On Payments To The Bank Of Russia On Individuals ' Deposits In Bankrupt Banks Recognized, Is Not Participating In The System Of Compulsory Insurance Of Natural Persons Deposits In Banks Of The Russian Federation

Original Language Title: О выплатах Банка России по вкладам физических лиц в признанных банкротами банках, не участвующих в системе обязательного страхования вкладов физических лиц в банках Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Bank of Russia payments on deposits of individuals in recognized banks that are not part of the system mandatory deposit insurance Physical persons in banks Russian Federation adopted by the State Duma on July 10, 2004 Approved by the Federation Council on July 15, 2004 laws dated 27.07.2006. N 150-FZ; of 13.03.2007 N 34-FZ; of 13.10.2008 N 174-FZ; of 22 December 2008 N 270-FZ; dated 28.07.2012. N 144-FZ; dated 21.07.2014 N 218-FZ; of 22.12.2014 N 432-FZ Article 1. The purpose of this Federal Law is the establishment of legal, financial and organizational bases for the payment of the Bank of Russia's payments on deposits of individuals in bankrupt-recognized banks, not OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2. Subject of this Federal Law 1. The Federal Law regulates the conditions of payment of the Bank of Russia payments on deposits of individuals in recognized bankrupt banks that do not participate in the deposit insurance system, the size of these payments, the order of their implementation and the transition to the Bank. Russian Federation of claims to a bankrupt bank in the amount of payments made. 2. The relations arising from payments by the Bank of Russia on deposits of individuals in banks not participating in the deposit insurance system are regulated by this Federal Law and the regulations adopted under it by the Bank of Russia. The Bank of Russia. Article 3. Basic concepts used in this Federal Law This Federal Law uses the following basic concepts: 1) cash deposits in the currency of the Russian Federation or in foreign currency. foreign currency held by individuals in a bank not participating in the deposit insurance system in the territory of the Russian Federation on the basis of a banking deposit or a bank account agreement, including the capitalized interest on the amount of the contribution; 2) the depositor is a citizen of the Russian Federation A Federation, a foreign national or stateless person who has concluded a bank deposit or a bank account agreement with a bank, or any one of the listed individuals in favour of the deposit; 3) the payment of the Bank of Russia-the sum of money, to be paid to the depositor under this Federal Act in the amount, order and subject to the conditions established by this Federal Law; 4) bank not participating in the deposit insurance system,-bank, not as at the date of revocation of the license for banking transactions to the register of banks, the deposit insurance system, in accordance with the procedure provided by the Federal Law of 23 December 2003 No. 177-FZ " On deposit insurance persons in banks of the Russian Federation ". Article 4. Deposits with payments of the Bank of Russia 1. In accordance with this Federal Law, payments by the Bank of Russia shall be made on deposit (deposits) in the amount, order and subject to the conditions established by this Federal Law, with the exception of the funds referred to in Part 2. of this article. 2. The Bank of Russia's payments under this Federal Act are not effected by money: 1) bank accounts (in deposits) of individuals engaged in business activities without Education of a legal person, if such accounts (deposits) are open for the implementation of the federal law of business and also placed in bank accounts (in deposits) of lawyers, notaries and other persons, if such Account (s) are open for implementation of the Federal The law of professional activity; (as amended by the Federal Act of 22 December 2008). N 270-FZ) 2) persons placed in the bank deposits of the bearer, including the certified savings certificate and the (or) savings book deposited by the claimant; 3) to banks in trust management; 4) placed in deposits outside the Russian Federation by branches of Russian Federation banks; 5) placed on Nominal accounts, security accounts and escrow accounts. (The paragraph is amended by the Federal Law of July 21, 2014). N 218-FZ) 3. The person who acquired the depositor's right to make a deposit after the revocation of the Bank of Russia's license to carry out banking transactions from the bank does not have the right to receive payment of the Bank of Russia, " the bank said in a statement. The acquisition, by way of succession, of the right of claim for deposit, on which payment of the Bank of Russia was not made. The Bank of Russia's license to carry out banking transactions the rights of depositors ' rights to the depositors of each of them after the revocation of the Bank of Russia's license to conduct banking transactions acquires the right to a part of the Bank of Russia's unpayable payment in the amount proportionate to the amount of the claim on the said deposit (s). The acquisition of the right to make a contribution (deposits) through inheritance does not affect the calculation of the Bank of Russia's own contribution to the bank's own contribution (deposits). (...) (...) N 270-FZ) Article 5. Terms and conditions of payment of the Bank of Russia For the Bank of Russia to decide on the payment of these payments, the following conditions must be met simultaneously: 1) the decision by the arbitral tribunal to recognize the credit. Bankrupt organization; 2) expiration of Chapter IX Chapter IX of the Federal Act of 26 October 2002 on Insolvency (bankruptcy) (hereinafter referred to as the Federal Insolvency Law) (bankruptcy)) The deadline for the initial payment of first-turn to creditors. In the wording of Federal Law No. N 432-FZ) Article 6. The size of the Bank of Russia's payments 1. The amount of the Bank of Russia's payments is determined on the basis of 100% of the amount of the amount recognized in accordance with the insolvency law (bankruptcy) of the depositors determined in accordance with Article 4 of this Federal Law, but not More than 700,000 roubles, net of the amount of preliminary payments to creditors of the first queue executed by the insolvency representative pursuant to chapter IX, paragraph 4-1, of the Federal Law "On insolvency (bankruptcy)". of 22.12.2014 N 432-FZ) If the bank is declared bankrupt, the amount of the Bank of Russia's payment is determined on the basis of the difference between the amount recognized under the law The insolvency (bankruptcy) of the claims of the depositor and the amounts of the counterclaims of the bank to the depositor and the preliminary payments to creditors of the first queue made by the insolvency representative in accordance with paragraph 4-1 of the chapter IX Federal Law "On insolvency (bankruptcy)". " The bank's counterclaims to the depositor are understood to be the monetary liabilities of the depositor to the bank under civil and legal transactions and (or) other grounds provided for in the legislation of the Russian Federation. is the debtor of the bank. (In the wording of the federal laws of 22 December 2008, N 270-FZ; of 22.12.2014 N 432-FZ 2. Payments made by the Bank of Russia are carried out separately for each bank not participating in the deposit insurance system, in which the depositor has deposits (deposits). 3. The insolvency representative is obliged, within 10 days of the expiration of the period set by Chapter IX of the Federal Law "On Insolvency (bankruptcy)" of the deadline for the initial payment of the first payment to creditors. to submit to the Bank of Russia a report on the preliminary payments to creditors of the first stage, a register of claims of first-turn creditors for the purpose of implementing the advance payments and other documents and information needed for implementation Bank of Russia calculation of these payments in accordance with the procedure established by the Central Bank of Russia The Bank of Russia is the central bank of the Russian Federation. N 432-FZ 4. The insolvency representative is obliged to notify the Bank of Russia at least one month about the terms of starting payments with the creditors of the first queue. 5. The Bank of Russia sets the procedure for calculating the size of payments of the Bank of Russia. Article 7. The procedure for the treatment of depositors with payment Bank of Russia 1. The Bank of Russia is published in the Bulletin of the Bank of Russia for 30 days from the date of receipt of all documents and information provided for in Article 6 part 3 of this Federal Law. The Federal Register of Bankruptcy Details the announcement of the decision to pay the Bank of Russia, the date of commencement and termination of these payments, the procedure for the treatment of depositors with applications for the payment of these payments, as well as the procedure for their implementation. At the same time, the Bank of Russia is sending a notification of the Bank of Russia's announcement of the decision to the insolvency representative. From the day of publication of the said announcement and until the day of termination of the Bank of Russia's payment, the insolvency representative is prohibited from making payments with the creditors of the first stage without the written consent of the Bank of Russia. The Bank of Russia has the right to refuse to agree on further payments with the creditors of the first queue in case the implementation of the first stage creditor's payments leads to the violation of the rights of the Bank of Russia as a creditor of the first queue in the amount of actual payments. Payments made by the Bank of Russia. N 144-FZ) 1-1. The inclusion by the Bank of Russia of the particulars referred to in part 1 of this article in the Single Federal Register of Bankruptcy is not charged. (Part of the addition is the Federal Law of 28 July 2012. N 144-FZ) 2. In case of an application for payment of the Bank of Russia, the period specified in Part 1 of this article may be restored by the Bank of Russia in accordance with the procedure established by the depositor. The following circumstances: (1) if the depositor of the depositor of the Bank of Russia's application for payment of the Bank of Russia's payment was impeded by an extraordinary and non-avoidable circumstance (irresiless force); (2) if the depositor (Passed) military service on appeal or was (is) in OF THE PRESIDENT OF THE RUSSIAN FEDERATION (including his severe illness, a helpless condition). 3. When a statement is made on the implementation of the payment of the Bank of Russia, the depositor submits: 1) a statement on the form set by the Bank of Russia; 2) the identity documents. 4. The representative of the depositor, together with the documents referred to in part 3 of this article, also submits a notarized power of attorney in connection with the application of the payment of the Bank of Russia. Article 8. The procedure for payment of the Bank of Russia 1. Payments to the Bank of Russia are carried out in accordance with the procedure established by the Bank of Russia. 2. The Bank of Russia makes payments in the currency of the Russian Federation. 3. Payments made by the Bank of Russia may be made in accordance with the statement on the payment of the Bank of Russia's payment in cash and by transferring funds to the account in the bank specified by the applicant. 4. The Bank of Russia is making statements on the implementation of payments of the Bank of Russia and other necessary documents, as well as the implementation of payments of the Bank of Russia by the Bank of Russia through banks-agents acting on behalf of the Bank of Russia and at its expense. The Bank of Russia sets the procedure for the interaction of banks with the Bank of Russia. The procedure for competitive selection of banks-agents is established by the Bank of Russia. Information on the agent (bank) agent is included in the declaration provided for in article 7, part 1, of this Federal Act. 5. The Bank of Russia's payment is not made in the case of: (1) failure to submit documents stipulated by articles 3 and 4 of this Federal Law; 2) the lack of information about the depositor in the in accordance with the provisions of article 6, paragraph 2, of the Constitution. 6. In case of refusal of payment of the Bank of Russia, the agent is obliged within five working days from the day of the decision to send the notification to the applicant, which can be appealed in the court order within 30 days from the date of payment. 7. The Bank of Russia will send one copy of the original register of payments made by the Bank of Russia to the Bank of Russia and Bank of Russia within five working days. The amount of money provided by the Bank of Russia to the Bank of Russia for the purpose of paying the Bank of Russia's payments is not in demand, " the statement said. Article 9. Consequences of the payment of the Bank of Russia 1. After the Bank of Russia payments are made by the agent bank (agents) to the Bank of Russia, the rights of the depositors ' claim to a recognized bankrupt can be transferred to the bank within the funds actually paid by the bank agent (agents). 2. In the course of the competitive process in the bank, against the depositors of which the Bank of Russia was paid, the requirements transferred to the Bank of Russia as a result of payments made by the Bank of Russia are satisfied in the first queue of the recognized creditors. The bank's bankrupt. Article 10. Entry into force of this Federal Law This Federal Law shall enter into force one month after the date of its official publication. This Federal Act applies to legal relations arising from the recognition of bankrupt banks that are not part of the deposit insurance system whose banking licence has been revoked after the date of payment. The entry into force of Federal Act No. 177-FZ of 23 December 2003 on insurance of deposits of individuals in banks of the Russian Federation. President of the Russian Federation Vladimir Putin Moscow, Kremlin 29 July 2004 N 96-FZ