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On Amendments To The Federal Law "on Agricultural Cooperation"

Original Language Title: О внесении изменений в Федеральный закон "О сельскохозяйственной кооперации"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On agricultural cooperation" adopted by the State Duma on April 8, 2015 Approved by the Federation Council on April 15, 2015 Article 1 of Agricultural Cooperation " (Legislative Assembly Russian Federation, 1995, No. 4870; 1999, N 8, sect. 973; 2003, N 2, article 160, 167; N 24, est. 2248; 2006, N 45, sect. 4635; 2007, N 27, sect. 3213; 2009, N 29, 100 3642; 2013, N 30, sect. 4084; N 51, sect. 6683; 2014, N 45, sect. The following changes have been made to: 1) in paragraph 5 of article 6, the word "property" shall be replaced by the word "property". The funds of the credit cooperative's reserve fund shall be invested only in banks participating in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation; "; 2) in article 31, paragraph 3, second sentence In the words "the credit cooperative is also subject to liquidation on the basis of a decision of the court at the request of the Bank of Russia"; 3) in article 40-1: (a), paragraph 2 should read as follows: " 2. The financial assistance fund is formed through part of the credit cooperative's own funds and the funds attracted to the credit cooperative in the form of loans received from members of the credit cooperative, associate members of the credit cooperative, Loans of credit and other organizations, as well as from funds attracted to the credit cooperative in accordance with the budgetary laws of the Russian Federation. The loans are made in cash only. The size of the financial assistance fund, the manner in which it is formed and used are determined by the charter of the credit cooperative, the decisions of the general meeting of the members of the credit cooperative. "; b), paragraph 5 of paragraph 7, shall be supplemented with the words", for the exception to the cases provided for in this Federal Law; , paragraph 11, amend to read: " 11. The credit cooperative is required to comply with the following financial regulations: 1) the ratio of the size of the reserve fund to the total amount of debt owed by the loan cooperative from the credit cooperative members of the credit cooperative and associated members of the credit cooperative must be at least three per cent (at least two per cent for a credit cooperative whose term is less than two years from the date of the credit cooperative) Creation) and, as of 1 June 2020, at least five per cent (at least 3 per cent) a credit cooperative whose duration is less than two years from the date of its establishment); 2) the debt-to-principal ratio of the loan cooperative One member of the credit cooperative, and the total amount of debt owed by the credit cooperative from members of the credit cooperative, should not be more than 20 per cent (no more than 30 per cent for a credit cooperative whose duration is Less than two years from the date of its establishment); (3) the ratio of principal debt incurred in connection with the loan and (or) loans to one member of the credit cooperative and the total debt The principal debt owed by the credit cooperative should not be more than 25 per cent (not more than 30 per cent for a credit cooperative whose term is less than two years ' duration). day of its establishment); 4) ratio of the value of the credit fund to the The debt of the cooperative and the amount of the debt owed by the credit cooperative from the credit cooperative members and associate members of the credit cooperative must be at least three %; 5) the ratio of the sum of money allocated to the next level of credit cooperatives, and the share of liabilities of the credit cooperative that includes the trust fund and the borrowed money of the credit cooperative, should -not more than 25 per cent; 6) proportion of assets credit cooperative, including cash and debts owed by the credit cooperative, and the total amount of debt owed by the credit cooperative with loans by a credit cooperative, should be at least 70 per cent; 7) the ratio of the sum of the monetary requirements of the credit cooperative, the maturity of which is due within twelve months, and the sum of money the obligations of the credit cooperative 12 months. "; g) to supplement item 11-1 as follows: " 11-1. The numerical value of the financial regulation referred to in paragraph 11 (7) of this Article and the procedure for calculating the financial regulations referred to in paragraph 11 of this article shall be established by the Bank of Russia. For credit cooperatives whose duration is less than two years from the date of their establishment, the Bank of Russia has the right to determine the procedure for the calculation of the financial standard provided for in paragraph 11, subparagraph 7, of this article a numeric value. "; 4) to supplement article 40-2 with the following content: " Article 40-2. Regulation of activity, control and supervision of credit cooperatives 1. With regard to credit cooperatives, the Bank of Russia: 1) issues, within its competence, regulatory acts governing credit cooperatives; 2) maintains a public register of credit cooperatives on the basis of " Information received from the authorized federal executive body conducting the state registration of legal entities, in accordance with the procedure established by the Bank of Russia; (3) carries out supervision of compliance by credit cooperatives of the requirements set out in the present Federal law, other federal laws and regulations of the Bank of Russia; 4) requests the credit cooperative to request constituent documents, internal documents and other documents related to the credit cooperative of the Bank of Russia, other federal laws and regulations of the Bank of Russia; 5) requests its activities and necessary for the supervision of credit cooperatives Information on the financial and economic activities of the Cooperatives of State statistics, the federal executive authority, the Commissioner for Control and Oversight of Taxes and Fees, Other State Authorities, Audit Unions of Agricultural Cooperatives and Their Self-regulating organizations, self-regulating organizations of agricultural consumer cooperatives; 6) asks for information about the credit cooperative in a single state register of legal entities; 7) not more than one Once every two years, it conducts scheduled compliance checks. A cooperative of the requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, Bank of Russia regulations in the order established by the Bank of Russia; 8) performs unplanned Review credit cooperatives on the basis of applications of the audit unions of agricultural cooperatives and their self-regulating organizations, self-regulatory organizations of credit cooperatives, other legal entities, and individuals, organs of the State OF THE PRESIDENT OF THE RUSSIAN FEDERATION Bank of Russia regulations, set by the Bank of Russia; 9) gives credit to the credit cooperative in accordance with the Bank of Russia regulations, which are mandatory for the enforcement of orders for the elimination of detected violations; 10) is entitled to ban a credit cooperative in the order of Bank of Russia regulations, loans from members of the credit cooperative, associate members of the credit cooperative, loan co-op of new members and issuance of loans until the violations are eliminated or until the violations are eliminated. The termination of the circumstances that led to the prescription of the prohibition in the case of: repeated violations of the financial regulations referred to in paragraph 11, repeated within one year (except clause 6) Article 40-1 of this Federal Law; Within one year of violation of the requirements of article 6, article 7 (except paragraph 3), articles 7 to 2 and 7 to 3 of the Federal Act of 7 August 2001, No. 115-FZ " On countering the legalization (laundering) of proceeds of crime The financing of terrorism " and the (or) repeated violations of the Bank of Russia regulations issued in accordance with the said Federal Law over a period of one year; financial regulation under paragraph 11, subparagraph 6, of article 40-1 of this Federal Law; one year of obstruction of the credit cooperative's activity; 11) is entitled to apply to the court for the liquidation of a credit cooperative in repeated failure of one year by the credit cooperative to eliminate the detected violations in the Bank of Russia's fixed term; one-off default of one year's credit Credit Cooperative Order of the Bank of Russia Implement loans from members of the credit cooperative, associate members of the credit cooperative, reception into a credit cooperative of new members and loans until the violations are eliminated or the circumstances are terminated for the purpose of directing the prohibition; repeated in one year of violation by a credit cooperative of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, Bank of Russia regulations; One year the credit cooperative is required to meet the requirements of article 31, paragraph 3, of this Federal Act. 2. The credit cooperative has the right to appeal against actions (inaction) of the Bank of Russia to court. 3. A credit cooperative quarterly or through the associations of credit cooperatives, self-regulating credit cooperative organizations are required to submit to the Bank of Russia documents containing a report on their activities and accountancy. (Financial) reporting. The credit cooperatives, individually or through the associations of credit cooperatives, are obliged to submit to the Bank of Russia documents containing a report on the personal composition of their governing bodies; In the event of a change in the composition of its governing bodies, it shall be required to submit the report not later than within fifteen days of such changes. The form, timing and procedure of the credit cooperative of these documents is established by the Bank of Russia. ". Article 2 1. This Federal Act shall enter into force on 1 June 2015, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Paragraph 1, paragraphs 1 to 5 and 7 to 9 of subparagraph (c), paragraph 3, paragraph 3, paragraphs 14 and 16 of article 1, paragraph 4, of this Federal Act shall enter into force on 1 June 2018. 3. Paragraph 3 of article 1, paragraph 3, of this Federal Law shall enter into force on 1 June 2020. President of the Russian Federation Vladimir Putin Moscow, Kremlin 20 April 2015 N 99-FZ