FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 4, 2023 No. 417-FZ

About carrying out experiment on establishment of special regulation for the purpose of creation of necessary conditions for implementation of activities for partner financing in certain subjects of the Russian Federation and about modification of separate legal acts of the Russian Federation

Accepted by the State Duma on July 19, 2023

Approved by the Federation Council on July 28, 2023

Article 1. General provisions

1. Make experiment on establishment of special regulation for the purpose of creation of necessary conditions for implementation of activities for partner financing (further - experiment).

2. The purposes of experiment are:

1) determination of efficiency of special regulation for rendering financial services on the provided part 3 of this Article of the territory of carrying out experiment and assessment of feasibility of implementation of special regulation in the legislation of the Russian Federation;

2) preparation of offers on introduction of amendments to the legislation of the Russian Federation regarding creation of necessary conditions for implementation of activities for partner financing.

3. The experiment is made in the territories of the Republic of Bashkortostan, the Republic of Dagestan, Republic of Tatarstan (Tatarstan), Chechen Republic.

4. The experiment is made from September 1, 2023 to September 1, 2028 (the term of carrying out experiment).

5. Participants of experiment are the legal entities registered in accordance with the legislation of the Russian Federation, included in the register of participants of experiment according to article 4 of this Federal Law.

6. When carrying out experiment the legislation regulating activities of the credit and not credit financial institutions is applied taking into account the features established by this Federal Law.

Article 2. Activities for partner financing

1. Activities for partner financing for the purposes of this Federal Law making by participants of experiment of the transactions (transactions) answering to the requirements provided by parts 2 and 3 of this Article and providing is recognized:

1) attraction of money and (or) other property of physical persons and legal entities in the form of loan, by placement of bonds, acceptance of property in trust management (in the part which is not connected with implementation of activities for management of securities, the stipulated in Article 5 Federal Laws of April 22, 1996 No. 39-FZ "About the security market") and (or) acceptance of contribution (share) in authorized (share, share) the capital of the participant of experiment;

2) provision of money in the form of loan to physical persons and legal entities;

3) financing of physical persons and legal entities by purchase and sale of goods (including real estate) on the terms of payment by installments (delay) of payment of goods with collection of remuneration for provision of payment by installments (delay) of payment of goods;

4) financing of physical persons and legal entities by provision of property under the agreement of finance lease (leasing), contributing (share) in authorized (share, share) the capital of legal entities, implementation of joint activities for the agreement of particular partnership, investment partnership;

5) issue of guarantees for the third parties;

6) mutual insurance of mutual insurance of valuable interests of the members by societies according to the requirements established by the Federal Law of November 29, 2007 No. 286-FZ "About mutual insurance";

7) the opening and maintaining bank accounts of physical persons and legal entities, implementation of money transfers at the request of physical persons and legal entities according to their bank accounts made by the credit institutions having the right to implementation of these transactions according to the Russian Federation issued by the Central bank (Bank of Russia) the license;

8) implementation of activities for management of securities, the stipulated in Article 5 Federal Laws of April 22, 1996 No. 39-FZ "About the security market".

2. Participants of experiment in case of transactions (transactions) when implementing activities for partner financing have no right to establish and earn the reward (payment) expressed as interest rate. At the same time establishment and receipt of remuneration (payment) in the form of variable which value changes depending on the conditions established in the agreement are allowed.

3. Participants of experiment when implementing activities for partner financing have no right to finance the activities connected with tobacco products manufacture, tobacco products, nikotinsoderzhashchy products and raw materials for their production, alcoholic products, weapon, ammunition, trade in such goods and also with gaming.

4. Participants of experiment shall observe other requirements to conditions of transactions (transactions) when implementing activities for partner financing provided by the regulations of the Bank of Russia and also developed and standards of partner financing approved according to requirements of article 12.1 of this Federal Law and to be guided by recommendations of the advisory council formed according to article 12 of this Federal Law.

5. Participants of experiment have the right to combine activities for partner financing with implementation of other types of activity on condition of observance of requirements, the stipulated in Clause 3 presents of the Federal Law and other Federal Laws.

6. Transactions (transaction) provided by Items 2 - 4 and 6 parts of 1 this Article, are made by the participant of experiment at the expense of own means and (or) funds raised according to Items 1, 7 and 8 parts of 1 this Article.

7. Making by the participant of experiment, being credit institution or not credit financial credit institution, transactions (transactions), stipulated in Item 3 parts of 1 this Article, is not violation of the restrictions established concerning trading activity by the Federal Laws.

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