regulations. (In the wording of Federal Law dated 23.07.2013. N 251-FZ) Article 41. Reporting to the Bank of Russia 1. The Bank of Russia determines the length, timescales, forms and procedures for the reporting of mortgage bond issuers, which govern mortgage financing and specialized depositaries. 2. The accounts referred to in Part 1 of this article are submitted to the Bank of Russia. (Article in the wording of the Federal Law dated 23.07.2013 N 251-FZ) Chapter 6: CREDENTIAL BANK OF THE RUSSIAN FEDERATION CABILITIES (In the revision of the Federal Law dated 23.07.2013 N 251-FZ) Article 42. Regulation and supervision on the market mortgage securities Regulation of mortgage-backed securities, activities of mortgage agents and mortgage managers, and supervision of their activities The Bank of Russia is being implemented in accordance with the legislation of the Russian Federation. (In the wording of the Federal Law of 23.07.2013 N 251-FZ Article 43. Rights of the Bank of Russia (As amended by the Federal Law of 23 July 2013). N 251-FZ) 1. Bank of Russia has the right: (In the wording of Federal Law of 23 July 2013). N 251-FZ) set requirements for the size of the mortgage agent's own funds and the order of its calculation; regulate the activities of the mortgage agents, which manage the mortgage and Specialized mortgage depositaries under this Federal Law; (In the wording of Federal Law 27 July 2006 N 141-FZ) set requirements to prevent conflicts of interest of the mortgage managers and specialized depositaries; (Forgot-Federal Law dated 30.11.2011 N 362-FZ) set out qualification requirements for employees of the mortgage coatings, specialized depositaries, and requirements for the professional experience of the individual the executive board of mortgage managers and specialized depositaries; set out requirements for the payment of mortgage certificates of participation, including the determination of the amount payable on mortgage payments certificates of participation; implement surveillance for the activities of mortgage agents administering the mortgage, specialized depositaries; (In the wording of Federal Law dated 23.07.2013 N 251-FZ) (Spanged by Federal Law of 30.11.2011) N 362-FZ) monitor compliance with this Federal Law, consider complaints from citizens and legal entities related to violations of this Federal Law; Mortgage agents administering the mortgage, specialized depositaries; (Overtaken by Federal Law of 29.06.2015) g. N 210-FZ) to send instructions to the mortgage agents administering the mortgage, the specialized depositaries of orders to eliminate violations of this Federal Law, the Bank of Russia regulations and Set a time limit for the elimination of such violations; (In the wording of the Federal Law of 23 July 2013). N 251-FZ To apply to the court for the liquidation of legal persons who carry out activities under this Federal Law without corresponding licenses or activities that are not permitted by them under by this Federal Law, or in the manner prescribed by them; bring a lawsuit for the owners of mortgage-backed securities in the event of violation of their rights under this Federal Law; Mortgage determination procedure; set additional requirements for the details and rules for maintaining the mortgage; set out additional requirements for the structure and minimum size of the mortgage; The powers provided for by this Federal Law are; (Spil-off-Federal Law of 23 July 2013). N 251-FZ) 2. Employees of the Bank of Russia, authorized by the Bank of Russia in accordance with the procedure established by them, have the right to unimpeded access to the premises of issuers of bonds with mortgage covering mortgage securities, Specialized depositaries, registrars for the purpose of performance of official duties and information on the basis of a request in writing, with the necessary documents and information as specified in the submitted request, subject to non-disclosure State, official and commercial secrets. Mortgage Coatings issuers, specialized depositaries, registrars are required to submit documents to the Bank of Russia, other information and to provide written and (or) information oral form of the explanation necessary for the implementation of the Bank of Russia. (Part of the Federal Law dated 23.07.2013 N 251-FZ) Article 44. Bank of Russia's responsibility for compliance commercial secrecy (The wording of the Federal Law dated 23.07.2013 N 251-FZ) 1. The information obtained by the Bank of Russia in connection with the performance of activities under this Federal Law shall not be disclosed. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 2. Employees of the Bank of Russia , in case of disclosure of information constituting a commercial secret, are liable in accordance with the procedure established by the legislation of the Russian Federation. The losses caused to the organization by such disclosure are reimbursable under civil law. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Article 45. Bank of Russia rule on elimination breach Bank of Russia in case of violation of this Federal Law, Russian Federation Securities Law and (or) regulations The Bank of Russia, the issuer of the mortgage bond, which manages a mortgage, the specialized depositary sends the offender, in accordance with federal law, to the mandatory requirement for the elimination of the approved violations. (In the wording of the Federal Law of 23.07.2013 N 251-FZ) Article 46. Measures applied by the Bank of Russia 1. In case of a violation by the issuer of bonds with a mortgage, a mortgage pavement, a specialized depositary of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation on securities The Bank of Russia has the right to demand that the Bank of Russia does not fulfill the requirements of the Bank of Russia, the Bank of Russia's failure to comply with the Bank's instructions, the refusal to provide information, the provision of incomplete or incorrect information, and false and misleading information. from those listed to the elimination of the violations identified, and to take action, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In case of default, the Bank of Russia has the right to suspend the order to eliminate violations and if these violations have created a real threat to the legitimate interests of the owners of mortgage certificates of participation. Issued mortgage certificates of participation for up to six months. . 23.07.2013 N 251-FZ Chapter 7: FINAL PROVISIONS Article 47. The procedure for the entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin November 11, 2003 N 152-FZ