On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW on amendments to certain legislative acts of the Russian Federation State Duma Adopted July 13, 2012 year approved by the Federation Council July 18, 2012 year (as amended by the Federal law of 22.12.2014 N 432-FZ) Article 1 amend the Federal law on banks and banking activities "(as amended by federal law from February 3, 1996 N 17-ФЗ) (statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR , 1990, no. 27, art. 357; Collection of laws of the Russian Federation, 1996, no. 6, art. 492; 1998, N 31, art. 3829; 2001, N 26, art. 2586; N 33, art. 3424; 2002, N 12, art. 1093; 2003, no. 50, art. 4855; 2005, N 1, art. 18; 2006, no. 19, art. 2061; 2007, N 22, art. 2563; 2009, N 1, art. 23; N 9, art. 1043; 2010, N 31, art. 4193; 2011 N 29, art. 4291; N 49, St. 7069) as follows: 1) in article 20: (a) the ninth supplement) of paragraph 6 to read as follows: "6) a credit institution returns customers credit their securities and other property taken and (or) acquired by the credit institution for their account on storage contracts, contracts of asset management, depository contracts and treaties on brokerage services.";
b) item 1 part of the tenth, after the words "their dismissal" add the words "taking into account the peculiarities stipulated by the Federal law" on Insolvency (bankruptcy) ";
in paragraph 5 of the twelfth) shall be invalidated;
2) part of the twelfth article 23 shall be amended as follows: "founders (participants) of the credit organization, which adopted the decision on its liquidation, appoint a liquidation Commission (liquidator), claimed the intermediate liquidation balance sheet and the liquidation balance sheet credit organization in consultation with the Bank of Russia. The liquidation Commission is obliged to pass the mandatory storage of the credit institution documents deposited in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, in accordance with the list approved by the Government of the Russian Federation by the authorized federal body of executive power and the Bank of Russia ";
3) in the first part of article 23-1 the words "15 days" were replaced by the words "15 working days";
4) supplemented by article 40-1 as follows: "article 40-1. Storing information about the activities of a credit institution in order to store information on assets, liabilities of the credit institution and their movement credit organization must reflect all transactions and other transactions in the databases electronically, allowing for storage of the information contained in them is not less than five years from the date of inclusion in the database, and provide the ability to access such information on each banking day. How to create, maintain and store databases containing such information as is set by the Bank of Russia.
To secure the information contained in the databases, which provided for in this article, is also carried out through the establishment of their backups.
The Bank of Russia in the case of a credit institution grounds for revocation of the license provided for in this federal law, directs the requirement for a credit organization and deposited to the Bank of Russia database backups, which provided for in this article.
In case of no acceptance of credit institution of measures to ensure the storage of the information contained in the databases, which provided for in this article, including by creating backups, head of the credit institution shall be liable in accordance with the Federal law.
Article 2 Article 46 of the first part of the tax code of the Russian Federation (collection of laws of the Russian Federation, 1998, no. 31, p. 3824; 1999, no. 28, p. 3487; 2003, N 22, art. 2066; 2005, N 45, art. 4585; 2006, N 31, art. 3436; 2010, N 31, art. 4198; N 49, St. 6420; 2011, N 27, art. 3873; N 47, St. 6611; N 49, St. 7014) shall be amended with paragraph 8-1 as follows: "8-1. From the date of revocation of the credit organization license for carrying out banking operations recovery tax at the expense of money resources on accounts of such credit institution takes into account the provisions of the Federal law "on banks and banking activities" and the Federal law on Insolvency (bankruptcy) of credit institutions ".
Article 3 (repealed Federal Act from 22.12.2014 N 432-FZ) Article 4 to amend the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (collection of laws of the Russian Federation, 2002, no. 43, p. 4190; 2004, no. 35, text 3607; 2006, no. 52, art. 5497; 2009, N 1, art. 4, 14; N 18, art. 2153; N 29, art. 3632; N 51, art. 6160; 2010, N 17, art. 1988; 2011, N 1, art. 41; N 7, art. 905; N 19, art. 2708; N 49, St. 7015) as follows: 1) the first paragraph of article 5, paragraph 1, after the word "bankrupt", add the words "unless otherwise provided for in this federal law;
2) para 7 of article 20-7 shall be amended as follows: "7. Payment for the services of persons to whom the decision taken Assembly of creditors at the expense of creditors who voted for this decision, in proportion to their claims, included in the register of creditors ' claims on the date of the meeting of creditors, except if one lender or more creditors accepted responsibility for paying for the services of these persons.

Payment for services of persons, the decision which was taken by the creditor, claims which are secured by a pledge of property of the debtor in connection with realization of the pledged property is financed from the respective lender. ";
3) in paragraph 2 of article 61-2: a) the second paragraph shall be reworded as follows: "the aim of harming property rights of creditors is assumed, if at the time of the transaction the debtor responsible basis of insolvency or failure of the property and the deal was done free of charge or against the person concerned, either directed at payment (separation) of a share (or unit) in the property of the debtor (party) founder of the debtor in connection with the release of the whole of the founders (participants) of the debtor or made if one of the following conditions: ";
b) fourth paragraph should read: "the debtor has changed their place of residence or location without notifying creditors immediately before or after the transaction has been committed, or hid their belongings, either destroyed or misrepresented the title documents, accounting documents and (or) other reports or records, the maintenance of which is stipulated by the legislation of the Russian Federation, either as a result of improper performance by the debtor of responsibilities for storage and maintenance of accounting records were destroyed or skewed the instruments";
4) paragraph 2 of article 99: and) to complement the new third subparagraph to read as follows: "within three working days from the date of the end of the inventory of the debtor's property to include in the Federal Register of information about bankruptcy information about the results of this inventory";
b) paragraphs third to eleventh paragraphs, respectively, considered the fourth-the twelfth;
5) in article 110: (a)) shall be amended with paragraph 5-1 to read as follows: "5-1. Within thirty working days from the date of the inclusion of information about the results of the inventory of the property of the debtor in the Federal Register of information about competitive bankruptcy creditor or authorized body if the size requirements of the bankruptcy creditor or the size requirements of the authorized body exceed two per cent of the total requirements of the bankruptcy creditors and authorized bodies, included in the register of creditors ' claims, has the right to send an external Manager requirement of engaging an appraiser indicating property in respect of which the required score.
Within two months from the date of receipt of such a request the insolvency administrator must provide an assessment of the specified property at the expense of the debtor's property.
If insufficient funds of the debtor for property evaluation on demand of the bankruptcy creditor or insolvency administrator authorized body shall notify the person making the claim, within two working days from the date of its receipt. In this case, the assessment of the debtor's property shall be left out if a competitive lender or authorized body, declared the requirement for valuation, will transfer to the account of the debtor monies to pay for the services of an appraiser in the amount of their value. According to the results of the sale of the business (assets) of the debtor specified cash refundable competitive creditor or authorized body in accordance with the order established by paragraph 2 of article 134 of this federal law.
Report on the evaluation of the property of the debtor should be included outside the Federal Register information about bankruptcy within two working days from the date of receipt of a copy of this report in electronic form.
Re-evaluation of property of the debtor, in respect of which it was previously stated requirement for an evaluation in accordance with this paragraph, shall be carried out in case of assuming the bankruptcy creditor or authorized body of the cost of such evaluation. ';
b) paragraph 6 shall be amended as follows: "6. The initial sale price of the Enterprise shall be determined by decision of the meeting of creditors, or the creditors ' Committee, taking into account the market value of the property of the debtor, determined in accordance with the report, if this was carried out on the request of the bankruptcy creditor or authorized body in accordance with this federal law.";
in para 7)-1 supplement paragraphs read as follows: "the offer for sale of the debtor's business is submitted for approval to the Assembly of creditors or the creditors ' Committee after inclusion of the debtor's property assessment report in the Federal Register of information about bankruptcy in if this was carried out on the request of the bankruptcy creditor or authorized body in accordance with this federal law.

If within the time prescribed by the out of band management plan, or within two months from the date of submission of external managers meeting of creditors or the creditors Committee proposals for the sale of the debtor's business (if the out of band management plan the timing not installed) Assembly of creditors, or the creditors ' Committee not approved by information about the company, about the timing of his sales of the form of bidding, on the conditions of the contest (if sale of enterprises in accordance with the legislation of the Russian Federation is carried out by competition) , on the presentation of the proposals on the price of the enterprise, the starting price of its sale, about the media and sites on the Internet where it is proposed accordingly to publish and post about the sale of the business, about the timing of the issuance and placement of the communication, the liquidator may apply to the Arbitration Court approving the procedure, terms and conditions of sale of the debtor's business.
Definition of Arbitration Court approving the procedure, terms and conditions of sale of the debtor's business may be appealed.
Appeal of the evaluation report, prepared in the case provided for in paragraph 5-1 of the present article is not grounds for suspension of the bidding process. ";
6) Article 111: (a)) paragraph 1 shall be amended as follows: "1. In the cases provided by the out of band management plan, after inventory, as well as the evaluation of the property of the debtor, where such an assessment is carried out on the request of the bankruptcy creditor or authorized body in accordance with this federal law, the insolvency administrator has the right to proceed with the sale of part of the assets of the debtor.";
b) the first paragraph of paragraph 4 shall be invalidated;
7) paragraph 2 of article 115-3 shall be amended as follows: "3-2. The amount of statutory capital created open joint stock companies shall be determined by decision of the meeting of creditors, or the creditors ' Committee and is set in an amount equal to the defined in the report on the assessment of the market value of the property made by the payment of statutory capital created open joint-stock companies.
Property valuation made in the payment of statutory capital created by public companies, is carried out in accordance with article 130 hereof. ";
8) paragraph of article 126, paragraph 1, the tenth shall be reworded as follows: "the performance of the obligations of the debtor, including the enforcement of judicial acts, acts of other bodies and officials, issued in accordance with the civil legislation of the Russian Federation, the criminal law, procedural law and the legislation of the Russian Federation on taxes and fees, the insolvency administrator are carried out in accordance with the procedure and in cases established by this chapter.";
9) in paragraph 2 of article 129: a) to complement the new third subparagraph to read: "to include in the Federal Register of information about bankruptcy information about the results of the inventory of the property of the debtor within three working days from the date of its completion;";
b) paragraph three considered the fourth paragraph and the words ", except" were replaced by the words "in cases";
fourth paragraphs)-twelfth count respectively paragraphs fifth-the thirteenth;
10) in article 130: a) in paragraph 1: the first paragraph shall be reworded as follows: "1. the trustee engages the appraiser to determine the value of property of the debtor and pays for his services at the expense of property of the debtor in cases stipulated by this federal law.";
supplemented by a paragraph reading: "evaluation report of the debtor's assets by the insolvency administrator should be included in the Federal Register of information about bankruptcy within two working days from the date of receipt of a copy of this report in electronic form.";
b) paragraph 2 shall be amended as follows: "2. If in accordance with this federal law engaging an appraiser to determine the value of the property of the debtor is required, the report on the evaluation of the debtor's property appraiser-unitary enterprises or assets of the debtor-joint-stock company (hereinafter also referred to as-evaluation report) more than twenty-five per cent of the voting stock of which is in State or municipal ownership shall be communicated to external managers, the insolvency administrator with the Federal Executive Body authorized by the Government of the Russian Federation on the preparation of opinions on reports of appraisers (hereinafter referred to as the authority entrusted with the preparation of opinions on reports of appraisers). ";
11) in the first subparagraph of paragraph 4 of article 132 of the second and third sentences deleted;
134) article 12 shall be amended with paragraph 2-1 as follows:

"2-1. Requirements of the Manager of the debtor, his deputies, the collegial executive body of the debtor, the debtor's chief accountant, Deputy Head of the branch or representative office of the debtor, his deputies, Chief Accountant of a branch or representative office of the debtor, his deputies on payment of severance pay and (or) other compensation the amount of which is determined by the relevant employment contract, in the event of termination the portion exceeding the minimum size of the payments established by labour legislation do not apply to the number of creditors ' claims on current payments and shall be satisfied after satisfaction of the claims of creditors of the third stage, under the fourth subparagraph of paragraph 4 of this article. ";
13) article 136 supplement paragraphs 3 and 4 as follows: "3. the requirements of the head of the debtor, his deputies, the collegial executive body of the debtor, the debtor's chief accountant, Deputy Head of the branch or representative office of the debtor, his deputies, Chief Accountant of a branch or representative office of the debtor, his deputies on payment of severance pay and (or) other compensation the amount of which is determined by the relevant employment contract, in the event its termination in part exceeding the minimum size of the payments established by labour legislation, are not creditors of the second stage and shall be satisfied after satisfaction of the claims of creditors of the third stage.
4. the Arbitration Court upon the application of the bankruptcy trustee has the right to reduce the size of claims for wages or workers employed under an employment contract of the head of the debtor, his deputies, the collegial executive body of the debtor, the debtor's chief accountant, Deputy Head of the branch, representation of the debtor, his deputies, Chief Accountant of the branch, representation of the debtor, his deputies, subject to the satisfaction of the claims of creditors in composition on current payments and (or) consisting of creditor claims second stage If within six months prior to acceptance by Arbitration Court of an application for recognition of the debtor bankrupt wage such persons was increased compared with wage, established prior to the specified date. This statement is subject to review in the case of bankruptcy of the debtor.
In the case of the arbitral tribunal, the first subparagraph of this paragraph, the requirements of the relevant persons, concerning the reimbursement of the difference between the increased wage and initial size of remuneration, shall be satisfied after satisfaction of the claims of creditors of release 3. ";
14) article 139: a) paragraph 1 shall be amended as follows: ' 1. within 10 working days from the date of inclusion in the Federal Register of information about bankruptcy information about the results of the inventory of the debtor's property a competitive lender or an authorized entity, if the requirements of the bankruptcy the creditor or the size requirements of the authorized body exceed two per cent of the total requirements of the bankruptcy creditors and authorized bodies, included in the register of creditors ' claims the right to send to the contest Manager of the requirement of engaging an Appraiser, indicating the composition of the assets of the debtor, in respect of which the assessment is required.
Within two months from the date of receipt of such a request must provide the trustee assess said property at the expense of the debtor's property.
Report on the evaluation of the property of the debtor is subject to the inclusion of the insolvency administrator in the Federal Register of information about bankruptcy within two working days from the date of receipt of a copy of this report in electronic form.
Re-evaluation of property of the debtor in respect of whom it was said previously the requirement to carry out an assessment in accordance with this paragraph, shall be carried out if the competitive creditors or authorized agencies will assume the costs of its implementation. ";
b) shall be amended with paragraph 1-1 as follows: "1-1. Within one month from the date of the end of the inventory of the debtor or the debtor's property assessment (hereinafter in this article-the debtor's property) If this was carried out on the request of the bankruptcy creditor or authorized body in accordance with this federal law, the trustee is required to submit a meeting of creditors or the creditors Committee for the approval of the offer for sale of the debtor's property, which includes information about this property of the date of its sale, on the form of bidding (auction or tender), on the conditions of the contest (if the sale of that property in accordance with the legislation of the Russian Federation is carried out by competition) on the form for the submission of proposals on the price of the property, the starting price of its sale, about the media and sites on the Internet where it is proposed accordingly to publish and post about the sale of the property of the date of publication and posting of the specified message.

If within two months of the date of the insolvency administrator or creditors meeting in the Committee of creditors of the debtor's property for sale meeting of creditors or the creditors ' Committee had not approved such a proposal, which includes information on the composition of the property, on the date of its sale, on the form of bidding, on the conditions of the contest (if the sale of that property in accordance with the legislation of the Russian Federation is carried out by competition) , on the presentation of proposals for the price of the property, the starting price of its sale, about the media and sites on the Internet where it is proposed accordingly to publish and post about the sale of the property on the date of publication and posting this message, the liquidator may apply to the Arbitration Court approving the procedure, terms and conditions of sale of the property.
Definition of Arbitration Court approving the procedure, terms and conditions of sale of the debtor's property may be appealed. ";
15) second paragraph of paragraph 2 of article 143 shall be supplemented with the words "in case of engaging an appraiser for valuation of such property".
Article 5 article 7 of the Federal law dated July 29, 2004 N 96-FZ "on payments of the Bank of Russia on individuals ' deposits in bankrupt banks not participating in the system of compulsory insurance of natural persons deposits in banks of the Russian Federation (collection of laws of the Russian Federation, 2004, no. 31, p. 3232) as follows: 1) part 1, after the words" publishes "Bulletin of the Bank of Russia", add the words "and includes a Federal Register of information about bankruptcy";
2) Supplement part 1-1, to read: "1-1. The inclusion of the Bank of Russia set out in part 1 of this article, the information in the Federal Register of information about bankruptcy is free of charge.
Article 6 to amend the Federal law of October 2, 2007 year N 229-FZ "on enforcement proceedings" (collection of laws of the Russian Federation, 2007, no. 41, item 4849; 2011, N 27, art. 3873; N 49, St. 7067) as follows: 1) part 4 of article 8 to recognize lapsed;
2) article 70 supplement part of the 11-1 to read as follows: "11-1. From the date of revocation of the Bank or other crediting organization license for carrying out banking operations Executive for foreclosure documents on the debtor's funds within its accounts in such bank or credit organization shall be binding subject to the provisions of the Federal law "on banks and banking activities" and the Federal law dated February 25, 1999 N 40-FZ "on Insolvency (bankruptcy) of credit institutions". ";
3) Article 81 supplement part 7 to read as follows: "7. From the date of revocation of the Bank or other crediting organization license for carrying out banking operations Executive documents the seizure of funds of the debtor within its accounts in such bank or credit organization shall be binding subject to the provisions of the Federal law" on banks and banking activities "and the Federal law dated February 25, 1999 N 40-FZ" on Insolvency (bankruptcy) of credit institutions ".
Article 7 Pause from the day of official publication of this federal law prior to July 1, 2013 year subject to the provisions of articles 16-2, 21-1, 21-2, parts of the fourth and seventh article 24-2, parts of the fourth-sixth article 24-6 of the Federal law dated July 29, 1998 N 135-FZ "on valuation activity in the Russian Federation" for persons included in the composition of the boards of SROs appraisers decisions of the managing bodies of self-regulating organizations of valuers prior to January 1, 2011 year.
Article 8 shall be declared null and void: 1) article 1, paragraph 25 (Supplement 3-50, paragraph of article 17, paragraph 3, subparagraph 2 Article 50-21 and article 50-32) August 20, 2004 federal law N 121-FZ "on amendments to the Federal law on Insolvency (bankruptcy) of credit institutions" and repealing certain acts (provisions of legislative acts) of the Russian Federation "(collection of laws of the Russian Federation , 2004, no. 34, art. 3536);
2) twelfth paragraph subparagraph d of paragraph 1 of article 3 of the Federal law of December 29, 2004 N 192-FZ "on amending certain legislative acts of the Russian Federation in connection with adoption of the Federal law" on mortgage backed securities "(collection of laws of the Russian Federation, 2005, N 1, art. 18);
3) paragraph of article 100, paragraph 1, the fourteenth of the Federal law of December 30, 2008 year N 296-FZ "on amendments to the Federal law on Insolvency (bankruptcy)" (collection of laws of the Russian Federation, 2009, N 1, art. 4.) Article 9 1. This federal law shall enter into force on the expiry of ninety days after the day of its official publication, except for provisions for which this article establishes the dates of their entry into force.
2. paragraph 4 of article 1 of this federal law shall enter into force on the expiration of one hundred and eighty days after the date of publication hereof.
3. paragraph 1 of article 3 of this federal law shall enter into force on the expiry of one year after the date of publication hereof.

4. Article 7 of this federal law shall enter into force from the day of official publication of this federal law.
5. the provisions of paragraphs 10-10-6 Article 50-40 February 25, 1999 Federal law N 40-FZ "on Insolvency (bankruptcy) of credit institutions" (as amended by this federal law) are applied in cases of bankruptcy, which was initiated prior to the date of entry into force of this federal law.
6. the provisions of articles 5, 20-7, 61-2, 134 and 136 of the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law) are applied in cases of bankruptcy, which was instituted after the date of entry into force of this federal law.
7. the provisions of articles 99, 110, 111, 115, 126, 129, 130, 132, 143 and 139 of the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law) shall apply to the legal relations arising from the date of completion of the procedure applied in the bankruptcy case, regardless of the date of adoption of the case.
The President of the Russian Federation v. Putin Kremlin, Moscow July 28, 2012 year N 144-FZ

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