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 on amendments to certain legislative acts of the Russian Federation in connection with adoption of the Federal law "on mortgage backed securities" adopted by the State Duma December 22, 2004 the year approved by the Federation Council December 24, 2004 year (as amended by the federal laws from 28/07/2012 N 144-FZ;
from 05.05.2014 N 99-FZ), Article 1 (repealed Federal Act from 05.05.2014 N 99-FL) Article 2 amend the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (collection of laws of the Russian Federation, 2002, no. 43, p. 4190) as follows: 1 article 131, paragraph 2) supplemented by a paragraph reading as follows: "in cases stipulated by the Federal law, constituting the mortgage debtor's property coverage exercising in accordance with the Federal law of November 11, 2003 N 152-FZ "on mortgage backed securities" (hereinafter referred to as the Federal Act entitled "mortgage backed securities") emission in mortgage-backed bonds is excluded from the estate of the debtor and creditors-the owners of mortgage-backed bonds are satisfied in the manner prescribed by the Federal law "on mortgage-backed securities.";
2) Article 133: a) the first paragraph of paragraph 1 shall be supplemented with the words "except as provided in this article";
b) shall be amended with paragraph 4 as follows: "4. In case the debtor operates in accordance with the Federal law" on mortgage backed securities "in mortgage-backed bond, trustee shall open a separate bank account or a credit institution to be credited to him moneys constituting mortgage coverage and received in the course of the bankruptcy proceedings, in pursuance of the commitments that have the right to claim mortgage coverage as well as open a special mortgage account for the money it received in the course of implementing the mortgage cover.
If the debtor undertook several bonds with various special mortgage-mortgage account is opened for each mortgage cover.
With the special mortgage lenders-payments account holders with an appropriate mortgage-bonds, as well as the payment of ongoing obligations related to mortgage cover. ".
Article 3 to make the Federal law "on banks and banking activities" (as amended by federal law from February 3, 1996 N 17-ФЗ) (statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 27, art. 357; Collection of laws of the Russian Federation, 1996, no. 6, art. 492; 1998, N 31, art. 3829; 2001, N 26, art. 2586; N 33, art. 3424; 2002, N 12, art. 1093; 2003, no. 50, art. 4855; 2004, N 27, art. 2711) as follows: 1) in article 20: (a)) shall be amended with paragraph 10 the first part as follows: "10) non-fulfillment of the credit organization, which is administering the mortgage coverage, the requirements of the Federal law" on mortgage backed securities "and issued in accordance with normative legal acts of the Russian Federation, as well as failure to rectify violations within the prescribed period, if during one year to credit organizations have repeatedly applied the measures stipulated by the Federal law" on the Central Bank of the Russian Federation (Bank of Russia) ".";
b) part two: in paragraph 2, the words "registration of the credit organizations" were replaced by the words "registration of the credit institution. Specified grounds for revocation of a license for carrying out banking operations shall not apply to credit institutions during the first two years from the date of issuance of a license for carrying out banking operations ";
in paragraph 4, the words "of one month" shall be replaced with the words "14 days";
the ninth part) shall be amended as follows: "since the revocation of the credit institution of a license for carrying out banking operations: 1) is considered a mature term of fulfillment of obligations of the credit institution arising before the date of revocation of a license for carrying out banking operations. The size of the monetary obligations and responsibilities to pay obligatory payments of the credit institution, denominated in foreign currency is defined in rubles at the exchange rate established by the Bank of Russia on the date of revocation of the credit institution of a license for carrying out banking operations;
2) stops charging stipulated by the Federal law or the contract percents and financial sanctions on all types of credit organizations, with the exception of the financial sanctions for non-fulfillment or improper fulfillment of the credit organization its current obligations;
3) is suspended pursuant to Executive documents on property liens not allowed enforcement of other documents, the recovery in an uncontested procedure, except in the performance of Executive documents about debt recovery under the current liabilities of the credit institution;
4) prior to the date of entry into force of the decision of the Court of arbitration on the recognition of the credit organization insolvent (bankrupt) or liquidation of the credit institution are prohibited from:

transactions with the assets of the credit institution, including the execution of a credit organization commitments, with the exception of transactions associated with the current obligations of the credit institution, as defined in accordance with this article;
fulfilment of the obligation to pay the mandatory payments arising before the date of revocation of the credit institution of a license for carrying out banking operations;
termination of obligations to the credit institution by setoff of claims;
5) are welcome and implementation on the correspondent accounts of the credit organization of payments on accounts of clients of the credit organization (natural and legal persons). Credit institutions and institutions of the Bank of Russia carry out refunds received after the day of revocation of a license for carrying out banking operations in favor of customers of the credit institution, the accounts in the banks of payers both. ";
g) supplement parts tenth-twelfth as follows: "under the current obligations of the credit institution shall be construed: 1) liability to pay costs associated with the continuation of the activities of the credit institution (including utilities, rent and maintenance payments, expenses for communication services, safeguarding of assets), the costs of performing the functions assigned to the Bank of Russia to the Transitional Administration in the management of the credit institution, the remuneration of persons who work under an employment contract, payment of termination benefits to these individuals in case of their dismissal as well as other costs related to the liquidation of the credit institution after the day of revocation of a license for carrying out banking operations;
2) the obligation to pay the mandatory payments arising from the date of revocation of a license for carrying out banking operations;
3) obligation to transfer cash amounts withheld from wages (alimony, personal income tax, trade and health insurance contributions and other assigned to the employer in accordance with federal laws, payments) paid to employees of the credit institution in accordance with the federal laws.
Payment of expenses connected with the performance of the current liabilities of the credit institution, is made by the Bank of Russia appointed interim administration on the management of the credit institution on the basis of cost estimates approved by the Bank of Russia.
Since the day of revocation of a license for carrying out banking operations and prior to the date of entry into force of the decision of the Court of arbitration on the recognition of the credit organization insolvent (bankrupt) or elimination of a credit institution has the right to: 1) collect and receive, including arrears on earlier loans, carry out return of advance payments that were previously carried out by the credit institution, receiving funds from the redemption of securities, and revenues from securities owned by a credit institution on the property right;
2) to return the assets of the credit institution, in the possession of third parties;
3) receive income from prior banking operations and transactions, as well as operations related to the professional activities of the credit institution on the securities market;
4) in consultation with the Bank of Russia refunds, erroneously credited on the correspondent account or sub-account a correspondent credit institution. Procedure for reconciling return mistakenly credited funds shall be established by the normative acts of the Bank of Russia;
5) (repealed-Federal Act of 28/07/2012 N 144-FZ) 6) perform other actions for the implementation of the functions assigned by the Bank of Russia to the Transitional Administration in the management of the credit institution, stipulated by the Federal law "on Insolvency (bankruptcy) of credit institutions" and adopted in accordance with the normative acts of the Bank of Russia ";
2) of article 23 and 23-1 shall be amended as follows: "article 23. Liquidation or reorganization of a credit organization liquidation or reorganization of a credit organization shall be carried out in accordance with the federal laws with the requirements of this federal law. While the State registration of the credit organization with regard to its liquidation and State registration of the credit organization, created through reorganization, implemented in the manner stipulated by the Federal law "on State registration of legal entities and individual entrepreneurs", taking into account the peculiarities stipulated by this federal law and adopted in accordance with the normative acts of the Bank of Russia. Information and documents required for the State registration of the credit organization with regard to its liquidation and State registration of the credit institution, created by the reorganization are submitted to the Bank of Russia. The list of information and documents, as well as their submission shall be determined by the Bank of Russia.

Bank of Russia after the decision on the State registration of the credit organization with regard to its liquidation or the State registration of the credit institution, created by the reorganization shall submit to the Commissioner the registration authority the information and documents necessary for the implementation of this body functions to maintain the unified State Register of legal entities.
On the basis of the decision taken by the Central Bank of Russia, and presented them with the necessary information and documents to the authorized registration authority within five working days of receipt of the required information and documents introduced into the unified State registry of legal persons the appropriate entry and not later than the working day following the day of making the corresponding entry shall inform the Bank of Russia.
The interaction of the Bank of Russia and authorized registration authority on the State registration of the credit institution in respect of its liquidation or about State registration of the credit institution, created by the reorganization, shall be as agreed to by the Bank of Russia with the authorized registration authority.
State registration of the credit organization in connection with the liquidation shall be carried out within 45 working days from the date of submission to the Bank of Russia all designed in accordance with the established procedure documents.
State registration of the credit institution, created by the reorganization, if no decision on refusal of registration, shall be made within six months from the date of submission to the Bank of Russia all designed in accordance with the established procedure documents.
The Bank of Russia has the right to forbid the reorganization of a credit institution, if as a result of the Conference have reason to apply measures to prevent insolvency (bankruptcy), stipulated by the Federal law "on Insolvency (bankruptcy) of credit institutions".
In the event of termination of the activities of the credit institution on the basis of the decision of its founders (participants) of the Bank of Russia on the request of a credit institution shall decide on the revocation of a license for carrying out banking operations. Procedure for the submission of a credit organization specified motion is regulated by normative acts of the Bank of Russia.
If after the decision the founders of (or participants in) the liquidation of a credit institution, the Bank of Russia on the basis of article 20 of this federal law, shall decide on the revocation of her license for carrying out banking operations, decision of founders (participants) of a credit organization on its eradication and other related decisions of founders (participants) of a credit institution or a decision appointed founders (participants) of a credit organization liquidation Commission (liquidator) lose legal force. A credit institution shall be liquidated in accordance with procedures stipulated under article 23-1 hereof.
In case of cancellation or revocation of a license for carrying out banking operations credit institution within 15 days of making that decision returns the specified license to the Bank of Russia.
Founders (participants) a credit institution who decided on its liquidation, appoint a liquidation Commission (liquidator), claimed the intermediate liquidation balance sheet and the liquidation balance sheet credit organization in consultation with the Bank of Russia.
Liquidation of the credit institution shall be completed and credit organization its activity ceased after the introduction of the authorized registration authority a corresponding entry in the unified State Register of legal entities.
Article 23-1. Liquidation of the credit institution on the initiative of the Bank of Russia (compulsory liquidation) Bank of Russia within 15 days from the date of revocation of the credit organization license for carrying out banking operations shall be obliged to apply to the Arbitration Court to demand the Elimination of a credit institution (hereinafter referred to as the statement of the Bank of Russia on the liquidation of the credit institution), unless the license revocation to day credit institution, there are signs of insolvency (bankruptcy) stipulated by the Federal law "on Insolvency (bankruptcy) of credit institutions".
If a timed withdrawal of license for carrying out banking operations credit institution, there are signs of insolvency (bankruptcy), stipulated by the Federal law "on Insolvency (bankruptcy) of credit institutions", or the presence of these signs is established by the Bank of Russia appointed interim administration on the management of the credit institution after the day of revocation of credit institution specified licenses, Bank of Russia are drawn to the arbitral tribunal a statement of recognition of the credit organization insolvent (bankrupt) established by the Federal law on Insolvency (bankruptcy) of credit institutions ".

The arbitral tribunal considers the statement by the Central Bank of Russia on the liquidation of the credit institution in accordance with the rules established by the arbitration procedure code of the Russian Federation, and taking into account the peculiarities stipulated by this federal law. A statement of the Bank of Russia on the forced liquidation of a credit organization shall be considered by the Arbitration Court within a period not exceeding one month from the date of filing of the application. The arbitral tribunal shall decide on the liquidation of the credit institution and the appointment of a liquidator of the credit institution, if it is not found any signs of insolvency (bankruptcy) of credit institution on the day her revocation of a license for carrying out banking operations. When considering statements of the Bank of Russia on the forced liquidation of a credit organization preliminary hearing provided for Arbitration procedure of the Russian Federation.
The Arbitration Court shall decide on the liquidation of the credit institution to the Bank of Russia and authorized registration authority, which brings in the unified State Register of legal persons that the credit institution is in the process of elimination. ";
3) chapter II supplement articles 23-2-23-4 to read as follows: "article 23-2. Liquidator of a credit organization presentation of candidature of the liquidator of a credit organization to the Arbitration Court and the approval of the nominations of the arbitral tribunal shall be made in accordance with the stipulated by the Federal law "on Insolvency (bankruptcy) of credit institutions" for presentation and approval of the bankruptcy trustee of a credit organization.
Liquidator of a credit institution having the license of the Bank of Russia to attract cash assets of private individuals into deposits is deposit insurance agency.
Liquidator of a credit organization, did not have the license of the Bank of Russia to attract cash assets of private individuals into deposits, the arbitral tribunal alleges liquidator, in conformity with the requirements of the Federal law on Insolvency (bankruptcy) "and accredited at the Bank of Russia as of the bankruptcy trustee in bankruptcy of credit organizations.
Liquidator of a credit organization is embarking on its powers from the day of entry into force of the decisions of the arbitral tribunal on the liquidation of the credit institution and the appointment of a liquidator of a credit institution and is valid until the day of entering into the unified State registry of legal persons of record about the liquidation of the credit institution.
Liquidator of a credit institution in liquidation of the credit institution is required to act reasonably and in good faith and take into account the rights and legitimate interests of the creditors of the credit institution, society and the State. Liquidator of a credit institution in liquidation of the credit institution has the right and fulfills obligations stipulated by this federal law, not regulated them part-the Federal law on Insolvency (bankruptcy) of credit institutions "to the bankruptcy trustee of a credit organization.
Release or dismissal of the liquidator of the credit organization from Office shall be as provided for in the Federal law on Insolvency (bankruptcy) of credit institutions "for bankruptcy proceedings.
Article 23-3. The consequences of a decision by the arbitral tribunal on the liquidation of the credit institution decision of the arbitral tribunal on the liquidation of the credit institution enters into force from the day of its adoption. Appeal against the decision of the arbitral tribunal on the liquidation of the credit institution shall not suspend its execution.
From the date of entry into force of the decisions of the arbitral tribunal on the Elimination of the consequences of a credit institution specified in the Federal law "on Insolvency (bankruptcy) of credit institutions" for the case of recognition of a credit organization insolvent (bankrupt).
Article 23-4. Regulation of the liquidation procedures of the credit organization Liquidation of the credit institution shall be made in the manner and in accordance with the procedures envisaged by the Federal law on Insolvency (bankruptcy) of credit institutions "for bankruptcy proceedings, with the characteristics established by this federal law.
Lenders closing credit organizations have rights under this federal law, not regulated them part-the Federal law on Insolvency (bankruptcy) of credit institutions ". Liquidator of a credit institution is required to hold the first meeting of creditors of the credit institution being liquidated no later than 60 days after the date of expiry of the deadline for presentation of claims by creditors.
Supervision of the liquidator of the credit institution, the order of presentation of his reporting to the Bank of Russia, as well as checking the Bank of Russia of the liquidator of the credit organization activities are carried out in the manner prescribed by the Federal law on Insolvency (bankruptcy) of credit institutions "for bankruptcy proceedings.

The closing date for submission of claims of creditors of the credit institution, the liquidator of the credit institution is the intermediate liquidation balance sheet, which shall contain information on the composition of the assets of the credit institution being liquidated, a list of the claims of creditors of the credit institution, as well as the results of their consideration. The intermediate liquidation balance sheet shall be considered at the meeting of creditors and (or) meeting of the Committee of creditors of the credit institution and after such a review, to be agreed with the Bank of Russia.
Satisfaction of the claims of creditors of the credit institution shall be carried out in accordance with the intermediate liquidation balance sheet, starting from the day of its approval of the Bank of Russia and the order of priority under the Federal law on Insolvency (bankruptcy) of credit institutions ".
Order of operations with the assets of the credit institution not included in accordance with the Federal law on Insolvency (bankruptcy) of credit institutions "in the composition of the estate in the case of insolvency (bankruptcy) of credit institutions is determined by the specified by federal law.
If the available credit institution funds are insufficient to meet the claims of creditors of the credit institution, the liquidator of the credit institution sells the assets of the credit institution in the manner prescribed by the Federal law on Insolvency (bankruptcy) of credit institutions ".
The deadline for the Elimination of a credit institution may not exceed 12 months from the date of entry into force of the decisions of the arbitral tribunal on the liquidation of the credit institution. This period may be extended by the Court of arbitration at the substantiated request of the liquidator of the credit institution.
If during the liquidation procedure of the credit institution, it appears that the value of the property of a credit institution in respect of which the decision on liquidation, is insufficient to meet the claims of creditors of the credit institution, the liquidator of the credit organization must send to the arbitral tribunal a declaration of acceptance of the credit organization insolvent (bankrupt).
Report on the results of the liquidation of the credit institution with the application liquidation balance shall be heard at the creditors ' meeting or a meeting of the Committee of creditors of the credit institution and approved by the Court of arbitration in the manner provided by the Federal law on Insolvency (bankruptcy) ".
Definition of arbitration court approval of the report of the liquidator of the credit institution on liquidation results and complete elimination of a credit institution the liquidator of a credit institution is required to submit to the Bank of Russia with the application documents prescribed by normative acts of the Bank of Russia for the implementation of the State registration of the credit organization in connection with the liquidation, in ten-day's term from the date of making such a determination. "
Article 4 paragraph three of article 33, paragraph 3 of the Federal law of December 26, 1995, N 208-FZ "about joint-stock societies" (collection of laws of the Russian Federation, 1996, no. 1, p. 1; 2001, no. 33, art. 3423) supplemented by the following sentence: "the specified restrictions on the issue of bonds shall not apply to the issuance of mortgage-backed bonds.
Article 5 Paragraph 2 of article 31 of the Federal law dated February 8, 1998, N 14-ФЗ "About societies with limited liability" (collection of laws of the Russian Federation, 1998, no. 7, p. 785) supplemented by the following sentence: "the specified restrictions on the issue of bonds shall not apply to the issuance of mortgage-backed bonds.
Article 6 1. The provisions of articles 23-1-23-4 of the Federal law "on banks and banking activities" (as amended by federal law from February 3, 1996 N 17-FZ), as amended by this federal law, shall apply in respect of credit institutions, the liquidation procedure which at the date of the entry into force of this federal law have not been carried out or have not been started.
2. When the arbitral tribunal dismissal of the liquidator of the credit institution appointed before the date of entry into force of this federal law, the arbitral tribunal on the request of the Bank of Russia in the manner provided by section 23-2 of the Federal law "on banks and banking activities" (as amended by federal law from February 3, 1996 N 17-FZ), as amended by this federal law, the liquidator may approve credit institution deposit insurance agency.
The President of the Russian Federation v. Putin Kremlin, Moscow, N 192 December 29, 2004-FZ

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