On Amendments To Some Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on Mortgage Backed Securities"

Original Language Title: О внесении изменений в некоторые законодательные акты Российской Федерации в связи с принятием Федерального закона "Об ипотечных ценных бумагах"

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RUSSIAN FEDERATION FEDERAL LAW amending certain legislative acts of the Russian Federation in connection with the adoption of Federal Law "Mortgage Securities" Adopted by the State Duma on December 22, 2004 Approved by the Federation Council on December 24, 2004 class="ed">(In federal editions) Law , dated 28.07.2012. N 144-FZ; of 05.05.2014 N 99-FZ Article 1 (Spconsumed out-Federal Law of 05.05.2014) N 99-FZ ) Article 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4190) The following changes: 1) Article 131, paragraph 2, should be added to the following paragraph: "In cases prescribed by federal law, which is the property of the debtor in accordance with the law" Federal Act No. 152-FZ of 11 November 2003 "On Mortgage Securities" (hereinafter referred to as the Federal Law "On Mortgage Securities"), the issue of bonds with the mortgage is excluded from the insolvency estate of the debtor and the requirements of the creditors- Owners of mortgage bonds are granted in accordance with the procedure established by the The Federal Act on Mortgage Securities. "; (2) in article 133: (a) the first paragraph of paragraph 1 should be supplemented with the words", except as provided for in this article "; b) to supplement paragraph 4 with the following: Content: " 4. In case the debtor was to issue bonds with a mortgage in accordance with the Federal Law on Mortgage Securities, the insolvency representative is obliged to open a separate account in the bank or other credit institution for credit The amount of the mortgage and the payment of a mortgage on the basis of the obligation for which the rights of the mortgage are made, and to open a special mortgage account for admission to the mortgage The amount of money received during the sale of the mortgage. If the debtor has issued several bond issues with different mortgage coatings, a special mortgage account is opened for each mortgage. From a special mortgage account, the payments are made to the holders of the bonds with the appropriate mortgage, as well as the payment of current obligations related to the mortgage. ". Article 3 To amend the federal law "On banks and banking activities" (in the wording of the Federal Law of 3 February 1996 No. 17-FZ) (Statements. The Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, Art. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 1998, N 31, sect. 3829; 2001, N 26, st. 2586; N 33, st. 3424; 2002, N 12, st. 1093; 2003, N 50, sect. 4855; 2004, N 27, sect. 2711) The following changes: 1) in article 20: a) Part 1 of the following addition to paragraph 10: " 10) by the credit institution which is the manager of the mortgage, the requirements of the Federal The law on "Mortgage Securities", issued in accordance with the law of the Russian Federation, as well as the non-elimination of violations within the prescribed time-limits, if in one year the measures were repeatedly applied to the credit institution, Central Bank of the Russian Federation Federation (Bank of Russia) "."; b) in Part Two: In paragraph 2, the words "registration of a credit institution" should be replaced by the words " registration of a credit institution. This ground for revoking banking licences does not apply to credit organizations for the first two years from the day of the issuance of a banking licence "; in paragraph 4 of the word" one month " Replace the words "14 days"; in Part 9 as follows: " Since the credit institution has revoked the banking license: 1) is considered as due date the obligations of the credit institution that arose prior to the date of revocation of the licence Banking. At the same time, the amount of the monetary obligations and liabilities for the payment of mandatory payments to the credit institution, expressed in foreign currency, is determined in rubles at the rate set by the Bank of Russia on the day of withdrawal of the license from the credit institution. Bank operations; 2) terminates the accrual of interest and financial penalties under the federal law or the agreement on all types of debt of the credit institution, with the exception of financial sanctions Failure or improper performance by the credit institution of its current obligations; 3) execution of enforcement documents is suspended, enforcement of other documents is not permitted, and is subject to no dispute, except The execution of the executive documents on the recovery of the debt under the current obligations of the credit institution; 4) until the day of the entry into force of the decision of the arbitral tribunal on the recognition of the credit institution of insolvent (bankrupt) or the liquidation of a credit institution is prohibited: the property of the credit institution, including the performance of the credit institution, except for transactions related to the current obligations of the credit institution, as determined in accordance with this article; Obligation to pay the mandatory payments that arose prior to the day of revocation of the banking licence from the credit institution; the cessation of obligations to the credit institution by setting off counterparty requirements; 5) stops in the reception and implementation Correspondence accounts of the credit institution to the customers of the credit institution (individuals and legal entities). Credit organizations and institutions of the Bank of Russia are repaying the payments received after the day of revocation of the banking license in favor of the clients of the credit institution, on the accounts of payers in bank accounts. "; (d) Add the following parts of the tenth to twelfth content: " Under the current obligations of the credit institution: 1) the obligation to pay for the costs of continuation of the activity (...) (...) Operating payments, cost of communications, preservation of property), expenses for the functions of the temporary administration of credit institution appointed by the Bank of Russia, remuneration of persons working in the labour market Payment of termination indems to these persons in case of dismissal, as well as other expenses related to liquidation of the credit institution after the day of withdrawal of the banking licence; 2) the obligation to pay Payments arising from the date of withdrawal of the banking licence transactions; (3) obligations to list the sums of money withheld from wages (alimony, tax on the income of individuals, trade union and insurance contributions and other payments to the employer under federal laws) payment), paid to employees of the credit institution in accordance with federal laws. Payment of expenses related to the fulfillment of the current obligations of the credit institution shall be made by the Bank of Russia by the provisional administration of management of the credit institution on the basis of the cost estimate approved by the Bank Russia. In the period after the revocation of the banking license and until the day of the entry into force of the decision of the arbitral tribunal on the recognition of the credit institution of insolvent (bankrupt) or its liquidation, the credit institution has right: 1) to recover and collect debts, including on previously issued loans, to return the advance payments previously made by the credit institution, to obtain funds from the settlement of securities and to receive the proceeds of valuable securities. owned by a credit institution on ownership; 2) To return the property of a credit institution located at third parties; 3) to receive the proceeds of previous banking transactions and transactions, as well as transactions related to professional activities credit organization in the securities market; 4) to carry out, in agreement with the Bank of Russia, a return of money wrongfully credited to the correspondent account or the correspondent sub-account of the credit institution. The order of reconciliation of the return of miscalculated money is established by Bank of Russia regulations; 5) (Uexpo-Federal Law dated 28.07.2012. N 144-FZ) 6) to perform other functions of the Bank of Russia designated temporary administration of credit management provided by the Federal Law "On insolvency (bankruptcy) of the Bank of Russia" "Bank of Russia regulations adopted in accordance with the regulations of the Bank of Russia."; Article 23 and 23-1 should read as follows: " Article 23. The liquidation or reorganization of the credit institution The liquidation or reorganization of the credit institution shall be carried out in accordance with federal laws, taking into account the requirements of this Federal Law. State registration of the credit institution in connection with its liquidation and the state registration of the credit institution created by reorganization shall be carried out in accordance with the procedure provided by the Federal Law "On State Service of the Republic of Ukraine". Registration of legal persons and individual entrepreneurs ", taking into account the peculiarities set by this Federal Law and the regulations adopted by the Bank of Russia in accordance with it. The information and documents necessary for the implementation of the State registration of the credit institution in connection with its liquidation and state registration of the credit institution created by reorganization are submitted to the Bank of Russia. The list of said information and documents, as well as the order of their presentation, is determined by the Bank of Russia. The Bank of Russia, after taking a decision on the state registration of the credit institution in connection with its liquidation or state registration of the credit institution created by reorganization, will be sent to the authorized representative of the Bank of Russia. The registering body of information and documents required for this body to carry out the functions of maintaining a single public register of legal entities. Based on the decision taken by the Bank of Russia and the necessary information and documents submitted by the Bank of Russia, the authorised registering body within five working days from the date of receipt of the necessary information and documents contributes to the The single state register of legal entities is informed about this by the Bank of Russia, and no later than the working day following the day of the corresponding entry. Interaction of the Bank of Russia and the authorized registering body on the state registration of the credit institution in connection with its liquidation or the state registration of the credit institution created by way The reorganization is carried out in the manner agreed by the Bank of Russia with the authorized registrar. State registration of the credit institution in connection with its liquidation is carried out within 45 working days from the date of submission to the Bank of Russia of all documents issued in the prescribed order. State registration of a credit institution created by reorganization, in the event that a decision to refuse such registration is not taken, is carried out within six months from the date of submission to the Bank of Russia of all issued in the order of the documents. The Bank of Russia has the right to prohibit the reorganization of the credit institution if it results in the application of insolvency (bankruptcy) prevention measures provided by the Federal Law "On the Russian Federation". "If the activity of the credit institution is terminated on the basis of the decision of its founders (participants), the Bank of Russia shall decide on the application of the credit institution," the bank said in a statement. Cancellation of a banking licence. The procedure for the submission of the said application by the credit institution is regulated by the Bank of Russia regulations. If, after the decision of the founders (participants) of the credit organization about its liquidation, the Bank of Russia, on the basis of Article 20 of this Federal Law, decides to revoke its license for banking operations, Decision of the founders (participants) of the credit institution on its liquidation and other related decisions of the founders (participants) of the credit institution or the decision of the founders (participants) of the credit institution of the liquidation committee The (liquidator) shall cease to have legal effect. The credit institution shall be liquidated in accordance with the procedure provided for in article 23-1 of this Federal Law. In case of cancellation or revocation of the license for banking operations, the credit institution returns the specified license to the Bank of Russia within 15 days from the date of such decision. The founders (participants) of the credit institution that decided to liquidate it shall appoint the liquidation commission (the liquidator), approve the interim liquidation balance, and the liquidation balance of the credit institution by agreement with the The Bank of Russia. The liquidation of the credit institution is considered complete and the credit institution has ceased operations after the authorized registration authority has entered into a single public register of legal entities. Article 23-1. Liquidation of the credit organization on the initiative of the Bank of Russia (forced liquidation) of the Bank of Russia within 15 days from the day of withdrawal of the license to carry out banking operations is obliged to turn to Arbitration court with demand to liquidating credit institution (Bank of Russia's statement on forced liquidation of credit institution), except if there are signs for the credit institution to withdraw the specified license The insolvency (bankruptcy) provided by the Federal Law "The insolvency (bankruptcy) of credit institutions". If, by the day of revocation of banking licenses, the credit institution has signs of insolvency (bankruptcy) provided by the Federal Law "On insolvency (bankruptcy) of credit institutions", or The Bank of Russia has issued a statement on the recognition of these signs by the Bank of Russia appointed by the Bank of Russia as the interim administration to manage the credit institution after the day of revocation of the license. the credit institution of insolvent (bankrupt) in order, The bankruptcy court reviews the application of the Bank of Russia for the compulsory liquidation of a credit institution in accordance with the rules established by the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The statement of the Bank of Russia on the forced liquidation of a credit institution is considered by the arbitral tribunal within a period not exceeding one month from the date of submission of the said declaration. The arbitral tribunal shall decide on the liquidation of the credit institution and the appointment of a liquidator of the credit institution, unless the presence of the insolvency (bankruptcy) of the credit institution is established on the day of revocation of the license for the credit institution. Banking operations. " When considering the statement of the Bank of Russia on the forced liquidation of the credit institution, the preliminary court session, as stipulated by the Code of Arbitration of the Russian Federation, shall not be held. The arbitration court directs the decision on liquidation of the credit institution to the Bank of Russia and the authorized registering body, which makes a single state register of legal entities that the credit institution is located in The process of liquidation. "; 3), chapter II, complemented by articles 23-2 to 23-4, as follows: " Article 23-2. The liquidator of the credit institution The submission of the credit institution's liquidator to the arbitral tribunal and the confirmation of the candidate by the arbitral tribunal shall be made in the manner provided for by the Federal Law " O "The insolvency (bankruptcy) of credit institutions" for the presentation and approval of the insolvency representative of the credit institution. The Deposit Insurance Agency is the Liquidator of the Credit Organization, which had a license of the Bank of Russia. "The liquidator of the credit institution, which did not have a license of the Bank of Russia to attract funds of individuals, the arbitral tribunal shall approve the arbitration manager in compliance with the requirements of the Federal Law" "The insolvency (bankruptcy)" and the insolvency representative of the Bank of Russia accredited to the Bank of Russia. The liquidator of the credit institution begins to exercise its powers from the date of entry into force of the decision of the arbitral tribunal on liquidation of the credit organization and appointment of the liquidator of the credit institution and acts until the day of entry into force. A single public register of legal entities to record the liquidation of a credit institution. The credit institution's liquidator, in the process of liquidation of the credit institution, is obliged to act in good faith and prudently and to take into account the rights and legitimate interests of the creditors of the credit institution, society and the state. The liquidator of the credit institution in the process of liquidation of the credit institution has rights and performs the duties provided for by this Federal Law, and in the not resolved part of the credit institution, the Federal Law on Insolvency (bankruptcy) of credit institutions " for a competitive credit management organization. The release or suspension of the liquidator of a credit institution is carried out in the manner provided for by the Federal Law "On the insolvency (bankruptcy) of credit institutions" for the insolvency proceedings. Article 23-3. The consequence of the decision by the arbitral tribunal on the liquidation of the credit institution The decision of the arbitral tribunal to liquidates the credit institution shall enter into force on the day of its adoption. The appeal against the decision of the arbitral tribunal to liquidate the credit institution does not suspend its execution. From the date of entry into force of the decision of the arbitral tribunal on liquidation of the credit institution there are consequences provided by the Federal Law "On bankruptcy of credit institutions" for the case of recognition the credit institution is insolvent. Article 23-4. Management of the liquidation of the credit organization liquidation of the credit institution is carried out in the order and in accordance with the procedures provided by the Federal Law "On insolvency (bankruptcy)". of credit institutions " for competitive production, with special features established by this Federal Law. Credit organizations of the credit institution being dissolved have rights under this Federal Law, and in an unsettled part-the Federal Law on Bankruptcy (Bankruptcy) of Credit Organizations. The liquidator of the credit institution is obliged to hold the first meeting of creditors of the credit institution in liquidation not later than 60 days after the end of the period set for the presentation of creditors ' claims. Control over the activity of the credit institution's liquidator, the procedure for reporting them to the Bank of Russia, as well as the Bank of Russia's review of the activity of the credit institution's liquidator are carried out in the order provided for by the Bank of Russia. The insolvency (bankruptcy) of credit institutions for the insolvency proceedings. After the end of the period for filing the claims of creditors of the credit institution, the liquidator of the credit institution shall constitute the interim liquidation balance, which shall contain information on the composition of the assets the credit institution being dissolved, the list of requirements of the lenders of the credit institution, as well as the results of their consideration. The interim liquidation balance shall be considered at a meeting of creditors and (or) a meeting of the creditor committee of the credit institution and after such a review is subject to agreement with the Bank of Russia. Satisate the requirements of creditors of the credit institution is carried out in accordance with the interim liquidation balance, starting from the day of its approval with the Bank of Russia and in the order of priority provided by the Federal Law " On "The insolvency (bankruptcy) of credit institutions". Procedure for transactions with property of a credit institution not included in accordance with the Federal Law "On bankruptcy of credit organizations" in insolvency estate (bankruptcy) is defined by the Federal Law. If the funds available to the credit institution are insufficient to satisfy the creditors of the credit institution, the credit institution liquidator implements the assets of the credit institution in The procedure established by the Federal Law "On insolvency (bankruptcy) of credit organizations". The liquidation of the credit institution may not exceed 12 months from the date of the entry into force of the decision of the arbitral tribunal on liquidation credit institution. The deadline may be extended by the arbitral tribunal on the basis of a reasoned request from the liquidator of the credit institution. If, during the liquidation procedure, the credit institution claims that the value of the property of the credit institution against which the liquidation decision is made is insufficient to satisfy the creditors ' claims The organization, the liquidator of the credit institution, is obliged to send to the arbitration court an application for recognition of the credit institution insolvent (bankrupt). The report of the liquidation of the credit institution with the liquidation balance is heard at a meeting of creditors or a meeting of the creditor committee of the credit institution and is approved by the arbitral tribunal in the order, The insolvency (bankruptcy) law of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the The credit institution is obliged to submit to the Bank of Russia the application The documents provided by the Bank of Russia regulations for the implementation of the State registration of the credit institution in connection with its liquidation within ten days from the date of such determination. ". Article 4 Paragraph 3 of Article 33 of the Federal Law of December 26, 1995 N 208-FZ "On joint-stock companies" (Legislative Assembly Russian Federation, 1996, No. 1; 2001, N 33, article 3423) add the following sentence: "These bond issues do not apply to the issue of bonds with a mortgage.". Article 5, para. 2 of Article 31 of the Federal Law dated February 8, 1998 N 14-FZ " On Societies with Restricted Liability " (Russian Federation Law Assembly, 1998, N 7, st. 785) add the following sentence: "These bond issues do not apply to the issue of bonds with a mortgage.". Article 6 1. Provisions of Articles 23-1-23-4 of the Federal Law "On Banks and Banking Activities" (as amended by the Federal Act of 3 February 1996 No. 17-FZ) c The amendments made by this Federal Act apply to credit organizations whose liquidation procedures have not been carried out or have not been initiated on the date of the entry into force of this Federal Act. 2. In case of suspension by the arbitral tribunal of the liquidator of a credit institution appointed prior to the date of entry into force of this Federal Law, the arbitral tribunal at the request of the Bank of Russia in accordance with the procedure provided for in article 23-2 of the Federal Law The Law of "On Banks and Banking Activities" (as amended by the Federal Law of 3 February 1996, No. 17-FZ), subject to the changes made by the present Act. The Federal Law may be approved by the liquidator of the credit institution Deposit Insurance Agency. President of the Russian Federation Vladimir Putin Moscow, Kremlin 29 December 2004 N 192-FZ