On Amendments To The Federal Law On Insolvency (Bankruptcy) Of Credit Institutions "and Repealing Certain Acts (Provisions Of Legislative Acts) Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О несостоятельности (банкротстве) кредитных организаций" и признании утратившими силу некоторых законодательных актов (положений законодательных актов) Российской Федерации

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Spconsumed by Federal Law of December 22, 2014. N 432-FZ RUSSIAN FEDERATION FEDERAL LAW On amendments to the Federal Law "On insolvency (bankruptcy) of credit organizations" and recognition of redundant Russian Federation adopted by the State Duma on July 31, 2004 class="ed"> Federal laws of 1 December 2007 N 303-FZ; of 28 April 2009 N 73-FZ; dated 28.07.2012. N 144-FZ) Article 1 (...) (...) 1097; 2000, N 2, st. 127; 2001, N 26, est. 2590; N 33, st. 3419; 2002, N 12, st. 1093; 2003, N 50, sect. 4855) the following changes: 1) in Article 2: (a), paragraph 1, should be added to the following paragraph: " For the purposes of this Federal Act, under the obligation of the credit institution to pay the mandatory payments is understood to be the responsibility of the credit institution as an independent taxpayer in the payment of mandatory payments to the respective budgets, which are defined in accordance with Federal Law " About insolvency (bankruptcy) "as well as the obligation of the credit organization to execute instructions (orders) to transfer from the accounts of its clients the mandatory payments to the appropriate budgets."; b) in paragraph 2 of the word "one month from the moment" Replace the words "fourteen days from the day" with the words "and (or) the obligation to pay"; (2) in article 3: (a), paragraph 1, amend to read: " 1. In accordance with this Federal Law, the following measures to prevent the bankruptcy of credit institutions are being implemented until the day of revocation of the banking license: 1) the financial rehabilitation of the credit institution. For the purposes of this Federal Act, the financial health of the credit institution means the extrajudicial enforcement of the measures stipulated in article 7 of this Federal Law; 2) the appointment of an interim administration. Managing the credit institution (hereinafter referred to as the interim administration), except for the appointment of a provisional administration in connection with the withdrawal of the banking licence; 3) reorganization of the credit institution. "; b) in paragraph 2: in paragraph 2 "accept" to read "must accept"; paragraph 3 should read as follows: " The Bank of Russia in accordance with the procedure established by Bank of Russia regulations, in case of occurrence, under article 4 of this Federal Act, may require the credit institution to implement measures for its financial rehabilitation, reorganization and also to appoint a provisional administration. "; maintenance: "Requirement for implementation of financial measures" The Bank of Russia is not obliged to revoke the banking license for one or more of the grounds provided for in article 20, paragraph 2, of article 20 of the Federal Act. "About banks and banking activities" (as amended by the Federal Act dated 3 February 1996 N 17-FZ) (hereinafter referred to as the Federal Law "On Banks and Banking Activities"). "; 3) in article 4: (a) in the second paragraph of the second word delete, after the word" creditors ", add" (creditor) "after the word" obligations " to supplement In the words "(commitment)", the words "from the moment" should be replaced by the words "from the day"; b) in the third word "separate", after the word "creditors", after the word "creditor", after the word "obligations", add the word "(obligation)"; (c) paragraph 4, after "absolute reduction" In addition to the word "quantities"; g), add the following sentence to read: " In case of occurrence of a specified basis within the first two years from the day of the issuance of the banking licence to credit, The organization does not apply bankruptcy prevention measures. "; 4) to supplement article 4-1 as follows: " Article 4-1. The responsibility of the credit organization to the grounds for implementing the measures bankruptcy 1. The credit institution is obliged to notify the Bank of Russia (Bank of Russia) of the holding of general meetings of founders (participants) from the day of the establishment of the grounds stipulated by Article 4 of this Federal Law and until the day of their elimination. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2) on transactions (several related Transactions): with persons interested or affiliated to the credit institution by persons determined in accordance with federal law or with persons against whom the credit institution is subject to federal law is the person concerned, or with persons against whom the credit institution is able, directly or indirectly (through a third person), to have a significant impact on decisions taken by their authorities or with persons who have the opportunity, directly or indirectly (through a third person), to provide substantial the impact on the decisions taken by the credit institution's management bodies; related to the disposition of the assets of the credit institution, the value of which amounts to more than 1 per cent of the book value of the credit institution's assets, According to the bank's financial reports, as of December 1, 2015, the bank's assets amounted to RUB 115,009 million. The administration of immovable property, the receipt and issuance of loans and loans, Promissory notes, with securities (including issuance of equity), guarantees and surety, assignment of rights (claims), adoption and forgiveness of debt, novations, soles, as well as with the establishment of trust Management; related to the acquisition of shares (shares) in the authorized capital of economic entities or with participation in the establishment of other legal entities. 2. Notification of the transactions referred to in paragraph 1 of this article shall be sent by the credit institution to the Bank of Russia within five days from the date of the transaction. Notice of the general meeting of the founders (participants) of the credit institution, the meeting of its board of directors (the supervisory board) shall be sent to the Bank of Russia no later than five days before the day of such meeting, the meeting, except where the grounds provided for in article 4 of this Federal Act have arisen within the time limit for the notice given by this paragraph. In this case, the credit institution shall notify the general meeting of the founders (participants) of the credit institution and the meeting of its board of directors (the supervisory board) no later than the day following the date on which the grounds arose, as provided for in article 4 of this Federal Act. 3. A credit institution with the grounds stipulated by article 4 of this Federal Law and implementing measures for financial recovery without the Bank of Russia providing the requirements stipulated by Article 12 of this Federal Law, shall cease to notify the Bank of Russia of the events referred to in paragraph 1 of this Article from the date of removal of the grounds provided for in article 4 of this Federal Law. 4. The Bank of Russia has the right to send an observer (observers) to participate in the general meeting of the founders (participants) of the credit institution and the meeting of its board of directors (supervisory board). Observer (observers) is allowed to participate in the general meeting of the founders (participants) of the credit institution, the meeting of its board of directors (supervisory board) on the basis of the decision of the Bank of Russia. Observer (observers) takes part in the general meeting of the founders (participants) of the credit institution, the meeting of its board of directors (supervisory board) without the right to vote, meets the protocols and Other materials of such a meeting, meetings. "; 5) article 5, amend to read: " Article 5. Procedures in the bankruptcy of the credit organization 1. When the arbitral tribunal is seized of the bankruptcy case of the credit institution (hereinafter referred to as the bankruptcy case), the insolvency proceedings shall be used. 2. Under the bankruptcy of the credit institution, supervision, financial recovery, external management, and the global agreement, as provided for by the Federal Law "On insolvency (bankruptcy)", do not apply. "; 6), article 6 is to be repealed power; 7) in article 9-1: (a), paragraph 2, should be added to the following paragraph: " If the credit institution has failed to take a decision on its liquidation within three months from the end of the financial year Russia is obliged to apply to the arbitration court with a statement on the liquidation of this document. credit institution. "; b)(Sprag-Federal Law of 28 April 2009). N 73-FZ ) 8) in article 11: a) in paragraph 1 of the word ", and if its constitution is not provided for by its constituent documents-to the general meeting of the founders (s) of the credit organization" delete; b) in Paragraph 3 of the words "The Authority of the Credit Organization, which" shall be replaced by the words "the board of directors (supervisory board) of the credit institution, to which", the word "must" should be replaced by the word "must"; , paragraph 4, amend to read: " 4. The head of the credit institution is obliged to apply to the Bank of Russia for a period of three days from the expiration of the period stipulated by paragraph 3 of this article for the implementation of measures to prevent the bank's bankruptcy. The directors (supervisory board) of the credit institution did not take a decision on the application for bankruptcy measures within the time limit set by paragraph 3 of this article or refused to take a decision on the implementation of the measures the prevention of bankruptcy, or refused to convene a general meeting of founders (c) Credit organization, if the need for such a meeting arises from the substance of the measures for the prevention of the bankruptcy of the credit institution, or if the founders (participants) of the credit institution did not take a decision on the implementation of the measures If the need for such a decision arises from the substance of the measures to prevent the insolvency of a credit institution. "; 9), article 12, amend to read: Article 12. Implementation of financial health measures of the credit institution at the request of the Bank of Russia 1. In the cases provided for in article 4 of this Federal Act or article 74 of the Federal Law of 10 July 2002, No. 86-FZ " On the Central Bank The Bank of Russia has the right to submit a request to the credit institution for the implementation of measures for its financial recovery. Such a requirement should contain an indication of the reasons for its referral, as well as recommendations on the modalities and timing of the measures for the financial recovery of the credit institution. Within five days of receiving a request from the Bank of Russia on the implementation of measures on financial recovery of the credit institution, the head of the credit institution is obliged to apply to the board of directors (supervisory board) of the credit institution. The organization with a request for the implementation of measures for the financial rehabilitation of the credit institution and (or) application for its reorganization. 2. In case the credit institution and (or) the results of a check by the Bank of Russia revealed that the amount of its own funds (capital) was less than the amount of its authorized capital, The Bank of Russia is obliged to send to such a credit institution a requirement to adjust the size of the authorized capital of the credit institution and the amount of its own funds (capital). If in the last 12 months prior to the moment when the Bank of Russia is required by this article to submit to the credit institution a requirement to adjust the size of the authorized capital of the credit institution The organization and values of its own funds (capital), the Bank of Russia has changed the method of calculation of the size of its own funds (capital) of the credit institution, for the purposes of this article the method according to which the amount of own The credit institution's capital (capital) reaches its maximum value. If it is impossible to increase the amount of its own funds (capital) to the size of its authorized capital, the credit institution is obliged to reduce it within 45 days from the date of receipt of the said requirement of the Bank of Russia. The size of the charter capital up to a value not exceeding its own funds (capital) and to amend its constituent instruments accordingly. Creditors of the credit institution (hereinafter also creditors) shall not be entitled to demand the termination or early fulfilment of the obligations of the credit institution on the basis of a reduction made in accordance with the requirements of this article. The size of the authorized capital. It does not apply the provisions of the Russian Federation's legislation on the obligation to notify creditors of their right to require the credit institution to terminate or advance its obligations and to recover the resulting losses. 3. "From the date of receipt of the request of the Bank of Russia on the implementation of measures on financial recovery of the credit institution, containing the grounds for its direction, the credit institution is not entitled to receive a credit institution until the day of receipt of the corresponding permission of the Bank of Russia," the bank said. Decision on distribution of profits between its founders (participants), payment (declaration) of dividends, as well as distributing profits between its founders (participants), paying them dividends, meeting the requirements of the founders (participants) of credit the allocation of a share (part of the share) or the payment of its actual The cost or purchase of the shares of the credit institution. 4. The Bank of Russia within five days from the date of receipt of a credit institution implementing measures for financial recovery in accordance with the Bank of Russia's request to document the elimination of the grounds stipulated by Article 4 of the Bank of Russia The Federal Act is required to send a message to the credit institution to cancel the requirement for financial recovery. The date of receipt of such a communication by the credit institution shall not apply the restrictions referred to in paragraph 3 of this article and terminate the duties of the credit institution provided for in Article 4-1 of this Federal Law. The establishment of the grounds for the implementation of measures to prevent bankruptcy. 5. In the event of the grounds provided for in article 4 of this Federal Law, the Bank of Russia is entitled to require the credit institution to conduct a credit institution within ten days of the Board's meeting. Directors (supervisory board) of the credit institution or the extraordinary general meeting of the founders (participants) of the credit institution to decide on the implementation of measures for financial rehabilitation of the credit institution. "; 10) Article 13: (a), amend to read: " 1. In case of establishment of the grounds provided for in Article 4 of this Federal Law, the Bank of Russia may require the credit institution to develop and implement a plan of measures for financial recovery. "; b) , to read: " 3. The procedure and deadlines for the submission of the plan of measures for the financial rehabilitation of the credit institution, as well as the procedure and deadlines for the monitoring thereof, shall be established by the Bank of Russia regulations. "; , to read: " Article 14. The responsibility of the founders (participants), members of the board of directors (supervisory board), credit institution managers 1. In case of bankruptcy of the credit institution by the fault of its founders (participants), members of the board of directors (supervisory board), the heads of the credit institution, who are entitled to give directions to the credit institution The arbitral tribunal may be given a subsidiary responsibility under the obligations of the credit institution. The bankruptcy of a credit institution is considered to be the fault of its leaders, who are entitled to give instructions to the credit institution or otherwise determine its actions, if the court, The arbitral tribunal found that the persons concerned had provided instructions, either directly or indirectly, to bring the credit institution to bankruptcy, or if the court, the arbitral tribunal, found that the persons concerned had not committed the acts that they had taken In accordance with this Federal Act, it has been the duty of the Prevent the bankruptcy of the credit institution. Bankruptcy of the credit institution is assumed to be the fault of its founders (participants), members of the board of directors (supervisory board) who have the right to give directions mandatory for the given credit organization It is possible otherwise to determine its actions, if the court, the arbitral tribunal determines that the persons in issue have provided instructions, directly or indirectly, to bring the credit institution to bankruptcy. 2. The founders (participants) of the credit institution, recognized by the court, by the arbitral tribunal guilty of bringing the credit institution to bankruptcy, shall not be entitled within 10 years from the date on which the arbitral tribunal issued the decision on the recognition of the credit institution. Bankrupt purchase of shares (shares) of another credit institution amounting to more than 5 per cent of its authorized capital. 3. Members of the board of directors (supervisory board), heads of credit organizations recognized by the court, by the arbitral tribunal found guilty of bankruptcy in accordance with the requirements of paragraph 1 of this article, in accordance with the procedure established by federal law, may be deprived of the right to hold the positions of heads of credit organizations. 4. In the event of failure to take measures for the financial rehabilitation of the credit institution and in case of violation of the requirements of articles 11 and 12 of this Federal Law, the head of the credit institution may be held liable according to Federal law. 5. The credit institution's executives are recognized as credit institution managers in the Federal Law "On Banks and Banking" "."; 12) in article 15: (a) the name after the word "requirements" to be supplemented by the words "of chapter II"; (b) after "Failure to comply" with the words "by the credit institution", the words " article 9, paragraph 3, Article 11, paragraphs 3 and 4, 12, paragraph 2, and 13, paragraph 3 of this Federal Act "replace the words" by this chapter "; 13) in article 17, paragraph 1, subparagraph (1), the word" individual "should be deleted after the word" creditors "after the word" creditor "after the word" obligations "with the word" obligations ". "(commitment)"; 14) in article 18: (a) in paragraph 1, the word "nine" should be replaced by the word "six"; (b), paragraph (2) should be replaced by: paragraph (4) should read: " 4. The temporary administration, designated by the Bank of Russia after withdrawing from the credit institution of the license to carry out banking operations, shall exercise its powers in the credit institution provided by this Federal Law from the day of its before the date on which the arbitral tribunal issued the decision to declare the credit institution bankrupt and of the commencement of the insolvency proceedings (approval of the insolvency representative), or until the date of entry into force of the decision of the arbitral tribunal on the appointment liquidator of the credit institution (also liquidator). "; (15) Article 19, paragraph 2, should read: " 2. The composition of the interim administration is determined by the order of the Bank of Russia. The Head of the Interim Administration distributes duties among the members of the interim administration and is responsible for its activities. The provisional administration, in consultation with the State Corporation, "Deposit Insurance Agency" (hereinafter referred to as the Agency) may include its employees. "; 16) in article 21: (a) paragraph 4 of paragraph 2, The following wording: " appeals to the Bank of Russia for the suspension of the authority of the credit institution if they impede the exercise of the functions of the provisional administration or if it is necessary for Arrangements for the prevention of the bankruptcy of the credit institution. For the purposes of this Federal Act, obstructing the exercise of the functions of the interim administration shall be understood to be the commission by officials of a credit institution or persons acting on their behalf, unlawful acts, or their inaction Failure to comply with the federal law, including failure to provide, under federal law, documents for the negotiation of transactions), as well as the creation of conditions under which the interim administration may not fully or Part of the functions assigned to it by the Federal by the Bank of Russia's law and regulations. "; b) in paragraph 3: in the third paragraph, the word" translation "should be replaced by the word" acceptance "; paragraph 4 should read as follows: " with interested or Affiliated in respect of a credit institution by persons determined in accordance with federal law, or with persons against whom the credit institution is the person concerned, or with persons, in accordance with federal law the relationship of which the credit institution has an opportunity, directly or indirectly, (through a third person) to have a significant impact on decisions taken by their authorities or with persons who have the opportunity, directly or indirectly (through a third person), to have a significant impact on the decisions taken by the authorities in paragraph 2 of article 22: (a), in the second paragraph of the word "management of the credit institution", replace the words "the manager, other employees of the credit institution and other persons"; b) with the following paragraphs: " has Unimpeded access to all premises of the credit institution; right, if necessary, to seal the premises of a credit institution. "; 18), article 22-1 is supplemented by paragraphs 3 to 14 as follows: " 3. The Interim Administration, following the withdrawal of a banking licence from the credit institution, determines whether there is evidence of a deliberate bankruptcy and notifies creditors that an application for recognition has been accepted by the arbitral tribunal The credit institution is bankrupt by publishing within 10 calendar days at the expense of the funds of the credit institution of "Bulletin of the Bank of Russia" and in a periodical printed publication at the place of the credit institution. The provisional administration shall disclose the financial position of the debtor to the Bank of Russia within 10 calendar days following the application by the arbitral tribunal of the application for recognition of the credit institution bankrupt. Interim administration, when the arbitral tribunal considers the application of the Bank of Russia to declare a credit institution bankrupt, presents a conclusion on the financial condition of the debtor, the composition of creditors and the existence of signs of deliberate intent bankruptcy. 4. Fulfiller by the credit institution after the revocation of the banking licence until the day of commencement of the insolvency proceedings of the current liabilities (including the commission of transactions entailing current transactions) under this Federal Law, it is based on an estimate of the costs approved by the Bank of Russia. Types of transactions performed by a credit institution since the revocation of the banking license, including transactions related to the spending of cash and other disposition of the property of the credit institution, and the order of their transactions The implementation is established by the Federal Law "On Banks and Banking Activities" and the Bank of Russia regulations adopted in accordance with it. 5. The interim administration is entitled to apply to the credit institution in case of insufficient funds to fulfill the current liabilities of the credit institution relating to the preservation of its property and the protection of the interests of the creditors of the credit institution. The court, the arbitration court, issued a statement on the withdrawal of previously imposed arrests on funds held in bank accounts in the amount necessary to ensure the functioning of the credit institution in accordance with the cost estimates approved by the Bank of Russia. 6. In order to establish creditors of the credit institution and the size of their claims to a credit institution, the interim administration shall be entitled to take into account the requirements of creditors in the register of creditors in the manner prescribed by paragraphs 7 to 12 of this article The Bank of Russia's regulatory act is established by the Bank of Russia's regulatory act in agreement with the Agency. 7. In order to provide creditors of the credit organization with their claims to the credit institution, the interim administration shall send for publication in an official publication determined by the Government of the Russian Federation in accordance with the Federal Act. The insolvency (bankruptcy) law is also published in the Bank of Russia's Bulletin and the periodical printed publication at the location where it is located Credit Organization Declaration of Credit The organization (name and other details), the address of the credit institution, information about the interim administration. The declaration shall be published at the expense of the credit institution. 8. Creditors of a credit institution are entitled to submit their claims against the credit institution at any time during the period of the provisional administration. When such claims are submitted, the creditor is obliged to state, in addition to the substance of the requirements, information about himself, including the name, first name, patronymic, date of birth, identity documents, and mailing address for the sending correspondence (for a natural person), name, location (for legal person), as well as bank details (if any). A person making a claim to a credit institution is obliged to inform the provisional administration in a timely basis of the change in the particulars referred to in the first paragraph of this paragraph. In the event of failure to submit such information or late submission, the interim administration and the credit institution shall not be liable for any damages caused by it. 9. The requirement for a credit institution with the application of court decisions that have entered into force, the arbitral tribunal, the determination to issue an executive sheet for enforcement of decisions of the arbitral tribunal or other judicial acts, as well as other genuine decisions. The documents or their duly certified copies supporting this claim shall be presented to the interim administration. 10. The interim administration shall consider the claim presented and, after review not later than 30 working days from the date of receipt of the claim, shall submit it to the register of creditors as appropriate. In the same period, the interim administration shall notify the appropriate creditor of the inclusion of its claim in the creditor's register or the refusal to include it in the register or the inclusion of the claims in the register in a limited amount. Where a creditor's claim is made to the register of creditors in an appropriate notice to the creditor, details are given of the size and composition of its claim against the debtor and the order of its satisfaction. 11. On the basis of the creditors 'claims, the interim administration shall establish a register of creditors' claims in which the creditors who have submitted their claims, the size of such claims, the order of priority the satisfaction of each such requirement and the reasons for their occurrence. 12. In the register of creditor claims, claims of creditors are taken into account in the currency of the Russian Federation. The requirements of the creditors denominated in foreign currency are taken into account in the register of creditor claims in rubles at the rate set by the Bank of Russia on the day of revocation of the banking license from the credit institution. 13. The register of claims of creditors of the credit institution shall be transmitted to the insolvency representative or to the liquidator of the credit institution in accordance with the procedure established by article 31, paragraph 2, of this Federal Law. 14. Claims against the lenders during the period of the provisional administration, but not considered by the provisional administration on the date of expiry of its terms of office in accordance with the procedure established by paragraphs 6 to 12 of this article, shall be submitted to the insolvency representative or the liquidator of the credit institution in accordance with the procedure established by article 31, paragraph 2, of this Federal Law. "; " 3. Obstruction by management, other members of the credit institution and other persons of the functions of the interim administration (including interference with access to credit facilities, access to its documentation and other "The Bank of Russia is responsible for the application of the measures provided for by the federal law and is punishable under federal law." (b) supplement paragraph 4 with the following: " 4. In case of suspension of the powers of the executive bodies of the credit institution for the period of the provisional administration, the single executive body of the credit institution, which had the right prior to the appointment of the interim administration to act from The estate of the credit institution is entitled to represent the interests of the credit institution in the arbitral tribunal upon appeal of the decision of the Bank of Russia on the appointment of the provisional administration, the appeal of the Bank of Russia's order to withdraw the license for the banking business. operations. "; 20) in article 26: a) in paragraph 2: Paragraph 2 should read as follows: " shall not be assessed by law or contract (fines, penalties), interest, other financial sanctions or other measures of liability for non-compliance, or Improper performance by the credit institution of monetary liabilities and (or) obligations to pay the mandatory payments (hereinafter referred to as the financial sanctions); "; paragraph 4 should read as follows: " is suspended Implementation of the executive documents, except in the case of Paragraph 3 of this article; "; , paragraph 6, amend to read: " The amount of the creditor's claims on monetary obligations and (or) mandatory payments denominated in the currency of the Russian Federation, The size of the Bank of Russia's two third refinancing rate is calculated on the day of the moratorium (excluding accrued interest). The amount of interest earned on the day of the application of the stay (excluding accrued interest) is calculated on the amount of the creditor's claims and (or) mandatory payments denominated in foreign currencies on the basis of the average rate Bank interest on short-term foreign currency loans provided at the creditor's location. The accrued interest is payable after the end of the stay. "; b), paragraph 3, should be supplemented with the following paragraph: " for the execution of executive documents issued before the day of the application of the stay on the basis of Decisions on the recovery of the debt of the credit institution on contracts of bank deposit and bank account contracts with individuals. "; 21) in article 28: (a), paragraph 1, after the words" may be recognized " by the word "court", the words " the civil law of the Russian Federation and "The insolvency (bankruptcy)" is replaced by the words "federal law"; (b), paragraph 2, as follows: " 2. A transaction performed by a credit institution within three years prior to the appointment of a provisional administration may be judged by a court, by an arbitral tribunal, invalid upon application by the head of the provisional administration or creditor of credit in cases where the price of the said transaction and other conditions are substantially different from the price and other conditions under which similar transactions are made in comparable circumstances. "; 22) in the article 29: a) in part one of the word "including labour costs" members of the interim administration, "delete; b) to supplement the third and fourth parts of the following content: " The costs of the interim administration within the estimates approved by the Bank of Russia are to be met in extraordinary terms. Order. If there is no money on the correspondent account of the credit institution, the sale of foreign currency may be carried out at the disposal of the head of the interim administration within the amount approved in the cost estimate. the credit institution in the correspondent accounts in other credit organizations and the proceeds credited to the correspondent account of the credit institution in the Bank of Russia's establishment. "; 23) in article 31: (a) paragraph The third paragraph 1 should read: " after The arbitral tribunal's decision to declare the credit institution bankrupt and to open a competitive process (approval of the insolvency representative) or the entry into force of the decision of the arbitral tribunal to appoint a liquidator; "; b) Paragraph 2 should read: " 2. If the credit institution is declared bankrupt or a decision on the forced liquidation, the interim administration shall not later than three days after the date on which the arbitral tribunal has rendered its decision to declare the credit institution bankrupt and The commencement of the insolvency proceedings (the approval of the insolvency representative) or the day of the entry into force of the decision of the arbitral tribunal on the appointment of the liquidator is obliged to hand over the seals and stamps of the credit institution, and within a period not exceeding 10 days, accounting and other documentation, including register of creditor claims The organization, material and other values of the credit institution adopted by the credit institution's executive bodies in accordance with article 23, paragraph 2, of this Federal Act. The procedure for termination of the provisional administration shall be established by Bank of Russia regulations. "; 24) of chapter V and VI shall be declared void; 25) to be supplemented by chapters VI-1 and VI-2 to read as follows: " Chapter VI-1. Proceedings for the bankruptcy of the credit organization Article 50-1. The procedure for dealing with the bankruptcy of the credit organization The bankruptcy of the credit institution is considered by the arbitral tribunal according to the rules established by the Code of Arbitration of the Russian Federation, By this Federal Law or in an irregular situation, the Federal Law on Insolvency (Bankruptcy). Article 50-2. The persons involved in the bankruptcy case 1. The persons involved in the bankruptcy case are: 1) the credit institution of the debtor (also the credit institution); 2) the insolvency representative; 3) insolvency creditors; 4) Commissioners The authorities designated under the Federal Law on Insolvency (bankruptcy) (hereinafter referred to as the competent authorities); 5) of the Russian Federation Oversight. 2. Persons not referred to in paragraph 1 of this article may not have the rights of persons participating in the bankruptcy case. Article 50-3. Persons involved in the bankruptcy arbitration case In the bankruptcy arbitration process: 1) representative of the credit institution's employees; 2) representative of the founders (participants) of the credit institution; 3) representative of a meeting of creditors or a representative of the creditor committee of the credit institution; 4) other persons in cases provided for by Arbitration of the Russian Procedural Code of the Russian Federation and the Federal Law on Insolvency (Bankruptcy). Article 50-4. Contacting the arbitral tribunal 1. The right to petition the arbitral tribunal to declare credit institution bankrupt: 1) Credit Organization; 2) Competitive Creditors, including Persons entitled to Credit Requirements (c) The organization of the banking deposit and (or) agreement of the bank account; 3) authorized bodies; 4) the Bank of Russia, including in cases where it is not a creditor of the credit institution. 2. The right of recourse to an arbitral tribunal with a declaration of acceptance of a credit institution by a bankrupt arises from a creditor or an authorized monetary authority when the credit institution has revoked the licence to exercise Banking transactions, if the requirements for monetary obligations are confirmed by a decision or other act of the court, the arbitral tribunal, the determination of the execution of the decision of the arbitral tribunal Irrespective of the direction (submission to execution) of the executive document in OF THE PRESIDENT OF THE RUSSIAN FEDERATION The right of recourse to an arbitral tribunal with a declaration of acceptance of a credit institution by the bankrupt authority arises from the authorized body for mandatory payments upon the withdrawal of the banking licence from the credit institution, If the claim for payment of mandatory payments is confirmed by the decision of the tax authority or the customs authority to recover the debt at the expense of the property of the credit institution, regardless of the expiry of the period stipulated in Article 7 of the Federal Law "On insolvency (bankruptcy)" 3. If the credit institution has revoked licenses for banking transactions, the Bank of Russia will be able to publish the bank's insolvency license within five days from the date of publication of the decision. The credit institution's revocation of the banking license in the Bank of Russia's Bulletin is obliged to apply to the arbitration court with a statement on the recognition of the credit institution bankrupt. In case of detection of a temporary administration by the Bank of Russia after the credit institution has revoked the license for banking operations, the Bank of Russia's insolvency (bankruptcy) of the Bank of Russia during the period Five days from the date of receipt of the application of the interim administration, the application for the recognition of the credit institution is forwarded to the arbitral tribunal. 4. When the Bank of Russia appeals to the arbitration court with a statement on the recognition of the credit institution bankrupt, the evidence submitted by the Bank of Russia is bankrupt (bankruptcy) provided by this Federal Republic. by law. The rules under article 6, paragraph 3, and article 7, paragraph 2, of the Federal Law on Insolvency (Bankruptcy)are not applicable. 5. The persons referred to in paragraphs 1, 2 and 3 of paragraph 1 of this article are entitled to apply to the Bank of Russia for revocation of the license to carry out banking operations under the conditions set out in article 2 of the present article. of the Federal Law, with the application of documents confirming the existence of monetary obligations and (or) arrears of the payment of debts to the credit institution, as well as their size, which is determined on the date of submission of the said declaration in accordance with the law with the requirements of article 4, paragraph 2, of the Federal Law "On insolvency (bankruptcy)". When the Bank of Russia considers the application of a insolvency representative or a statement from a credit institution Bank operations licences take into account claims for monetary obligations confirmed by a legally enforceable decision or other act of the court, arbitral tribunal, determination of the issuance of the executive sheet to the enforcement of the decision of the arbitral tribunal. When the Bank of Russia is considering the application of the authorized body to withdraw the banking license from the credit institution, the requirements for payment of mandatory payments are taken into account if they are confirmed The decision of the tax authority or the customs authority to recover the debt from the property of the credit institution. The right to appropriate appeal to the Bank of Russia arises from the insolvency representative or the authorized body on monetary liabilities after 14 days from the date of the submission (presentation to execution) of the executive document in OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Bank of Russia's right to the appropriate appeal arises from the Commissioner for Mandatory Payments on the expiry of 14 days from the day of the adoption of the decision referred to in the third paragraph of this paragraph. 6. The persons referred to in paragraphs 1, 2 and 3 of paragraph 1 of this article, which sent to the Bank of Russia to withdraw from the credit institution the license for the conduct of banking transactions, in case of failure to receive a reply from the Bank of Russia after two months from The day of the day of the said declaration or receipt of withdrawal from the credit institution of the said license has the right to apply to the arbitration court with a statement on the recognition of the credit institution bankrupt. Article 50-5. Claims of credit institution recognition bankrupt 1. The credit institution's declaration of bankruptcy must comply with the requirements of the Federal Law "(bankruptcy)" for a declaration of the debtor, taking into account the characteristics set by this Federal Law. The application of the insolvency representative or the authorized body to declare a bankrupt credit institution must meet the requirements of the Federal Law "On insolvency (bankruptcy)" for a claim by the insolvency representative, the authorized body, taking into account the features set by this Federal by law. 2. A copy of the credit institution's declaration of recognition of its bankrupt and copies of the annexed documents are forwarded by the applicant to the Bank of Russia and, in the case provided for in article 50, paragraph 1, paragraph 1, of this Federal Act, also to the Agency. by registered letter of delivery or by delivery to the addressee directly at its location. The message about the acceptance by the arbitral tribunal of the application of the credit institution to declare it bankrupt is to be published by the credit institution in a periodical publication at the location of the credit institution and its subsidiaries. A copy of the statement of the competent authority on the recognition of the credit institution bankrupt and copies of the annexed documents are sent to the Bank of Russia, credit institution, (a) In the case referred to in article 50, paragraph 1, paragraph 1, of this Federal Act, the Agency shall also be registered with a notice of service or delivery to the addressee directly at the place where it is located. 3. In a statement by the Bank of Russia, the arbitration court must specify: 1) its name and location; 2) the name of the arbitral tribunal to which the application is filed; (3) the name of the credit institution and its location; 4) the number and the date of the Bank of Russia's order to withdraw the license from the credit institution for banking operations; 5) the circumstances indicating The existence of signs of insolvency (bankruptcy) by the credit institution, established by this Federal Law, as well as evidence supporting these circumstances; 6) a list of attached documents. 4. In a statement issued by the Bank of Russia on the recognition of the bankrupt credit institution, other particulars may be specified, if they are necessary for the correct and timely consideration of bankruptcy proceedings, and include petitions, including a motion for The discovery of evidence. 5. The Bank of Russia is obliged to send to the credit institution, and in the case stipulated by the first paragraph 1 of Article 50-20 of this Federal Law, also to the Agency a copy of the application for recognition of the credit institution bankrupt and copies of the annexed to the credit institution. The documents are registered by a registered letter with a notice of service. Article 50-6. Documents attached to the Statement of Recognition of Bankrupt Credit Organization 1. To the application of the credit institution, the insolvency representative or the authorized body for the recognition of credit institution bankrupt, along with the documents provided for by the Code of Arbitration of the Russian Federation and Federal Law " On insolvency (bankruptcy) ", enclosed: 1) notification of the service to the Bank of Russia and, where necessary, to the Agency the admission of the credit institution bankrupt and copies of the attached "notice of service to the Bank of Russia in accordance with the procedure provided for in Article 50-4 of this Federal Law, the application for revocation of the license for the conduct of banking operations at the Bank of Russia" The occurrence of signs of insolvency (bankruptcy) and of the documents annexed thereto. 2. Except as provided for in article 50, paragraph 6, of this Federal Act, the credit institution is declared bankrupt by the application of the insolvency representative, the competent authority for recognition of the credit institution. A copy of the Bank of Russia's order revoking a license for banking transactions published in the Bank of Russia's Bulletin or a copy of the Bank of Russia's license is enclosed with the documents provided for in paragraph 1 of this article. of this order, certified by the Bank of Russia. 3. A copy of the Bank of Russia's order revoking a license for banking operations; 2) a copy of the constituent documents is attached to the Bank of Russia's statement on the recognition of the credit institution bankrupt. credit organization; 3) copies of the credit institution's financial and accounting records to be presented to the Bank of Russia at the last reporting date; 4) copies of licenses issued to the credit institution for implementation Bank Transactions; 5) Statement of Correspondence Bank of the Russian Federation account; 6) statement on the account of a mandatory reservation of a credit institution in the Bank of Russia; (7) documents confirming the existence of a credit institution (bankruptcy), including payment documents of the clients of the credit institution, not performed by it in due course (if such payment documents are available); 8) to record payment documents of the clients of the credit institution that were not executed e in due course; 9) correspondent help of the accounts opened by the credit institution; 10) notification of service to persons referred to in article 50, paragraph 5, of this Federal Act, copies of the declaration of recognition of the credit institution bankrupt and copies of the documents annexed thereto; 11) a power of attorney or other documents confirming the authority to sign a declaration of bankruptcy. Article 50-7. Acceptance of a declaration of credit for bankrupt organization and initiation of proceedings bankruptcy case 1. The declaration of recognition of the credit institution by bankrupt can be accepted by the arbitral tribunal, and the bankruptcy proceedings are initiated only after the credit institution has withdrawn the banking license from the application of persons referred to in article 50-4, paragraph 1, of this Federal Act, if the sum of the requirements of the credit institution in aggregate is not less than a thousand times the minimum amount of the minimum wage established by federal law, and if these requirements not performed within 14 days of the date on which they were due or if, after the credit institution has revoked the banking licence, the value of its assets (assets) is insufficient to meet the obligations of the credit institution to its creditors and to pay the mandatory payments. The value of the assets and liabilities of the credit institution is to be determined on the basis of the methods established by Bank of Russia regulations. 2. The arbitral tribunal shall issue a declaration on the admission of a credit institution to the bankruptcy court. 3. In the decision of the arbitral tribunal to accept the application for recognition of the credit institution, the bankrupt is given the day of the bankruptcy proceedings, and may also include instructions to the Commercial Court of the Bank of Russia to send an opinion on the matter. The existence of grounds for the credit institution to be declared bankrupt, to commit the persons involved in the bankruptcy case, other actions aimed at ensuring the correct and timely processing of the bankruptcy case, and the timing of these of actions. 4. Copies of the determination of the arbitral tribunal to accept the application for recognition of the credit institution to bankrupt by the following day after the day of its delivery are forwarded to the applicant, the credit institution, the Bank of Russia, and in the case provided for by the paragraph First paragraph 1 of Article 50-20 of this Federal Law, also to the Agency. 5. In the case of bankruptcy proceedings instituted by the persons referred to in paragraphs 1, 2 and 3 of article 50, paragraph 1, of this Federal Act, if the Bank of Russia order revoking the banking licence from the credit institution The transactions were issued on grounds not related to the credit institution's lack of insolvency (bankruptcy), the Bank of Russia within 10 days from the date of receipt of a copy of the arbitral tribunal's determination of acceptance of the application for recognition Bankruptcy and bankruptcy proceedings are directed by the bankrupt credit institution to an arbitral tribunal on the existence or absence of grounds for the credit institution's bankruptcy. Article 50-8. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b The arbitral tribunal, in the case of the determination of the application for recognition of the credit institution by bankrupt, that it is submitted under the circumstances referred to in article 50, paragraph 6, of this Federal Act, Determination of the abandonment of the said statement without movement. 2. The Bank of Russia is obliged by the Bank of Russia to submit a conclusion to the Bank of Russia that it is not expediency to revoke the license from the credit institution. Bank operations or a copy of the Bank of Russia's order to revoke the said license. The Bank of Russia is obliged to send the documents to the arbitration court within one month from the date of receipt of the determination of the arbitration court to leave the said statement without movement. 3. A copy of the definition of the statement that the credit institution is declared bankrupt without traffic no later than the following day is sent to the applicant, the credit institution, the Bank of Russia, and in the case provided for in the first paragraph Article 50, paragraph 1, of this Federal Act, also to the Agency. 4. In case of the Bank of Russia's submission to the arbitration court, a copy of the Bank of Russia's order revoking the license for banking operations to declare a credit institution bankrupt is considered bankrupt. of the initial admission to the arbitral tribunal and shall be receivable by the arbitral tribunal in accordance with the procedure provided for in article 50 to 7 of this Federal Law. Article 50-9. Return the application for recognition of the credit bankrupt organization 1. In addition to the grounds for the return of the statement of claim under the Code of Arbitration of the Russian Federation, the grounds for The arbitral tribunal's return to the application for the recognition of the credit institution is bankrupt: 1) to establish a non-conformity of the insolvency (bankruptcy) of the credit institution specified in the declaration to the claims, Article 50, paragraph 1, of this Federal Act; (2) a violation by a claimant under the circumstances specified in article 50, paragraph 6, of this Federal Act, of the application for revocation of the banking licence from the credit institution 5 articles 50-4 of this Federal Law; 3) the filing of an application for the bankruptcy of a credit institution, in respect of which the arbitral tribunal has commenced bankruptcy proceedings; 4) the existence of a legally enforceable judgement Arbitration Court annuls the order of the Bank of Russia The withdrawal of the banking licence from the credit institution; 5) the violation of the requirements set out in articles 50 to 5 and 50 to 6 of this Federal Law. 2. In obtaining the Bank of Russia's opinion that it is not appropriate for the credit institution to revoke the banking license, a declaration of recognition of her bankrupt is returned to the applicant. If the Bank of Russia does not receive the above-mentioned opinion, the arbitral tribunal shall return to the applicant his application for recognition of the credit institution bankrupt within one month. In this case, the person who sent a request to the Bank of Russia to withdraw the license for banking transactions to the Bank of Russia has the right to demand in the arbitration court compensation by the Bank of Russia for damages caused by the Bank of Russia's rejection of the decision. The Bank of Russia revoked the decisions of the Bank of Russia on the implementation of measures to prevent the bank's bankruptcy. 3. The arbitral tribunal shall render a determination on the return of the declaration of recognition of the credit institution by bankrupt. This definition is sent to the applicant, the credit institution, the Bank of Russia, and, in the case provided for in paragraph 1 of article 50, paragraph 1, of this Federal Act, also to the Agency. 4. The determination of the arbitral tribunal to return the application for the recognition of the credit institution bankrupt is subject to appeal. If the specified definition is canceled, the application shall be deemed to have been filed on the date of such cancellation. Article 50-10. Features of the bankruptcy court proceedings bankruptcy 1. Bankruptcy files shall be considered by the arbitral tribunal within a period not exceeding two months from the date on which the arbitral tribunal adopted the application for recognition of the credit institution of the bankrupt, including the period for the preparation of the case for trial and adoption the case. 2. The preliminary hearing, which is provided for in the Code of Arbitration of the Russian Federation, is not held. Verification of the validity of the claim of the person applying for the credit institution's bankruptcy is held at the same meeting as the bankruptcy case. 3. The decision to declare the credit institution bankrupt shall contain an indication of: 1) the opening of the insolvency proceeding; 2) the admission of the applicant's claim to the applicant and its inclusion in the register of creditors ' claims; 3) the approval of the insolvency representative; 4) the amount of monthly remuneration paid to the insolvency representative from the day of commencement of the competitive process to the day of determination of the competitive remuneration A meeting of creditors or a creditor committee. The decision to declare a credit institution bankrupt does not specify the remuneration of the insolvency representative if the authority of the insolvency representative is the authority of the Agency. 4. In the case provided for in article 50, paragraph 1, paragraph 1, of this Federal Act, the decision on the recognition of the credit institution of the bankrupt shall indicate that the insolvency representative is the member of the Agency. 5. The disapproval of the Bank of Russia's order to revoke the banking license from the credit institution does not preclude the arbitration court from making a declaration that the credit institution is bankrupt and is not a court of law. The basis for the suspension of the proceedings for the recognition of this credit institution is bankrupt. 6. Decision of the Commercial Court to revoke the Bank of Russia's order to revoke the credit institution's license to conduct banking transactions, which entered into force after the arbitration court adopted the application for recognition of credit The organization is bankrupt, and it does not interfere with the merits of the bankruptcy case. Entry into the legal force of a decision of the arbitration court on the annulment of the Bank of Russia's order to withdraw the license to conduct banking transactions is not a legal decision of the Bank of Russia. The grounds for cancelling the decision to declare the credit institution bankrupt and to reconsider the decision on newly discovered circumstances. 7. The arbitration court, which decided to recognize the credit institution bankrupt, forwards this decision to the Bank of Russia, as well as to the federal executive body, which performs state registration of legal entities, which makes the decision in the bank. A single public register of legal entities that the credit institution is in the process of liquidation. Article 50-11. The order in which the insolvency representative is approved 1. The approval of the insolvency representative in bankruptcy of a credit institution that did not have a license of the Bank of Russia to attract funds of individuals to deposits is carried out in accordance with the procedure established by Article 45 of the Federal Law " About insolvency (bankruptcy) ", taking into account the features of this Federal Law. 2. In case the credit institution had a license of the Bank of Russia to attract funds of individuals to deposits, the insolvency administrator is the Agency. 3. If not submitted to the arbitral tribunal in accordance with the procedure established by the Federal Law "Insolvency (bankruptcy)" to approve the candidacy The Bank of Russia submits the candidacy of the Bank of Russia to the Arbitration Court. In the event of the release or removal of the insolvency representative from the insolvency representative, the insolvency representative shall be the insolvency representative of the Agency. In the cases provided for in this paragraph, the arbitral tribunal shall render a judicial act on the approval of the Agency by a insolvency representative. 4. The insolvency representative shall commence his or her functions from the date of the arbitral tribunal's decision to declare the credit institution bankrupt and to open a competitive process (the approval of the insolvency representative) and shall be in effect until the day The entry into a single state register of legal entities of the liquidation of the credit institution. Article 50-12. The decision of the arbitral tribunal to refuse recognition of the bankrupt credit institution 1. The decision of the arbitral tribunal to refuse the recognition of the credit institution bankrupt is taken in the case of: 1) the lack of insolvency (bankruptcy) as provided for in article 2 of this Federal Law; 2) the establishment of a fictitious bankruptcy, if the declaration of bankruptcy is filed by the debtor's credit institution. 2. In the event that the arbitral tribunal is found to be non-insolvency (bankruptcy) or has established a fictitious bankruptcy, the credit institution is subject to compulsory liquidation in accordance with Federal Law "About banks and banking activities" Article 50-13. Grounds for termination of the case of bankruptcy 1. The arbitral tribunal shall terminate the bankruptcy proceedings in the case of: (1) the recognition in the course of the proceedings of the applicant's claims, which served as the basis for bankruptcy proceedings, unreasonable; 2) To satisfy all the creditors ' claims in the register of creditors in the manner provided for in Article 50-37 of this Federal Law; 3) the completion of the insolvency proceedings. 2. In the cases referred to in paragraph 1 of this article, all restrictions imposed by this Federal Act, which are the consequences of the commencement of the insolvency proceedings, shall cease to apply. The termination of bankruptcy proceedings does not result in the termination of the effect of revoking the banking licence from the Federal Law "About banks and banking activities" 3. Unless otherwise provided for by this Federal Law, the termination by the arbitral tribunal of the insolvency proceedings is the basis for the Bank of Russia's application for the compulsory liquidation of the credit institution in accordance with the procedure established by the Central Bank of Russia. Federal Law "About banks and banking activities" Article 50-14. Appeals against decisions and definitions of the arbitral tribunal 1. The decisions and decisions of the arbitral tribunal made during the bankruptcy proceedings may be appealed to the arbitral tribunal in the manner provided for by the Federal Act "On insolvency (bankruptcy)" 2. In the determination of the arbitral tribunal's ruling in higher courts, the arbitral tribunal shall refer only those files of bankruptcy that are directly related to the dispute to a higher tribunal. A credit institution with a creditor or an authorized body to establish the validity, size, composition and priority of claims. Article 50-15. The direction of the arbitral tribunal in the bankruptcy case 1. If not otherwise established by this Federal Act, bankruptcy courts are referred by the arbitral tribunal to the credit institution, the insolvency representative, to the Bank of Russia authorized under the Federal Law " bankruptcy (bankruptcy) " of the body, the person who applied to the arbitration court with a statement about the credit institution's bankruptcy, and to the individuals, in the arbitration process. 2. Definitions that are resolved between insolvency representatives and creditors or claims by creditors for violation of their rights and legitimate interests are forwarded by the arbitral tribunal to the credit institution, the insolvency representative, and to the persons concerned, the applicant to the arbitral tribunal applying for the resolution of the dispute or of the parties participating in the arbitral tribunal's examination of the complaints or claims. 3. Unless otherwise established by this Federal Act, copies of the judicial acts shall be forwarded by the arbitral tribunal to persons referred to in this article within five days of their adoption. 4. Persons participating in bankruptcy proceedings, as well as those involved in the bankruptcy arbitration, are entitled to require the insolvency representative to acquaint them with any bankruptcy court acts or to provide them with copies of such bankruptcy proceedings. by such persons. Chapter VI-2. Features of the competitive production of a credit organization that is declared bankrupt Article 50-16. General provisions on insolvency proceedings 1. The decision by the arbitral tribunal to declare a credit institution bankrupt entails the commencement of the insolvency proceedings. 2. Competicuration is introduced for a period of one year. The period of insolvency proceedings may be extended at the request of the person involved in the bankruptcy case for a maximum of six months. 3. The determination of the arbitral tribunal to extend the period of the insolvency proceeding is subject to immediate execution and may be appealed in accordance with the procedure established by article 61, paragraph 3, of the Federal Law "About insolvency (bankruptcy)". Article 50-17. Publish information about the recognition of the credit bankrupt and about the implementation of prepayments to creditors of First Queue 1. Contestant manager within 15 days of submission to the Bank of Russia of documents confirming his right to conduct transactions on the correspondent account of a credit institution recognized bankrupt or in case of exercising powers The tender manager of the Agency from the day of opening of the main account of the credit institution sends for publication in the official publication, as determined by the Government of the Russian Federation in accordance with the Federal Law. by law "About insolvency (bankruptcy)", "Bank of the Bank of Russia", and also published in a periodical publication at the location of the credit institution The decision of the arbitral tribunal on the recognition of the credit institution bankrupt and the commencement of insolvency proceedings. 2. The following information about the credit institution's recognition of bankrupt and the commencement of the insolvency proceedings: 1) the name and other details of the credit institution declared bankrupt; 2) the arbitration court in which the bankruptcy case is located and the number of the case; 3) the date of the decision by the arbitral tribunal to declare the credit organization bankrupt and to open a competitive process; 4) the closure of the register of creditor claims as determined in accordance with paragraph 2 Article 50-28 of this Federal Law; 5) the day of expiration of the period for establishing the requirements of the first stage creditors for the purposes of the preliminary payment, determined in accordance with paragraph 3 of Article 50-38 of this Federal Law; 6) the address of the credit institution for creditors to make their claims to the credit institution; 7) the details of the insolvency representative, including the name and address of the insolvency representative, to be sent to it correspondence. 3. In the event that the information on the recognition of the credit institution is bankrupt and the commencement of the insolvency proceedings is published in the official publications referred to in paragraph 1 of this article at different times, the period of presentation of the creditors ' claims shall be calculated from The day of the first publication of this information.(art. 1, para. 25) is no longer in force (in addition to article 50-17, paragraph 3)-Federal Law dated 28.07.2012 N 144-FZ 4. Reimbursement of expenses related to the publication of the information in this article on the recognition of the credit institution bankrupt and on the preliminary payment to creditors of the first stage shall be made at the expense of the assets of the credit institution. If the credit institution does not have sufficient property to reimburse the costs of publication, the publication is made at the expense of the person making the application for the credit institution of the case bankruptcy. When the Bank of Russia appeals to the arbitral tribunal to declare the credit institution bankrupt, in the event that the credit institution does not have sufficient property to recover the costs of publication of the information provided for in paragraph 2 This article is published in the "Bank of Russia Bulletin". Article 50-18. Publish progress information for { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } In order to ensure creditors have equal access to information on the progress of the insolvency proceeding, the insolvency representative, in accordance with the procedure established by this article, shall publish informational messages in a periodical publication at the location credit institution. 2. No later than 70 days from the day of the credit organization's bankruptcy, the insolvency representative publishes: 1) information about the financial status of the credit institution and its property on the opening day of the insolvency proceedings; 2) the balance of the credit organization at the last reporting date with the profit and loss account; 3) the availability of free cash, which may be directed towards meeting the creditors ' claims on monetary obligations, including pre-payment to first-of-queue creditors; 4) The current expenses of the credit institution provided for in Article 50-27 of this Federal Law. 3. Not later than 10 days before the start of the calculation with the creditors of each queue, including the payment of preliminary payments with the creditors of the first queue, the insolvency representative shall publish information on the procedure and the timing of the calculation with the creditors. 4. At the same time as a preliminary payment, the insolvency representative publishes a report on the results of the physical inventory and valuation of the assets of the credit institution, indicating the value of the objects One million rubles, as well as details about the structure and amount of the claims against creditors. 5. After the start of the calculations with the creditors of the first queue, the insolvency representative shall, at least once every three months, publish the current information on the progress of the insolvency proceeding. The information should include: 1) on the newly discovered property of the credit institution; (2) on the insolvency representative's insolvency representative, which are responsible for signs of invalidity Transactions referred to in article 28 of this Federal Law and on the involvement of founders (participants), members of the board of directors (supervisory board), directors of the credit institution for subsidiary liability Organizations under this Federal Law; 3) on the sale of assets of the credit institution with the release of information on the sale of objects with an inventory value of more than one million rubles and an indication of the sale price of property and its customers. 6. At least once every six months, the insolvency representative must, when publishing the information, include information on: 1) on the execution of the current expenses of the credit institution provided for in Article 50-27 of this Federal Act. Law; 2) on the value of unrealized assets of a credit institution. 7. The publication of the details of the insolvency proceedings is carried out at the expense of the assets of the credit institution, within the means provided for in the current expenses of the credit institution, which is approved in accordance with the procedure established by the article 50-27 of this Federal Law. 8. In the absence of a property sufficient to fully recover the costs of the publication of the progress of the insolvency proceeding in the order and scope provided for in this article by the credit institution, the insolvency representative shall be entitled to do so. to change the frequency of publication and (or) the amount of information to be published or to give up such publication. At the same time, persons participating in the bankruptcy case, as well as persons participating in the arbitration proceedings, are entitled, within the time limits established for publication, to the particulars to be published in accordance with paragraphs 2 to 6 of this article; and (or) receive at their expense a control document containing the specified information. 9. The publication of information on the progress of the insolvency proceedings or the refusal to publish them in the manner provided for in paragraph 8 of this article is not an obstacle to the completion of the competitive process. 10. The particulars referred to in paragraphs 2 to 6 of this article shall be sent to the Governor of the Bank of Russia at the same time as the publication or in time for publication. Article 50-19. Consequences of opening a competitive process 1. The effect of revoking a licence from the credit institution for bank implementation continues to be effective from the date of the award by the arbitral tribunal for the bankruptcy of the bankrupt and the commencement of the insolvency proceedings: 1) Transactions under article 20 of the Federal Act on Banks and Banking, including in the event of entry into the competition The Court of Arbitration for the " The Bank of Russia's revocation of the Bank of Russia's order to withdraw from the credit institution of such a license; 2) the information about the financial condition of the credit institution is not classified as confidential or which constitutes a commercial secret; 3) transactions involving the alienation of the property of the credit institution or the transfer of its property to third persons for possession and use shall be permitted only in the manner prescribed by this chapter; 4) all creditors ' claims for monetary obligations compulsory payments, other property claims, except for claims for the recognition of title, compensation for moral damage, the destruction of property from other illegal possession, and the annulment of transactions, The consequences of their invalidity, as well as the current obligations under article 50 to 27 of this Federal Law, may only be presented in accordance with the procedure established by this chapter; 5) of documents for which performance has been terminated pursuant to The federal law shall be subject to the transfer of judicial officers, as well as by organs and organizations acting in accordance with the requirements of judicial acts and acts of other bodies, to the insolvency representative, in accordance with the procedure established by federal law; (6) The previous seizure of the property of the credit institution and other restrictions on the disposition of the assets of the credit institution are lifted. The decision of the arbitration court on the recognition of the credit institution bankrupt and the opening of the insolvency proceedings is grounds for the withdrawal of the credit institution's property. The attachment of new arrests to the property of the credit institution and other restrictions to the disposition of its property is not permitted; 7) the obligations of the credit institution are fulfilled in the cases and in the manner in which the present report is established. a chapter. 2. The authority of the head of the credit institution, other government bodies, except for the powers of the authorities, has been terminated since the award by the arbitral tribunal on the recognition of the credit institution bankrupt and the commencement of insolvency proceedings. Management of the decision to enter into agreements on the terms and conditions of the granting of funds by third parties for the performance of the obligations of the credit institution. Article 50-20. Control 1. The Agency is the insolvency representative for the bankruptcy of the credit institutions that had the Bank of Russia's license to attract funds of individuals to deposits. The insolvency representative, who did not have a Bank of Russia's license to attract funds of individuals to contribute to the bankruptcy of the Bank of Russia, approved arbitration rules in accordance with the requirements established by the Bank of Russia. The Federal Law on Insolvency (bankruptcy) and accredited to the Bank of Russia as insolvency administrators in the insolvency of credit institutions of the organization (also the insolvency representative) (...) (...) In the cases stipulated by article 50-11, paragraph 3, as well as article 52, paragraph 2, of this Federal Act, the functions of the insolvency representative in bankruptcy of credit institutions that did not have a license of the Bank of Russia to attract money Citizens ' contributions to the Agency are provided by the Agency. No compensation shall be paid for the exercise of the powers of the insolvency representative. 2. Mandatory conditions for accreditation to the Bank of the Russian Federation of arbitration managers as insolvency representatives in bankruptcy of credit institutions are: (1) compliance with the requirements of the arbitration managers established by the Federal Republic of Germany. The law of "On insolvency (bankruptcy)"; (2) absence of prior accreditation, violations of the law within three years of the Russian Federation on insolvency (bankruptcy), that led to substantial impairment of the rights of creditors, the unjustified expenditure of the insolvency estate of the credit institution (hereinafter referred to as the insolvency estate), the disproportionate satisfaction of the creditors ' claims, and the absence of suspension from the insolvency estate. The execution of the duties of the insolvency representative associated with the non-performance or improper performance of such duties; 3) training on the program approved by the Bank of Russia. 3. The accreditation of the insolvency representative as insolvency representative for the bankruptcy of credit institutions is carried out by the Bank of Russia on the basis of an application of the arbitration manager within 30 days from the date of its receipt. The application shall be accompanied by documents confirming that the applicant meets the accreditation requirements established by this Federal Law. The statement of the accreditation of an arbitration manager as insolvency representative in the insolvency of credit organizations may be sent to the Bank of Russia by a self-regulating organization of arbitration managers. The procedure for considering applications for accreditation of arbitration managers as insolvency representatives in the bankruptcy of credit organizations, accreditation, cancellation of accreditation, refusal of extension of accreditation is determined Bank of Russia regulations. The Bank of Russia, in coordination with the Russian Federation Government Commissioner, may establish additional requirements for the accreditation of arbitration managers as a federal executive authority. The insolvency representative of the bankruptcy of the credit institutions. The term of the accreditation of the insolvency representative as insolvency representative for the bankruptcy of credit institutions is one year. The Bank of Russia will extend the validity of its accreditation on the basis of 30 days prior to the expiration of the accreditation of claims of arbitration managers. The Bank of Russia issues a certificate of accreditation to an arbitration manager accredited by the insolvency representative in bankruptcy of credit institutions. 4. Losses incurred by a insolvency administrator accredited to the Bank of Russia as a result of failure or improper performance of their duties by the persons involved in the bankruptcy case shall be compensated by their property and insurance Liability in case of such loss. The insolvency representative at the Bank of Russia, within 10 days of its approval by the insolvency representative of the Bank of Russia, should insure its liability in case of damage caused to them. Persons participating in the bankruptcy case in the amount due to the valuation of the assets of the credit institution at the last reporting date, calculated by the interim administration on the basis of the methods established by Bank of Russia regulations, and specifically: 3 per cent of assets in excess of 100 million Revenue increased by 2.19% to RUB 2.934 billion from RUB 2.934 billion, profit from operations was RUB 2.919 billion against a profit of RUB 2.918 billion, profit from RUB 2.918 billion against a profit of RUB 2.009 billion the year before. Revenue increased by 3.22% to RUB 203.925 billion from RUB 208.925 billion, profit from operations was RUB 3.925 billion against a profit of RUB 3.925 billion the year before, the company reported. The report on the proper enforcement of the liability of the insolvency representative of the Bank of Russia accredited to the Bank of Russia is forwarded to the Arbitration Court and the Bank of Russia at that time. 5. In the event of approval in the manner prescribed by this Federal Law, the insolvency representative of the Agency shall not be subject to the liability insurance claims for damages to persons participating in the bankruptcy case. 6. The Agency shall exercise the powers of a insolvency representative, through a representative designated by it, acting on the basis of a power of attorney. The Agency is obliged to send a message to the Arbitration Court and the Bank of Russia on the appointment of a representative in the bankruptcy case within five days of the decision by the arbitral tribunal to declare the credit institution bankrupt and to open the bankruptcy court. A competitive process or a court order for the approval of the insolvency representative of the Agency in the cases referred to in article 50, paragraph 3, and article 52, paragraph 2, of this Federal Act. In the event of circumstances that result in the inability of the representative of the Agency to exercise his or her powers, including because of his suspension from the duties of the representative of the insolvency representative, Under article 50, paragraph 4, of this Federal Law, the Agency is obliged to send a new representative to the arbitral tribunal and the Bank of Russia within five days of the occurrence of these circumstances. The manager. 7. The Bank of Russia has the right to cancel the accreditation of a insolvency representative accredited by the Bank of Russia, if one of the following reasons is given: 1) the suspension of the insolvency representative. By an arbitral tribunal from the performance of the insolvency representative; 2) the breach of the accreditation; (3) the breach of the insolvency (bankruptcy) insolvency laws of the Russian Federation which led to to a fundamental breach of the rights of creditors The amount of the insolvency estate that is disproportionate to the satisfaction of the creditors ' claims. 8. In case of cancellation by the Bank of Russia of the accreditation of a insolvency representative accredited to the Bank of Russia, the Bank of Russia will be suspended by the arbitral tribunal from the performance of its duties on the basis of the statement of the Bank of Russia. 9. The decision of the Bank of Russia to deny accreditation, cancel the accreditation or the refusal to renew the accreditation may be appealed to the arbitral tribunal. Article 50-21. insolvency representative 1. The insolvency representative shall exercise the powers of the head of the credit institution and other management bodies of the credit institution within the limits, procedures and conditions set out by this Federal Law. 2. The insolvency representative must act in good faith and reasonably, taking into account the rights and legitimate interests of creditors, the credit institution, society and the State. 3. The insolvency representative is obliged: 1) to take over the property of the credit institution, to conduct an inventory; 2) to engage an independent appraiser to assess the assets of the credit institution, except in cases The Federal Act dated 28.07.2012 N 144-FZ) (3) notify the credit institution's employees of the impending dismissal no later than one month from the date of the introduction of the insolvency estate; 4) to take measures to secure the property of the credit institution organization; 5)(Paragraph 25 is no longer in force (as part of article 50, paragraph 3, art. 50-21)-Federal Act dated 28.04.2009. N 73-FZ ) 6) present a claim against third persons who are in arrears to a credit institution in accordance with the procedure established by this Federal Law; 7. The procedure provided for in articles 50 to 28 and 50 to 29 of this Federal Law; (8) maintain a register of creditor claims; 9) take measures aimed at finding, identifying and returning the property of a credit institution located at third parties; 10) to be transferred to the Russian Archival Foundation The documents are in the order and in accordance with the list, which are approved by the federal executive body, which is responsible for the development of state policy in the sphere of archival business, and the Bank of Russia; 11) to identify Signs of a deliberate and fictitious bankruptcy, as well as the circumstances under article 14 of this Federal Law; 12) to perform other duties established by the federal law. 4. Executive Order: 1) to dispose of the assets of the credit institution in the manner and under conditions set by this Federal Law; 2) to dismiss employees of the credit institution, including the head of the credit institution, to change the terms of employment contracts, to transfer the employees to other work in order and under conditions established by federal law; 3) to declare the withdrawal of contracts and other transactions in the procedure established by Article 50-34 of this Federal Law; 4) To sue for annulment or the consequences of the nullity of the transactions made by a credit institution, including on the grounds provided for in article 28 of this Federal Act, The property of the credit institution of third parties, the termination of contracts concluded by the credit institution, and to take other actions, as provided by the federal law, other regulatory legal acts of the Russian Federation, aimed at return credit institution property; 5) attract for Meeting the challenges of competitive proceedings, accountants, auditors and other professionals; 6) to exercise other statutory rights under federal law relating to the performance of its duties. 5. If there are grounds established by federal law, the insolvency representative requires third parties who, under federal law, are subject to subsidiary liability under the obligations of the credit institution in connection with the To bring her to bankruptcy. 6. A competitive manager has the right to advance the costs of his or her duties from his/her own funds and recover these costs from the assets of the credit institution in accordance with the procedure established for execution The current liabilities of the credit institution in the course of the insolvency proceedings. Article 50-22. Control over the competition control 1. The insolvency representative is required, at the request of the arbitral tribunal, to submit to the arbitral tribunal all information relating to the insolvency proceedings, including a record of its activities. 2. The insolvency representative represents a meeting of creditors, and if a creditor committee is formed, the creditors ' committee will report on its activities, information about the financial condition of the credit institution and its property on the opening day of the competition The Conference of the States Members of the United Nations that are members of the Group of States and the Government of the Republic of Korea. The report of the insolvency representative after its submission and consideration by the meeting of creditors or the creditor committee is forwarded to the Bank of Russia. 3. The report of the insolvency representative or creditor committee should contain information on: 1) on the resulting insolvency estate, including the status and results of the credit organization's inventory, the progress and the the valuation of the assets of the credit institution; 2) the amount of money received in the main account of the credit institution, the sources of the revenue data; 3) on the progress of the credit institution's assets with the details of the sales order, the book value, its customers, and Amounta received from disposition of property; 4) on the number and total amount of claims for the collection of receivables from a third-party insolvency administrator; 5) on the measures taken to secure the property the credit institution, as well as to identify and claim the property of a credit institution in possession of third persons; 6) on the measures taken to declare the transactions of the credit organization invalid, and also on the application of the waiver Credit Organization; 7) A register of creditor claims, indicating the total size of the creditors 'claims included in the register and the size of the creditors' claims of each queue; 8) the number of employees of the credit institution that continue to operate in The progress of the insolvency proceedings, as well as the number of employees of the credit institution who were dismissed during the competitive process; 9) on the competitive proceedings conducted by the insolvency representative to close the accounts of the credit institution and its results; 10) on the cost of the competitive process An indication of their appointment; 11) that third persons who, under federal law, are subject to such liability under the obligations of the credit institution in connection with the failure to bring it to bankruptcy; 12) other details of the insolvency proceedings, the composition of which shall be determined by the insolvency representative, as well as by the requirements of the meeting of creditors, the creditor committee or the arbitral tribunal. 4. The bank manager submits to the Bank of Russia monthly accounting and statistical accounts of the credit institution, as well as other information on the progress of the competitive process at the request of the Bank of Russia in accordance with the list and in the order which are established by the Bank of Russia. 5. The report on the preliminary payment to creditors of the first stage, carried out in accordance with Article 50-38 of this Federal Law, shall be submitted by the insolvency representative to the arbitral tribunal and the Bank of Russia. 6. The Bank of Russia has the right to inspect the activities of the insolvency representative in cases and the procedure established by Bank of Russia regulations. 7. The Bank of Russia has the right to send to the insolvency representative the rule on the elimination of violations of regulatory legal acts regulating relations related to the insolvency (bankruptcy) of credit organizations, which are revealed by the data provided by the Bank of Russia. or in the course of the review of its activities. Failure to comply with the Bank of Russia's order to eliminate the detected violations is the basis for the cancellation of the accreditation of the insolvency representative accredited by the Bank of Russia. The decision of the Bank of Russia may be appealed to the arbitration court within 10 days from the date of its adoption. If the Bank of Russia is detected, the Bank of Russia is obliged to take measures to eliminate them within 10 days from the date of receipt of the corresponding order by the Bank of Russia. to notify the Bank of Russia. The Agency's failure to comply with the Bank of Russia's prescription for the elimination of the breach is the basis for the Bank of Russia's appeal to the bankruptcy court against the Agency's actions. 8. As a result of the examination of the complaint referred to in paragraph 7 of this article, the arbitral tribunal shall take one of the following decisions: (1) to be satisfied with the complaint of the insolvency representative's actions and to have the competition unborn The author of the communication is the representative 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 9. In the event that the Bank of Russia receives a complaint from the creditor committee against the insolvency representative or the application for the annulment of its accreditation, the Bank of Russia is obliged to consider the said complaint or request and decide: 1) on the direction of the insolvency representative to eliminate the breach of regulatory legal acts governing the insolvency (bankruptcy) of credit organizations; 2) through the insolvency representative; 3) The cancellation of the accreditation; 4) to make the complaint unfounded. Article 50-23. Release the insolvency representative, accredited to the Bank of Russia, from performance insolvency representative's duties 1. The insolvency representative at the Bank of Russia, in case of an application for exemption from the duties of a insolvency administrator and in other cases provided for by the Federal Act, may be waived by the arbitral tribunal. the performance of the duties of the insolvency representative. 2. In the event of the release of the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative, the arbitral tribunal shall, at the same time, approve the insolvency representative of the Agency in accordance with the procedure established by paragraph 3 of the article 50-11 of this Federal Law. 3. The determination of the arbitral tribunal to release the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative is subject to immediate execution and can be appealed. Article 50-24. Discretion of the insolvency representative, accredited to the Bank of Russia, or the representative of the Agency from the performance of the duties of the insolvency representative 1. A competitive manager, accredited to the Bank of Russia, may be removed by an arbitral tribunal from the performance of the insolvency representative: 1) on the basis of an application from a meeting of creditors or a creditor committee in the case of a meeting of creditors. Failure or improper performance of the insolvency representative; 2) in connection with the satisfaction of the arbitral tribunal with the complaint of the person involved in the bankruptcy case against non-performance or improper performance their duties, provided that such failure or improper The execution violated the applicant's rights or legitimate interests, or resulted in damages to the credit institution or its creditors; (3) on the basis of the application of the person involved in the bankruptcy case, if found Cirtraits which had prevented the approval of the person referred to in the first paragraph of this paragraph by the insolvency representative and in the event that such circumstances arose after the approval of the person referred to in the first paragraph of this paragraph (...) (...) of the Bank of Russia. 2. At the same time as the suspension of the insolvency representative accredited to the Bank of Russia, from the performance of its duties, the arbitral tribunal shall approve the Agency as a insolvency representative in accordance with the procedure set out in paragraph 3 Articles 50 to 11 of this Federal Act. 3. The determination of the arbitral tribunal to dismiss the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative is subject to immediate execution and can be appealed. 4. A representative of the Agency, in the exercise of his or her duties, may be suspended by the arbitral tribunal from the performance of those duties in connection with the satisfaction of the arbitral tribunal with the complaint of the person involved in the case. Bankruptcy, non-performance or improper performance by a representative of the Agency of a representative of the insolvency representative, provided that such failure or improper performance of the said duties violated rights or lawful rights The interest of the complainant or the loss to the credit institution or its creditors. 5. The determination of the arbitral tribunal to dismiss the representative of the Agency from the performance of a representative of the insolvency representative is subject to immediate execution and may be appealed. Article 50-25. Creditors ' rights when a credit organization is 1. Creditors of the credit institution are entitled to the rights provided by the Federal Law "On Insolvency (Bankruptcy)" and by this Federal Act. by law. 2. In the bankruptcy proceedings, the legitimate interests of the insolvency representative and the competent authorities represent the creditors ' meeting and/or the committee of creditors acting under the Federal Law "On insolvency (bankruptcy)" , taking into account the features of this Federal Law. The powers of a meeting of creditors and the creditor committee are determined in accordance with the Federal Law on Insolvency (Bankruptcy). 3. When adopted by a meeting of creditors, decisions shall be taken into account the votes of the insolvency creditors and the authorized bodies whose claims are included in the register of creditor claims at the date of the meeting. 4. The insolvency representative shall have the right to convene the first meeting of creditors following the establishment of article 50, paragraphs 4, 6 and 10, paragraphs 4, 6 and 10, paragraphs 4, 6 and 10, paragraphs 4, 6 and 10, of this Federal Act, in accordance with article 50, paragraph 2, of the present Act. of the Federal Law, but not later than 90 days from the date of publication of the information on the recognition of the credit institution bankrupt and on the opening of a competitive process. 5. The meeting of creditors and (or) the committee of creditors is entitled to apply to the Bank of Russia with a complaint about the actions (inaction) of the insolvency representative and the request to cancel the accreditation of the insolvency representative accredited by the Bank of Russia. 6. The creditors have the right to demand the submission of documents on transactions stipulated in Article 28 of this Federal Law, committed in the amount of more than one million rubles. The cost of preparing copies of these documents is at the expense of the creditor. Article 50-26. { \b Size of } { \b } { \b } { \b } { \b } { \b For the purposes of this Federal Law, monetary obligations and liabilities for the payment of mandatory payments to the credit institution, with the exception of the current obligations under article 50 to 27 of this Federal Act, shall be determined by The day of revocation of the banking licence from the credit institution, unless otherwise provided by this Federal Act. 2. The amount of monetary obligations and liabilities for the payment of mandatory payments denominated in foreign currency is determined in rubles at the rate set by the Bank of Russia on the day of revocation of the banking license agreement. operations, with the exception of the current liabilities of the credit institution. Article 50-27. The current obligations of the credit institution in competitive process 1. Under the current obligations of the credit institution it is understood: 1) the obligation to pay the debt incurred prior to the day of revocation of the banking license from the credit institution, for the work done services) related to the continuation of the credit institution, within the cost estimates approved by the Bank of Russia in accordance with Federal Law "About banks and banking activity"; (2) monetary liabilities arising from the credit institution's revocation of banking licences until the day of completion of the insolvency proceedings, including: Costs related to the continuation of the operation of the credit institution, including the payment of labour contract workers, payment of termination benefits to these persons in the event of their dismissal; to the insolvency representative accredited to the Bank of Russia; The judicial expenses of the credit institution, the cost of publishing the communications provided for by this Federal Law, as well as other expenses arising from this Federal Act relating to the conduct of the insolvency proceedings; 3) obligations to pay the mandatory payments that have arisen since the day of revocation of the license to carry out banking operations until the day of commencement of the insolvency proceeding, as well as the obligation to pay mandatory payments, arising from a competitive process for the remuneration of employees Credit Organization; 4) the obligation to deduct the wages paid to the employees of the credit institution paid in connection with the performance of the duties referred to in paragraph 1 of this paragraph from the day of revocation * [ [ Bank of Russia]] [ [ Bank of Russia]] persons, trade union contributions and other payments placed on the employer in the in accordance with federal law). 2. For the purposes of this Federal Act, the obligation to pay the obligatory payments comes from the day of the expiry of the time (tax period) established for the calculation of the amount of the compulsory payment due under the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The cost of fulfilling the current obligations of the credit institution shall be included in the estimate of the current expenses of the credit institution and shall be carried out by a competitive manager on the basis of such estimates. 4. Unless otherwise specified in this article, the estimate of the current expenses of the credit institution shall be approved (modified) by the insolvency representative. 5. The estimate of the current expenses of the credit institution in respect of the costs incurred after the first meeting of creditors is subject to approval by the creditors ' meeting and, if the creditor committee is formed, the creditor committee Representation of the insolvency representative. The estimate of the current expenses of the credit institution should be submitted for approval to the first meeting of creditors, and if the creditor committee is formed, the creditor committee should be given no later than three days from the date of its formation. In the case of non-approval (refusal of approval) by a meeting of creditors or a committee of creditors of an estimate of the current costs of the credit institution, a meeting of creditors or a creditor committee is entitled to apply to the arbitral tribunal with a statement of the permission of the creditors. disagreement between the insolvency representative and the meeting of creditors or the creditor committee. As a result of these disagreements, the arbitral tribunal shall approve an estimate of the current expenses of the credit institution produced after the issuance of the relevant judicial act. 6. The current costs of the credit institution, approved by a meeting of creditors, or by a creditor committee, or by an arbitral tribunal in accordance with paragraph 5 of this article, may be changed by a meeting of creditors or a creditor committee on the basis of Representation of the insolvency representative and, where there is disagreement between them, the arbitral tribunal shall, in accordance with the procedure set out in paragraph 5 of this article, make changes to the estimates. 7. Pending approval of (changes) in the estimates of current expenses by a meeting of creditors, or by a committee of creditors, or by an arbitral tribunal in the manner provided for in paragraphs 5 and 6 of this article, an estimate of the current expenditure of the credit institution is in effect (amended) by the insolvency representative. 8. The requirements of the current obligations of the credit institution are not subject to inclusion in the register of creditor claims. Creditors of the current liabilities of the credit institution are not recognized by the persons involved in the bankruptcy case. 9. The satisfaction of the creditors ' claims on the current liabilities of the credit institution during the competitive process shall be in the order established by this chapter. Article 50-28. Determination of the size of creditors ' claims 1. Creditors are entitled to present their claims to the credit institution at any time during the competitive process, as well as in accordance with the procedure established by article 22 to 1 of this Federal Law, during the period of activity in the credit institution the Administration. Upon presentation of claims, the creditor is required to indicate, in addition to the substance of the requirements, information about himself, including the name, first name, patronymic, date of birth, identity of the identity document, and the mailing address for the claim. correspondence (for a natural person), name, location (for legal person) and bank details (if any). These requirements are presented to the insolvency representative, together with the application of court decisions that have entered into force, the arbitral tribunal, the determination of the execution of the executive sheet for enforcement of decisions of the arbitral tribunal or other judicial acts, as well as authentic documents, or duly certified copies thereof, supporting the validity of these claims. 2. For the purpose of a competitive process, the insolvency representative shall set a time limit for the filing of claims by creditors after the expiry of which the register of claims of creditors is considered to be closed. The deadline for submission of claims by creditors cannot be less than 60 days from the date of publication of the credit institution's recognition of the bankrupt and the commencement of the insolvency proceedings. A notice of delivery or other documents confirming the deadline for receipt of the insolvency representative is taken into account in relation to the number of claims submitted to the insolvency administrator. of the above requirements. 3. The creditors ' claims are deemed to be established if they: 1) is confirmed by a court decision that entered into force, the arbitral tribunal, the determination of the execution of the decision of the arbitral tribunal, or In the absence of information on the subsequent partial or total satisfaction or termination of such requirements; 2) is determined by the arbitral tribunal in the manner provided for in paragraph 7 of this article; 3) as defined by the insolvency representative in the manner provided for in paragraphs 4 and 6 This article, as well as article 50, paragraph 3, of this Federal Law; 4) shall be determined in the manner provided for in paragraph 10 of this article. 4. The insolvency representative shall consider the claim made by the creditor in the course of the insolvency proceedings and, on the basis of its review, not later than 30 working days from the date of receipt of the claim, enters the creditor's register in the event of The validity of the claim. In the same period, the insolvency representative shall notify the appropriate creditor of the inclusion of its claim in the creditor's register of claims, the refusal of such inclusion in the registry or the inclusion of the claims in the register in a limited amount. Where a creditor's claim is made to the creditor's registry in the relevant notice to the creditor, details are given of the size and composition of its claim to the credit institution and the order of its satisfaction. 5. Objections resulting from a review by a creditor's insolvency representative may be filed with the creditor not later than 15 calendar days from the date of receipt by the creditor of the insolvency representative of the insolvency representative of this requirement. Such objections shall be accompanied by a notice of service to the insolvency representative of such objections or other documents confirming the direction of the insolvency representative of the objection and the documents annexed to the objection. 6. Claims of creditors whose objections are not raised within the time limit provided for in paragraph 5 of this article shall be deemed to be established in the amount, composition and priority of the satisfaction determined by the insolvency representative. 7. Claims of creditors are examined by the arbitral tribunal in the manner provided for in article 60 of the Federal Law Failure to include or refuse to include the claims in the register of creditors. In the determination of the arbitral tribunal to include such claims in the register of claims of creditors, the size and order of satisfaction of these claims are indicated. A copy of the definition of inclusion or refusal to include the specified requirements in the register of creditor claims is sent to the objecting person and the insolvency representative following the day of the determination arbitration court. The determination of the arbitral tribunal to include or refuse to include creditors ' claims in the register of creditors is subject to immediate execution and can be appealed. 8. The creditor's claim determined by the arbitral tribunal in question shall be included by the insolvency representative in the register of creditor claims not later than the day following the date of receipt of the copy of the determination by the insolvency representative The creditor is notified by the insolvency representative within three days from the date of entry into the register of creditor claims. 9. Disputes over claims of creditors or other authorized bodies that have been confirmed by a judgement or other act of the court or arbitral tribunal in part or in size shall not be subject to review by the arbitral tribunal but of such declarations. The differences are to be returned, except for differences arising out of the execution or revision of the judicial acts. 10. The creditor's claim made against the credit institution during the period of its activity in the provisional administration and the creditors ' claims in the manner prescribed by article 22 to 1 of this Federal Law shall be deemed to be established in The size, composition and order of satisfaction determined by the interim administration, if within 60 working days from the date of publication of the report of the recognition of the credit institution bankrupt and on the opening of the insolvency estate In the light of the provisions of paragraph 3 (1) of this article, the creditor is notified of the full or partial exclusion of the said requirement from the register of creditors. The objections to the content of the notice referred to in the first paragraph of this paragraph may be declared by creditors and also examined by the arbitral tribunal in the manner provided for in this article. Claims by creditors for which the objections are not raised within the time limit provided for in paragraph 5 of this article shall be deemed to be established in the amount, composition and priority of the insolvency representative determined by the insolvency representative. Claims against creditors during the period of the provisional administration, but not reviewed by the interim administration on the expiry of its terms of office in accordance with the procedure established by paragraphs 6 to 12 of the article 22-1 of this Federal Law shall be deemed to be presented on the date of publication of the information about the recognition of the credit institution bankrupt and of the commencement of the insolvency proceedings and shall be considered (established) in the manner provided for in this article. In so doing, the insolvency representative shall carry out the actions referred to in paragraph 4 of this article within 60 days from the date of publication of the information on the recognition of the credit institution and the commencement of the insolvency proceedings. Article 50-29. Determination of the size of creditors 'claims for the purpose of the creditors' meeting's definition of creditors 1. The determination of the size of the creditors ' claims for purposes of determining the participants in the meeting of creditors shall be in the manner provided for in article 50-28 of this Federal Law. 2. For the purposes of participation in the first meeting of creditors, creditors are entitled to present their claims against the credit institution within 30 calendar days from the date of publication of the credit organization's recognition of the bankrupt and the opening of the competition of the present Federal Act, as well as in the procedure established by article 22-1 of this Federal Act, during the period of activity in the credit institution of the provisional administration. At the end of the above term, the registry of creditors for the purposes of determining the participants in the first meeting of creditors is considered to be closed. 3. Creditor (creditor) whose claims are included in the registry of creditors on the basis of copies of the documents referred to in article 50-28, paragraph 1, of this Federal Act are permitted to participate in a meeting of creditors only at the time of The submission of original documents confirming the validity of these claims. Article 50-30. Register of creditor claims 1. A register of creditor claims shall be made by a insolvency representative. Taking into account the particularities set out in article 50, paragraph 10, of this Federal Act, the registry shall include information drawn from the provisional administration in accordance with article 22-1 of this Federal Act of the Register of Claims. A creditor that is transferred to a insolvency representative in accordance with article 31 of this Federal Act. 2. Unless otherwise specified in this article, the creditor's claims shall be entered by a insolvency representative on the registry of creditors on the written application of the creditor on the basis of a court decision which has entered into force, the arbitral tribunal, definitions of the Issuing of an executive sheet for the enforcement of a decision of the arbitral tribunal or other judicial act, as well as on the basis of other documents confirming the validity of these claims. 3. Claims of first and second stage creditors may be included in the register of creditor claims without a written statement by the creditor on the basis of the information available in the credit institution. In this case, in order to verify the validity of such information, the insolvency representative has the right to request the documents referred to by the creditors referred to in article 50, paragraph 1, of this Federal Act. In the event of the inclusion in the register of claims by creditors of the creditor of the first or second queue without the written declaration of the creditor on the basis of the information available in the credit institution, the insolvency representative shall submit the insolvency representative on time, not exceeding five working days from the date of entry into the register of creditors ' claims, in the manner provided for in article 50, paragraph 4, of this Federal Law, to the creditor in question. The contents of the said notice may be declared by the creditor of the first or second stage, and also by the arbitral tribunal in the manner provided for in article 50 to 28 of this Federal Law. Claims of first and second stage creditors for which no objection is made within the time limit provided for in article 50, paragraph 5, of this Federal Act are deemed to be established in the size, composition and priority of the satisfaction that is determined The insolvency representative. 4. The creditor's claim is excluded by the insolvency representative from the register of claims of creditors on the basis of the definition of the arbitral tribunal, except as provided for in article 50, paragraph 10, of this Federal Act, or in the case of The creditor has submitted written consent to the exclusion of its claim from the register of creditor claims. 5. The register of creditor claims should include details of each creditor, the size of its claims to the credit institution, the order of satisfaction of each creditor's claim, and the reasons for the creditor's claims. In the register of creditor claims, the insolvency representative may also include other information relevant to the determination of creditors ' claims to the satisfaction of creditors as well as for implementation by creditors of other rights provided for in this Federal Act. 6. The creditor whose claims are included in the register of creditors is obliged to inform the insolvency representative in a timely and appropriate order of the alteration of the particulars referred to in article 50-28, paragraph 1, of this Federal Law. In the case of failure to submit or late submission of the above information, the insolvency representative and the credit institution shall not be liable for any damages caused. 7. The insolvency representative, at the request of the creditor (representative of the creditor), shall, within five working days of the receipt of such claim, send the creditor (s) to the creditor (s) a statement of the creditors ' claims of the size, composition and composition of the creditor the order of satisfaction of these claims. The cost of issuing such a statement up to the value of the services of the liaison agencies shall be borne by the creditor. 8. Labour disputes between the credit institution and the employee of the credit institution are dealt with in the manner determined by the Russian Federation's labour and civil procedural legislation. Article 50-31. The credit organization's accounts in the contest 1. The insolvency representative is obliged to use only one correspondent account of the credit institution, recognized bankrupt, for money in the currency of the Russian Federation-the main account of the credit institution, Bank of Russia, as well as depending on the number of foreign currency types available to the credit institution, is the necessary number of credit institution accounts for foreign currency opened in other credit institutions. The Bank of Russia is in the process of doing so. (Paragraph 25 is no more effective in the second paragraph of Article 50, paragraph 1 of Article 50-31-Federal Law of 01.12.2007). N 303-FZ) 2. When the Agency is exercising the powers of the insolvency representative's insolvency representative, the Agency shall open a competitive process. For the purpose of exercising the functions of the insolvency representative, the Bank of Russia shall open an account for funds in the currency of the Russian Federation. 3. Credit organization accounts opened in other credit organizations, including those discovered through a competitive process, with the exception of accounts opened for trust management and special operations The broker's accounts of a professional participant in the securities market are subject to closure as they are discovered. The balances of the credit institution must be transferred from the accounts to the credit institution's accounts in the course of the insolvency proceedings. After the award of the award by the arbitral tribunal on the recognition of the credit institution bankrupt and on the opening of a competitive process, the Bank of Russia will transfer within 10 days from the date of receipt of the insolvency representative. On the basis of the credit organization's account in the course of the competitive process, the funds of the obligatory reserves, deposited by the credit institution in the Bank of Russia, as well as other monetary funds of the credit institution located in the Bank of Russia. The credit institution is credited in the course of the insolvency proceedings with the funds of the credit institution entering into the insolvency proceedings. 4. From the main account of the credit institution the creditors, current communal and operational payments of the credit institution are paid, the other expenses related to the implementation of the competition are paid during the competitive process production. 5. The information on the expenditure of monetary funds of the credit institution from its accounts in the course of the insolvency representative is submitted to the Arbitration Court, the creditor committee and the Bank of Russia on demand, but not more than once a month. Article 50-32. Article 1, paragraph 25, is no more effective (in addition to Article 50-32), the Federal Law of 28 July 2012. N 144-FZ) Article 50-33. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \b } After conducting an inventory and valuation of the assets of the credit institution, the insolvency representative proceeds to the sale of the property of the credit institution in open tendering in the order and under the conditions defined by the Federal Law "On insolvency (bankruptcy)"unless otherwise provided by this article. 2. On sale of the property of the credit institution, requirements under the loan, credit and factoring requirements may be put on sale by a single lot (sale of credit portfolio of credit institution). The single lot may also be invoiced by the credit institution under lease contracts with the simultaneous assignment of the rights of claims under such contracts. 3. In order to reduce the timing of payments with creditors, the insolvency representative has the right to acquire the property of a credit institution not sold at the rebidding at the initial price set for rebidding. The transaction shall be in writing. 4. The appropriate credit institution can be sold through the securities market organizer or on the basis of a contract of sale concluded without holding a securities market. trading. 5. In the course of the competitive process, the assets and the sale of the credit institution which are provided for by the Federal Law "bankruptcy (bankruptcy)" Article 50-34. Recognition of transactions made by a credit organization, invalid and renunciation of the contracts of credit institution 1. Transactions by a credit institution may be recognized by a court, by an arbitral tribunal, at the suit of a insolvency representative or creditors of a credit institution on the grounds provided for in article 28 of this Federal Act. In the cases referred to in article 28, paragraph 1 of this Federal Law, a claim for the annulment of the transaction or the application of the consequences of the nullity of the transaction is made by the insolvency representative on behalf of the credit card. The Conference of the States parties to the Convention on the Rights of the In the cases referred to in article 28, paragraph 2, of this Federal Act, as well as article 103, paragraphs 2 to 5, of the Federal Act insolvency (bankruptcy) ", the insolvency representative shall file claims for the annulment of the transactions or the effect of the nullity of the null transaction on its own behalf. During this period, the periods during which the transactions referred to in article 103 of the Federal Law (bankruptcy) of the transaction that may be made The credit institution of the Bank of Russia has been declared null and void at the request of the insolvency representative or creditors of the credit institution. 2. The insolvency representative may waive the performance of contracts and other transactions of a credit institution not executed by the parties, in whole or in part, if the performance of the credit institution of the said transactions causes losses for the credit institution In comparison with similar transactions in comparable circumstances. 3. In the cases referred to in paragraph 2 of this article, the contract of the credit institution shall be deemed to have been terminated as from the date on which all the parties to the said treaty received the application of the insolvency administrator for the termination of the contract. The party to the credit institution whose waiver of enforcement is entitled to claim damages arising from the non-performance of the said contract. Article 50-35. The credit rating of the credit institution 1. All the property of the credit institution, available on the opening day of the competitive process and identified in the course of the competitive process, is the estate. 2. Excluded from the assets of the credit institution, which is the estate, are excluded from the property forming the mortgage in accordance with paragraph 4 of this article, as well as other property excluded from the insolvency estate in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION The assets of the credit institution are separately accounted for and subject to mandatory valuation of the property that is the subject of the pledge. 3. Property belonging to socially significant facilities under the Federal Law O "Insolvency (bankruptcy)", as well as of the social housing stock, which are not included in the insolvency estate in accordance with Federal Law "bankruptcy (bankruptcy)", transfer (a) The Ministry of Foreign Affairs 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 4. Coding of mortgage on the property of the credit institution carried out in accordance with the Federal Law of November 11, 2003 N 152-FZ " Mortgage securities issues " mortgage bond issues are excluded from the insolvency estate, and the creditors ' claims on mortgage bonds are granted in accordance with the procedure established by the said Federal Law. Article 50-36. Priority of satisfaction of creditors ' claims in a competitive process 1. Obligations to creditors of the credit institution in the course of the insolvency proceeding shall be performed in the order prescribed by the Federal Law "bankruptcy (bankruptcy)", taking into account the features of this article. 2. The credit institution's current obligations under Article 50-27 of this Federal Law are fulfilled by the insolvency estate. The priority of the current obligations of the credit institution is determined in accordance with article 855 of the Civil Code of the Russian Federation Federation. 3. The first requirement is: 1) the requirements of the individuals to whom the credit institution is responsible for causing harm to their life or health by capitalizing on the relevant temporary payments, as well as Compensation for moral injury; (2) claims by individuals who are creditors of a credit institution under their contracts with the bank deposit and/or bank account contracts (excluding those engaged in without the education of a legal person, if Such accounts are open in connection with the said activities, as well as the persons referred to in paragraph 5 of this article); 3) the Agency's requirements under the Bank Deposit Contracts and the bank accounts that have been transferred to it under Federal Law of 23 December 2003 N 177-FZ "On Insurance of Deposits of Natural Persons in Banks of the Russian Federation" (hereinafter referred to as the Federal Law "On Insurance" OF THE PRESIDENT OF THE RUSSIAN FEDERATION The requirements of the Bank of Russia, which were transferred to it in accordance with federal law, as a result of payments made by the Bank of Russia on deposits of individuals in recognized banks that are not part of the compulsory insurance of deposits of physical persons. of the Russian Federation 4. Claims by creditors for obligations secured against the assets of the credit institution are met by the value of the bond, principally to other creditors, with the exception of obligations to creditors of the first and second creditors queue. 5. Claims by individuals who are creditors of a credit institution under their contracts for bank deposits and/or contracts of a bank account, for damages in the form of loss of profits, and for the payment of financial penalties are included in the requirements of the creditors who are satisfied in the third place. 6. The creditors 'claims on subordinated loans (deposits, loans, bond issues) are satisfied after satisfying the requirements of all other creditors on the creditors' register. Article 50-37. Fulfiller of the credit institution's obligations by the founders (participants) or third party (third parties) 1. The founders (participants) of the credit institution or the third person (third persons) at any time before the end of the insolvency proceedings are entitled to perform all the obligations of the credit institution or to provide the credit institution with funds sufficient for the performance of all the obligations of the credit institution that arose on the day of the withdrawal of the banking licence. 2. The founders (participants) of the credit institution or third party (third parties) are obliged to notify the insolvency representative and creditors in writing of the commencement of the credit institution's obligations. Upon receipt of the first such notification, the insolvency representative does not accept the obligations of the credit institution to creditors. If the person submitting the notification of commencement of the credit institution's obligations does not commence the performance of the said obligations within one week of the notification or within three months after the date of notification met the obligations of the credit institution to the creditors in accordance with paragraph 4 of this article, the notification shall be deemed null and void. Persons who have declared the obligations of the credit institution and have not fulfilled the said obligations at the time and amount fixed by this article are obliged to compensate creditors for the loss resulting from the suspension Competibidding process. 3. In the performance of the obligations of the credit institution by the founders (participants) of the credit institution or by a third party (third parties) or in the granting of a credit organization of funds, the creditors of the credit institution are obliged to accept The obligation to fulfil its obligations and the credit institution is obliged to fulfil its obligations to the creditors through the means provided to it. If the credit institution cannot fulfil its obligation to the creditor in accordance with paragraph 1 of this article and paragraph 1 of this paragraph, The particulars of themselves required for the calculation of the creditor, as well as in case of failure of the creditor to accept the obligation of the credit institution, may be deposited in the place of the notary (...) (...) 4. Cash, through which the founders (participants) of the credit institution or a third person (third party) fulfilled the obligations of the credit institution to its creditors or which they provided to the credit institution for execution The said obligations are considered to be provided by the loan organization under the terms of the interest-free loan agreement, which is determined by the time of demand, but not earlier than the day of the end of the insolvency proceedings in the case of the bankruptcy of the credit institution. 5. In the event of the performance of the credit institution's obligations by the founders (participants) of the credit institution or by a third party (third persons), the insolvency representative must, within 10 days, notify all creditors whose claims are on the register. claims of creditors and the fulfillment of obligations to them and to place the account in the account opened in the credit institution-Russian Federation resident of the Russian Federation account in the amount necessary for the full fulfillment of the stated obligations of the amount determined without Accounting for funds held in the account of a credit institution. The procedure for opening this account is determined by the Bank of Russia regulations. The above notification of creditors may be effected by the publication of a communication in a periodical publication at the location of the credit institution (its subsidiaries). 6. No later than 14 days after the end of the credit institution's obligations by the founders (participants) of the credit institution or third person (s), the insolvency representative is obliged to submit to the arbitral tribunal a report on the Performance of the obligations of the credit institution. 7. As a result of the review of the insolvency representative's report on the performance of the credit institution, the arbitral tribunal shall determine the termination of the bankruptcy proceedings of the credit institution in the case of the execution of all Obligations to creditors, including claims obligations. 8. In case of termination of proceedings for bankruptcy of a credit institution on the basis of paragraph 7 of this article, the Bank of Russia, on application of the credit institution, founders (participants) of a credit institution or a third person (third persons) who have fulfilled the obligations of the credit institution to its creditors, may decide within one month to issue a credit institution with a licence to carry out banking operations. At the same time, the Bank of Russia's right to grant the said credit institution the banking license arises when the following conditions are met at the same time: 1) if the repayment is provided for in paragraph 1 of this article The obligations of the credit institution by decision of the founders (participants) of the credit institution or third party (third parties) was carried out no later than six months from the day of withdrawal of the banking license; 2) if arbitration court confirms repayment of all obligations organizations that have arisen on the day of withdrawal of the banking licence; 3) if there are no claims filed by creditors following their notification in accordance with paragraph 5 of this article; 4) "If at the time of the consideration of the above statement, all the Bank of Russia's obligations under the law have been met," the regulator said. Federal law "About banks and banking" requirements for issuing a banking license. 9. In the event that the Bank of Russia does not take a decision within one month to grant a license to carry out banking operations or refuse to grant the said license, the credit institution is to be liquidated in accordance with Federal Law "About banks and banking activities" Article 50-38. { \field { \field { \field { \field { \field { \field { \field { \field The requirements of the first stage creditors are met in two phases: ex-payment and final payment. At the same time, the requirements of the creditors of the first queue of the credit institution, which was not a member of the system on the day of withdrawal of the Bank of Russia's license from the Bank of Russia, satisfy the requirements of the creditors. Mandatory deposit insurance under the Federal Law "Insurance of deposits of individuals in banks of the Russian Federation". 2. In the final payment, the claims of first-outstanding creditors outstanding in advance payments are satisfied. 3. The requirements of the first stage creditors are granted in the order of preliminary payments in accordance with this Federal Law within a period of up to two months from the date of the first publication of the notice of recognition of the credit institution bankrupt and open a competitive process. Pre-payments to creditors of the first order shall commence no later than 30 days from the date of expiry of the period specified above for the filing of claims by creditors for the purpose of advance payments and not earlier than 10 days from the date of expiry of the deadline. The publication of the announcement of the procedure and the conditions for the initial payment of the first priority to creditors and shall be carried out within three months of that date. 4. Pre-payment to first-line creditors amounts to 70 per cent of the credit organization's accounts for the expiry of the deadline for the filing of first-line creditors for the purposes of the provisional Payments. If there is insufficient cash to satisfy the first-turn creditors ' pre-payment claims, these funds are allocated in proportion to the amounts to be satisfied. A report on the preliminary payment to creditors of the first queue is submitted by the insolvency representative to the Arbitration Court and the Bank of Russia in accordance with the procedure established by the Bank of Russia not later than 10 days from the date of expiry of the deadline for the payment. the implementation of the preliminary payment. 5. The amount of claims made by creditors of the first phase shall be reduced by the amount paid to them in advance payments, as well as to the amount of insurance payments made by the Agency in accordance with Federal Law "About insurance of deposits of individuals in banks of the Russian Federation" and payments made by the Bank of Russia on deposits of individuals in bank-recognized banks, not Persons participating in the system of compulsory insurance of deposits of individuals in banks OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6. Claims by creditors of the first stage in excess of the amount of the pre-payment made, as well as claims submitted after the end of the period of filing of claims by creditors of the first stage for the purpose of the advance payments, shall be satisfied in the manner of final payments, subject to the rules laid down in article 50 to 40 of this Federal Law. 7. The determination of the size of citizens ' claims before which the credit institution is responsible for causing harm to their life or health shall be determined by capitalizing on the relevant temporary payments established on the day of revocation The credit institution is licensed to carry out banking operations and payable to these citizens until they reach the age of 70, but not less than 10 years. The Government of the Russian Federation determines the order and terms of capitalization of the relevant temporary payments. If the age of the citizen exceeds 70 years, the period of capitalization of the relevant temporary payments is 10 years. 8. With the payment of capitalized temporary payments, the amount of which is determined in accordance with the procedure provided for in paragraph 7 of this article, the corresponding obligation of the credit institution shall be terminated. 9. With the consent of the citizen, his right to a credit institution in the amount of capitalized payments is transferred to the Russian Federation. The requirement in the event of its transition to the Russian Federation is also satisfied first. In this case, the obligations of the credit institution to the citizen for the payment of capitalized payments shall be transferred to the Russian Federation and executed by the Russian Federation in accordance with the federal law in the order, by the Government of the Russian Federation. 10. Claims for compensation for moral injury shall be granted in the amount established by the judicial act. Article 50-39. Features of satisfaction of creditors ' claims on subordinated loans 1. Claims by creditors on subordinated loans (deposits, loans, bonded loans), as well as financial penalties for default on subordinated loans (deposits, loans, bonded loans) are granted after Meeting the claims of all other creditors in the register of creditors. 2. For the purposes of this Federal Law, the subordinated loan (deposit, loan, bond loan) is a credit (deposit, loan, bond loan), which fulfils the following conditions: 1) if the term is The granting of the said loan (deposit, loan), maturity of the bonds is not less than five years; (2) if the loan (deposit, loan) contains a provision on the impossibility of its early termination, and the registered conditions bond issues contain provision for early repayment bonds, except for equities (shares) of the borrower's credit institution; 3) if the terms of the loan (deposit, loan) are not substantially different from the market conditions at the time of provision the provision of similar loans (deposits, loans), and interest paid on bonds does not differ significantly from the average interest rate of similar bonds at the time of their placement; 4) if the loan contract (deposit, or the terms and conditions of the bond issued by a registered decision Their release contains a provision that, in the case of bankruptcy of the credit institution, the requirements of the loan (deposit, loan), these bonds are satisfied after all other creditors ' claims have been satisfied. Article 50-40. Accounts payable in the insolvency production 1. The insolvency representative shall make settlements with creditors in accordance with the creditor's register. Calculations with creditors to satisfy the claims included in the above registry on the basis of copies of the documents referred to in article 50-28, paragraph 1, of this Federal Act shall be exercised only upon presentation of the original creditors. The documents confirming the validity of these claims. Persons who have the right, in accordance with article 50 to 37 of this Federal Law, to perform the obligations of the credit institution, make settlements with creditors in accordance with the register of creditors ' claims. 2. The creditors 'claims of each subsequent queue are met after full satisfaction of the creditors' claims of the previous queue. 3. In the event of a creditor's failure to accept funds, these funds are made by the insolvency representative by the notary at the place where the credit institution (its subsidiaries) is located, as reported to the creditor. 4. If a credit institution is insufficient to meet the creditors ' claims, the money is distributed among the creditors of the appropriate queue in proportion to the amount of their claims included in the register. claims of creditors. 5. Claims against creditors following the closure of the creditors 'registry are satisfied by the assets of the credit institution remaining after the creditors' claims filed within the established time period and on the registry claims of creditors. Calculations with creditors are made by a competitive insolvency representative in the manner prescribed by this article. 6. Claims of first-turn creditors after the closure of the creditors 'registry, but before the settlement is completed with all creditors, after the completion of the first-in-turn creditors' claims, to be satisfied before the claims of the creditors of the subsequent queue are satisfied. Pending the full satisfaction of the creditors ' claims in the first queue, the claims of the creditors of the subsequent queue are suspended. In the event that such claims have been made prior to the completion of the calculations with first-turn creditors, they are to be satisfied after the completion of the calculations with first-turn creditors who have submitted their claims within the specified time limit, if funds are available for their satisfaction. 7. In the manner prescribed by paragraph 6 of this article, the claims of first-turn creditors brought before the closure of the register of creditors ' claims but established in the manner provided for in article 50, paragraph 3, subparagraphs 2 to 4, are to be satisfied. of this Federal Law, respectively: 1) before the end of the calculation with all creditors, but after the completion of the calculations with the creditors of the first queue whose claims were set before the start of the calculation with them; 2) the completion of the first-of-the-first-turn creditors ' claims are installed prior to the start of the calculation with them. 8. Claims by creditors of the second queue, brought before all creditors, including after the closure of the register of claims of creditors, are to be satisfied in a manner similar to that set out in paragraph 6 of this article. 9. In the case of arbitration proceedings before the arbitral tribunal, the date of the commencement of the calculation of the dispute between the insolvency representative and the creditor upon the creditor's claim prior to the closure of the creditors ' claims, The insolvency representative is obliged to reserve funds in an amount sufficient to satisfy the creditors ' claims in proportion to the requirements of the creditor. 10. Satisfied claims of creditors, as well as those requirements for which there are other grounds for terminating obligations, are considered to be extinguated. Claims of creditors not satisfied owing to the lack of assets of the credit institution are also deemed to have been liquidated. The failure to meet the requirements of creditors by entering into an agreement on the foot, the novation of the obligation, as well as the set-off of claims in the insolvency proceedings, is not permitted. 11. The insolvency representative shall enter into the register of creditors 'claims for payment of the creditors' claims. 12. The details of the repayment of claims of creditors of each queue are sent to the Bank of Russia no later than five days from the day of the completion of the calculations with the creditors of the relevant queue. Article 50-41. Liability of a third person for illegal receipt of the property of a credit institution 1. A creditor whose claims have not been fully satisfied due to the lack of assets of the credit institution has the right to claim against a third party, including another creditor who has been illicitly acquired by the credit institution. A creditor whose claims were not fully satisfied due to insufficient assets of the credit institution, are entitled to appeal to the court, the arbitral tribunal, the arbitral tribunal, and the claim for the extermination of illegally obtained property -The credit institution and the recovery of claims for the said property in the amount of claims remaining outstanding during the competitive process. The illegality of obtaining the property of a credit institution by a third person is determined by the court, the arbitral tribunal, the arbitral tribunal by invalidating the transaction in which the third person was transferred OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In the case of satisfaction of the court, the arbitral tribunal, the arbitral tribunal, the claim of which the creditor was not satisfied in full due to the lack of property of the credit institution, becomes the beneficiary in the case of the property, regardless of the grounds on which the third person's receipt of the assets of the credit institution was found to be unlawful. In the absence of such property, or upon application by a third person, the court, the arbitral tribunal, the arbitral tribunal may grant the claim of the creditor by collection of the relevant amount without seeking the recovery of the credit institution's property. The Realization (sale) of property that is recovered is made by selling it from public bidding in accordance with the procedure established by the procedural legislation of the Russian Federation. 3. The cases referred to in paragraph 1 of this article may be filed within 10 years from the day of the completion of the bankruptcy proceedings, regardless of the grounds on which the third person's receipt of the property of the credit institution is unlawful. Article 50-42. Interim liquidation balance and liquidation balance 1. Following the compilation and closure of the register of creditor claims, the insolvency representative shall, within a period not later than six months from the date of commencement of the insolvency proceedings, draw up an interim liquidation balance, which shall contain information on the composition of the property the credit institution being dissolved, the list of creditors ' claims, as well as information on the payments made to creditors of the first stage. The period for the compilation of the register of creditors ' claims and the period for establishing the interim liquidation balance may be extended by the arbitral tribunal upon the application of the insolvency representative. 2. The interim liquidation balance and liquidation balance shall be prepared in accordance with the Bank of Russia regulations and submitted to the Bank of Russia for approval. The period of approval by the Bank of Russia of the interim liquidation balance and the liquidation balance may not exceed 30 days from the Bank of Russia's application of documents established by Bank of Russia regulations. Article 50-43. The { \cs6\f1\cf6\lang1024 } CompetieControl { \cs6\f1\cf6\lang1024 } { \b } { \b After the completion of the accounts with the creditors, the reconciliation of the liquidation balance, and the termination of the bankruptcy proceedings in the case provided for in article 50, paragraph 1, subparagraph 2, of this Federal Act, The manager is obliged to submit to the arbitral tribunal a report on the results of the competitive process. 2. The report of the tender manager on the results of the competitive process is attached: 1) liquidation balance; 2) documents confirming the sale of the property of the credit institution and the grounds for write-off property; 3) a register of creditor claims, with an indication of the size of the payable claims of creditors. Article 50-44. Finalization of the competitive process 1. After examination by the arbitral tribunal of a report by the insolvency representative on the results of the insolvency proceedings, the arbitral tribunal shall determine the completion of the insolvency proceedings and, in the event of the payment of the claims of creditors, Article 50-37 of this Federal Law is the definition of the termination of bankruptcy proceedings, which are sent to the insolvency representative and the Bank of Russia. The definition of the completion of the insolvency proceedings and the determination of the termination of the bankruptcy proceedings are subject to immediate execution. In the case of a decision to terminate the bankruptcy proceedings, the decision of the arbitral tribunal to declare the credit institution bankrupt and the commencement of the insolvency proceedings is not subject to further execution. 2. The contest manager is obliged to submit to the Bank of Russia the definition of the arbitration court and other documents in accordance with Federal Law N 129-FZ " On State Registration of Legal Persons and Individual Entrepreneurs " (hereinafter referred to as the Federal Act on State Registration) of legal entities and individual entrepreneurs ") and the Federal The law on banks and banking activities 3. The incorporation into a single State register of legal entities of the State registration of a credit institution in connection with its liquidation is carried out in the manner prescribed by the Federal Law "About the state registration of legal entities and individual entrepreneurs", taking into account the peculiarities of this registration established by federal law About banks and banking activities. "; 26) in article 51: (a), paragraph 1 should read: " 1. If the value of the property of the credit institution in respect of which the decision on liquidation is taken is insufficient to satisfy the creditors ' claims of the credit institution, such a credit institution shall be liquidated in the manner provided for in the present report. In paragraph 3, after the words "(the obligation)", paragraph 3 should be inserted after the words "within the 10-day period"; 27), article 52 should be amended to read: " Article 52. Bankruptcy of the missing credit institution 1. In cases where the debtor's credit institution has actually terminated its activity, there is no or if it is not possible to establish its location and the place of residence of its managers, a declaration of acceptance of such a credit The organization may be filed by a competitive creditor, an authorized body, and also by the Bank of Russia, regardless of the size of the accounts payable. 2. The arbitral tribunal in the thirty-day period from the date of acceptance of the application for recognition of the absent credit institution shall rule on the recognition of the debtor's absent credit organization and the opening of the competition production. The Agency shall be approved by the insolvency representative of the debtor's missing credit organization. No remuneration is assigned to the Agency for the exercise of the powers of the insolvency representative of the debtor. 3. The insolvency representative shall notify in writing of the bankruptcy of the absent credit organization of all the creditors who are known to the credit institution, who may present their claim within thirty days from the date of receipt of the notice The requirements of the insolvency representative. 4. At the request of the insolvency representative, upon finding the property of a missing credit institution, the arbitral tribunal may decide to terminate the simplified bankruptcy proceedings and to proceed with the bankruptcy proceedings, under this Federal Act. 5. The satisfaction of the creditors ' claims of the debtor's absent credit institution shall be carried out in the order of priority provided for in article 50 to 36 of this Federal Law. However, court costs are not covered. 6. The decision of the arbitration court on the recognition of the bankrupt credit institution is sent to the Bank of Russia, as well as to the federal executive authority, which performs state registration of legal entities, which enters into a single entity. The public register of legal entities that the credit institution is in the process of liquidation. "; 28), chapter VIII recognizes no effect. Article 2 Confess: 1) Federal Act of 2 January 2000 N 6-FZ " On making changes to The insolvency (bankruptcy) of credit institutions of the Russian Federation (Parliament of the Russian Federation, 2000, No. 127); 2) paragraphs 4 and 10, paragraphs 19-24 of Article 1 of the Federal Law of 19 June 2001 N 86-FZ " On introducing amendments and additions to Federal Law "On the insolvency (bankruptcy) of credit organizations" (Collection of Laws of the Russian Federation, 2001, No. 26, Art. 2590); 3) Federal Law of 7 August 2001 N 116-FZ " On amendments and additions to the Federal Law on Insolvency Law " (...) (...) 3419); 4) paragraphs 2 to 7 of Article 2 of Federal Law of 21 March 2002 N 31-FZ " On the approximation of the laws OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1093); 5) Article 17 of the Federal Law of 8 December 2003 N 169-FZ " On amendments to some legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4855). Article 3 1. The law enters into force at the expiration of three months from the date of its official publication. 2. This Federal Act applies to cases of bankruptcy of credit institutions that have been opened after the day of its entry into force. 3. Upon removal of the (release) arbitral tribunal of the insolvency representative accredited to the Bank of Russia, approved prior to the entry into force of this Federal Law, from the performance of the duties of a competitive administering arbitral tribunal The Bank of Russia may approve the application of the Bank of Russia in accordance with the procedure provided by this Federal Law, approve the tender control agency or other insolvency representative of the Bank of Russia accredited to the Bank of Russia. The subsequent removal (release) of the insolvency representative of the Bank of Russia accredited by the Bank of the Russian Federation shall be carried out in accordance with the procedure provided for by this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 20 August 2004 N 121-FZ