FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 20, 2020 No. 212-FZ

About modification of separate legal acts of the Russian Federation concerning making of financial transactions with use of financial platform

Accepted by the State Duma on July 9, 2020

Approved by the Federation Council on July 15, 2020

Article 1

Bring in the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, Art. 56; Russian Federation Code, 1998, No. 1, Art. 4; 1999, No. 47, Art. 5622; 2003, No. 50, Art. 4858; 2005, No. 10, Art. 760; No. 30, Art. 3115; 2010, No. 17, Art. 1988; 2011, No. 49, Art. 7040; 2012, No. 53, Art. 7592; 2013, No. 30, Art. 4067; 2014, No. 23, Art. 2934; 2015, No. 10, Art. 1409; No. 27, Art. 4001; No. 29, Art. 4385; 2016, No. 22, Art. 3094; No. 26, Art. 3863, 3891; No. 27, Art. 4225, 4294; 2018, No. 1, Art. 66; No. 31, Art. 4840; 2019, No. 18, Art. 2212; 2020, No. 14, Art. 2027; No. 17, Art. 2727) following changes:

Item 1 of Article 4.1 to add 1) with subitem 5.1 of the following content:

"5. 1) operators of financial platforms;";

Item 6 of Article 6 to add 2) with subitem 10.1 of the following content:

"10. 1) the information about operators of financial platforms (their names and the websites on the Internet) if the insurer joined service provision agreements of operators of financial platforms;";

Article 6.1 to add 3) with Item 6 of the following content:

"6. Creation and sending by the insurer - physical person to the insurer of information electronically for the conclusion, changes, early termination of the insurance contract can be performed with use of financial platform according to the Federal Law "About Making of Financial Transactions with Use of Financial Platform" taking into account the features established by this Article. At the same time the financial platform can be used as information system which operator is the operator of financial platform, for the purpose of ensuring exchange of information electronically between the insurer and the insurer.

Activities of the operator of financial platform are not activities of insurance agent or insurance broker.

To the conclusion of the insurance contract according to this Item the operator of financial platform shall provide access of the insurer to rules of insurance, including by means of the reference to the documents posted on the official site of the insurer on the Internet and obtaining from the insurer of confirmation about acquaintance with rules of the insurance signed by the insurer according to rules of financial platform the sign manual or the digital signature, including the simple digital signature which key is received by the insurer in case of corporal appearance according to the rules of use of the simple digital signature in case of the request for receipt of the state and municipal services electronically established by the Government of the Russian Federation. When using of the digital signature by the insurer according to this Item the operator of financial platform provides fulfillment of requirements to ensuring information security, established by the Bank of Russia according to article 76.4-1 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)".

The insurer has no right to refer to violation by the operator of financial platform of the requirements to disclosure or provision to insurers of information established by the Federal Law "About Making of Financial Transactions with Use of Financial Platform", the insurance legislation, terms of the contract of insurance and rules of insurance and also to violation by the operator of financial platform of rules of financial platform or conditions of other contract between him and the insurer as to the basis for refusal in implementation of insurance payment or payment of insurance sum. In this case the insurer has the right to impose recourse requirement to the operator of financial platform in the amount of the performed insurance payment or the paid insurance sum.";

The subitem 8 of Item 8 of Article 26.2 after words of "depository activity" to add 4) with words ", activities for maintaining the register of owners of securities, activities of the operator of financial platform, the operator of investment platform".

Article 2

In the paragraph the second Item 8 of article 42 of the Federal Law of December 26, 1995 No. 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, No. 1, Art. 1; 2001, No. 33, Art. 3423; 2002, No. 45, Art. 4436; 2004, No. 15, Art. 1343; 2011, No. 1, Art. 21; No. 50, Art. 7357; 2012, No. 53, Art. 7607; 2013, No. 51, Art. 6699; 2015, No. 27, of the Art. 4001) of the word "bank accounts which details are available for the registrar of society" shall be replaced with words "the bank accounts or special accounts of operators of financial platforms opened according to the Federal Law "About Making of Financial Transactions with Use of Financial Platform" which details are available for the registrar of society", after words "bank accounts" to add with words ", special accounts of operators of financial platforms".

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