of June 13, 2023 No. 226-FZ
About introduction of amendments to the Federal law "About the Representative for the Rights of Consumers of Financial Services" and separate legal acts of the Russian Federation
Accepted by the State Duma on June 1, 2023
Approved by the Federation Council on June 7, 2023
Bring in the Federal Law of June 4, 2018 No. 123-FZ "About the representative for the rights of consumers of financial services" (The Russian Federation Code, 2018, No. 24, Art. 3390; 2021, No. 18, Art. 3060; No. 27, Art. 5119, 5171; 2022, No. 1, Art. 40; 2023, No. 12, Art. 1883) following changes:
1) Article 2 to add with part 4.1 following of content:
"4.1. Intervention in activities for consideration by the financial representative of addresses is not allowed. The financial representative shall not offer any explanations on the substance of the addresses considered or being at him under consideration, to represent materials on them, including decisions of the financial representative, to somebody for acquaintance differently as in cases and procedure which are provided by this Federal Law and the procedural legislation of the Russian Federation, and also in cases if representation of such explanations and materials is provided by the imprisoned financial representative according to part 2 of article 14 of this Federal Law the agreement providing mutual exchange of information with federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, the Bank of Russia.";
Part 3 of article 3 after the word of "thirty" to add 2) with the word of "calendar";
3) in Article 7:
a) regarding 1 first offer to state in the following edition: "Council of Service includes five bank representatives of Russia, three representatives of the Government of the Russian Federation, one representative of the self-regulatory organizations in the field of the financial market combining insurance companies and foreign insurance companies, two representatives of associations (unions) of credit institutions, one representative of the self-regulatory organizations in the field of the financial market combining non-state pension funds, one representative of other self-regulatory organizations in the field of the financial market which members are the financial organizations obliged to interact with the financial representative according to this Federal Law, one representative of advisory council of Service, and also the chief financial representative.";
b) in part 5:
in Item 17 of the word "and personal account of the consumer of financial services" shall be replaced with words ", personal account of the consumer of financial services, personal accounts of the other persons performing interaction (including information) with the financial representative according to this Federal Law";
add with Item 18.1 of the following content:
"18. 1) is established by procedure for provision to the financial representative of specimen signatures of the consumer of financial services and (or) the authorized representative of the consumer of financial services for the purpose of the organization of conducting independent examination for matter in issue for the solution of the questions connected with consideration of the address specified regarding 1.1 articles 15 of this Federal Law;";
Part 3 of article 8 after the word "thirty" to add 4) with the word "seven";
Article 9 to add 5) with part 9 of the following content:
"9. The service of ensuring activities of the financial representative without power of attorney represents the financial representative in courts, and also in the relations with any physical persons and legal entities, public authorities, local government bodies, the Bank of Russia.";
Part 3 of Article 11 to add 6) with Item 6.1 of the following content:
"6. 1) the number of addresses which arrived to the financial representative concerning the financial organization and according to which decisions of the financial representative on satisfaction of consumer requirements of financial services are based on the agreement signed by the parties of dispute specified regarding 4.1 articles 21 of this Federal Law taking into account the term of the direction of this agreement to the financial representative, in quarter for which the fee is paid;";
7) in Article 14:
a) add part 2 with the offer of the following content: "The specified agreement can be signed by service of ensuring activities of the financial representative.";
b) add with part 2.1 following of content:
"2.1. For the purposes of exchange of information, provided by this Federal Law, information exchange of the financial representative with Fund of pension and social insurance of the Russian Federation is performed through the personal account created for Fund of pension and social insurance of the Russian Federation which maintaining is performed by the Bank of Russia or service of ensuring activities of the financial representative according to the procedure, established by the Bank of Russia or Council of Service, or with use of system of interdepartmental electronic interaction.";
c) in part 3 shall be replaced with words the word of "fifteen" "seven workers";
d) add with part 3.1 following of content:
"3.1. In case of issue (the direction electronically) to the consumer of financial services of the certificate for presentation in bank or other credit institution or the directions it for the forced execution in electronic form signed by the strengthened qualified digital signature of the financial representative in the federal executive body performing functions on providing established procedure of activity of the courts, execution of court resolutions, acts of other bodies and officials for the purpose of execution of the decision of the financial representative on satisfaction of consumer requirements of financial services accepted by results of consideration of the address specified regarding 1.1 articles 15 of this Federal Law, the financial representative sends to Fund of pension and social insurance of the Russian Federation information on issue (the direction electronically) such certificate with application of a copy of the specified decision, for the purpose of which execution it is issued (it is directed electronically), in time, not exceeding twenty working days after day of issue (the directions electronically) such certificate.";
8) in Article 15:
a) state part 1 in the following edition:
"1. The financial representative considers addresses (except for the addresses specified in article 19 of this Federal Law) concerning the financial organizations included in the register specified in article 29 of this Federal Law (concerning the financial services provided by this register), or the list specified in article 30 of this Federal Law if the size of consumer requirements of financial services about collection of sums of money does not exceed 500 thousand rubles or if consumer requirements of financial services follow from violation by the insurer of procedure of the insurance indemnity established by the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" or if consumer requirements of financial services of property nature are connected with the conclusion, execution or the termination of the pension agreement and (or) agreement on mandatory pension insurance or treat the requirements specified in part 1.1 of this Article and if from the date of when the consumer of financial services learned or learn about violation of the right, there passed no more than three years.";
b) add with part 1.1 following of content:
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