Advanced Search

On Amendments To The Federal Law "on Mortgage Backed Securities"

Original Language Title: О внесении изменений в Федеральный закон "Об ипотечных ценных бумагах"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On amending the Federal Mortgage Securities Act Adopted by the State Duma on 19 December 2012 Approved by the Federation Council on 26 December 2012 Article 1 Mortgage Securities " (Legislative Assembly of the Russian Federation Federation, 2003, N 46, Art. 4448; 2005, N 1, est. 19; 2006, N 31, est. 3440; 2010, N 11, st. 1171) The following changes: 1) of Part 3 of Article 3 should read: " 3. At the time of the placement or issuance of mortgage-backed securities, mortgage coatings are not able to form secured mortgages and the provision of other obligations. Mortgage bonds, with the exception of housing bonds with a mortgage, may include claims secured by a mortgage bond that has not been completed. Claims secured by a subsequent mortgage may be subprime only provided that the principal amount of the debt on the pre-mortgage obligation and the principal amount of the debt on the obligation secured A subsequent mortgage, in aggregate, does not exceed seventy per cent of the market value (monetary valuation) of the mortgages determined by the independent appraiser. The percentage of claims secured by a mortgage not completed should not exceed 10 per cent of the mortgage size. "; 2) in article 8: (a) in Part 1: Paragraph 3, after the words ", including", add " loans and credits for the purchase of loans (loans), secured mortgages, and (or) mortgages, and in order to pay for the costs of training and accommodation of bonds with a mortgage, "; as follows: " The mortgage agent's charter must specify the maximum number of bond issues with the mortgage for which it is created. The change in the maximum number of bond issues with a mortgage for which a mortgage agent is created is not allowed. "; b) to be completed with Part 4: " 4. A voluntary liquidation of a mortgage agent is permitted only after the mortgage of this mortgage agent has been repaid by the mortgage agent. "; 3) in article 10: (a) Part 2 is supplemented by words ", except in the case referred to in part 3 of this Article"; b), to be supplemented by Part 3, reading: " 3. In the case of bonds with a single mortgage cover of two or more releases, with respect to which a different order of performance is established, the maturity of interest on the bonds with the mortgage, the performance of obligations on which The first part of article 11, paragraph 1, of article 11, should read: " 2. Mortgage coverage may be embedded in the performance of bond obligations of two or more releases. The requirements of this Federal Mortgage Act, which provides for the performance of bonds of one issue, are applied to the mortgage, which provides for the performance of the bond obligations of two or more bonds In accordance with article 13, paragraph 2 (a), of the second part of the article, paragraph 2 (a), paragraph 2 (b), amend to read: " 6. In the case of bonds with a single mortgage cover of two or more releases, for which different order of performance is established, the mortgage requirements set out in Part 2 of this Article may not apply to Mortgage bonds, the performance of which is the last of the obligations, if so provided by the decision to issue such bonds. "; 6) in article 16: (a), add the following sentence: The right to demand early repayment of mortgage bonds shall be terminated after the expiry of the time limits specified in Part 3 of this Article. "; b) Part 2 should read: " 2. The mortgage issuer must inform the owners of such bonds that they have the right to demand early repayment of their mortgage-backed bonds, their value and the manner in which they are paid, The termination of this right by disclosure or submission to the owners of such bonds of the relevant information in the manner and in time stipulated by the normative legal acts of the federal executive branch of the securities market. "; in) Part 3, amend to read: " 3. The length of time that the owner of a mortgage bond may be subject to early repayment of the bond is determined by a decision to issue them, but may not be less than 30 days from the date of disclosure or submission by the issuer Information on the emergence of the right to demand early repayment of the mortgage holders. At the same time, the right to demand early repayment of mortgage bonds arising from the violation of the established requirements for mortgage bond and (or) breach of the conditions that ensure the proper performance of obligations "Mortgage bonds, which are established by article 13 of this Federal Law, shall be terminated as from the date of disclosure or disclosure by the issuer of the information on the elimination of the detected violations."; g) to be completed by Part 4 of the following: Content: " 4. In the case of a single mortgage bond issue for two or more releases that have different priorities for performance, the owners ' demands for early repayment of their respective bonds are subject to Satisking in accordance with the established order for the issuance of these bonds of priority, unless otherwise provided for by that decision. "; 7), article 21, paragraph 1, shall be worded as follows: " 1. Mortgage coatings of mortgage certificates may include only claims on secured mortgage obligations, mortgage certificates of participation, the share in the right of common ownership to another mortgage settlement, real estate Property and moneys received in connection with the performance of obligations, the requirements of which constitute the mortgage, the application of the claim, their sale, the performance of the mortgage certificates of participation, subprime mortgage, real estate, as a part of the mortgage, or else the fiducially management of such a mortgage. A non-acquisition of property may constitute mortgage on a mortgage only as a result of its acquisition (abandonment) in connection with the recovery of the mortgage in the event of failure or improper performance " The Government of the Russian Federation has the right to install additional (together with under this Federal Law) and (or) list The particulars to be contained in the rules of trustee of the mortgage. "; 9) Part 2 of Article 29 shall be declared invalid. Article 2 Article 1, paragraph 7, of the Federal Act of 27 July 2006, No. 141-FZ, " On amendments to the Federal Act, Mortgage Securities Act (2006, 2006, No. 31) 3440) be declared invalid. Article 3 1. This Federal Act shall enter into force on 1 January 2013, with the exception of article 1, paragraph 6, of this Federal Act. 2. Article 1, paragraph 6, of this Federal Law shall enter into force on 1 April 2013. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2012 N 281-FZ