Key Benefits:
RUSSIAN FEDERATION
FEDERAL LAW
About credit cooperation
Adopted by the State Duma 3 July 2009
Approved by the Federation Council 7 July 2009
(reed. Federal Act of 21 November 2011 N 327-FZ
The legislation of the Russian Federation, 2011, N 48, st.
6728; of the Federal Act of 30 November 2011 N 362-FZ-Assembly
Russian Federation Federation, 2011, N 49, st. 7040;
Federal Law From June 2013 N 113-PHC -Collection
Russian legislation Federation, 2013, N 23, st. 2871;
Federal Law of 23 July d N 251-FZ - Collection
Russian Federation, 2013, N 30, st. 4084;
Federal Law from 2 November 2013 N 301-FZ -Collection
Russian Federation legislation, 2013, N 44, st. 5640;
Federal Act of 21 December 2013 N 363-FD - To
Russian legislation Federation, 2013, N 51, st. 6683;
Federal Act of 21 December 2013 N 375-FZ -Collection
Russian Federation Federation, 2013, N 51, st. 6695;
Federal Law of 28 June N 189-FZ -Collection
Russian legislation Federation, 2014, N 26, st. 3395;
Federal Law of June 2015 N 210-FZ - Collection
Russian Federation Federation, 2015, N 27, st. 4001;
Federal Law of 13 July 2015 N 231-FZ -Collection
Russian legislation, 2015, N 29, art. 4357)
Chapter 1: General provisions
Article 1: Purpose and basic concepts of this Federal
of the law
1. The real Federal law defines the legal,
economic and foundations of Activities
credit Consumer Cooperatives of various kinds and levels,
Associations (Associations) and Other Associations of Consumers
cooperatives.
2. This Federal Law does not apply to
on Agricultural credit consumer cooperatives and their
joins, legal and
activities defined by the Federal Law of December 8
1995 N 193-FZ "On agricultural cooperation".
3. The Federal
Key Concepts:
1) credit collaboration -
Cooperatives of various types and levels, of their unions
other joins;
2) credit consumer cooperative ( - credit
cooperative) - voluntary (or)
legal
professional and (or) other satisfaction principle
financial requirements for credit cooperative members (shareholders);
3) Credit Consumer citizens-credit
cooperative, members of which is exclusively physical
;
4) Credit Cooperative Cooperative Credit Cooperative
whose members are exclusively credit cooperatives;
5) member of the credit of the cooperative or
legal person, accepted in the cooperative's order,
provided by this Federal Law and the Charter of credit
;
6 member of the credit (pipe) member
envisaged by by the Federal Law and the Credit Code
cooperative money cooperative Member of credit
cooperative (piper) in the cooperative to implement
activities and coverage of the credit expenses of a cooperative,
for other in order, that is defined by the credit rule
;
7) Membership - money Member
credit cooperative (payer) on credit expenses
cooperative and on other goals in order is defined by the statute
credit cooperative;
8) Opening contribution-cash contributed in the case of
if is provided for by the credit of the cooperative,
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with the credit cooperative, in size and order that
defined by its charter;
9) an additional contribution-membership fee, in
Cooperative Credit
compliance with article 116, paragraph 4, of the Civil Code of the Russian Federation
;
10) paev - money Member
credit of the cooperative in the property of the credit
cooperative for credit cooperative activities
envisaged by by the Federal Law and the Credit Code
cooperative, and for the member's member
credit cooperative (payer);
11) required paev contribution, provided
credit member's creditmember
cooperative (payer) credit in the cooperative in
order;
12) voluntary contribution contribution, voluntarily
contributed member of of the cooperative's (the credit
cooperative in addition to of contribution in if
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13) Accruals - money
revenues from the credit cooperative's totals activities for fiscal year, distributed proportionally
sum of the financial contributions of each member of the credit cooperative (shareholder)
and Members Members of the credit (the shareholders)
attached to the credit member of the Cooperative
(rationing) in order, defined by the credit cooperative's charter and
internal regulatory documents of a credit cooperative;
14 Member's member's of the Cooperative
(payer) -the sum of the member's member's credit member
(payer) and charges
made paev contributions in the order defined by the credit rule
and internal standard credit documents
;
15) paev fund formed from the Palacoplations (s)
members of a credit cooperative (payers), used by
cooperative for activity
true Federal Law and Credit Coop;
16) fallback - fund, from of revenue
credit cooperative, including from credit contributions
cooperative (shareholders), used for damages
unexpected credit cooperative;
17) financial aid fund-fund, formed from part
credit cooperative, in from raised
members of the credit of the cooperative (s), other money
funds used to provide loans to credit members
cooperative (s);
18) financial mutual assistance of the credit members of the cooperative
(shareholders) - credit by the cooperative
concatenation of the and money fundraising
members of credit (shareholders), and other monetary
and locations of money by
providing loans to members of the credit cooperative (s)
to meet their financial needs in
Articles of the credit of the Internal Stats
credit cooperative documents;
19) Internal Credit Cooperative Regulatory Documents-
provisions and other documents, containing rules, regulatory
Credit Cooperative Credit Received
members of the credit (shareholders) or others
credit
order,Federal Law;
20) Affiliated individuals-physical and/or legal entities,
legal and matches
Antimonopoly legislation of the Russian Federation;
21) attracted money money,
credit cooperative from members of the credit cooperative (shareholders)
in Loans Other of Treaties,
true Federal and money
received by a credit cooperative from non-legal entities
members of credit cooperative (shareholders), based on
loan and/or loan agreement;
22) report
months of calendar year, calendar year. Article 2: Legal bases for the creation and operation of credit
Cooperatives The Legal Framework Credit Cooperatives are the Civil Russian Federation Code true Federal law, Other laws, other Russian legal acts and regulations Central of the Russian Federation
regulatory relations with the participation of credit cooperatives Federal Law July 2013 N 251-FZ -Assembly Russian legislation, 2013, N 30, sect. 4084). Article 3: Credit co-op activities
1. The credit cooperative is a non-commercial organization. The Credit of the organization's organization financial support for credit (shareholders)
by:
1) Join the (s) Money
members of the credit of the cooperative (s) and other monetary
The order, of the Federal Federal
other federal laws and credit cooperative charter;
2) locations of parts specified in 1 of money
by providing loans to credit cooperative members
to meet their financial needs.
2. The organization's organization's credit cooperative
mutual assistance members have the right to practice other views
with constraints,
real of the Federal law, if
activities serve the purposes for which credit is created
cooperative, for these and targets by charter
Credit cooperative.
3. The cooperative performs
basis of the following principles:
1) financial mutual assistance of members of the cooperative
;
2 restricting participation in the credit of the cooperative
non-members;
3) Voluntary Cooperative Entry and Freedom
output regardless of consent from other members of the credit
cooperative (shareholders);
4) Credit of the Coop, of the
participation of its members in the management of the credit cooperative;
5) equal rights of members of the credit cooperative (s)
making the credit of the cooperative's
size of contributed by member of the credit cooperative (s)
(one member of the credit cooperative (one-member));
6) Equality in Credit Cooperative (Rations)
to Other Other Services
credit cooperative;
7) Access equity for members of the credit cooperative
information about credit cooperative activity; 8) solidarity members
default liability on its obligations in
bounds of an unspecified additional contribution from each member
credit cooperative (s).
4. The authorities, local authorities
self-governments and The Bank of Russia cannot interfere in activities
credit cooperatives, for exceptions
federal laws Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, article 4084).
Article 4: Procedures for the implementation of credit
cooperative
1. Credit Cooperative attracts money
members based on: 1) loan contracts concluded with legal entities 2) Transmissions Personal savings, to
individuals in the order of this Federal
law.
2. Credit Cooperative provides
members withcredit cooperative loan base
and borrower member of the credit cooperative (the payer). Credit
cooperative to the right professional activity
providing consumer loans to members in order,
Federal Consumer Consumer Credit Law
(loan). Federal Act of 21 December 2013 N 363-FZ
-Russian Law Assembly, 2013, N 51, st.
6683).
3. Return of the credit member of the cooperative
can be provided by sponsorship, bail,
federal laws
ways.
Article 4-1. Relationship between Credit Cooperatives and Bureaux
credit stories
Credit cooperatives are required in order and on conditions that
set by Federal Act of December 30, 2004 N 218-FZ " Oh
credit stories ", to represent even though would be one credit bureau
stories, included in public credit registry
stories, they have the information they need to form
Credit Stories of Credit Cooperatives (Rations)
awarded Loans (Art.4-1 introduced by Federal Law 28
June 2014 N 189-FZ -Assembly Russian
Federation, 2014, N 26, st. 3395).
Article 5: Regulation of Credit Cooperation
(name in red. Federal Law of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, Art. 4084)
1. the Cooperative Credit
is implemented by the Bank of Russia. Federal Act of 23 July
2013. N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
2. The of the Russian performs the (in Ed.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, art. 4084:
1 accepts the normative acts within its
cooperatives, unions
(Associations), Self-Managed Organizations Other Associations
Cooperatives (in the form of credit cooperatives) Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, art. 4084);
1-1) sets the order of the financial
this Federal (para. 1-1
Federal Act 30 November 2011 N 362 - Collection
Russian legislation, 2011, N 49, art. 7040);
2) ( 2 expired by Federal Act
June 29, 2015 N 210-FZ- Assembly of the Russian Law
Federation, 2015, N 27, art. 4001)
3 sets the order for the location of the contingency fund
credit cooperative, and Order of Credit
possible loss cooperatives (reed.
Federal Law from 2 November 2013 N 301-FZ -Collection
Laws of the Russian Federation, 2013, N 44, art. 5640);
4) leads the credit registry to
information obtained from an authorized federal authority
executive branch, performing state registration
legal faces, and from self-regulated organizations
cooperatives in the order, by the Russian (in Ed.
Federal Law of June 2015 N 210-FZ - Collection
Laws of the Russian Federation, 2015, N 27, art. 4001);
5) maintains a public registry of self-regulated organizations
credit cooperatives, implement
Non-Profit Organizations in Public Registry
self-regulated credit cooperatives and exception
information about non-commercial organizations from public of the registry
self-regulated credit organizations in order,
Installed by the Russian Federation
self-regulating organizations;
6 performs self-regulating
credit cooperatives and
self-regulated organizations of credit cooperatives and their members
Federal Federal Federal
laws, other legal acts of the Russian Federation and
Bank of Russia regulations in order, provided by
41 of this Federal Law (under the law). Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, art. 4084);
7 performs credit
cooperatives that have more than three thousand members
and (or) Legal Activities of Credit
second-tier cooperatives in order, by the Bank of Russia
(in ed. The Federal Law of Nov. 30 2011 N 362-FZ-
Russian Law Assembly, 2011, N 49, st.
7040; of the Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Law of June 2015 N 210-FZ -Collection
Laws of the Russian Federation, 2015, N 27, art. 4001);
8) addresses
cooperative in cases Federal
law;
9 performs functions other than
Russian legislation.
3. The ratio of credit cooperatives,
exceeds three and (or) legal individuals, , and The Bank of Russia's second-tier credit co-op is entitled
(Ind. Federal Law of 23 July 2013 N 251-FZ-Assembly
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Law of June 2015 N 210-FZ -Collection
Laws of the Russian Federation, 2015, N 27, art. 4001:
1) query and retrieve financial and economic information
public
Activitystatistics, of the federal executive authority
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{ \b }}of other State control and oversight bodies;
2) request and to get from the credit's of the cooperative
constituent documents, internal regulatory documents, and other
documents, adopted by the general meeting of the members of the Cooperative Credit
(payers) and other credit cooperative bodies;
3) request and to get from the credit's of the cooperative
Accounting (Financial) Reporting Order, Installed
The Bank of Russia. The Federal Act of 23 July N
251-FZ -Collection of Russian legislation, 2013, N
30, st. 4084; Federal Act of 21 December 2013. N 375-FZ-
The legislation of the Russian Federation, 2013, N 51, st.
6695);
4) not more often in to perform scheduled checks
and compliance financial
Credit cooperative activities to this Federal Law,
other federal laws, Russian regulatory legal acts
and normative acts of the Bank of Russia (to the red. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, art. 4084);
5) perform out-of-plan credit check-out
cooperatives in the statements of self-regulating organizations
credit cooperatives and other legal individuals
federal public authorities, public authorities
Subjects of the Russian Federation Authorities Local
self-governments, law enforcement violations of credit
cooperative of the current Federal Federal Law, Other
laws, Legal of the Russian Federation
The Bank of Russia'snormative acts. Federal Law
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, art. 4084);
6 Cooperative Credit
give this credit to a cooperative
orders for elimination of detected violations;
7 Federal
law, other federal laws, legal acts
Russian Federation and Bank of Russia Regulations,
case of obstruction of activity
Credit of the cooperative Orders to deny credit
cooperative to raise money, with new
members and loans until the violations are resolved or before
circumstances that served as the basis for directing the
appropriate restriction (in the red. Federal Act of 23 July 2013
g. N251-FZ-Assembly of Russian legislation, 2013,
N 30, art. 4084);
8) send to the general meeting
credit cooperative (s);
9) address in with
cooperative in cases:
(a) Credit failure by by the cooperative
Elimination of detected violations in the Bank of Russia's prescribed term
(Ind. Federal Law of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, art. 4084);
b) implementation of by the Co-operative
prohibited by this Federal Law;
Repeated by a credit cooperative of the present
Federal Law, Other Federal Laws,
Legal Russian Acts of the Bank
Russia Federal Law of 23 July 2013 N 251-FZ
The legislation of the Russian Federation, 2013, N 30, st.
4084);
10) implement other rights, Federal
laws (under the law) Federal Law of 23 July 2013 N 251-FZ-
The legislation of the Russian Federation, 2013, N 30, st.
4084).
4. The credit of the cooperative must provide
providing in Russia's documents,
ability to get from the Bank of the electronic documents in
order, by the Bank of Russia (part 4 of Federal
of 13 July 2015 N 231-FZ-Legislative Assembly
Russian Federation, 2015, N 29, st. 4357, takes effect from 9
February 2016).
Article 6: Ensure Financial Stability of Credit
cooperative
1. Credit Coop Not Right:
1) grant loans to non-credit members
cooperative (shareholders);
2 Members Members
third faces, other other
obligations of specified persons;
3) to participate in their property in the development of
legal faces, faces, possibility
credit cooperatives
true Federal Law;
4) Issue an emission paper;
5 perform operations with (except
public and municipal pieces of paper, for
exceptions of this Federal Law
(Ind. The Federal Act of Nov. 30, 2011 N 362-FZ
The legislation of the Russian Federation, 2011, N 49, st.
7040);
6) raise money from people who are members
credit cooperative, for exceptions
true Federal Law;
7Implement trade and production activities
8) join other credit cooperatives.
2. Limitations imposed by paragraphs 1 and 8 of Part 1 of this
articles, do not apply to provisioning
Credit by the credit credit to the cooperative
tier, of which is and for the credit
Thecooperative in a second tier credit cooperative.
3. Credit cooperative transactions, related to alienation or
of the disposition of ownership of the credit
property cooperative, as well as transactions entailing a decrease
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percentage and more of the balance of the credit asset
cooperative, defined by of the accounting (financial)
Credit Cooperative Accounting for the last reporting period
may be
The cooperative's approval of transactions. Co-operative's credit deal perfect with violation of this requirement, can be recognized invalid on credit cooperative claim or claim of members credit cooperative (shareholders) is not
one third of the number of members of of the cooperative
(in Federal Act of 21 December 2013 N
375-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
51, article 6695).
4. Credit Cooperatives must comply with the following financial
standards:
1) the size of the contingency fund must be
% (at least 2% for credit cooperative, time
create) money raised credit
cooperative from members of the credit (shareholders)
specs in (financial) end
previous reporting period (in progress) Federal Law
December 2013 N 375-FZ-Legislative Assembly of Russian
Federation, 2013, N 51, article 6695);
2) the maximum sum of money raised from one
member of credit cooperative (payer) or from multiple members
Credit of the cooperative (s), which are Afghanistan-based
faces, should not be 20 percent (not 30
% is for a credit cooperative, whose lifetime
is less than two years since it was created) total money
funds, attracted by the credit cooperative from credit members
cooperative (shareholders) at the time of the attraction
;
3) the maximum sum of a loan, given to one
credit of the cooperative (the shareholders), must not be more than 10
% (no more than 20% for credit co-op, term
creating) total loan amount, issued by
cooperative at the time of the decision to grant a loan;
4) the maximum amount of a loan,
members of the credit cooperative (shareholders),
Affiliated faces 20 percent (30
% is for a credit cooperative, whose lifetime
makes amounts
debts on loans, issued by the credit cooperative at the time
taking a loan decision;
5) Minimal of the Credit Cooperative Fund
must be no less than 8 percent of the money
attracted credit by the members of credit
cooperative (shareholders) and specs in (financial)
reporting at the end of the previous reporting year. Federal
Act of December 21, 2013 N 375-FZ-Assembly
Russian Federation, 2013, N 51, Art. 6695);
6) Maximum amount of money attracted by Credit
cooperative from legal members
(shareholders), should not be more than 50% of the total of the sum
raised money members of on the credit of the cooperative
;
7) maximum money in
credit Co-operatives of the credit cooperative,
their member, in , including the sum of the padded and other
contributions and amount of the credit to the cooperative
levels of loans, should 10 percent of the sum
trust fund and of the credit
Credit
torque
second-level cooperative;
8) total amount of money of the credit
cooperative during the reporting period for the purposes,
loans to members of the credit cooperative (s), cannot
make more than 50 percent of the total amount of raised
credit by the members
Thereporting period.
5. (Part 5 is no more effective under the Federal Act
June 29, 2015 N 210-FZ- Assembly of the Russian Law
Federation, 2015, N 27, art. 4001)
6. Credit cooperatives have the right to attract funds of the Russian Federation
Federation, of the Federation Subjects, municipal
entities, credit organizations, and other legal entities in the case of
if of the legal documents
provides financing for credit cooperatives.
7. goals to reduce the risk, of the financial
stability of credit cooperative and protection of interests of its members
(payers) credit to the right to insure your
Property Interests in Insurance Organizations and (or) Societies
mutual insurance.
8. The credit is entitled to the risk to the risk of loss
(deaths), losses or property damage
cooperative, as well as risk of credit co-op liability for
violation of treaties, on bases
members of the credit cooperative (s).
9. of the member of the credit member's of the cooperative
(Rating) Credit Cooperative is required to provide information
risk of the credit risk to the cooperative for
breach of contract, on the money
the credit cooperative member (s).
Chapter 2: Create, Reorganize, and Eliminate Credit
cooperative
Article 7. Creation and State Registration of Credit
cooperative
1. Credit cooperatives can be created and implemented
its activity in the form of a credit cooperative, members
may be legal and individuals, credit
citizens ' cooperative of citizens, and in
second-tier cooperative.
2. A credit cooperative may be
15individuals or 5 legal entities. Credit Cooperative,
Themembers of which are individuals and legal entities, may
was created by at least 7 specified persons.
3. The credit cooperative is based on
territorial, professional and (or) different .
Principles of Creating a Credit Cooperative By Charter
Credit cooperative.
4. Founders of of the credit of the [ [ cooperative]] take the
create credit of the cooperative, -log
prepares the credit charter
organization of a general meeting of credit cooperative founders,
Thewhich is accepted by the credit cooperative's charter.
5. State Credit registration of the cooperative
is implemented in order, by the Federal
8 August 2001 N 129-FZ On State Registration
legal individuals and entrepreneurs " (hereinafter -
Federal Law on State Registration of Legal Persons and
individual entrepreneurs '). Credit cooperative is considered
legal
records in the Unified State Register of Legal Persons. 6. Name of consumer cooperative, activity, Part 1
Federal Law, must contain the phrase " credit
customer cooperative. " Organizations that do not meet requirements
true of the Federal law, may not use it in
"credit consumer"
{ operatives }
7. Credit cooperative, of which is legal
person, not to the right to use a phrase
"cooperative of citizens".
8. The credit to the right to the
Federal Act Order to Enact in its Statute changes that involve changing the form of a credit cooperative. A change in the form of a credit cooperative is not a reorganization. Article 8: Credit Coop Charter
1. The charter of the credit cooperative should provide:
1) the name and location of the credit cooperative;
2) The object and purpose of the credit cooperative; 3) order and for the credit cooperative
(Rations), and the Order of Membership
;
4 pagevers of credit
cooperative (shareholders), on the composition and order of pats and other
contributions, about members of the cooperative's
(shareholders) on to{ \cs6\f1\cf6\lang1024
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contributions;
5 rights, responsibilities and credit
cooperative (shareholders);
6) structure, size, order of creation, duration
authority and competence of credit cooperative, order
making them decisions, including those for which
unanimous or qualified majority
and the procedure for appealing against decisions of the credit cooperative bodies;
7 reorder
additional contribution for credit cooperative members
(payers) incurred by credit cooperative loss;
8) Order of calculations with a credit cooperative member (shareholder)
when terminating its membership in a credit cooperative;
9) the formation and use of funds, formed in
credit cooperative;
10) Order of the Credit of the Cooperative and
payroll fees;
11) calling and dates for the general meeting of members
credit cooperative (payers), count order
votes;
12) The order in which the credit cooperative is reorganized and eliminated;
13 Cooperative's members
(shareholders), list of documents
confirming membership in a credit cooperative;
14) Other Federal
other federal regulations.
2. The Co-operative Charter
1
Otherprovisions regulating creation and creditactivity
cooperative and
Federal Law, Legal Acts Russian
Federation and Regulatory Acts of the Bank of Russia (in Ed. Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly Russian Federation, 2013, N 30, est. 4084).
3. Changes in and of the contribution, in in the credit rule
cooperative
General Meeting of Credit Cooperatives(shareholders), registration in order,
specified Federal by law " About State Registration
legal entities and individual entrepreneurs. "
Article 9: Credit Coop Reorganization
1. Reorganization of the credit cooperative (Merge,
Attach, partitioning, allocation, conversion
Members
Credit of the (shareholders) cooperative in compliance with federal
Thelaws and its statutes.
2. In cases of the federal laws
reorganizing credit in the cooperative form in
Multiple Credit
trusted
government bodies, Russia
order, installed by federal laws (under the law). Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
3.
responsibilities pass to successors of credit
cooperative according to transfer act or division
Thebalance of the credit of the cooperative. Final drive ratio or
Co-operative
approved by the meeting of the credit
(shareholders) and together with the constituent
Documents
legal or changes to the statute of the reorganized
Credit cooperative. Final drive or separation balance
The cooperative'scredit should contain provisions on succession
for all obligations of the credit of the cooperative, in
volume on the contested in relation to all
creditors and debtors, and
order ofwith changes in composition and value of property to be reorganized
credit cooperative, as well as potential occurrence,
modifying and to terminate and
Credit of the cooperative after
gears act or dividing balance of the credit cooperative.
If the credit of the credit does not give
ability to determine its successor, again
legal faces shared with all
rearranged credit before
are creditors.
4. The credit of the cooperative is
order, installed by a general meeting of credit members
cooperative (shareholders) reorganizing it, or, if the solution
reorganizing the credit of the cooperative adopted by the court in order,
Theset by the court. reorganizing of credit
cooperative in form of the credit line member
cooperative (pier) becomes a member of one
credit cooperatives. reorganizing of credit
cooperative in form members of rearranged credit
cooperatives (pipers) become members again
credit of the cooperative (the shareholders). When reorganizing a credit
cooperative in the join form of members of the attached credit
cooperative (shareholders) become members of
credit cooperative, to that has joined
credit cooperative. With the reorganizing a credit cooperative in
form of allocation part of members of the credit cooperative being reorganized
(shareholders) become members of a credit cooperative formed
when allocating.
5. Credit to the right to convert to
production cooperative, economic society
partnership, non-commercial compliance partnership,
federal laws. When converting a credit
cooperative in production cooperative or non-profit
partnership members of the credit cooperative (shareholders)
becoming members of the production of the [ [ cooperative]]
non-profit partnership. credit
cooperative in economic members
memberscooperative (shareholders)
members of a business society or a partnership.
6. General meeting of credit of the Cooperative (shareholders)
transformation
reorganization to contain:
1) name, location legal
person to be created by reorganizing in the form of a conversion;
2) Order and conditions for credit cooperative conversion;
3) Order of Credit (s) Exchanges
(shareholders) shares, in in the charter
capital of the business society, of the camaraderie
or on members of the production cooperative's if
Credit of the
business society, partnerships in production
cooperative, or or property
the property of the credit cooperative that is entitled to receive
credit of the cooperative, mapped in
non-profit partnership,
non-commercial partnership;
4 list of members of the audit body of the
legal person, if according to federal laws
legal
audit body and its education subsumed
of the top control for creating legal
;
5)
The executive memberslegal entity, if according to federal
laws of and the statute of such a legal person is provided for
executive body of this legal entity and its
education falls within the competence of the highest authority of such
legal person;
6) the person assigned (selected)
executive body of created legal entity;
7) List of members of the body of the new legal entity
(except general meeting of members of the economic society
or partnerships, members of a production cooperative or members
non-commercial partnership, if Federal
and the legal person's charter
the presence of this
higher authority for creating legal entity; 8) an indication of the approval of the transmission of the actby the application
gear ratio;
9 assertion's assertion
legal
documents; 10) other s
reorganizing a credit cooperative in the form of a conversion.
7. Credit cooperative within three working days after the date
making the decision about reorganizing is required in in writing
tell in the registration authority
legal entities, about the start of the reorganization procedure with the form specification
reorganization. In participation in reorganizing two
credit cooperatives is notified by of credit
cooperative, last to decide about to reorganize or
defined in credit cooperative decisions about reorganization. On
reason for this notification to state
registration of legal entities, enters the Unified State Register
legal individuals write about the credit cooperative (credit)
cooperatives) are in the process of being reorganized.
8. Credit Coop Reorganized After Single
state registry of legal entities procedures
reorganizing twice every month in
media in which data is published about
public registration of legal persons, notification of its
reorganization. In the reorg
credit cooperatives reorg
Cooperatives publishes all in
reorganizing cooperatives credit cooperatives
last reorganizing or defined in
decisions on the reorganization of reorganized credit cooperatives.
published reorg
every participating in the reorg created (continued
activity) in reorg of the credit cooperative,
form reorg, and creditors
credit cooperative requirements, other details
federal laws.
9. The Credit Credit Cooperative Credit if Requirements
occurred before Publishing a credit reorganization notification
cooperative, eligible to require fulfillment
corresponding obligation of by the debtor,
early - and Reimburations
related with these damages, except in the
federal laws.
10. In if request
termination of and damages
satisfaction after reorganizing credit
cooperative, again created in reorg
(continuing activity) Credit cooperatives shared
responsibility of on rearranged Credit
Acooperative.
11. The credit cooperative is thought to be reorganized from
state enumeration of again the legal faces,
exception reorganizing the form of to join. On
reorganizing credit of the cooperative in the form of joining it
other credit of the first
Reorganized from to One Public Registry
legal entities of the activity of attached
Credit cooperative.
Article 10: Liquidation of a credit cooperative
1. Credit cooperative may be liquidated:
1) on the general meeting of the credit member of the cooperative
;
2) by a court order on the grounds of the Civil
TheCode of the Russian Federation Federal by Law and
other federal laws.
2. Elimination of credit of the cooperative and satisfaction
requirements of its creditors are implemented in order,
federal laws.
3. In the case, if within six months the members
credit of the cooperative (shareholders) less than the minimum quantity,
article 7, paragraph 2 of the Federal
credit of a cooperative must take the
eliminate in Federal by law
order. In of the requirement of the credit requirement
Thecooperative is to be eliminated by a court order.
4. of the Elimination of Credit Coop
assigned liquidation commission all
authority
cooperative, mandatory valuation
property of the dissolved credit of the cooperative in accordance with
Federation Federation Evaluation
activity. Quotations on members requirement
dissolved credit of the cooperative (s)
give to get an evaluation report of this
Credit cooperative.
5. After to decide on the liquidation of a credit cooperative
this credit does not has the right to make new
members, , raise money from the credit cooperative members
and provide loans. Members of the credit of the Cooperative
(shareholders) are required to fulfill their before credit
cooperative in , common members
credit cooperative (shareholders), and in case of credit liquidation
Thecooperative, by a court order, within the time limit set by the court.
6. of the member's non-performance member of the cooperative
(payer) credit by the cooperative
installed in compliance with of this article credit term
cooperative (liquidation commission) to the right in the court
to require the fulfillment of the specified commitments.
7. Creditors
property of the credit of the cooperative is to be distributed among its
Themembers (payers)) are proportional to the sum of their (s).
8. Intermediate liquidation and final
Liquidative Credit balance of the credit of the cooperative
approved by the general meeting of the cooperative
(the shareholders) or the body that decided to eliminate )
Acooperative.
9. Elimination of credit cooperative is considered complete, a
credit of a cooperative - discontinued after the
recorded this in the Unified State Register of Legal Persons.
10. Relationships, related with insolvency (bankruptcy)
credit cooperatives, are regulated by Russian law
Thebankruptcy federation.
Chapter 3: Credit Coop Membership
Article 11. Procedure for Admission to Credit Cooperatives
(shareholders)
1. Co-operative (shareholders) can
physical persons who have reached the age of 16 years, and (or) legal
faces.
2. Application for credit cooperative members (shareholders)
is filed in writing under the credit of the cooperative.
specified declaration must honor
commitmentCredit Cooperatives Charter.
3.
}
corresponding credit list
(pipe). This record in the member's credit registry
(shareholders) paid after payment of the required premium contribution,
also after paying the welcome contribution in if if
Anintroductory contribution is provided for by the credit cooperative's charter.
4. A member of the credit cooperative (the payer) is issued
supporting membership of in the credit cooperative. This
document must contain the following information: 1) the and location of the credit cooperative, state registration
credit cooperative registration; 2) surname, first name, patronymic (if not derived from law or national custom of the credit cooperative member (s)-for physical person or name, location state registration
registration, identification of the taxpayer
credit cooperative for legal entity 3) postal address, credit cooperative member number (payer), for credit cooperative, amount mandatory contribution and its date of payment, registration number in the credit cooperative member registry date of the document of membership in credit ; 4) Other Information, Federal charter of the credit cooperative. Article 12: Maintenance of credit cooperative members ' register
(Rations) 1. Credit Cooperative is required to maintain a register of credit members Co-operative (Rating Cooperative) containing the following information:
1) registration number in credit registry members cooperative (shareholders); 2) last name, the name, of the member of the cooperative - for a natural person (unless otherwise derived from the law or national custom), name, location of the member credit cooperative (payer)-for legal person; 3) Passport or other identification data member of the credit cooperative (s) of the document-for physical person, registration public registration of the individual of the entrepreneor,
taxpayer identification number-for the physical person
individual entreprene; registration
Public Registration Record Number, Date
records of creation in the Single State Register of Legal Persons,
taxpayer identification number-for legal entity;
4) postal address, credit number member's phone number
;
5) the date of the credit cooperative and termination date
membership in credit cooperative;
6) Other Co-operative Code
details.
2. End of membership in a credit co-op to the registry
members of a credit cooperative (shareholders)
record.
Article 13: Credit cooperative member's rights and obligations
(pier)
1. A member of the credit cooperative (the payer) has the right:
1) obtain loans on conditions,
order of to provide members of members of of the cooperative
(shareholders), approved by the meeting of credit
cooperative (shareholders), use other services
provided by the credit cooperative;
2) contribute voluntary to the credit Co-operative Foundation
contributions in order defined by by the credit rule
cooperative, transfer money to a credit cooperative in
The
provided by this Federal Law;
3) participate in in the credit by the cooperative,
number in general meeting of the credit
(Rations):
(a) raise the general meeting of the credit
(shareholders) order,
true Federal Law;
b) participate in the discussion on the agenda and make suggestions
on the day of the general meeting of the cooperative
;
in) vote on all issues, rendered to the general meeting
members of the credit cooperative (shareholders), with the right to vote;
g) to elect and be elected to the credit cooperative bodies;
4) receive from the credit cooperative bodies
issues of its activity, including the Protocols
general meeting of credit cooperative members (shareholders),
accounting (financial) reporting by credit cooperative,
estimates of the credit cooperative and
report about its execution (to the red. Federal Act of 21 December
2013. N 375-FZ-Assembly of Russian Legislation,
2013, N 51, article 6695);
5) get the sum of (paya) if
membership in credit cooperative in order, of the envisaged part
Article 14 of this Federal Law;
6) implement other member
Federal
Federalregulatory acts, by the credit cooperative charter and internal
regulatory credit (in )
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
2. Credit cooperative member (s):
1) comply with the credit cooperative charter and implement decisions
credit cooperative entities;
2) contribute additional contributions within three months of
Assertion of the credit balance in the
Cooperative Credit
compliance with article 116, paragraph 4, of the Civil Code of the Russian Federation
;
3) Solidally with Other members of
(shareholders) bear subsidiarity liability on obligations
credit cooperative within unadded part of the extra
contribution;
4) return received from credit
cooperative Loans, ending
cooperative early return from
loans cooperative; 5) perform other credit cooperative members Federal
regulatory acts, by the credit cooperative charter and internal
regulatory credit (in )
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
Article 14. Termination of membership in a credit cooperative
1. Credit cooperative membership terminates in case of:
1 out of the credit cooperative;
2) Credit Cooperative Member Exceptions
3 eliminating or in reorg
legal person-member of credit cooperative;
4) The of the person's credit
(pier) OneOne
State Register of Legal Persons by Decision of the Register
organ in order, provided for under Article 21-1 of the Federal Law
About the State Registration of Legal and Individual
entrepreneurs ';
5) the death of a member of the credit cooperative (physical)
person or declaration of death in federal law
order;
6) the credit of
reorganizing;
7) Credit cooperative liquidation
8) termination of the credit cooperative in with with the exception
its from the Single State Register of Legal Persons by Solution
registering body in order,
21-1Federal Law on State Registration of Legal Persons
and individual entrepreneurs. "
2. The out of the credit cooperative serves the
written form on the board of the credit cooperative. Output Order
of Credit of the is defined by by the credit rule
cooperative and Internal Documents
Acooperative. The credit of the credit is executed by
Credit Registry
the cooperative (shareholders).
3. of the member's non-performance member of the cooperative
(payer) duties,
Part 2true Federal Law, of the credit of the Cooperative
has the right to exclude from its members of the credit cooperative (shareholders).
Decision to Exempting the Credit of the Cooperative (Rations)
may be challenged in court.
4. On termination of membership in a credit cooperative in cases
paragraphs 1-3 parts 1 of this piece
credit of a cooperative (pier) is paid
attached charges, returns money
funds raised from a member of the credit cooperative (shareholder) and
other commitments, conventions,
grounds of which credit has implemented attraction
cash flow member of a credit cooperative (payer). Specified
amounts are paid no later than three months from
statements of withdrawal from a credit cooperative, or from the day of adoption
decision about reorg or with
termination of legal member of the credit of the cooperative
(the payer) or from the day of the decision to exclude it from membership
Thecredit of the cooperative (shareholders). { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \
period, from the date of the last accrual for the
membership termination in the credit cooperative, is paid
credit for the cooperative after general
meeting credit members of the cooperative (s)
(Financial) Reporting Fiscal in Order,
envisaged by the credit of the Internalcooperative
regulatory documents of the credit cooperative. These payments
produced at by a credit cooperative member
(payer) of their obligations to the credit cooperative, in
number on the loan. In
unexecuted (debts) member of credit cooperative (payer) before the credit cooperative of the commitment Credit-Spaced Credit (Pawing Contributions and accruals for contributions) to such a credit cooperative member (payer) and other credit of the cooperative
will end completely or partially offset
credit cooperative to a credit cooperative member (payer) (in
Federal Act of 21 December 2013 N 375-FZ-Assembly
Russian legislation, 2013, N 51, article 6695).
5. In case of death of a member of credit of the [ [ shareholders]]
physical or in
federal law of order to his successor, if is
member of of this credit cooperative (shareholder) and does not want or not
may become, is paid the amount of the deceased
member of credit cooperative (payer). The size of this pathization
(paas) is defined in order, of part of 4 of this
articles. In if is the member of the deceased
credit of the cooperative (the [ [ cooperative]] has passed several
heirs, heir, Who has the right to be admitted to membership
credit cooperative (shareholders), defined by agreement
all inheritors of or a court decision. If none of
heirs used members
credit cooperative (s), credit cooperative pays
inheritors due matches with inherited
shares of the deceased member's deceased
cooperative (shareholder). If there are no heirs,
member of the credit (the pipe) order of inheritance
The code of the Russian Federation. If the credit cooperative
has obligations before deceased member of the credit of the cooperative
on loan contracts or other treaties, inheritance, and
order, by the Federal
inheritance and of the deceased member
Credit cooperative (payer).
Chapter 4: Credit Coop Management
Article 15. Credit cooperative bodies
1. The Co-operative's general assembly's is a general meeting
members of the credit (shareholders), credit
cooperative, Single
cooperative, Credit Audit Authority of the Cooperative
(Credit Cooperative Review Board, audit commission
or credit of the cooperative's credit (
audit body) as well as other authorities
true Federal Law, by the credit
internal regulatory documents of the credit cooperative.
2. Structure, Order of bodies
credit of the cooperative, authority is set to
Federal law, by the credit cooperative's charter and internal
regulatory documents of the credit cooperative.
3. The member's member's member decisions
credit of a cooperative can be appealed against
{ \cs6\f1\cf6\lang1024 } Credit Cooperative{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024 }
A
credit cooperative or judicial review.
4. cooperative's
audit credit of the Cooperative
(Supervisory Credit Board of Credit )
Commission or Co-operative
single executive body of credit cooperative cannot
to be elected or appointed a person, that has an uncollected or uncollected
Criminal record for crimes in the economy.
Article 16. Staks. Conflict of interest
1. Persons elected or appointed to credit institutions
cooperative, is recognized by faces in
credit cooperative deals with or
(hereinafter - stakeholders), if specified
consists of these organizations or citizens in labor relations
Founders, members, members, of thesecreditors
organizations, or include citizens in related
relations, are their spouses, parents, children, half-holes
and incomplete siblings, adoptive parents
are adopted or are creditors of these citizens.
2. Interest in by a credit by a cooperative
deals A conflict of interest and credit
Acooperative.
3. Stakactors are required to respect the interest of the credit
cooperative and should use credit
cooperative or allow for purposes, not
The credit cooperative's charter. For of this
articles under the term "credit cooperative's ability" are understood
credit cooperative property, property
non-property rights, activity and plans The
credit cooperative that has value for it.
4. if the person has
interested in a deal, by the party to be
credit cooperative:
1) it has an obligation to report its interest to the board
credit cooperative;
2 The deal should be approved by the credit
Thecooperative before it was committed.
5. Deal, in which there is an interest,
which is committed in violation of the requirements of this article, can
to be judged invalid by a credit cooperative's claim
and (or) less than one third of the members of the total
members of the credit cooperative (s).
6. The person concerned carries before the credit cooperative
liability in damages
cooperative in with Requirements violation
true article. If the loss is caused by the credit to the cooperative
several stakeholders their accountable before
Thecredit cooperative is solidary.
Article 17. General Meeting of Credit Cooperatives
(Rations)
1. The Co-operative's Co-operative
is the highest credit cooperative management body.
2. The Co-operative's Co-operative
have the right to consider any question, related activity
credit cooperative, and take a decision on this matter, if it
is on the credit cooperative board initiative, single
executive credit of the cooperative,
Credit Cooperative Audit Authority, of the Committee
loans of the credit or at the request of at least one
a third of the total number of members of the credit cooperative (shareholders).
3. of the general meeting
credit cooperative (s):
1) Assertion of the cooperative's credit
changes in and
cooperative'sapproval of credit cooperative charter in new edition;
2) Approve a membership clause in the credit cooperative,
property
credit of the cooperative, including order
Credit Cooperative Funds, Order and
about attracting money members members of
cooperative (shareholders), reordering provisions
Credit Cooperative (Rations), on
Credit of the Cooperative, about the Income Distribution Order
credit of the cooperative, and Other internal
credit credit for the assertion
{ \cs6\f1\cf6\lang1024<}{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
credit cooperative (s);
3) Assert and Costs on
Credit Cooperative and Performance Report;
4) Accept Associations
credit cooperatives, credit co-operatives and in
other cooperatives cooperatives, in
provided for by the Federal Accept
deciding to leave such unions;
5) Accept a Reorganization or Elimination of Credit
;
6) election, re-election, early termination of authority
Credit Coop, of the Organ Audit
(Supervisory Credit Board of Credit )
commission, auditor's credit
credit of the cooperative, also
Activity;
7 Assertion of the credit
audit body ( board of credit board
Cooperatives, Audit Commission, Credit Cooperatives
in cases provided by this Federal Law and in
cases provided for by the credit cooperative;
8 revocation of credit cooperative body decisions in
Theof the credit of the cooperative (the payer) in the case of such an appeal
the general meeting of the credit cooperative members (shareholders) in
the order of the credit cooperative's charter;
9) annual accounting (financial) reporting
credit cooperative (to the credit cooperative) Federal Act of 21 December
2013. N 375-FZ-Assembly of Russian Legislation,
2013, N 51, article 6695);
10) Accept credit
cooperative, payment on or
attach accrual-based contributions to properties of (s)
members of the credit cooperative (shareholders);
11) Accept in
emergency audit audit organization selection
(Auditor);
12) Other questions, by this Federal Law
other federal laws and by the credit
Exclusive of the public collection of credit
the cooperative (shareholders).
Article 18. How to Conduct the General Meeting of Members
credit cooperative (s)
1. The general meeting of the credit members of the Co-operative
can be regular or extraordinary.
2. Another general meeting of the credit member of the cooperative
(shareholders)
cooperative , later after six months after
Theend of the fiscal year.
3. External general meeting of credit cooperative members
(the shareholders) can be called by the initiative of the credit
cooperative, on demand of other credit cooperative bodies or
o one total of the members
credit cooperative (s).
4. In if the general general meeting
credit (shareholders) to call
audit body ( board of credit board
cooperative, audit of the board, credit
Cooperative, Single of the Credit Authority
cooperative, other credit cooperative or on demand
not less one of the total of the credit
cooperative (shareholders), Credit cooperative management during
five days from the request to call the extraordinary
Co-operative Members
common
take the extraordinary meeting of members
Thecredit (shareholders) or to the in its convocation.
extra general meeting of the credit of the cooperative
(shareholders),
extraordinary of the general meeting can
poded by individuals who have calling for meetings, in the court
order within three months from the date of the specified decision
Theor expiration period for its adoption.
5. Notification of general meeting of the meeting of credit
cooperative (payers) with an agenda to be sent to members
credit of the cooperative (shareholders) not later than 30 days before the day
Theof this collection. In these timescalations
general meeting of credit cooperative members (s)
must be sent to each member of of the cooperative
(payer) credit
cooperative (shareholder) postal address or awarded under receipt
or, if is provided by in the specified Statute, published in
mass information
cooperative. The charter of the credit cooperative may be provided for
other way of notifying the specified notification in writing
common Meeting of the Cooperative
(pipe).
5-1. Credit Cooperatives, number members
exceeds three and (or) legal
credit Co-operatives of the second level no later than 30 days before
days general meeting of the credit
(shareholders) send meetings
registered mail with notification to the Bank of Russia (Part 5-1 )
Federal Law Nov. 30 2011 N 362-FZ-Assembly
Russian legislation, 2011, N 49, and sect. 7040; red.
Federal Law July 2013 N 251-FZ -Assembly
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Law of June 2015 N 210-FZ -Collection
Russian legislation, 2015, 4001).
6. The notification of the general assembly of members of the cooperative
(shareholders) must be specified:
1) full credit of the credit
locations;
2) The general meeting of the credit
cooperative (shareholders) (meeting, absentee voting or assembly
delegates);
3 Date, location, and of the general meeting
Thecredit of the cooperative (the shareholders). of the general
Correspondence Credit
voting must specify date
votes and postal address,
routed ballot papers for voting;
4) Co-op's general meeting agenda
;
5) order for the information
give members of the cooperative (s)
Preparing the general meeting of the credit cooperative members (s)
and an address, for which you can read the information. K
information to be provided to credit cooperative members
the preparation of the appropriate general meeting of members
credit of the cooperative (shareholders), are the annual report
Credit Coop, Audit Opinion
credit cooperative based on report
annual accounting (financial) reporting, audit
conclusion, candidates in credit
Cooperatives and audit body, draft statute
credit cooperative changes and additions or draft statute
credit cooperative in new revision, draft provisions and other
internal credit cooperative regulatory documents, projects
decisions of the general meeting of credit cooperative members (s), a
also other Co-operative's charter
information. The Federal Act of 21 December N
375-FZ -Collection of Russian legislation, 2013, N
51, article 6695).
7. The credit of the cooperative (the payer) has the right to participate in
general meeting of credit cooperative members (shareholders)
or Thethrough of your representative. general meeting of the credit member
cooperative (shareholder) is entitled to represent by proxy
five other members of the credit cooperative (shareholders).
8. The general meeting of the credit members of the Co-operative
considered legitimate, if it takes more than half
total number of members of credit of the cooperative (shareholders). On
no general general meeting of credit members
cooperative (shareholders) not later than 60 days must be
re general meeting of credit cooperative members
(Rations) with the same agenda. Re-general Meeting of Members
credit cooperative (s) is eligible, if it
less than one third of of members
credit cooperative (s).
9. In a credit cooperative with more than 200 members
definition of of the general meeting of credit cooperative members
(payers) and counting votes from members
credit (shareholders) creating a commission,
quantity and personal are approved by
credit Meeting
general meeting of credit cooperative members (s)
in the form of absentee voting, quantitative and personal convoys
Theaccounting commission is approved by the credit cooperative's board.
case if the counting board is not created or members of an even commission
did not participate in general meeting of the credit
cooperative (shareholders), commissions
Credit Cooperative Management Board Members
meeting of the credit cooperative (s).
10. Accounting Commission checks the credentials and registers persons
participating in general meeting of the cooperative
(shareholders), determines the quorum of the meeting of the credit
(shareholders) provides the order
voting and rights of credit cooperative members or shareholders
votes in votes, count votes and
sums up votes,
{ vote s } { Voting voting. }
11. Count of votes count
Thecommission is separate for each of the questions put to the vote.
When voting with ballot papers, votes
count
only one possible of the voting options. In if
Bulletin for votes contains several questions and
requirement violated for all questions
votes, ballots are invalidated
and
Non-compliance of the requirement of in relation to one or
several questions does not
vote not valid as a whole.
12. Based on the results of the voting, the Accounting Commission is protocol
about results of the vote, by the member of the counting board.
Protocol about voting results not later than three days with
{ \cs6\f1\cf6\lang1024}End{ \cs6\f1\cf6\lang1024}general meeting of credit cooperative members
or since the day of the completion of the votes for
general meeting of the cooperative
(Rations) in the form of absentee voting.
13. Decisions, adopted by the meeting of the credit
cooperative (shareholders), and the result of the vote read
meeting of the credit cooperative (s), during which
Thevoted.
14. 1-6 part 3
Article 17 of this Federal Law is adopted by two thirds
members of the credit cooperative (s) present
The credit shared of the (the shareholders meeting).
Federal and the credit cooperative's charter may
other questions
by qualified majority. Solutions for Other Issues
Most Members of the Co-operative
(the shareholders), in the general meeting of the credit
the cooperative (shareholders).
15. The general meeting of the credit collection
(payers), can cause to invoke responsibility
members of other credit cooperative bodies can be challenged by them
in court order.
Article 19. General Meeting of Credit Cooperatives
(shareholders) in the Delegate Assembly
1. The Co-operative's Co-operative
may take the form of a collection of delegates. In the voting on
Meeting
Commissioners. Each delegate has one voice.
from the number of members of a credit cooperative
(shareholders) not part of the Credit Cooperative Management Board
audit credit of the Cooperative
(Supervisory of the Board, of the commission, of the audit).
Single The credit cooperative body cannot
implement of the delegate function. Authorized
pass to their function, rights, and execution
responsibilities to other persons, including to members
credit of the cooperative (the shareholders). The term for which you are elected
trusted, may not exceed five years. Face, Favorites
commissioner may be reelected for unlimited number of times.
2. election order for general
meeting members of the credit cooperative (s) in the form of a meeting
delegates, order of credit part members
cooperative (shareholders) election Commissioners,
chosen delegate's option
delegate
re-election
Acooperative.
3. The number of members of the credit of the cooperative (s),
which are elected by Commissioners, are determined by the credit bylaws
Acooperative.
4. The rights and duties of the commissioner are confirmed by the decision
meetings of part of credit cooperative members (shareholders) on election
mandated, in the of the meeting.
Decision of such a meeting on election of Commissioners should contain
details:
1) last name, name and of the delegate (if is different
inferred from law or national custom);
2) members of the credit (shareholders)
which represents the delegate
3) last name, , and of the physical (unless otherwise
inferred from law or national custom) - members of credit
cooperative (shareholders) or Name, State
registration number registration
identity of the tax payer for legal persons
members of the credit (which
authorized;
4) term.
5. Convening a collection of delegates according to
with Federal by order and terms that
provided for general meeting members
the cooperative (shareholders). Delegate meeting takes decisions in
order, for to make
members of the credit cooperative (shareholders) with
true article.
Article 20. General Meeting of Credit Cooperatives
(Rations) in the form of absentee voting
1. The Co-operative's Co-operative
may be conducted in the form of absent-distance voting.
2. The general meeting of the credit
cooperative (shareholders) in the form of absentee votes in
end
filled by members of the credit cooperative (shareholders) of the ballot papers.
vote must be sent to each member
credit cooperative (payer) with registered mail or
receipt of at least 20 days before the date on the ballot
close to receiving these newsletters. Decisions adopted by the general meeting
members of the credit (shareholders) in the form of
votes, are reported to the Co-operative members
(the shareholders) in the form of a report on voting results no later than
five days after votes
order, for of the general
meeting of the credit cooperative (s).
3. The general meeting of the credit cooperative (s)
agenda includes of the or
Elimination of Credit Cooperative, On the Election of Credit Institutions
cooperative, on making changes and additions to the credit
cooperative or on the adoption of the credit cooperative's charter in the new
revision, cannot be done in the form of absent-distance voting.
Article 21. Credit Coop Board
1. collections of members
cooperative (shareholders) management)
Thecredit of the cooperative. Credit Management
cooperative is elected by by the meeting of the credit
cooperative (shareholders) from number of members of the cooperative
(shareholders) for the term, established by the credit cooperative's charter,
but not more than five years.
2. The Co-operative's Credit Management Board is headed by
Credit of the Cooperative (Chairman of the Credit Board
cooperative), common of the meeting of credit
cooperative (shareholders) from number of members of the cooperative
(shareholders) for a period of no more than five years. Persons selected in
composition of the credit cooperative, chairman of credit
cooperative (Chairman of the Credit Cooperative Management Board) May
will be reelected as many times as possible. By General Meeting Solution
members of the credit cooperative (s) of board member
Credit Co-op and Co-operative President
(President of the credit of the cooperative) can
terminated premats.
3. The Co-operative President and Board Members
credit cooperative cannot be members of other elected shared
meeting credit of the cooperative (s)
credit cooperative bodies.
4. Holding the meeting of the credit of the cooperative
entitlement, if it has more half
board members, of the credit cooperative's charter.
Credit cooperative management decisions are considered accepted, if
voted more than two thirds of the members present
Theboard meeting of the credit cooperative.
5. The board of the credit cooperative is engaged in membership
credit cooperative (s) and exclusion from credit
cooperative (shareholders) with the credit rule
cooperative, maintains a register of members of the credit cooperative (shareholders)
performs preparation of the general meeting of credit
cooperative (s), forms the general meeting agenda
credit of the (shareholders) cooperative, directs
convening, takes credit decision
cooperative in cases provided for by Part 3 of Article 6 of the present
Federal Law, addresses other issues falling within the scope of the
credit of the cooperative by this Federal Law and
Thecharter of the credit cooperative. Credit Coop Board Not
right to resolve issues that are assigned by this Federal Law and
{ \cs6\f1\cf6\lang1024 } Credit Cooperative's Statutes to Exclusive
meeting of the credit cooperative (s).
6. Members of the Co-operative Board of Credit of which
credit of the cooperative incurred the loss, must refund the credit
Thecooperative of these losses.
7. Members of the credit of the Cooperative Soliders
liability for damages, to the credit cooperative
culpable actions (omissions). In if
Credit of the Cooperative caused loss
credit cooperative, credit liability
cooperative of these losses is released by members of the board of credit
cooperative, voting against the or
missing of the decision, should
confirm in in the meeting protocol
the board of the credit cooperative.
Article 22: Single Executive Body of Credit
cooperative
1. Single- By the Credit Coop Authority
is chairman of credit of the cooperative (Chair
Credit Cooperative Management Board).
2. The Charter of the credit of the cooperative can be provided
executing Single Authority
Credit Cooperative Director (executive director)
Credit cooperative. In this case, the credit cooperative's charter
must include separation of permissions between
(President of the Board) Credit of the Co-Headed
(Executive Director) Credit of the Cooperative and Order
will perform their functions. Director (Executive Director)
credit of a cooperative may be a member of credit
Acooperative (shareholder).
3. Sole The executive of the credit of the cooperative
provides general meeting of creditdecision
cooperative (shareholders) and of the credit of the cooperative,
implements management of
credit Acooperative. Single Loan Authority
cooperative without the power of attorney is in effect from
cooperative, including:
1) represents its interests and makes transactions;
2) issues a proxy to
credit cooperative;
3) issues orders and orders within the limits of its authority.
4. Order of appointment (election), release from
and Single Authority
Thecredit cooperative is determined by the credit cooperative's charter,
internal normative of the credit of the cooperative,
also contract, between a credit cooperative and a person
Thesingle of the body's executive .
Contract between credit to the co-operative and
function of the credit cooperative's sole executive body,
signs on behalf of a credit cooperative by a person, specific
Credit Cooperative Charter, or Authorized By Solution
general meeting of the credit cooperative (s).
5. Single executive body of the credit cooperative, by
the fault of which the credit co-op suffered damages, is obligated to compensate
credit cooperative these losses in order, installed
Federal laws and charter of the credit cooperative.
Article 23. Audit authority
(Audit board, audit commission, or
Credit co-op auditor
1. Audit (Supervisory board,
audit commission or credit of the cooperative
monitors credit cooperative activity and its
bodies, as well as performs other functions provided by the statute
credit of the cooperative. In Credit cooperative
members more 200 of the authority control
implements audit board
Credit cooperative.
2. Audit- body is accountable to the general meeting
members of credit of the Cooperative (shareholders). President and Members
audit body is elected by the general meeting of members
credit (shareholders) of members
cooperative (shareholders) in the order, of a certain charter of credit
Acooperative. Faces chosen in of the Audit
organ, can re-run an infinite number of times. By
decision of general meeting of members of credit of the cooperative (shareholders)
member of the body may
terminated premats. The member of the audit authority is not entitled
pass its authority to to other individuals. Member
Credit Cooperative, Single
credit of the cooperative, member of on loans
Acooperative.
3. Audit body at any time authorized to conduct
financial-economic activity of credit
cooperative and have access to documentation, for activities
credit of the cooperative. Auditing-Audit
is requiredto check annual (financial) accounts
credit cooperative before its general meeting
credit cooperative (shareholders) (under Ed.) Federal Act of 21
December 2013 N 375-FZ- Meeting of Russian legislation
Federation, 2013, N 51, article 6695).
4. Audit and audit authority in relation to the implementation of its
has credit
Thecooperative of any information about the activities of the credit cooperative.
5. Audit authority has the right to convene a general meeting
credit cooperative (shareholders) in case, if board
credit cooperative does not execute its duties,
other federal and defined by statute
credit cooperative.
6. Members of of the audit body are entitled to attend
at a board meeting without the right to vote.
7. The body of the audit in is required
order is granted in case of loan to individuals, selected
Assigned to the credit cooperative.
8. The audit of the body is called
of the body audit or in
absence, by the person, of his replacement, is greater than
Thecharter of the credit cooperative.
9. Holding the meeting of the body's audit
entitlement, if it has more than half of it members. Decisions are considered accepted, if voted
More than two thirds of the number of members of the audit body,
attendees at its meeting.
10.
bodies cannot combine{ \cs6\f1\cf6\lang1024 } Credit Cooperative{ \cs6\f1\cf6\lang1024
labor contract.
Article 24. Committee on Credit Cooperatives
1. A loan committee may be set up in a credit cooperative.
Credit of the Cooperative ( on loans). Create
Loans Committee is required in credit cooperatives
The number of members of the credit cooperative (shareholders) more than 1,000.
2. The Loans Committee decides on loans
members of the credit (shareholders) and
order, given by on the order of loans
cooperative credit (shareholders), shared
meeting of credit cooperative members (shareholders).
3. The [ [ } general meeting
credit (shareholders) of members
cooperative (s) and (or) employees of credit of the cooperative,
not members of the credit cooperative (s). Faces,
selected in loans, can be reelected
unlimited number times. By General Meeting of Members
Credit Cooperative (shareholders)
Theloans may be terminated early.
4.
orassigned to other credit cooperative bodies.
5. In the case that a credit cooperative does not create a committee for
loans, in the credit cooperative charter must be provided
positions, determining credit cooperative body, accepting
Loans on Credit
(pipe).
Chapter 5: Credit cooperative property
Article 25. Sources of Property Formation of Credit
cooperative
1. The property of the credit cooperative is formed by:
1)
(Rations) provided for by this Federal Law and Statute
credit cooperative;
2) Revenue from the Credit Cooperative;
3) raised funds
4) other sources not prohibited by law.
2. The property of the credit cooperative may not be forced to
other than in the order provided by this Federal Law,
Other federal laws and the charter of the credit cooperative.
3. The credit of the cooperative can create an indivisible foundation from
part of the property of the credit of the cooperative, for
} } Decision on Education indivisible foundation, undivided Foundation
use is accepted by the meeting of the credit
Co-operative (shareholders). The non-weekly of the credit of the cooperative
distribution between members of the credit of the cooperative
(Rating) only if the credit cooperative is eliminated.
4. Credit Cooperative Funds (equity fund, reserve fund,
mutual fund and other funds), how they are formed
and use is defined by internal rules
Credit cooperative.
Article 26. Property Liability
cooperative and credit cooperative members
(Rations)
1. Credit Coop is responsible for all
property, for property,
TheFederal of the law.
A credit cooperative does not meet the obligations of its members.
2. Recourse to the Debt Collection of a Member of Credit of the Cooperative
(payer) on the member's patching (s) is allowed only at
the lack of other assets to cover such debts in order
and time frames in law
Federation. On the credit of the Cooperative
an indivisible credit fund
Acooperative.
3. Profit of the credit of the cooperative, incurred by during
fiscal year, can cover for contingency
fund. Profit of the credit of the [ [ cooperative]]
by the endfiscal year, covered by the Reserve of the and
(or) additional contributions on the credit of the cooperative
(Rations) Federal Law of June 29, 2015. N 210-FZ
Russian Law Assembly of the Russian Federation, 2015,
4001).
4. A person who enters the previously created credit cooperative,
bears with the members of of the cooperative's (shareholders)
default liability for unbound
additional contribution for credit cooperative obligations,
which occurred before
cooperative, if defined by the credit cooperative charter, at
condition for confirmation in writing by the person,
familiarized with the credit cooperative income and expenses,
accounting (financial) credit of the credit
agrees to accept this responsibility. Federal Act of the Russian Federation
December 21, 2013 N 375-FZ-Legislative Assembly of Russian
Federation, 2013, N 51, article 6695).
Article 27. Credit cooperative income distribution
1. The Credit Cooperative Credit
fiscal year can be distributed between members
Thecooperative (shareholders)) through the accrual of contributions.
2. The sum, to be distributed, is determined by
Accounting (Financial) Reporting Fiscal
approved by the general meeting of the cooperative
(shareholders) in order, by the credit rule
cooperative and Internal Documents
Acooperative. Pour contributions
proroproport of the sum of contributions of the member
cooperative (shareholder). By General Meeting of Credit Members
cooperative (shareholders) contributions can
paid to members of the credit cooperative (shareholders) or attached
to the credit cooperative (s) members of the credit cooperative (in
Federal Act of 21 December 2013 N 375-FZ-Assembly
Russian legislation, 2013, N 51, article 6695).
Article 28. Accounting, Credit Reporting
cooperative
1. The { \b } cooperative's operator is accounting
represents accounting (finance) and statistical reporting
according to the Russian Federation (in the
Federal Law of December 2013 N 375-FZ-Assembly
Russian legislation, 2013, N 51, article 6695).
2. Accounting and accounting (financial)
credit cooperative to be audited in case, if annual revenue or
credit cooperative requires mandatory audit with Russian Federation audit activity, and other times true Federal by law Federal Act of 21 December 2013 N 375-FZ- Meeting of Russian legislation
Federation, 2013, N 51, article 6695).
3. Credit cooperatives, whose number of members exceeds
three thousand physical and (or) legal persons
Co-operatives of the second level, Credit cooperatives, not
members of a self-regulating organization, represent in
Bank of Russia documents, containing the activity
The personal composition of the credit cooperative bodies. Forms and dates
specified documents are set by the Bank of the Russian Federation
(Part 3 introduced by Federal Act of November 30, 2011) N 362-FZ
-Russian Law Assembly, 2011, N 49, st.
7040; in red. The Federal Act of 23 July 2013 N 251-FZ-
Russian legislation collection, 2013, N 30, st.
4084; of the Federal Act of June 29, 2015. N 210-FZ-Assembly
Russian legislation, 2015, 4001).
Article 29. Storing credit cooperative documents
1. Credit cooperative is required to store the following documents:
1 Co-operative Charter
contributions, logged in it registered in installed
order;
2) documents, state registration
credit cooperative;
3) credit cooperative member registry (shareholders)
4) Accounting (financial) credit reporting
cooperative, and expense and performance reports
property, on its balance (red). Federal Law
from 21 December 2013 N 375-FZ - Legislation
Russian Federation, 2013, N 51, Art. 6695);
5) Credit cooperative internal regulations
6 locations for their branches and representative offices
7) general general general
(shareholders), meetings of the credit cooperative
Audit Credit Co-operative, Protocols
meetings of the credit cooperative (s) on the election of their
trusted, votes for votes, and power of attorney
(copies of letters of attorney) to participate in the general meeting of credit members
cooperative (shareholders);
8 Orders and Orders of the Single Executive Authority
credit cooperative;
9) Other Documents, Federal
law, different federal laws,
cooperative and Internal Documents
Acooperative.
2. Stores stores documents
Part 1 of this article, by location of its executive
organ in and in
Russian legislation.
Chapter 6: Characteristics of credit cooperatives,
members are individuals
Article 30. Physical cash considerations
of the credit cooperative (s)
1. of Part
1true Federal Law for Credit Cooperatives,
members of which are individuals to the right to draw
money specified by of transmissions
personal savings.
2. Under the personal savings contract physical
member of the credit of the cooperative (the payer), passes
cash cooperative on return,
futility, urgency.
3. The terms and conditions of the personal savings contract are defined
position and on cash flow conditions
members of the credit cooperative (s), accepted by the general meeting
members of the credit (shareholders)
true Federal Law Order. The Position and
{ \cs6\f1\cf6\lang1024}Credit Cooperative Member Conditions
(shareholders) should contain all members of credit
cooperative (shareholders) and Order
using money members of members of of the cooperative
(payers), raised
savings.
4. Transfer of Personal Savings regardless of amount
Thein the form. Non-compliance form
Thetreaty
causes to be invalid. This contract isvoid. The savings contract must contain
terms and conditions of cash transfers, size and order
charges for usage, time, and return order.
5. The Personal Savings Transfer contract must be enabled
condition about early return in in order,
of article 14, paragraph 4, of this Federal Law
if the person's membership in a credit cooperative is terminated.
Article 31. Accounting, accounting
(Financial) Reporting
Credit cooperatives, members
of which are individuals
(name in red. Federal Act of 21 December 2013
N 375-FZ-Legislative Assembly of the Russian Federation, 2013, N
51, Art. 6695)
1. Accounting and Accounting (Financial) Reporting
credit cooperative is subject to annual mandatory audit
validation if the number of physical persons of its members
exceeds 2,000 people. Federal Act of 21 December
2013. N 375-FZ-Assembly of Russian Legislation,
2013, N 51, article 6695).
2. Accounting for obligations on personal savings contracts
is kept separate from the credit cooperative's
contracts.
Article 32. Features of the Property Liability of Credit
cooperatives whose members are physical
faces
Collection of the money and other property
credit of the part, of the underlying sum
Credit Cooperative Credit Cooperative Personal
savings, is not allowed, except for the recovery action
recoveryof recovery documents by
contracts for the transfer of personal savings. Federal Act of the Russian Federation
November 30, 2011 N 362-FZ-Legislative Assembly Russian
Federation, 2011, N 49, article 7040).
Chapter 7: Credit cooperatives associations
Article 33. Second-level credit cooperatives
1. For satisfaction of needs and
Credit Credit Cooperatives
can create credit cooperatives of the second level. Credit
level
funds, attract money from its members and others
in order, defined by this Federal Law and
their charters, provide members of for
satisfaction financial requirements other
activity, Federal
Charters of second-tier credit cooperatives.
2. The Federal Locations
credit cooperative activity
financial sustainability cooperative, about creation,
reorganizing and on the union's credit membership of in
Credit Co-operative, Co-operatives
applies to second-tier credit cooperatives.
3. Second-level credit cooperatives are created at least
five credit cooperatives
territorial (regional, interregional, federal)
or another principle.
4. Credit cooperative is obliged to notify when it enters
credit of the second level of self-regulating organization
credit cooperatives of which he is a member.
5. The level of the credit cooperative is not allowed to join
members of other second-tier credit cooperatives.
6. The minimum size of the credit cooperative
second level must be:
1) 10 millions of rubles after one month since
creating it;
2) 50 millions of rubles after one year since its
creation.
7. Until the minimum size of the equity fund
second-tier credit cooperative can
used for to provide to its members, placed on
deposit accounts in Russian credit organizations,
in purchase of state and municipal securities,
acquisition of shares in the equity of or of the Russian
credit organizations.
8. In the case, if the size of the credit cooperative's trust fund
second level of accounting (financial) reporting
ending periods, parts of 6 of this article, , and
every subsequent quarter is less than the minimum
foundation, credit of the level of in
four calendar months from the end of periods specified
specified quarter must accept for
exception resolving this before
next quarter. In of this requirement
Elimination of second-tier credit cooperative
The court'ssolution Federal Act of 21 December 2013 N
375-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
51, article 6695).
9. Second-level cooperative's credit
used to provide its members, implementation
organizational-management expenses, on
deposit accounts in Russian credit organizations,
to purchase state and municipal securities or on
acquisition of shares in the equity of Russian shares
credit s
Federal of the law. this maximum amount of
to purchase state and municipal value
papers, acquisition in share capital or shares
Russian organizations credit should be no more than 20
percentage of the value of the second-tier credit cooperative's assets.
10. Accounting and accounting (financial) reporting
Credit of the Cooperative
mandatory audit (s) Federal Act of 21
December 2013 N 375-FZ-Legislative Assembly of Russian
Federation, 2013, N 51, article 6695).
Article 34. Union (Association) Credit Cooperatives
1. Credit cooperatives on the voluntary base
join associations (associations) of credit cooperatives in
coordinating credit cooperatives, views, and
protecting their interests, providing information, legal, and others
services, organization for credit
cooperatives, credit qualifications
Cooperatives, Implementation Other
Otheractivity.
2. Procedures for the creation of a credit cooperative association (association)
its reorganization and liquidation, , and its
organs, relationships of the union (s) of credit cooperatives
and its (its) members, other issues of creating and activities of the union
(Associations) Credit cooperatives are defined by
laws and founding documents of union (association) of credit cooperatives. Article 35. Self-regulating credit cooperative organizations 1. Self-regulation of credit cooperatives
in self-controlled
organization credit cooperatives (further - self-controlled
organization), and control goals
Credit Cooperatives that are their members, and
for presentation and protection of members ' of self-regulating
organizations.
2. The activities of self-regulated organizations are regulated
true Federal Law, as well as Russian legislation
Federations of self-regulating organizations.
3. Credit Co-operatives, for credit
second-level cooperatives, are required to join self-regulated
organization in three months of credit creation
cooperatives. Credit cooperatives, required members
self-regulating organization according to this Federal
law that has terminated membership in the self-regulated organization
must be within three months of termination of its membership
self-regulated organization to join other self-regulated
organization. Before joining a self-regulating organization, credit
cooperatives do not have rights to raise money members
credit (shareholders) and credit
co-op of new members of the credit cooperative (s).
4. Credit The Cooperative obliged to be a member
self-regulating organization according to this Federal
{ \cs6\f1\cf6\lang1024
}
Russian of the Part (in Ed.
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
5. The cooperative can member only
self-regulating organization.
6. For members of self-governable organization
credit cooperative must present:
1) application for joining a self-regulating organization;
2) notarized copies of the constituent documents;
3) A notarized copy of the production certificate
credit cooperative to tax authority;
4) extract from the public registry of
; 5) Certified Credit by the
{ \cs6\f1\cf6\lang1024}Credit Cooperative Regulatory Documents;
6 authenticated credit by the copy of of the accounting
(Financial) Credit of the Co-operative Last
reporting period Federal Act of 21 December 2013 N
375-FZ -Collection of Russian legislation, 2013, N
51, Art. 6695);
7 certified credit cooperative from member registry
credit (shareholders), containing
number of members of credit cooperative (shareholders);
7-1) Information about the self-regulating organization (s),
Themember of which the credit cooperative was previously a member (point
7-1 was introduced by Federal Law from 29 June 2015 N 210-FZ
The legislation of the Russian Federation, 2015, N 27, st.
4001);
8) other documents, for self-regulating
organization, rules, and standards for a self-regulating organization.
7. Self-regulating organization collegium
receives Members
self-regulating organization for three days from the day of receipt
from Credit Cooperative Application for Self-Regulated
organization and required documents specified in Part 6 of this
articles.
8. Grounds for rejection of a credit cooperative in
members of self-regulating organization are:
1 non-provision by the credit cooperative
true Federal by law, to self-regulate
organization, rules and standards for a self-regulated organization
documents;
2) Credit Confusion of the co-op
self-regulating organization of membership conditions in self-regulated
;
3) credit of the member's friend
self-regulating organization (item 3 introduced by Federal Act)
June 29, 2015 N 210-FZ- Assembly of the Russian Law
Federation, 2015, N 27, st. 4001).
9. Credit The Cooperative is denied membership
self-regulated organization, has the right to challenge in
court order.
9-1. The organization of the creditorganization
Cooperatives, which submitted the Members
self-regulated organization, to request from others
self-regulating organizations whose member was previously
credit cooperative, results of tests performed
activities of such a credit cooperative and facts of in
relationship to its responsibility for the three years, of the preceding date
Theof the request. Self-controlled organization,
of this request, must provide the requested
information not later than three days from the receipt of the specified query
(Part 9-1 was introduced by Federal Law of June 29, 2015). N 210-FZ
Russian Law Assembly of the Russian Federation, 2015,
4001).
10. Non-commercial acquires status
self-regulated organization of aggregation
nonprofit organization of at least 100 credit cooperatives or
not less five credit cooperatives, cumulative members
organization's non-commercial requirements
regulatory Acts of the Bank of Russia and the law
Russian Federation about self-regulating organizations.
Non-commercial organization acquires the status of self-regulated
organization from the date of incorporation of the non-profit organization in
State Registry Self-Managed Credit Registry
cooperatives. non-profit
organization in The State inventory of self-regulating organizations
credit cooperatives regulated by Russian
Federation o self-regulated organizations (on the red. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, est. 4084).
11. Self-regulated organization has the right to create branches and
representation, including regional.
12. Information about a non-profit organization can be excluded
of The State Register of Self-regulated Organizations of Credit
cooperatives of the Bank of Russia on and in Order,
Russian Federation
self-regulating organizations (to the red. Federal Law of
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, st. 4084).
Article 36. Functions, Rights and Obligations of Self-regulating
organizations
1. Self-controlled organization performs the following
functions:
1 sets and to
Fed by law, by other laws, other
Regulatory Legal by Russian Federation and Normative
Acts of the Bank of Russia for members of the self-governable
organization rules and standards Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, art. 4084);
2 develops the sample credit coopera-ts
members of self-regulating organizations, approximate forms of their internal
regulatory documents, guidelines, and other related activities
credit co-operatives;
3) organizes credit
members of a self-regulating organization;
4) develops
self-regulated organization, in , including the number conditions of the members
self-regulated organization and
self-regulated organization;
5) controls the activities of its members in part
complying with requirements of Russian legislation in
scope of credit collaboration, rules, rules,
standards of self-regulating organization;
6 considers actions (inaction)
members;
7) leads to the Federal Act of 1
December 2007 N 315-FZ "About self-regulating organizations" registry
credit members of a self-regulated organization and
exposes to of this
stakeholder in order, installed by law
TheRussian Federation and the Charter of the Self-regulating Organization (to the red.
Federal Law From June 2013 N 113-PHC -Collection
Laws of the Russian Federation, 2013, N 23, art. 2871);
8) interacts with the Bank of Russia in the order, of the
Russian Federation of self-regulating
organizations, other normative legal acts of
Federation and Bank of Russia regulations (to the red Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, art. 4084);
9 performs functions other than
Fed by law, by other laws, other
regulatory legal acts, Bank of Russia regulations and
The Charter of the self-regulating organization (to the red). Federal Act of the Russian Federation
23 July 2013 N 251-FZ- Assembly of the Russian
Federation, 2013, N 30, st. 4084).
2. matches with Federal
law of functions of a self-regulating organization has a right:
1) inspect self-managedmembers
organization in parts of compliance
Russian Federation in the of the Cooperative's Cooperation, Provisions
charters, rules and standards for a self-regulating organization.
planned self-regulated organization
occur at least once every three years and no more than once
a year, out-of-scope checks run based on incoming
complaints and Claims;
2 use members
Russian Federation of self-regulating
organizations, by the Charter of the self-regulating organization and other
documents of an organization that is self-regulating;
3) exclude credit cooperatives from members
self-regulated organization in cases
Russian Federation of self-regulating
organizations and articles of a self-regulating organization;
4) implement other rights, provided by
self-regulated organization, in matches
Federal FederalFederal
laws, other legal acts of the Russian Federation and
Bank of Russia regulations, taking into account the peculiarities of the Bank of Russia
for the self-regulated organization of this Federal Law (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
3. Self-regulating organization is obliged:
1) set for the organization's self-adjusted organization
rules and their performance standards
2) Set and Other
members of self-regulated organization
order for members of the self-governable organization
Russian Federation law in the area of credit
collaborations, s rules, , and standards
self-regulated organization,
responsibility for members of a self-regulating organization under
detecting violations in their activities;
3) create a structural unit, in control
for activities of members of a self-regulating organization;
4) create
disciplinary of exposure to its members during detection
Russian Federation in
scope of credit collaboration, rules, rules,
standards of self-regulating organization;
5) take to prevent conflict
Self-Managed Credit
cooperatives and its members, as well as timely settlement
such a conflict;
6) send information about self-regulated members to the Bank of Russia
credit cooperatives, members
has exceeded three and (or) legal entities. Forms,
Date and Order of
Russia (in Ed. Federal Law of June 29, 2015. N
210-FZ-Russian Federation Law Collection, 2015,
27, art. 4001);
7) notify as the Bank of Russia is identified of violations by members
self-regulated organization of Russian legislation requirements
Federation in the scope of the credit cooperation and provisions of their charters (in
Federal Law of 23 July 2013 N 251-FZ - Collection
Russian legislation, 2013, N 30, art. 4084);
7-1) guide in the implementation
parts of their compliance
{ \cs6\f1\cf6\lang1024 } Russian Federation's{ \cs6\f1\cf6\lang1024
} credit requirements
collaborations, s rules, , and standards
self-regulated organization in order, by the Bank
Russia. Forms, terms and order of the information
set by Bank of Russia (item 7-1 by Federal Law)
from 30 November 2011 N 362 - Law Collection
Russian Federation, 2011, N 49, st. 7040; in red. Federal
Act of 23 July 2013 N 251-FZ - The Law Collection
Russian Federation, 2013, N 30, st. 4084; Federal Act of
June 29, 2015 N 210-FZ- Assembly of the Russian Law
Federation, 2015, N 27, art. 4001);
7-2) send documents to the Bank of Russia, containing
activity of and the personal composition of credit co-operatives
- members of the self-regulating organization, and also
(Financial) reporting. Forms, dates and
providing and information
Bank of Russia (Federal Law of June 29, 2015, para. 7-2)
g. 210-FZ-Assembly of Laws of the Russian Federation, 2015,
N 27, art. 4001);
8) carry other duties, provided by its constituent
and Russian Federation
self-regulating organizations.
4. The self-regulated organization
standards are binding on all members.
Article 37. Provide self-regulated access
for information
Self-controlled organization to place in
Information and Telecommunications Internet
information, Federal 1 December
2007 N 315-FZ " O self-regulated organizations
self-regulating organization (in the red. Federal Act of 7 June
2013. N 113-FZ-Legislative Assembly of the Russian Federation,
2013, N 23, article 2871).
Article 38. Self-regulating organization (s)
Body Structure of a Self-regulating Organization, Competation and
their terms of authority, the order in which they are made
constituent and internal documents
self-regulated organization in with law
Russian Federation about self-regulating organizations. Order
formation of self-regulated organization, in
requirement for number of independent members permanently effective
collegiate self-managed organization
is defined by the organization's self-regulating organization.
Article 39. Ensuring property ownership of members
self-regulating organization
1. Self-controlled organization is required to
ownership of credit co-operatives
members, on before members of credit cooperatives
(pipe).
2. Self-controlled organization provides property
responsibility of its members by the compensation
funds in accordance with the provisions of this Federal Law and
Russian Federation
organizations. 3. In order to ensure the property of the members ' responsibility self-regulated organization on membersbefore
Credit Cooperative (shareholders) self-regulated organization
right to present credit cooperatives, to attract money
funds of its members-individuals, insurance requirements
risk of liability of credit cooperatives for breach of contracts
to transfer personal savings.
Article 40. Compensation fund and compensatory payments
1. The Compensation Fund is formed by payments (contributions)
members of a self-governmentable organization
true federal law, some revenue from allocation
compensation for is not prohibited by law
sources. Order Formation and Size of the Foundation
set in self-regulated organization in
compliance with the provisions of this Federal Law.
2. The and order of (contributions) members
self-regulated organization to compensation fund is installed
in the of the self-regulating organization. If this is the size of the annual
mandatory payments (contributions) to the compensation Foundation
self-regulated organization must < 0.2
percentage of average annual of his assets,
its (financial) accounts. Maximum
sum of all mandatory payments (contributions) of self-process
organization in compensation fund in which payment
(contributions) to compensation fund member of self-regulating organization
no longer produced, must be greater than 5 percent
assets of a self-regulated organization (in . Federal
Law of December 21, 2013 N 375-FZ-Legislative Assembly
Russian Federation, 2013, N 51, est. 6695).
3. Self-controlled organization has the right on your own
place a compensation fund in
millions of ruble Diversibles
return, profitability, liquidity. Conditions and Order
hosting compensation fund, as well as requirements
composition and structure of the compensation fund is defined
Ainvestment declaration adopted by a self-regulating organization.
When allocating a compensation fund to
restrictions:
1) not less than 50 percent of the compensation fund should
to be placed in government securities of the Russian Federation
and (or) public subjects of Russian
;
2) no more than 30 percent of the compensation fund can
be posted on deposit accounts in banks, in the accessing
organized tenders for Russian issuers created in the form
public stock companies or in paev investment
funds. However, not more than 5 percent of the specified funds can be
is placed in the share of one issuer (on the red. Federal Act of 21
November 2011 N 327-FZ - Collection of the Russian
Federations, 2011, N 48, art. 6728);
3) no more than 10 percent of the compensation fund can
be invested in real estate objects.
4. Self-regulated organization does not have the right to allocate
compensation fund in security not
organized trading (Ind. Federal Act of 21 November 2011
g. N 327-FZ-Legislative Assembly of the Russian Federation, 2011,
N 48, st. 6728).
5. if of the fund
self-regulated of the organization will exceed 20 millions of rubles,
self-regulating organization must:
1) in days
compensation fund to notify of this Russia's (in red. Federal Law July 2013 N 251-FZ -Assembly Russian legislation, 2013, N 30, art. 4084); 2) in within one year from the above specified size compensation fund to contract with management company
trust fund's compensation
with Russian
self-regulated organizations and to pass
Thetrust fund for the trust fund.
6. Proceeds, received from offset
fund, is directed to replenit this fund and meet expenses
related with appropriate
funds. Compensatory fund used exclusively
for financial property ownership of members
self-regulating organization members ' members
by the self-regulated organization
compensation payments in accordance with this article.
7. Compensatory repayments, to self-run
organization from the compensation fund according
Articles,
member of a self-regulating organization to fulfill its obligations
before members of (shareholders). compensation compensation
a self-regulating organization matches
normative Acts of The Bank of Russia, with the and standards
self-regulating organization (in the red. Federal Act of 23 July
2013. N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
8. Compensatory payment of from the compensation fund in
relation of one of a self-governmentable organization may
exceed 5 percent of the compensation fund
to make a decision about the specified payment.
9. The compensation fund cannot be awarded
recovery from the obligations of the self-regulating organization. 10. Cannot return members of self-regulated organization their payments to the compensation fund. 11. When excluding information about from
State Self-Managed Organizations Registry
Cooperatives of Compensation Fund are to be distributed
between members of a self-regulating organization in proportion
payments made by members of a self-regulating organization (contributions) in
compensation and by three years from the exception day
nonprofit organization from the register of self-regulated organizations
Credit Cooperatives to pay members of a self-regulating organization.
12. Distribution of compensation fund approved
common collection of members of a self-regulating organization
protocol of the general meeting of members of self-regulated organization, in
which specifies members of the self-regulating organization
offsets (contributions) to compensation fund, with shares
compensation fund to be paid.
13. Compensation fund no later than five days
days to hold a general meeting of members of a self-regulating organization
are credited to a notary's deposit, where they are before the end of
years of the organization from
State Self-Managed Organizations Registry
cooperatives. In for the period of recovery of the compensation
deposit of notary public from compensation fund can
compensation payments to persons listed in the protocol
general meeting of members of self-regulating organization, on
executions of court decisions.
Article 41. Control (supervision) of activities
self-regulating organizations
(name in red. Federal Law of 23 July 2013 N
251-FZ -Collection of Russian legislation, 2013, N
30, Art. 4084)
1. Control (supervision) of the activities of self-regulating
is implemented by the Bank of Russia through planned
and exceptional audits of self-regulating organizations (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian legislation, 2013, N 30, sect. 4084).
2. Routine inspection of the activities of a self-regulating organization
is held at least once every two years according to the plan,
approved by the Bank of Russia] Federal Act of 23 July
2013. N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
3. Exceptional self-regulatingactivity
organization
legal persons, individuals, organs
state authorities, authorities of state authorities
Russian Federation Local Home
law enforcement of a self-regulatingviolation
organization or its members of this Federal law, other
Federal Laws, Acts Russian
Federation and Bank Regulations of the Bank of Russia Out-of-plan test
self-regulated organization can
credit cooperative activity audit
number of which exceeds three thousands of physical and (or)
legal entities that are a member of a self-regulating organization (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Law of June 2015 N 210-FZ -Collection
Russian legislation, 2015, 4001).
4. Implementing Self-ManagedValidation
Bank of Russia has the right to accept
checkCredit of the Cooperative, a member
self-regulated organization, in of credit
Russian Federation requirements
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}
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}
a Requirements s and standards
self-regulating organization (in the red. Federal Act of 23 July
2013. N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
5. Requirements Requirements
true Federal The [ [ bank]] of directs the to
self-regulated organization order to be removed to reasonable
time frame for detected violations. Order of the Bank of Russia to eliminate
revealed violations can be self-regulated
organization in the court order (ed.) Federal Law of 23
July 2013 N 251-FZ - Collection of the Law of the Russian
Federation, 2013, N 30, st. 4084).
6.
Russian Violations
nonprofit of the public registry
self-regulated credit organizations (in Ed.
Federal Law of 23 July d N 251-FZ - Collection
Russian legislation, 2013, N 30, sect. 4084).
7. organizations are
Self-controlled State registry
credit cooperative organizations from the effective date of the solution
ships to exclude such information from the specified registry.
8. If of the organization from
State Self-Managed Organizations Registry
cooperative credit cooperatives, by its members, are required
in other self-regulated organizations
Cooperatives within three months from the exception date
nonprofit of the public registry
self-regulating credit organizations ' cooperatives. specified
credit co-operatives are subject to the provisions of article 35 (3) and (4)
true Federal Law.
9. The Bank of Russia is obliged to provide information about self-regulating.
organizations, containing in the Registry
self-regulated organizations cooperatives, any
credit cooperative within five business days from the day of presentation
statements about how to provide information. Federal Act of
23 July 2013 N 251-FZ- Assembly of the Russian
Federation, 2013, N 30, st. 4084).
Chapter 8: Final provisions
Article 42. Final provisions
1. The constituent s and others
Consumer Cooperatives, Activities
Article 3, Part 1 of the Federal Law,
created before the day of the effective Federal Law,
casts to with
Federal of the law within one year from the date of entry into force
true Federal Law. After one day
coming in of the Federal Federal credit
cooperatives and other consumer cooperatives that did not result in
constituent documents in compliance with the requirements of this
Federal Law, has the right to work
Article 3, paragraph 1, of this Federal Act.
2. of the
Federal Act of the time to execute requests
Credit Cooperatives in Self-regulating Organizations
control (supervision) of credit cooperatives
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, sect. 4084).
3. In the ratio of credit cooperatives that did not join
self-regulated organization, Bank of Russia has the right
Federal Law July 2013 N 251-FZ -Assembly
Russian legislation, 2013, N 30, art. 4084:
1) query and retrieve financial and economic information
public
Activitystatistics, of the federal executive authority
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}
{ \b }}of other State oversight and control bodies;
2 Request Cooperative
documents, positions, and other documents, shared
members of the credit (shareholders) and others
credit cooperative;
3) request from the credit of the [ [ cooperative]]
(financial) reporting in order, by the Bank of Russia (in
The Federal Act of 23 July 2013 N 251-FZ-Assembly
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Law of December 2013 N 375-FZ-Assembly
Russian legislation, 2013, N 51, article 6695);
4) perform compliance compliance checks
Federal federal law, Federal
laws, Legal Russian
normative acts of the Bank of Russia (ed.) Federal Act of 23
July 2013 N 251-FZ - The legislature
Federation, 2013, N 30, art. 4084);
5) hold credit cooperative activity
assertion of legal entities, individuals,
public authorities, authorities
Subjects of the Russian Federation Local Self-Government
law enforcement credit violation by a cooperative
true Federal law, other federal laws
Russian laws and regulations
Russia (in Ed. The Federal Act of 23 July 2013 N
251-FZ-Legislative Assembly of the Russian Federation Federation, 2013,
30, art. 4084);
6 Cooperative Credit
give the required to fulfill the removal order
detected violations;
7) address in with
credit
Russia Bank
detected violations, carrying out activities, forbidden
true Federal by law, or repeatedly
Credit Cooperative Federal Other
Federal Laws, Acts Russian
Federation Russia (in Ed. Federal
Law of 23 July 2013 N 251-FZ-Legislative Assembly
Russian Federation, 2013, N 30, art. 4084);
8) implement other rights, Federal
laws (under the law) Federal Law of 23 July 2013 N 251-FZ-
The legislation of the Russian Federation, 2013, N 30, st.
4084).
Article 43. Recognition that are no separate
Legislation (Legislative Provisions
acts of the Russian Federation
To be void:
1) Federal Law August 2001 N 117-FZ
About credit Co-operatives (Collection
Russian legislation, 2001, N 33, art. 3420);
2) Article 3 of the Federal Law of 3 November 2006 N 183-FZ
"About making changes to Federal Law " O agricultural
and Certain Legislative Acts of the Russian Federation
( Russian Federation 2006, N 45,
4635).
Article 44. Entry into force of this Federal
of the law
1. This Federal Law shall enter into force at the end of 10.
days after its official publication, except part
Article 35, paragraph 3, of article 35 of the Act.2. Part 4 of Article 6 of this Federal Law comes into effect
force one in power
true Federal Law.
3. Article 35, paragraph 3, of this Federal Act shall enter into force
force on two years after the date of entry into force of this
Federal law.
Dmitry Medvedev
Moscow, Kremlin
18 July 2009
N 190-FZ