RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on July 13, 2012 Approved by the Federation Council on July 18, 2012 g. N 432-FZ) Article 1 Amend the federal law "About banks and banking activities" (as amended) Federal Law of 3 February 1996, N 17-FZ) (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, sect. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 1998, N 31, sect. 3829; 2001, N 26, st. 2586; N 33, st. 3424; 2002, N 12, st. 1093; 2003, N 50, sect. 4855; 2005, N 1, sect. 18; 2006, N 19, sect. 2061; 2007, N 22, est. 2563; 2009, N 1, sect. 23; N 9, est. 1043; 2010, N 31, est. 4193; 2011, N 29, sect. 4291; N 49, sect. 7069) the following changes: 1) in Article 20: a) Part IX to add the following to paragraph 6: " 6) the credit institution returns to clients of their securities and inogots Property, accepted and (or) acquired by the credit institution for their storage contracts, fiducible management contracts, depositary contracts and brokering contracts. "; b), paragraph 1, of the tenth paragraph, after the words" be supplemented by the words "to be supplemented by the words", taking into account the particularities established by the Federal Paragraph 5 of the insolvency (bankruptcy) (bankruptcy); in part 12, paragraph 5, of the void; (2) Part 12 of article 23, amend to read: " Constituents (participants) of the credit institution, The Liquidation Commission (liquidator), approves the interim liquidation balance and the liquidation balance of the credit institution in coordination with the Bank of Russia. The Liquidation Commission is obliged to transfer the required documents of the credit institution to be stored in accordance with the procedure established by federal laws and other legal acts of the Russian Federation, in accordance with the list, which is approved by the authorized Government of the Russian Federation by the Federal Executive Office and the Central Bank of the Russian Federation. "; 3), in the first article 23-1, replace the words" 15 days "with the words" 15 working days "; 4) to supplement Article 40-1 as follows: " Article 40-1. Storage of information about the activity credit institution To store information about property, liabilities of the credit organization and their movement, the credit institution is obliged to reflect all implemented Operations and other transactions in databases on electronic media to ensure that the information contained in them is stored for at least five years from the date of inclusion in the database and allow access to such information a state for every operating day. The procedure for the establishment, maintenance and storage of databases containing such information shall be established by the Bank of Russia. The storage of information contained in the databases required by this article is also provided by the creation of their backups. The Bank of Russia, if the credit institution has grounds to withdraw the license provided for by this Federal Law, sends a request to the credit institution for the creation and transfer of reserve funds to the Bank of Russia. copies of the databases mandated by this article. If the credit institution does not take measures to ensure the storage of information contained in the databases maintained by this Article, including through the creation of their backup copies, the credit manager The organization is responsible under federal law. ". Article 2 Article 46 of the first part of the Tax Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1998, N31, sect. 3824; 1999, N 28, sect. 3487; 2003, N 22, Text 2066; 2005, N 45, sect. 4585; 2006, N 31, 100 3436; 2010, N 31, st. 4198; N 49, sect. 6420; 2011, N 27, sect. 3873; N 47, st. 6611; N 49, sect. 7014) supplement paragraph 8-1 as follows: " 8-1. From the day of revocation, the credit institution's license to collect a tax from the accounts in such a credit institution is subject to the provisions of the Federal Law "On Banks and Banking Activities" and the Federal Law "On insolvency (bankruptcy) of credit organizations". ". Article 3 (Spaced by Federal Law dated 22 December 2014. N 432-FZ) Article 4 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4190; 2004, N 35, sect. 3607; 2006, N 52, sect. 5497; 2009, N 1, st. 4, 14; N 18, sect. 2153; N 29, st. 3632; N 51, est. 6160; 2010, N 17, sect. 1988; 2011, N 1, sect. 41; N 7, est. 905; N 19, sect. 2708; N 49, sect. 7015), the following changes: 1) paragraph 1 of Article 5, paragraph 1, after the word "bankrupt" is supplemented by the words "unless otherwise specified by this Federal Law"; 2) paragraph 7 of Article 20-7, amend to read: " 7. Payment of the services of the persons whose decision is taken by the meeting of creditors is carried out at the expense of the creditors who voted for the decision in proportion to the size of their claims included in the register of creditor claims on the date The holding of a meeting of creditors, except in cases where one creditor or several creditors have assumed responsibility for the services of such persons. The payment of the services of the persons whose prosecution has been secured by the creditor whose claims are secured against the debtor's property shall be made at the expense of the creditor concerned in connection with the disposal of the property. "; (3) In article 61-2, paragraph 2: (a) the second paragraph should read: " The purpose of the injury to the property rights of creditors is to be presumed if, at the time of the transaction, the debtor was in the possession of the debtor Insolvency or insufficiency of property and transaction performed without cost or in relation to the person concerned, or to the payment (allocation) of the share (s) in the debtor's property to the debtor's founder (s) in connection with the withdrawal of the debtor's founder (s), or if one of the following is made "; b) the fourth paragraph should read: " The debtor has changed its place of residence or location without notifying the creditors immediately before or after the transaction was committed or concealed their property, or destroyed or distorted the legal documents, Accounting and (or) other accounting records or records maintained under the laws of the Russian Federation or due to improper discharge by the debtor of the obligation to store and maintain accounting records The documents were destroyed or distorted; "; 4) in article 99 (2): (a) to add a new paragraph to the third reading: " within three working days from the date of the end of the physical inventory the debtor to be included in the Single Federal Register of Bankruptcy Information the results of such an inventory; "; b) the third to eleventh paragraphs are considered to be the fourth to twelfth paragraphs; 5) in article 110: (a) to supplement paragraph 5-1 as follows: " 5-1. Within thirty working days from the date on which the results of an inventory of the debtor's property were included in the Single Federal Register of Bankruptcy, the insolvency creditor or the authorized body, if the claim of the insolvency creditor or The size of the claim of the authorized body exceeds two per cent of the total requirements of the insolvency creditors and authorized bodies included in the creditors ' registry, is entitled to submit a request to the external manager to engage the assessor s An indication of the property in respect of which the assessment is required. Within two months from the date of receipt of such a claim, the external manager is required to ensure that the property is assessed by the external assets of the debtor. If the debtor's money is insufficient to carry out an assessment of the property upon request of the insolvency representative or the authorized body, the external manager shall notify the person who claimed the claim within two Working days from the date of its arrival. In this case, an assessment of the debtor's property shall be made if the insolvency representative or the authorized entity that has claimed the property valuation will transfer funds to the debtor's account in order to pay the assessor's services in the amount of their value. As a result of the sale of the debtor's property (s), the funds in question are to be returned to the insolvency representative or to the designated authority in the order of priority established by article 134, paragraph 2, of this Federal Act. The { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } property valuation report Reassessment of the property of the debtor in respect of which a claim for evaluation under this paragraph has previously been made shall be evaluated in the event of acceptance by a competitive creditor or an authorized expenditure authority. (b) Paragraph 6 should read: " 6. The initial sales price of the enterprise is determined by the decision of the meeting of creditors or the creditor committee, taking into account the market value of the debtor's property, as determined in accordance with the report of the appraiser, in the event that such an assessment has been made on demand of the insolvency representative or the authorized body under this Federal Law. "; in paragraph 7-1, add the following paragraphs: " The proposal to sell the business of the debtor is presented for approval of a meeting of creditors or a creditor committee after the inclusion of the report An assessment of the debtor's property in the Single Federal Register of Bankruptcy Details in the event that such an assessment has been made at the request of the insolvency representative or the authorized body under this Federal Act. If, within the time limits set by the external management plan, or within two months from the date of submission to the external management meeting of creditors or to the creditor committee of the debtor's business (if The creditors ' meeting of creditors or the committee of creditors was not approved, the details of the enterprise, the terms of its sale, the form of the tender, the terms of the tender (in the case of the sale of the enterprise according to the terms of the contract) were not approved by the creditors committee. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Form of submission of bids for the price of the enterprise, on the initial price of its sale, on the media and websites on the Internet, where it is proposed to publish and post a communication about the sale of the enterprise, about the deadlines The publication and posting of the said communication, the insolvency representative may apply to the arbitral tribunal for approval of the order, date and conditions of sale of the debtor's business. The determination of the arbitral tribunal on the approval of procedures, terms and conditions for the sale of the debtor's enterprise may be appealed. Review of the assessment report prepared in the case provided for in paragraph 5-1 of this article is not a reason for the suspension of the bidding. "; 6) in article 111: (a) paragraph 1 should be stated as follows: editions: " 1. In the cases provided for by the external management plan, after an inventory, as well as an assessment of the debtor's property, if such an assessment has been carried out at the request of the insolvency representative or the authorized body under this Federal Act, By law, an external manager is entitled to sell part of the debtor's property. "; b) the first paragraph of paragraph 4 shall be declared void; 7) paragraph 3-2 of Article 115, as follows: " 3-2. The size of the authorized capital of established public joint-stock companies is determined by the decision of a meeting of creditors or a committee of creditors and is set at a level equal to that determined in the report on the valuation of the market value of the property The charter capital of open joint-stock companies. Property assessment to be made in payment of authorized capital of open joint-stock companies shall be carried out in accordance with the procedure established by Article 130 of this Federal Law. "; 8) Paragraph 1 of Article 126, paragraph 1. spell out the following: " the performance of the debtor's obligations, including on the execution of judicial acts, acts of other bodies, officials rendered in accordance with civil law, criminal law THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION "include in the Single Federal Register of Bankruptcy Details of the Debtor's Property Survey within three working days of its completion;"; b) the third paragraph is considered to be the fourth paragraph and the words ", except in the case of "; , in) paragraphs The fourth is the twelfth to be considered as paragraphs in the fifth to thirteenth paragraphs; 10) in article 130: (a) in paragraph 1: the first paragraph should read: " 1. The arbitration manager shall involve the assessor to determine the value of the property of the debtor and pay its services at the expense of the debtor's property in the cases provided for by this Federal Law. "; content: "Debtor's property assessment report is to be included by arbitration managers in the Single Federal Bankruptcy Information Register within two business days from the date of receipt of the copy of the report in electronic form."; (b) Paragraph 2 should read: " 2. If, in accordance with the present Federal Law, the involvement of the assessor in the determination of the value of the debtor's property is mandatory, the valuation of the property of the debtor-the unitary enterprise or the property of the debtor-is mandatory of society (hereafter referred to as an evaluation report), more than twenty-five per cent of whose voting is in State or municipal ownership, is forwarded to the external manager by the insolvency representative of the federal executive body OF THE PRESIDENT OF THE RUSSIAN FEDERATION The opinion of the evaluators 'reports (hereinafter referred to as the authority for the preparation of appraisers' reports). "; 11), in the first paragraph of article 132, paragraph 4, second and third sentences, delete; 12) Article 134 should be added to the paragraph 2-1, to read: " 2-1. Claims by the head of the debtor, his deputies, persons in the debtor's collegial executive body, the debtor's chief accountant, his deputies, the head of the debtor's branch or office, his deputies, the chief accountant A subsidiary or sub-office of the debtor, its deputies for the payment of termination indemnity and (or) other compensation, the amount of which is established by the relevant employment contract, if it is terminated in excess of the minimum size of the relevant contract payment established by labour legislation does not apply to the number of claims of creditors on current payments and are satisfied after satisfying the creditors ' claims of the third line, as set out in paragraph 4 of this article. "; 13), to supplement article 136 with paragraphs 3 and 4 Content: " 3. Claims by the head of the debtor, his deputies, persons in the debtor's collegial executive body, the debtor's chief accountant, his deputies, the head of the debtor's branch or office, his deputies, the chief accountant A subsidiary or sub-office of the debtor, its deputies for the payment of termination indemnity and (or) other compensation, the amount of which is established by the relevant employment contract, if it is terminated in excess of the minimum size of the relevant contract payment established by labour legislation does not apply to The number of claims of second-stage creditors is satisfied after the creditors have satisfied the creditors of the third queue. 4. The arbitral tribunal, upon application of the insolvency representative, shall have the right to reduce the amount of the claims for remuneration of the head of the debtor, his deputies, persons who are members of the collegial executive body of the debtor, who are working or working under an employment contract, Principal accountant of the debtor, his deputies, the head of the branch, the representation of the debtor, his deputies, the head accountant of the branch, the representation of the debtor and his deputies, who are to be satisfied with the composition of the creditors ' claims on current payments and (or) as part of creditors ' claims In cases where, within six months prior to the adoption of the declaration by the arbitral tribunal for the bankruptcy of the debtor, the amount of remuneration of such persons has been increased in comparison with the amount of remuneration established prior to the commencement of the period. This statement is to be considered in the debtor's bankruptcy case. In the event of a decision by the arbitral tribunal referred to in the first paragraph of this paragraph, the claims of the persons concerned relating to compensation for the difference between the increased wage and the initial pay, are satisfied after the creditors of the third queue are satisfied. "; 14) in article 139: (a) paragraph 1 should be redrafted to read: " 1. Within ten working days of the date of incorporation into the Single Federal Register of the bankruptcy of the property records of the debtor, the insolvency creditor or the authorized body, if the claim of the insolvency creditor or The size of the claim of the authorized body exceeds two per cent of the total amount of claims of the insolvency creditors and authorized bodies included in the creditor's register of claims is entitled to submit to the insolvency representative the request for the involvement of the appraiser with the approval of the insolvency representative. the composition of the property of the debtor in respect of which Evaluation. Within two months from the date of receipt of such a claim, the insolvency representative is required to ensure that the property is assessed by the estate at the expense of the debtor's property. The debtor's property valuation report is to be included in the Single Federal Register of Bankruptcy Information within two business days from the date of receipt of the copy of the report in electronic form. Reassessment of the property of a debtor against whom an assessment under this paragraph has previously been made is conducted in the event that the insolvency representative or the authorized authorities accept "; b) to supplement paragraph 1-1 as follows: " 1-1. Within one month from the date of the end of the inventory of the debtor's business or assessment of the debtor's property (hereinafter referred to as the debtor's property), in the event that such an assessment was made at the request of the insolvency representative or the Commissioner In accordance with this Federal Law, the insolvency representative is required to submit to the meeting of creditors or to the creditor committee for approval a proposal to sell the property of the debtor, including details of the composition of the property, the terms of the sale, the form of auction (auction or tender), the terms of the competition (in If the sale of the property in accordance with the laws of the Russian Federation is carried out by means of a competition), the format of the proposals for the price of the property, the initial price of its sale, the mass media and the mass media, Information and web sites on the Internet, where it is proposed to publish and post a report on the sale of the property, the date of publication and the posting of the message. If within two months from the date of submission to the insolvency representative assembly or creditor committee of a proposal for the sale of the debtor's property to the meeting of creditors or the creditor committee is not approved The proposal, which includes information on the composition of the property, the date of its sale, the form of tenders, the terms of the tender (in the event that the sale of the property in accordance with the law of the Russian Federation is carried out by means of the tender), on the form of the proposal for the price of the property, on the initial price sale, media and Internet sites, where it is proposed to publish and post a report on the sale of such property, the date of publication and posting of the said communication, the insolvency representative Right to appeal to the arbitral tribunal to approve the order, terms and conditions of sale of the property. The determination of the arbitral tribunal to approve the order, timing and conditions of sale of the debtor's property may be appealed. "; 15) paragraph 2 of article 143, paragraph 2, should be supplemented by the words" in the event that the assessor is involved in the assessment of such a case. Property ". Article 5 Article 7 of the Federal Law of July 29, 2004 N 96-FZ " On payments of the Bank of Russia on deposits of physical persons. Persons in banks not participating in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation " (Russian Federation Law Assembly, 2004, No. 31, Art. 3232) The following changes: 1) Part 1, after the words "publish in the Bank of Russia's Bulletin, add to the United Federal Register of Bankruptcy Details"; 2) to supplement 1-1 with the following wording: " 1-1. The inclusion by the Bank of Russia of the information referred to in part 1 of this article in the Single Federal Register of Bankruptcy is not charged. ". Article 6 href=" ?docbody= &prevDoc= 102158456&backlink=1 & &nd=102117007 "target="contents"> dated October 2, 2007 N 229-FZ " On Executive Production " (Russian legislature 2007, 2007, N 41, p. 4849; 2011, N 27, sect. 3873; N 49, sect. 7067) The following changes: 1) Part 4 of Article 8 shall be declared void; 2) Article 70 to be supplemented with Part 11-1 as follows: " 11-1. From the day of revocation by the bank or other credit institution of banking transactions, executive documents on the circulation of recovery on the money of the debtor in such a bank or such credit institution, To be executed in accordance with the provisions of the Federal Law "On Banks and Banking Activities" and the Federal Law of 25 February 1999 N 40-FZ "On insolvency (bankruptcy) of credit organizations". 7., to read: " 7. From the day the bank or other credit institution has revoked the banking licenses of the executive documents on the seizure of funds of the debtor in its accounts in such a bank or such credit institution, Under the provisions of the Federal Law "On Banks and Banking Activities" and the Federal Law of 25 February 1999 N 40-FZ "On insolvency (bankruptcy) of credit organizations." Article 7 To suspend from official publication of this Federal Law until July 1, 2013 Articles 16-2, 21-1, 21-2, Parts 4 and 7 of Article 24-2, Parts 4 to 6 of Article 24-6 of the Federal Law of 29 July In 1998, N 135-FZ "On assessment activities in the Russian Federation" for persons included in the expert councils of self-regulating organizations of appraisers in the decisions of the management bodies of self-regulating appraisers before 1 January 2011. Article 8 Recognize invalid power: 1) Article 1, paragraph 25 (in addition to article 50-17, paragraph 3, art. 50, para. 3, art. 50-21, and art. 50-32) of the Federal Law dated August 20, 2004 N 121-FZ " On making changes to the Federal Law "On insolvency (bankruptcy) of credit organizations" Legislative acts (legislative provisions) of the Russian Federation " (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3536); 2) Paragraph 1 of Article 3 of the Federal Law of 29 December 2004 N 192-FZ " On introducing changes to OF THE PRESIDENT OF THE RUSSIAN FEDERATION 18); 3) Paragraph 14 of Article 1 of the Federal Law of 30 December 2008 N 296-FZ "On Amending the Federal Act" The insolvency (bankruptcy) law of the Russian Federation (Parliament) of the Russian Federation, 2009, No. 4). Article 9 1. This Federal Law shall enter into force ninety days after the date of its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Article 1, paragraph 4, of this Federal Law shall enter into force at the expiration of one hundred and ten days after the date of the official publication of this Federal Law. 3. Article 3, paragraph 1, of this Federal Law shall enter into force one year after the date of official publication of this Federal Law. 4. Article 7 of this Federal Law shall enter into force on the date of the official publication of this Federal Law. 5. Provisions of paragraphs 10-10-6 of Article 50-40 of the Federal Law of 25 February 1999 N 40-FZ "On insolvency (bankruptcy) of credit organizations" (in The wording of this Federal Law is applied in the case of bankruptcy proceedings initiated before the day of the entry into force of this Federal Act. 6. The provisions of articles 5, 20-7, 61-2, 134 and 136 of the Federal Law of 26 October 2002 N 127-FZ "On insolvency (bankruptcy)" Federal Act) is applied in cases of bankruptcy proceedings initiated after the day of the entry into force of this Federal Act. 7. Provisions of articles 99, 110, 111, 115, 126, 129, 130, 132, 139 and 143 of the Federal Law of 26 October 2002 N. 127-FZ " On insolvency (bankruptcy) " (in the wording of this Federal Law) applies to legal relations that have arisen from the date of completion of the relevant procedure applied in the bankruptcy case, regardless of the date of the proceedings in question. President of the Russian Federation Vladimir Putin Moscow, Kremlin 28 July 2012 N 144-FZ