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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 Deposit Insurance in Banks of the Russian Federation" and Other Russian Federation Legislative Acts adopted by the State Duma on 12 December 2008 laws dated 11.07.2011 N 171-FZ; of 02.12.2013 N 335-FZ; of 22.12.2014 N 432-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5029; 2004, N 34, sect. 3521; 2005, N 43, sect. 4351) the following changes: 1) in article 2: (a), after the words "by natural persons" to add "or to their benefit"; b) add the following: " 8) The requirements are the monetary liabilities of the depositor to the bank for civil and legal transactions and (or) other grounds under which the depositor is the debtor of the bank. "; 2) Part 2, paragraph 1 of article 5, as follows: " 1) placed on bank accounts The accounts (in deposits) of individuals engaged in entrepreneurial activities without the formation of a legal entity, if such accounts (deposits) are open for the implementation of the federal law of entrepreneurial activity, as well as bank accounts (in deposits) of lawyers, notaries and other persons, if such accounts (deposits) are open for the implementation of the federal law of professional activity; "; 3), article 6, paragraph 4, of article 6, set out in the next revision: " 4) to keep the bank's obligations into account before depositors and counterclaims of the bank to the depositor, ensuring the bank's readiness to form on the occurrence of an insurance event, as well as any day at the request of the Bank of Russia (within seven calendar days from the date of entry into the bank). requirements) the register of the bank's obligations to the depositors, in the order and in the form that the Bank of Russia establishes on the proposal of the Agency; "; 4), to supplement Part 3 with the following: " 3. When entering into a contract of bank deposit (the contract of bank account) in favour of the third person, the rights of the depositor under this Federal Act shall be acquired by the natural person for whom such bank deposits have been made (open bank "; 5) Part 2 of Article 8 should read " 2. The insurance case is considered to be the starting date of withdrawal from the Bank of Russia's license, or from the day of imposing a moratorium on the bank's creditors ' claims. "; 6) in article 9: (a) Part 2, as follows: editions: " 2. The person who has acquired the depositor's right to make a contribution (s) after the insured event does not have the right to claim compensation for such deposit (s), except for a natural person who has acquired the right to inherit The requirements of the contribution for which the payment of insurance compensations to the depositor was not made (hereinafter the successor). The heir is entitled to take advantage of the rights of the deceased depositor under this Federal Act, from the time of his or her extradition to the heir to the right to an inheritance or other document confirming his right to inheritance or inheritance. The right to use the money of the testator. "; b) to be completed with Part 3, as follows: " 3. Upon succession, after the occurrence of an insurance claim on the deposit (deposits) of the depositor, each of them acquires the right to a portion of the insured compensation of the contributor in the amount, Proportional size of the acquired right to claim the specified contribution (s). In this case, the payment to the heir of the insurance claim for the deposit (s) does not depend on the payment of the same heir for other deposits. "; 7) in article 10: (a) in Part 1 of the word" (its representative) "shall be replaced by the words" (his representative) ". "(his representative or heir (representative of the heir)"; b) in Part 2: Paragraph 1 after the words "the depositor of a depositor" should be supplemented with the words "(his successor)", after the words "on the application of the contributor" to be supplemented with the words " ( "; , in paragraph 1, the word" contributor " should be deleted; paragraph 2 after the words "if the depositor" should be added with the word "(heir)"; paragraph 3 should be amended to read: " (3) if the reason for the omission is due to the serious illness of the depositor (his successor), the helpless The status of the depositor (his successor), with the dates of adoption by the heir of the contributor of the inheritance and other reasons related to the person of the depositor (his successor). "; in), after the word" contributor ", add the words" (his successor) "; g) in Part 4: Paragraph 1 after the word "contributor" in addition to the word "(heirs)"; paragraph 2 is supplemented by the words "and, upon the request of the heir, also documents confirming his right to inherit or the right to use the money of the testator"; d), part 5, after the word "The contributor" to supplement the word "(heir)"; 8) in article 12: (a), after the word "three", to supplement the word "workers"; (b) the second sentence of Part 7, as follows: " Bank for 10 Calendar days from the date of receipt of the said documents have to be considered in the case of The grounds for the depositor's requirements to make the necessary changes to the register of the bank's liabilities to the depositors, as well as to send a communication to the Agency on the results of the consideration of the depositor's requirements and the changes made to the registry of the depositors. In article 13: (a), in Part 2, the words "insolvency proceedings in the bank" should be replaced by the words "bankruptcy (liquidation) of the bank"; " (forced liquidation) and in insolvency proceedings (compulsory) "; 10) in part 2 of article 14 of the words" by this Federal Act and the Federal Act No. 7 of 12 January 1996 on non-profit organizations "to be replaced by the words" by this Federal Act, by the Federal Act of 12 January 1996 ". "On the question of the insolvency (bankruptcy) of credit organizations". (bankruptcies of credit institutions); 11) to become 15 supplements parts 4 and 5 as follows: " 4. In accordance with the Federal Law "On Banks and Banking Activities" and the insolvency (bankruptcy) of credit institutions, the agency performs the functions of the insolvency representative (liquidator) in the insolvency of credit institutions. organizations. 5. The Agency is entitled to carry out transactions for the sale of property (the subject of a bond), which is to ensure the fulfillment of obligations of credit organizations-counterparties to the Bank of Russia on loans. "; 12), article 16, paragraph 3, shall be supplemented with the words", The federal law on banks and banking activities and the insolvency (bankruptcy) of credit organizations; 13) in article 19: (a) the first paragraph should read: " of the Agency's directors: "; b") to add " and order the use of the Agency's profit "; in) to supplement paragraph 17-1 as follows: " 17-1) sets the order of the competitive selection of audit organizations to verify the use of the Fund by the Fund compulsory insurance of deposits; "; g) paragraph 19, supplemented by the words", by the Federal Act on Banks and Banking Activities " and by the Federal Act on Insolvency (Bankruptcy) of Credit Organizations; 14) in article 21: (a) The first paragraph should read: "The Board of the Agency:"; b), paragraph 10, after the words "Federal Act", should be supplemented by the words ", the Federal Act on Banks and Banking" and the Federal Law on Bankruptcy (Bankruptcy) of Credit Organizations; 15) in article 27: a) Part 4 should read: " 4. The Bank of Russia will not later than the working day following the day of the relevant decision, informs the Agency: 1) on granting the Bank of Russia's permission; (2) to decide whether to conduct a bank check on a proposal Agency; 3) on the appointment of a provisional administration for the management of a credit institution; 4) to withdraw (cancel) the Bank of Russia's license; 5) to impose a moratorium on bank creditors ' claims; 6) on the replacement of the Bank of Russia's license; 7) A ban on the attraction of funds of natural persons and the opening of bank accounts of natural persons, as provided for in article 48 of this Federal Law. "; b), shall be supplemented with Part 4-1 as follows: " 4-1. " The Bank of Russia shall not later than seven working days from the date of its relevant decision, or from the date of receipt by the Bank of Russia of the relevant information from the territorial establishment of the Bank of Russia or the authorized agency, informs the Agency: 1) on the recognition of the Bank of Russia's license to use the bank to deposit funds of individuals and to open and maintain bank accounts of individuals; (2) on the Bank of Russia's application to the Bank of measures in the form of a ban (restrictions) on the use of funds by individuals and the opening of banking facilities In accordance with article 74 of the Federal Law on the Central Bank of the Russian Federation (the Central Bank of the Russian Federation); (3) on the reorganization of the bank. "; 16) in article 28, paragraph 3: (a), in paragraph 2 of the "termination of the right to attraction of funds of individuals and the opening and maintenance of bank accounts of natural persons in connection with the replacement of the Bank of Russia's license and the performance by the bank of its obligations to depositors" to be replaced by the words " termination of the right to attract and open and maintain the funds of natural persons bank accounts of individuals in connection with the replacement or recognition, in accordance with the procedure established by the Bank of Russia's regulatory act, which has lost the Bank of Russia's license to attract a bank to the deposits of funds of individuals and to open and maintain bank accounts of individuals and performance by a bank of their obligations to depositors "; b), paragraph 3 should be supplemented with the words" (except reorganization in the form of conversion) "; 17) in article 30: (a) Part 2 Amend the text as follows: " 2. After the date of submission of the register of liabilities of the bank to depositors on the Agency and before the date of the award by the arbitral tribunal, the determination of the completion of the competitive process or the completion of the compulsory liquidation of the credit institution, and upon introduction The Bank of Russia's moratorium on the settlement of the bank's creditors ' claims until the end of the said moratorium, the bank is obliged to make changes to the bank's liabilities to depositors in the following cases: 1) at the time of establishment of the bank. inconsistencies in the information included on the actual state of the mutual The obligations of the bank and the depositor on the date of the occurrence of the insured event to be recorded in the register of the bank's obligations to the depositors; 2) upon cessation (in whole or in part) of the liability, of the bank's obligations to depositors; 3) when the particulars of the contributor are modified to be reflected in the register of the bank's obligations to the depositors. "; b) to be supplemented by Part 2-1, as follows: " 2-1. The changes made by the bank to the register of the bank's obligations to the depositors are sent to the Agency on the date of the changes made in the order established by the Agency and are taken into account in determining the amount of the repayment of deposits. "; 18) in article 36: a) in Part 11, replace the word "five" with "25"; (b) Part 13 should read: " 13. The amount of the overpaid insurance contributions (s) for the calculation period shall be offset against the payment of arrears of the bank for contributions (s) for other calculation periods or for forthcoming payments or return in the event of termination in accordance with Article 35 of this Federal Act provides for the payment of insurance premiums. "; 19) in article 40, paragraph 1, the word" shall "be replaced by the words" as well as the exercise of other functions provided for by the Federal Act " Banking and Banking Act and the Federal Law on Insolvency (bankruptcy) of credit organizations ", financed"; 20) the name of chapter 6 should read: " Chapter 6. The participation of banks in the deposit insurance system. Final provisions "; 21) in article 44: (a) in the name of the word" authorized by the Bank of Russia on the date of the entry into force of this Federal Law ", delete; b) in Part 1: Paragraph 1 after the words "of this Federal Act" should be supplemented by the words "or applying for the permission of the Bank of Russia"; , in paragraph 4 of the phrase "of 25 February 1999 N 40-FZ", delete; in), add paragraph 4 6 reading: " 6) Bank Compliance by Bank Russian Federation of the disclosure of persons who have significant (direct or indirect) influence on decisions taken by its administration. "; 22) class="doclink "href=" ?docbody= &prevDoc= 102126524 &backlink=1 & &nd=102169548" target="contents "title=" "> 02.12.2013. N 335-FZ 23) (Spanged by Federal Law of 02.12.2013) N 335-FZ 24) in article 48: (a) of Part 1, amend to read: " 1. Banks that are included in the register of banks are obliged to comply with the requirements for participation in the deposit insurance system established by Article 44 of this Federal Law, taking into account the peculiarities set by this article. "; b) 3. Amend the text as follows: " 3. The bank included in the banks ' registry does not meet the requirements for participation in the deposit insurance system in cases where: 1) the bank's accounting and reporting are recognized by the Bank of Russia as unreliable for three consecutive months; 2) the bank for six consecutive months, does not fulfill the same mandatory regulation as set by the Bank of Russia. Failure to comply with the mandatory regulation during the reporting month is a violation of the bank's six or more operational days during the month; 3) the bank's financial stability is recognized by the Bank of Russia as insufficient; 4) for the bank, for a continuous period of three months, one of the measures provided for in article 74, paragraph 4, of the Federal Act on the Central Bank of the Russian Federation (the Central Bank of the Russian Federation). 3-4, to read: " 3-1. For the purposes of this article, the bank's financial stability is recognized by the Bank of Russia as insufficient in cases where: 1) the bank has an "unsatisfactory" rating for the same group of indicators under paragraphs 1, 2 and 5 of part 4 of the article 44 of this Federal Law, six consecutive monthly dates, or two consecutive quarterly reporting dates; 2) has an "unsatisfactory" rating under paragraphs 3 and 6 of article 44, paragraph 4 Federal law, three months in a row; Law of 11 July 2011 N 171-FZ) (Spanged by Federal Law of 02.12.2013) N 335-FZ) (Spanged by Federal Law of 02.12.2013) N 335-FZ) (Spanged by Federal Law of 02.12.2013) N 335-FZ) (Spanged by Federal Law of 02.12.2013) N 335-FZ) (Spanged by Federal Law of 02.12.2013) N 335-FZ) (Spanged by Federal Law of 02.12.2013) N 335-FZ) (Spanged by Federal Law of 02.12.2013) N 335-FZ) (Spanged by Federal Law of 02.12.2013) N335-FZ g) Part 4 should read: " 4. The Bank, for which the Bank of Russia is prohibited by Parts 3 to 3 and 3 to 4 of this article, is obliged to open bank accounts of natural persons, is obliged within thirty days of the introduction The said ban should be sent to the Bank of Russia in accordance with the procedure established by Bank of Russia regulations, a motion to terminate the right to work with deposits. " The procedure established by the Bank of Russia to the same natural person opened in another in the deposit insurance system "; (e) in Part 6 of the word" Part 3 ", replace by" Parts 3 to 3 and 3-4 "; f) (Spaced by Federal Law dated 02.12.2013. N335-FZ) 25) Part 1 of Article 50 to be supplemented by the words ", the Federal Act on Banks and Banking Activities" and the insolvency (bankruptcy) of credit organizations Act. Article 2 class="ed"> (Overtaken by Federal Law of 22 December 2014) N 432-FZ) Article 3 In the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Republic of Turkey, the Russian Federation, the Republic of Turkey, the Russian Federation, the Republic of Turkey, the Russian Federation, the Republic of Turkey, the Russian Federation and the Republic of the Russian Federation. 3232; 2006, N 31, 100 3449; 2007, N 12, est. 1350; 2008, N 42, sect. 4699) The following changes: 1) in Article 4: a) Part 2, paragraph 1, should be redrafted to read: " (1) Bank accounts (in deposits) of individuals engaged in business without Education of a legal person, if such accounts (deposits) are open for the implementation of the federal law of business and also placed in bank accounts (in deposits) of lawyers, notaries and other persons, if such The accounts (deposits) are open to the implementation of the federal law Professional activities; "; b) Part 3: " 3. The person who acquired the depositor's right to make a deposit after the revocation of the Bank of Russia's license to carry out banking transactions from the bank does not have the right to receive payment of the Bank of Russia, " the bank said in a statement. The acquisition, by way of succession, of the right of claim for deposit, on which payment of the Bank of Russia was not made. The Bank of Russia's license to carry out banking transactions the rights of depositors ' rights to the depositors of each of them after the revocation of the Bank of Russia's license to conduct banking transactions acquires the right to a part of the Bank of Russia's unpayable payment in the amount proportionate to the amount of the claim on the said deposit (s). The acquisition of the right to make a contribution (deposit) in inheritance does not affect the calculation of the Bank of Russia's own contribution (deposits) of the heir to the bank. "; 2) paragraph 2 of article 6, second paragraph, to be supplemented by the following sentence: According to the counterclaims of the bank, the depositor is fully aware of the financial obligations of the depositor in front of the bank under civil and legal transactions and (or) other grounds provided for in the legislation of the Russian Federation. is the debtor of the bank. " Article 4 1. This Federal Act shall enter into force on the date of its official publication, with the exception of subparagraph (a) of article 1, paragraph 21, of this Federal Act. 2. Article 1, paragraph 21, of this Law shall enter into force one year after the date of official publication of this Federal Law. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin December 22, 2008 N 270-FZ