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On Amending The Law Of The Russian Federation "on The Organization Of Insurance Business In The Russian Federation"

Original Language Title: О внесении изменений в Закон Российской Федерации "Об организации страхового дела в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW OF THE RUSSIAN FEDERATION July 2013 Approved by the Federation Council on July 10, 2013 (In the federal laws 28.12.2013 N 410-FZ; of 02.04.2014 N 57-FZ; dated 29.06.2015 N 210-FZ Article 1 Amend the law of the Russian Federation of 27 November 1992 N 4015 -I " On OF THE PRESIDENT OF THE RUSSIAN FEDERATION 56; Legislative Assembly of the Russian Federation, 1998, No. 1, art. 4; 1999, N 47, sect. 5622; 2002, N 12, st. 1093; N 18, sect. 1721; 2003, N 50, sect. 4855, 4858; 2004, N 30, sect. 3085; 2005, N 10, est. 760; N 30, est. 3101, 3115; 2007, N 22, st. 2563; N 46, sect. 5552; N 49, sect. 6048; 2009, N 44, sect. 5172; 2010, N 17, sect. 1988; N 31, sect. 4195; N 49, sect. 6409; 2011, N 30, sect. 4584; N 49, sect. 7040; 2012, N 53, sect. 7592; Russian newspaper, 2013, July 2) the following changes: 1) in article 1: (a) in paragraph 1 of the word "public" delete; (b) paragraph 2 should read: " 2. The relations referred to in paragraph 1 of this article are also governed by federal laws and regulations of the Central Bank of the Russian Federation (hereinafter referred to as the Bank of the Russian Federation) and in the cases provided for by federal laws adopted in of the Russian Federation (hereinafter referred to as the normative legal acts) of the Russian Federation "; in paragraph 3 of the word" and other normative legal acts "to be replaced by the words", other regulatory legal acts and regulations of the Bank Russia; (2) in article 2, paragraph 2, of the words ", actuaries of actuaries", should be deleted; 3) in article 3, paragraph 3: Replace "refusals" with the words "the duration of the insurance payment, as well as an exhaustive list of grounds for refusal"; add the following paragraphs to the following paragraphs: " Rules of insurance (with the exception of the insurance rules adopted under the international insurance schemes of civil liability of vehicle owners to which the Russian Federation has acceded) should also contain exhaustive list of information and documents required for the conclusion of the insurance contracts, insurance risk assessment, determination of loss or damage, and, in addition, the timing and order of the decision on the implementation of the insurance payout, and for life insurance contracts, the calculation of the amount of the purchase amount and Accrual of investment income, if the contract provides for the participation of the insurer or other person in favour of which the life insurance contract is concluded in the investment income of the insurer. The Bank of Russia has the right to determine in its regulations the minimum (standard) requirements for the conditions and procedures for the implementation of certain types of voluntary insurance. As per the requirements of insured persons, insured persons, beneficiaries, and those who have the intention of entering into a contract of insurance, the insurers are obliged to explain the provisions contained in the insurance rules and insurance contracts, provide information on the amount of remuneration paid to the insurance agent, the insurance broker on compulsory insurance, the calculation of the change over the life of the insurance policy, the calculation of the insurance payment or the payment of the insurance. (if such conditions are provided by the insurance policy) life), information on ways of accruing and resizing investment income under life insurance contracts concluded with the participation of the insurer or other person in favour of which the life insurance contract is concluded in the investment The income of the insurer. "; 4) Article 4 should read as follows: Article 4. Insurance objects 1. Life insurance objects can be property interests related to the living of citizens up to a certain age or time or other events in the life of citizens, as well as their death (life insurance). 2. Accident and illness insurance can be property interests related to injury to the health of citizens, as well as to their death as a result of an accident or illness (accident and illness insurance). 3. Medical insurance objects can be property interests related to the payment of the organization and the provision of medical and medicinal assistance (medical services) and other services due to an impairment of the health of an individual or a condition A person who requires the organization and delivery of such services, as well as preventive measures that reduce the level of danger to the life or health of the physical person of the threats and/or medical insurance. 4. Property and property interests may be related to the risk of loss (death), loss or damage to property (property insurance). The financial risk insurance objects in the property insurance may be the property interests of the insured person (insured person) associated with the risk of non-receipt of income, the creation of unforeseen expenses of natural persons, Legal entities (financial risk insurance). (In the wording of Federal Law of 28.12.2013) N 410-FZ) 5. Enterprise risk insurance objects can be property interests related to the risk of business losses due to the breach of their obligations by the entrepreneor or changing the conditions of the entrepreneor Activities for circumstances beyond the control of the entrepreneo, including the risk of not receiving the expected revenues (insurance of entrepreneurial risks). 6. Liability insurance objects can be property interests related to: 1) the risk of liability for damage to life, health or property of citizens, property of legal persons, municipal property OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. The facilities referred to in paragraphs 1 to 3 of this article relate to personal insurance, the objects referred to in paragraphs 4 to 6 of this article relate to property insurance. 8. Unless otherwise specified by the federal law, the combination of objects belonging to the different types of property insurance under paragraphs 4 to 6 of this article and personal insurance provided for in the insurance is permitted. 2 and 3 of this article, or only personal insurance objects covered by paragraphs 1 to 3 of this article (combined insurance). "; 5) in article 4-1: (a) in paragraph 1: sub-paragraph 2 "including reinsurance organizations"; in subparagraph 6 The word "insurance" should be deleted; subparagraph 7 should read: " 7) The Bank of Russia, which is responsible for regulation, control and supervision of insurance activity (insurance business) (hereinafter the insurance body). Supervision); "; to add the following to subparagraph 9: " 9) specialized depositaries. "; (b) in paragraph 2: in the first word, insurance brokers and insurance actuaries to replace" and insurance brokers "; in paragraph 2, except The activities of the insurance actuaries, which are subject to the qualification "to be deleted; to supplement the following paragraphs: " The single State register of the insurance entities shall contain information about the subject of the insurance case, its name, place of residence, manager, participants (shareholders), number, date of issue, period of validity of the license, type of insurance activity for which the license was issued, the types of insurance that are carried out within the framework of the relevant type of insurance activity (for insurance organizations the mutual insurance company), the domain name and (or) the network address of the official website of the subject of the insurance business in the Internet information telecommunication network, the branches and representative offices of the insurer and their location, the adoption Decisions on suspension, renewal of the license or revocation (revocation) of license, cause and date of exception from the single state register of the entities of the insurance business. If the information about the subject of the insurance case is changed, the relevant information shall be entered into the single state register of the subjects of the insurance business not later than five working days from the date of modification of the said information. "; 6) In article 6: (a), paragraph 1 should read: " 1. Insurers-insurance organizations and mutual insurance companies established under the laws of the Russian Federation for the implementation of insurance, reinsurance, mutual insurance and licensed Implementation of the appropriate type of insurance activity in accordance with the procedure established by this Law. Insurance organizations exclusively engaged in reinsurance activities are reinsurance organizations. "; b) in paragraph 2: in the second paragraph of" paragraph 1 ", replace by" paragraphs 1 to 3 "with" paragraph 2 and 2, paragraph 1, replace by the words "paragraphs 2 to 6"; to be supplemented with the following paragraphs: " As a result of each reporting year, the activity of the insurance organization, the society of mutual insurance shall be obligatory. Actuarial valuation by the responsible actuary. Actuarial opinion, prepared on the basis of the mandatory actuarial valuation, is submitted by the insurer to the insurance supervisory authority together with the annual accounting (financial) accounting. Insurers are required to maintain a separate record of the costs of compulsory insurance in the manner determined by the insurance supervisory authority. "; , paragraph 3, amend to read: " 3. Insurance organizations, which are subsidiaries of foreign investors (main organizations) or which have a share of foreign investors in their authorized capital of more than 49%, cannot be carried out in the Russian Federation Insurance of citizens ' life, health and property through funds allocated to the federal executive (insurants) from the corresponding budget, insurance related to the procurement of goods, works, services for State and municipal needs, as well as insurance The property interests of State organizations and municipal organizations. Insurance organizations, which are subsidiaries of foreign investors (main organizations), or which have a share of foreign investors in their authorized capital of more than 51 per cent, cannot be carried out in the Russian Federation. Federations of the type of insurance covered by the first paragraph of this paragraph, as well as the insurance of personal insurance objects under paragraph 1 of Article 4 of this Law and compulsory insurance of civil liability of owners of transport vehicles. funds. For the purposes of this Act, foreign investors are recognized as foreign organizations entitled to carry out in the procedure and under conditions established by Russian legislation, investments in the territory of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION If the size (quota) of foreign capital participation in the authorized capital of insurance organizations exceeds 50%, the insurance supervisory authority stops issuing licenses for insurance activity Organizations that are subsidiaries of foreign investors (main organizations) or have a share of foreign investors in their authorized capital of more than 49%. The size (quota) of the participation of foreign capital in the authorized capital of insurance organizations is calculated by the insurance supervisory authority annually as of 1 January in accordance with the established order on the basis of the statutory capital of insurance organizations. Organizations as at 1 January of the current year. Information on the amount (quota) of foreign capital participation in the authorized capital of the insurance organizations, the introduction or termination of the restrictions on foreign investments envisaged in the paragraphs 4 and 7 of this paragraph is to be published The body of insurance supervision in a certain printed publication is posted on the official website of the insurance supervisory authority in the information and telecommunication network "Internet" within ten days from the day of the corresponding decision. The Insurance Organization is required to obtain the prior authorization of the insurance supervisory authority to increase the amount of its authorized capital at the expense of foreign investors and/or their subsidiaries Foreign investors (including the sale to foreign investors) of their shares (shares in the authorized capital), and Russian shareholders (participants) are required to obtain prior authorization from the insurance supervisory authority for the alienation of their shares. (share in the charter capital) of the insurance organization in favour of foreign investors and (or) their subsidiaries. If the size (quota) of the participation of foreign capital in the authorized capital of insurance organizations is exceeded, the insurance supervisory authority shall refuse to grant prior authorization to the insurance organizations which are the subject of In the case of foreign investors (main organizations) or foreign investors in their authorized capital, more than 49 per cent or become so as a result of these transactions. Payment by foreign investors of their shares (shares in authorized capital) of insurance organizations is made exclusively in monetary form in the currency of the Russian Federation. "; , paragraph 4: paragraph 1 The following wording: " 4. The insurance organization, which is a subsidiary of a foreign investor (the main organization) or has a share of foreign investors in its authorized capital of more than 49%, has the right to carry out in the Russian Federation insurance activity, if the foreign investor (the main organization) is an insurance organization for at least five years in accordance with the law of the State concerned. "; second paragraph (d) supplement paragraph 4-1 with the following: table of contents: " 4-1. The prior authorization of the insurance supervisory authority in the cases referred to in paragraph 3 of this article shall be issued within thirty days of the date of receipt by the insurance supervision authority of the declaration and documents annexed to the declaration and the relevant documents. The list of documents required for the receipt of the prior authorization approved by the insurance authority. "; (e) paragraph 5 shall be declared void; (g) to be supplemented by paragraph 6, as follows: " 6. In order to reach insured persons, insured persons, persons who have the intention to sign an insurance agreement, the insurer must have its own website in the information and telecommunications network "Internet", which houses, inter alia, the following information: 1) the full name, address (location), telephone numbers, mode of operation of the insurer, its branches and representative offices; 2) information about managers, shareholders (members, members) of the insurer; 3) information about the legal documents, including the main State registration number, the identification number of the taxpayer, the registration number in the single state register of the subjects of the insurance business, and Insurer's license and term of validity; 4) list of existing insurance types; 5) insurance and insurance rates; 6) annual accounting (financial) reporting by the insurer and its reliability of the audit certificate for the three previous audits Report of the year; 7) annual consolidated financial statements and its validation of the audit opinion for the three previous reporting years; 8) ratings assigned to the insurer by rating agencies (in the case of ); 9) information about the activity of the insurer, the experience of its work by type of insurance; 10) information on participation in professional associations, unions, insurers ' associations; 11) other information, need to be published by law The Russian Federation or arises from usages of business turnover. "; (s) to supplement paragraph 7 with the following: " 7. The information referred to in paragraph 6 of this article on the activities of the insurer is to be placed on the insurer's website in the Internet Information and Telecommunications Network within five working days from the date of the insurer's decision, and if it is necessary to register or notify the authorized body of the decision-from the day of registration or notification, respectively. The requirements for the order of the insurer referred to in paragraph 6 of this article are fixed by the insurance supervision authority. "; and) to supplement paragraph 8 with the following: " 8. The Insurer is obliged to keep documents containing the information specified in paragraph 6 of this Article on electronic media during the period provided for by the law on archives in the Russian Federation and submit them at the request of the body of the insurance supervision within fifteen working days from the day of receipt of the request. "; c) to supplement paragraph 9 with the following: " 9. For the purposes of this Act, an insurance group is not a legal entity that has a legal entity in which one legal entity or several entities (hereinafter referred to as the insurance group) are under control, or the significant influence of one insurance organization (hereinafter referred to as the main insurance organization of the insurance group). Control and significant impact on the determination of the insurance group's participants and the lead insurance organization of the insurance group are determined in accordance with the International Financial Reporting Standards recognised in the territory The Russian Federation. "; l) to supplement paragraph 10 with the following: " 10. The restrictions imposed by paragraphs 1 and 2 of paragraph 3 and paragraph 4 of this article do not apply to insurance organizations that are subsidiary to foreign investors (main organizations) or have a share Foreign investors in their authorized capital of more than 49%, created or reorganized until August 22, 2012, and in accordance with the legislation of the Russian Federation in force on that date, were entitled to carry out insurance The activities referred to in paragraphs 1 and 2 of paragraph 3 and paragraph 4 of this article. "; 7) Article 8 should read as follows: Article 8. Insurance agents and insurance brokers 1. Insurance agents, insurance brokers and reinsurance companies are understood to be activities carried out in the interests of insurers or insured persons and related to the provision of insurance services to the insurer and/or the insurer (reinsurer), insurance (reinsurance) conditions, formalizing, signing and maintenance of the insurance (reinsurance) contract, making changes, registration of documents in settlement of claims for insurance payment, interaction with Insurer (reinsurance), consulting activities. Similar activities carried out by the insured person against the insured persons, as well as similar activities carried out by the insurer or its employee, do not apply as an insurance agent or insurance company. a broker. 2. As an insurance agent, the insurance broker may not be employed by persons with uncollectable or expungable criminal records or by the insurer's administration for a period of two years, pending the recognition of the bankruptcy court by the arbitral tribunal, until 3 years from the date of admission of the insurer to bankrupt, as well as persons holding positions in the administration of the insurer, its subsidiaries and dependent societies. 3. Insurance broker, insurance broker is responsible for failure or improper performance of obligations arising from their performance, including disclosure of information constituting the business secret of the insurer, personal data of the insured, for the accuracy, objectivity, completeness and timeliness of the provision of information and documents confirming the fulfillment of their powers. The Insurance Agent, the insurance broker is obliged to ensure the safety of the money in the event of insurance premiums received by the insured, as well as the preservation of the documents provided by the insurer, the policyholder, Provide the insurer with a report on the use of insurance policy forms, certificates, return unused, spoiled insurance forms, certificates in the order and under conditions provided by the contract concluded between by insurance broker and insurance broker or pursuant to OF THE PRESIDENT OF THE RUSSIAN FEDERATION Insurance agent, insurance broker is entitled to receive from the insurer about the amount of its authorized capital, insurance reserves, license to implement insurance, reinsurance, and the duration of activity as a subject Insurance, type and terms of insurance. 4. Insurance broker, insurance broker cannot identify himself as the beneficiary of insurance contracts concluded by them in favour of third parties. Insurer is required to perform insurance contracts on behalf of and (or) in the interest of the insurer by insurance agents, insurance brokers, regardless of how the insurance policies are implemented and the date of receipt of the insurance premium The insurance premiums paid by the insured agent to the insurance broker. Compensation paid by insurer to an insurance agent, insurance broker under compulsory insurance provided by federal law on a specific type of compulsory insurance may not exceed ten per cent of insurance premium. 5. The insurance agents are natural persons, including natural persons registered in the procedure established by the legislation of the Russian Federation, as individual entrepreneurs, or legal entities carrying out activities on the territory of the Russian Federation. The basis of a civil contract on behalf of and with the insurer in accordance with the authority granted to them. The activity of insurance agents is monitored by the insurer, including by carrying out inspections and reporting on the safety and use of insurance policy forms, certificates, To ensure the safety of the money received from the insured and the exercise of other powers. Insurance agents should have information about the activity of the insurer provided for under Article 6 of this Law, provide it to insured persons, insured persons, beneficiaries, persons with intent to sign a contract Insurance, according to their requirements, as well as to disclose information on their names, authorities and activities, including contact numbers, operating mode, location (for insurance agents-legal entities), list of available and their value, including their remuneration. 6. The insurance brokers are legal entities (commercial organizations) or permanently resident in the territory of the Russian Federation and are registered in accordance with the procedure established by the legislation of the Russian Federation as individual Individuals engaged in activities under a contract to provide services to an insurance broker for legal and other actions for the conclusion, modification, avoidance and execution of insurance contracts Individuals or legal entities (insured persons) on their own behalf, but at the expense of these Persons or persons performing legal or other actions for the conclusion, modification, avoidance and execution of insurance (reinsurance) contracts on behalf of and at the expense of the insured (reinsurance) or insurers (reinsurers). Insurer in conclusion with insurance broker contract for services of insurance broker determines the list of insurance broker services, its rights, duties, the order of performance of the contract, its duration, the cost of services (size Compensation of insurance broker), the order of mutual payments, including the order and timing of the transfer to the insurer of funds received by the insurance broker for the payment of the insurance (reinsurance) contract (if such activity is carried out insurance broker). If the insurance broker acts as an intermediary in the interests of the insurer, it is obliged to notify the insured person and is not entitled to receive remuneration for the services rendered under one insurance contract and from by the insurer and the insured. The Insurance Brokers are entitled to perform other related insurance services, not prohibited by law, except for the activities of the insurer, the reinsurer, the insurance agent. The Insurance Broker is not entitled to render services exclusively for compulsory insurance. Insurance brokers that receive money from policyholders (reinsurance) against the payment of the insurance contract (reinsurance), transfer the funds to a special bank account for the subsequent enumeration Insurer for a period not exceeding three working days. Insurance brokers are not entitled to perform other transactions in this account. Insurance brokers who receive money from policyholders (reinsurance) against the insurance contract (reinsurance) must have a guarantee of performance in the form of a bank guarantee not to sum up Less than three million rubles or the availability of their own funds in the amount of at least three million rubles allocated in cash. 7. The activities of foreign insurance brokers on the territory of the Russian Federation are not permitted, except for mediation activities as insurance brokers and cases provided for by law of the Russian Federation. 8. The insurance broker is required to provide the insured, at its request, with information on its name, location, licence to perform mediation activities as insurance broker, list of services provided, insurer, in the interests of which are insured, the presence (with indication of the share) or the absence of participation in the capital of the insurer (s), the types and conditions of insurance, as well as the results of the analysis of insurance services (to be insured, Insurance risks, insurance rates and other insurance conditions The insurance broker's offer to the policyholder was made in accordance with the needs of the policyholder. The Insurance Broker provides insurance information to the insurer about the insurance risk, the object, the subject of the insurance, its insurance needs, and other information and documents related to the conclusion and under the law of the Russian Federation and the contract between the insurer and the insurance broker. 9. The supervision of insurance brokers is carried out by the insurance supervisory authority in accordance with the requirements of this Law, as well as the insurer in terms of the performance of the powers and duties established by the contract between the insurer and the insurance company. insurance broker. 10. Insurance agents and insurance brokers are obliged to explain to insured persons, insured persons, and to persons who have the intention to conclude an insurance policy, upon their request, the provisions contained in the insurance rules, the contract Insurance. Insurance agents and insurance brokers-legal entities are obliged to place the information provided for in paragraphs 5 and 8 of this article on the site in the Internet Information and Telecommunications Network. 11. Insurers maintain registers of insurance agents and insurance brokers with which they have contracts for the provision of insurance-related services. Information from the register of insurance agents and insurance brokers to identify the insurance agent or insurance broker as the person with whom the insurer has an insurance-related service contract (name, name, The patronymic (if any) or the name of the insurance agent, the insurance broker, the number of the certificate or the contract is placed by the insurers on its websites in the Internet telecommunications network. The authority to maintain the register of insurance agents and insurance brokers and to place information on it in the Internet telecommunications network may be transferred by the insurer to the insurance company, which the insurer has to report on Web site on the Internet, with information about such an association of insurers. "; 8) article 8-1 to recognize lapse; 9) in article 10: (a) the title to be presented in the next article editions: " Article 10. Insurance amount, insurance premium, franchise "; b) in paragraph 1 of the phrase" which is established by a federal law and (or) defined by the insurance contract "is replaced by the words" which is determined in the manner prescribed by the federal law and (or) under the terms of the second paragraph 2, subparagraph 2 (a), amend to read: " When the personal insurance is carried out, the insurance amount or the manner in which it is determined shall be fixed by the insurer by agreement with in the insurance contract. "; g) in paragraph 3: , in the first paragraph, "established by federal law and (or) the insurance contract," to be replaced by the words "which is determined in the manner prescribed by the federal law and (or) the insurance contract, and is paid"; add the following to the paragraph: "Insurers are not entitled to refuse an insurance payment on grounds not provided for by federal law or by a contract of insurance."; d), add in addition to the words ", and in Cases of damage to non-expendable property by the organization and/or Insurer for repair of damaged property "; e) in paragraph 6: paragraph 1, add the following sentence:" Under the terms of the insurance contract, the insurer to the account The insurance payment (insured) is entitled to provide medical services to the insured person and to pay for the medical services rendered to the insured person. "; second sentence is supplemented by the words" insured person or other person, in favour of the insured person. life insurance contract "; supplement the following paragraph: " The size of the investment income to be allocated between the life insurance contracts that provide for the participation of insured persons or other persons in favour of which the life insurance contract has been concluded, The investment income of the insurer is determined by the insurer. The calculation of the said income and the method of its distribution between the life insurance contracts are established by the merger of the insurers. The insurer or other person who is in favour of the life insurance contract has the right to apply to the insurer for an explanation of the calculation of the investment income due to it. "; (g) to supplement paragraph 9 with the following: " 9. Franchise is a part of the loss, which is determined by the federal law and (or) the insurance contract, is not refunnable by the insurer's insurer or other person whose interest is insured under the terms of the insurance policy, and is installed as a percentage of the insured value or fixed size. Under the terms of the insurance, the franchise may be conditional (the insurer is exempt from damages if its size does not exceed the size of the franchise, but indemnizes it fully if the loss exceeds the size of the deductions) Franchise) and unconditional (insurance payout is defined as the difference between the size of the loss and the size of the franchise). The insurance contract may provide for other types of franchise. "; 10), article 11, paragraph 2, should read: " 2. Insurance Premium Rate is the insurance premium rate based on the insurance and nature of the insurance risk, as well as other conditions of insurance, including the presence of franchise and its size under the terms of insurance. Insurers are required to apply Actuaries (economically) valid insurance rates, which are calculated according to the calculation of insurance rates. Requirements for the calculation of insurance rates, including its structure and content, methods and principles for calculating insurance tariffs (basic tariff rates and their coefficires or limit values) by type Insurance, to be used for the use of statistical data by type of insurance is established by the insurance supervision authority. Insurance rates (basic tariff rates and ratios or limit values of these coefficires) on voluntary insurance are calculated by the insurers by type of insurance on the basis of statistical data (including Statistics, collected, processed and analysed by the associations of insurers), containing information on insurance cases, insurance payments, and loss of insurance coverage for at least three reporting years, directly the date of calculation of insurance rates by type of insurance, not Life insurance, and not less than the five reporting years immediately prior to the date of calculation of life insurance rates. The insurance tariff for a specific voluntary insurance contract is determined by agreement of the parties. "; 11) Article 12, as follows: " Article 12. Sinsurance 1. Insurance-insurance activity with respect to the insurance facility by several insurers and insurer of the insurance agreement, on the basis of which insurance risks, amount of insurance amount, insurance premium (premium) is allocated to insurers in accordance with such a contract. 2. In the event of an insurance event concluded under subsection (1) of this article, insured persons, insured persons, beneficiaries are entitled to apply for an insurance payment to any insurer specified in the contract. a treaty like that. If the insurance contract entered into under paragraph 1 of this article does not define the rights and obligations of each of the insurers, they shall be jointly responsible to the insured persons, the insured persons, the beneficiary's beneficiaries and the insured persons. Implementing the insurance benefit. "; 12) Article 13 should read: Article 13. Reinsurance 1. Reinsurance-insurance activity by one insurer (reinsurance) of the property interests of another insurer (policyholder) related to the last insurance policy (main contract) of an insurance liability Payment. Non-insurable reinsurance and remaining risk insurer (risk) of insurance payment, or loss or level of loss under the insurance contract is determined in the order and/or The size of the reinsurance policy. The risk of an insurance premium greater than the private retention of the policyholder is to be transferred to reinsurance. 2. The reinsurance is carried out on the basis of a reinsurance contract between the policyholder and the reinsurer in accordance with the requirements of the civil legislation of the Russian Federation. In addition to the reinsurance contract, the reinsurance agreement between the insurer and the reinsurer and the terms and conditions of the reinsurance agreement may be used for other purposes. in the area of reinsurance. 3. Unless otherwise provided by the reinsurance contract, the reinsurer (the assignor) is entitled to transfer the obligation of the insurance payment (part of the obligation of the insurance payment) it has made under the reinsurance contract to the other reinsurer or other Reinsurance (retrocessionaire) under subsequent contract, reinsurance contracts (retrocession). 4. Reinsurance shall be performed in the form of optional, facing-facing, optional-facing or facing-optional and in the form of proportional or disproportionate. 5. Under the optional reinsurance, the policyholder is entitled to transfer to the reinsurer the obligation for the insurance payment or part of the obligation of the insurance payment by the insured person to the main insurance contract, and The reinsurer is entitled to reinsurance the said obligation or part of the said obligation or to refuse to reinsurance it. 6. In the case of a reinsurance case, the insurer is required to transfer the reinsurance contract to the reinsurer under the terms of the reinsurance liability or part of the obligations of the insurance payout by main insurance carrier. The insurance contracts entered into by the insurer and subject to the terms of the said reinsurance policy, and such liabilities are considered reinsurance by the reinsurer as of the date of entry into force of the relevant principal treaty insurance, unless the reinsurance policy provides otherwise. 7. Optionally, the reinsurance policyholder is entitled to transfer to the reinsurer the obligation for the insurance payment or part of the obligation of the insured person to pay the principal contract Insurance, and the reinsurer is obliged to reinsurance the said obligation or part of the said obligation. 8. Under optional reinsurance, the insurer is required to transfer the reinsurance agreement to the reinsurer under the terms of the reinsurance contract with the insurer, or part of the obligations of the insurance payment. Basic insurance contracts concluded by the insurer and subject to the terms of the reinsurance contract, and the reinsurer is entitled to reinsurance the said obligations or part of the said obligations or to refuse to reinsurance them. 9. A special feature of proportional and disproportionate reinsurance is determined by the terms of the respective reinsurance contracts. 10. The contract between the policyholder and the reinsurer may provide for the obligation of the reinsurer to pay to the policyholder a portion of the positive difference between the income and expenses of the reinsurer under the contract between them Reinsurance or a group of such contracts for a specified period of time (bonus). 11. Foreign insurance and (or) reinsurance organizations that have been granted the right to reinsurance in accordance with the national legislation of the country where they are established are entitled to reinsurance the obligations Insurers of Russian insurance payments under their main insurance contracts (part of such liabilities). 12. The insurance liability of the insurer under the life insurance policy for the risk insurance of the insured person to certain age or period, as well as the obligation of the insurer under the contract is not to be reinsurance compulsory insurance of civil liability of vehicle owners. 13. Insurers licensed to life insurance are not entitled to carry out reinsurance of the risk of property insurance. "; 13) Article 14-1 should be amended to read: Article 14-1. Insurance (reinsurance) pools 1. Insurance (reinsurance) pool-the association of insurers jointly engaged in insurance activity for certain types of insurance or insurance risks on the basis of a simple partnership (a joint activity contract). 2. Insurance pools are created to ensure the financial sustainability of its members, the performance of their insurance liabilities, the amount of which may exceed its own funds (capital) by a single insurance organization, and act on principles Reinsurance or reinsurance. 3. The reinsurance pools are designed to increase the financial capacity of pool members by reinsurance coverage in excess of the pool's own retention of the insurance pool. The liability for insurance benefits exceeding the equity (capital) of the members of the insurance pool is transferred on behalf of the insurance pool in reinsurance. 4. Participants in the reinsurance pool may be insurers licensed to carry out reinsurance, including foreign reinsurance organizations. The number of participants in the insurance (reinsurance) pool is not limited. 5. The participants in the insurance (reinsurance) pool develop common principles and approaches to the conditions of the insurance (reinsurance) in the pool, exchange information about insurance contracts, reinsurance, and insurance valuation. Risk, loss or damage determination, pool leader and (or) underwriter, pool leader, authority, participation in other insurance (reinsurance) pools, insurance (reinsurance) pool exit procedure from the corresponding pool. 6. Information about the insurance pools is to be posted on the pool site or on the website of the insurer-the leader of the pool in the Internet telecommunications network. 7. Federal laws on specific types of compulsory insurance may establish the characteristics of creation and activity of insurance (reinsurance) pools. "; 14) the name of Chapter III after the words" financial sustainability " to supplement In the words "and capacity to pay"; (15) in article 25: (a) the name after "financial sustainability", add "and capacity to pay"; b) in paragraph 1: Paragraph 1, after the words " financial sustainability " with words and capacity to pay, after "means" to add "(capital)"; paragraph 2 to void; paragraph 2, amend to read: " 2. Insurers ' own funds (capital) (excluding mutual insurance companies) include statutory capital, reserve capital, additional capital and undistributed profits. Insurers should invest their own funds (capital) under conditions of diversification, liquidity, return and profitability. Insurers are not entitled to invest their own funds (capital) in the promissory notes of legal entities, individuals and to issue loans at their own expense (capital), except in cases established by the insurance supervisory authority. The Insurance Supervisory Authority, depending on the specialization of the insurers, the peculiarities of insurance conditions, the introduction of new investment projects, establishes the list of permitted assets, as well as the order of investment equity (capital), which provides for the requirements of issuers of securities and (or) issuance of securities depending on the assigned ratings, inclusion in the trading lists by the organizers of the trading on the securities market, to the structure Assets to which part of its own funds may be placed Insurers (including claims that provide for the maximum allowed percentage of the value of each type of asset or group of assets from the size of the insurer or part thereof). Investment of own funds (capital) is carried out by the insurers on their own or by the transfer of part of the funds to the management company's trustee. "; ), third to sixth paragraph 3, set out in The following wording: " 1 for the implementation of the insurance of facilities provided for in Article 4, paragraphs 2 to 6 of this Law; 1 for the implementation of the insurance of facilities provided for in article 4, paragraphs 2 and 3, of this Law; 2-for the implementation of the facilities provided for Article 4, paragraph 1, of this Law; 2-for the purpose of the insurance of facilities provided for in Article 4, paragraphs 1-3 of this Law; "; d), paragraph 4 should read: " 4. Insurers are obliged to comply with the requirements of financial stability and solvency in terms of formation of insurance reserves, order and conditions of investment of own funds (capital) and insurance reserves, normative ratio of its own funds (capital) and the obligations assumed, as well as other requirements established by this Law and regulatory acts of the insurance supervisory authority. The insurance group of the insurance group also has an obligation to comply with the requirements set out in the first paragraph of this paragraph on a consolidated basis. "; e) to supplement paragraph 4-1 as follows: " 4-1. The procedure for calculating the insurance company's own equity (capital) ratio and commitments (including the definition of the indicators used for such calculation) is established by the insurance supervisory authority. "; f) supplement paragraph 4-2 to read: " 4-2. In the event of a violation by an insurance organization of the statutory balance of its own funds (capital) and the obligations undertaken, it is obliged to submit to the body of insurance supervision a plan of improvement of the financial regulation, the requirements of which are established. by the insurance supervisory authority. "; c) to supplement paragraph 4-3 with the following content: " 4-3. In calculating its own capital (capital) ratio and commitments, the insurance organization is entitled to take into account the subordinated loans it has received in the amount not exceeding one quarter of its own funds (capital). For the purposes of this Act, the subordinated loan is understood to mean the use of a loan by an insurance company under a loan contract containing the following conditions: shall be carried out for a period of not less than five years without the power to exterminate them before the expiry of the specified period; , the interest limit on the amount of the loan may not exceed the effective date of the date of the credit of the Agreement (loan contract), the refinancing rate of the Bank of Russia, increased by 1.2 times. The insurance organization is not entitled to take into account subordinated loans received from other insurance organizations when determining the normative ratio of equity (capital) and commitments made. This provision does not apply to insurance organizations which are subsidiaries and dependent societies of an insurance organization. The sum of subordinated loans issued by the insurance organization to its subsidiary and dependent societies shall be excluded when calculating the normative ratio of the equity (capital) and the commitments made by the insurance organization that issued these. subordinated loans. "; and) paragraph 5, to recognize lapsed in force; 16), article 26 should read as follows: Article 26. Insurance reserves 1. Insurers form insurance reserves to ensure the fulfillment of insurance, reinsurance and mutual insurance liabilities. The insurance reserves are defined as an actuarial valuation of the insurers ' obligations to carry out future insurance payments under the insurance, reinsurance and other activities under the said contracts (insurance liability). 2. The establishment of insurance reserves is carried out by insurance companies based on the rules of formation of insurance reserves, which are approved by the insurance supervision authority and establish: 1) types of insurance reserves, obligatory and conditions forming; 2) methods for calculating insurance reserves or approaches that define them; (3) requirements for the formation of insurance reserves; 4) requirements for documents that contain information needed for calculation of insurance reserves and retention periods for such documents; 5) methodical support for calculating the share of reinsurers in insurance reserves; 6) procedures for agreeing with the insurance supervisory authority on methods of calculation of insurance reserves, which differ from those provided by the insurance policy (including the timing and modalities of such harmonization, the grounds for refusal of such harmonization). 3. The insurance reserve funds are used exclusively for the performance of insurance liabilities. 4. The assets being taken to cover the insurance reserves are not subject to an exemption to the budgets of the Russian budget system. 5. Insurer is obliged to invest and otherwise allocate funds of insurance reserves under conditions of diversification, liquidity, return and profitability in accordance with the requirements of the insurance supervisory authority. Insurers are not entitled to invest in the promissory notes of legal entities, individuals and to issue loans at the expense of insurance reserves, except as provided for in paragraph 7 of this Article and by regulatory acts of the Authority Insurance supervision. The Insurance Supervisory Authority, depending on the specialization of the insurers, the peculiarities of the terms of the types of insurance, the introduction of new investment projects, establishes the list of permitted assets, as well as the procedure Investment of insurance reserve funds, which includes requirements for issuers of securities or securities issuers depending on the assignment of ratings, inclusion in quotation lists by the organizers of trading on the securities market, to the structure Assets to which insurance reserves are allowed (including Requirements with a maximum allowed percentage of the value of each type of asset or group of assets from the size of insurance reserves or individual types of insurance reserves). 6. The insurance reserve is invested by the insurers on their own or by the transfer of part of the funds to the management of the managing company. 7. When the insurance of personal insurance objects under Article 4 (1) of this Law is implemented, the insurer is entitled to provide an insured person with a loan within the limits of the insurance reserve formed under the insurance contract, a prisoner for a term not less than five years. The terms and conditions of the loan are set by the contract concluded between the insurer and the insurer. "; 17), to supplement article 26-1 as follows: Article 26-1. Transfer of insurance portfolio 1. The insurer (with the exception of a mutual insurance company) may hand over, and in the cases stipulated by the legislation of the Russian Federation, an insurance liability (insurance portfolio) to one insurer or more than one insurer Insurers (with the exception of a mutual insurance company) that meet the requirements of financial stability and capacity to pay, taking into account the newly assumed obligations and licensed to implement the types of insurance Insurance portfolio (replacement of insurer). In cases provided for by Russian legislation, the transfer of the insurance portfolio is subject to agreement with the insurance supervisory authority in the manner prescribed by them. 2. The transferred insurance portfolio includes: 1) the insurance policy obligations corresponding to the generated insurance reserves; (2) the assets taken to cover the established insurance reserves. 3. Grounds for transfer of insurance portfolio by insurer are: 1) feedback from the insurance company's insurance company to carry out insurance activity on the initiative of the insurance supervisory authority; 2) by an insurer financial stability and solvency requirements resulting in a deterioration in its financial condition if the transfer of the insurance portfolio is provided for by a plan to restore the insurer's capacity to pay; (3) the insurer's decision reorganization or liquidation; 4) acceptance Insurer of the decision to voluntarily refuse to carry out insurance activity or certain types of insurance; 5) exclusion of insurer from the association of insurers in cases provided for by federal specific laws compulsory insurance; 6) other grounds under federal law. 4. Insurer, transferring the insurance portfolio, transfers the insurance portfolio formed at the date of the decision to transfer the insurance portfolio, as specified in paragraph 2 of this Article, including the obligations under the insurance contracts in force on the date of the decision on the transfer of the insurance portfolio and insurance contracts, which expired as of the date of the decision on the transfer of the insurance portfolio, but the obligations by which the insurer is not fully executed, together with the rights Claims for insurance premiums (insurance premiums) Insurance of the insurer receiving the insurance portfolio. Obligations under one insurance contract can only be transferred to one insurer. 5. The value of assets transferred as part of the insurance portfolio may be equal to the formed insurance reserves or to be more formed insurance reserves (the transfer of the insurance portfolio with the premium) or less of the formed insurance reserves (transmission of the insurance portfolio with a discount). A transfer of an insurance portfolio with a premium is not allowed if the amount of the allowance (exceeding the value of the assets transferred above the generated insurance reserves) is greater than the difference between the value of net assets and the authorized capital The insurance company passing the insurance portfolio. The transfer of the insurance portfolio with a discount is not allowed if the value of the assets transferred in the insurance portfolio is less than half of the transferred insurance reserves (except bankruptcy) Insurers supplying the insurance portfolio and other cases provided for by federal law). In case of insufficient assets transferred as part of the insurance portfolio, the missing asset may be compensated by the merger of the insurers under the conditions provided for by federal laws. The value of assets transferred as part of the insurance portfolio is determined by their book value or by the market value established by the independent appraiser. 6. The transfer of the insurance portfolio is effected on the basis of the agreement on the transfer of the insurance portfolio concluded between the insurer, the insurance portfolio, and the insurer receiving the insurance portfolio, as well as the act of acceptance-the transfer of the insurance portfolio. Portfolio. The requirements for the contents of the said contract and the act of acceptance are set by the insurance supervisory authority. 7. Insurer, transferring the insurance portfolio, places the notice of intention to transfer the insurance portfolio on its website in the information and telecommunications network "Internet", publishes this notice in a printed organ, a certain body and two periodical publications, each with a circulation of at least 10,000 copies and which are distributed in the territory of the insurer's activity. Notification of the intention to transfer the insurance portfolio is also subject to the insurance supervision body for the placement on its official website in the Internet Information and Telecommunications Network. 8. The notification of intent to transfer the insurance portfolio should contain: 1) the reasons and order of the insurance portfolio; 2) the name (the trade name) and the location of the insurer receiving the insurance portfolio; 3) information on the activity of the insurer receiving the insurance portfolio and its financial position, submitted by the insurer receiving the insurance portfolio; 4), the request for an expression in writing consent to the replacement by the insurer or the refusal of this replacement, with the date of submission of such consent or refusal; 5) an explanation of the right to refuse to replace the insurer and its consequences. 9. The refusal to replace the insurer entails the early termination of the insurance contract and the reinsurance of part of the insurance premium in proportion to the difference between the period for which the insurance was concluded and the period during which it was in effect or payment of the amount of the contract of life insurance. If, after a period of forty-five days from the date on which the insurer passes the insurance portfolio, notifications of intention to transfer the insurance portfolio from the insurer is not received in writing by the rejection of the replacement of the insurer, The insurance contract is to be transferred as part of the insurance portfolio. 10. Insurer, transmitting the insurance portfolio: 1) draws up a list of insurance contracts to which the other insurer is transferred; 2) assists in the verification of the conformity of insurance contracts, The obligations of which are transferred to the other insurer or other insurers, the Russian legislation; 3) determine the amount of insurance reserves under the insurance contracts to which the insurer is transferred, The receiving insurance portfolio, or in the event of a transfer of the insurance portfolio for several insurers the size of the insurance reserve for each insurer that receives the insurance portfolio; 4) determines the types and values of assets to be transferred as part of the insurance portfolio; 5) Resolves the relations with the insured persons, the insured persons, the beneficiaries of the claimed insurance cases, the applications for avoidance of the insurance contracts and the replacement of the insurer by the date of transfer Insurance portfolio agreed upon by the parties to the insurance contract Portfolio; 6) notifies reinsurers of the impending transfer of the insurance portfolio; 7) implements other insurance-related insurable portfolio transfers. 11. Insurer, receiving the insurance portfolio: 1) organizes the verification of the conformity of insurance contracts, the obligations under which they are bound by the agreement on the transfer of the insurance portfolio, the legislation of the Russian Federation; 2) provides the insurer, the transmission portfolio, information about its activities and its financial position; 3) informs the reinsurers about the replacement of the policyholder in the reinsurance contracts concluded by the insurer, the transmission of the insurance portfolio and the assumption of responsibility for the The performance of the insurance contracts included in the transferred insurance portfolio; 4) carries out other activities arising from the contract for the transfer of the insurance portfolio. 12. In the event that the insurance policy of the insurer receiving the insurance portfolio does not comply with the insurance policy of the insurer, the insurer who has accepted the insurance portfolio, performs the obligations under the contracts Insurance included in the transferred insurance portfolio according to the terms and conditions under which they were entered into, and shall notify the insurance supervisory authority accordingly. The Insurer who has accepted the insurance portfolio has the right to agree to improve the terms of the insurance contracts with the insured in their favour, as well as for the benefit of beneficiaries and insured persons, and to make appropriate changes to the contracts OF THE PRESIDENT OF THE RUSSIAN FEDERATION After signing the act of receiving-transmission of the insurance portfolio, the insurer who has accepted the insurance portfolio is not entitled to challenge the composition of the accepted insurance portfolio, the amount of obligations undertaken and the value of the assets taken. 13. Upon the signing of the act of receiving-transmission of the insurance portfolio, the completion of the transfer of the insurance portfolio with the information about the insurer accepting the insurance portfolio and the date of the start of the performance of its obligations under the insurance contracts, included in the insurance portfolio transferred to: 1) is placed within three working days on the insurance portfolio's website and on the website of the insurer that accepted the insurance portfolio, Internet Information and Telecommunications Network; 2) days by an insurer who has taken an insurance portfolio, a printed organ designated by the insurance supervisory authority, and two periodicals, each of which has a circulation of at least 10,000 copies and which are distributed The territory of the said insurer. 14. All rights and obligations under the insurance contracts will be transferred to the insurance portfolio. 15. After three months from the date of the signing of the act of receiving-transmission of the insurance portfolio, the insurer who has accepted the insurance portfolio is obliged to present the composition and structure of the assets, which have their own funds (capital) and the funds of the insurance reserves, in the insurance portfolio. compliance with the requirements established by this Law and the regulatory acts of the insurance supervisory authority. 16. The order of transmission of the insurance portfolio is also applied in cases of transfer of the reinsurance portfolio. "; 18) to supplement article 26-2 as follows: Article 26-2. The accounting and storage of securities that are accepted for the insurance reserves and equity of the insurer's own funds (capital). Control of insurer's assets 1. Securities for insurance reserves and equity (capital) of the insurer which performs the activities of the types of insurance referred to in paragraphs 2, 3 and 24 of article 32-9, paragraph 1, of this Law shall be taken into account and (or) to be stored in a specialized depository. 2. The specialized depository of the insurer may be a legal entity licensed to carry out depositary activities and a licence for the operation of a specialized depository of investment funds, mutual investment funds, and non-State pension funds. The specialized depositary shall be able to take into account the securities that are taken to cover the insurance reserves and the own funds (capital) of the insurer by opening and maintaining separate accounts for the depot. 3. Provision of storage and accounting services for securities that hold the insurance reserve and equity (capital) of the insurer, as well as daily monitoring of compliance by insurers with respect to the placement of insurance reserve funds and the assets (capital), the requirements for the composition and structure of the assets taken to cover the insurance reserves and own funds (capital) of the insurer, the rules for the placement of insurance reserves and the capital of the insurer, of which are established by federal laws, other The legal acts and regulatory acts of the insurance supervisory authority are carried out by a specialized depositary on the basis of a prisoner with the insurer and the managing company (if it is used by the insurer to provide accommodation services) Insurance reserves and/or equity (capital) of the insurer) of the contract of rendering services of a specialized depositary in accordance with the requirements and procedure laid down by the insurance supervisory authority. At any point in time, the services of a specialized depositary can be provided to the insurer by only one legal entity authorized to do so. The specialized depositary is responsible to the insurer for the improper performance of its duties in accordance with the legislation of the Russian Federation. In the event of damage to the insured persons as a result of failure to comply with the obligations under this paragraph to control the compliance of the insurer and/or the managing company of the insurer's composition and structure (a) Assets to be covered by insurance reserves and equity (capital), the specialized depositary shall be jointly and severally liable with the insurer and/or the managing company of the insurer. 4. Information on the conclusion of a treaty on the provision of services of a specialized depositary, the termination of such a treaty, as well as the modifications made to it, shall be submitted by the insurer to an insurance supervisory body within a period not exceeding three workers. days from the date of the conclusion of the treaty on the provision of services of a specialized depositary, termination or modification of its operation. 5. The treaty providing the services of a specialized depositary shall be terminated: 1) by agreement of the parties from the time stipulated by such contract; 2) in the event of revocation of the licence of the insurer after six months from the date of Withdrawal; 3) in case of cancellation of a licence from a specialized depository since the decision on revocation of the licence has taken effect; 4) in case of liquidation of the specialized depositary from the time of the decision on of a specialized depository; 5) in case of refusal by one Parties to the treaty from the date stipulated by the treaty; 6) upon the expiry of the contract. 6. The details of the termination of the treaty on the provision of services of a specialized depositary shall be immediately submitted by the insurer to the insurance supervisory authority, indicating the reasons for the termination of the contract. In the case of termination of the treaty on the provision of services of a specialized depositary, the latter is obliged to transfer to the other insurer, the specialized depositary, the securities adopted to cover the insurance reserves and Insurer's own funds (capital), documents proving the rights of the insurer to the property and information on the other assets of the insurer taken to cover the insurance reserves and own funds (capital) of the insurer, as well as the list found by the specialized Depository and Insurer and/or the managing company of the insurer. The Insurer ensures the continuity of the specialized custodian of the verification functions of the assets adopted to cover the insurance reserves and equity (capital) of the insurer established by the the composition and structure of such assets. If one party fails to provide the services of a specialized depositary, the other party must be notified at least three months before the termination of the contract, unless otherwise provided by the Federal by law. 7. In connection with the performance of its activities under this Act, a specialized depositary is entitled to receive relevant and reliable information from the insurer and its managing companies on the assets being taken to cover insurance claims. reserves and equity (capital) of the insurer. 8. The specialized depository is obliged: 1) to exercise daily control over the conformity of the composition and the structure of the assets taken to cover the insurance reserve and its own funds (capital) of the insurer; The law, other regulatory legal acts and regulatory acts of the insurance supervisory authority; 2) to record and keep the securities of the insurer, to store documents confirming the property rights of the insurer for insurance reserves and equity (capital) Insurers (if for certain types of property by regulatory acts, regulatory acts of the insurance supervisory authority are not otherwise provided), and also to store information on other assets taken to cover insurance reserves and their own Insurer's assets (capital), in accordance with the procedure established by the insurance supervisory authority; 3) to monitor the determination of the value of the assets that are accepted to cover the insurance reserve and its own funds (capital) of the insurer and whose list is established by the insurance supervisory authority; class="ed"> (Overtaken by Federal Law of 29.06.2015) N 210-FZ) 5) notify the insurance supervisory authority, the insurer and the management companies engaged by the insurer to provide the insurance funds and equity (capital) of the insurer, of violations of the requirements of this Law, other regulatory legal acts and regulatory acts of the insurance supervisory authority not later than the three working days following the day of their identification; 6) to represent the insurance supervisory authority and the insurer in the order and within the time limits which established by the insurance supervisory authority; 7) to ensure the transfer of its rights and obligations with respect to the assets being taken to cover the insurance reserve and its own funds (capital) of the insurer, The depositary, in the event of termination or early termination of the contract for the services of a specialized depository, in the order and within the time limits fixed by such a treaty; 8) not to combine its activities Depositary with other types of licensed activity, with the exception of the depositary The activities and activities of the credit institution, taking into account the requirements of paragraph 9 of this article; 9), take measures to prevent the conflict of interest in their activities, in the case of its affiliation with the insurer, which it provides services; 10) not to be made up of the shareholders (participants) of the organization registered in the States or territories where disclosure and provision of information are not provided in the conduct of financial transactions. operations; 11) to present to the Audit Commission of the Insurer documents required for its operation; 12) to disclose information about the structure and composition of its shareholders (participants) in order and within the time frame set by the insurance supervisory authority; 13) With the insurer, with the management companies, the insurance supervisory authority in electronic form signed by the electronic signature; 14) to comply with the other requirements of this Law, other regulatory legal acts and regulatory acts of the insurance supervisory authority. 9. The specialized depositaries are not entitled to carry out the functions of a securities depository in the securities market. If the specialized depositary is a credit institution, it is required to comply with the requirements of the credit organization and the activities of the specialized depository established by the insurance authority. Supervision. "; 19) in article 28: (a) paragraph 3 should read: " 3. Accounting requirements for insurance, insurance, reinsurance and mutual insurance (including details of the application of the chart of accounts), as well as details of the information disclosed in the The accounting (financial) statements of insurers, including the form of accounting (financial) reporting forms, are established by federal and (or) sectoral standards approved in accordance with the procedure established by the Federal Act of 6 December 2011. of the year N 402-FZ "On Accounting". "; b) in paragraph 4: in paragraph 1 of the first word, delete; paragraph 2 should read: " Insurers make accounting (financial) reporting according to Russian legislation on accounting, federal and (or) sectoral standards, and submit this reporting to the insurance supervisory authority in the manner and within the time limits fixed by such a body. "; , paragraph 3. The words "in agreement with the insurance regulatory authority" should be deleted; in) add the following content to 4-1: " 4-1. The insurance group of the insurance group is obliged to report to the insurance supervisory authority on a consolidated basis on the forms, in order and within the time limits set by the insurance supervision authority. "; g) Paragraph 5 should read: " 5. The insurance supervisory authority shall make available on its official website in the information and telecommunications network "Internet" a summary of the activities of the entities of the insurance business, as well as information contained in the accounts of the subjects of the insurance business. "; (e) In paragraph 6, the words "article 4, paragraph 1 (1)" should be replaced by the words "article 4, paragraph 1"; 20), to be supplemented by article 28-1 as follows: " Article 28-1. Internal control 1. Insurer is required to organize an internal control system that achievers the following objectives: 1) efficiency and effectiveness (including break-even) of the insurer's financial and economic activities at the time of commission insurance and other operations; 2) effective asset management, including security, equity (capital), insurance reserves and other insurer liabilities; 3) management effectiveness Risk of Insurer (identification, risk assessment, definition Accepting the level of risks assumed by the insurer, taking measures to maintain the level of risk not threatening the financial stability and solvency of the insurer; 4) reliability, completeness, and objectivity of accounting (financial) reporting, statistical reporting, oversight reporting and timeliness of reporting; 5) compliance by employees of the Insurer of Ethical Standards, the principles of professionalism and competence; 6) countering legalization (laundering) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Internal control according to the authority, certain constituent documents and internal organizational documents of the insurer, perform: 1) Insurer's Administration; 2) audit The commission (auditor) of the insurer; 3) the chief accountant of the insurer (s); 4) the internal auditor (internal audit service) of the insurer; 5) a special official, a structural unit, responsible for compliance with the rules of internal control Implementation of its implementation programmes developed in accordance with the legislation of the Russian Federation on countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism; 6); 7) other employees and structural subdivisions of the insurer in accordance with the authority determined by the Insurer's internal organizational and administrative documents. "; 21) to supplement articles 28 to 2 as follows: " Article 28-2. Internal Audit 1. In order to ensure an adequate level of reliability of internal control, assess its effectiveness and check the compliance of the insurer with the legislation of the Russian Federation (including insurance legislation), rules and standards The insurers ' associations, the provisions of their internal organizational documents, the insurer organizes an internal audit by appointing an official (hereinafter referred to as the internal auditor) or creating a structural subdivision (hereinafter referred to as the service) internal audit). 2. For internal audit purposes, the insurer approves the organization and implementation of an internal audit (hereinafter referred to as the internal audit clause), which must contain: 1) the purpose and objectives of the internal audit; 2) internal audit objects in accordance with the insurer's risk management models; 3) internal audit forms and methods; 4) Internal Auditor's course of action, internal audit services in case of identification Insurer's performance; 5) reporting on The results of the checks, the forms and the manner in which it was presented; (6) the procedure for monitoring (including retests) of measures to address the internal audit identified by the internal auditor Inadequation and deficiencies in the activity of the insurer; 7) the procedure for informing the insurance company, members of the mutual insurance company of all violations accepted by the insurer's administration in the case of decisions on matters of which the General Assembly has competence The shareholders (participants) of the insurance organization, as well as the general meeting of the members of the mutual insurance company; 8) the authority, rights and duties of the internal auditor, the internal audit service; 9) the form and the procedure for implementation Risk assessment and risk management evaluation; 10) how to assess the appropriateness and effectiveness of transactions, transactions; 11) the form and manner in which safety audits are conducted assets; 12) the form and modalities of participation in the analysis The financial position of the insurer; 13) other provisions that are not contrary to the legislation of the Russian Federation. 3. The internal audit clause is approved by the board of directors (supervisory board) of the insurance organization or, in the absence of the general meeting of the shareholders (participants) of the insurance organization, the general meeting of the members of the mutual insurance company. 4. Internal auditor, head of internal audit shall be appointed and dismissed on the basis of the decision of the board of directors (supervisory board) of the insurance organization, the board of the mutual insurance company, subordinates and are held accountable to the board of directors (supervisory board) of the insurance organization, the general meeting of the members of the mutual insurance company, or in the absence of the board of directors (supervisory board) of the insurance organization are appointed and released office on the basis of a decision of the General Shareholders Meeting (participants) of the insurance organization are subordinating and accountable to the general meeting of the shareholders (participants) of the insurance organization. 5. The person appointed to the post of internal auditor, head of the internal audit service, is not permitted. Internal auditor, internal audit manager may be included in the insurance commission of the insurer. Internal auditor, head and internal audit staff who previously held positions in other structural subdivisions of the insurer may participate in the audit of these structural units upon completion Twelve months since the end of the work in these structural units. 6. Internal auditor, internal audit authority perform the following authority: 1) verifies and ensures the effectiveness of the internal control system of the insurer; 2) checks the compliance of the activity The insurance legislation of the Russian Federation, the rules and standards of the associations of insurers, the constituent documents and the internal organizational documents of the insurer; 3) verify that the insurer is complying with the rules monitoring and implementing programmes for its implementation, The laws of the Russian Federation on countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism; or the other requested information and the timeliness of its submission by the structural subdivisions of the insurer (including separate units) to the underwriter and the insurer (s) of the insurer; 5) Analysis of the reasons for the irregularities Inadequation in the Insurer's Activities; 6) provides recommendations to prevent violations and deficiencies similar to those revealed by the findings of the Insurer's infractions and deficiencies in the insurer's activity; 7) Risk assessment and risk management evaluation; 8) assess the feasibility and effectiveness of transactions, transactions; 9) perform security checks on assets; 10) accept Participation in the review of the financial health of the insurer and The development of the list of bankruptcy prevention measures; 11) coordinate reports, including interim reports, on the implementation of each activity provided for in the recovery plan of the insurer's capacity to pay; 12) verify the correctness, completeness, objectivity of the insurance oversight bodies, the federal executive authorities of the reporting, information, including the plan to restore the solvency of the insurer, and reports, including intermediate, on the implementation of each activity foreseen in the plan The restoration of the insurer's capacity to pay and the monitoring of the timeliness of such a submission. 7. Internal Auditor, Internal Audit Office has the right: 1) to carry out inspections in all directions of the insurer's activity, including the activities of subsidiaries, offices, other separate units, and any obstructive structure Insurer and (or) employee of the insurer; 2) receive documents, materials and information required for the exercise of their authority by the heads and employees of the insurer's structural subdivisions; 3) Have access to all documents, materials and information, including Information computer files, without the right to make changes. 8. Internal auditor, internal audit service must: 1) ensure that the documents, materials and information obtained from the structural subdivisions of the insurer are preserved and returned; 2) respect the confidentiality of information; (c) to report all violations and shortcomings of the insurer's activities to the sole executive body of the insurer, the collegiate executive body underwriter, head of structural unit The Insurer, which identified the relevant irregularities and deficiencies; 4) to monitor the measures taken to address the identified violations and deficiencies and compliance with the internal auditor recommended by the Internal Auditor, Audit of measures to prevent similar violations and deficiencies in the activity of the insurer. 9. Based on the results of the audits conducted by the internal auditor, the internal audit service prepares quarterly reports, which are submitted to the insurer's management, and the annual reports, which are submitted to the annual general meeting of shareholders (participants) of the insurance organization, members of the mutual insurance company. In addition to information on the findings of irregularities and shortcomings in the performance of the insurer and their consequences, the reports should provide information on the status of the elimination of previously identified violations and deficiencies. In case of detection of violations in the form of decisions taken by the insurance organizations of the insurance company on issues falling within the competence of the general meeting of the shareholders (participants) of the insurance organization, the internal auditor, The head of the internal audit service shall be notified in writing of the shareholders (participants) of the insurance organization having more than one per cent of the shares (participation in the charter capital of the insurance organization), not later than within fifteen days from The identification of such violations. 10. At the request of the insurance supervisory authority, the insurer is required to submit the reports of the internal auditor, the internal audit service within the time limits set by this request. "; Mandatory audit and publication of the annual accounting (financial) reporting insurer 1. The annual accounting (financial) accounts of the insurer are subject to mandatory audit. 2. According to the results of the mandatory audit of the annual accounting (financial) accounts of the insurer, the audit organization is obliged to draw up an audit opinion on the annual accounting (financial) accounts of the insurer, which should contain a section on The performance by the insurer of the financial stability and solvency requirements established by this Law and the regulatory acts of the insurance supervisory authority and the effectiveness of the organization of the system of internal control of the insurer. 3. Insurer shall submit to the insurance supervisory authority the opinion referred to in paragraph 2 of this article, together with an annual accounting (financial) accounting. 4. The annual accounting (financial) accounts of the insurer shall be subject to mandatory publication at the latest by 1 July of the year following the reporting, together with the conclusion set out in paragraph 2 of this article. 5. The annual accounting (financial) accounts of the insurer are considered to be published if it is posted on the official website of the insurer in the Internet or information telecommunications network, or published in the media available to the public. interested in this reporting. 6. The publication of the annual accounting (financial) accounts of the insurer is reported by the insurer to the insurance supervisory authority in accordance with the procedure established by such authority. 7. Audit opinion on the reliability of the annual accounting (financial) accounts of the insurer, the performance by the insurer of the requirements of financial stability and solvency, and the effectiveness of the organization of the system of internal control of the insurer to be published together with this reporting. "; 23) in the title of Chapter IV," State supervision "should be replaced with the word" Oversight "; 24) in article 30: (a) in the name of the word" State supervision " should be replaced "Oversight"; b) in paragraph 1 of the word "State" Supervision "to replace the word" Oversight "; in paragraph 3: the first paragraph should read: " 3. The Bank of Russia conducts the insurance supervision. "; second addition to the words" and (or) places on its official website in the Internet information and telecommunications network "; sub-paragraph 6 should read as follows: "(6) Regulations adopted by the insurance supervisory authority under this Act and other federal laws."; g) in paragraph 4, subparagraph (1), qualification of actuary actuaries, delete; d) Paragraph 5 should read: " 5. The subjects of the insurance business are obliged: 1) to comply with the requirements of the insurance legislation; 2) to report on their activities, information on their financial situation, and documents and information in the of the Russian Federation, including the insolvency law (bankruptcy); 3) to comply with the requirements of the insurance supervisory authority for the elimination of breaches of insurance legislation and to submit of the deadline for the submission of reports by the supporting the enforcement of such requirements; 4) to provide, upon request of the insurance supervisory authority, the information and documents required for the implementation of insurance supervision, including their own, within the time limits established in these requests financial regulation; 5) to submit to the insurance supervision authority a copy of the provisions on branches and offices away from the location of the subject of the insurance case, indicating their addresses (locations) and copies thereof documents confirming the authority of their leaders. "; e) to supplement the paragraph 5-1, to read: " 5-1. In order to ensure the timely identification of the risks of insolvency of the entities of the insurance business, the insurance supervisory authority monitors the activity of the insurance business with the application of financial indicators in due course. (s) characterizing the financial position of the insurance entities and their resilience to internal and external risk factors. Monitoring the activity of the subjects of the insurance business is carried out by the body of insurance supervision on the principles of independence, objectivity, application of uniform rules of establishing requirements to the subjects of insurance business, complexity, speed and validity of the assessment of their performance. "; 25) Article 32 should read: Article 32. { \cs6\f1\cf6\lang1024 } Insurance { \cs6\f1\cf6\lang1024 } { \b Insurance } Licence for insurance, reinsurance, mutual insurance, brokering activities as insurance broker (hereinafter referred to as the licence)-special authorization to carry out insurance activity provided by the organ The insurance supervision of the subject of the insurance business. 2. The license is issued: 1) of an insurance organization for: voluntary life insurance; voluntary personal insurance, except voluntary life insurance; Property insurance; the type of compulsory insurance covered by the federal law on a specific type of compulsory insurance; reinsurance in case of reinsurance policy insurance liabilities; 2) Reinsurance organization for reinsurance; 3) mutual insurance for mutual insurance in the form of voluntary insurance, and in cases where, under the Federal Act on a particular case, The type of compulsory insurance has the right to make compulsory insurance, in the form of compulsory insurance; 4) insurance broker as insurance broker. 3. To obtain a license for the license applicant, the reinsurance represents in the insurance supervisory authority: 1) the application for a license; 2) the founding documents of the license applicant; 3) Document on State registration of a license applicant as a legal entity; 4) a protocol of the meeting of the founders on approval of the constituent documents of the license applicant and approval for the positions of sole proprio moor the executive body, the executive head (s) of the Executive body of the license applicant; 5) information on the composition of shareholders (participants); 6) documents confirming the payment of the authorized capital in full; 7) documents on state registration Legal entities that are the founders of the insurance business, the audit opinion on the reliability of their accounting (financial) accounts for the last reporting period, if such persons are subject to mandatory audit; 8) of the sole executive body, the head of the The executive branch, the head of the branch office, the chief accountant with the application of the documents confirming the compliance of the persons with qualification and other requirements established by this Law with information on the head of the audit commission (auditor) of the licence; 9) information on the actuary; 10) documents (as set out in the statutory acts of the insurance supervisory authority) confirming the origin of the funds contributed Founders of the applicant for a licence by individuals to the authorized capital; 11) information about the internal auditor, the head of the internal audit of the license applicant with the application of the documents confirming their compliance with the qualification and other requirements established by this Law; 12) The internal audit clause; 13) documents confirming that the applicant for the licence meets the requirements of the Russian Federation's legislation on State secrets (if the requirement is established by law); 14) other documents confirming compliance The applicant for the licence to the requirements established by federal laws on specific types of compulsory insurance (in cases where federal laws contain additional requirements for insurers). 4. Licenses registered in a single State register of insurance entities shall not be required to submit to the insurance supervision authority the documents referred to in subparagraphs (2) to (9) of paragraph 3 of this article and are available to the insurance body. oversight, unless modified. 5. In order to obtain a license for mutual insurance, the license applicant (non-commercial organization) shall submit to the insurance supervision authority: 1) the application for a licence; 2) tired of the society of mutual insurance insurance; 3) document on state registration of mutual insurance company as legal entity; 4) information about the board chairman, director, chief accountant with the annex of documents confirming Qualification of the qualifications of the persons concerned, of the Chairman of the Audit Commission (auditor), the internal auditor of the mutual insurance company; 5) information on legal persons-members of the mutual insurance company, with the indication of property interests in which the mutual insurance company has been established; 6) the internal audit clause; 7) information on the actuary. 6. In order to obtain a licence to broker an insurance broker, the licence applicant is a member of the insurance supervisory authority: 1) the application for a licence; 2) a document on State registration of the license applicant as a legal entity or individual entreprene; 3) the founding documents of the license applicant; 4) the information about the head and chief an accountant for an insurance broker, a legal entity, or an insurance broker An individual entrepreneor with the application of documents confirming the compliance of these persons with the qualifications and other requirements established by this Law; 5) bank guarantee or proof of possession In accordance with article 8, paragraph 6, paragraph 6, of this Law, the insurance broker has its own means and guarantees of performance. 7. Documents referred to in paragraphs 2, 3, 6, 7, paragraphs 8 and 11 (in the form of education documents) of paragraphs 3, 2, 3, paragraph 4 (in the form of education documents), paragraphs 5, 2, 3, subparagraph 4 (part of education documents) Paragraph 6 of this article shall be presented in the form of notarized copies. In the event that the documents referred to in paragraphs 3, 7, paragraph 3, paragraph 5, subparagraph 2, of paragraph 6 of this article are not submitted by the applicant, at the request of the insurance supervisory authority, the federal executive authority, The State registration of legal entities and individual entrepreneurs provides information confirming that the legal person or individual entrepreneis is entered into the relevant State register. Requirements for the granting of a licence, as well as to the information and documents referred to in paragraphs 5, 8, 9 and 11 of paragraph 3, paragraphs 4 and 7 of paragraph 5, paragraph 6, paragraph 6, of this article, including their templates, are established by the insurance supervisory authority. 8. Licenses that are subsidiary to foreign investors (parent organizations) or foreign investors in their authorized capital of more than 49 per cent, in addition to the documents referred to in paragraph 3 This article shall be submitted in accordance with the procedure established by the law of the country of the place of establishment of foreign investors, consent in writing of the appropriate supervisory authority of the country of the place of the institution to participate. Foreign investors in the statutory capital of insurance organizations established on OF THE PRESIDENT OF THE RUSSIAN FEDERATION 9. The lists of documents submitted by licences for obtaining licences are exhaustive, unless the federal laws on specific types of compulsory insurance are provided for in this article. Additional requirements for insurers. In order to verify the information received, the insurance supervisory authority has the right to submit written requests to the organization to provide (within their competence) information concerning documents submitted by the applicant in accordance with THE RUSSIAN FEDERATION 10. In the event of non-conformity of the application for a licence and other documents, the requirements set out in paragraph 7 of this article and (or) the filing of a license applicant with the documents referred to in this article shall be accompanied by A statement that is not fully operational within three working days from the date of receipt of the licence is issued to the applicant for a written notice of the need to remove the detected violations in the thirty-day period and (or) Full disclosure of the document license. If the applicant does not submit a thirty-day period in the appropriate form to grant a licence and/or to the full extent of the documents attached to it previously submitted Licenses and accompanying documents are returned to the license applicant. When all the documents referred to in this article are submitted in due form, the insurance supervisory authority shall, within three working days from the date of their submission, decide whether to consider them or if they are not in conformity with the provisions of this article. of this article on the return of documents with a reasoned justification for the return. The period of acceptance by the insurance supervisory authority of the decision on the granting of a licence or refusal of a licence shall be calculated from the date of full receipt of the documents corresponding to the requirements of this article in the insurance supervision authority. formed in an appropriate form. The licence application and documents attached to it are entitled to be sent to the insurance supervisory authority in the form of electronic documents signed by an enhanced qualified electronic signature. 11. Changes made to the documents listed as a basis for obtaining a licence under subparagraphs 2, 3, 5, 6, 7 (in the State registration documents), paragraphs 8, 9, 11 to 14 of paragraph 3, paragraphs 2 to 7 of paragraph 5, paragraphs 2 to 5 Article 6, paragraph 6, of this article, the insurers and insurance brokers are required to report in writing to the insurance supervisory authority and simultaneously submit documents confirming these changes within thirty days of the amendment. 12. A decision on the granting of a licence or refusal to grant a licence shall be made by the insurance supervisory authority within a period not exceeding thirty working days from the date of receipt by the insurance supervision authority of all documents referred to in this article for obtain a license for the license applicant. The Insurance Supervision Authority is obliged to inform the applicant of the license acceptance of the decision within five working days of its adoption. 13. The documents submitted by the subjects of the insurance business to the insurance supervisory authority should be drawn up in Russian. 14. The licence to carry out an insurance activity must contain the following information: 1) the name of the insurance authority which issued the license; 2) the name (trade name) of the subject of the insurance case- legal person; 3) name, surname, patronymic of the subject of the insurance business of an individual entrepreneor; 4) the location and postal address of the subject of the insurance business-the legal person or place of residence and postal address Subject matter: individual entrepreneor; 5) State registration number of a legal person or individual entreprene; 6) the taxpayer identification number; 7) insurance activity (insurance, reinsurance, Mutual insurance, brokering activities as insurance broker); 8) the type of activity carried out by an insurance organization (voluntary life insurance, voluntary personal insurance, except voluntary insurance) life insurance, voluntary property insurance or The name of the type of compulsory insurance under the federal law on a specific type of compulsory insurance); 9) forms and types of insurance exercised by the mutual insurance company on the basis of the statute; 10) the number and date of acceptance by the insurance supervisory authority of the decision on extradition, the re-registration of the license, as well as the replacement of the license form; 11) the registration number of the record in the single state register of the subjects of the insurance business; 12) the license number and the date of its issuance. 15. The form of the licence form is approved by the insurance supervisory authority. 16. The licence to carry out an insurance activity shall be signed by the head of the insurance supervisory authority or by a person authorized by it and certified by the seal of the insurance supervisory authority. 17. In the event that the particulars referred to in paragraphs 2 to 9 of paragraph 14 of this article are modified, the licence to carry out the insurance activity shall be processed within thirty working days from the date of submission to the insurance supervisory authority of the application; The redesign of the license and the documents confirming these changes. 18. The subject of an insurance business in the event of loss or damage to a licence is entitled to a duplicate license within ten working days of the date of application in writing to the insurance supervisory authority, indicating the reasons for loss or damage. Duplicate license is marked "Duplicate". The duplicate licence is issued in two copies, one of which is given to the subject of the insurance business and the second is retained by the insurance supervisory authority. "; 26) in article 32 (1): (a), paragraph 1, amend to read: " 1. The directors (including the person who performs the functions of the sole executive body, the head of the collegial executive body) of the subject of the insurance business-the legal entity and the subject of the insurance business is individual Entrepreneurs must have higher education, confirmed by the document on higher education recognized in the Russian Federation, and the length of service as the head of the unit of the subject of the insurance business and other financial organization of at least two years. "; b) 1-1 to be void; c) 2, amend to read: " 2. The chief accountant of the insurance, reinsurance organization must comply with the requirements established by the Federal Law of December 6, 2011 No. 402-FZ "On accounting", and have seniority in the insurance, reinsurance company Organization of at least two years from the last five years preceding the appointment. The chief accountant of the insurance broker should have higher education, confirmed by the document on higher education recognized in the Russian Federation, and the length of service in the unit of the subject of the insurance business, whose activities are connected with accounting and (or) financial performance for at least two years. The Chief Accountant of the Mutual Insurance Society must have a higher education, confirmed by the document on higher education recognized in the Russian Federation, and the length of service in the economic specialization or post that requires -knowledge of accounting, not less than two years in insurance, reinsurance organization, mutual insurance company and (or) organization of insurance broker registered in the territory of the Russian Federation. "; (e) to supplement paragraph 3-1 with the following: table of contents: " 3-1. Internal auditor, head of internal audit service shall have higher economic, financial or legal education, as confirmed by the document recognized in the Russian Federation on the highest economic, financial or legal basis For a period of not less than two years in insurance, reinsurance, other financial or audit organization registered in the territory of the Russian Federation, as well as in the bodies of state financial control of the Russian Federation. If persons referred to in this paragraph have other higher education, they need to prove vocational training in economics, finance or law, as recognized in the Russian Federation The document on the progress of professional training and the length of service in the unit of the subject of the insurance business, the activity of which is related to the implementation of accounting, financial activities or legal matters, 3 years. "; (e) paragraph 4 should be redrafted to read: " 4. As an internal auditor, the head of the internal audit service cannot be assigned to a person who: 1) exercised the functions of the sole executive authority, the chief accountant of the insurer, or was a member of a collegiate executive body of an insurer within two years prior to the appointment of an internal auditor, head of internal audit service; 2) is a shareholder (participant) of the insurer; 3) is a close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of the spouses) with the insurer's shareholders (s) or with a person who is the sole executive body of the insurer or is a member of the board of directors (supervisory board) or collegiate the executive body of the insurer or the chief accountant of the insurer. "; , paragraph 5, amend to read: " 5. The actuary shall conform to the requirements established by the federal law on actuarial activities in the Russian Federation. "; (s) in the first paragraph of paragraph 6 of the word" in paragraphs 1 and 2 "should be replaced by the words" in paragraphs 1, 2, 3-1 "; and). supplement paragraph 12 with the following: " 12. The Insurer shall be required to notify in writing the supervisory authority of the appointment and the discharge of the persons referred to in paragraphs 1, 2, 3 to 1 of this article, no later than ten working days from the date of acceptance thereof. "; 27) in article 32-3, paragraph 1: (a), subparagraph 2, restate: " (2) the presence of a licence for the activity referred to in paragraphs 2 to 6, paragraph 2, of article 32, paragraph 2 of this Act, as of the date of acceptance by the insurance supervisory authority of the decision on the issue of extradition Licence of this body to suspend a previously issued licence; "; (b) in subparagraph 3 of the word" regulatory acts of the insurance regulatory authority "shall be replaced by the words" adopted by the regulatory acts of the organ (a) Paragraph 6 (6) the non-conformity of the managers (including the individual executive, the head of the collegiate executive) Chief Accountant, Internal Auditor, Head Internal audit service of the subject of the insurance business, the actuary's qualification and other requirements established by this Law, the federal law on actuarial activities in the Russian Federation; "; ), subpara. 8 : " 8) the existence of an unfulfilled regulation of the insurance supervisory authority on non-compliance with the requirements to ensure financial stability and solvency, as well as the non-reporting required under article 28 of the present report. Law, license applicant for activities listed in paragraphs (a) Paragraph 1 of article 32, paragraph 2, of the Act; editions: " 2. The period of validity of a licence may be restricted in the cases prescribed by federal laws. "; in paragraph 3 shall be declared null and void; 29) in article 32-6, paragraph 2: (a), subparagraph 1, amend to read: "(1) the implementation by the subject of the insurance business of activities prohibited by the legislation of the Russian Federation, as well as violations by the subject of insurance claims set by insurance legislation;"; b), subpara. 3 next revision: " 3) Insurer established requirements for asset ratios and liabilities, other requirements established to ensure financial sustainability and solvency, including failure to comply with the insurance premium groups of specified requirements on a consolidated basis; "; in) in subparagraph 4 of the word" and (or) its territorial authority "to delete; g) in subparagraph (6) of the word" and (or) its territorial authority ", delete; (d) in subparagraph (d) In paragraph 10 of article 32, replace the words "in article 32, paragraph 11" with "article 32, paragraph 11"; 30) in article 32-8: (a) in paragraph 2: sub-paragraph 1 is supplemented with a new paragraph third reading: " in the event of repeated years of non-submission or repeated throughout the year Violations of more than 15 working days of the reporting deadlines provided for by this Law, other federal laws, statutory acts of the insurance supervisory authority; "; paragraphs 3 and 4, respectively Paragraphs 4 and 5; of subpara. 2. "(2) On the initiative of the subject of the insurance business, on the basis of his application in writing, refusing to carry out the authorized activity with the application of the documents referred to in paragraph 9 of this Article."; b) supplement paragraph 2-1 as follows: " 2-1. The insurance supervisory authority shall decide to withdraw the license of the insurance organization without the requirement, if the insurance organization has not fulfilled the requirement to increase its authorized capital in the event of an increase in the minimum The size of the insurer's authorized capital in accordance with paragraph 3 of article 25, paragraph 3, of this Law. "; in paragraph 7 of the phrase" after three months from the date of entry into force of the decision of the insurance supervisory authority to withdraw the licence " delete after "means" with "(capital)"; g) Paragraph 8 after the word "accounting" should be supplemented by the word "(financial)"; (d) in paragraph 9, subparagraph 3, after the word "accounting" to be supplemented by the word "(financial)", the words "auditor's opinion" were replaced by the words "audit opinion"; (e) Paragraph 9, paragraph 3, subparagraph 3, after the word "accounting" should be supplemented by the word "(financial)"; , paragraph 9-6, after the word "accounting" to be supplemented by the word "(financial)"; 31) in article 32-9: (a) the name should be stated in , to read: " Article 32-9. Types of insurance "; b) first paragraph 1 should read: " 1. The following types of insurance are being implemented in the Russian Federation: "; , paragraph 2, as follows: " 2. The insurance company is obliged to notify the insurance supervisory authority of the types of insurance covered by this article and which it intends to carry out under the relevant activity (voluntary insurance). life, voluntary personal insurance, excluding voluntary life insurance, voluntary property insurance) in the order and within the time limits set by the insurance supervisory authority. Insurer is required to submit to the insurance supervisory authority the insurance rules it has adopted under the insurance policy, the calculation of insurance rates together with the actuarial calculations used, the structure of the tariff rates and the provisions on the insurance. Formation of insurance reserves in the order and within the time limits set by the insurance supervisory authority. On changes made to the documents referred to in this paragraph, the insurer is obliged to report in writing to the insurance supervisory authority and simultaneously submit documents confirming the changes, in the order and within the time period established by the insurance supervision authority. "; g), paragraph 3, shall be declared invalid. Article 2 1. To be void: 1) Paragraph 9 of Article 1 of the Federal Law of 20 November 1999 N 204-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5622); (2) "in" paragraph 3, paragraphs 4, sixteenth to twenty-fourth paragraph 9, paragraphs 30-fifth, thirty-sixth and one hundred and second paragraph 15 of article 1 of Federal Law dated 10 December 2003 N 172-FZ " On introducing amendments and additions to the Russian Federation's Law "On the organization of the insurance business in the Russian Federation" and recognition OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, 2003, N 50, 100 4858); 3) article 1, paragraph 2 (b), of the Federal Law of 7 March 2005, N 12-FZ " On amendments to the Law of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Russian Federation, 2005, 760); 4) Subparagraph 2 (g) of article 1, paragraph 2, of the Federal Act of 29 November 2007, No. 287-FZ " On amendments to the Law of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (5) Paragraphs 2 and 4 of Federal Act No. 243-FZ of 30 October 2009 on amending article 32-1 of the Russian Federation Act OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5172); 6) article 1, paragraph 3, of the Federal Law of 22 April 2010, N 65-FZ " On amendments to the Law of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1988). 2. Admit invalid since 1 September 2013: 1) Article 1, paragraph 5 of Federal Law of 10 December 2003 N 172-FZ " On introduction OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4858); 2) article 1, paragraph 4, of the Federal Law of 7 March 2005, No. 12-FZ "On amendments to the law of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION Federation, 2005, N 10, st. 760); (3) Article 1, paragraph 2, of the Federal Law of 22 April 2010, N 65-FZ "On amendments to the Law of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1988); 4) Article 1, paragraph 2, of the Federal Law of 30 November 2011 N 362-FZ " On amendments to certain legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7040). Article 3 1. This Federal Law shall enter into force at the expiration of one hundred and eighty days after the date of its official publication, with the exception of the provisions for which the present article sets a time limit for their entry into force. 2. Paragraph 1, paragraphs 4 and 5 (a), paragraph 8, second and fifth paragraphs of "B", paragraph 19, subparagraph (b), paragraph 23, subparagraphs (a) to (b), paragraph 24, subparagraph (b), and article 2, paragraph 29 This Federal Act will enter into force on 1 September 2013. 3. Paragraph 2, subparagraph 3 (a), second and third subparagraphs (b), paragraph 5, subparagraph (b), subparagraph (b) of paragraph (6), subparagraph (g) of article 1, paragraph 26, of this Federal Act shall enter into force on 1 January 2015. 4. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Act) applies to legal relations that have arisen after the day of the entry into force of this Federal Act. 5. Paragraph 3 of article 6 of the Law of the Russian Federation, paragraph 3, of the Law of the Russian Federation. The text of the present Federal Law is applied until 22 August 2017. 6. Regulations set by the first and second paragraphs of paragraph 3 and article 6, paragraph 4, of the Russian Federation Act of 27 November 1992 N 4015 -I -I " On the organization The insurance business in the Russian Federation " (in the wording of this Federal Law) does not prohibit the enjoyment of the insurance activities provided by these insurance provisions by insurance organizations that have carried out such insurance activity on the territory of the Russian Federation. 22 August 2012, subject to article 6, paragraph 5, of the Act Russian Federation of 27 November 1992 N 4015 -I "On the organization of the insurance business in the Russian Federation", in force until the day of entry into force of this Federal Law. 7. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The obligation of the insurer under the contract of compulsory insurance of civil liability of vehicle owners has been applied since July 1, 2014. 8. The obligation of the insurance organization to transfer the securities referred to in article 262-2, paragraph 1, of the Russian Federation Act of 27 November 1992 "On the organization of the insurance business in the Russian Federation" (in the wording of this Federal Law), for the purpose of accounting and storage, the specialized depositary shall be applied as of July 1, 2015. 9. The requirement for an insurance broker to guarantee the performance of obligations in the forms and amounts set out in paragraph 6 of Article 8, paragraph 6, and article 32, paragraph 6, of the Russian Federation Law N 4015 -I " On the organization of the insurance business in the Russian Federation " (in the wording of this Federal Law), applies from July 1, 2015. 10. Article 8, paragraph 4, of the Russian Federation Law of 27 November 1992, No. 4015 -I -I "On the organization of the insurance business in the Russian Federation" (in The law prohibits insurance agents and insurance brokers to become beneficiaries under the insurance contracts from July 1, 2014. 11. The provision of article 32-3, paragraph 1, of the Russian Federation Act of 27 November 1992 No. 4015 -I -I "On the organization of the insurance business in the Russian Federation" The Federation (as amended by the present Federal Act) applies to qualification requirements established by the federal law on actuarial activities in the Russian Federation as from 1 January 2015. 12. Insurers created prior to the date of entry into force of this Federal Law within three months from the date of its entry into force are required to submit documents confirming compliance with the requirements established by the articles to the insurance supervision authority. 28-1, 28-2, 11-13 in 3, 4, 6, paragraph 5, 32, 32, 32, 1, 2, 3, 1, 32-1 of the Russian Federation Act dated 27 November 1992 N 4015 -I " On the organization of the insurance business in OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law No. N 57-FZ 13. Insurance licence (reinsurance) forms issued by the insurance supervision authority prior to the day of the entry into force of this Federal Act are to be replaced in the same manner and in time as are fixed by the insurance supervisory authority, but not two years after the date of the entry into force of this Federal Law on the application of the subject of the insurance business in order to bring it into conformity with the requirements of article 32 of the Law of the Russian Federation 27 November 1992 N 4015 -I OF THE PRESIDENT OF THE RUSSIAN FEDERATION President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 July 2013 N 234-FZ