On Amendments To The Federal Law "on Mortgage Backed Securities"
Original Language Title: О внесении изменений в Федеральный закон "Об ипотечных ценных бумагах"
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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On Mortgage Securities" Adopted by the State Duma on December 22, 2004 Approved by the Federation Council on December 24, 2004 27.07.2006 N 141-FZ; dated 23.07.2013 N 251-FZ; of 21 December 2013 N 379-FZ) Act of 11 November 2003 N 152-FL "On Mortgage Securities" (Collection OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4448) The following changes: 1) Article 2 should be added to the following paragraph: " Mortgage Bonds-Mortgage Bonds, which includes only the rights of the claim secured by the a guarantee of accommodation.; (2) in article 3: (a) in Part 3: the first paragraph to declare invalid; the second sentence should be supplemented with the following sentence: " In mortgage bond coverage with mortgage coatings, excluding mortgage bonds, may (b) Part 6: , paragraph 5: , should be added to the following paragraph: " B in the case of a mortgage and the issuance of a mortgage to confirm the claim on the mortgage secured by the secured mortgage obligation. "; 3) Part 1 of Article 8 to be added to the paragraph , to read: " Constitutive documents The mortgage agent must specify the total number of mortgage bond issues for which it is created. The change in the total number of mortgage bond issues for which a mortgage agent is created is not allowed. After fulfilling the obligations on the mortgage bonds of all releases, the mortgage agent is subject to liquidation. "; 4), article 10, paragraph 1, should read: " 1. Mortgage bonds should enshrin the right of their owners to interest, the amount of which is determined by the decision to issue the mortgage bond. "; 5) of article 11, paragraph 2, should read: " 2. Mortgage coverage may be embedded in the performance of bond obligations of two or more releases. In such a case, the requirements of this Federal Mortgage Coatings Act, which is in the enforcement of the bonds of one issue, including in the part concerning the size, apply to the mortgage. of the mortgage, which must ensure the completeness of the obligations on the bonds with this mortgage covering all issues. In the case of single-mortgage bond issues, the issuers have the right to prioritize the performance of bonds with a mortgage of various issues. In this case, the repayment of mortgage bonds and the payment of interest thereon shall be in the order of priority. Repayage of mortgage bonds in the order of each queue or payment of interest is permitted only after the mortgage bond has been repaid in the order of the previous queue or payment of interest on them in full. Mortgage bonds are deemed to be repaid, and interest paid in the case of cash transfers to a bank account specified by the owner of such bonds to the owner of such bonds or the deposit of money in a notary's deposit. "; 6), article 12, amend to read: Article 12. Mortgage bond mission 1. The mission of the mortgage bonds is carried out in accordance with the Federal Law "On the securities market", this Federal Law and the normative legal acts of the Federal Executive securities market. At the same time, the normative legal acts of the federal executive branch on the securities market in the part of the issue of bonds with mortgage lending organizations are adopted in coordination with the Central Bank of the Russian Federation. 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. The violation by the issuer of a mortgage of the said restriction is the basis for the refusal to register the issuance of bonds with this mortgage. "; 7) paragraph 3 of article 13, paragraph 3, shall be stated as follows: Edition: "The size of the mortgage bond issued by a credit institution may exceed the bond liabilities by no more than 20 percent."; 8) class="ed"> (expandable-Federal Law dated 21.12.2013. N 379-FZ) 9), add the following addition to articles 16 to 1 and 16 to 2: " Article 16-1. The implementation of the mortgage bond cover 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. Article 16-2. The sale of a mortgage in the case of the 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. 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 of bonds with a mortgage. "; 10) Part 1 of Article 17 is supplemented by the words" as well as by credit organizations "; 11) (Spaced by Federal Law dated 27.07.2006. N 141-FZ) 12) Part 6 of Article 38 should read: " 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 Federal Act No. 17-FZ of 3 February 1996)."; 13), amend article 41 to read: " Article 41. Reporting to government mortgage securities market authorities 1. The length, timescales, forms and procedures for reporting of issuers of bonds with mortgage, managers of mortgage and specialized securities are determined by the federal executive branch of the securities market and issuers Mortgage and mortgage bonds, which are credit institutions, are the federal executive branch of the securities market, in agreement with the Central Bank of the Russian Federation. 2. The accounts shall be submitted to the federal executive branch of the securities market, and if the issuer of the bonds with a mortgage or a mortgage fund is a credit institution, also the Central Bank of the Russian Federation Federation. "; 14) in article 42: (a) the word" State "shall be replaced by the words" 1. The State ", after the words" the federal executive branch of the securities market and "supplemented by the words" in the cases provided for by this Federal Law, "; b), supplement Part 2 with the following words: " 2. Legal instruments establishing requirements for the disclosure of financial and economic information, financial and economic activities and other financial information of credit institutions issuing mortgage bonds, are taken by the federal executive branch of the securities market in consultation with the Central Bank of the Russian Federation. "; 15) (Spaced by Federal Law dated 23.07.2013 N 251-FZ) President of the Russian Federation Vladimir Putin Moscow, Kremlin 29 December 2004 N 193-FZ
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