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On Amending The Law Of The Russian Federation "on The Organization Of Insurance Business In The Russian Federation" And In Article 2 Of The Federal Law "about Entry Of Changes And Additions In The Law Of The Russian Federation" On The Organization Of I...

Original Language Title: О внесении изменений в Закон Российской Федерации "Об организации страхового дела в Российской Федерации" и в статью 2 Федерального закона "О внесении изменений и дополнений в Закон Российской Федерации "Об организации страхового дела в Российской Федерац

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RUSSIAN FEDERATION FEDERAL LAW OF THE RUSSIAN FEDERATION On the organization of the insurance business in the Russian Federation and article 2 of the Federal Law OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation " Adopted by the State Duma on 18 February 2005 Approved by the Federation Council on 25 February 2005 (In the federal laws dated 25.12.2012 N 267-FZ; dated 23.07.2013 N 234-FZ) Article 1 Amend the Law of the Russian Federation of 27 November 1992 N 4015 -I " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 56; Legislative Assembly of the Russian Federation, 1998, No. 1, art. 4; 1999, N 47, sect. 5622; 2002, N 12, st. 1093; 2003, N 50, sect. 4858) the following changes: 1) in article 4-1, paragraph 1: (a) in subparagraph 7, replace the words "State supervision over the activities of the entities of the insurance business" with the words "insurance supervisory and oversight functions" (insurance business) "; b) to supplement subparagraph 8 as follows: " 8) the association of insurance entities, including self-regulating organizations. "; (2) in article 6: (a) in paragraph 7 of paragraph 3 The words "to have a nationality" are replaced by the words " to reside permanently in the "; b) (Sprame-Federal Law of 23 July 2013). N 234-FZ) 3) in article 8: (a) paragraph 1 should read: " 1. Insurance agents-permanent residents of the territory of the Russian Federation and carrying out their activities under a civil law contract, natural persons or Russian legal entities (commercial organizations) that represent The insurer in relations with the insurer and acts on behalf of the insurer and on behalf of the insurer in accordance with the authority granted. "; (b) the first paragraph 2 should read as follows: " 2. Insurance brokers-permanent residents of the Russian Federation and registered in accordance with the procedure established by the legislation of the Russian Federation as individual entrepreneurs, individuals or Russian legal entities (commercial entities) that act in the interests of the insured (the insurer) or the insurer (reinsurer) and carry out activities related to the conclusion of insurance (reinsurance) contracts between the insurer (the reinsurer) and the insurer (the policyholder), as well as with the performance of the said contracts (hereinafter referred to as the services of an insurance broker). In the provision of services related to the conclusion of these contracts, the insurance broker may not act simultaneously in the interest of the insurer and the insurer. "; , paragraph 3, amend the text to read: " 3. Activities of insurance agents and insurance brokers to provide services related to the conclusion and execution of insurance contracts (excluding reinsurance contracts) with foreign insurance organizations or foreign insurance brokers, on the territory of the Russian Federation is not allowed. "; g) to supplement paragraph 4 with the following: " 4. To conclude reinsurance contracts with foreign insurance organizations, the insurers are entitled to enter into contracts with foreign insurance brokers. "; 4) (Spaced by Federal Law dated 23.07.2013. N 234-FZ) 5) in article 25, paragraph 4, the word "supervision" should be replaced by "regulation"; 6) in article 26: (a) in paragraph 1, the word "supervision" should be replaced by "regulation"; b) in the first paragraph of the paragraph Replace the word "control" with "regulation"; 7) in article 28: (a) in paragraph (1) the word "supervision" should be replaced by the word "control"; insurance regulation "; 8) in article 30: (a) paragraph 2 Paragraph 3, amend to read: " The insurance supervision authority shall publish in a certain printed body: 1) the clarification of matters within the competence of the insurance supervisory authority; 2) information from Single State Register of Insurance Actors, Register of Associations of Insurance Actors; (3) Acts of Limitation, Suspension or Renewal of the licence to carry out insurance activities; (4) Acts to revoke the licence to carry out insurance activities; 5) other information on the control and supervision of insurance activity (insurance); 6) regulatory legal acts taken by the insurance regulatory authority. "; b) paragraphs 4 and 5 of paragraph 4 (9) Paragraph 2, paragraph 2, second paragraph, paragraph 2, paragraph 2 (a) 5 of this article shall be established by the insurance regulatory authority. "; (b) Paragraph 10, after the word "insurers", should be supplemented by the words "and insurance brokers"; (10) in article 32 (1): (a), after the word "insurer", add the words "or insurance broker"; b) paragraph 3 (c) In paragraph 5, replace the words "have a nationality" with the words "permanent residence in the territory"; 11) article 32-2 to be repealed; 12) in paragraph 1 of article 32 (3): the word "supervision" should be replaced by the word "regulations"; b) class="ed"> (Overtaken by Federal Law of 25.12.2012 N 267-FZ) 13) in article 32-6: (a) in paragraph 4, replace the words "by the insurance authority" with the words "this Law"; (b) paragraphs 5 to 7 should read: " 5. The limitation of the insurer's license implies a ban on the conclusion of insurance contracts on certain types of insurance, reinsurance contracts, and the introduction of changes resulting in an increase in the obligations of the insurer in the respective Treaties. 6. Suspension of the license of the subject of the insurance business means the prohibition of the conclusion of insurance contracts, reinsurance contracts, insurance broker contracts, and the introduction of changes resulting in an increase Obligations of the subject of the insurance case, in the relevant treaties. 7. The decision of the insurance supervisory authority to restrict or suspend the licence shall be published in the printed organ designated by the insurance supervisory authority within 10 working days of the date of such decision and shall enter into force from the day of the publication. The decision of the insurance supervisory authority to restrict or suspend the licence shall be sent to the subject of the insurance in writing within five working days from the date of entry into force of the decision, together with the reasons for the restriction, or Article 32, paragraph 2, of Article 32, paragraph 2, of the Code of Criminal Code. The termination of the insurer's insurance activity of the insurance case or its liquidation in connection with revocation of the license 1. The decision of the court, as well as the decision of the insurance supervisory authority to revoke the license, including the subject of the insurance case, is the basis for terminating the insurance activity of the subject of the insurance case. 2. The authority of insurance supervision decision to revoke the license is accepted: 1) in the conduct of insurance supervision: if the subject of the insurance case is not removed by the insurance company in the prescribed period of violations of the insurance legislation that have appeared The basis for the restriction or suspension of the licence; , if the subject of the insurance business within 12 months from the date of receipt of the licence has not started or is not carrying out the licence within a fiscal year; in other Federal law of cases; 2) on the initiative of the subject of the insurance case-on the basis of his application in writing to refuse to carry out the stipulated activity. 3. The decision of the insurance supervisory authority to revoke the license is to be published in a printed body, determined by the insurance supervision authority, within 10 working days of the date of such decision and enters into force from the day of its publication, unless otherwise provided by the State party. established by federal law. The decision of the insurance supervisory authority to revoke the license is sent to the subject of the insurance case in writing within five working days from the date of the entry into force of the decision, indicating the reasons for the revocation of the licence. A copy of the decision to revoke the licence shall be sent to the appropriate executive authority in accordance with the legislation of the Russian Federation. 4. From the day of the entry into force of the decision of the insurance supervisory authority to revoke the license, the subject of the insurance business is not entitled to conclude insurance contracts, reinsurance contracts, insurance broker contracts, and also to make changes in the subject An increase in the obligations of the subject of the insurance case into the relevant contracts. 5. Until six months after the entry into force of the decision of the insurance supervisory authority to revoke the license, the subject of the insurance business is obliged: 1) to accept the decision on the termination of the insurance in accordance with the legislation of the Russian Federation. activity; 2) to fulfill obligations arising from the insurance (reinsurance) contracts, including insurance payments on the resulting insurance cases; 3) Insurance (portfolio) and (or) avoidance of contracts insurance, reinsurance contracts, insurance broker contracts. 6. Insurer within one month from the day of the entry into force of the decision of the insurance supervisory authority to revoke the license, notifies the insurers of the withdrawal of the license, the early termination of the insurance contracts, reinsurance contracts and/or the transfer (c) The obligations assumed under the insurance contracts (the insurance portfolio), with an indication of the insurer to which the insurance portfolio can be transferred. The notice also recognizes the publication of this information in periodicals, each of which has a circulation of at least 10,000 copies and is distributed throughout the territory Insurers. 7. Obligations under the insurance contracts on which the parties ' relations are not settled shall, after three months from the date of entry into force of the decision of the Insurance Supervisory Authority, be transferred to the other insurer. The transfer of obligations entered into under the said contracts (insurance portfolio) is carried out with the consent of the insurance supervisory authority. The insurance supervision authority shall send the decision in writing on consent to the transfer of the insurance portfolio or the refusal to grant such consent following a review of the insurer's insurance portfolio within 20 working days after the day of submission of the application for the transfer of the insurance portfolio. The insurance supervisory authority does not agree to the transfer of the insurance portfolio if, based on a check of the solvency of the insurance portfolio of the insurance portfolio, it is established that the insurer does not have sufficient funds of its own, that is, it does not meet the requirements of capacity to pay, taking into account the renewed commitments. 8. Before fulfilling the obligations set out in paragraph 5 of this article, the subject of the insurance shall submit quarterly accounting records to the insurance supervisory authority. 9. Before the expiration of six months from the date of the entry into force of the decision of the insurance supervisory authority to revoke the licence, the subject of the insurance business is obliged to submit to the body of insurance supervision documents confirming fulfillment of the obligations stipulated in paragraph 5. of this article: (1) the decision to discontinue the insurance activity taken by the authority of the insurance company, the legal entity authorized to make the said decisions in accordance with the constituent instruments, or the subject of an insurance business registered in the established legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The termination of obligations arising from insurance (reinsurance) contracts, insurance broker contracts, and documents confirming the transfer of obligations assumed under the insurance contracts (insurance portfolio); 3) accounting records with a tax authority mark and The auditor's report shall be concluded at the next reporting date by the day of the expiration of six months from the date of the entry into force of the decision of the insurance supervisory authority to withdraw the licence; 4) the original license. 10. In the event of failure of the insurance supervisory authority to obtain the documents referred to in paragraph 9 of this article, before the expiration of six months after the date of the entry into force of the decision of the insurance supervisory authority to revoke the licence, the insurance supervisory authority is obliged to apply to the A court with a claim for the liquidation of the subject of the insurance business-the legal person or the termination of the subject of the insurance business by the individual of the activity as an individual entrepreneor. ". Article 2 Article 2 Federal Act dated 10 December 2003 N 172-FZ " On introducing amendments and additions to the Russian Federation's Law "On the organization of the insurance business in the Russian Federation" and recognition OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4858) The following changes: 1), paragraph 5 of Part 1, should be supplemented with the following sentences: " Before 1 July of the following year, the following insurance organizations are required to comply with the requirements of the paragraphs 4-9 articles 32-8 of the Law of the Russian Federation of 27 November 1992 No. 4015-I "On the organization of the insurance business in the Russian Federation". In case of failure to comply with these requirements, the insurance supervisory authority is obliged to apply to the court for the liquidation of insurance organizations. "; 2), second part 2, paragraph 2, with the following sentences:" Until 1 July 2008 The insurance organizations are obliged to comply with the requirements set out in Article 32, paragraph 4-9 of the Law of the Russian Federation of 27 November 1992 No. 4015-I "On the organization of the insurance business in the Russian Federation". In case of failure to comply with these requirements, the insurance supervisory authority is obliged to apply to the court for the liquidation of insurance organizations. "; 3) Part 3 should read: " 3. Mutual insurance companies and insurance brokers are required to obtain licenses before July 1, 2007, insurance organizations-licenses for reinsurance until July 1, 2007. ". President of the Russian Federation Vladimir Putin Moscow, Kremlin 7 March 2005 N 12-FZ