RUSSIAN FEDERATION FEDERAL LAW On Amendments to Articles 24 and 40-1 of the Federal Law "About Banks and Banking Activities" and Federal Law " On Voluntary declaration by individuals of assets and accounts (deposits) in banks and amending certain legislative acts of the Russian Federation ", adopted by the State Duma on 25 March 2016 Approved by the Federation Council on 30 March 2016 Article 1 Amend the federal law "On banks and banking" (in the wording of Federal Law dated 3 February 1996 N 17-FZ). 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 2009, N 18, sect. 2153; 2012, N 31, est. 4333; 2013, N 27, sect. 3438; N 51, est. 6699; 2014, N 52, sect. 7543) the following changes: 1) part of the twelfth article 24, as follows: " The single executive body of the credit institution is obliged to transfer the property, the databases to the electronic media and credit organization documents to the person of the company's managers. In the absence of such a person at the time of release from the post of the sole executive authority, he is obliged to ensure the preservation of property, databases on electronic media and documents of the credit institution, by notifying the Bank about the measures taken Russia. "; 2) Article 40-1, amend to read: " Article 40-1. Storage of information about the activity credit institution To store information about property, liabilities of the credit organization and their movement, the credit institution is obliged to reflect all implemented Operations and other transactions in databases on electronic media to ensure that the information contained in them is stored for at least five years from the date of inclusion in the database and allow access to such information a state for every operating day. The procedure for the establishment, maintenance and storage of databases containing such information shall be established by the Bank of Russia. The storage of information contained in the databases required by this article is also provided by the creation of their backups. The Bank of Russia is obliged to send a request for the creation and transfer to the credit institution of the Bank of Russia's request for revocation of the license provided for in the Bank of Russia. Backups of databases mandated by this article. The Bank of Russia is also entitled to submit a request to the credit institution for the creation and transfer of database backups to the Bank of Russia in the following cases: 1) the introduction in accordance with Article 74 of the Federal Law "On the Central Bank of the Russian Federation (the Bank of Russia)" restrictions on the implementation by the credit organization of certain operations and (or) ban on certain banking operations; (2) the introduction in accordance with article 48 Federal Law "On Insurance of the Deposits of Natural Persons in Banks of the Russian Federation" The Federation " to prohibit the deposit of funds of natural persons and to open and maintain bank accounts of natural persons; (3) the creation of grounds for the implementation of measures to prevent the bankruptcy of a credit institution, The insolvency (bankruptcy) of the Bank of Russia and the Agency for the purpose of conducting an analysis of the financial situation, established by article 189-10 of the Federal Law on Insolvency (bankruptcy); 4) to decide whether or not to Bank of Russia's proposal for the Agency's participation in the implementation of measures to prevent the bankruptcy or settlement of liabilities of the credit institution in the manner provided for in article 189-47 of the Federal Law "On Insolvency Law" (bankruptcy) ". In the event that the credit institution does not take measures to ensure the storage of information contained in the databases maintained by this article, including through the establishment of their backups, The credit institution is liable under federal law. The credit organization is obliged to keep records of monetary claims for which it is not a creditor, on the basis of a contract, performs the obligation to receive and transfer money from the debtors and (or) Other rights of creditors on the said monetary claims (maintenance of monetary claims). This is done in accordance with the Bank of Russia regulations. ". Article 2 Article 2 The Law "On voluntary declaration of assets and accounts (deposits) of individuals in banks and on amendments to certain legislative acts of the Russian Federation" (Assembly of laws of the Russian Federation, 2015, No. 3367) the following changes:
1) in Article 4: a) to be supplemented with Part 1-1, as follows: " 1-1. For the purposes of this Federal Law, use of the property in the form of shares, shares of participation and shares in the authorized (warehousing) capital of Russian and (or) foreign organizations, the owner or the actual owner of which at the date of submission The declaration is a declarant, as well as the use of controlled foreign companies, for which the declarant on the date of submission of the declaration is the controlling person, is recognized, inter alia, in the acquisition and disposal operations The assets of these organizations (controlled foreign companies). "; b) Part 10 should be supplemented with the following sentence: " At the same time, with regard to the declarations on participation of declarant in Russian and (or) foreign organizations, as well as information on controlled foreign companies, of which the declarant on the date of submission of the declaration is the controlling person, the guarantees provided for in this article shall be provided within the value of the assets of those organizations (controlled foreign companies) as at the date of submission of the declaration. "; in) Part 13 to supplement In the words "unless otherwise specified in article 7, paragraph 4, of this Federal Act"; (2) in article 6: (a) in the first paragraph of the Federation, unless the corresponding movable property is at the date of submission "Replace the word" Federation. "; b) paragraphs 1 and 2 shall be declared void; 3) in article 7, paragraph 4, the words" 1 January 2015 "should be replaced by the words" the date of submission of the declaration ". Article 3 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1 of this Federal Act. 2. Article 1 of this Law shall enter into force 10 days after the date of the official publication of this Federal Law. 3. Provisions of articles 4, 6 and 7 of the Federal Law of 8 June 2015 N 140-FZ " On the voluntary declaration of assets and accounts (deposits) of individuals, The amendments to certain legislative acts of the Russian Federation " (in the wording of this Federal Law) apply also to persons who submitted a special declaration before the day of the entry into force of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 April 2016 N 88-FZ
