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On Amendments To The Federal Law On Insolvency (Bankruptcy) "

Original Language Title: О внесении изменений в Федеральный закон "О несостоятельности (банкротстве)"

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Russian Federation On Amendments to Federal Law "On insolvency (bankruptcy)" Adopted by the State Duma on November 21, 2014 Approved by the Federation Council on 26 November 2014 Article 1 (...) (...) Russian Federation, 2002, 4190; 2005, N 44, sect. 4471; 2006, N 52, sect. 5497; 2007, N 18, sect. 2117; 2008, N 30, sect. 3616; 2009, N 1, stop. 4; N 18, sect. 2153; N 29, st. 3632; 2010, N 31, sect. 4188; 2011, N 1, sect. 41; N 19 2708; N 30, est. 4576; N 49, sect. 7015, 7068; 2013, N 23, st. 2871; N 26, est. 3207; N 27, sect. 3477, 3481; N 52, est. 6975; 2014, N 11, st. 1095) the following changes: 1) Paragraph 35 of Article 2: " Federal Standards-Federal Standards of Professional Activity of Arbitration Rules and Federal Standards The activities of self-regulating organizations of arbitration managers developed by the national association of self-regulating arbitration managers, approved by the regulatory body under this Federal Law and which are Mandatory for enforcement by arbitral managers and Self-regulated organizations of arbitration managers. "; 2) in article 20: (a), paragraph 2 should be supplemented with the following paragraph: " absence of three years before the day of submission to a self-regulating organization Applications for membership in this self-regulating organization of exclusion from membership of this or other self-regulatory organization of arbitration managers in connection with violation of this Federal Law, other federal laws, other OF THE PRESIDENT OF THE RUSSIAN FEDERATION The standards and rules of professional activity, not resolved within the time limit set by a self-regulating organization, or which are of a fixed nature. "; (b), paragraph 11, should read: " 11. Membership of the arbitration manager in the self-regulating organization of the arbitral managers shall be terminated by decision of a permanent collegial body of management of a self-regulating organization in the case of an arbitration by an arbitral tribunal Self-regulated organization of a declaration of withdrawal from this self-regulating organization or, in the event of the exclusion of an arbitration manager from a self-regulating organization, in connection with: violation of the arbitration conditions of membership of the self-regulated organization; violation by arbitration proceedings OF THE PRESIDENT OF THE RUSSIAN FEDERATION It is an organization of time or is of an irrecoverable character. Membership of the arbitration manager in the self-regulating organization of the arbitration managers shall be terminated from the date of inclusion in the register of members of the self-regulating organization for the termination of the membership of the arbitration manager. "; in) to supplement paragraph 13 with the following: " 13. In the case of an arbitral manager who has applied for a self-regulatory organization to withdraw from the self-regulating organization, a case is opened for disciplinary action against it, the decision of a permanent institution of a collegiate authority of a self-regulatory organization to terminate the membership of such an arbitral manager after the completion of the proceedings against such arbitration insolvency representative disciplinary action. "; 3) in article 20-3: (a) Paragraph 9, paragraph 1, should read: "By arbitration under the present Federal Act to ensure the performance of its bankruptcy responsibilities by means of bankruptcy" The debtor is a professional member of the securities market, which carries out the activity of the securities owners ' registry, the audit organization (auditor), the appraiser, the organizer of the trades, and the operator of the electronic site must be accredited as a self-regulating organization and may not be interested in to the arbitral manager, the debtor and its creditors. "; (b) in paragraph 2: to add a new paragraph 10 to the following: " in the case where, under this Federal Law, The arbitral tribunal shall be bound by the arbitral tribunal to perform the bankruptcy proceedings, and the arbitral tribunal shall be bound by an accredited self-regulating organization of the arbitral tribunal. for their activities under article 20 to 7 of this Federal Law; "; Paragraph 10 is considered to be the eleventh paragraph; 4) in article 20-4: (a) the first paragraph of paragraph 1 is supplemented by the words" as well as the requirement of the self-regulating organization of the arbitral tribunal. in paragraph 2, after the words "or release"; , paragraph 4, add the following paragraph: " to reimburse members of the self-regulating arbitration organization losses arising from the need to bring the organization's compensation fund into line with the requirements of article 25-1 of this Federal Act after the compensation payment from the compensation fund Compensation for damages caused to persons participating in the bankruptcy case and other persons as a result of failure or improper performance by the arbitral managers of their bankruptcy proceedings, unless they acted in accordance with internal documents of self-regulating organizations, standards and rules of professional activity. "; g), paragraph 5, amend to read: " 5. Federal standards, standards and regulations may establish additional requirements to ensure the liability of the arbitral tribunal for non-performance or improper performance of duties in bankruptcy proceedings. Requirements to ensure the property liability of the arbitration manager arising from the obligation to reimburse members of the self-regulating arbitral award for damages caused by the need to bring The amount of the compensation fund of this self-regulating organization in accordance with the requirements of Article 25-1 of this Federal Law after the payment of compensation from the compensation fund of this self-regulating organization, are established by federal standards, standards and regulations Professional activities. These standards may establish the obligation of the arbitral tribunal to carry out the risk insurance of such civil liability. "; 5) in article 20-5: (a) the words" In the case of withdrawal "shall be replaced by the words" 1. In case of withdrawal "; b), supplement paragraph 2 with the following: " 2. In the case of the identification of a self-regulatory organization of arbitral awards relating to the insolvency representative of the membership, established by a self-regulating organization of which it is a member, Self-regulated organization of requirements for the competence, integrity and independence of the arbitral tribunal, the identification of obstacles to the approval of the insolvency representative in the bankruptcy case, including those arising from such arbitration Approval, detection of non-default or inappropriate execution The arbitration managers of the bankruptcy proceedings of the permanent regulatory body of the Self-Regulated Arbitration Organization shall make a decision to apply to the arbitral tribunal for -The release of the insolvency representative from the performance of his bankruptcy proceedings. The Self-Governing Organizing Arbitral Awards sends an application to the arbitral tribunal to release the arbitral tribunal from the performance of its bankruptcy proceedings for fourteen working days from the date of the adoption of such a decision. "; 6) in article 21-1, paragraph 7: (a) in the third paragraph, replace the words" termination of membership in "; b) with the following paragraphs: " acceptance to an arbitration member of a self-regulating organization Decisions to establish the size of the insurance amount under the compulsory liability insurance contract exceeding the minimum insurance amount established by paragraph 2 of article 24-1 of this Federal Law, on the obligation of arbitration in connection with the approval by the arbitral tribunal of the bankruptcy proceedings (with the exception of the bankruptcy of the absent debtor and the debtor whose carrying value does not exceed 100) (...) (...) (...) The liability under article 24, paragraph 2, of this Federal Act, the additional liability insurance contract of the A.T. Such a decision should establish the amount of the insurance amount under the additional liability insurance agreement. Decision of the collegial authority to terminate the membership of the arbitral tribunal if it is excluded because of a fundamental breach of the requirements of this Federal Act, other federal laws, and other regulations OF THE PRESIDENT OF THE RUSSIAN FEDERATION (b) in paragraph 2: Paragraph 7 to supplement the words " as well as in cases of violation by the arbitration rules of membership of a self-regulating organization, the requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, Federal standards, standards and rules of professional activity, application to an administrative penalty in the form of disqualification for the commission of an administrative offence and in other cases established by the present Federal Law "; eleventh set out in as follows: "comply with the requirements of this Federal Act, the Federal Act of 1 December 2007, No. 315-FZ" On self-regulating organizations " and in accordance with the list of mandatory information included in the Act. A self-regulating organization in the register of arbitration managers and the order of the self-regulatory organization of such a register, approved in the form of a federal standard, to be included in the register of members of the self-regulating organization of arbitration managers required information and maintenance of such a registry; "; paragraph The fifteenth supplement to the words ", to apply to the arbitral tribunal to be exempted from participation in the bankruptcy of the arbitration manager, a member of a self-regulating organization in the cases established by this Federal Law"; to add the following paragraphs: " to be carried out in accordance with the standards and rules of professional activity set by federal standards, standards and regulations, accreditation of persons employed by the arbitral tribunal to provide performing his duties in the bankruptcy case; provide access to the roster members of a self-regulatory organization of arbitration managers who are interested in receiving them in the manner established by the regulatory authority. "; 8) article 26, paragraph 10, Paragraph (s): " establish requirements and criteria for the accreditation of self-regulating arbitration managers ' insurance organizations, professional participants in the securities market, Register of securities owners, audit organizations (auditors), appraisers, organizers of tender, operators of electronic platforms and other persons employed by the arbitral tribunal to ensure the performance of its bankruptcy obligations at the expense of the debtor (hereinafter referred to as "the debtor"). Accredited persons). Such requirements and accreditation criteria should establish an exhaustive list of conditions, including the duration of accreditation, which cannot be less than one year, and the reasons for its termination, and the requirements for such persons, including: requirements to ensure the liability of an accredited person. "; 9), article 28, paragraph 4, should be supplemented with the following paragraph: " The price of publication of the particulars referred to in paragraph 1 of this article may be indexed not to the student. once a year on the consumer price index for the past year. " 10), in the first paragraph of article 59, paragraph 1, of the words "the publication of the information in the manner prescribed by article 28 of this Federal Act", replace the words "the costs of including the information provided for in this Federal Act". By law, the Single Federal Register of Bankruptcy and publication of such information in the manner prescribed by article 28 of this Federal Law; 11) in article 65: (a) in paragraph 3: to supplement the new Paragraph 4, paragraph 4: Self-regulated organization of arbitration managers in the event of the exclusion of an arbitration manager from a self-regulating organization for breach of arbitration rules of membership of a self-regulating organization, breach of arbitration of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity; "; to add to the fifth paragraph , to read: " based on application Self-regulated organization of arbitral managers in case of application to an administrative penalty of an administrative offence of disqualification for an administrative offence; "; second paragraph to read as paragraph sixth; (b) paragraph 3, paragraph 4, paragraph 4, amend to read: " The applications of the self-regulating organization of the arbitral managers to which it is a member in the event of the arbitration of the self-regulating arbitral tribunal organizations or applications of the self-regulating organization of the arbitral tribunal in accordance with article 20, paragraph 2, of this Federal Law. "; 12) in article 83, paragraph 5: (a) paragraph 3, amend to read: " on the basis of a motion The self-regulating organization of the arbitral managers of which it is a member, in the event of the arbitration of a self-regulating organization or an application of a self-regulating organization of arbitration managers adopted by that organization in under article 20, paragraph 2, of the Act; "; b) to supplement the new paragraphs with the ninth and tenth paragraphs as follows: " on the basis of an application from a self-regulating organization of arbitral managers in the event of the exclusion of an arbitral manager from self-regulating organizations in connection with the violation of the arbitration conditions of membership of a self-regulating organization and the violation by the arbitral tribunal of the requirements of this Federal Act, other federal laws or other normative legal acts of the Russian Federation. Federation, Federal standards, standards and regulations Professional activities; , based on an application from a self-regulating organization of arbitral managers in the case of an application to an administrative penalty in the form of disqualification for administrative the offences; "; (in) the ninth to eleventh paragraphs are considered to be the eleventh to thirteenth; 13) paragraph 3 of article 97, paragraph 1, of the following wording: " on the basis of an application Self-regulated Organizing Arbitral Organization, of which it is a member is, in the event of an arbitration from a self-regulating organization or application of a self-regulating organization of arbitration managers, adopted by that organization in accordance with article 20, paragraph 2, of this Federal Law; " 14) in article 98, paragraph 1: (a) to add a new paragraph to the fifth paragraph, to read: " on the application of a self-regulating organization of arbitral managers in the event of the exclusion of an arbitral tribunal from Self-regulating organization for breach of arbitration governing conditions of membership of a self-regulating organization, violation of the arbitration requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, federal standards, and rules of professional activity; "; b) add the following paragraph to the sixth paragraph: " on the application of a self-regulating organization of arbitral managers in the case of application to an arbitral tribunal of administrative punishment in the form of disqualification for committing Administrative Offences; "; in) Paragraph 5 is considered to be the seventh paragraph; (15) paragraph 5 of article 107, paragraph 3, after the words" and the release of the external manager "should be supplemented with the words" with reasons for release the external manager provided for by this Federal Law, "; 16) paragraph 1 of article 144, paragraph 3, to be supplemented with the words", upon application of the self-regulating organization of the arbitral managers to which he is a member, in the case of The withdrawal of an arbitration manager from a self-regulating organization or application Self-regulated organization of arbitration managers adopted by this organization in accordance with article 20 (2) of this Federal Law "; 17) in article 145 (1): (a) to supplement the next paragraph with the fifth paragraph. Table of contents: " based on the application of a self-regulated organization of arbitration managers in the event of the exclusion of an arbitration manager from a self-regulating organization for breach of the membership arbitration Self-regulating organization, violations of arbitration claims OF THE PRESIDENT OF THE RUSSIAN FEDERATION Content: "on the basis of a request of a self-regulating organization of arbitral managers in the case of application to an administrative penalty of disqualification for an administrative offence."; in), the fifth paragraph is considered to be the seventh paragraph. Article 2 Confess: 1) Paragraph 12 of Article 1 of Article 1 of Federal Law of December 30, 2008 The law on amendments to the Constitution of the Russian Federation (Parliament) of the Russian Federation, No. 4); 2) Article 1, paragraph 4 of the Federal Law of 28 December 2010, No. 429-FZ " On amendments to the Federal Law on Insolvency Law "The Law of the Russian Federation states that the law on insolvency (bankruptcy) of the Federal Law On Amendments to the Federal Law" On amendments to the Federal Law "On insolvency (bankruptcy)". 41). Article 3 1. This law shall enter into force on the date of its official publication. 2. The price of the publication of the information referred to in article 28, paragraph 1 of the Federal Law of October 26, 2002 N. 127-FZ "On insolvency (bankruptcy)", Official publication of such information after 14 March 2014 and until the Government of the Russian Federation has determined the official publication in the manner prescribed by article 28 (1) of Federal Law dated October 26, 2002, N 127-FZ "On insolvency (bankruptcy)" may be indexed not more than once per year to the consumer price index for the past year, which the edition of this publication notifies all interested persons through the publication of a communication. 3. Before the federal standards set by the Federal Law of 26 October 2002 N 127-FZ "On insolvency" are approved " (as amended by the present Federal Law), the normative legal acts issued prior to the day of the entry into force of this Federal Law shall apply. President of the Russian Federation Vladimir Putin Moscow, Kremlin 1 December 2014 N 405-FZ