Key Benefits:
RUSSIAN FEDERATION
FEDERAL LAW
About making changes to individual pieces of legislation
Russian Federation
Adopted by the State Duma 13 December 2013
Approved Federation Council December 18, 2013
(reed. Federal Act of June 29, 2015 N 210-FZ
The legislation of the Russian Federation, 2015, N 27, st.
4001; Federal Law of December 29, 2015 N 391-FZ-Assembly
Laws of the Russian Federation, 2016, No. 1, art. 11)
Article 1
Commit Federal On Banks
( Federal Law of 3
1996 N 17-FZ) (MPs and
Supreme Council RSFSR, 1990, N 27, st. 357; Collection
Russian legislation, 1996, N 6, st. 492; 2001,
N 26, st. 2586; N 33, st. 3424; 2003, N 27, st. 2700; N 52,
5033; 2004, N 27, sect. 2711; N 31, st. 3233; 2005, N 1, st. 45;
2007, N 31, article 4011; N 41, est. 4845; 2009, N 23, st. 2776; N 30,
3739; 2010, N 31, st. 4193; N 47, sect. 6028; 2011, N 7, Art. 905;
N27, st. 3873; N 48, st. 6730; N 50, st. 7351; 2012, N 27,
3588; N 31, st. 4333; N 50, st. 6954; N 53, st. 7605; 2013
N 11, st. 1076; N 19, est. 2329; N 26, st. 3207; N 27, st. 3438;
N 30, article 4084) the following changes:
1) Article 8 should be supplemented with Part 8, as follows:
" Credit organization must disclose transaction information
assignments to or by the specialized
cash requirements, including certified mortgages. Contents
such information, order and
"Bank of Russia regulations." ;2) Article 26 to add next
content:
" Help for nominal, collateral accounts and
can be provided to third and in order,
which are provided for in the Civil Code of the Russian Federation. " ;
3) add a fifth of the following article 40-1:
" Credit organization is required to keep money requirements accounting,
for it on the base
contract acts on receipt and translation of received
money and (or) implement other rights
creditors on specified monetary claims (money maintenance
requirements).
The Bank of Russia regulations. "
Article 2
Commit in Russian Federation
notariat of 11 February 1993 N 4462-I (Congress
People's MPs Russian
Russian Federation, 1993, N 10, st. 357; Meeting
Russian legislation, 2003, N 50, article 4855; 2004
N27, st. 2711; N 35, st. 3607; N 45, st. 4377; 2005, N 27,
2717; 2006, N 27, sect. 2881; 2007, N 1, est. 21; N 27, st. 3213;
N 41, article 4845; N 43, sect. 5084; 2008, N 52, st. 6236; 2009, N 1,
14, 20; N 29, st. 3642; 2010, N 28, st. 3554; 2011, N 49,
7064; N 50, sect. 7347; 2012, N 27, st. 3587; N 41, st. 5531;
2013, N 14, st. 1651), the following changes:
1) in article 5:
(a) in part four in the first clause of
"Help"replace the word "Details", with replace with
" Documents and Notaries in By notarial
actions, second the revision:
Help and
notarial
treaties
tax authority in and in order,
Russian Federation's legislation on taxes and fees. " ;
b) add a fifth of the following content:
notarial consent permission
personal
notarial actions are not required. " ;
2 in Article 11:
(a) the title to be redrafted to read:
" Article 11. Personal seal, stamps and notary letterheads.
Notary e-signature ";
b) add a second part to read:
For notarial actions with
documents and passing information to Information
notary uses enhanced qualified
signature (remainder- qualified
signature) created in by the Federal
April 6, 2011 N 63-FZ "On electronic signature". " ;
3) add the following addition to Article 11-1:
" Article 11-1. State support for notaries
Notaries, private practice, , and notarial
rooms have the right to conclude leases and others
contracts, providing navigation ownership of and (or)
use in relation to premises, in in the state
or municipal property and for implementation
notarial activity ( for for the archive
notarized documents) or posting notarial
rooms, without contests or auctions for
these contracts.
By estrangation from state or municipal
property of room, rented by the nottary,
private practice, , or notarial for three years
used to implement notarial (in
number to store notarial archive
or posting of notary or notarial
has preference the acquisition of
property at a price equal to its market value and in
order established by Federal Law from 29 July 1998
N 135-FZ "On estimation activity in of the Russian Federation", without
of the auction or auction. " ;
4) in first article 15:
(a) The fourth paragraph should read:
" claim from and legal
documents (including personal data) required
to perform notarial actions; ";
b) Paragraph 5 should read:
" represent in federal
order of state registration of rights in immovable
property and transactions with it and other documents required in
State Registration
property and deals with and
state registration and other documents issued by
organ. " ;
5) add a sixth of the following content to article 22:
" Public-to-notarial Relationships
notarial services,
Antimonopoly
legislation. " ;
6) in Part 1 of Article 22-1:
(a) Paragraph 7 is void;
b) supplement paragraphs 12-1 to 12-5 as follows:
" 12-1) for registration
property-300 rubles; 12-2) from ben moveable property- 40 for each page
between the first and tenth pages, including 20 rubles per
page from page 11;
12-3 for the identity of the paper
bearer of electronic document- 50 per every page
paper on paper;
12-4 for the identity of the document
paper Media - 50 for every page
paper on paper;
12-5) public
registration of real property rights and transactions with it is 1 000
; ";
7) Amend article 26 to read:
" Article 26. Notary organs
The notary chambers are:
1) general meeting of the members of the notarial chamber;
2) President of the notarial chamber;
3) of the notarial chamber;
4) Auditing Commission of the notarial chamber;
5) Other bodies
notarial chamber. The Competence of of the notarial of the house is regulated civil legislation, The basics of and
notarial chamber. The president, the and } { \cs6\f1\cf6\lang1024 }
House is elected by the general meeting of the House's Notary .
Presidential and Board election notarial
by secret ballot.
favorite of the notarial chamber, given in
2-4 parts of the first of this article, can be any notary,
spans private practice and this
notarial chamber. The right of such notary to be elected to organs
Thenotarial chamber may not be restricted by its statute. One and
same person cannot occupy the post of president of a notary public
more than two consecutive terms.
A notary's status is terminated with a notary status
in the relevant notary chambers.
For the election of the president of the chamber
failed or in ahead of permissions
President of the notary notarial
chambers are assigned within three months from the date of recognition
elections failed or permissions
President of the notarial chamber.
If the President
notarized chambers with more than two presidential candidates
one person did not gain the majority of votes, same day
second vote in
received the highest number of votes.
When voting at the general meeting of of the House
members of the notarial chamber, are notaries
private practice, have a casting vote, Other members
Notary Chamber-the right of an advisory vote. SolutionsGeneral
members of the House are accepted
majority (50% plus one) of
its meeting with the casting vote.
Other notarial organs of the are accepted
majority (50% plus one) of
meeting of the appropriate organ of faces, unless otherwise provided
Statutes of the notarial chamber. " ;
8) Article 27 should read:
" Article 27. Membership dues and other payments of members
of the notarial chamber
Membership dues and other payments notarial
chamber required to perform its functions, is defined by shared
meeting less than
two years.
The membership fee is set according to approved
general meeting of the members of the notary's House of Income and Expenditure
notarial chamber for the next fiscal year.
Return of the Notary membership
other payments for members of the house are not
elimination of overpaid amounts. " ;
9) Part 30 to add paragraphs next
content:
" provides creation and unified
notaries information system;
places in information and telecom
free circle cases
Fundaments, Information, in
single information system of notaries;
provides to the notarial relationship
public and
using infrastructure to provide
IT Interop
systems, used for public
online services;
enables you to test the notaries
Requirements, By Federal 6 April
2011 N 63-FZ "About the electronic signature", qualified
s notarial notaries
electronic interaction. " ;
10) Article 31 should read:
Article 31. Federal notary public
The organs of the Federal Notary Chamber are:
1 Meeting of Representatives of the Notary Chambers;
2) President of the Federal Public Chamber;
3) of the Federal Public Chamber;
4) Audit Commission of the Federal Public Chamber;
5) Other bodies
Federal Notary House. The Competence of the Federal Federal of the House is governed by civil law, the basics
The and the statutes of the Federal Notary Chamber. For participation in in of the Chambers each notarial chamber sends its representative has a number of votes, the number of members
corresponding notary chamber.
President, , , }
notarial Elects
notNotaries. In the presidential election,
or audit commission of the Federal of the house must participate at least two thirds of the total of
notarized rooms. Presidential Elections Federal
Thenotary chamber shall be exercised by secret ballot.
Chosen to the Federal Notary Chamber may
any notary, the private practice and nominated
notarial chamber whose member is. Right
notary to be a notary public of the House
cannot be restricted by its statute. The same may
occupy the post of president of the Federal Public Chamber more
two consecutive terms.
A notary's status is terminated with a notary status
in the relevant bodies of the Federal Notary Chamber.
In case of the election of the President of the Federal Notary
chambers failed or for pre-term
President's Federal
President of the [ [ Federal Notary Chamber]] is appointed later
of the day's election data
failed or terminated President Federal
notarial chamber.
If the President
Federal Notary House, by number of candidates presidents
two more than two people did not gain a simple majority of votes,
later next day is the second round of voting, in which
is the two candidates who have obtained the highest number of votes.
Decisions of the meeting of notarial chambers are taken
simple majority (50 percent plus one vote),
that have representatives participating in the meeting.
Decisions of Other of the Federal of the House
accept simple majority of votes (50 percent plus one
voice) participating if
is not otherwise provided by the statute of the Federal Notary Chamber. " ;
11) Article 32 should read:
" Article 32. Membership dues and other payments of members
of the Federal Public Chamber
Members Contribution and Other Members Federal
notarial of the chamber needed for
is defined annually by a meeting of the representatives of the notarial Chambers.
The membership fee is set according to approved
Meeting revenues
expenses of Federal notarial on the
fiscal year, but cannot be less than 1% of gross
revenue from notarial notaries that are members
relevant notarial (minimum size
contributions).
If the decision to determine membership fees by a meeting
representatives of notarial Received, Membership Contributions
is considered to be the minimum size specified in paragraph
second part of this article.
Members ' membership fees of the Federal Public Chamber
may be set less than the minimum size
paragraph 2 of this article,
representatives of the notary of the passed unanimously.
voting should Less two thirds
representatives from the total number of representatives of the notarial Chambers.
Return of contributed by the
is allowed, except for overpaid amounts. " ; 12) section I should be supplemented with Chapter VII-1 as follows:
" Chapter VII-1. Unified Notaries Information System Article 34-1. Unified Notaries Information System The single information system recognizes automated information system belonging to on Property of the Federal Notary Chamber, intended for end-to-end automation of collection,
notarial activity and all kinds of information
interaction (exchange). The Single Information Operator
notaries is the Federal notarial room. In Unified
information system to be included in
number in the form of electronic documents, of notarial
actions, Other
details.
real Basics.
Unified Notary Information System Operator:
1 provides the 24/7uninterruptible
unified notarial system
compliance with the requirements of these dreams;
2) takes action on access to
real The bases
notariate in cases provided for by these Basics;
3) provides the backup backups of
real The information bases
notaries
4) provides to the Federal body
executive , control
oversight in on the scope of backups
real The information bases
notarial, of these registries
quarterly, and at the request of the specified body no later than
within seven working days of this request.
Transfer Notaries to a single notary system
details, Fundaments, is not
disclosure of the secrecy of notarial actions.
Notaries that have access to the Unified
information system of notaries, and people who
contributed in Information notarial system
must not expose third parties and to distribute information
contained in this information system, except
the real fundamentals. For Disclosure or Illegal
use of such information is the responsibility of
The legislation of the Russian Federation.
Protect information contained in a single information
notariat, is implemented in with by law
Russian Federation in
Russian Federation Information about
Information technology and information security.
Operating
provided by the real Basics of a Single Information
notarial system Set by by the body
executive authority exercising control and supervision
in the area of notaries.
Article 34-2. Content of a single information system
notaries
One information system includes yourself
online inventory:
1) notarial actions
2) hereditary cases;
3 property bail
immovable property (hereinafter-registry for movables
property).
In addition to the registries , the information system
included in other ( number
validly analytic nature) that refers to activities
notaries and by the body
executive authority exercising control and supervision
in the area of notaries, in conjunction with the Federal Chamber of Notaries.
Requirements for maintaining UM registries
notaries referred to in paragraphs 1 and 2 of Part One of this Article,
defined by by the federal executive
monitoring and supervision in the area of Notaries
with the Federal Notary Chamber.
Article 34-3. Make information into a single information system
notaries
Information
is implemented by notaries, and in the specified s
or according to them-notarial chambers.
Notaries must contribute a single information system
notariate information:
1) about performing notarial actions in
system information registry
notaries
2 reinherits declarations
reasons for inheritance;
3) property
Registry in the Register of Bail of Movables;
4 other information according to Part of the Article 34-2
true Ones, if to
chamber.
Notary actions when they are registered
in system
notariah is introduced by a notary in the information system
Thenotaries ' immediately.
Inheritance discovery is entered by a notary in the registry
hereditary notariat
later working day after receipts
statements.
Time and order of
movables are fixed by chapter XX-1
dreams.
The Registry Information
notariah,
set by the federal executive
monitoring and supervision in the area of Notaries
with the Federal Notary Chamber.
Article 34-4. Exposing information contained in a single
Notaries Information System
The Federal Notary Chamber provides with
Information and Telecommunications on the Internet daily
24-hour free and unconstrained circle
without charging the following information, in
information system of notaries:
1) revocation information,
identity-authenticated identity, date of power of attorney,
its registration number in the registry of the action of
information system of notaries, date and time of entering information about
untrust this registry of notarial actions
2) Information in the register of movable property notices:
(a) the registration
properties; b) name, date of conclusion, and contract number or other transaction on which or because of which is raised (if there is in the registry); in) Bail description, including numeric, alphabetic or of the combination ( in
registry of such information);
g) information about the logoer and logover:
for physical person-last name, name, and (if any)
letters of the Russian alphabet and (if available in the registry for such ) letters of the alphabet, date of birth, principal Russian Federation who lives Russian Federation , and
passport or other identity document data
for legal person-the full name of the Russian
and ( characters
Latin alphabet, identification number of taxpayer, a
also for a legal person registered in with
Federation Federation State
registration number in a single public registry legal
faces, for other legal registration country (for
exclude international organizations, legal legal
person) and (if any) registration number.
The Federal notarial must
Lookup
Bail
movables by such data, as the last name, name,
testator -the physical of the person, the name of the testator
legal person, registration for posting
moveable property, to identify the value of the digital,
alphabetic marking or combination, in count
vehicle identification number (VIN). Search
details of a testator to refine the search are used
date of birth, serial, and number of the or data
identity document and subject of the Russian
Federation, of which is living
natural person and registration number and identification tax number of the legal person. Federal by the executive
monitoring and control in to the scope of Notaries, with
The notarial chamber may be set to
Federal Notary Chamber provides search capability
notifications of Movable property to
this article provides public access.
After registering notice about bail
property notifications
provided by this article, no search for
is in process.
Article 34-5. Engineering conditions for the application
information in a single information system
notaries
Notaries, private practices, must
provide technical conditions for in
single information system of notariat information in conformity
Russian legislation. " ;
13) in Part 1:
(a) Paragraph 11 should read:
" 11) submit declarations and (or) other documentsand
legal entities to other natural and legal persons; ";
b) supplement paragraphs 20 to 25 with the following:
" 20) register property notices for movable property;
21) issue statements from the registry for Movable
properties;
22 duplicate and duplicates
documents, of content of certified
transactions;
23) certify for the online
paper on paper;
24) prove the equivalence of a paper document
electronic document;
25) submit documents to state registration of rights
for real estate and deals with it. " ;
14) add a third part of the following content to article 37:
" or to cancel the or
powers of attorney must be directed by the organ in
official, certifier or Power of attorney, in
notarial chamber of the corresponding Russian Federation
to make such information in the notarial action registry
Information System for Notariate. Notarial chamber contributes
details in notarial
notarial system days days
revenue. " ;
15) Article 38 should be supplemented with Part 3:
" or to cancel the or
powers of attorney must be sent by the
Russian Federation in
certified will or power of attorney through the federal
executive ,
public policy and
Russian Federation's international relations regulation, to Federal Notary Chamber for in
system information Registry
Notaries. The Federal Chamber of Commerce makes such information
system information Registry
notariate within two working days from the date of receipt. " ;
16) in article 42:
(a) Part 2 should read:
' ID must be made
or Other Any Any Any of doubt
relative to of the person of the
notarial action, for exception
part three of this article. " ;
b) add a third part of the following content:
" When registering property
dispatched notary in electronic form, person of the
is considered a
qualified electronic signature verified and ownership
applicant reaffirmed in with by law
April 6, 2011 N 63-FZ "On electronic signature". " ;
17) Amend article 43 as follows:
Article 43: Citizens ' legal capacity, legal capacity
legal entities and authority to
notarial action
The identity in the check
citizens and legal capacity
who apply for notarial action. If the notarial action is accessed representative of the person who asked for the notarial actions are checked for authority. If the deal does not completely
incapacitated person gives birth to parent, adoptive parent or administrator
checks their credentials. " ;
18) add a third part of the following content to article 44:
" s logon
notaries notification of movable property
electronic form. " ;
19) add the following addition to Article 44-1:
" Article 44-1. Number of copies notarized
certifiable documents
Notarized authenticated treaties
number of instances
participants. Notarized one-way deals,
notarial certificates are issued in the same instance.
Notaries on the notarial action leave in
notarial one instance notarial
authenticated wills, contracts, notarial
executive labels. By the discretion of the can be
in Other
notarized transactions.
Persons specified in the fourth article of 1 of the present
leaves in certified wills. " ;
20) add the following content to Article 44-2:
" Article 44-2. To perform a notarial act on the basis of a
electronic document
In cases, of the federal notarial
action can be performed based on the electronic of the document
signed qualified person
requesting of the notarial of the action. Features
notarial e-mail
document, signed qualified
The is set by this Base. Not allowed to authenticate, including power of attorney, by electronic document in the absence of the person deal, or its representative. " ; 21) Part 1 of Article 52 should be revised to read:
" In case of loss of person, on behalf of or committed corresponding notarial action,
expressing the content of the transaction certified of the transaction, or notarial evidence, stores in notarized office according to part two 44-1 true dreams, by written form of this person,
representative or of the successor is a duplicate of the lost
document. Dupe Noauthenticated of the Wills of Will After
death of testator can be issued to any of the wills specified in
heirs or fail-overs and executor of the will.
Duplicate contract, built or purchased
old owner of building, building, may be issued
confirming ownership of the affected building,
building. " ;
22) Article 60 to be void;
23) in article 77:
(a) Part 1 should read:
" Notary indicates the fidelity of copies of documents and statements
documents issued by state authorities
Local government, legal entities, citizens. " ;
b) add a third part of the following content:
" Testify fidelity of documents and statements from
notary does not confirm
contentconcordat facts of facts, identity,
capacity and authority of the signatory's faces, The
legal entity from which the document originates. " ;
24) Article 78 invalid;
25) Article 79 should be redrafted to read:
" Article 79. Replyia from copy to copy
of document
A copy of the document is written by a notary
on condition, if of the copy of the document
notarized or otherwise installed Russian law
Federation Order. " ;
26) Amend article 80 as follows:
" Article 80. Signature authentication to
document
Witness the authenticity of the signature, the notary certifies that
signature on the document is made by a certain person, but does not certify
facts described in the document. " ;
27) Article 86 should read:
" Article 86. Transfer of documents from individuals and entities
Other Individuals and Legal Persons
Notary passes declarations and (or) other documents
and legal entities for other natural and legal persons. In
documents included cover letter
notary.
Paper source documents can be passed in person
receipt, mailed with
delivery or transferred using technology, in
Number of information and telecommunication networks. In the last
performs
paper's paper based on paper in order,
installed article 103-8 Odreams, and form the package
qualified e-mail
notary's signature.
Online or legal s
signed qualified signatures
corresponding faces, can be passed a notary to another
natural or legal persons by creating a package
documents, signed qualified signatures
notary, and
Information and telecommunications networks. Documents
passing to condition, qualified
electronic person's
documents, verified, and confirmed ownership of of this signature
this person in by the Federal April 6
2011 N 63-FZ "On electronic signature".
Cost of payment for services of the mail organization or other
third parties associated with documents, pay
applicant for notarial action.
At the request of the person who asked for the commission of
action, notary issues
contact, transmissions
specifying the
receipt of documents passed
certificate for document transmission. " ;
28) add the following addition to Article 86-2:
" Article 86-2. Submission of Documents to Public
Real Property Registration
and deals with it
Notary that authenticated the deal, Issued
executive label of left
s
public registration property or
deal with of the
appropriate notarial action, representing
State registration of real property rights and transactions
them with other applications needed for logins
document actions in the body, registration
properties and transactions with it (registration body). If
other Approved with
Bynotarial action, notarial, notarial
action, acquires registration
rights, as well as other documents issued by the registration authority
and passes them to specified individuals.
Documents needed for public
registering real estate and deals with
notarial by the
notarial action.
How Public
registration is set by Federal by Law July 21
1997 N 122-FZ " On State registration
property and deals with it. "
When signing a state registration statement
properties and transactions with it, Other
actions provided by this article notary performs
his name in the interest of the person, from and
notarial action. The authority of the notary,
of this article, is implemented without
powers of attorney. " ;
29) add the following chapter to XX-1:
" Chapter XX-1. Registration of Bail Notification (Movable)
properties
Article 103-1. Registration of a notice of pledge movable
assets
Treatment of non-real-property collateral for
property, of which is subject to
registration or recounting of which is otherwise provided
according to the Civil Code of the Russian Federation is implemented
Movable Property
moveable property notification registry,
paragraph 3 of part one of article 34-2 of these Osdreams.
Registration of a Bail Notification of Movable Property (hereinafter
also-notification of acknowledges a notary in
property property
containing in property of property
sent to a notary in cases
legislation. In support of registration of pledge notice complainant is given a applicant's desire can be issued in the form of the document,
certified by a notary's electronic signature.
Registration in the movable property notification registry
By
property
(notification of bail), about change
Movable Property
moveable property ( ben)
notice to exclude moveable property information from
moveable property
registry
(notificationto exclude bail information).
in on bail
passes property, in bail (for
exception to civil law cases
if such property is passed without
agreements between the parties to a lair relationship, in particular
if the goods are replaced in turnover, recycling, or other
changes to the foreclosed property in of this property
is notified when collateral has been posted.
can can
softform in order by by the Federal
executive authority exercising control and supervision
in the area of notaries, together with the Federal notarial room.
pledge notice in form must be signed
Thequalified electronic signature of the applicant. In this
personal appearance of the applicant is optional, fee for services
and legal character are not charged.
The registration registration
notification of bail, seeding appropriate forms
bail
executive authority exercising control and supervision
in the area of notaries, in conjunction with the Federal Chamber of Notaries.
Article 103-2. How to register a pledge notice
Notary registers
all required and
103-4
sent to a notary 103-3
true dreams.
Notary when registering notification does not check
Loopback Login
posting bail, reliability of information about object,
occurrence, change, terminate bail, in
notification and information about persons specified in the pledge notice.
Notary is not responsible for for in
notification of information.
When registering notary notice:
1) contributes bail,
collateral, in the register of movable property notices;
2) issues bail registration
property in the registry for moveable
property.
Notary is required to register for
immediately after it is received.
If you cannot register a pledge notice
technical reasons such as break or failure in registry work
moveable property or temporary absence notifications
binding with property of properties
registering a pledge notice immediately after
Resolve the reasons that prevent registration.
The pledge is assigned a unique
number in registry
assets, which is reflected in
subsequent registration and
{ eliminations of the collateral details of the collateral.}
Notary refuses to register a bail notice only
if:
1) The notification does not have the information provided by the article
103-4 real
form;
2) Notification sent in violation of the requirements of Article 103-3
real Osdreams;
3) Notification in
signature that does not meet the requirements of the present or
may be checked by a nottary in
Law of 6 April 2011 N 63-FZ "On electronic signature";
4) not payment of the tariff
which is provided for in the present Basics.
On the registration ben
The notary informs the applicant immediately
(his representative) that appears in person, and if the notification
in electronic form came to a notary without the personal applicant's appearance
(his representative), the notary immediately sends a message
to the e-mail address specified in the pledge notification
Theapplicant.
Responsibility for compliance with the registry information
notices of movable property, contents of directed
pledge notifications and lack of no unreasonable delays
registering a pledge notice in about
movable property is assigned to a notary.
Article 103-3. Factaries to Notaries of Notification of
movable property
If not otherwise provided by these Basics
movable property is posted notary by the following persons
or their representatives:
1 logoer or the solvers-
posting bail;
2) the or 103-6
true cases in case of a Holder- Change
collateral and notice to exclude bail information.
Under the multiplicity of persons on the side of the pledge of the commitment,
notification, notification must be one
of them or a representative of one of them.
The notifications in paragraph 2 of Part 1 of this article
will be sent to the notary for the
times when he learned or should have learned about the or
to terminate a pledge unless otherwise provided in these Fundaments.
Direction of notary public of specified notifications is a duty
splits. The notice of the change notification
will not be required if posting bail does not affect details
entered into the moveable register of movable property notices.
Clone to the notarial notary
posting bail and notice of about bail
can be appealed by the applicant to court. The Holder is required
refund the loss caused by this loss.
Article 103-4. Bail notification content
A pledge notice is given in the pledge notice -
posting bail notification
or notice about bail information as well as information about
person who signed the notification (applicant). Information about to the petitioner
is specified as part of this article for
o logoer, holder. If applicant is
representative, additional documents confirming
his authority. When notifying the notary
e-mail e-mail address
mail Theapplicant is required.
If not otherwise provided by real Fundaments, in notification
o
part one of this article, details:
1) on the testator, logoer-physical person:
(a) the last name, name, or (if ) the last name, and (if
has a middle name. In respect of a foreign national or a person without
citizenship these information must be followed by
Latin alphabet (except cases, if in
his identity, does not use the character of the character
alphabet for name information;
b) Date of Birth;
in the series or otherwise
identity;
g) place of residence according to the place registration documents
in of the Russian Federation.
Registration by place of residence in the Russian Federation
actual place of residence of such person;
e) e-mail address (if any);
2) about the logoer, Russian legal
:
(a) the full name;
b) the main public registration number of a legal
;
in) taxpayer identification number;
g) where unified
Public Registry;
e) e-mail address (if any);
3) about the logoer, logoer- foreign legal
person or international organization with legal
person:
(a) the full name
full name of Latin alphabet (if available
details in the and registration documents
legal person);
b registry name for legal
registered face, no registry
name of the organization that has carried out registration (if any);
to) the number of the legal
registration (if any);
g) taxpayer identification number (if any);
d address for in the mail to
alphabets, as well as Latin characters, if in
specified address Russian does not has state language
language;
e) E-mail address (if any);
4) property its description.
ID of the transport (VIN) (
The{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
availability
other numeric or alphabetic or of these
symbols that identify property, such
symbols can be specified in a separate notification field;
5) about the name, date and number of the pledge contract
other transaction that gives the law
(if available at the time of notification).
few logoers
information about each is reported separately.
part of this
registration
details, part of
requiring changes, as modified.
details, parts of of the first of this
registration for
posting bail.
Article 103-5. Notification registration considerations
on bail provided
fulfillment of obligations on bonds
Bail notification, change notification
bail and notification
Bond obligations are enforced,
notary issuer of such bonds.
In the Bail notification,
performance of on bonds, with
Part I article 103-4 of these Oss:
1) specify for a logoer,
paragraphs 2 and 3 of Part Two of Article 103-4 of these Osnes;
2 the locale
testers are owners of a release bond with
state registration number of and dates
his state registration, and others
conditions for issuing such bonds. of from
testers are not specified;
3) the collateral can be specified by its description of any
with the registration number
bond issuance and state registration dates;
4) instead of pledge information
decision to issue bonds.
Article 103-6. Change Registry Bail Details
Movable Property Notices
elimination of this information from this registry
by court order
In , if in with the
legal person or death of a citizen's
other than the will of the testator causes to
notary or
notices
cannot,
sending a notary's notifications in to the law
timeframes are entitled to appeal to the court.
The legal
testator is right to notarize Change
collateral or bail
annex witnessed
court order. Article 103-7. Issuing a statement from the Bail notification registry Movable Property Vail notification registry property may all notifications
number specified in Part 6 of Article 103-2 of these Osdreams, or
about all notifications for a specific lockout. Statement
movable property notification register may contain
up to date up to date (short)
statement) or also contain information about all registered
notifications from which is formed (advanced
statement).
At the request of any person , returns from
registry property of containing
information that is set in paragraph 2 of Part One
34-4 true Oss. At the request of the lock-holder or
specified in registered
delegate for appropriate notary issues
brief or extended from registry
Movable Property, containing List
parts of the first and second articles 103-4 of these Osdreams.
Information that is no more effective due to notifications
posting bail and notice of on bail,
is reflected in the statement so that
it is clear,details lost.
The registry for the
property and the order of this statement federal executive branch
The Control and Supervision of Notaries, Federal
notarial chamber. " ;
30) supplement Chapter XX-2 with the following:
" Chapter XX2. Identity equivalence of electronic
of the document on paper.
Document identity equivalence
Paper Media
Article 103-8. Identity equivalence of electronic
paper document on paper
Identity of the { \cs6\f1\cf6\lang1024
} document's
{ \bdocument}
on paper means identity assertion
contents of made of the document
contents of of the paper to the document
media. The electronic document produced by a notary has the same
legal force, and on the paper
is the equivalent of which is certified by a notary.
Make the document for
notary's image
paper forms and qualified
notary's signature.
The format requirements
federal executive branch
The Control and Supervision of Notaries, Federal
notary chamber.
Article 103-9. Document equivalency of the document to
electronic paper
The identity of the paper
e-mail means identity assertion
of the document's document
produced by by the paper
media. The notarial document on paper
has the legal and
is the equivalent of which is certified by a notary.
The notarial document must
is signed by a qualified electronic signature. Qualified
electronic signature of the person from whom the document originates must be
verified and verified for ownership of the applicant in accordance
with Federal Act No. 63-FZ " On electronic
signature. "
Article 3
In the Federal Law of 26 December 1995 N 208-FZ
"About joint-stock companies" (Meeting of Russian legislation
Federation, 1996, N 1, st. 1; 2001, N 33, st. 3423; 2002, N 45,
4436; 2004, N 11, st. 913; N 15, st. 1343; 2006, N 31,
3445; 2007, N 31, st. 4016; 2009, N 29, st. 3642; N 52,
6428; 2011, N 1, st. 21; N 50, sect. 7357; 2012, N 53, st. 7607)
changes:
1) 1
to add "as well as specialized societies";
2) in article 42:
(a) Paragraph 5 should read:
" 5. Date on which in payment
(declaration) of dividends depend on
receipt cannot be set earlier than 10 days from commit
dividend payment decisions and later 20 days with dates
to make this decision. " ;
b) Paragraph 6 should read:
" 6. The dividend due to the nominal holder
professional market
trustee, registered registered in
shareholders, Other
registered in the Shareholders Registry-25 business days
dates on which
dividends. " ;
3) Article 49 is supplemented by paragraph 4-2, to read:
" 4-2. Decision on payment (declaration) of dividends
preferred shares
majority shareholders ' voting shareholders
Thesociety, of participation in in the meeting. this votes
shareholders- of preferred shares
voting options expressed by
'against' and 'abstention' are not counted in votes count, a
also in determining the quorum for the decision to
question. " ;
4) in Article 51 (1):
(a) The second paragraph should read:
" Date of the list of persons entitled to participate in the general
shareholders ' meeting cannot be set before through
days of the meeting's of the meeting
shareholders and more than 50 days, in
article 53, paragraph 2, of this Federal Law-more than
80 days before the date of the Shareholders Meeting. " ;
b) Paragraph 3 is declared void;
5) in article 55, paragraph 2:
(a) In the first paragraph, replace with
"within 50 days";
b) in paragraph 2, replace with
"within 95 days";
6) Article 62, paragraph 4, should read:
" 4. The General Shareholders Meeting
votes can be read at the Shareholders Meeting, in
which was voted on, must be
details of individuals included in the list of persons eligible for in
general Shareholders Meeting, in the vote report form
order provided for public meeting message
shareholders, no later than four work days after closing
General Shareholders Meeting or Receive End Date on
holding a general meeting of shareholders in the form of absent-voting voting.
If, on the date on which the list of people has ,
for participation in the general meeting of
registry of the company's shareholders the is the nominal holder
stocks, report of voting results in electronic format
(in the form of an electronic document signed by the electronic signature)
nominal shareholder. The nominal holder is required
decapponents the result of the voting
received by this paragraph, in and in
deadlines set by Russian Regulations
Federation or a contract with the exhibitor. "
Article 4
Chapter 45 Part of the Civil of the Code of the Russian
Federation (Legislative Assembly of the Russian Federation 1996,
N 5, article 410; N 34, sect. 4025; 1997, N 43, st. 4903; 2003, N 2,
160; 2005, N 1, est. 45; N 30, est. 3100; 2006, N 52, st. 5497;
2013, N 26, article 3207; Russian newspaper, 2013, 6 December) to supplement
Articles 860-1-860-10 read:
" Article 860-1. Nominal Account
1. The can be opened by the account for
commission operations with money rights
belongs to another beneficiary.
Rights to cash flows to a nominal account in
volumes as a result of owners of accounts, belong to
to the beneficiary.
Nominal account can open for operations
money tools, rights
persons to the beneficiaries. 2. An essential condition for a contract of the nominal account is specifying the beneficiary or obtaining information from the owner account or beneficiary accounts, and the reason for their participation with respect to the contract of the nominal account. 3. The or contract with participation Beneficiary bank may be responsible for controlling use by the expense in
beneficiary within and in order that is provided by by law
or contract.
Article 860-2. Formation of a Contract of Nominal Account
1. The contract of the nominal account is the form in writing
by compiling a single document signed by the parties (paragraph 2
article 434), with a mandatory indication of the date of its conclusion.
2. The account's can be -
participation and without beneficiary participation. Nominal Account
a beneficiary is also signed by the beneficiary.
3. Failure to comply with the form of a nominal account contract
invalidation.
4. In the case that the account is given money
multiple beneficiaries, money of each
beneficiary must consider in special sections
nominal account, provided that with or
contract of nominal account obligation to account for money
Thebeneficiaries are not charged to the account holder.
Article 860-3. Transactions by Nominal Account
The law or agreement of a nominal account may be limited
range of operations that can be performed by owner
accounts,
list or cash money, , or
consent operations by account, , or documents
operations base and other definitions
circumstances, allowing to control compliance
restrictions imposed on operations.
Article 860-4. Exposing information that is
bank secret, beneficiary by
nominal account agreement
1. Beneficiary under a nominal account agreement may
information, bank secret
if this right has been granted to the beneficiary by the contract.
2. Beneficiary participation
beneficiary has the right to require from for information
bank secrecy.
Article 860-5. Arrest or write-off of funds,
in nominal account
1. Suspending activities by nominal account, arrest or
write-down of funds in account nominal
owner of account, for obligations
850 and 851
is allowed.
2. Arrest or write-off of cash from the nominal account
obligations of the beneficiary are allowed in the court decision, decommisation
money
Thelaw or contract of a nominal account.
Article 860-6. Change and Dissolution
of a nominal account agreement
1. The beneficiary's beneficiary's can
be changed or avoided only with consent of the beneficiary,
The law or agreement of a nominal account does not stipulate otherwise.
2. If the
contract termination of nominal account must immediately
inform about this of the beneficiary, if is provided
contract of the nominal account.
3. termination of the contract of the account
cash transfers to other nominal owner account
or provided to the beneficiary, or if not otherwise provided by
or contract of the nominal account or does not imply from
relations, the beneficiary is listed in another account.
Article 860-7. Escrow Account Agreement
1. Under the account, , (esc agent) opens
special account for accounting and blocking of money
received from the account holder (the deponent) in transmissions
other (beneficiary)
provided by the agreement between the bank, the exhibitor and the beneficiary.
2. Obligations under the contract of the account can
along with the account in otherwise
The agent is a bank.
3. Remuneration of the bank as an agent-agent is not can be charged
money from if is not
is provided by the contract.
4. To the relationship of the parties due to opening, maintenance
closure of an esstarve account is used by general banknote
if not otherwise this Articles
860-8-860-10 of this or code does not flow from creature
relationship.
Article 860-8. Cash Order Restrictions
tools and use of the Arrow account
1. Unless provides a treaty, no none
beneficiary not to dispose of money
which are in the account, except given in
real article. The rule of the code of the code
applies to an Escrow Account Agreement.
2. If not otherwise specified by contract, enlistment
other non-exponent money rows, in addition to the sum of money
specified in a conditional cash deposit agreement , not
is allowed.
3. of the contract
conditional deposit money, bank in
such a time period, and when it is absent, within ten days
must grant to the beneficiary the deposited amount or list it
to the account you specify.
Article 860-9. Exposing information that is
bank secrecy, by contract of an escort account
The right to request information from the bank that make up
banking secrecy has both a deponent and a beneficiary.
Article 860-10. Closing the Escrow Account
1. Unless otherwise provided by the contract, closing of the Arrow account
is implemented by the bank after the expiry of or
Other conditional escrow
funds. Rules 1-2 859
this Code does not apply to relations in the Escrow account.
2. If other is not ,
beneficiary, when the contract is terminated by an esstarve balance of cash
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
reasons for transferring money to the beneficiary
or granted to the beneficiary. "
Article 5
Commit to Federal Law 1996 N 39-FZ
" About the Securities Market
Federation, 1996, N 17, st. 1918; 1998, N 48, sect. 5857; 1999, N 28,
3472; 2001, N 33, article 3424; 2002, N 52, sect. 5141; 2004, N 27,
2711; N 31, st. 3225; 2005, N 11, st. 900; N 25, st. 2426;
2006, N 1, st. 5; N 2, est. 172; N 17, st. 1780; N 31, st. 3437;
N 43, article 4412; 2007, N 1, est. 45; N 18, sect. 2117; N 22, st. 2563;
N 41, article 4845; N 50, sect. 6247, 6249; 2008, N 44, st. 4982; N 52,
6221; 2009, N 1, sect. 28; N 7, est. 777; N 18, st. 2154; N 23,
2770; N 29, st. 3642; N 48, st. 5731; N 52, st. 6428; 2010,
N17, st. 1988; N 31, sect. 4193; N 41, sect. 5193; 2011, N 7, st. 905;
N 23, st. 3262; N 27, st. 3873, 3880; N 29, st. 4291; N 48,
6728; N 49, sect. 7040; N 50, st. 7357; 2012, N 25, st. 3269;
N 31, st. 4334; N 53, st. 7607; 2013, N 26, st. 3207; N 30,
4043, 4082, 4084):
1) in article 2:
(a) in part of the eighteenth word "in Chapter 2" should be replaced with the words
"in articles 3-5, 7 and 8";
b) Part of the twenty-fourth after to add
words "to conclude sales contracts";
in) part twenty-fifth after the word "trading" with words
"to conclude sales contracts";
g) supplement part of the thirtyfifth with the following:
" Specialised Society-Economic Society, Which
corresponds to installed by
3-1 of Fedrequirements. " ;
2) The title of section II should read:
" Section II. MARKET PARTICIPANTS IN MARKETS ";
3) in the first paragraph of Article 7-1 " 5 workers
days 'replacement with' seven workdays ';
4) Article 8-3 complete paragraph 11, to read:
" 11. Nominal the holder is not responsible for
not providing information due to
info by the exhibitor- by the nominal holder,
and completeness of information provided by
decponent
Article 8 of this Federal Law. " ;
(Item 4 will lose July 1 2016 on the
Federal Law of June 2015 N 210-FZ - Collection
Laws of the Russian Federation, 2015, N 27, art. 4001)
5) in article 8-4:
(a) add the following:
1-1. Foreign organization entitled to take account
and security switch rights, taking into account and navigation
for Russian securities in accordance with its personal law. To a relationship of a depot and a foreign organization, related with opens, and nominal holder, of the delegate
{ \cs6\f1\cf6\lang1024
}
Russian legislation. " ;
b) Paragraph 6 should read:
" 6. Foreign holder must take all
dependent reasonable measures to provide to the
owners Other
right-of-value of paper, for on the depot
foreign nominal holder, in cases and terms that
provided by federal laws and by the Bank's acts
Russia for Nominal Holders. " ;
in) Paragraph 9 should be redrafted to read:
" 9. and The form of
Depot programs,
Foreign Issuer and Other Persons
rights by the foreign issuer,
rights to Russian issuers, , and
Foreign Issuer Foreign
such faces for the person
depositary programs, rights to participate in the general Shareholders Meeting
is established by Bank of Russia regulations.
Requirements and The form of
nominal holder of information about the owners of the valuable paper
other
stock, of which such targets
implementing given rights,
papers are installed by Bank of Russia regulations. Requirements and The form of
authorized holder of information for rights,
fixed securities, fixed by normative acts
The Bank of Russia. " ;
Item 10 should be revised to read:
" 10. Foreign nominal holder on demand of person,
which he has an account of the foreign of the nominal holder
securities, must accept all reasonable measures
to provide this person with a list of defined
date and information about persons exercising rights
papers, as well as information about the amount of security, that belong to
such persons. " ;
(Subitem "g" will lose power from 1 July 2016
Federal Law of June 2015 N 210-FZ -Collection
Laws of the Russian Federation, 2015, N 27, art. 4001)
d) Paragraph 11 should be redrafted to read:
" 11. Foreign nominee at the request of the issuer,
courts, (judges), Russia,
consent of the head of the investigating body of the body preliminary investigation of cases in their production must take all
providing information about security owners, other persons,
securities rights, and individuals, in
which
accounted for in the account of the foreign of the nominal holder,
exceptions if persons exercising rights by
papers, are foreign organizations that are consistent with
their personal laws refer to collective investment schemes.
Foreign authorized holder on of the issuer's request
courts, (judges), Russia,
consent of the head of the investigating body of the body preliminary investigation of cases in their production must take all
providing information about persons for whom is foreign
authorized holder performs security
posted by foreign delegate of holder,
exceptions, if by a foreign holder
is a foreign organization that in matches
Thepersonal law refers to collective investment schemes.
Issuer is entitled to require information
this point, if is required
OF THE PRESIDENT OF THE RUSSIAN FEDERATION ;(e) add the following to 14-1:
" 14-1. Request for information provided for
true article, may be directed to a foreign
holder, foreign authorized holder, to whom
account depot account debit directly, so and
through a
appropriate debit accounts. " ;
g) to add the following content to 14-2:
" 14-2. Foreign face holder, foreign
authorized holder, face
depository programs, are required to accept all
Reasonable for Documents and in
compliance with of the Depot request in
opened related invoices for the
(requirements) of the tax matches
Russian Federation legislation on taxes and fees. " ;
(s) add to paragraph 14-3 to read:
" 14-3. Foreign holder of and the person
account depot account is not responsible for
non-provision information due to no
information by their clients in others
also for the accuracy and completeness of information provided by
clients. " ;
and) add a paragraph to the following paragraph:
" In case of failure to resolve violations
provision
information about owners and other persons,
securities, specified or operations
be set for pieces of paper,
exceeding the number of securities, obligation to provide
information not performed. " ;
6) in Article 8, paragraph 3-7 words "five days" replace
words "seven workdays";
7) ( 7 expired by Federal Act
June 29, 2015 N 210-FZ- Assembly of the Russian Law
Federation, 2015, N 27, art. 4001)
8) add a new article 14 to read:
" 7. Rules of this Federal Law Concerning Tolerance
securities, including valuable foreign issuers,
organized trading does not apply to securities with
can only be contracted by repo contracts.
specified securities
Articles 27-6, Articles 30 and 30-1 of this Federal Law. On
this treaties only
quality investors. " ;
9) add the following section to chapter II:
" Chapter 3-1: Specialized Society
Article 15 -1. Specialized Society
1. Specialized societies are
financial company and custom company
funding. 2. The and objects of specialized financial company is acquisition of property
require payment of money from debtors (hereinafter -
money requirements for credit contracts, on
(or) other commitments, including rights,
future of existing or future commitments, syndication
other property, associated with money
requirements, including leases and leases
and the issue of bonds, secured by
requirements.
Goals and Activities of the Society
project financing is financing for the long term (
duration of at least three years) investment project by syndication
liabilities for obligations arising from
sales of property created by this
project, with services, production and (or)
property use in
results from such a project and acquisition path
other property required to implement or
implementing such a project, and implementing issus,
money secured and other assets secured.
The Charter of a specialized society can be installed
additional limitations of and (or) activities
which can be implemented by a specialized society.
3. Full brand name custom
financial Russian must contain
"specialized financial company", branding
project
name
financing- " specialized Society
funding. " Other legal persons may not use
names of the term "specialized financial society"
or "specialized project design of funding", a
also words derived from them, and combinations of them.
4. Specialized society may have civil rights,
related goals and activities defined by in
bylaws, and carry related duties, in
acquired money requirements and other
property, attract (loans) with constraints,
defined by the charter of a specialized society, insurance risk
responsibility for non-performance on bonds
specialized company and (or) risk of -related risk
default on custom
society of monetary requirements, making other transactions directed
to raise, maintain, or reduce risk
financial losses of a specialized society.
Specialized company is not entitled to draw in
form of loans from natural persons, excluding loans attracted
by buying physical bonds
specialized company.
5. the concession to the specialized society
request can
of the person's physical expenses
caused by the transition if the assignment that resulted in
such costs occurred without the consent of the debtor.
6. Meeting the specializedbonds
company can
company
additional by property, of this
specialized company and/or third parties and other
ways prescribed by this Federal Law.
7. Specialized financial society has no right to position
bonds secured by monetary requirements, if
money requirements are encumbered by collateral or other rights third
other than bondholders ' requirements
same issuer and creditors on issuers
if such requirement is specified in conditions
issue of bonds of a specialized financial society.
8. The contract of the creditor with a specialized society
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024}Specialized Society
provides that the creditor's requirements or of the owners of the bonds, results
implementing the underlying monetary requests
recovery, and if otherwise provided, for account
such security is considered to be paid out.
9. The Federal Federal Law of 26 December in 1995
N 208-FZ "About Stock Companies" and of the Law
8 February 1998 N 14-FZ Limited
responsibility " extends to specialized societies with
consideration of the features of this Federal Law.
Article 15 -2. Considerations for creating, reorganizing,
Elimination and Legal Location
specialized company
1. Specialized society can only be created by
agency. Payment shares ( in share capital)
specialized society, in
is only implemented by money.
2. Specialized society has no right to make a decision
decreasing of its charter capital, in number by
The acquisition of part of the shares it shares (shares in the authorized capital).
are legal entities registered in States or
territories Provisioning
information for financial operations
is approved by the Ministry of Finance of the Russian Federation.
3. A specialized financial society may not
is voluntarily reorganized.
4. presence of the company's custom
voluntary liquidation
specialized of the society with owners
such bonds. The Common Meeting
owners of these bonds by a majority of nine votes,
that have
owners of these bonds.
5. The Society's Society
phlegm in relation with does not perform or
on public bonds
secured, filed with the arbitral tribunal in matches
Russian Federation insolvency
bankruptcy.
6. The Charter of a specialized society may contain:
1) cases and conditions that do not are provided by
laws and in which and of the dividend payment
( profit distribution) of the custom
or and of the dividend payment
(profit distribution) of a specialized society;
2) questions ( in charter
specialized societies changes (or) add-ons
approving specific deals, committed
society) whose decisions are made with owners consent
or creditors
bonds
specialized company.
7. Get specialized
Societies of Speciation Society's Bonds Holder
is implemented by making the common owner meeting
bonds, if the right to make a decision on the relevant issue
is not designated as owner of such bonds
according to their release criteria or the meeting's general meeting
owners of these bonds.
8. The Charter of the Society of the project
funding in addition to locations
this article can also contain a clause that:
1) Board of Directors (Supervisory Board) and (or) audit
commission (auditor) in the specialized of the project
funding is not selected;
2) rules in chapters X and XI of the Federal Law
from 26 December 1995 N 208-FZ <>
Articles 45 and 46 of the Federal Law of 8 February 1998 N 14-FZ
About Limited Societies,
deals, committed by a custom of the project
funding, according to is not elected
board (supervisory board) of this specialized
society.
9. relations
rules under Article 90, paragraph 4, and Article 4, paragraph 4
Civil Code of the Russian Federation, rules provided for
paragraphs 4 to 12 of article 35, chapter IX of the purchase and
Stock Company Hosted shares and XI-1 Federal Act of 26 December 1995 N 208-FZ "On joint-stock companies", rules in article 20, paragraphs 3-5, 23 and 24
Federal Act of 8 February 1998 No. 14-FZ " About Societies
limited liability. "
10. relations of financial societies
rules provided by chapters X and XI Federal
Act of 26 December 1995 N 208-FZ "On joint-stock companies",
and rules provided by Articles 45 and 46 of the Federal Law
8 February 1998 N 14-FZ Limited
responsibility. "
11. Topics covered in 2-4, 10, 11 and 13
paragraph 1 of article 65 of the Federal Law from 26 December in 1995
N 208-FZ "On joint-stock companies", for the terms of reference
single executive body of specialized financial
company, and
specialized company project funding, in
conforms to principals
(Supervisory Board) of such a specialized society.
12. Member of the board of directors (supervisory board), member
collegiboard executive body, sole
organ, by the accountant's of the company
project funding
Paragraph 1 of Article 10-1 of this Federal Law.
13. Authority Single Authority
specialized financial societies should be passed
business organization (control company),
the requirements of Article 15-3 of this Federal Law.
14. If Single of the authority
specialized society of project financing transferred
company's }
match the article 15-3 of this Federal
law.
15. In a specialized financial society, the directors
( tip) and audit
{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } no body is created.
Specialized financial society does not have employees state and
cannot conclude labor contracts.
16. Transactions, committed by a specialized society
incontradiction with goals and activities that are specified in
this Federal Law and (or) defined by its statute, can
be judged invalid by customclaim
society, of the founder of (participant) or creditors
specialized company, in number of bonds
specialized society if is proven other
the deal knew or should have been aware of the limitation of the object's goals and
Activity of the company's specialized . Assume
other on the deal the
custom societies, branding
whose name contains the words " specialized financial
company " or " specialized society of the project
funding. "
17. Shareholders or Shareholders
% voting voting (participants who have in together
not less than one tenth count
specialized community and declaring a general requirement
Shareholder Meeting (participants) for
resolving for early controls
company (single executive body) specialized
society and passing appropriate control
company (entity of the sole executive body), to the right
convene the general meeting if
federal laws, a person who Single
executive body is not decided to reconvene
general meeting or deciding not to convene it. At
these stakeholders (participants) of the company
has the authority needed to convene and hold
general meeting, expenses
solution for such a general meeting can be recovered from funds
specialized company.
Article 15 -3. Managing Company of Specialized
societies
1. The company can
be control, control investment of the fund,
mutual fund, non-state pension fund
or other organization, economic society,
inclusion of these organizations in in registry
organizations that have the right to run control activities
specialized societies (hereafter the control registry
companies of specialized societies). The Russian
management companies of specialized societies and places it on
his official site in the information-telecommunications network
Internet.
2. allows single-person
executive control
company that is:
1) by the person who controls a specialized society;
2) by the person who controls the original creditors on the money
requirements for which performance is enforced
by a person's or
controlled by such original creditors.
3. or or
s or together with
faces bound
property, and (or) simple partnerships, and (or) assignments, , and
(or) shareagreement, and (or) other agreement, subject
which is implementation of rights, -certified shares
(shares) managing company, managing 10 or more percent
votes voting (shares), parts
charter capital of the management company cannot be:
1) a legal person registered in States or
territories Provisioning
information for financial operations
approved by Ministry of Finance of the Russian Federation;
2) A legal person who has
revoked (revoked) license for
Financial organization activity;
3) Physical in 1
true Federal Law.
4. Member of the board of directors (board observer), member
collegiboard executive body, sole
organ, the main company's control
specialized society can't be faces
Paragraph 1 of Article 10-1 of this Federal Law.
5. In the case of a non-performance of the organization included in the registry
control companies of specialized societies, orders of Bank
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}
Federal Bank of Russialaws and regulations (or) Bank of Russia rule out
such from companies
specialized societies.
Article 15 -4. Replacing a dedicated society-
Issuer of Bail Bonds
if it is bankrupted
1. In case of acceptance by the arbitral by the court of the confession
specialized company- of the bonds, of the
bail, bankrupt and all
obligations to such bonds can be passed to another
specialized company (replacing bond issuers). At this
on the financial
societies can be only custom
financial company, bonds
specialized project funding community only
other specialized project finance society.
2. Replacing a specialized Issuer Issuer
bankruptcy is allowed with permission owners
bonds, as well as in order and on the grounds that are provided
Russian Federation insolvency
bankruptcy. Getting owners of owners
is implemented by making the common owner meeting
such bonds. In the case of issues of two or more bond issues,
executing
-aloneproviding and with different
order of their execution, replacing a custom
issuer bonds only with owners
bonds, execution by
first relation to s s remaining
specialized of the community. permission owners consent
bonds for other releases are not required.
3. Substitution of the Issuer Company
bonds in case of its together with with
bonds to the new issuer of bonds
request and other property, specialized
society and posted bond holders, if different
not provided by Russian Federation
insolvency (bankruptcy).
4. Replacing a specialized Issuer Issuer
bankruptcy is implemented by
corresponding changes in in (optional
release) of bonds, in on the bearer,
released in document form, also by replacing previously issued
or themed certificate of such bonds for new certificates
where bonds is new
face.
Changes in (additional release)
bonds in case of the Society'sspecialized
issuer
Thearticle 24-1 of this Federal Law.
5. If the custom of the company
declared bankrupt, registered forward of
bonds, new of such bonds
drill down to 30
Federal Law. " ;
10) Paragraph 1 of Article 27-2 after " Execution
obligations by which to add whole or part of ';
11) Article 27-3 should be redrafted to read:
" Article 27-3. Bonds with collateral
1. collateral for bonds with collateral
can only be undocumented securities, immobilized
documentary valuable paper, estate and money
requirement, in requests
will be in from from from from
liabilities. The [ [ Russian]] [ [ Banks]] can
property (including requirements requirements) installed
Thethat can be the subject of bond securities.
2. Bail Agreement
liabilities on bonds, in
arising from their first owner (purcha) rights on
bonds, the written form of the form
compliant.
3. If the performance of bonds is fulfilled
bail (mortgage), state
mortgages registration is implemented by the body
state registration of real property, after
state of these bonds. For
state mortgage registration instead of about mortgages and
copies, of the document also
rich mortgage liability
registered Bank Russia
secured mortgages, and a copy of this solution. Public registering mortgages in Original loger registration in
public registry property must
Contain State Registration Number of Bond and
his state registration date, and the
testers are owners of a release bond with specified
State registration number.
The mortgage repays
lockdown, to for Documents are
termination of mortgages, in
Secured mortgages, attached acceptance of by the Russia recognition corresponding bond issue failed. Location of Loans, Secured Mortgages, to State registration of a mortgage is prohibited. If by the federal or agreement requests for a notarial form of the mortgage
such requirements are considered to be met by notarial
certificate for the issuance of mortgage-backed bonds.
If the federal law requirements
registering a mortgage contract, requests
count satisfied of the registration
By the Mortgage, By the Authority
state registration
property.
4. The conditions for issuing bonds with collateral can
must be ordered and of the item
such bonds.
5. The property that is the subject of bail,
amounts due to the mortgage due to such can
to ensure that the obligations on bonds are executed differently
releases.
6. If the performance of bonds is fulfilled
collateral for securities, before
testator must commit
security note these
securities.
7. In the absence of owners of s
collateral management of recovery
Such non-judicial bonds are not permitted.
If the amount raised in the property of the property
exceeds size of secured by on bonds
difference after the of the sum, required for surfaces
expenses related to the recovery of this property and
implementation, returns the logoer.
If on
Russian Federation
Property of owners of bonds with collateral
bond property in
shared ownership of all bondholders secured by
such bail. " ;
12) add the following addition to article 27-3-1:
" Article 27-3-1. Bond-specific bond considerations
cash requirements
1. Bail of bonds with collateral not
may be monetary requirements, encumbered by or other
rights of third faces
Federal law.
Bail of bonds with collateral can
be only requirements of of such
bonds.
The monetary requirements that are the subject of the bond bond
issuer, not can One Bail
{ \cs6\f1\cf6\lang1024 } Other requirements (post bail), exception
demands of owners of other issuers of the same issuer and
creditor requirements on issuers if
{ \cs6\f1\cf6\lang1024}Bond{ \cs6\f1\cf6\lang1024
}s{ \cs6\f1\cf6\lang1024
}
issuer.
2. If the subject of the bond on the bonds is
money requirements or future monetary requirements, about
commitments, from which flowed money
requirements, , and about debtors can
bonds total
data, lets individualize money
demands and determine s or
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}
these obligations.
3. Cash requirements or together
cash requirements can enforce commitments
issuers of one issue or multiple issuers.
4. Cash received by the loan holder from its debtors in
account performance of obligations requirements
are subject to bonds, to enrol on
security account, bank props
terms and conditions of the bond issue.
If Different Editions
provided by bail,
is differentsum of money requirements, money amounts, due
testator, to be credited to different (individual) s
accounts.
5. In addition to the sums mentioned in paragraph 4.
articles, to the collateral account:
1) money amounts, received by the address
collection on property, object
obligations whose pecs are subject
bond mortgage;
2) money amounts, received by from from
provided to obligations, money
requirements for which bond mortgages are subject.
6. Issuer has the right to use money, credited to
collateral account, for on bonds
collateral
requirements,making payments under of specified
bonds. s s s Bond
must contain an exhaustive list of such payments and
specification of their size limit.
7. The conditions for issuing bonds with collateral can
eligibility for the following issuer's issuers
bonds without permission for
collateral account money buy requirements
similar monetary requirements
subject in of these bonds. This
criteria for monetary requirements that issuer has the right to purchase,
must be defined for s bond issues
collateral. Currency
claims are considered to be on bond from bondholders with
from the switch to
specified monetary requirements.
8. The of the collateral must
take account of in on money
requirements and enrolled or or
assign the credit of the organization to
open collateral account. requirements of such
accounting is established by Bank of Russia regulations.
9. If an organization that is not a creditor
with issuer of bonds, secured by money
requirements, perform and translations
received from debtors and/or otherwise
rights of creditors by specified money requirements (service
cash requirements), this organization is required to implement
claims that it serves. This accounting is implemented in
compliance with Bank of Russia regulations. " ;
13) Chapter 5 add the following addition to articles 27-5-6:
" Article 27-5-6. Features of the security bond with
different order of performance
1. Issuer authority to install for the bonds
Bond obligations of different releases and
(or) monetary commitments
issuer and execution of one and the same
the same security. In this case, the following
Queued only after
proper commitments previous
Theexpiry date of . The s of these bonds
should contain information about different s and (or)
contracts entered into by the issuer and the to
is provided at the expense of the same security, and about
liabilities of each queue.
2. Installed Precedtions
Precedtionsfulfillment applies in performance of obligations
account provided in address
recovery for deposit and/or receipt of money for
account provided, and early repayments
bonds and (or) early money commitments
issuer of the contracts.
The terms of bonds can be to be
fixed order of performance applies also
in the amount of the penalty, other penalties,
damages payable to bondholders in with
terms of their release and/or creditors according to terms
issuer of contracts.
follow-up and payment of the sum of other
penalties and damages from to the following queue
valid only after fulfillment of commitments of previous queue
and the payment of the penalty, other penalties and on
obligations of the previous queue.
3. If option on the Bonds
previous queue security was clause
issuance of s queues,
issue of previous queue bonds is allowed only by solution
common collections of s s
accepted by a majority of three quarters
people who have the general general meeting
bonds.
4. If option on the Bonds
previous queue security was clause
issuer of a contract whose monetary obligations
subject to in later queue, ,
previous queue allowed only with consent or
creditors on money to in
follow-up. " ;
14) paragraph 4 of Article 30 after
hosting appropriate pieces of paper " to complete
words " or if is provided in security
after registering it, allowing stock bonds or of Russian
depositary receipts for organized trading ";
15) in of article 39, paragraph 1 "in Chapter 2 Replace" with the words
"in articles 3-5, 7 and 8";
16) in article 42:
(a) add the following:
" 25) defines reorder in registry
management companies of specialized societies, also order
exclude organizations from the specified registry, performs oversight
for the activities of the management companies of specialized societies and
verification of this activity, directs them to resolve
violations of this Federal Law, Normative Banks
Russia; ";
b) add the following to paragraph 26:
" 26) sets requirements for and modes of
risks of the percentage of size
bonds with collateral
specialized financial for initial
creditors on obligations, money requirements
are subject to bonds, and (or) for
creditors, if the latter give way to the requirement
liabilities to specialized financial societies; ";
in) supplement paragraph 27 with the following:
" 27) sets requirements for forms and for
risks size
bonds with collateral
specialized project funding community for
original creditors by obligations, money requirements by
by on bonds, and (or)
subsequent creditors, if the latter give way to monetary requirements
with custom custom projects
financing; ";
g) add the following to paragraph 28:
" 28) defines obligations, monetary requirements by
cannot be the object for bonds
collateral. " ;
17 6 after issuers
add customcompany
societies, ", after the words" activities of issuers, " to supplement with
"management companies of specialized societies,"
18) in article 51-2:
(a) in paragraph 4:
in the first paragraph of " any two requirements of
be replaced by "any of the specified requirements";
add the following to 4:
" 4) the size of the property belonging to this person, , and order
calculations of this size are set by the regulatory of the Bank
Russia; ";
add the following to 5:
" 5) has installed normative by the Bank of the Russian Federation
education or qualification certificate. " ;
b in the first paragraph of 5 the words " any two requirements from
are replaced by "any of the specified requirements".
Article 6
Commit to Federal July 1997 N 122-FZ
On State registration property
deals with < (Meeting of the Russian Federation
1997, N 30, st. 3594; 2003, N 24, sect. 2244; 2004, N 27, st. 2711;
N 30, article 3081; N 35, sect. 3607; N 45, sect. 4377; 2005, N 1, st. 22;
2006, N 27, article 2881; 2007, N 41, sect. 4845; 2008, N 20, st. 2251;
N 52, st. 6219; 2009, N 1, sect. 14; N 19, est. 2283; N 52, st. 6410,
6419; 2010, N 15, st. 1756; N 25, est. 3070; N 49, st. 6424; 2011,
N27, st. 3880; N 49, sect. 7061; N 50, sect. 7347, 7365; 2012, N 31,
4322; N 53, st. 7643; 2013, N 30, st. 4083)
changes:
1 in article 13:
(a) Paragraph 1 of paragraph 1 should read:
" legal expertise for documents in number
legitimacy of deal ( -exclude of the certifiednotarial
transactions) and establishing no contradiction between
rights and already registered
property, as well as other grounds for in
registering rights or its suspension according to Federal Law; b) Paragraph 3, third paragraph, amend to read:
" State Registration notarial certified documents to be performed no later than five
working days following and documents
required for state registration. " ;
2) in article 16:
(a) in the second paragraph of paragraph 1, third sentence, delete;
b) Paragraph fourth 1-1 to augment with
to read: notary
cases in the paragraph of the second of the paragraph, statement
signs only enhanced qualified
notary's signature. " ;
in the second paragraph 2 to add to next
content: " When an application is filed by a notary in cases specified in
paragraph second 1 of this article, declaration
public registration and other required
public registration can
in the corresponding body
state registration rights worker a notary, with
written confirmation of his authority to make statements and others
necessary for document rights
issued by a notary and signed and sealed by a notary. " ;
g) add the following to paragraph 9:
" 9. Submitted by a notary or his to in
second paragraph 1 of this article, statement of
public registration and other required
state registration the body
State registration of rights, or
multifunction center on the day and
period of time set by third paragraph 3
true Federal Law. " ;
3) Paragraph 1 of Article 17, eleventh paragraph
revision:
" Legal forensics
registering title rights in documents, in number
testing of the legitimacy of the transaction ( notarial
certified of the transaction), is performed by the body
state registration rights,
missing legal reasons
to deny state registration of rights. " ;
4) in paragraph 5 of article 18, paragraph 5, the words " may be issued
this notary should be replaced by this notary or
notary's employee ";
5) in the paragraph 1 29 of the word " test
legitimacy of transaction and legal expertise required by " replace
words "legal expertise provided by";
6) Paragraph 4 of Article 31 Amend
revision:
" Public registration of rights by notary
certified of the organs on the state
rights registration is not responsible for the legality of the transaction. "
Article 7
Commit Federal Law 8 February 1998 N 14-FZ
"About societies with limited liability" (Collection
Russian legislation, 1998, N 7, st. 785; 2008,
N18, st. 1941; N 52, sect. 6227; 2009, N 1, sect. 20; N 29, st. 3642;
2011, N 29, article 4291), as follows:
1) 1 after " agricultural
products " add ", mortgages agents
specialized societies ";
2) paragraph append to the clause
content: " Proportion or proportion of a share in the authorized capital of a society
subject to registration in order, installed
3 of this
state registration. "
Article 8
To be included in Part Two of the Russian Federation Tax Code
( Russian Federation 2000, N 32,
3340; 2001, N 33, Art. 3413; 2002, N 22, st. 2026; 2003, N 1,
2, 6; N 28, est. 2886; N 52, st. 5030; 2004, N 27, st. 2711;
N 34, st. 3520; 2005, N 1, est. 30; N 24, est. 2312; N 52, st. 5581;
2006, N 31, article 3443; N 45, sect. 4627; 2007, N 1, sect. 31, 39; N 22,
2563; N 31, st. 3991, 4013; N 49, st. 6045, 6071; N 50,
6237, 6245; 2008, N 27, st. 3126; N 48, st. 5519; N 49,
5723; N 52, 6237; 2009, N 1, sect. 31; N 11, est. 1265; N 29,
3598; N 48, sect. 5731; N 51, 6153, 6155; N 52, st. 6455;
2010, N 19, st. 2291; N 32, st. 4298; N 47, st. 6034; N 49,
6409; 2011, N 1, st. 9, 21; N 24, st. 3357; N 27, st. 3881;
N 30, article 4575, 4583, 4587, 4597; N 45, st. 6335; N 47, st. 6610,
6611; N 48, st. 6729; N 49, sect. 7037; 2012, N 19, st. 2281; N 25,
3268; N 41, sect. 5527; N 49, st. 6751; N 53, st. 7596; 2013
N 23, st. 2866; N 40, st. 5038; N 44, st. 5640)
changes:
1) paragraph 18 of part two of Article 250 to supplement with
also for company special accounts payable
debts in the form of obligations to owners
bonds ";
2) in article 251, paragraph 1, of the word " mortgage agent
in relation to its statutory activities to replace with the < mortgage
agent or custom community in associations
activity.
Article 9
Article 7-1 of the Federal Act of 8 August 2001
N 129-FZ " On the state registration of legal
individual entrepreneurs " (Legislative Assembly
Russian Federation, 2001, N 33, article 3431; 2003, N 26, st. 2565;
2011, N 30, article 4576; 2013, N 30, est. 4084) the following changes:
1 <
legal persons "to add words",
reorganizing, eliminating a legal entity ";
2) Point 7 to add the following to "n-1":
nano-1
legal person of moveable property; ";
3 in the paragraph 8 of the " face, on of which
charged with the publishing
of thebe replaced by "appropriate legal entity".
Article 10
In the Federal Law of Nov. 29 2001 N 156-FZ
"About Investment Funds" ( Legislative Assembly Russian
Federation, 2001, N 49, st. 4562; 2007, N 50, sect. 6247; 2012, N 31,
4334; 2013, N 26, est. 3207; N 27, st. 3477; N 30, st. 4084)
changes:
1) Article 33, paragraph 2, complete with the following paragraph:
" Right requirement commitments in number
rights that will arise in the future from existing commitments or
from future obligations may only in assets
closed mutual investment funds. " ;
2) 38 after control valuable
papers "to add" and (or) with activities quality
Themanaging company of the specialized company. "
Article 11
Federal Act of 10 July 2002 N 86-FZ " On Central
Bank Russian (Bank of Russia) " (Assembly
Russian legislation, 2002, N 28, article 2790; 2003,
N2, st. 157; N 52, sect. 5032; 2004, N 31, st. 3233; 2006, N 19,
2061; 2007, N 1, st. 9, 10; 2008, N 42, st. 4699; N 52,
6231; 2009, N 1, sect. 25; N 48, sect. 5731; 2011, N 27, st. 3873;
N 43, article 5973; 2012, N 53, sect. 7607; 2013, N 27, st. 3438, 3476;
N 30, article 4084) supplement Article 71-1 as follows:
" Article 71-1. Russia has the right to set
calculation and mandatory guideline values defined by Article 62 true Federal Law as well as additional required ratios (ratio of certain assets and liabilities), magnitude and defines Russia's
credit organizations, are issuers of s
Mortgage or s s Den Bond
money requirements or
requirement for which obligations are enforced
Mortgage Agent Bond or Specialized Society Bond. "
Article 12
Amend the Federal Act of 26 October 2002 N 127-FZ
"About Insolvency (bankruptcy)" (Legislative Assembly
Russian Federation, 2002, N 43, st. 4190; 2005, N 1, st. 18;
2008, N 30, article 3616; 2009, N 1, stop. 4, 14; N 29, st. 3632; N 51,
6160; 2010, N 31, sect. 4188; 2011, N 1, sect. 41; N 29, st. 4301;
N 50, article 7357; 2012, N 31, est. 4333):
1) tenth paragraph 7 12 to complete the clause
read: " A message that contains information about solutions,
Creditor Collections, or Recognition of the Meeting
failed, to include arbitration
bankruptcy in
five workdays days
meeting creditors others -
working days from the arbitration's control
meetings of creditors. " ;
2 in article 13:
(a) in the paragraph of
info-exclude;
b) add the following to paragraph 4:
" 4. Meeting creditors
enabling to by the unified federal registry
bankruptcy in
true Federal Law, not less than fourteen days
before the date of the meeting of creditors. " ;
3) add the following paragraph to article 16, paragraph 7:
" In if in of the debtor's bankruptcy interests
creditors - owners of s
correspondence with Russian
papers representative of bondholders, in requirements registry creditors specify requirements
specified creditors and delegate
bonds. Details of each creditors- owner of bonds
this is not specified. " ;
4) Article 18-1 complete with the following content:
" 2-1. If
banking requirement of the insolvency on
obligation secured by a guarantee of banking
accounts, not larger than
cash collateral on delivery date
paragraph 2 of this article of the insolvency creditor, but not
more size secured by contract of bank account
requirement by write-off by the bank's account
debtor and issuance of their to the appropriate of the insolvency or
will be credited to the account specified by such a creditor.
Unsatisfied requirement of the insolvency
obligations that were secured by the rights on
bank accounts, satisfied as part of creditors ' creditors
third queue. " ;
5) paragraph 20-7 to add to the paragraph
content:
" At this point, the amount of payment for the services of a person determined according to
with this may be exceeded by arbitration in
case, if size is covered by
insurance 2
24-1true federal law of minimum insurance amount
under the compulsory liability insurance contract
control. " ;
6) article 40 (2) to add or in
Russian Federation or
federal law, other confirming delegate authority
competitive creditor or insolvency representative document ";
7) add the following paragraphs to article 71, paragraph 4:
" In if in of the debtor's bankruptcy interests
creditors- owners of bonds
correspondence with Russian
papers rep of bonds, in definitions requirement
creditors specify the total size of claims of specified creditors
and the order of preference for requirements in
true federal law, as well as the order of satisfaction
requirements in with of the release
bonds.
An objection by the interim timestamp control request
{ \cs6\f1\cf6\lang1024
} s
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
creditor claims registry in case of bankruptcy
debtor creditors s
of the respective release represents a defined according to
Russian Securities
representative of bondholders. " ;
8) 4 100 to add paragraphs next
content:
" In if in of the debtor's bankruptcy interests
creditors- owners of bonds
correspondence with Russian
papers rep of bonds, in definitions requirement
creditors specify the total size of claims of specified creditors
and the order of preference for requirements in
true federal law, as well as the order of satisfaction
requirements in with of the release
bonds.
Objections of the external of the requirement of
{ \cs6\f1\cf6\lang1024
} s
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
creditor claims registry in case of bankruptcy
debtor creditors s
of the respective release represents a defined according to
Russian Securities
representative of bondholders. " ;
9) in the third paragraph of Article 133 of the word " implementing
depositary activity " replace with " special
deposit accounts, clearing accounts, and collateral accounts ";
10) in article 138:
(a) supplement paragraph 2-2 with the following:
" 2-2. The obligation of on the obligation,
rights on a bank account rights, granted by
write-off by bank based on the order of the insolvency estate
money from a debtor's collateral account and issuing them to the creditor
the obligation, by on on
bank accounts, or enrollment on the specified
creditor.
Requirements for the creditors
seventy %
cash collateral, and in the case of rights
requirement for the bank account
lender to contract, eighty percent
available in the account, but not
rights secured by contract of bank
requirements.
Cash remaining after requirements
creditors, s
Therules covered by paragraphs 1 through 2 to 1 of this article.
Unsatisfied requirement of the insolvency
obligations that were secured by the rights on
bank accounts, satisfied as part of creditors ' creditors
third queue. " ;
b) in paragraph 4:
2nd indent with words " unless otherwise
true Federal Law ";
fourth paragraph after between by the insolvency
obligation, by the property of of the debtor, , and
competitive to add to
insolvency creditors on obligations, bail
of the same property of the debtor, ";
11) paragraph 2 of Article 150 add " or in
cases, of the international contract
Federation or federal law, other document ";
12) Paragraph 1 of Articles 158 in next
revision:
" 5. In the approval of the world agreement, can be
with , rep
Global agreement exceeds authority granted
international treaties of the Russian Federation
federal law, other federal laws, power of attorney
or parent documents of a creditor, other documents, if
will be proven that the person in effect from of the debtor knew
or may not be aware of such limitations. " ;
13) add chapter XI with the following:
§ 3. Bansom of specialized society and mortgage
agent
Article 230-1. Considerations for applying for recognition
Bankrupt specialist society
1. The Society's Society
bankruptcy is filed according to by law
Russian Federation about security owners
company's custom (hereinafter- representative
owners of bonds
owners of bonds.
For bond issues with one collateral of two
and more releases declaration of a specialized society
bankruptcy is served by a representative of bondholders based on
{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024
}
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}
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}
execution
commitments is implemented in the first line
other of the company's custom .
Meeting the General Meeting of Other Bond Owners
is not required.
The of the recognition
specialized society bankruptGeneral
collections of bondholders and a certified true copy
decision to issue bonds.
2. Competitor of a specialized society not to the right
recognition
specialized society bankrupt if data
right was limited in of the contract between such and
specialized society < > and
(or) certain circumstances that
the specified statement is not here. 3. For the head of the debtor, that is specialized society, duty,
true Federal Law, does not occur if according to
Charter of Specialized Society in Arbitration Court
a declaration of bankruptcy granted to dependency
due date and/or circumstances,
which was not at the time of the application.
Article 230-2. Review of the bankruptcy case
specialized company
1. The
set by this Federal Law, accepts the
recognizing the specialized of the bankrupt and opening
competitive production and approves of competition ofin
month from the date of acceptance to the declaration of recognition
Thespecialized company is bankrupt.
Monitoring, Financial Recovery, and External
bankruptcy of a specialized society is not applied.
2. Information on the Recognition of a Specialized Society Bankrupt
and competitive production to be included in Single
federal bankruptcy information registry in order, installed
article 28 of the Federal of the law, without
official publication.
Creditors according to Article 71 of this Federal
law has the right to submit to custom
society within a month from the inclusion recognition
specialized bankrupt and discovery
production in the Unified Federal Register of Bankruptcy Details.
3. In the event in of the bankruptcy of of the debtor
lenders - owners of represent rep
bondholders, such a rep to be notified
receive creditors ' claims. Notice of each of the creditor -
Thebearer of the bonds is not required.
4. Along with the faces
Federal of the law, by the person in the case
specialized company, recognized delegate
bonds.
Article 230-3. Requirements for Requirements
collateral lenders
1. s collateral requirements
content within the requirements of the third queue (s)
features included in Article 138 of this Federal
law.
If in the bankruptcy of the creditors
owners of bonds with collateral
defined in matches Russian
Federation rep of bonds
money funds, received after implementation of property
part security in order, installed
Article 138 of this Federal Law is credited
controls on a special account owner
for later calculation with creditors- owners of s
with
bonds. issus of the company's s
one lair for two or more editions satisfaction
Bond owner requirements for each issue
enlistment
representative of bonds to cash
funds, received by after implementation of property,
collateral security, in order,
true Federal of the law, matches with the order of
fixed condition for these bonds, for
Calculations by Owner of Bond Owners
with the order,
Russian
papers. s of s
creditor claims with collateral are satisfied in
compliance with the order of precedence of
bonds.
2. Sale of property, the collateral collateral
bonds of a specialized company, run in order,
Article 138 of this Federal Law, with
features that are specific to this article.
Order, tendering conditions, and initial sales price
property, collateral collateral
specialized societies, defined by the representative
bondholders with such collateral
decision of the meeting of the listed bonds,
absence of owners of s or
not of the common meeting
these bonds are the insolvency representative.
Article 230-4. Transfer of collateral component
provision of specialized bonds
societies
1. Property, collateral of bonds
specialized company, in requests
will be in from from from from
obligations, can be passed to collections
creditors and in the order, by the solution, other
specialized society with adoption of custom
all of the
bonds.
2. The transfer of property, of the security collateral
bonds of a specialized company, other specialized
society allowed if marketplace
specified property exceeds cumulative size
such bonds ten percent. This
market value of property whose is implemented in
compliance with of this Article, is determined by the evaluator
attracted arbitration-control for specialized
Thedebtor society.
The appropriate evaluation report should be enabled
bankruptcy in
procedure specified by Article 28 of this Federal Law.
report
point, is based on transmissions
Bail item.
3. If items remain of specialized
societies after posting of collateral, not enough to pay
expenses, Requirements by
Requirementscreditors of the first and second queues, custom
to pass object to matches with
article, must list money on special
bank's bank account under with
true federal law within
such requirements in the following order:
no more than twenty percent of the market value of the item
pledge specified in this article, for requirements
first and second queue creditors;
no more than ten percent of the market of the item
collateral specified in Article, for repayments
expenses, expenses payment to arbitration
and payment for persons of the
responsibilities.
4. Money with of the special bank account
Thedebtor is written off on the control's control
in and s
provided for paragraph 3 of this article, and cannot
other or obligations of the debtor
control. bank
debtor may not be reprimanded otherwise
liabilities of of the debtor or arbiters
control.
5.
Transforming Property Transfer Capability
specialized societies, arbitration
submits an evaluation report of the specified property and calculation of amounts
and creditors ' creditors' requirements
paragraph 3 of this article, date
meetings of creditors that
arbitration court with motion to transfer the specified property.
6. The goals of the property, of the property
Society's Society's Bonds
creditors decide to address in the
An application for the transfer of the said property. this request
included collections protocol
estimatespecified in paragraph 2 of this article and document, confirming
remittance to special bank account, in
Thecase referred to in paragraph 3 of this article.
7. Based on the results of the review of the petition of a collection of creditors
about the transfer of bond collateral
specialized company, arbitration rules out:
about this request and of
transmissions
covered by this article;
non-compliance conditions of this
article.
8. In the case of a determination of transfer by an arbitral tribunal
property, collateral collateral
specialized societies, money
order in paragraph 3 of this article, special
bank account of the debtor, referred to the appropriate
expenses and claims of creditors.
Expense { \cs6\f1\cf6\lang1024
}
paragraph 3 of this article is implemented during ten workers
days from the date of legal of the definition of
vessels of transfer of property, security collateral bonds of a specialized society. Secured Creditor Requirements
passed in accordance with this article, exempt
control from the creditor's claims registry.
9. In the event of a determination of the by the arbitral tribunal
in repetitions of transmissions
property, collateral collateral
specialized societies, money
order in paragraph 3 of this article, special
Thebank account of the debtor is to be returned.
Article 230-5. Mortgage Agent Bankruptcy Features
1. Claim for Recognition of a Mortgage Agent by bankrupt
according to Article 230-1 of this paragraph.
2. The case of the agent's mortgage
is implemented by the rules of Article 2302-2 of this paragraph. "
Article 13
Make the Federal Law from 11 November 2003 N 152-FZ
About Mortgage Securities " (Legislative Assembly of Russian
Federation, 2003, N 46, st. 4448; 2005, N 1, st. 19; 2006, N 31,
3440; 2012, N 26, st. 3436; N 53, st. 7606; 2013, N 30,
4084) the following changes:
1) in article 7:
(a) Part 2:
" 2. Russia's Bank sets for the organizations,
mortgage issus, requirements
requirements set by other federal laws. " ;
b) add the following to Part 3:
3. The credit organization does not have the right to emit
mortgage bonds, if it does not fulfill requirements or mandatory standards, set by Russia's in compliance with Federal Law from 10 July 2002 N 86-FZ The Central Bank of the Russian Federation (Central Bank of the Russian Federation) federal laws or provisions of this article. " ; 2) in article 8: a) Part 1: Paragraph first add
issue of bonds with a mortgage ";
The third paragraph should read:
" Mortgage can have and rights
civic responsibilities required for to implement
activity, including purchased money
requirements and other property, loans (loans)
restrictions set by the mortgage agent, insurer
risk of failure to perform on bonds
mortgage agent and (or) risk because of
obligations for mortgages and Mortgage agent requirements, to perform other deals, targeting
enhance, maintain the agent's mortgage or
reduced risks of loss, responsibilities before
third parties related to the and execution
on bonds with
activity of a mortgage agent. " ;
in the fourth paragraph to add to " or
limited liability company ";
b) add the following to Part 5:
" 5. s s subs
paragraph 2 paragraph 4 and 7 15 -1
Articles 3, 5, 6, 7, and 10 of 15-2 of the Federal
April 22, 1996 N 39-FZ "About the Securities Market " In
sub-prime agents are not subject to the rules provided for in paragraph 4
Articles 90 and 99 Civil of the Russian Civil Code
Federation, Article 35, paras. 4-12, Chapter IX (Acquisition Part)
and redemption of stock holdings), chapters X, XI and
XI-1 of the Federal Law of 26 December 1995 N 208-FZ
About joint-stock companies, articles 20 and 20, paragraphs 3-5,
24, 45 and 46 Federal Law From 8 February 1998 N 14-FZ
"About Limited Liability Societies". " ;
3) paragraph of Part 2 11 in next
revision:
" In case of single-mortgage bond issues, two and
more releases of issuers have the right to prioritize
liabilities s mortgages different
releases. with s
s Mortgage Each
queue is only allowed after
with on s s
mortgage coverage of the previous queue. " ;
4) add the following content to Part 4:
" 4. Rules Articles 27-3, 27-3-1, 27-5-6
Federal On the Securities Market
Mortgage securities. " ;
5) Part 1 of Article 14 add ", in other cases
s
consent
;
6 in article 15:
(a) Part 1 add the following paragraph:
" In case of single-mortgage bond issues, two and
more editions
on s s
release,
first queue for Other bonds
Secured Mortgage Coatings. General
Shareholders Meeting Mortgage
coverage is not required. " ;
b) Part 2 is void;
7) Part 16-2 to add paragraphs next
content:
" If in the bankruptcy of the debtor creditors
owners of bonds with represent
defined in matches Russian
Federation rep
bonds, after implementation of property, mortgage
covering, money funds, to satisfaction
request of owners of bonds, are credited
insolvency representative to a special account for this for
with creditors
mortgage coating in accordance with the issue of the bond issue.
In the case of and editions of with
Mortgage satisfaction for owner requirements
every is implemented by the enlistment
controls on a special account owner
each release of the money that make up the mortgage and
received from property implementation, part of mortgage
coverage, according to of the condition
issue of these bonds, for the subsequent
owners of bonds with owners of bonds with mortgages
within each release according to the law, if is not
is an agreement between them. "
Article 14
Commit to Federal Law from 2 October 2007 N 229-FZ
"About executive production" ( Legislative Assembly
Russian Federation, 2007, N 41, st. 4849; 2009, N 1, st. 14;
N29, st. 3642; N 39 4540; 2011, N 7, st. 905; N 27, st. 3873;
N 30, article 4573; N 48, st. 6728; N 49, sect. 7014, 7061, 7067; N 50,
7347, 7357; 2012, N 31, est. 4333):
1 in article 69:
(a) in Part 3 the words "trading and (or) the clearing" replace
words "pledge, nominal, trading, and (or) clearing";
b) Part 8 after organizations " "
words ", owners of nominal bank accounts";
2) Part 8 of Article 70 with words " or otherwise,
provided by federal law ";
3) add the following to article 72-1:
" Article 72-1. Collection considerations
debtor money in
collateral bank account and
A nominal bank account
1. The collection of on the money of the debtor
bank-based bank accounts not exceeding
secured obligation, only in
satisfaction of obligations claims, secured by a
rights under a bank account, as well as the requirements of creditors,
content-satisfied mainly before the requirements of the lock holder,
of the debtor for for full
Satismeeting the requirements of the listed individuals.
2. The debtor's debts are not allowed to be accessed
funds in a nominal bank account or
accounts owned by the debtor.
3. The Money of the debtor
beneficiary is implemented in order,
true Federal Law. " ;
4) Part 5 of Article 81 add " or to in nominal
bank account owned by another person. "
Article 15
Part 4 of Article 1 of the Federal Law of July 18 2011
N 223-FZ " About goods, works, services individual
legal entities(Russian Federation Collection
2011, N 30, article 4571; N 50, sect. 7343; 2012, N 53, st. 7649; 2013
N23, st. 2873; N 27, sect. 3452) augment with the
content:
" 10) a definition, election and of thedelegate
bearer bonds in accordance with Russian
Securities.
Article 16
Paragraph 6 of Part 3 of Article 4 of the Federal Law of 21 November
2011 N 325-FZ "On organized tenders" (Collection
Russian legislation, 2011, N 48, article 6726; 2013
N 30, article 4084) to be supplemented with the words ", contracts of repo".
Article 17
Commit to Federal Law from 2 October 2012 N 166-FZ
" About changes in Basics
Federation of Notariate and Specific Legislative Acts
Federation (Russian Federation Law Assembly, 2012,
N 41, article 5531) the following changes:
1) Articles 1 and 2, delete;
2) Article 4 should read:
' Article 4
This Federal law is in the for with 1 July
2014. "
Article 18
Commit paragraph 5 of the Federal Law from 23 July
2013 N 210-FZ " On changes in Federal
"About the securities market" and individual legislative acts
Federation (Russian Federation Law Assembly, 2013,
N 30, article 4043) the following changes:
1) replace ten working dayswith
words "seven workdays";
2) in paragraph 13 of " normative legal acts
Federal Executive Body for Securities Market
be replaced by "Bank of Russia regulations";
3) Paragraph 15, amend to read:
" 10. The of the
rights and responsibilities must be in the interest of
all owners of the corresponding release bond in good faith and
wise. A representative of the owners of the bonds is entitled to attract the other
persons to perform their duties. In this case the representative
bond holders are responsible for the actions of the listed individuals as their
native. " ;
4 in the paragraph the first word <
legalacts of the federal executive branch
papers 'replace' with Bank of Russia regulations ';
5) in < < <
executive power of the securities market 'replaced by' Bank'
Russian;
6) add the following new paragraph to the thirtieth paragraph:
" 8-1) declare requirements on behalf of bondholders in business
bankruptcy of and (or) of the
collateral;
7 paragraphs thirtieth- 40
paragraphs 30-first-forty-fourth;
8) Paragraph Fourth count
to read:
" owners of bonds, related
arbitration ,
bonds, if required by their release terms, and (or)
account owner account. " ;
9) add the following new paragraph to the forty-sixth paragraph:
" In the event that the owners of are bonds,
related to arbitration, were paid for separate
owner or owners of bonds, specified expenses reimbursed
cash awarded to company owners
lawsuit against and (or) to the person who provided
to provide issuer bonds. " ;
10) add the new paragraph to the next
content:
" 13-1. If accepted by the general meeting of the owners of the bonds
the implementation (enforcement) of the right to access in
requirement for a bond issuer and (or) to the person who provided
issuers
bonds right payment
or Issuer s
representative of owner-related bond owners
such a requirement. " ;
11) Paragraph fifth-
accordingly forty-eighth-fifty-fifth;
12) Paragraph 56 in the 56 paragraph
in this second sentence should be rewritten: " Specified
The list is maintained by the Bank of Russia and
Russia's Information and Telecommunications Network
"Internet." ;
13) the 4th paragraphs and Five count
, respectively, paragraphs of the fiftyseventh and fifty-eighth;
14) Paragraph 56 of the fifty-ninth paragraph
in it the legal legal s
securities market to replace with
"Bank of Russia regulations";
15) paragraphs of the 60 8
, respectively, paragraphs 60 to 70 first;
16 add the new new to the next
content:
" 3-1. If the owners of the bonds have been elected
collection of bond holders, issuers
money special
bonds. " ;
17) Paragraphs sixty-ninth- 99 -fourth count
, respectively, of the seventy-third paragraphs;
18) Paragraph 90-ninth paragraph and
in him the " federal executive
market authoritysecurities 'replace with' Bank of Russia ';
19 paragraphs 6th- one-hundred fourth count
paragraphs in hundredth-108th;
20) add the following new paragraph to one of the following:
' 7-1) Implementing the Right to Access the Court
requirement for a bond issuer and (or) to the person who provided
providing issuer bonds, with
the declared bankrupts; ";
21) paragraphs five- one-thirty
second count, respectively, one hundred and ten-one hundred and thirty-seven.
Article 19
To be void:
1) paragraph 2 of Article 1, paragraph 38 of the Federal Act
7 August 2001 N 120-FZ " About changes and
Supplements to the Federal Law "On joint-stock companies" (Assembly
Russian legislation Federation, 2001, N 33, st. 3423)
parts replacing words in paragraph 1 of Article 51;
2) Paragraph 2 of Article 8 of the Federal Law
November 2, 2004 N 127-FZ " About changes in parts
First and Second Tax Code of the Russian Federation and some
other legislative Federation
recognition of individual pieces
(Legislative Provisions) of the Russian Federation (Assembly
Laws of the Russian Federation, 2004, N 45, art. 4377);
3) paragraph 8 of the Federal Law from 29
December 2004N 193-FZ " About making changes to Federal About Mortgage Law
securities " (Collection of the Russian Federation
2005, N 1, art. 19);
4) paragraph 16 of Article 1 of the Federal Law of July 27,
N 146-FZ " About making changes to the Federal Law On Shareholdings
Societies " (Russian Federation Law Assembly, 2006,
N 31, sect. 3445);
5) Article 1 of the Federal Law of July 19, 2009 N 205-FZ
" About making changes to individual legislative acts
Federation (Russian Federation Law Assembly, 2009,
N29, st. 3642).
Article 20
1. Not later than 1 January 2018 notaries, in
state notary office, and notaries,
private practice, must be executed navigation transition to
all notarial actions in
system information registry
Notaries. By the decision of the notarial of the Chamber of the
Federation for All Notaries of the Relevant Subject Russian
Federation can be earlier to
Registration of notarial actions in electronic form.
2. From January 15, 2016 until to go to registration
all notarial actions in
notaries contribute in the registry
information of the Notation
executive label, authentication
applicants
individual entrepreneurs, identity cards sent
on alienation or of the share in the authorized capital of societies with
limited liability, shares or percentage of shares
in Restricted capital Restricted
management
Federal Law of Dec. 29 2015 N 391-FZ-Assembly
Russian legislation, 2016, N 1, article 11).
3. Until July 2014 of the Federal
control
notaries, must approve normative legal s
legislative actions
Federal law.
4. Notarial chambers should cast their constituent
documents in compliance, and the Federal Notary Chamber,
that, form the Federal notarial of the room in
correspondence with the Russian Federation
notaries of February 11, 1993 N 4462-I (in editions of
Federal Law) by June 1, 2014.
Article 21
1. This Federal Law is in effect 1 July
2014, except for provisions for which this
has different deadlines for the entry into force.
2. Paragraphs 1 to 5, "a" and of the paragraph "b"
para. 6, paras. 7, 8, 10, 11, paragraphs 4 and 7
b of para. 13, paras. 17, 19, 21, 22, 23, 24, 25, 26 and 28 of Article 2,
Article 6, paragraphs 2 and 5 of 19 of the Federal
takes effect from February 1, 2014.
3. Article 3, paragraphs 2 to 5, subparagraphs (a) to "in" paragraph 1,
2-6, 8, 14, 15, Article 5, Article 9, paragraphs 1 and 3, paragraphs 5, 6, paragraph
third sub-paragraph 10, paragraphs 11 and 12 Articles 12, Articles
16, 17, 18, 1 and 4 20 style="mso-spacerun:yes">
The federal law comes into force on January 1, 2014.
4. Article 5, paragraph 7 of this Federal Law shall enter into
power from January 1, 2015.
5. Paragraph 10 of Article 7, paragraph 7, of the Federal
from 26 October 2002 N 127-FZ " On insolvency
(bankruptcy) " ( of the Federal of the law)
used in for collections of s dates
which are assigned after January 1, 2014.
6. The provisions of article 13 (2) and (4) of the Federal Act
26 October 2002 N 127-FZ " On insolvency
(bankruptcy) " ( of the Federal of the law)
applies to creditors ' meetings,
was not notified as of 1 January 2014.
7. Articles 16, 71 and 100 of the Federal Act
26 October 2002 N 127-FZ " On insolvency
(bankruptcy) " ( of the Federal of the law)
used when setting the size of creditors ' claims after
July 1, 2014.
Russian President Vladimir Putin
Moscow, Kremlin
21 December 2013
N 379-FZ
