FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 31, 2020 No. 302-FZ

About introduction of amendments to the Federal law "About Credit Stories" regarding upgrade of system of forming of credit stories

Accepted by the State Duma on July 21, 2020

Approved by the Federation Council on July 24, 2020

Article 1

Bring in the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" (The Russian Federation Code, 2005, No. 1, Art. 44; No. 30, Art. 3121; 2007, No. 31, Art. 4011; 2011, No. 15, Art. 2038; No. 27, Art. 3880; No. 29, Art. 4291; No. 49, Art. 7067; 2013, No. 30, Art. 4084; No. 51, Art. 6683; 2014, No. 26, Art. 3395; 2015, No. 1, Art. 29; No. 27, Art. 3945; 2016, No. 1, Art. 47; No. 26, Art. 3880; No. 27, Art. 4164; 2017, No. 1, Art. 9; 2018, No. 1, Art. 65; No. 32, Art. 5120; 2019, No. 18, Art. 2200, 2201; No. 31, Art. 4418; 2020, No. 14, Art. 2036; No. 24, Art. 3755) following changes:

1) in Article 1:

a) regarding 1 word "borrowers" shall be replaced with words "users of credit stories, subjects of credit stories", shall be replaced with words the words "and the Central bank of the Russian Federation (further-the Bank of Russia), with the organizations for benefit of which the judgment which became effective and not performed within 10 days about collection from the debtor of sums of money in connection with non-execution of obligations by it on introduction of payment for premises, utilities and communication services is taken out" ", the Central bank of the Russian Federation (further - the Bank of Russia) and the other persons provided by this Federal Law";

b) state part 2 in the following edition:

"2. The purposes of this Federal Law are increase in security of creditors and borrowers due to general decrease in credit risks, increase in efficiency of provision and return of borrowed funds, and also creation and determination of conditions for collection, the processing, storage and provision in bureau of credit histories of information characterizing timeliness of obligation fulfillment provided by this Federal Law.";

2) in Article 2:

a) state Items 1 and 2 in the following edition:

"1) subject of credit history and source of forming of credit history;

2) source of forming of credit history and bureau of credit histories;";

b) recognize Items 2.1 and 2.2 invalid;

c) add with Items 2.3 - 2.5 following of content:

"2. 3) courts (judges) on the case which is in their production, and bureau of credit histories;

2. 4) federal executive bodies which according to this Federal Law and other Federal Laws interact with bureau of credit histories, and bureau of credit histories;

2. 5) notary and bureau of credit histories;";

d) declare Item 3 invalid;

e) in item 4 of the word "The central catalog of credit stories" shall be replaced with words Bank of Russia;

e) in Item 5 of the word "The central catalog of credit stories" shall be replaced with words Bank of Russia;

g) declare Item 6 invalid;

h) in Item 10 of the word "the receiver or the liquidator" shall be replaced with words "liquidation commission (liquidator)";

i) add with Items 11 and 12 of the following content:

"11) bureau of credit histories and arbitration manager;

12) bureau of credit histories and qualified bureaus of credit histories, and also between qualified bureaus of credit histories.";

3) in Article 3:

a) in item 4 after the words "according to the loan agreement (credit)" to add with the words "the lessor under the agreement of leasing", shall be replaced with words the words "the judgment which became effective and not performed within 10 days is taken out" "the court resolution which became effective and not performed within 10 days is taken out (further - the judgment)", after the words "in connection with non-execution of obligations by it on introduction of payment for premises, utilities and communication services" to add with words "(further - the organization claimant)", shall be replaced with words the words "credit or insurance company" "the commercial organization", words "physical person, including the individual entrepreneur (further - the financial manager)" shall be replaced with words "(further - the arbitration manager)", to add with words ", the credit managing director of syndicate of creditors according to the Federal Law of December 31, 2017 No. 486-FZ "About syndicated loan (loan) and modification of separate legal acts of the Russian Federation";

b) state Item 5 in the following edition:

"5) the subject of credit history - physical person or legal entity concerning which credit history is created and which is borrower according to the loan agreement (credit), the guarantor providing agreement obligation of loan (credit) or to the agreement of leasing, principal concerning which the independent guarantee providing any kind of the obligation, the leasing recipient, person concerning whom the procedures applied in the case of insolvency (bankruptcy), the debtor concerning whom the judgment which became effective and not performed within 10 days about collection of sums of money from it in connection with non-execution of obligations by it on introduction of payment for premises, utilities and communication services or maintenance obligations is taken out are entered is issued. The subject of credit history the physical person who issued application for provision of loan (credit), the guarantee on loan (credit), leasing is also recognized. Record of credit history is not created concerning the credit obligation of the serviceman serviced within accumulative and mortgage system of housing providing the military personnel according to the Federal Law of August 20, 2004 No. 117-FZ "About accumulative and mortgage system of housing providing the military personnel";";

c) to add Item 6 after the words "registered in accordance with the legislation of the Russian Federation" with the words "and the bureau of credit histories included in the state register";

d) "otherwise" to add Item 7 after words with words ", the established this Federal Law,";

e) state Item 8 in the following edition:

"8) the Central catalog of credit stories - the information system of the Bank of Russia created according to this Federal Law for storage of title parts of credit stories, provision of information on bureau of credit histories in which credit history of the subject of credit history, and implementation of temporary storage of databases of bureau of credit histories is stored in the cases determined by this Federal Law;";

e) Item 9 after the words "about bureau of credit histories" to add with the words "including qualified bureaus of credit histories";

g) in Item 10 of the word "it and (or) from its consent of credit history by the user" to exclude;

h) add with Items 11 - 13 following contents:

"11) qualified bureau of credit histories - the bureau of credit histories rendering additional services in provision of data on average monthly payments of subjects of credit stories - physical persons to users of credit stories and corresponding to criteria, the established this Federal Law;

12) data on average monthly payments - sizes of average monthly payments of physical person according to the signed loan agreements (credit), the forming of credit history calculated by sources according to the procedure, established by the Bank of Russia, and also concerning each size of average monthly payment information on the unique identifier of the agreement (transaction) appropriated to the corresponding loan agreement (credit) on bureaus of credit histories in which information on such loan agreement (credit), and other information relating to the corresponding size of average monthly payment is stored;

13) the individual rating of the subject of credit history - containing in credit history of the subject of credit history - physical person the numerical value characterizing its creditworthness and calculated by bureau of credit histories on the basis of technique, requirements to which are established by the Bank of Russia.";

4) in Article 4:

a) in Item 1 of part 2 of the word "written by letters of the Latin alphabet" shall be replaced with words "are specified with use of letters of the Russian and Latin alphabets";

b) in part 3:

word in paragraph one" (if those are available)" to exclude;

in Item 1:

the subitem "an" add with words "(in case of their availability), its subscriber number (including mobile radiotelephone communication), the e-mail address (in case of their provision by the subject of credit history)";

add the subitem "g" with words "(in case of their availability)";

in Item 2:

the paragraph one after the word of "principal" to add with the word", the leasing recipient";

state the subitem "an" in the following edition:

"a) specifying of the sum of the obligation determined by the loan agreement (credit) for date of its conclusion and if several borrowers obliged solidary, also the number of such borrowers, or specifying of limit of the loan granted with use of payment card or within credit line or specifying of total amount of the agreement of leasing for date of its conclusion participate in the loan agreement (credit);";

add with the subitem "a.1" the following content:

"and. 1) date of provision of loan (credit), leasing subject;";

in the subitem "b" after the word of "borrower" to add with the word", the leasing recipient", shall be replaced with words the words "with the loan agreement (credit)" "with the signed agreement";

state the subitem "v" in the following edition:

"c) instruction of the amount and date of the next payment for the loan agreement (credit), the agreement of leasing or specifying of minimum amount of payment and duration of the interest-free period (in case of its availability) on the loan granted with use of payment card;";

add with the subitem "century 1" the following content:

"century 1) instruction of the size of average monthly payment for the loan agreement (credit) calculated according to the procedure, established by the Bank of Russia, and dates of its calculation;";

in the subitem "g" of the word of "loan (credit), including the concerning completion dates of obligations" shall be replaced with words ", information on which is subject to transfer to bureau of credit histories according to this Federal Law";

to add the subitem "d" after the word of "borrower" with the word", the leasing recipient";

state the subitem "e" in the following edition:

"e) about outstanding amount according to the loan agreement (credit) for date of the last payment, including about the amount and duration of overdue debt, about the total amount of agreement obligations of leasing for date of the last payment, including about the amount and duration of debt (in case of delay of payment of leasing payment);";

add the subitem "zh" with words ", and also about compensation by the principal to the guarantor of the amounts paid on independent guarantee";

to add the subitem "z" after words of "loan (credit)" with words ", to the agreement of leasing, the agreement of pledge, the guarantee agreement, the issued independent guarantee";

"cancellation" to add the subitem "i" after words with the word "(termination)";

in the subitem "k" of the word "-" to exclude the loan agreement (credit) or the guarantee agreement;

state the subitem "l" in the following edition:

"k) data on providing (on each providing):

for pledge - pledge subject, the pledge subject cost specified in the agreement of pledge, date of the conclusion of the agreement of pledge and term of its action, the available information on encumbrance and on insurance of subject of pledge (in the presence of several objects of pledge information is specified in each subject of pledge);

for the guarantee - the obligation provided with the guarantee, the guarantee amount, date of the conclusion and the duration of the agreement of the guarantee;

for independent guarantee - the amounts of independent guarantee, date of issue of independent guarantee, effective period of independent guarantee specified in independent guarantee, and also information on the termination of independent guarantee of others, cases, other than the termination of effective period of independent guarantee;";

add with Items 2.1 and 2.2 of the following content:

"2. 1) concerning the obligation of the borrower, the guarantor, principal or the leasing recipient (for each record of credit history) if concerning source of forming of credit history bankruptcy proceedings are opened:

a) about the obligation amount for date of opening of bankruptcy proceedings and for date of completion of bankruptcy proceedings of such source;

b) about date and the amount of obligation fulfillment by the subject of credit history during bankruptcy proceedings in case of such execution in accordance with the terms of the agreement or ahead of schedule;

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