FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 2, 2021 No. 353-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on June 9, 2021

Approved by the Federation Council on June 23, 2021

Article 1

Bring in the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2009, No. 48, Art. 5731; 2011, No. 7, Art. 905; No. 29, Art. 4291; No. 48, Art. 6728; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4084; 2014, No. 30, Art. 4219; 2015, No. 27, Art. 4001; 2016, No. 1, Art. 50; No. 27, Art. 4225; 2018, No. 17, Art. 2424; 2020, No. 31, Art. 5065) following changes:

1) in Article 51.4:

a) add Item 1 with the offer of the following content: "In case of the conclusion not at the organized biddings of the agreements which are derivative financial instruments, one of the parties on which is not the face performing functions of the central partner, obligation fulfillment, arising from such agreements it shall be provided in cases and according to requirements which are established by the regulation of the Bank of Russia.";

b) state Item 5 in the following edition:

"5. The general agreement (the single agreement), the agreement which is the derivative financial instrument, and also by the agreement signed for the purpose of ensuring obligation fulfillment from the agreement which is the derivative financial instrument person who determines cash amount (quantity of other property), subject to transfer under the agreement which is the derivative financial instrument can be determined, and (or) imposes on the agreement signed for the purpose of ensuring obligation fulfillment from the agreement which is the derivative financial instrument requirements provided by the specified agreements makes other actions necessary for implementation of the rights and fulfillment of duties of each of the parties under the specified agreements. The clearing organization, credit institution, the broker or depositary which are the party of the specified agreements or the third party who is acting on the basis of the agreements signed with the parties of the specified agreements can be such face.";

2) in Article 51.5:

a) in Item 1 of the word "also the agreement providing obligation on transfer of one of agreement parties to other party of securities and (or) money, including foreign currency for the purpose of ensuring obligation fulfillment from the agreements signed on the terms of the general agreement (the single agreement) can be signed" shall be replaced with words "also the agreement (agreement) providing introduction by one party (both parties) of security payment, specified in article 51.7 of this Federal Law can be signed";

b) in the subitem 2 of Item 3:

the paragraph one after the words "in connection with introduction" to add with words "the moratorium on satisfaction of requirements of creditors of credit institution,";

add paragraph two with words ", including under the agreement (agreement) on security payment specified in article 51.7 of this Federal Law including if completion date of obligations did not come";

the paragraph third after words" (the single agreement)," to add with the words "including for the date specified in the requirement of one of the parties", after the words "on banking operations" to add with the words "or Date of Introduction of the moratorium on satisfaction of requirements of creditors of credit institution";

the paragraph the fourth after the word to "obligations" to add with words ", including according to obligations from the agreement (agreement) on security payment specified in article 51.7 of this Federal Law";

To add 3) with Articles 51.7 and 51.8 of the following content:

"Article 51.7. Features of security payment when providing obligations from the agreements signed on the conditions determined by the general agreement (the single agreement)

1. As security payment under agreements, stipulated in Item 1 article 51.5 of this Federal Law, only issued securities of the Russian issuer, investment shares of mutual investment fund can be introduced (are transferred to the possession), trust management of which is exercised by the Russian managing company, foreign financial instruments which address is allowed in the Russian Federation as securities of foreign issuers according to article 51.1 of this Federal Law, the sums of money expressed in currency of the Russian Federation or foreign currency. On account of providing the securities which are not subject to transfer according to the provided obligation can be introduced.

2. In case of converting of the securities introduced in the account of providing, providing are securities into which the specified securities were converted.

3. In case of repayment of the securities introduced in the account of providing, providing are the money or securities received from repayment of such securities.

4. The income and other payments for the securities introduced in the account of providing, percent or other income on the sum of money granted on the account of providing also are providing if other is not provided by the agreement (agreement) on security payment.

5. In case of the termination according to the procedure and on the bases which are stipulated in Item 3 articles 51.5 of this Federal Law, secured liability (obligations) the cost of securities and cash amount which are brought in the account of providing are considered in case of determination of cash amount (quantity of other property), the subject payment (transfer) by the party (parties) in connection with the termination of secured liability (obligations), including in case of determination of the size net - obligations.

6. By the agreement (agreement) on security payment the right of the Party, received providing can be provided, to replace subjects to payment (transfer), including in case of proper execution of the provided obligation, sum of money, including in foreign currency, and (or) securities with other providing, proportional at cost. The procedure for determination of proportional cost of providing is established by the agreement (agreement) on security payment or can be approved by the parties after approach of the cases provided by the agreement (agreement).

7. In case of converting or repayment of the securities introduced in the account of providing, or replacement of providing according to Item 6 of this Article in providing there can be only securities specified in Item 1 of this Article. If as a result of converting or repayment of the securities introduced in the account of providing the securities which are not specified in Item 1 of this Article are received, the received securities are subject to replacement according to the procedure and terms which are defined by the agreement (agreement) on security payment.

Article 51.8. Features of discharge from agreements on provision of providing without transfer of property regarding providing if provision of providing is the compulsory provision for the conclusion of agreements on the terms of the general agreement (the single agreement)

In case of discharge from the agreements signed on the terms of the general agreement (the single agreement) and provided without transfer of property regarding providing if provision of providing is the compulsory provision of the conclusion of the specified agreements, execution net - obligations is performed at the expense of providing cost according to the procedure, the provided agreement on provision of such providing, in case of simultaneous observance of the following conditions:

1) subject of providing are the rights on bank account agreement, money (according to the applicable legislation of foreign states), the securities or other types of property provided by the regulation of the Bank of Russia;

2) person at whom the subject of providing is stored or which is holder of subject of providing for the benefit of agreement parties or performs accounting of the rights to the securities which are providing subject, acting for the benefit of other persons, is the third party and conforms to the requirements established by the Bank of Russia;

3) the requirement about provision of such providing is established by regulations of the Bank of Russia, the legislation of foreign state or consolidation of foreign states. The list of foreign states and their associations is created by the Bank of Russia.".

Article 2

In paragraph four of item 4 of part nine of article 20 of 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; 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; 2021, No. 17, of the Art. 2878) of the word "discharge from financial contracts and determination net - obligations" shall be replaced with words "discharge from financial contracts, determinations and execution net - obligations".

Article 3

Bring in the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2005, No. 1, Art. 18; 2006, No. 52, Art. 5497; 2009, No. 1, Art. 4; No. 18, Art. 2153; No. 29, Art. 3632; 2011, No. 7, Art. 905; No. 29, Art. 4301; No. 48, Art. 6728; No. 49, Art. 7015; 2012, No. 31, Art. 4333; No. 53, Art. 7607; 2014, No. 52, Art. 7543; 2015, No. 1, Art. 29, 35; No. 27, Art. 3945, 3977; No. 29, Art. 4355; 2016, No. 1, Art. 11; No. 26, Art. 3891; No. 27, Art. 4225, 4305; 2017, No. 31, Art. 4761, 4815; 2018, No. 47, Art. 7140; 2019, No. 27, Art. 3538; No. 52, Art. 7825) following changes:

1) in Article 4.1:

a) add Item 1 with paragraphs of the following content:

"In case of discharge from the financial contracts provided according to article 51.8 of the Federal law "About the Security Market" property of the debtor including which is credit institution without transfer to the creditor of the property right regarding providing, execution net - obligations it is performed at the expense of providing subject cost according to the procedure, the provided agreement on provision of such providing, in case of simultaneous observance of conditions, the stipulated in Article 51.8 Federal Laws "About the Security Market".

For the purposes of the execution provided by this Item net - obligations procedure for realization by the creditor of subject of providing, including by leaving of subject of providing for themselves, the cost of subject of providing are determined by the agreement on providing provision specified in article 51.8 of the Federal law "About the Security Market". At the same time the term of realization by the creditor of the property which is providing subject cannot exceed fifteen working days from the date of determination net - obligations. If determination net - obligations is performed for the date preceding Date of Introduction of the moratorium on satisfaction of requirements of creditors of credit institution, the realization of subject of providing is enabled by its leaving for itself for date of determination net - obligations.

The property which remained with the creditor after discharge from the financial contracts provided according to article 51.8 of the Federal law "About the Security Market", and execution net - obligations according to the procedure, provided by this Item, is subject to inclusion in the competitive mass of the debtor.";

b) in the subitem 3 of Item 3:

the paragraph one after the words "in connection with introduction" to add with words "the moratorium on satisfaction of requirements of creditors of credit institution,";

add paragraph two with words ", including under the agreement (agreement) on security payment specified in article 51.7 of the Federal law "About the Security Market" including if completion date of obligations did not come";

third after the words "in connection with introduction" to add the paragraph with words "the moratorium on satisfaction of requirements of creditors of credit institution,";

the fourth after the words "according to all stopping obligations" to add the paragraph with words ", including under the agreement (agreement) on security payment specified in article 51.7 of the Federal law "About the Security Market"";

2) Item 6 of Article 61.4 after words of "obligations from financial contracts" to add with words ", determination and execution net - obligations", shall be replaced with words the words "it cannot be disputed" "cannot be disputed";

The paragraph the fifth Item 6 of Article 61.16 after the words "from realization of property of the debtor" to add 3) with the words "during insolvency proceedings according to the procedure, provided by this Federal Law";

In paragraph seven of Item 1 of Article 63 of the word "In case of Discharge from Financial Contracts and Definition Net — Obligations" shall be replaced with words 4) "In case of discharge from financial contracts, determination and execution net - obligations";

Paragraph two of Item 2 of Article 115 to add 5) with words "or obligation fulfillment from financial contracts before which is provided with property of the debtor according to article 51.8 of the Federal law "About the Security Market";

Item 2 of Article 131 to add 6) with the paragraph of the following content:

"Recognition of the debtor who provided providing according to article 51.8 of the Federal law "About the Security Market" by the bankrupt does not interfere with discharge from financial contracts, to determination and execution net - obligations according to the procedure, the stipulated in Article 4.1 presents of the Federal Law. If realization of subject of providing, including by its leaving for itself, is not performed by the creditor within fifteen working days from the date of determination net - obligations, the property which is providing subject is subject to inclusion in the competitive mass of the debtor.";

Article 189.91 to add 7) with Item 5 of the following content:

"5. Recognition of the credit institution which provided providing according to article 51.8 of the Federal law "About the Security Market" by the bankrupt does not interfere with discharge from financial contracts, to determination and execution net - obligations according to the procedure, the stipulated in Article 4.1 presents of the Federal Law. If realization of subject of providing, including by its leaving for itself, is not performed by the creditor within fifteen working days from the date of determination net - obligations, the property which is providing subject is subject to inclusion in the competitive mass of credit institution.";

8) in Article 189.96:

a) in Item 31 of the word "In case of Discharge from Financial Contracts and Definition Net — Obligations" shall be replaced with words "In case of discharge from financial contracts, determination and execution net - obligations";

b) add Item 35 with words "which were not performed according to the procedure, provided by the specified Article".

Article 4

Part 5 of article 12 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" (The Russian Federation Code, 2003, No. 50, Art. 4859; 2005, No. 30, Art. 3101; 2007, No. 1, Art. 30; No. 29, Art. 3480; No. 45, Art. 5419; 2008, No. 30, Art. 3606; 2011, No. 48, Art. 6728; 2013, No. 19, Art. 2329; No. 27, Art. 3447; 2014, No. 30, Art. 4219; 2015, No. 48, Art. 6716; 2018, No. 1, Art. 11; No. 11, Art. 1579; No. 22, Art. 3041; No. 53, Art. 8411, 8440; 2019, No. 31, Art. 4424; No. 49, Art. 6957; No. 52, Art. 7775; 2020, No. 31, Art. 5050; No. 1, the Art. 38) to add 2021, with paragraphs of the following content:

"Along with the cases specified in part 4 of this Article and this part, in cases if according to regulations of the Central bank of the Russian Federation, the legislation of foreign state or consolidation of foreign states is obligatory provision of ensuring obligation fulfillment from the agreements, the stipulated in Article 51.5 Federal Laws of April 22, 1996 No. 39-FZ "About the security market" (further - financial contracts) signed with nonresidents into the accounts opened in the banks located outside the territory of the Russian Federation, residents - the legal entities who are skilled investors or professional participants of the security market money from nonresidents can be enlisted:

the obligation fulfillments provided as providing from financial contracts;

paid according to the procedure of return of the money which is earlier paid by such residents, including return of mistakenly listed money and return of money in cases if they stopped being subject of ensuring obligation fulfillment from financial contracts;

or other property provided as ensuring obligation fulfillment from financial contracts or considered on accounts of such resident after the money and (or) other property were enlisted into these accounts according to this Federal Law paid in the form of percent, the coupon, dividends or other income on cash amount;

the ensuring obligation fulfillment paid in income type from realization of subject from financial contracts in case of the address of collection on it;

paid concerning the securities provided as ensuring obligation fulfillment from financial contracts or considered on accounts of such resident after they were enlisted into these accounts according to this Federal Law, in the form of repayment sums (partial repayment) of securities, and also the income from the redemption of securities by their issuer, from implementation of securities based on the voluntary, including competing, obligatory offer or on other basis of obligatory alienation of securities or from distribution of property of the liquidated society between shareholders.".

Article 5

This Federal Law becomes effective from the date of its official publication.

 

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