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Original Language Title: О взаимном страховании

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RUSSIAN FEDERATION FEDERAL LAW On mutual insurance Adopted by the State Duma on 7 November 2007 Approved by the Federation Council on 16 November 2007 class="ed">(In the version of federal laws of 30.12.2012) N 294-FZ; dated 23.07.2013 N 251-FZ; dated 04.11.2014 N 344-FZ; dated 13.07.2015. N 236-FZ Article 1. The legal basis for mutual insurance 1. The legal basis for mutual insurance is the Constitution of the Russian Federation, this Federal Law, other federal laws and other normative legal acts of the Russian Federation. 2. Mutual insurance is the insurance of the property interests of members of society on a reciprocal basis by combining the mutual insurance of the necessary funds in the society. 3. Mutual insurance is carried out by the mutual insurance company. Article 2. Scope of this Federal Law The subject of regulation of this Federal Act is the relationship between the mutual insurance of the property interests of members of the society Insurance (hereafter referred to as a society) created as a non-profit organization, as well as the establishment of the legal status of the society, the conditions of its activities, the rights and duties of members of society. Article 3. The procedure for implementing mutual insurance 1. Mutual insurance by society of the property interests of its members shall be carried out directly on the basis of the Constitution of the society, in the case, if the charter of the society provides for the conclusion of the insurance contract, on the basis of such agreement. 2. Only property interests related to the implementation of the same type of insurance are subject to mutual insurance, directly under the rules of the society. In this case, the insurance rules are an integral part of the society's charter and must determine the same conditions of mutual insurance for all members of society. 3. The Society undertakes to make an insurance payment to the member of the society who has paid the insurance premium or the beneficiary in the order and within the time limits fixed by the contract Insurance and/or insurance rules. 4. The risk of an insurance claim (insurance claim) taken by society may be insured against the insurer licensed to perform the reinsurance. The insurer could not be a member of that society. 5. The society shall not be entitled to compulsory insurance unless such right is provided for under the federal law on a specific type of compulsory insurance. Article 4. Mutual insurance objects The objects of mutual insurance are objects of property insurance, that is, property interests of members of the community related, inter alia, to: 1) possession, use and disposition property (property insurance); 2) the risk of liability for damage to the life, health or property of others, and, in the cases provided for by law, the risk of liability for breach of contract (...) (...) Law of 30.12.2012 N 294-FZ) 3) business activity (business risk insurance). Article 5. The concept of mutual insurance and its create 1. For the purposes of mutual insurance, a non-profit organization based on membership is established in the form of a mutual insurance company. 2. The provisions of article 32, paragraphs 3, 5, 7, 10 and 14 of article 32 of the Federal Act of 12 January 1996, No. 7-FZ " On Non-profit organizations " governing the procedure for monitoring the activities of non-profit organizations. 3. Unless otherwise provided by this Federal Act, a society may be established on the initiative of at least five individuals, but not more than two thousand individuals or on the initiative of at least five individuals and at least three persons Legal entities, but not more than two thousand individuals, and not more than five hundred legal persons who have formed a general assembly, which takes the society tired of society, are formed by the organs of public administration and the organs of control of the society. A society may also be created as a result of the reorganization of a legal entity, including in the form of a transformation, in accordance with the legislation of the Russian Federation, with the exception of a society established under articles 23 to 1 and 23 to 2 of this Federal Law. (In the wording of the Federal Law No. N 236-FZ) 4. The number of members of society cannot be less than five individuals, but more than two thousand individuals or less than five individuals and less than three legal entities, but more than two thousand individuals and more than five hundred legal entities, if is not provided for by this Federal Act. The society is maintaining a list of members of society. (In the wording of the federal laws of 30 December 2012, N 294-FZ; dated 13.07.2015 N236-FZ) 5. The society is entitled to mutual insurance from the moment of obtaining a licence to perform mutual insurance in accordance with the Law of the Russian Federation dated November 27, 1992, N 4015 -I "On the organization of the insurance business in the Russian Federation". 6. The information about societies is to be entered into a single state register of insurance entities in the order established by the Bank of Russia. (In the wording of Federal Law dated 23.07.2013 N 251-FZ 7. The name of the society should include the words "non-profit organization" and "mutual insurance". 8. The Mutual Insurance Society is obliged to publish in the media and (or) the Internet and telecommunications network (hereinafter referred to as the Internet), including on the official website of the society on the Internet: 1) tired; 2) membership of the community; 3) the order of termination of membership in the society and information about the members of the society that have ceased to be members of society; 4) information on a decision to eliminate society. (Part supplemented-Federal Law of 30.12.2012 N 294-FZ) Article 6. By becoming a society 1. The Ustv Society is the constituent instrument of the society and is approved by the general assembly of the members of society. 2. The requirements of the society's charter are binding on society and its members. 3. The following information: 1) the full and abbreviation of the society in Russian; (2) the location of the company; 3) the object and purpose of the society; 4) the view or The types of insurance that society is implementing; 5) the way in which society is administered, the composition and the competence of the organs of the society and the organs of control of society, the procedure for their establishment and the procedure for taking decisions; 6) conditions and order admission to society, the grounds for exclusion from society and order the termination of membership in the society; 7) the rights and obligations of society to members of society; 8) the rights and duties of members of society; 9) the procedure for making the entrance fee and its size, conditions and procedures other contributions, liability for breach of obligations to make such contributions; 10) terms and conditions of liability for the insurance liability of the society and the manner in which members of the society will be responsible; 11) the establishment of community property and the management of property societies; 12) how to make changes to the weary society; 13) the procedure for reorganizing and dismantling society; 14) defining the procedure for the consideration of disputes between society and its members; (15) rules Insurance in the case of the implementation of mutual insurance by the society on the basis of the statute; 15 -1) information on branches and representative offices of the society; (Paragraph added: Federal law , 30.12.2012 N 294-FZ) 16) other information not contrary to the Russian Federation's legislation. 4. The society should be made available to all persons wishing to join society and members of society. Article 7. Rights and duties of members of society 1. Members of society have the right: 1) to participate in the management of society and to be elected to its organs; 2) to insure their property interests on a reciprocal basis in accordance with the insurance policy and (or) the rules insurance; 3) to receive from the public authorities and the public authority any information about the activities of the society, including the results of its financial audits; 4) out of society; 5) to receive, in the case of the liquidation of the society, a portion of its property remaining after the calculation of the Unless otherwise provided by the legislation of the Russian Federation or by the statutes of the society. 2. Members of society are obliged: 1) to observe the society's tiring; (2) to meet the decisions of the general assembly of members of society, of other organs of society, adopted within their competence; 3) to pay the introductory, Additional and other contributions in accordance with the regulations of the society; 4) to pay the insurance premium in a timely manner. 3. The members of the society are jointly responsible for the liability for the insurance liabilities of the society within the unincorporated portion of the additional contribution from each member of the society. This subsidiary liability means that in the event of an additional contribution by a member of the society, each member of the society is required to make a portion of the additional contribution in proportion to the entitlement of a member of the society insurance premium. (In the wording of Federal Law No. N 294-FZ 4. The members of the society have other rights and duties under the laws of the Russian Federation and the charter of the society. 5. The member of society shall be responsible, on an equal footing with the other members of the society, of the social insurance liabilities of the society arising prior to its entry into society, if this is stipulated in the society's charter and received in written form the consent of the member of the society. Article 8. Discontinuation of membership in the society 1. Membership in society ceases in the case of: (1) voluntary withdrawal of a member of the society; 2) exclusion; 3) death of a member of the society or declaration of death by a member of the society OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Voluntary withdrawal from society should be declared in writing by a member of the public at least thirty days before the actual withdrawal from society. 3. In the case of an alleged exclusion, the member of the public should be informed in writing of the reasons for the exception not later than thirty days before the issue of exclusion from the public for consideration by the general assembly of members of society. 4. The legal person who is the legal successor of the reconstituted legal person is entitled to join the society on the decision of the public administration, unless otherwise stipulated by the Statute of the Society. 5. Termination of membership in a society entails the termination of the insurance contract or termination of mutual insurance on the basis of the statutes of the society, unless otherwise provided by this Federal Law. (B Federal Law of 30 December 2012. N 294-FZ) 6. In case of termination of mutual insurance based on the society's charter in connection with the termination of the insurance risk under the circumstances other than the insurance case, the society is entitled to part of the insurance premium (insurance premiums) In proportion to the time that mutual insurance was in effect. In the case of early termination of mutual insurance on the basis of a society's charter in other cases, the insurance premium (insurance premiums) paid to the society shall not be repaid unless the charter of the society provides otherwise. 7. Early termination of the insurance contract is governed by the rules of the civil law taking into account the features of this Federal Law. (In the wording of Federal Law dated 30.12.2012 N 294-FZ) 8. The member of the society, within two years from the termination of membership in the society on an equal footing with all members of society, bears subsidiary responsibility for the insurance liabilities of the society that arose prior to the day of termination of membership in the society. 9. Upon termination of membership in society, a member of society is entitled to part of the property of the society or to the value of the property within the value of the property made by a member of society as an entrance fee, unless the charter of the society is provided for something else. Article 9. The organs of public administration and the control organ of the society 1. The organs of public administration are the general assembly of members of society, board of society and the director of the society, unless otherwise provided for by this Federal Law. (In the wording of Federal Law dated 13.07.2015 N 236-FZ 2. In the event that members of society are only natural persons in the number of not more than thirty persons, the functions of the public administration may be exercised by a general meeting of the members of society. 3. The supervisory board of the society is the audit commission (the auditor) of the society. 4. The activities of the general assembly of the members of society, the board of the society, the audit commission (auditor) of the society, the director of the society are regulated by the present Federal Law of the Society and the provisions on the organs of public administration and the society monitoring body approved by the general assembly of the members of society. Article 10. General Assembly of Members 1. The general assembly of members of society is the highest organ of public administration. The general assembly of members of society may be ordinary or extraordinary. 2. The general assembly of members of society includes: 1) approving the constitution of the society and making changes to the weary society; (2) approval of the provisions on the organs of public administration and the organ of control of the society; (3) Decision on the admission of new members of society, if the charter of society is not within the competence of the public administration; 4) to make a decision to exclude from the society; 5) adoption of the board of the society of the plan of action of the society for the year, including the financial plan, and the report of the Board society, by the end of the year; 6) the election of the members of the board of society, its chairman, members of the Audit Commission (auditor) of the society, its chairman and early termination of their powers, and consideration of reports about their activities; 7) the appointment and dismissal of the Director of Society, the review of the performance of the Director of Society; 8) (financial) reporting and selection of an audit organization, individual In accordance with the Constitution of the Russian Federation, the law of the State of the Russian Federation does not fall within the competence of the public administration. N 344-FZ ) 9) approval of the company's board of directors and of the Audit Commission (of the Audit) of the Society, if such approval is provided by the Statute of the Society; 10) The public is provided for the conclusion of the insurance contract; 11) the approval of the size of the insurance tariff, as well as the structure of the tariff rate; 12) approval of the conditions for reinsurance of the insurance premium (insurance claim) (...) (...) Formation of reserves that are generated by income remaining after payment of taxes and other obligatory payments and are necessary for the activity of the society; 14) approval of annual report, annual report Accounting (financial) accounting; (In the wording of Federal Law of 23 July 2013) N 251-FZ ) 15) to decide on the source of coverage of the negative financial result of mutual insurance during the reporting year; (In the wording of Federal Law dated 30.12.2012 N 294-FZ 16) Decision on additional contribution and size determination by members of the society; 17) The results of the mutual insurance during the reporting year; (as amended by the Federal Law of 30 December 2012); N 294-FZ) 18) Approvals of the total costs of statutory activities of the society, as well as decisions to make contributions towards the costs of statutory activities of the society; 19) The decision to join associations (unions) and withdraw from associations (unions) of societies; 20) to decide on the reorganization or liquidation of the society and to terminate the membership of society in connection with the elimination of society; 21) Decision of the present Federal Law and the Regulations of the Society Other matters. 3. Issues that fall within the competence of the general assembly of members of society cannot be referred to the decision of the director of society. Issues which fall within the competence of the general assembly of members of society cannot be referred to the decision of the public administration, with the exception of matters stipulated by this Federal Law. 4. The general assembly of members of society is competent to consider any question relating to the activities of society and to decide on the matter, if it is made on the initiative of the board of the society, the audit commission (auditor) of the society or the director at least one tenth of the total number of members of society. 5. The general assembly of members of the public is entitled, if at the meeting, there are at least half of the total number of members of the community. The form of the general assembly of the members of society (assembly or absent-vote) is determined by the decision of the board of the society. In the absence of a quorum, the date of the second general meeting of the members of society shall be declared. A change in the agenda for the reassembly of members of society shall not be permitted. The general assembly of members of society is empowered to make decisions if it is present and (or) represented by at least one third of the total number of members of the public. 6. Decision on matters falling within the competence of the general assembly of members of society, with the exception of the matters referred to in paragraphs 1 and 20 of part 2 of this article, as well as on matters taken up under Part 4 of this article, shall be deemed to have been adopted if more than half of the total number of members of the society voted for it. A decision on the matters referred to in paragraphs 1 and 20 of part 2 of this article shall be deemed accepted if it has voted no less than two thirds of the total number of members of the public. 7. The general assembly of the members of the society is attended by its members and/or their plenipotentiaries, who have the power of attorney of the members of society, in accordance with the procedure established by civil law. Only members of society may be authorized representatives. 8. On the question put to the vote, each member of the society shall have one vote. A member of society shall not vote in any decision to exempt him or her from an elected office or to exclude him from the membership of the public. 9. The right to vote at the general assembly of members of society is available to members of the society who have paid the insurance premium. 10. Decisions taken at the general assembly of members of society shall be communicated to all members of the society in writing and (or) through the mass media, as defined by the constitution of the society, not later than twenty calendar days from the date of their assembly. and are binding on all members of society. Article 11. Conduct general assembly of members of society 1. The general assembly of members of society shall be held at least once a year and not later than four months from the end of the reporting year. 2. The general assembly of members of society shall be convened by the public administration, unless otherwise provided by this Federal Act. 3. The notification of the general assembly of members of society shall be made available to the members of the public for thirty calendar days before the date of the general assembly of the members of society. 4. The general assembly of members of society shall be held by the Chairman of the Board of the Society and, in his absence, by the Vice-President of the Board of the Society. If all of these persons are absent from the general assembly of the members of society, the general assembly of members of society shall itself appoint a chairperson for the assembly. 5. The general assembly of members of society determines the manner in which decisions are made in an open or closed vote. 6. The general assembly of members of society may be conducted in person or in the form of absentative voting, through the use of bulletins or electronic newsletters. (Part supplemented-Federal Law of 30.12.2012 N 294-FZ7. General meeting of the members of the society whose agenda includes the election or early termination of the powers of the members of the board of society, its chairman, members of the Audit Commission (auditor) of the society, its chairman and consideration Reports on their activities, as well as the appointment and (or) dismissal of the Director of the Society and the consideration of his or her activities, cannot be conducted in the form of absentee voting. (Part supplemented-Federal Law of 30.12.2012 N 294-FZ) 8. The agenda of the general assembly of the members of society shall be determined by the public administration and shall be sent to the members of the public together with the notification of the convening of the general assembly no later than thirty calendar days before the date of the general assembly of the members of society. The agenda of the general meeting of the members of society and the materials on the subject may be published in the general meeting of the members of the society of the media or be posted on the Internet and sent to the members of the society by mail, fax or e-mail. (Part supplemented-Federal Law of 30.12.2012 N 294-FZ) 9. At the general meeting of the members of society, a list of persons who have taken part in the general assembly is drawn up and the minutes of the general meeting are kept and signed by the presiding officer and the secretary. The document is accompanied by the documents of the audit commission and other commissions formed by the general meeting of the members of the society. The minutes of the general meeting are posted on the Internet or sent to members of the public through mail, fax or e-mail. (Part supplemented-Federal Law of 30.12.2012 N 294-FZ) Article 12. Extraordinary General Meeting of Members of Society 1. An extraordinary general meeting of members of society may be convened at the initiative of the board of the society, the audit commission (auditor) of the society or the director of the society, or at the request of at least one third of the total number of members of the society. 2. The form of an extraordinary general assembly of the members of the society (assembly or correspondence voting) shall be determined by the decision of the board of the society. The Board of the Society is not entitled to decide on the form of an extraordinary general meeting in the event that the requirement of the Audit Commission (Auditor) of the Society, the Director of Society or the Members of the Society for the Extraordinary General Assembly Members of the public have been instructed to take the form of the document. Article 13. The Board of the Society 1. Between the general meetings of the members of society, the leadership of the society is guided by the rule of society. 2. The authority of the board of society includes: 1) pre-approval and delivery to the general meeting of the society's plan of activity for the year, including the financial plan, and the report on the activities of the society by the end of the year; 2) consideration of reports on the activities of the director of the society; 3) the decision to admit new members of society, if the charter of the society is within the competence of the board of society; 4) the decision to terminate the membership in with the exception of the termination of membership in the society in the case of Article 8, paragraph 2, of this Federal Law; 5) the decision to convene a general assembly of members of society; (6) making decisions on investing in insurance reserves and other means of society, including on the The acquisition of securities; 7) the decision to conduct an audit of accounting (financial) accounting and the choice of an audit organization, an individual auditor, if the rules of the society are assigned to them The competence of the public administration; (In the wording of the Federal Law dated 04.11.2014. N 344-FZ ) 8) approval of the interim accounting (financial) accounts; (In the federal laws dated 23.07.2013 N 251-FZ; dated 04.11.2014 N 344-FZ ) 9) determining the value of the property of society in the cases established by article 18, paragraph 2, of this Federal Law; 10) control of the performance of mutual insurance by the society of the public interest; 11) other powers defined by the constitution of the society, with the exception of the powers which are reserved for the general assembly of members of society. 3. Members of the board of the society, including the chairman of the board of the society, are elected by the general assembly of members of the society from among the natural persons-members of the society and (or) representatives of legal persons-members of society by secret ballot for the term determined by secret ballot. of the society. Upon the decision of the general assembly of members of society, the powers of any member of the board of society may be terminated early. The quantitative composition of the board of society is determined by the constitution of the society, but there can be no fewer than three persons. 4. A member of the board of society can combine his activities in the management of the society with work in the society under the contract of employment. The number of members of the board of society working in the labour contract society should not exceed one third of the total number of members of the board of society. 5. The board of the society has the right to make decisions if more than half of its members are present at the board meeting. Decisions are made by a simple majority. In the case of the equality of votes, the vote of the chairman of the board of directors shall be decisive. Article 14. The Audit Commission (Audit) of Society 1. The Audit Commission (Audit) is accountable to the general assembly of members of society. The Audit Commission (Audit) of Society shall be elected exclusively from members of society and shall supervise the observance of the Charter of the Society, the work of the organs of the public administration, and shall consider the appeals of members of the society if they are not considered by the board of society. 2. The Audit Commission (Audit) of the Society conducts checks of the financial and economic activity of the society, presents the general meeting of the members of the society with the results of the annual report check and the annual accounting (financial) (...) (...) The general assembly of members of the public is not entitled to approve annual reports and the annual accounting (financial) accounts of the company in the absence of an audit opinion of the public. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 3. The opinion of the Audit Commission (Audit) of the Society should contain: 1) information on the validity of the data contained in the annual reports and the annual accounting (financial) reporting of the society; class="ed"> (In the wording of the Federal Law of 23 July 2013 N 251-FZ ) (2) information about violations of the regulations of the society by the public authorities, if such violations are found; 3) information on the facts of a breach of accounting requirements, including accounting (financial) reporting, annual accounting (financial) reporting established by the legislation of the Russian Federation and proposals for the elimination of such violations, if any. (...) (...) N 344-FZ) 4. The members of the Audit Commission (the auditor) of the Society, including the Chairman of the Audit Commission, are elected by the general assembly of members of society for a term defined by the Statute of the Society. The members of the Audit Commission (the auditor) of the Society are not entitled to transfer their powers to other persons. Upon the decision of the general assembly of members of the public, the terms of reference of any member of the Audit Commission (auditor) may be terminated early. The member of the Board of Audit (Auditor) of the Society may be elected to the Board of the Society or appointed to the post of Director of the Society no earlier than two years after the termination of the term of office of the member of the Audit Commission. 5. Members of the Audit Commission (the auditor) of the society shall not be prohibited from attending the meetings of the Board of the Society. 6. The Commission of Audit (The Audit) of the Society convenes a general meeting of the members of society in the event that the public administration fails to meet the goals and objectives of the society, as well as in the event of failure of the board of the society to comply with the demands of the society One third of the total number of members of the community to convene a general assembly of members of society. 7. The procedure of the audit commission (auditor) of the society is determined by the statute of the society and the regulation of the audit commission of the society. Article 15. The Director of Society 1. The executive organ of society is the Director of Society. The Director of Society is appointed and dismissed by the general assembly of the members of society. The director of society may not be a member of society. 2. The agreement between the society and the director of society is signed on behalf of the society by the person who presided over the general assembly of the members of the society in which the director of the society was elected, or a member of the society authorized by the decision of the general assembly of members of society. In the relations between society and the director of society, the labour legislation is subject to the provisions of this Federal Act which are not contrary to the provisions of this Act. 3. The Director of Society is accountable to the general assembly of the members of society and the public administration. 4. The Director of Society may be a member of the Board of Society, but may not be a member of the Audit Commission (auditor) of the Society. 5. The director of the company carries out the management of the current financial and economic activities of the society in accordance with the charter of the society, the decisions of the general assembly of the members of society, the board of the society, in particular: 1) ensures compliance of the general assembly of members of society, the board of the society; 2) organizes the implementation of mutual insurance by the society; 3) takes part in the board meetings of the society with the right of deliberative vote. 6. The Director of Society acts on behalf of the society without a power of attorney, including representing his interests, making transactions on behalf of the society, approving the state of employees, implementing the employment contract with the society based on the general The general assembly of the members of the society of the expenses associated with the statutory activities of the society issues orders that are binding on the employees of the society. Article 16. Company property 1. The company may own buildings, structures, structures, equipment, tools, cash in rubles and foreign currency, securities and other property not prohibited by law of the Russian Federation. 2. The property of a society may be alienated only in the case and in the manner prescribed by this Federal Law, other federal laws and the statutes of the society. 3. The society is responsible for its obligations to all property belonging to it. 4. Society is not responsible for the obligations of members of society. Article 17. Sources of public property formation The sources of the society's property are: 1) entrance fee; (2) insurance premium (premiums); 3) additional contribution; 4) voluntary cash and other property contributions and donations; 5) income derived from investment and temporary reserves of insurance reserves; (In the wording of Federal Law from 30.12.2012 N 294-FZ) 6) borrowed funds; 7) contributions to cover the costs of statutory activities of the society; 8) other revenues not prohibited by Russian legislation. Article 18. Introductory and additional contributions 1. An opening contribution shall be made by a natural or legal person to cover the costs of statutory activities of the society. An opening contribution may be money and/or other monetary valuation of property (excluding property rights). The opening contribution should not be burdened by obligations. 2. The monetary valuation of the property made for the payment of the entrance fee may be carried out by the board of the society based on the market value of such property. In the event of disagreement by the person submitting the property for the payment of the entrance fee, an independent appraiser shall be engaged to determine the market value of the property in accordance with the terms of the charter of the society. The value of the monetary valuation of property held by the board of society cannot be higher than the valuation performed by an independent evaluator. If the value of non-cash payments for the payment of an entrance fee is more than 300 thousand rubles, an independent valuer is engaged to determine the market value of such property under the terms of the statute of society. The Charter of the society may impose restrictions on the types of property to which an entrance fee may be paid. 3. If the financial result of the mutual insurance is negative as a result of the reporting year, the general meeting of the members of the public at the same time as the approval of the annual accounting (financial) accounts decides on the source of the loss in the reporting year, including the decision to make an additional contribution by members of the society. The loss for the reporting year should be completed within six months from the end of the reporting year. The negative financial result of the mutual insurance should be confirmed by the data of the annual accounting (financial) accounts. (In the wording of Federal Law dated 23.07.2013 N 251-FZ) Article 19. Insurance premium (premiums) 1. The insurance premium is the money that members of the society are obliged to pay in the order and in time stipulated by the insurance policy and (or) the insurance rules. 2. Insurance premiums are used in the determination of the size of the premium (premiums). 3. In the event that the financial result of mutual insurance is a positive result of the reporting year, the general meeting of the members of the society may decide to reduce the insurance premium. Article 20. Insurance reserves To ensure the fulfillment of mutual insurance obligations, the society forms insurance reserves and reserves the funds of insurance reserves in the order and on the terms and conditions of the society Bank of Russia acts. The placement of insurance reserves should be carried out under conditions of diversification, return, profitability and liquidity. The insurance reserve funds are used exclusively for insurance payments. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Article 21. The responsibility of the members of the board of society and of the director of society 1. The members of the board of society and the director of society are responsible to the public for the losses caused to society by their guilty acts (omissions), unless other grounds of liability are provided for by federal laws. However, members of the board who voted against the decision, which caused the society to suffer losses or did not take part in the voting, shall be exempt from liability. 2. If, in accordance with the provisions of this article, responsibility is borne by several persons, their liability to the community shall be joint and several. Article 22. Accounting and reporting, public documents 1. The Society keeps accounting, represents the accounting (financial) and statistical reporting in accordance with the legislation of the Russian Federation. The annual report and the annual accounting (financial) accounts of the society are subject to audit by the Audit Commission (auditor) of the society. (In the wording of the Federal Law of 23.07.2013 N 251-FZ) 2. The society is obliged to keep the following documents at the place of the executive body of the society: 1) the decision to create a society and a document on its state registration; 2) a licence to implement mutual insurance; 3) by the community; 4) list of members of the society; 5) documents confirming the public's right to the property in its balance; 6) internal documents of the society; 7) annual reports, Accounting documents, including Accounting (financial) accounts, of the society; (In the wording of federal laws of 23 July 2013) N 251-FZ; dated 04.11.2014 N 344-FZ ) 8) protocols for general assembly of members of society, minutes of board meetings and decisions of the public administration; 9) the minutes of the audit committee meetings, conclusions and decisions of the audit commission The public, as well as the audit opinions; (as amended by the Federal Law of 04.11.2014). N 344-FZ ) 10) other laws of the Russian Federation, the charter of the society, the decisions of the general assembly of members of society and the decisions of the public administration of the document. 3. Society is obliged to provide members of society with access to the documents provided for in part 2 of this article in accordance with the procedure established by the Statute of the Society. Article 23. Reorganization and elimination of society 1. The reorganization of society may be carried out by the decision of the general assembly of the members of society in the form of fusion, accession, division, allocation and transformation in the manner provided for by the legislation of the Russian Federation. 2. In the event that the number of members of the society exceeds the number of two thousand individuals or two thousand individuals and five hundred legal persons, within six months of the attainment of the ceiling, a reorganization of the society is undertaken in the form of its transformation, separation or separation of one or more societies in the manner provided for by the legislation of the Russian Federation, unless otherwise provided by this Federal Law. (In the version of federal laws of 30.12.2012) N 294-FZ; dated 13.07.2015 N236-FZ) 3. Reorganization of society in the form of transformation is possible only if the society is transformed into a business society that performs insurance. Until the transformation of society was completed, it must stop the insurance liability. 4. The society may be dissolved on the grounds and in accordance with the procedure established by the legislation of the Russian Federation, subject to the provisions of this Federal Act. 5. The property of society remaining after satisfying all its obligations to creditors and members of society is distributed by the liquidation commission to all members of society in accordance with the procedure established by the charter of the society. Article 23-1. Implement mutual insurance civil liability of persons attracting money for equity construction of apartment blocks and (or) other objects property (developers), for failure or improper performance of the housing transfer obligations under the equity participation contract 1. Mutual insurance of civil liability of persons attracting money for the construction of multifamily buildings and (or) other real estate objects (developers), for failure or improper performance of transfer obligations (hereinafter referred to as the mutual insurance of civil liability of the developer) is carried out in accordance with the requirements set out in Article 15-2 of the Federal Act of 30 December 2004. 214-FZ " On participation in the construction of multifamily buildings and other "The Federal Law" On participation in the share building of apartment buildings and other real estate objects and changes in some of the properties of the Russian Federation " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Mutual insurance of civil liability of developers is carried out on the basis of the insurance contract. 3. The insurance contract may be concluded for each co-construction site, in respect of which a member of the society consists of a contract of participation in equity construction under the Federal Act " On participation in equity construction of multi-family buildings and other objects of real estate and amendments to some legislative acts of the Russian Federation. The insurance contract may be concluded in respect of each participant of the equity construction, with which the member of the society has concluded the share-construction contract in accordance with the Federal Law " On participation in equity construction of multi-family buildings and other objects of real estate and amendments to some legislative acts of the Russian Federation ". The insurance rules should include: 1) a provision on the implementation of the insurance compensation of beneficiaries, including the procedure for the assessment and payment of liquidated damages for non-observance by society. Reimburse; (2) the order of beneficiaries of the insurance claim and the list of documents submitted by them; 3) the form of the insurance claim, the insurance policy, the insurance policy (at requirements), insurance claims and other documents; 4) The procedure for informing the public about receiving money from a member of the society and (or) as a result of the procedure of bankruptcy of a member of the society. 6. The payment of an insurance reimbursement to the beneficiary must be made within a period not exceeding thirty days from the date of submission of the documents by the beneficiary, irrespective of the existence and extent of the debt of a member of the society in the payment of the insurance premium. 7. The benefit of the beneficiary is based on the price of the contract of participation in the equity construction and cannot be less than the sum calculated on the basis of the total area of the accommodation to be transferred to the Participant Construction and average market value of one square metre of total housing in the constituent entities of the Russian Federation, defined by the federal executive authority responsible for the development and/or implementation of the public policy and regulatory framework Construction, and is to be applied for the calculation of the social benefits for all categories of citizens who receive these social benefits for purchase, construction of residential premises at the expense of the federal budget, on the date Presentation of documents by the beneficiary for such payment. 8. The beneficiary is entitled to apply to the society for the payment of insurance compensation from the date of the insurance event: 1) within the period of the limitation period, if the insurance case is confirmed by the court's decision on appeal In accordance with article 14 of the Federal Law "On participation in the construction of apartment buildings and other objects of real estate and on amendments to some legislative acts of the Russian Federation"; (2) prior to the day of completion of the insolvency proceeding in respect of the developer, if The insurance case was confirmed by the decision of the arbitral tribunal to declare the debtor bankrupt and to open a insolvency proceeding pursuant to Federal Act No. 127th of 26 October 2002 on insolvency (bankruptcy). supplemented-Federal Law of 30.12.2012 N 294-FZ Article 23-2. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } Mutual insurance of civil liability of developers for non-performance or improper fulfillment of obligations on transfer of residential premises under the agreement of participation in equity construction is carried out by a single society of mutual insurance, created by developers, attracting money of the participants of the equity construction on the basis of the agreement of participation in equity construction in accordance with the Federal Law " On participation in the equity construction of apartment buildings and other objects and on the amendment of certain legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The decision to establish a society for the mutual insurance of developers is adopted by the constituent assembly, which is convened by an organising committee formed by the federal executive body, which carries out functions for the elaboration of the state in the area of construction, in accordance with the procedure established by them. The Society for the Mutual Insurance of Developers cannot be reorganized. 3. The Ministry of Social Affairs and the Federal Government of the Republic of Belarus and the Federal Government of the Russian Federation are responsible for the implementation of the Convention. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 23.07.2013 N 251-FZ) 4. The number of members of the mutual insurance company of the developers should be at least 30 legal entities. 5. The Organizing Committee is acting on the basis of a provision approved by the head of the federal executive branch, which is responsible for the formulation of public policy and regulatory and regulatory requirements in the construction sector. 6. The main functions of the organizing committee are: 1) the development of the charter of the mutual insurance company of developers, the rules of the constituent assembly and other documents necessary for adoption by the constituent assembly of the charter Rules of procedure; (2) announcing the convening of a constituent assembly, making applications for participation as the founders of the society; 3) the selection of the founders of the society, the number of which cannot be less than thirty; 4) The organization and holding of a constituent assembly. 7. The founders of the society of mutual insurance of developers should meet the following requirements: 1) the founder should have experience (at least three years) of construction of apartment buildings with the participation of funds of the participants of the share The construction of physical and/or legal entities in accordance with the Federal Law "On participation in equity construction of apartment buildings and other objects of real estate and on amendments to some legislative acts of the Russian Federation"; (2) proceedings shall not be commenced against the founder 3) the founder cannot be in the stage of reorganization or liquidation; 4) the founder should not be required to suspend activities in accordance with the procedure established by the Russian Federation law; 5) the founder must comply with the Government of the Russian Federation's regulatory framework for assessing the financial sustainability of the developer. 8. The procedure for the selection of the founders of the society of mutual insurance of developers is approved by the federal executive body, which carries out the functions of drafting state policy and regulatory and legal regulation in the sphere of construction. 9. The Constituent Assembly shall be convened no later than ninety calendar days after the approval of the federal executive body responsible for the formulation of public policy and regulatory and regulatory control in the sphere Construction, regulations on the organizing committee and the procedure for the selection of the founders of the mutual insurance company. 10. The cancellation or early termination of the insurance policy does not exempt a member of the society of mutual insurance of developers from performing their duties to the community. The competent authority of the executive authorities of the constituent entity of the Russian Federation, which monitors and supervises the distributors of the Russian Federation, shall immediately inform the society of the dissolution or termination of the insurance contract. Construction of apartment buildings and (or) other real estate objects. 11. After the liquidation of the society, the members of the mutual insurance company jointly bear the subsidiary responsibility for the obligations of society on all prisoners before the society's liquidation of the insurance contracts. 12. The Society carries out information interaction with the authorized bodies of the executive authorities of the constituent entities of the Russian Federation, implementing in accordance with the Federal Law " On participation in the equity construction of blocks and other buildings. "Control and supervision of the equity construction of apartment buildings and (or) other objects of real estate with self-regulating organizations based on the law of the Russian Federation" on the membership of construction workers, other bodies and organizations working in the area of the equity construction of apartment buildings and (or) other real estate objects. 13. The Society for the Mutual Insurance of Developers, together with the information provided for in article 5, paragraph 8, of this Federal Law, is obliged to publish in the mass media and (or) post on the Internet, including on the official website the Internet site of the Society, the regulation of the control over the targeted use of money, attracted or attracted by members of the society in the framework of the agreement of participation in equity construction. (Article padded-Federal law dated 30.12.2012 N 294-FZ) Article 23-3. The Trustee of the Society of the Mutual Developers Insurance 1. The Board of Trustees of the Society of Mutual Insurance of Developers (hereinafter the Board of Trustees of the Society) is a collegial deliberative body. 2. The members of the Board of Trustees of the Society shall be elected by the general assembly of members of society in accordance with the procedure established by this Federal Law for a term of three years. 3. The Board of Trustees is composed of nine members-three representatives of the Government of the Russian Federation, one representative of the Bank of Russia, three independent experts, the Chairman of the Board of the Society and the Director of the Society. The Director of Society is a member of the Board of Trustees of the Society. 4. The independent expert is recognized as a member of the board of trusteers of a society which was not, and was not, one year prior to his election by the general assembly of members of society to the Board of Trustees of the Society: 1), that a single executive organ of society, including a member of the board of society; 2), a person, spouse, parents, children, half-and non-half-full brothers and sisters, adoptive parents and adopted persons, occupying posts in the public administration. 5. The director of society shall send a request to the Government of the Russian Federation and the Bank of Russia to the Government of the Russian Federation and the Bank of Russia no later than thirty calendar days before the date of the general meeting of the members of the society on the election of the members of the board of trustee of the society. Submission of nominations to the Board of Trustees of the Society. 6. Independent experts are nominated by the general assembly of members of society. 7. The members of the Board of Trustees have the right to combine their membership in the Board of Trustees of the Society with the replacement of the State position of the Russian Federation, the State position of the constituent entity of the Russian Federation and the municipal post; posts in the state or municipal service, posts in the Bank of Russia. 8. The chairman of the Board of Trustees is elected by the Board of Trustees. The election of the chairman of the board of trusteers of the Society shall be made by a majority of the total number of members of the board of directors of the society. 9. Meetings of the Board of Trustees of the Society shall be convened by the chairperson or on the initiative of not less than one third of the total number of members of the board of trusteers as necessary, but at least every six months. 10. The Board of Trustees of the Society has the power to make decisions if at least half of its members are present. The decisions of the Board of Trustees of the Society shall be made by a simple majority of the members present at the meeting of the board of directors of the society. If the number of votes is equal, the chair of the meeting of the Board of Trustees is decisive. 11. The meeting of the Board of Trustees is held by the chairman of the Board of Trustees of the Society and, in his absence, by the person authorized by the chairperson of the Board of Trustees of the Society. 12. The minutes of the meeting of the Board of Trustees of the Society shall be signed by the chairperson of the Board of Trustees of the Society. The opinions of the members of the board of trusteers of the society who remain in the minority shall be recorded on the basis of their request. 13. The Board of Trustees is responsible for the following issues: 1) review of the directors ' reports of the society; 2) making recommendations on issues included in the agenda of the general assembly of members of society; 3) consideration of the society's plans for the next fiscal year, including financial plans, and public reports on the activities of the society as a result of the financial year; 4) Review of annual report, annual accounting (financial) reporting society, the audit committee (auditor) of the society on the results of the audit of the annual report and the annual accounting (financial) accounts of the society. 14. The Board of Trustees is entitled to request from the Board of Society and the Director of the Society any information relating to the activities of society and within the competence of the Board of Trustees of the Society in accordance with Part 13 of this article. 15. The Board of Trustees has the right to send a representative from among its members to participate in the general meeting of the members of society and the board meeting of the society. 16. All decisions of the Board of Trustees are recommendatory in character. (Article padded-Federal law dated 13 July 2015 N 236-FZ) Article 24. Entry into force of this Federal Law 1. This Federal Law shall enter into force on the date of its official publication, with the exception of article 5, paragraph 5, of this Federal Act. 2. Article 5, paragraph 5, of this Federal Act shall enter into force on 1 July 2008. President of the Russian Federation Vladimir Putin Moscow, Kremlin November 29, 2007 N 286-FZ