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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on The Development Bank"

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с принятием Федерального закона "О банке развития"

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the adoption of Federal Law "About the Development Bank" Adopted by the State Duma on April 20, 2007 Approved by the Federation Council on 4 May 2007 Article 1 Apply to Federal Law "About banks and banking activities" (as amended by the Federal Act of 3 February 1996) (Vedomas of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR) 1990, 27, sect. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 2001, N 33, est. 3424; 2002, N 12, st. 1093; 2006, No. 31, sect. 3439; N 52, sect. (5497) The following changes: 1) Part 4 of Article 7 should read: " No legal entity in the Russian Federation, except for a legal person who has received a licence from the Bank of Russia for implementation Bank operations, and the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)", cannot use the words "bank", "credit institution" in their name or otherwise indicate that the given A legal entity is entitled to banking transactions. "; 2) In article 13: (a) Part one after the words "except as specified in" would be supplemented with the words "parts of the ninth of this article and in"; b) to supplement Part 9 with the following words: " State Corporation "The Bank for Development and Foreign Economic Activities (Vnesheconombank)" has the right to carry out banking transactions which are granted to it under the Federal Law "On Development Bank."; 3) Article 40 is supplemented by a part Second reading: " Bank of Russia establishes peculiarities of accounting by the state corporation "Bank for Development and Foreign Economic Activity (Vnesheconombank)". Article 2 Article 1, paragraph 5 of the Law of the Russian Federation N 4015 -I " On the organization of the insurance business in the Russian Federation " of the Russian Federation, 1993, 56; Legislative Assembly of the Russian Federation, 1998, No. 1, art. 4; 2003, N 50, sect. 4858; 2004, N 30, sect. 3085) to be supplemented by the words " and insurance of export credits against commercial and political risks undertaken by a public corporation to which the right to carry out such activities is provided by the federal law under which it is based created by ". Article 3 Article 7, paragraph 1 of the Federal Law of 12 January 1996 N 7-FZ " On Non-Profit Organizations " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 145; 1999, N 28, sect. 3473) add the following paragraph: " In the cases and the procedure established by a federal law providing for the creation of a state corporation, a charter capital may be established at the expense of part of its property. The authorized capital determines the minimum size of the property of a public corporation which guarantees the interests of its creditors. " Article 4 href=" ?docbody= &prevDoc= 102114196&backlink=1 & &nd=102040905 "target="contents"> dated 22 April 1996 N 39-FZ " On the securities market " (Russian Federation Law Assembly, 1996, N 17, p. 1918; 2002, N 52, sect. 5141; 2006, N 17, sect. 1780) the following changes: 1) Part Two of Article 4 is supplemented by the words " and the State Corporation, if the possibility for such a corporation is to be established by a federal law under which it was created "; 2), article 39, as follows: " Article 39. Licensing the activity of the professional participants in the security market 1. All types of professional activity in the securities market, specified in Chapter 2 of this Federal Law, are carried out on the basis of a special permit-a licence issued by the federal executive branch of the securities market, except as provided for in Part Two of this Article. 2. The right to exercise certain types of professional activity in the securities market may be granted to a public corporation by the federal law under which it is established. 3. Credit organizations and state corporations carry out professional activities in the securities market in accordance with the procedure established by this Federal Law and other federal laws, as well as the regulations adopted in accordance with them. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. An additional ground for refusal to grant a credit institution license to carry out professional activities in the securities market, its suspension or cancellation is cancellation or withdrawal of a banking licence. operations issued by the Bank of Russia. 5. The Federal Executive branch of the securities market supervises the activity of professional participants of the securities market. 6. The activity of the professional participants of the securities market is licensed in three types of licenses: the license of a professional participant of the securities market, the license for carrying out the activity of the register, the license of the stock exchange. 7. The condition of the broker and/or the dealer of services for the preparation of the securities prospectus is its compliance with the statutory legal acts of the federal executive branch of the securities market with requirements for the size of their own Capital and qualification requirements for employees (employees). ". Article 5 Article 11, paragraph 5, of Part 1 of the Tax Code Russian Federation (Legislative Assembly Russian Federation, 1998, No. 31, sect. 3824; 1999, N 28, sect. 3487; 2003, N 22, Text 2066; N 52, est. 5037; 2004, N 31, stop. 3231; 2006, N 31, 100 3436) after the words "the Bank of the Russian Federation" with the words "and the state corporation" of the Bank of Development and Foreign Economic Activity (Vnesheconombank) ". Article 6 Amend Part Two Russian Tax Code (Russian Federation Law Assembly 2000, N 32, Art. 3340; 2002, N 22, Text 2026; 2003, N 1, est. 2, 6; N 28, est. 2886; N 52, sect. 5030; 2004, N 27, sect. 2711; N 34, st. 3520; 2005, N 1, est. 30; N 24, est. 2312; N 52, sect. 5581; 2006, N 31, sect. 3443; N 45, sect. 4627; 2007, N 1, sect. (39) the following changes: 1) Article 251, paragraph 1, to be supplemented by subparagraph 34 reading: "34) Proceeds of Development Bank-Public Corporation."; 2) Article 270 to supplement paragraph 48-6 with the following: "48-6) the development bank's expenditures-the state corporation." Article 7 Article 22, paragraph 3, of the Federal Law December 2003, No. 173-FZ " On currency regulation and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4859; 2004, N 27, sect. 2711; 2005, N 30, sect. 3101), amend to read: " 3. The agents of foreign exchange control are authorized banks reporting to the Central Bank of the Russian Federation, the State Corporation "Bank for Development and Foreign Economic Activity (Vnesheconombank)", as well as not being authorized banks Professional participants in the securities market, including registrars (registrars) reporting to the federal executive body on the securities market, customs authorities and tax authorities. ". Article 8 1. The law enters into force 10 days after its official publication, except for articles 5 and 6 of this Federal Law. 2. Article 5 of this Federal Law shall enter into force one month after the official publication of this Federal Law. 3. Article 6 of this Federal Law shall enter into force not earlier than one month after the official publication of this Federal Law and not earlier than the first number of the regular tax period on the income tax of the organizations. President of the Russian Federation Vladimir Putin Moscow, Kremlin 17 May 2007 N 83-FZ