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On Amendments To Certain Legislative Acts Of The Russian Federation And Repealing Certain Provisions Of Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации и признании утратившими силу отдельных положений законодательных актов Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation and the invalidation of individual legislative provisions of the Russian Federation, adopted by the State Duma of the Russian Federation on December 18, 2015 Approved by the Federation Council on 25 December 2015 Article 1 Article 7 of the Federal Law 1) to complete paragraphs 1-5-2 and 1-5-3 as follows: " 1-5-2. A credit institution, a microfinance company is entitled to assign, on the basis of a loan agreement, the identification or simplified identification of the client-a natural person, as well as identification of the client's representative, beneficiary and the beneficial owner, in order to enter into a consumer credit (loan) contract with the customer, as specified by the client, through the transfer of funds in accordance with the law on national payment system. 1-5-3. The requirements for credit institutions that may be entrusted with the identification or facilitation of identification pursuant to paragraph 1-5-2 of this article shall be established by the Bank of Russia in agreement with the authorized body. The Bank of Russia, in agreement with the authorized body, establishes requirements for the microfinance companies which, in accordance with paragraph 1-5-2 of this article, may delegate to credit organizations the conduct of an identification or simplified procedure. "; 2) in paragraph 1-6 of the words" in paras. 1-5 and 1-5-1 ", replace" in paragraphs 1 to 5-1-5-2 "; 3) in paragraph 1-8 of the words" paragraphs 1 to 5 and 1 to 5 "shall be replaced by the words" paragraphs 1 to 5-1-5-2 ", after the words" concluded with credit ". "to supplement the words" by the Microfinance Company, "after the words" In addition to the words "microfinance company", "add"; 4) in paragraph 1-9 of the words "paragraphs 1-5 and 1-5-1", replace "paragraphs 1-5-1-5-2" after "credit organization," with "microfinance" ";"; 5) paragraph 1-10 after "Credit organization," to be supplemented by the words "microfinance company,"; 6) paragraph 1-11 after the words "electronic payment," to be supplemented by the words " in the conclusion of the consumer contract Loans (loans), taking into account the particularities set out in paragraph 1-12-1 of this Articles, "; 7) add to 1-12-1 as follows: " 1-12-1. The provisions of paragraphs 1 to 11 and 1 to 12 of this article apply to a consumer credit (loan) contract with a sum not exceeding 15,000 roubles or a foreign currency equivalent of 15,000 rubles to the client- person through transfer of funds in accordance with the legislation on the national payment system in favour of a customer-natural person. "; 8) paragraph 1-13, after the words" to the physical person of the electronic tool payment, "add words" to the customer of the consumer credit (loan) with of the special features set out in paragraph 1-12-1 of this article, ". Article 2 The insolvency (bankruptcy) law of the Russian Federation (Parliament) of the Russian Federation, 2002, No. 4190; 2010, N 17, sect. 1988; 2011, N 7, sect. 905; N 29, st. 4301; N 48, sect. 6728; N 49, sect. 7015, 7040, 7068; N 50, stop 7357; 2013, N 30, est. 4084; N 52, sect. 6975; 2014, N 30, est. 4217; N 52, sect. 7543; 2015, N 1, est. 35; 27, sect. 3958, 3977; N 29, st. 4355) the following changes: 1) in article 189-5: (a), paragraph 2 should be redrafted to read: " 2. In the first place, after satisfying the requirements of the citizens to whom the debtor is responsible for causing damage to life or health, the requirements of the members of the credit cooperative (s) are to be satisfied. the credit cooperative's creditors, on the basis of their personal savings contracts concluded with them, in an amount not exceeding seven hundred thousand roubles, but not more than the principal sum of the debt owed to each member of the credit cooperative (the shareholders). " (b) paragraph 3, subparagraph 3, amend to read: " 1) in First of all-the requirements of paragraph 2 of this article and the remaining dissatisfied requirements of the members of the credit cooperative (s) of the persons who are the creditors of a credit cooperative on the basis of the contracts concluded with them Transfer of personal savings, including damages in the form of lost profits, and the payment of financial penalties; "; in), supplement paragraph 5 with the following: " 5. Claims by creditors for obligations secured against the property of a credit cooperative are met by the value of the bond, primarily to other creditors, with the exception of obligations to creditors of the first and second creditors "; 2) Chapter IX, paragraph 4, to supplement article 189-6-1 as follows: " Article 189-6-1. The requirements of the microfinance company's lenders 1. The requirements of the creditors of a microfinance company shall be satisfied in the order of priority specified in article 134 of this Federal Act, taking into account the circumstances set out in this article. 2. In the first place, after satisfying the requirements of the citizens to whom the debtor is responsible for the damage to life or health, the claims of the creditors of the microfinance company are to be met On the basis of the contracts concluded with it, the founders (the shareholders, shareholders) of the loan in the amount not exceeding three million rubles, but not more than the principal amount of the debt in relation to each creditor. 3. Requirements for termination indemnity, compensation and other benefits paid by the employees of the Microfinance Company, in the event of termination in excess of the minimum size of the relevant contract Payments established by labour law are not among the requirements of the second stage of creditors and are satisfied after creditors have satisfied the creditors of the third queue. 4. Claims by creditors for obligations secured against the property of a microfinance company are met by the value of the bond, primarily to other creditors, with the exception of obligations to creditors of the first and second creditors queue. 5. The requirements of the creditors of the third queue are to be satisfied in the following order: 1) first of all-the requirements of paragraph 2 of this article and the remaining claims of the creditors of the microfinance company- persons who are not its founders (shareholders, shareholders), on the basis of the loan agreements concluded with it, including compensation for loss of profit, and the payment of financial penalties; 2) in the second place, requirements of creditors of the microfinance company-individual entrepreneurs who are not its founders (shareholders, shareholders) on the basis of the loan contracts concluded with it; 3) in the third place-claims of other persons. ". Article 3 class="doclink "href=" ?docbody= &prevDoc= 102386398&backlink=1 & &nd=102139631" target="contents"> N 151-FZ "On Microfinance and Microfinance Organizations" (Russian Federation Law Assembly 2010, N 27, est. 3435; 2011, N 27, sect. 3880; N 49, sect. 7040; 2013, N 26, st. 3207; N 30, sect. 4084; N 51, sect. 6683, 6695; 2015, N 27, est. 4001; N 29, st. (4357) The following changes: 1) Article 1 after the words "regulation of activity" to be supplemented with the words "and supervision of activities"; 2) in article 2, paragraph 1: (a), paragraph 2 should read: " 2) A microfinance organization is a legal entity that performs microfinance activities and is incorporated in the State register of microfinance institutions in accordance with the procedure provided for by this Federal Law. Microfinance organizations can carry out their activities in the form of a microfinance company or a microcredit company; "; b) to supplement paragraphs 2-1 and 2-2 as follows: " 2-1) Microfinance Company-View A microfinance organization operating micro-financial activities taking into account the restrictions imposed by Parts 1 and 2 of Article 12 of this Federal Law, which meets the requirements of this Federal Act and Bank regulations of the Russian Federation, including its own funds (capital) and entitled To attract, for the purpose of carrying out such activities, the funds of natural persons, including non-founders (participants, shareholders), subject to the limitations set out in article 12, paragraph 1, of this Federal Law, and * [ [ Microfinance company]], a microfinance institution operating microfinancial activities taking into account the limitations of article 12, paragraphs 1 and 3, of this Federal Law To attract funds from individuals for the performance of such activities, which are its founders (participants, shareholders) and legal entities; "; , in) in paragraph 3, the words" one million roubles "were replaced by the words" the size of the borrower's obligations to the borrower on the principal debt established by In paragraph 4, in paragraph 4, replace the words "the amount set by paragraph 3 of this Part" with the words "the limit of the borrower's obligations to the borrower on the principal debt established by this Federal Act". "; 3) in part 3 of article 3 of the words", housing Cooperatives "delete; 4) in article 4: (a) Part 3 should read: " 3. The state register of microfinance organizations provides information on microfinance companies and microcredit companies. "; b) Part 4 recognizes void; 5) Article 5, amend to read: " Article 5. Acquisition of Microfinance Organization status 1. A legal person acquires the rights and obligations of a microfinance company or a microcredit company provided for by this Federal Act from the date on which it acquired the status of a microfinance organization. 2. A legal entity acquires the status of a microfinance organization from the date of its incorporation into the State register of microfinance organizations and loses the status of a microfinance organization from the date of exclusion of the said information from the register. 3. To acquire the status of a microfinance organization is entitled to a legal entity registered in the form of a fund, an autonomous non-profit organization, a business society or a partnership. The incorporation of the legal entity into the State register of microfinance institutions is carried out after its state registration as a legal entity. 4. Information on the legal person in accordance with the requirements established by this Federal Law for Microfinance Companies or Microcredit Companies is entered into the State Register of Microfinance Organizations within thirty working days from the date of submission of the following documents and information to the Bank of Russia (hereinafter-the complainant) to the Bank of Russia: 1) applications for information about the legal entity in the state register of microfinance organizations signed by the head of state by a legal person or a person authorized by him/her, with the indication of his or her family name, of the estate, patronymic (if any), place of residence and contact phones in the form prescribed by the Bank of Russia regulations; (2) copies of the legal entity's constituent documents; 3) copies of the decision on the establishment of a legal entity; 4) address information (on the location) of the permanent executive body of the legal entity responsible for communicating with the legal person; 5) copies of the decision on election (appointment) of the governing bodies Legal person acting on the day of submission of documents to the Bank Russia; 6) information about the founders (participants, shareholders) of a legal entity, in the form prescribed by the Bank of Russia regulation; 7) of the original certificate of possession (no) of the members of the Board of Directors (Supervisory Board), members of the collegiating executive body, the sole executive body of the legal entity, the founders (participants, shareholders) who have the right to dispose of 10 or more per cent of the voting shares (shares) constituting the authorized capital of a legal entity issued The competent authority and the date of issue which does not exceed three months before the date of its submission; 8) from the register of foreign legal persons of the country of origin or other equal legal person. Power of the document confirming the legal status of the founder (participant, shareholder)-foreign legal entity (for legal entities with foreign founders (parties, shareholders); 9) proof of payment State duty for the incorporation of the legal person into the State Register of microfinancial organizations; 10) of the internal controls developed to counteract the legalization (laundering) of criminally obtained incomes and the financing of terrorism under the Federal Act of 7 August 2001 No. 115-FZ "On countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism" (hereinafter referred to as the internal control rules for countering the laundering and financing of terrorism); 11) copies of the document on the appointment of a special official Responsible for the implementation of the internal control rules on countering the laundering of the proceeds of crime and the financing of terrorism. 5. In order to obtain the status of a microfinance company, the legal person, together with the documents and information prescribed in Part 4 of this article, shall submit documents and information on the form and in the order established by the Bank of Russia regulation, confirming the existence of own funds (capital) in the amount established in part 7 of this article and sources of origin of the funds made by the founders (participants, shareholders). 6. The Bank of Russia, when considering the application for information about the legal entity in the state register of microfinance organizations, is entitled to request from the federal executive authority, which performs state registration of legal entities, Individuals as sole proprio entrepreneurs and peasant (farm) holdings, details of the State registration of the applicant as a legal entity. 7. The minimum amount of its own funds (capital) is RUB 70 million. 8. The Microcredit Company, whose information is contained in the public register of microfinance institutions, shall be entitled to submit an application for change in the form of the necessary documents and information provided for in Part 5 of this Article Microfinance organization and activity in the form of a microfinance company, in the form prescribed by the Bank of Russia regulations, to make corresponding changes in the state register of microfinance organizations. 9. The Microfinance Company, whose information is contained in the state register of microfinance organizations, has the right to apply for a change in the form of a microfinance organization and the activity in the form of a microcredit company in the form of a microfinancial company. The regulatory act of the Bank of Russia, in order to make appropriate changes in the state register of microfinance organizations with the application of documents and information confirming the lack of obligations on the part of this microfinance company. to the contracts of the loan to individuals, including individual by non-founders (shareholders, shareholders). 10. The constituent documents of the non-profit organization, submitted to the Bank of Russia pursuant to this article, at the time of submission and throughout the period of the activity of the non-profit organization in the status of a microfinance organization, shall Contain that microfinance is one of the activities carried out by a non-profit organization, as well as information that the proceeds of microfinance activities should be channelled non-profit organization for microfinance activities and its Provision, including the payment of loans and interest received by the microfinance institution and interest thereon, for social purposes or for charitable, cultural, educational or scientific purposes. 11. Documents submitted in accordance with this article must be submitted in the official language of the foreign State concerned, translated into Russian and certified in accordance with the established procedure. Order. 12. The Bank of Russia submits information about the legal entity to the state register of microfinance organizations no later than five working days from the day of its decision and sends a certificate of legal information to the applicant. a person in the state register of microfinance organizations at the address of a legal entity, specified in a single state register of legal persons, or otherwise established by Bank of Russia regulation, if relevant -Legal personality. 13. The Bank of Russia establishes the form of the certificate of incorporation into the state register of microfinance organizations. 14. The certificate of incorporation of the legal entity into the state register of microfinance organizations is subject to redecorating in accordance with the regulatory act of the Bank of Russia, if the information contained in this certificate changes. 15. No legal entity in the Russian Federation, except for legal entities, whose information has been entered in the state register of microfinance organizations and legal entities established for the conduct of microfinance activities and acquisition the status of a microfinance organization, cannot use the term "microfinance company" or "microcredit company" in its name or otherwise indicate that the entity has the right to exercise Microfinance activities under this Federal Act. A legal entity created to carry out microfinance activities and acquire the status of a microfinance organization is entitled to use the term "microfinance company" or "microcredit company" in its name ninety calendar days from the date of the State registration as a legal entity. In the event of loss by a legal person whose name includes the term "microfinance company" or "microcredit company", the status of the microfinance organization is obliged to exclude it from its name "Microfinance company" or "microcredit company" within thirty working days from the date of exclusion of the legal entity from the State Register of Microfinance Organizations. No legal entity in the Russian Federation can use the term "microfinance organization" in its name, as well as a combination of letters "mfo". 16. The name of the microfinance company should contain the term "microfinance company" and its organizational and legal form. The name of the microcredit company should contain the term "microcredit company" and its organizational and legal form. 17. The legal entity whose information has been entered in the register of microfinancial organizations is obliged to inform the Bank of Russia about changes in the address (location) of the permanent executive body of the legal entity during the period thirty calendar days from the date of the relevant changes, as well as the changes made to its constituent documents, within thirty calendar days of the State registration of these changes in accordance with the established procedure. "; 6) in Article 6: a) in Part 1, paragraph 3, replace by "Part 1-1" "Parts 1-1 and 1-3"; b) supplement 1-1 with the following content: " 1-1. In addition to the grounds specified in Part 1 of this Article, the State Register of Microfinance Organizations shall, in the form of a microfinance institution, refuse to comply with the requirements of the legal entity. The Bank of Russia's own funds (capital) are established by this Federal Law and Bank of Russia regulations. In the introduction of information to the State Register of Microfinance Organizations on the legal person, the purpose of which is to carry out activities in the form of a microcredit company, cannot be refused if the information on the legal person is excluded from the public register of microfinance institutions in the form of a microfinance company on the basis of article 7, part 1-3 of this Federal Law. "; 7) in article 7: (a) Part 1, as follows: editions: " 1. In the case of liquidation of the microfinance organization as a legal entity, the Bank of Russia excludes the information about the legal entity from the state register of microfinance organizations. " 1-1. Excluding the information about a legal person in the form of a microfinance organization from the state register of microfinance organizations can be implemented by the Bank of Russia on the basis of the decision of the Bank of Russia in the case of: 1) repeated in the course of The Federal Law of 21 December 2013 "On Consumer Credit (Loan)", Bank of Russia regulations, except for violations envisaged by the Federal Law of 21 December 2013. paragraph 2 of this Part; 2) organization of activities prohibited by this Federal Law; 3) repeatedly during the year of violations by the microfinance organization of the requirements set out in article 6, article 7 (with the exception of paragraph 3) and article 7-3 Federal Act of 7 August 2001 No. 115-FZ "On counteracting the legalization (laundering) of proceeds of crime and the financing of terrorism"; 4) repeated in the course of the year by the microfinance organization significantly unreliable reporting data; 5) if microfinance The organization did not provide any microloans during the year. "; in Part 1-2, amend to read: " 1-2. The procedure for determining and criteria of materiality of false reporting data shall be established by the Bank of Russia regulations. "; g) Part 1-3 should be set out as follows: " 1-3. In addition to the cases mentioned in part 1-1 of this article, the exclusion of information on a legal person in the form of a microfinance company from the state register of microfinance organizations may be carried out by the Bank of Russia on the basis of a decision of the Bank of Russia in the incidence of the reduction of the capital (capital) of a microfinance company repeatedly during the year, below the minimum value established by this Federal Law, or in the case of the size of its own funds (capital) below this minimum value for at least one hundred and eighty Calendar days. "; d) Part 1-4, amend to read: " 1-4. The Bank of Russia, in case of filing a corresponding statement of the microfinance organization in accordance with the regulatory act of the Bank of Russia, provides an exception to the information on the legal entity from the state register of microfinance organizations. The Bank of Russia will make a decision to exclude information about the legal person from the state register of microfinance institutions if it receives an application from a microfinance institution to exclude it from the state register of microfinance institutions. Register of microfinance organizations within forty-five calendar days from the date of receipt of the relevant application of the microfinance organization. Together with a statement made by a microfinance company to exclude it from the state register of microfinance institutions, the Bank of Russia should be provided with documents and information confirming the existence or absence of such a microfinancial institution. A company of obligations under the loan contracts to individuals, including individual entrepreneurs, who are not its founders (shareholders, shareholders). "; e), add the following content: " 1-5. Since the Microfinance Company sent a statement to the Bank of Russia to exclude information about it from the state register of microfinance organizations and until the decision of the Bank of Russia on the said statement, the microfinance company is not entitled attract funds of natural persons, including individual entrepreneurs, who are not its founders (participants, shareholders) and legal entities other than credit organizations. "; g) to supplement part 1-6 , to read: " 1-6. The Bank of Russia refuses to exclude the information on the legal person from the state register of microfinance institutions in accordance with the first paragraph of this part in the case of: 1) the existence of grounds for excluding micronucredit information. Companies from the State Register of Microfinance Organizations under Part 1-1 of this Article; 2) the Microfinance Company has obligations under the loan contracts to individuals, including individual by non-founders (participants, shareholders); (3) the existence of grounds for excluding information on a microfinance company from the state register of microfinance organizations, provided for in Parts 1 to 1 and (or) 1-3 of this Article. "; z) to supplement 1 to 7 , to read: " 1-7. Within fifteen working days from the date of exclusion of the microfinance company from the public register of microfinance institutions in the case stipulated by Parts 1 to 1 and (or) 1-3 of this Article, such a legal entity is obliged to provide In the Bank of Russia, documents and information confirming that this legal entity has obligations under the loan agreements to individuals, including individual entrepreneurs who are not its founders (participants, (...) (...) (...) (...) Content: " 1-8. If a microfinance company has obligations under the contract of the loan to individuals, including individual entrepreneurs who are not its founders (shareholders or shareholders), at the time of the exception of this information Microfinance company from the State Register of Microfinance Organizations in the case provided for by Parts 1 to 1 and (or) 1 to 3 of this Article, as well as the failure to submit documents and information confirming the existence or otherwise of the the legal entity of the obligations under the contracts of the loan to individuals, including by individual entrepreneurs who are not its founders (participants, shareholders), in the manner prescribed in part 1 to 7 of this article, the legal person must be liquidated in accordance with the requirements of article 7-1 of this article Federal Act, and if it is declared bankrupt, in accordance with the requirements of the Federal Act of 26 October 2002, N 127-FZ "On insolvency (bankruptcy)". "; to be completed by Part 1 to 9, to read: " 1-9. In case there are grounds for applying measures to prevent the bankruptcy of the microfinance organization from the time the Bank of Russia received a plan to restore its solvency, provided that it complies with the requirements of the Federal Law of 26 June 2016 The Bank of Russia has the right not to apply the insolvency (bankruptcy) and regulatory acts of the Bank of Russia until the end of the application of measures specified in the plan to restore its solvency. Effects of violations of economic standards established by the Replace the words "and 1 to 1" with the words ", 1, 1, 1 to 3 and 1-4"; 8) Chapter 2 to supplement Article 7-1 as follows: " Article 7-1. Elimination of the legal person who carried out activities of a microfinance company, at the initiative of the Bank of Russia (forced liquidation) 1. Bank of Russia within fifteen working days of receipt of documents and information confirming that the legal entity has carried out activities in the form of a microfinance company excluded from the state registry Microfinance organizations, in the case stipulated in Part 1-1 and (or) 1-3 of Article 7 of this Federal Law, obligations under the contracts of the loan to individuals, including individual entrepreneurs who are not by the founders (participants, shareholders) or if the said party fails to do so A legal person in the Bank of Russia of such documents and information, in accordance with the procedure established by article 7, part 1, of this Federal Act, is obliged to apply to the arbitral tribunal for the liquidation of the legal person who carried out the activities in question. the form of a microfinance company (hereinafter referred to as the statement of the Bank of Russia on the forced liquidation of the microfinance company), except if the information from the state register of microfinance institutions is excluded from the microfinance company (...) (...) Federal Act No. 127 of 26 October 2002 on insolvency (bankruptcy). 2. If, on the date of the exclusion from the State Register of Microfinancial Organizations, of the legal entity referred to in part 1 of this article, the legal entity has evidence of insolvency (bankruptcy) provided for in the Federal Act. By law of 26 October 2002, the Bank of Russia has applied to the arbitral tribunal for the recognition of that legal person insolvent (bankruptcy) in the manner prescribed by the Federal Act of 26 October 2002. October 2002 N 127-FZ "On insolvency (bankruptcy)". 3. The Court of Arbitration considers the application of the Bank of Russia on the compulsory liquidation of a microfinance company in accordance with the rules established by the Code of Arbitration of the Russian Federation, and taking into account the characteristics of the Russian Federation. of this article. The statement of the Bank of Russia on the forced liquidation of a microfinance company is considered by the arbitral tribunal within a period not exceeding one month from the date of submission of the said declaration. 4. The arbitral tribunal shall decide on the liquidation of the legal entity operating in the form of a microfinance company and the appointment of the liquidator of that legal person, unless the existence of insolvency (bankruptcy) is established The Microfinance Company for the Day of Exemptions from the State Register of Microfinance Organizations. " In considering the statement of the Bank of Russia on the forced liquidation of a microfinancial company, the preliminary court session, as stipulated by the Code of Arbitration for the Russian Federation, is not held. 5. The arbitration court directs the decision on liquidation of the legal entity, which carried out activities in the form of a microfinance company, the Bank of Russia and the authorized registering body, which makes a single state register of legal entities that the legal person is in the process of liquidation. "; 9) in article 9: (a) in Part 1: in paragraph 1, the word" application "should be replaced by the word" declaration "; paragraph 3 should read as follows: " 3) Implement along with the [ [ microfinance activity]] of the [ [ Inuit]] Activities, taking into account the limitations established by this Federal Act, other federal laws and constituent instruments, including other services, and other loans to legal entities and individuals under treaties Loans, mortgages and other loans to legal entities that are small and medium-sized businesses or have the status of a microfinance organization, a credit consumer cooperative, of the Agricultural Credit Consumer Cooperative, pawnshop Also legal persons who are affiliated persons of a microfinance organization, in accordance with the procedure established by federal laws and constituent instruments; "; , in paragraph 4, the words" article 12, paragraph 1 "shall be replaced by the words" Article 12 "; b) in Part 2: In paragraph 1, replace the word "application" by "application"; in paragraph 3, replace the word "application" by the word "application"; , in paragraph 5-1, replace the word "application" with the word "application"; to supplement paragraph 5-3 with the following: " 5-3) economic standards established by this Federal Law and Bank of Russia Regulations; "; 10) in article 10: in the name of the word" application "shall be replaced by the word" application "; in the first part of the first word "application" should be replaced by the word "application"; in Part 2, the word "application" should be replaced by the word "application"; , in Part 3, the word "application" should be replaced by the word "declaration"; 11), article 12, as follows: " Article 12. Limitations of Microfinance organization 1. Microfinance organization is not entitled: 1) to act as a guarantor for the obligations of its founders (participants, shareholders) and otherwise ensure the performance of the obligations by those persons; (2) without A preliminary decision by the highest authority of the Microfinance Organization to approve transactions relating to the alienation or alienation of the property owned by the microfinance organization or otherwise entailing a reduction in the book value of the property Microfinance organization for 10 per cent and more of the book value of the assets of the microfinance organization, as determined by the financial statements of the microfinance organization in the last reporting period. A transaction of a microfinance organization committed in breach of this requirement may be declared invalid at the claim of a microfinance organization or at the claim of not less than a third of its founders (participants, shareholders); 3) issuing foreign currency loans; 4) unilaterally resizing the interest rates and (or) how they are defined under the microloan contracts, commissions ' fees and the duration of these contracts with clients- by individual entrepreneurs or legal entities; 5) unilaterally To increase interest rates and (or) change the order in which they are defined under the microloan contracts, to reduce their duration, to increase or to establish commissions for those contracts with customers-individuals; 6) apply to a borrower who is a natural person, including an individual entrepreneor who has paid, in full or in part, to a microfinance organization, the amount of the microloan and the written notification of such a microloan The intention of the microfinance organization at least ten calendar days, penalty for early repayment of microloan; 7) to carry out any professional activity in the securities market; 8) to issue a borrower to a legal entity or to an individual entrepreneu micro-loan (microloans) if the sum of the principal debt of the borrower is a legal entity or individual entrepreneum before the microfinance organization under the contracts of the microloan in case of such a microloan (microloan) will exceed three million rubles; 9) to accrue interest and other payments to the borrower under the consumer loan contract, the term of return of the consumer loan for a period of not more than one year, with the exception of penalty (penalty, penalties) and payment for services rendered to the borrower at a fee, in the event that the amount of The contract of interest and other payments will reach four times the amount of the loan amount. The condition containing the ban should be specified by the microfinance organization on the first page of the consumer loan agreement, the term of return of the consumer loan for which does not exceed one year, before the table containing the individual the terms of the consumer loan contract; 10) use the full and (or) abbreviation, including the full and (or) abbreviation, the same or similar to the degree of mixing with full and (or) abbreviation Name, including the full and (or) abbreviation name, A microfinance organization or other financial organization that has been incorporated into a single State register of legal entities prior to the State registration of the relevant microfinance organization. The prohibition does not apply to microfinance organizations that use the full and (or) abbreviated name, including the full and (or) abbreviated trade name, which is the same or similar to the degree of intermingle with the full and (or) The abbreviated name, including the full and (or) abbreviated trade name, the affiliated microfinance or other financial organizations. 2. In addition to the limitations set out in Part 1 of this article, the microfinance company is not entitled to: 1) to attract funds of individuals, including individual entrepreneurs. This restriction does not apply to the attraction of funds of natural persons, including individual entrepreneurs: (a) who are founders (shareholders, shareholders) of a microfinance company; b) in the framework of a loan of one million five hundred thousand roubles and more, provided that the sum of the main debt of the microfinance company before such a loan is made by a single loan company within the framework of a loan agreement with a microfinance company. The loan shall not be less than 1 million roubles per thousand roubles. the period of validity of the said agreement; in) the purchasing bonds of the Microfinance Company, the issue (additional issue) of which was registered by the state registration and was accompanied by the registration of the securities prospectus, as well as the stock exchange Microfinance company bonds issued in accordance with article 27-5-2 of the Federal Act of 22 April 1996 No. 39-FZ "On the securities market"; g) purchasing bonds of a microfinance company not specified in paragraph 4 this paragraph, with a nominal value of more than one million five thousand If the amount of the borrower's principal debt is owed to the Microfinance Company under the microloan contracts in the case of a micro-financial company, each borrower is a microloan. The provision of such microloan (microloans) will exceed one million roubles; (3) in other activities, provided for in article 9, paragraph 3, of this Federal Law, to carry out production and (or) trade activities, as well as the opportunity to engage in production and (or) Trade activities in the constituent instruments; 4) unilaterally reduce interest rates and (or) change the order of their definition under loan contracts, reduce or increase the duration of these contracts, increase or establish commission fees for these contracts with clients-individuals, including individual entrepreneurs who provided funds to a microfinance company, except in cases provided for in the federal budget by law. 3. The Microcredit Company, in addition to the limitations established in Part 1 of this Article, is not entitled: 1) to attract funds of natural persons, including individual entrepreneurs, with the exception of the funds of natural persons, the number of individual entrepreneurs who are founders (participants, shareholders) of a microcredit company; 2) to issue a microloan to a natural person (microloans) if the principal of the borrower's principal debt to the microloan the Microloan Treaty Company, if such a loan is granted The microloan (microloans) will exceed five hundred thousand roubles; 3) to charge the credit institution under the contract with the identification or simplified identification of the client-the physical person; 4) to issue and post bonds. "; 12) in article 14: (a) Part 2, after the word" activities ", add" and supervision of activities "; b) in Part 4: in paragraph 4, the word" approved "shall be replaced by the word" established "; paragraph 5 restates: " 5) installs The procedure for forming reserves for possible loan losses; "; to supplement paragraphs 5-1-5-5, as follows: " 5-1) for a microcredit company that attracsums the money of individuals, including individual funds, Entrepreneurs who are founders (participants, shareholders) and (or) legal entities in the form of loans, may set the following economic standards: (a) ratios of own funds; b) standards liquidity; 5-2) for a microfinance company, attracting moneys of individuals, including sole proprio businessmen, and (or) legal entities in the form of loans, and a microfinance company engaged in issuing and placing bonds, may establish the following economic instruments: Regulations: a) ratios of own funds; b) liquidity ratios; in) maximum risk per borrower or group of related borrowers; g) maximum risk size associated with a microfinance company (a group of related Micro-finance company of persons); d) types and dimensions of other financial risks; 5-3) for microfinance organizations of entrepreneurial finance can identify distinct values from other microfinance organizations Economics Regulations; 5-4) monitors the compliance of microfinance institutions with economic standards; 5-5) sets out how to determine the equity (capital) of a microfinance company; " in paragraph 7 of the word " establishes the form, timing and order the direction, receipt and enforcement of orders for the elimination of the detected breaches "delete"; , paragraph 7-1, as follows: " 7-1) has the right to impose its order to ban a microfinance company on the Attracting the funds of individuals, including individual entrepreneurs, in accordance with article 12, paragraph 1, of this Federal Act in the event of at least one of the following grounds: (a) Violation of the Microfinance Company for the Economic Standards 5-2 of this Part; b) violation by a microfinance company of the restrictions imposed by paragraphs 1 and 3 of article 12, paragraph 2, of this Federal Law; in) the presence of late obligations on the borrowed A microfinance company, in accordance with article 12, paragraph 1, paragraph 1, of the present Federal Act, by means of individuals, including individual entrepreneurs; "; , paragraph 7-2, shall be declared null and void; 13) Article 15 should read as follows: " Article 15. { \cs6\f1\cf6\lang1024 } Reporting { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Reporting Microfinance organizations are required to report to the Bank of Russia, including accounting (financial) records, as well as other documents and information provided for in this Federal Law. 2. The Microfinance Company is obliged to submit to the Bank of Russia documents and information provided for in Part 3 of this Article: 1) when sending an application to the Bank of Russia to exclude it from the state register Microfinance organizations; (2) when sending a statement to the Bank of Russia on the change in the state register of microfinance organizations of the type of microfinance organization and implementation of activity in the form of a microcredit company; (3) Exemptions from the State Register of Microfinance In the case of articles 1 to 1 and (1) (3) of this Federal Act. 3. The format, deadlines, reporting and other documents and information of microfinancial companies and microcredit companies are established by the Bank of Russia regulation. 4. Microfinance companies are obliged to submit to the Bank of Russia an audit opinion on annual accounting (financial) reporting in order and in time, which are established by the Bank of Russia's regulatory act. 5. Accounting (financial) accounting and audit opinion on the annual accounting (financial) accounting of the microfinance company are subject to disclosure in accordance with the procedure established by the Bank of Russia's regulatory act. ". Article 4 Recognize invalid force: 1) article 16 (4) of Federal Law of June 29, 2015 N 210-FZ " On introduction OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4001); 2) article 9, paragraph 5, of the Federal Law of 13 July 2015, No. 236-FZ " On amendments to selected legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4362). Article 5 1. This Federal Law shall enter into force ninety days after the date of its official publication, with the exception of article 4, paragraph 2, of this Federal Act. 2. Article 4, paragraph 2, of this Federal Law shall enter into force on the date of the official publication of this Federal Law. 3. Microfinance organizations, which are included in the state register of microfinance organizations until the day of the entry into force of this Federal Law, are recognized by the microcredit companies irrespective of their absence The term "microfinance company" is required within one year from the date of the entry into force of this Federal Act to bring its name into line with the requirements of the Federal Law dated July 2, 2010 151-FZ "Microfinance and microfinance organizations" (as amended by this Federal Law). 4. At the end of one year from the date of the entry into force of this Federal Law, the Bank of Russia excludes microfinance organizations from the state register of microfinance organizations, which have failed to bring their name into line with the law. The requirements of the Federal Law of 2 July 2010 N 151-FZ "On microfinance activities and microfinance organizations" (in the wording of the present report) (...) (...) 5. Within one year of the entry into force of this Federal Law, the microfinance organizations referred to in part 3 of this article which have not carried out their name in conformity with the requirements of the Federal Law N 151-FZ "On microfinance activities and microfinance organizations" (as amended by this Federal Law) of a Loan Contract to attract funds from individuals, including Individual entrepreneurs who are not their founders (participants, shareholders), and also have the right to amend previous contracts of the loan to attract funds of individuals, including individual entrepreneurs, in the Part of the increase in the duration of these treaties, provided that the obligations of such microfinance organizations under the said treaties, including those of change, are to be fulfilled within one year of the entry into force of such treaties Federal law. 6. On the expiry of one year from the date of the entry into force of this Federal Law, the legal entities referred to in Part 3 of this article which have not carried out their name in conformity with the requirements of the Federal Law dated July 2, 2010 N 151-FZ " On microfinance activities and microfinance organizations " (in the wording of this Federal Law), is not entitled to make changes in Treaties concluded prior to the date of entry into force of this Federal The law on the attraction of funds of individuals, including individual entrepreneurs, in terms of increasing the time frame for the fulfillment of obligations under these treaties. 7. The exclusion of the information on a microfinance organization from the State Register of Microfinance Organizations in accordance with the provisions of Part 4 of this Article is the basis for the rejection of a natural person, including an individual In accordance with Article 450-1 of the Civil Code of the Russian Federation and the return of the individual to the individual, including the individual The entrepreneu, the amount of the loan with the interest due. 8. A legal entity whose information has been removed from the State Register of Microfinance Organisations in accordance with the provisions of Part 4 of this Article shall be required within one month of the date of exclusion from the State Register. Register of microfinance organizations to send to individual entrepreneurs, including individual entrepreneurs, notice of the existence of grounds for the termination of the loan agreements for the remainder of their term without penalty early termination. If the legal entity has not sent the notice in time, the amount of the loan will be payable in the amount stipulated in article 395, paragraph 1, of the Civil Code of the Russian Federation, from the date on which the notification should have been sent, until the day of return of the loan, the whole amount of the loan, regardless of payment of other interest and liquidated damages (fines, penalties). 9. In case of bankruptcy of the microfinance organization, which did not carry out its name in accordance with the requirements of the Federal Law of July 2 "On microfinance activities and microfinance organizations" (in the wording of this Federal Law), meeting the requirements of non-founders (shareholders, shareholders) Number of individual entrepreneurs, by loan agreement, This microfinance organization, as well as the loan agreements provided for in part 5 of this article, shall be subject to the conditions provided for in article 189-6-1 of the Federal Act dated October 26, 2002. 10. In the case of the bankruptcy of a legal entity whose information has been removed from the State Register of Microfinancial Organizations in accordance with the provisions of Part 4 of this article, the satisfaction of the claims of non-creditors by its founders (participants, shareholders), including individual entrepreneurs, under the loan agreements concluded by the legal entity at a time when the information was contained in the state register of microfinance organizations, as well as the loan provided for in Part 5 of this Article, is implemented taking into account the features of article 189-6-1 of the Federal Law of 26 October 2002 N 127-FZ " On insolvency (...) (...) 11. The provisions of article 189-5 of the Federal Law of 26 October 2002 N 127-FZ "On insolvency (bankruptcy)" (in the wording of this Federal Act) The law is applied by the arbitral tribunals when dealing with the bankruptcy of credit cooperatives that have been opened after the day of the entry into force of this Federal Act. 12. The provisions of article 7-1 of the Federal Law of 2 July 2010 N 151-FZ "On microfinance activities and microfinance organizations" (as amended) of this Federal Law) and the provisions of the Federal Law of 26 October 2002, No. 127-FZ "On insolvency (bankruptcy)" of this Federal Act) shall be applied by the arbitral tribunals Cases of bankruptcy and forced liquidation of microfinance organizations, as well as legal entities, which have been excluded from the public register of microfinance institutions in accordance with the provisions of Part 4 of this Convention Articles for which proceedings have been instituted after the date of the entry into force of this Federal Act. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2015 N 407-FZ