On Amendments To The Federal Law "on Insurance Of Deposits Of Natural Persons In Banks Of The Russian Federation" And Other Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О страховании вкладов физических лиц в банках Российской Федерации" и иные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW on amendments to the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation" and other legislative acts of the Russian Federation Adopted by the State Duma of December 12, 2008 year approved by the Federation Council December 17, 2008 year (as amended by the federal laws of 11 N 171-FZ;
from 02.12.2013 N 335-FZ; from 22.12.2014 N 432-FZ) Article 1 amend the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation (collection of laws of the Russian Federation, 2003, no. 52, p. 5029; 2004, no. 34, p. 3521; 2005, no. 43, St. 4351) as follows: 1) in article 2: (a)) paragraph 2, after the words "posted by individuals" add the words "or in their favor";
b) shall be amended with paragraph 8 to read as follows: "8) counterclaims-depositor's liabilities to the Bank under civil-law transactions and (or) other prescribed by legislation of the Russian Federation the grounds under which the depositor is a debtor Bank.";
2) item 1 of part 2 of article 5 shall be amended as follows: "1) placed in bank accounts (deposits) natural persons carrying out business activity without establishment of legal entity if such accounts (deposits) are open to carry out federal law, entrepreneurship, as well as placed in bank accounts (deposits) lawyers, notaries and other persons if such accounts (deposits) are open to carry out federal law;";
3) item 4 of part 3 article 6 shall be amended as follows: "4) keep records of obligations of the Bank towards its depositors and the counter-claims of the Bank to the depositor, providing the Bank's readiness to form upon occurrence of an insured event, as well as on any day at the request of the Bank of Russia (within seven calendar days from the date of receipt by the Bank specified requirements) registry obligations of the Bank towards its depositors in order and form that are fixed on the proposal of the Agency ";
4) article 7 supplemented by part 3 as follows: "3. When concluding a deposit agreement (agreement of bank account) in favor of a third party investor rights stipulated by this federal law, acquires physical person in favor of whom introduced such a bank deposit (bank account);
5) part 2 of article 8 shall be amended as follows: "2. insured event is deemed to come from the date of revocation (cancellation) license from the Bank of the Bank of Russia or from the date of introduction of moratorium on satisfaction of creditors ' claims Bank.";
6) article 9: a) part 2 shall be amended as follows: "2. A person who has acquired the right of the depositor to deposit requirements (deposits) after the occurrence of the insured event, the right to indemnity for such contribution (deposits) is not, except in the case of the natural person had acquired a right to claim inheritance, on which payment of insurance compensation to the depositor was made (hereinafter referred to as heir). The heir is entitled to use the rights of a deceased contributor under this federal law, from the date of issuance of the heir of the corresponding certificate of inheritance or other document confirming his right to inheritance or the right to use the funds of the testator. ";
b) Supplement part of 3 as follows: "3. in case of transfer by inheritance after the occurrence of the insured event claim on the deposit (deposit) contributor to several heirs, each of them acquires the right to part is not paid to the depositor insurance compensation in proportion to the size of the acquired rights of claim on specified deposit (deposit). While the payment of indemnity for the heir to the specified deposit (deposits) is not dependent on the payment of the compensation for other heir deposits. ";
7) article 10: a) in part 1, the words "(his representative)" were replaced by the words "(his representative or heir (the heir)";
b) in part 2: the first paragraph, after the words "Skip" investor shall be supplemented with the words "(his heir)," after the words "on the application of the depositor" add the words "(his heir)";
in paragraph 1 the word "investor" should be deleted;
paragraph 2, after the words "If the investor" to supplement the word "(heir);
paragraph 3 shall be amended as follows: "3) if the reason for skipping the specified term is associated with severe disease contributor (his heir), helpless state contributor (his heir), with the timing of the adoption of the heir to the depositor of the inheritance and other factors related to the person of the investor (his heir).";
in) part 3, after the word "contributor" add the words "(his heir)";
g) in part 4: the first paragraph after the word "investor" to supplement the word "(heir);
paragraph 2 shall be supplemented with the words ", or the heir also documents proving its right of inheritance or the right to use the funds of the testator";
d) part 5, after the word "investor" to supplement the word "(heir);
8) in article 12: (a)) part 4, after the words "within three" complement the word "working";

b) second sentence part 7 shall be amended as follows: "Bank within 10 calendar days of receipt of these documents must consider and substantiated claims of the depositor to make appropriate changes in the registry obligations of the Bank towards its depositors, as well as send a message to the Agency of the results of the consideration of the requirements of investor and of the changes in the obligations of the Bank towards its depositors register.";
9) in article 13: (a)) in part 2, the words "bankruptcy proceedings in the Bank" replaced by "bankruptcy (liquidation) of the Bank";
b) part 3, after the words "in bankruptcy cases," add the words "(compulsory liquidation) and bankruptcy (liquidation)";
10) in part 2 of article 14, the words "this federal law and the Federal law of January 12, 1996 year N 7-FZ" on noncommercial organizations "were replaced by the words" this federal law, the Federal law of January 12, 1996 year N 7-FZ "on non-commercial organizations", federal law "on banks and banking activities" and the Federal law of February 25, 1999 N 40-FZ "on Insolvency (bankruptcy) of credit institutions" (hereinafter referred to as the Federal law on Insolvency (bankruptcy) of credit institutions);
11) article 15 supplement parts 4 and 5 to read as follows: "4. The Agency, in accordance with the Federal law" on banks and banking activities "and the Federal law on Insolvency (bankruptcy) of credit institutions" administers the bankruptcy trustee (liquidator) in bankruptcy of credit organizations.
5. The Agency shall have the right to carry out operations on the disposition of assets (collateral), the enforcement of the obligations of credit institutions-counterparties of the Bank of Russia on credits. ";
12) part 3 of article 16 shall be supplemented with the words "federal law" on banks and banking activities "and the Federal law on Insolvency (bankruptcy) of credit institutions";
13) article 19: a) the first paragraph shall be reworded as follows: "the Board of Directors of the Agency:";
b) paragraph 9 shall be supplemented with the words "and the use of profits";
in paragraph 17-supplement) 1 to read as follows: "17-1) establishes the procedure for carrying out competitive selection of audit organizations to conduct verification of the Agency mandatory deposit insurance fund";
g) item 19 shall be supplemented with the words "federal law" on banks and banking activities "and the Federal law on Insolvency (bankruptcy) of credit institutions";
14) article 21: a) the first paragraph shall be reworded as follows: "the Board of the Agency:";
b) paragraph 10, after the words "federal law" add the words ", federal law" on banks and banking activities "and the Federal law on Insolvency (bankruptcy) of credit institutions";
15) in article 27: (a)) part 4 shall be reworded as follows: "4. the Bank of Russia no later than the business day following the date of adoption of the relevant decision, inform the Agency: 1) extradition of Bank authorization of the Bank of Russia;
2) of the decision on the verification of the Bank on the proposal of the Agency;
3) concerning the appointment of the Interim Administration on the management of the credit institution;
4) revocation (cancellation) license of the Bank of Russia;
5) moratorium on satisfaction of the claims of creditors of the Bank;
6) to replace the license of the Bank of Russia;
7) a ban on raising funds from individuals and the opening of bank accounts for natural persons, under article 48 of the present Federal law. ";
b) Supplement part of 4-1 to read as follows: "4-1. Bank of Russia no later than seven working days from the date of adoption of the decision or from the date of receipt of the relevant information from the Bank of Russia territorial establishment of the Bank of Russia or an authorized body shall inform the Agency: 1) recognizing lapsed license of the Bank of Russia to attract Bank cash assets of private individuals into deposits and to open and maintain bank accounts of physical persons;
2) on the application by the Bank of Russia to the Bank measures in the form of prohibition (restrictions) on raising funds from individuals and the opening of bank accounts for natural persons in accordance with article 74 of the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)";
3) on the reorganization of the Bank. ";
16) in part 3 of article 28: a) in paragraph 2 the words "termination of the right to attract cash assets of private individuals into deposits and for opening and maintaining bank accounts for individuals in connection with the replacement of the license of the Bank of Russia and the execution of the Bank's obligations to depositors" were replaced by the words "termination of the right to attract cash assets of private individuals into deposits and to open and maintain bank accounts of physical persons in relation to the replacement or recognition in order prescribed by the Statute of the Bank of Russia, lapsed license of the Bank of Russia to attract Bank cash assets of private individuals into deposits and to open and maintain bank accounts of physical persons and the execution of the Bank's obligations to depositors ";
b) paragraph 3 shall be supplemented with the words "(with the exception of reorganization in the form of transformation)";
17) article 30: and) part 2 shall be amended as follows:

"2. After the date of submission of the registry obligations of the Bank towards its depositors in the Agency and to the date of the determination by the arbitral tribunal on the completion of the bankruptcy proceedings or on completion of the liquidation of the credit institution and with the introduction of the Bank of Russia moratorium on satisfaction of creditors ' claims of the Bank before the date of expiration specified bank moratorium must make registry changes to the obligations of the Bank towards its depositors in the following cases: 1) when setting the inconsistencies included information information about the actual state of mutual obligations of the Bank and the depositor on the date of occurrence of the insured the case, to be included in the registry obligations of the Bank towards its depositors;
2) upon termination of the (totally or partially) after the occurrence of the obligations contained in the registry obligations of the Bank towards its depositors;
3) you can change the information on the investor to be included in the registry obligations of the Bank towards its depositors. ";
b) Supplement part of 2-1 as follows: "2-1. Changes made by the Bank in the register obligations of the Bank towards its depositors are forwarded to the Agency a day make the changes in the order established by the Agency and are taken into account when determining the amount of compensation on deposits. ";
18) article 36:11) and the word "five" to replace the numerals "25";
b) Part 13 shall be amended as follows: "13. Amount overpaid insurance payments (penalties) for the billing period is credited to the debt repayment Bank on contributions (have elapsed) for other periods or payments, or refundable in the event of termination in accordance with article 35 of this federal law obligations of the Bank to pay the premiums. ";
19) in part 1 of article 40, the word "implemented" were replaced by the words "as well as to the implementation of other functions stipulated by the Federal law" on banks and banking activities "and the Federal law on Insolvency (bankruptcy) of credit institutions" are ";
20) name of Chapter 6 shall be amended as follows: "Chapter 6. The involvement of banks in the deposit insurance system.
Final provisions ";
21) article 44: (a)) in the title the words "authorized bank of Russia on the date of entry into force of this federal law" should be deleted;
b) part 1: the first paragraph after the words "the present Federal law" add the words "or the applicant for authorization of the Bank of Russia";
in paragraph 4, the words "from February 25, 1999 N 40-FZ" deleted;
in part 4) shall be amended with paragraph 6 to read as follows: "6) observance of the Bank established by the Bank of Russia order disclosure to the general public information on individuals with significant (direct or indirect) influence on the decisions taken by his Office.";
22) (repealed-Federal Law 02.12.2013 N 335-FZ) 23) (repealed-Federal Law 02.12.2013 N 335-FL) 24) in article 48: and) part 1 shall be amended as follows: "1. Banks which are included in the register of banks must meet the requirements to participate in the deposit insurance system stipulated in article 44 hereof, taking into account the characteristics laid down in this article.";
b) part 3 shall be amended as follows: "3. the Bank is included in the register of banks, does not meet the requirements to participate in the deposit insurance system in cases where: 1) accounting and reporting of the Bank are recognized by the Bank of Russia unreliable during three consecutive months;
2) Bank for six consecutive months does not perform the same mandatory norm of the number established by the Bank of Russia. Failure to comply with the mandatory standard in accounting month is his violation on set for six or more operating days during the month;
3) financial sustainability of the Bank acknowledges the lack of Bank of Russia;
4) regarding bank continuously for three months one of the measures imposed by paragraph 4 of part 2 of article 74 of the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)". ";
in Supplement 3 parts)-1-3-4, to read: "3-1. For the purposes of this article the financial stability of the Bank, the Bank of Russia is recognized as insufficient in cases if: 1) the Bank is rated "unsatisfactory" for one and the same group of indicators provided for in paragraphs 1, 2 and 5 part 4 of article 44 hereof, for six reporting monthly dates in a row or two reporting quarterly date;
2) has rated "unsatisfactory" on a group of indicators stipulated in clauses 3 and 6 part 4 of article 44 of this federal law, three consecutive months; (Repealed-federal law 11 N 171-FZ) (Repealed-Federal Law 02.12.2013 N 335-FZ) (Repealed-Federal Law 02.12.2013 N 335-FZ) (Repealed-Federal Law 02.12.2013 N 335-FZ) (Repealed-Federal Law 02.12.2013 N 335-FZ) (Repealed-Federal Law 02.12.2013 N 335-FZ) (Repealed-Federal Law 02.12.2013 N 335-FZ) (Repealed-Federal Law 02.12.2013 N 335-FZ) (Repealed-Federal Law 02.12.2013 N 335-FZ) g) part 4 shall be amended as follows:

"4. the Bank shall, in respect of which, in accordance with parts 3-3 and 3-4 of the present article ban of the Bank of Russia to attract cash assets of private individuals into deposits and opening bank accounts for natural persons must within 30 days from the date of imposition of the ban to send to the Bank of Russia in the manner prescribed by normative acts of the Bank of Russia, a petition for termination of the right to work with deposits.";
d) part 5 shall be supplemented with the words "or on the application of the physical persons are listed in the order, established by the Bank of Russia, at the expense of the same physical person open another bank that contains registered in deposit insurance system";
(e)) in part 6, the words "part 3" were replaced by the words "parts 3-3 and 3-4";
f) (repealed-Federal Law 02.12.2013 N 335-FZ) 25) part 1 of article 50 shall be supplemented with the words "federal law" on banks and banking activities "and the Federal law on Insolvency (bankruptcy) of credit institutions".
Article 2 (repealed Federal Act from 22.12.2014 N 432-FZ) Article 3 to amend the Federal law dated July 29, 2004 N 96-FZ "on payments of the Bank of Russia on individuals ' deposits in bankrupt banks not participating in the system of compulsory insurance of natural persons deposits in banks of the Russian Federation (collection of laws of the Russian Federation, 2004, no. 31, p. 3232; 2006 , N 31, art. 3449; 2007, N 12, art. 1350; 2008, N 42, art. 4699) as follows: 1) in article 4: (a) paragraph 2 part 1) worded as follows: "1) placed in bank accounts (deposits) natural persons carrying out business activity without establishment of legal entity if such accounts (deposits) are open to carry out federal law, entrepreneurship, as well as placed in bank accounts (deposits) lawyers, notaries and other persons if such accounts (deposits) are open to carry out federal law;";
b) part 3 shall be amended as follows: "3. A person who has acquired the right of the depositor to deposit requirements (deposits) following the withdrawal of the Bank, not participating in the deposit insurance system, the license of the Bank of Russia to carry out banking operations, does not have the right to receive payment of the Bank of Russia, except for the acquisition by inheritance law requirements on deposit on which payment of the Bank of Russia was not performed. When moving in succession after the revocation of the Bank, not participating in the deposit insurance system, the license of the Bank of Russia banking on demand rights of the depositor to deposit (deposits) multiple heirs, each of them acquires the right to part is not received by the investor payments of the Bank of Russia in proportion to the size of the acquired rights of claim on specified deposit (deposit). Acquisition of right of claim for contribution (deposits) in order to inherit has no effect on the calculation of payments of the Bank of Russia on own contribution (deposits) the heir in the Bank. ";
2) second paragraph of part 1 of article 6 supplemented by the following sentence: "counter-claims of the Bank to the depositor the depositor's liabilities are understood before the Bank on civil law transactions and (or) other prescribed by legislation of the Russian Federation the grounds under which the depositor is a debtor Bank.".
Article 4 1. This federal law shall enter into force on the day of its official publication, with the exception of sub-item of item 21 Article 1 hereof.
2. Subitem c of item 21 Article 1 of this federal law shall enter into force on the expiry of one year after the date of publication hereof.
Russian President Dmitry Medvedev in Moscow, the Kremlin December 22, 2008 year N 270-FZ

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