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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 June 2016 Approved by the Federation Council on June 29, 2016 Article 1 Article 1 of the Russian Federation No. 4015 -I " On the organization of the insurance business in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 56; Legislative Assembly of the Russian Federation, 1998, No. 1, art. 4; 1999, No. 47, sect. 5622; 2002, No. 12, est. 1093; No. 18, sect. 1721; 2003, No. 50, sect. 4855, 4858; 2004, No. 30, Text. 3085; 2005, No. 10, est. 760; No. 30, sect. 3101, 3115; 2007, No. 2563; No. 46, sect. 5552; No. 49, sect. 6048; 2010, No. 17, est. 1988; No. 49, sect. 6409; 2011, No. 30, sect. 4584; No. 49, sect. 7040; 2012, No. 53, sect. 7,592; 2013, No. 30, sect. 4067; No. 52, sect. 6975; 2014, No. 23, est. 2934; No. 30, sect. 4224; 2015, No. 10, sect. 1409; No. 27, sect. 3946; No. 29, sect. 4385; 2016, No. (3094) the following changes: 1) in Article 8, paragraph 2, the words "its subsidiaries and the affiliated persons of the insurer" should be replaced with the words "its subsidiaries and affiliated persons"; 2) to supplement article 13, paragraph 1, of the following Content: " Article 13-1. National reinsurance company 1. The national reinsurance company is created in the organizational and legal form of the joint stock company in order to further protect the property interests of insured persons and to ensure the financial stability of the insurers. The Bank of Russia owns a hundred percent of its shares in the creation of a national reinsurance company. 2. One person or group of persons, defined in accordance with Federal Act No. 135-FZ of 26 July 2006 on the protection of competition, with the exception of the Bank of Russia, is not entitled to acquire more than 10 per cent of the shares of the national reinsurance company. The shares of the national reinsurance company, acquired in violation of the ban set by this paragraph, must be sold in compliance with the requirements of Russian legislation within one month of the date on which the shareholder found out. or should have known about that violation. In case of failure to comply, such shareholder (shareholders) shall be deprived of the right to vote at the general meeting of the shareholders of the national reinsurance company in excess of 10 per cent of the national reinsurance company's shares. company. These actions are not taken into account in determining the quorum of the general meeting of the shareholders of the national reinsurance company and the counting of votes at the general meeting of shareholders of the national reinsurance company. 3. The competence of the board of directors (supervisory board) of the national reinsurance company deals with the issues covered by the Civil Code of the Russian Federation, Federal Act No. 208-FZ of 26 December 1995 " On joint-stock companies and the definition, taking into account the provisions of this Act, of forms and types of reinsurance, approval of insurance risk assessment and insurance risk management, national reinsurance policy, decision making about participation in reinsurance pools. 4. The National Reinsurance Company creates a reinsurance council, which is a collegial deliberative body. The reinsurance board consists of representatives of the subjects of the insurance business, who have worked in insurance (reinsurance) for not less than ten years, representatives of associations of subjects of insurance business, including professional services. Associations, representatives of the professional community carrying out educational or research activities in the field of insurance, as well as responsible actuaries. The procedure for forming and implementing the activity of the reinsurance board shall be determined by the charter of the national reinsurance company, taking into account the requirements of this Law. 5. The members of the reinsurance board may not be employees of the national reinsurance company, shareholders of the national reinsurance company, their affiliated persons and employees of affiliated persons. 6. The priority areas of the national reinsurance company, the insurance risk assessment and risk management evaluation, and the changes to them are submitted to the Board of Directors (Supervisory Board) for approval The reinsurance company after its review by the reinsurance company and is to be placed on the website of the national reinsurance company on the Internet. "; 3) to supplement Article 13-2 of the following content: " Article 13-2. Reinsurance the risk premium on insurance contracts concluded to protect property interests of certain categories of persons 1. The National Reinsurance Company carries out reinsurance activities on the basis of a licence to reinsurance, including through participation in the activities of the reinsurance pools under federal law specific types of compulsory insurance. The National Reinsurance Company does not carry out insurance activities. 2. The National Reinsurance Company accepts the reinsurance liability for the principal insurance (reinsurance) of the property interests of the following persons: 1) for which there are restrictions directly or indirectly related to decisions of foreign authorities or international organizations and impeding their reinsurance outside the territory of the Russian Federation; (2) owners of dwellings, which have concluded with the policyholder (the insurer) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The terms and conditions of acceptance of the obligations referred to in paragraph 2 of this article shall be determined by the reinsurance agreement between the insurer (the insurer) and the national reinsurance company, taking into account the provisions on valuation of insurance premiums. Risk and management of insurance risk and the accounting policy of the national reinsurance company. 4. The insurer (the insurer) is obliged to transfer, and the national reinsurance company is obliged to accept the obligation of the insurance payment referred to in paragraph 2 of this article, in the amount of ten per cent of the transferred obligations, unless otherwise stipulated by the legislation of the Russian Federation with regard to the principal insurance (reinsurance) contracts for the property interests of the persons referred to in paragraph 2, subparagraph 2, of this article. In the event that the insurer (the insurer) transfers these obligations to other reinsurers (including the organizations referred to in article 13, paragraph 11 of this Law), the conditions for the acceptance of the national reinsurance company shall meet the conditions for the transfer of these obligations to other reinsurers. The national reinsurance company, by accepting the obligation of the insurance payment, follows the decisions of the insurer (the insurer) on the occurrence of an insurance event and in the performance of the insurance payment under the main insurance contract (reinsurance). "; 4) to add the following article 13-3: " Article 13-3. Transfer of a national reinsurance company part of the liability for insurance benefit 1. The insurer (the insurer) is required to transfer the insurance liability of the national reinsurance company to the principal insurance (reinsurance) insurance contracts, including those subject to the conditions of the prisoner. in the form of an insurance reinsurance agreement of 10 per cent of the reinsurance liability, except for the obligations: (1) of articles 13 (2) and 14 (8) of this Law; 2) established by federal law Specific types of compulsory insurance and reinsurance in the reinsurance pool provided for under the federal law on a specific type of compulsory insurance; 3) under international insurance policy Liability insurance of vehicle owners, to which the professional association of insurers is a party, the establishment of which is provided by the Federal Act of 25 April 2002 No. 40-FZ " On compulsory insurance liability of vehicle owners. " 2. With respect to the obligations referred to in paragraph 1 of this article, a national reinsurance company may accept them in the amount specified in paragraph 1 of this article, reduce their size or refuse to accept reinsurance based on The number of insurance risk and insurance risk management and accounting policies of the national reinsurance company. 3. The obligation of the policyholder (the insurer) as set out in paragraph 1 of this article shall be deemed to have been fulfilled from the date of receipt of an offer by a national reinsurance company (proposals to conclude an insurance reinsurance contract). Payment of the insured (insurer) to the main insurance (reinsurance) contracts in the amount of ten per cent of the obligations transferred to them in the reinsurance of the obligations under the terms of this article. The national reinsurance company shall transmit to the insurer (the insurer) the notice of acceptance, either acceptance on other terms, or the acceptance of the acceptance of the offer. 4. If the national reinsurance company accepts no more than 10 per cent of the liability for the insurance benefit specified in paragraph 1 of this Article, the conditions of acceptance of such obligations must be consistent with the terms of acceptance Other reinsurers (including those referred to in article 13, paragraph 11 of this Law). The National Reinsurance Company, in accepting these obligations, follows the decisions of the insurer (the insurer) on the occurrence of the insured event and the insurance payment under the main insurance contract (reinsurance). "; 5) Article 14-1 is supplemented by paragraphs 8 and 9 reading: " 8. The obligations of the reinsurer (the insurer) as set out in article 13, paragraph 4, and article 13, paragraph 1, of this Law, may be fulfilled by transferring the relevant obligations to the reinsurance pool, including the one established by with this article, to which the national reinsurance company is a party. 9. The obligations of the reinsurer (the insurer) established by article 13-2, paragraph 4, and article 13, paragraph 1, of this Law apply to the cases of reinsurance contracts on behalf of the insurance (reinsurance) pools to which it is a party is the insurer (insurer). ". Article 2 1. This law shall enter into force on the date of its official publication. 2. Transfer of reinsurers (insurers) of the national reinsurance company to reinsurance under the Russian Federation Act dated November 27, 1992 No. 4015 -I "On the organization of the insurance business in the Russian Federation" (in the wording of this Federal Law) is carried out at the end of sixty days after the date of the national reinsurance company's extradition Licenses for reinsurance, but no earlier than January 1, 2017. 3. From January 1, 2018, the act of the Russian Federation Law No. 4015-I "On the organization of the insurance business in the Russian Federation" The wording of this Federal Law applies to relations that have arisen from reinsurance contracts entered into before January 1, 2017. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 3, 2016