FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 20, 2021 No. 92-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on April 7, 2021

Approved by the Federation Council on April 14, 2021

Article 1

Bring in the Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2005, No. 1, Art. 18; 2006, No. 19, Art. 2061; 2009, No. 9, Art. 1043; 2010, No. 31, Art. 4193; 2011, No. 49, Art. 7069; 2012, No. 31, Art. 4333; No. 53, Art. 7607; 2014, No. 52, Art. 7543; 2015, No. 1, Art. 37; 2016, No. 1, Art. 23; 2017, No. 18, Art. 2661, 2669; No. 30, Art. 4456; 2018, No. 18, Art. 2560; 2019, No. 22, Art. 2661; No. 52, Art. 7825) following changes:

Part the twelfth Article 20 to add 1) with the offer of the following content: "In case of assignment of functions of temporary administration on management of credit institution on the "Deposit Insurance Agency" state corporation the expense budget affirms the specified corporation according to the procedure, established by it in coordination with the Bank of Russia.";

Shall be replaced with words 2) in part five of Article 23.4 of the word "with the interim liquidation balance sheet since day of its approval of the Bank of Russia and" "with the register of requirements of creditors".

Article 2

Bring in the Federal Law of May 7, 1998 No. 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, No. 19, Art. 2071; 2001, No. 7, Art. 623; 2003, No. 2, Art. 166; 2005, No. 19, Art. 1755; 2007, No. 50, Art. 6247; 2008, No. 18, Art. 1942; 2009, No. 29, Art. 3619; No. 52, Art. 6454; 2010, No. 17, Art. 1988; 2011, No. 29, Art. 4291; No. 49, Art. 7036, 7037, 7040; 2012, No. 47, Art. 6391; No. 50, Art. 6965; 2013, No. 30, Art. 4044, 4084; No. 52, Art. 6975; 2014, No. 11, Art. 1098; No. 30, Art. 4219; 2015, No. 27, Art. 3958, 4001; No. 29, Art. 4357; 2016, No. 1, Art. 41, 47; No. 27, Art. 4225; 2018, No. 11, Art. 1584; No. 31, Art. 4858; No. 32, Art. 5115; 2019, No. 49, Art. 6953) following changes:

1) in the paragraph the second Item 3.1 of Article 7.2 of the word", and also on carrying out financial analysis of fund, the stipulated in Article 183.13 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)"," to exclude;

2) in Item 1 of Article 14:

a) to add the paragraph of the sixth with words "if concerning the redemption amounts other is not established by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" when implementing measures for the prevention of bankruptcy of fund with participation of the Bank of Russia";

b) to add the paragraph of the seventh with words "if other is not established by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" when implementing measures for the prevention of bankruptcy of fund with participation of the Bank of Russia";

3) in Article 18:

a) in Item 2:

add with the new paragraph the fifth the following content:

"own fund allocated for replenishment of funds of pension reserves when implementing measures for the prevention of bankruptcy of fund with participation of the Bank of Russia according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";";

the fifth to consider the paragraph the paragraph the sixth;

b) in item 4:

add with the new paragraph the seventh the following content:

"own fund allocated for replenishment of funds of pension accruals when implementing measures for the prevention of bankruptcy of fund with participation of the Bank of Russia according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";";

to consider paragraphs of the seventh and eighth respectively paragraphs the eighth and ninth;

4) Item 8 of Article 20.1 to add with the subitem 4 following of content:

"4) replenishment of means of the pension accruals which are not included in reserves of fund, means of payable reserve and means of pension accruals of insured persons which establishes due retirement benefit, when implementing measures for the prevention of bankruptcy of fund with participation of the Bank of Russia according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".";

Item 3 of Article 28 to add 5) with the paragraph of the following content:

"In the cases established by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" powers of sole executive body of fund can be performed by "Managing Company of Fund of Consolidation of Banking Sector" limited liability company.";

6) in Article 34:

a) to add Item 1 after the word of "state" with words ", and also for the purpose of the prevention of unstable financial position of funds";

b) add with Item 7 of the following content:

"7. For the purpose of determination of accuracy of the data, containing in accounting (financial) records of fund, and also in other reporting of fund represented to the Bank of Russia, the Bank of Russia has the right to carry out assessment of assets and liabilities of fund and asset cost on security of the specified obligations.

The Bank of Russia issues the instruction about specifying by fund in the reporting of the data obtained by the Bank of Russia based on the carried-out assessment.

Based on the instruction of the Bank of Russia about specifying in the reporting of the data obtained by the Bank of Russia based on the carried-out assessment, the fund reflects in the accounting (financial) records and other reporting represented to the Bank of Russia, the size of own means, the size of means of pension reserves, the size of means of pension accruals and (or) the size of the corresponding obligations determined by the Bank of Russia on reporting date. Appeal by fund of the specified instruction judicially does not stop its execution.

When evaluating the size of own means, the size of means of pension reserves, the size of means of pension accruals and (or) the size of the corresponding obligations the Bank of Russia has the right to attract the responsible actuary and the independent appraiser at the expense of means of the Bank of Russia.";

Article 36.6 to add 7) with Item 9 of the following content:

"9. Terms and other features of transfer of means of pension accruals when implementing measures for the prevention of bankruptcy of fund with participation of the Bank of Russia are established by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".".

Article 3

Item 2 of Article 39.6 of the Land code of the Russian Federation (Russian Federation Code, 2001, No. 44, Art. 4147; 2014, No. 26, Art. 3377; No. 30, Art. 4218, 4225; 2015, No. 29, Art. 4339, 4350; 2016, No. 18, Art. 2495; No. 26, Art. 3890; No. 27, Art. 4269, 4282, 4298, 4306; 2017, No. 27, Art. 3938; No. 31, Art. 4765, 4766; 2018, No. 1, Art. 90; No. 28, Art. 4139; No. 32, Art. 5133; No. 53, Art. 8411; 2019, No. 31, Art. 4442; No. 52, Art. 7820; 2020, No. 29, Art. 4504, 4512; No. 42, Art. 6505; No. 52, Art. 8581; No. 1, the Art. 33) to add 2021, with subitems 3.2 and 3.3 of the following content:

"3. 2) the parcel of land to the builder recognized according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" the bankrupt for ensuring obligation fulfillment of the builder before citizens whose money is raised for construction of apartment houses according to the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" and which rights are violated, in case of acceptance by Arbitration Court of measures for providing requirements of creditors and interests of the debtor according to Item 1 of article 201.3 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

3. 3) the parcel of land to the builder recognized according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" the bankrupt for transfer of the public company "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" which assumed liabilities of the builder to citizens on completion of construction of apartment houses or on compensation payment to citizens according to the Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation";".

Article 4

Bring in the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2004, No. 31, Art. 3233; 2005, No. 25, Art. 2426; 2008, No. 42, Art. 4696; No. 44, Art. 4982; 2009, No. 1, Art. 25; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 48, Art. 6728; 2012, No. 53, Art. 7591; 2013, No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695; No. 52, Art. 6975; 2014, No. 30, Art. 4219; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, 37; No. 27, Art. 3958; No. 29, Art. 4348, 4357; 2016, No. 1, Art. 46, 50; No. 26, Art. 3891; No. 27, Art. 4225; 2017, No. 18, Art. 2661; No. 30, Art. 4456; No. 31, Art. 4830; 2018, No. 11, Art. 1584, 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, Art. 4852; No. 32, Art. 5115; No. 53, Art. 8411; 2019, No. 27, Art. 3538; No. 29, Art. 3857; No. 30, Art. 4150; No. 31, Art. 4418, 4423, 4430; No. 52, Art. 7787; 2020, No. 12, Art. 1642; No. 14, Art. 2027, 2036; No. 30, Art. 4738; No. 31, Art. 5018; 2021, No. 1, Art. 18, 53; No. 9, Art. 1470) following changes:

1) in Item 9 parts one of Article 18:

a) the nineteenth after words of "assets of insurance companies" to add the paragraph with the words "and non-state pension funds";

b) in the paragraph the twentieth shall be replaced with words the words "or insurance company" ", insurance company or non-state pension fund";

2) in Article 25 part two:

a) in paragraph eight of the word "and Fund of consolidation of insurance sector" shall be replaced with words ", Fund of consolidation of insurance sector and Fund of consolidation of the pension sector";

b) the ninth to add the paragraph with words ", non-state pension funds";

Part the ninth articles 46 after words of "assets of insurance companies" to add 3) with the words "and non-state pension funds";

To add 4) with Article 76.5-2 of the following content:

"Article 76.5-2. When implementing according to the Federal Law "About Insolvency (Bankruptcy)" of measures for the prevention of bankruptcy of non-state pension funds the Bank of Russia based on the solution of the Board of directors of the Bank of Russia at the expense of the money constituting the Fund of consolidation of the pension sector created according to article 76.12 of this Federal Law has the right:

1) to acquire shares of non-state pension funds concerning which measures for the prevention of bankruptcy, including for the price are performed is higher than their nominal value;

To provide 2) to non-state pension funds concerning which measures for the prevention of bankruptcy, loans are performed. Rights to claim of the Bank of Russia on loans can be delivered by it in trust management of Managing company;

3) to perform sale of the acquired shares of non-state pension funds concerning which measures for the prevention of bankruptcy, including for the price of low price of their acquisition by the Bank of Russia are performed;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info