of December 25, 2023 No. 632-FZ
About modification of separate legal acts of the Russian Federation
Accepted by the State Duma on December 15, 2023
Approved by the Federation Council on December 22, 2023
In subitem 9.1 of Item 3 of article 6 of the Federal Law of April 1, 1996 No. 27-FZ "About the individual (personified) accounting in systems of mandatory pension insurance and compulsory social insurance" (The Russian Federation Code, 1996, No. 14, Art. 1401; 2003, No. 1, Art. 13; 2008, No. 18, Art. 1942; 2009, No. 30, Art. 3739; No. 52, Art. 6454; 2010, No. 49, Art. 6409; 2011, No. 29, Art. 4291; No. 45, Art. 6335; No. 49, Art. 7037, 7057; 2012, No. 50, Art. 6966; 2013, No. 49, Art. 6352; No. 52, Art. 6986; 2014, No. 30, Art. 4217; 2016, No. 27, Art. 4183; 2018, No. 31, Art. 4858; 2019, No. 14, Art. 1461; No. 51, Art. 7488; 2021, No. 52, Art. 8974; 2022, No. 1, Art. 43; No. 9, Art. 1250; No. 27, Art. 4613; No. 29, Art. 5204; No. 41, Art. 6941; No. 48, Art. 8323; 2023, No. 1, Art. 14, 16; No. 25, Art. 4415; No. 29, Art. 5317) words "pension funds";" shall be replaced with words "pension funds", and also about the termination in connection with the insured person of funded pension specified by transfer of forming;".
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; 2003, No. 2, Art. 166; 2005, No. 19, Art. 1755; 2007, No. 50, Art. 6247; 2008, No. 18, Art. 1942; No. 30, Art. 3616; 2009, No. 29, Art. 3619; No. 52, Art. 6450, 6454; 2010, No. 17, Art. 1988; No. 31, Art. 4196; 2011, No. 29, Art. 4291; No. 49, Art. 7037; 2012, No. 31, Art. 4322; 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. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 41; No. 27, Art. 4225; 2017, No. 31, Art. 4830; 2018, No. 11, Art. 1584; No. 31, Art. 4858; No. 32, Art. 5115; 2019, No. 49, Art. 6953; 2021, No. 1, Art. 76; No. 17, Art. 2878; No. 24, Art. 4208, 4210, 4212; No. 27, Art. 5171; No. 52, Art. 8974; 2022, No. 29, Art. 5204; 2023, No. 1, Art. 3; No. 5, Art. 702; No. 25, Art. 4415; No. 29, Art. 5317) following changes:
1) in Article 2:
a) in Item 1 of the word "and (or) to forming" to replace with the word to "forming", to add with the offer of the following content: "Activities for forming of long-term savings have the right to perform the fund having the right to implementation of activities for non-state pension provision.";
b) state Item 2 in the following edition:
"2. The fund has the right to perform activities for non-state pension provision from the date of entering by the Bank of Russia into the register of licenses of funds of data on statement of fund for accounting in system of guaranteeing the rights of participants.
The fund has the right to perform activities for forming of long-term savings from the date of entering by the Bank of Russia into the register of licenses of funds of data on registration by the Bank of Russia of rules of forming of long-term savings of fund.
The fund has the right to perform activities for mandatory pension insurance from the date of entering by the Bank of Russia into the register of licenses of funds of data on statement of fund for accounting in system of guaranteeing the rights of insured persons.";
2) in Article 3:
a) to state the paragraph of the fortieth in the following edition:
"actuarial deficit - excess of cost of obligations over asset cost of fund. Requirements to procedure of payments of actuarial deficit are established by the Bank of Russia;";
b) in the paragraph the sixty second the words "stimulating fee;" shall be replaced with words "the stimulating fee. Under the agreement of long-term savings signed by the investor in own favor as savings fees the money paid by the employer of such investor to its advantage is also considered;";
c) add with paragraphs of the following content:
"the administrator of joint financing - person perfroming calculation of the size of the additional stimulating contribution for agreements of long-term savings according to this Federal Law and rules of implementation of activities of the administrator of joint financing. Activities of the administrator of joint financing perform the legal entity to whom the status of the central depositary according to the Federal Law of December 7, 2011 is given to No. 414-FZ "About the central depositary";
the service provision agreement of the administrator of joint financing - the agreement signed between the administrator of joint financing and fund and governing their relations when rendering services by the administrator of joint financing by calculation of the size of the additional stimulating contributions for agreements of long-term savings.";
3) in Article 7.1:
a) to state the subitem 2 of item 4 in the following edition:
"2) to availability and contents of pension rules of fund, to availability and contents of rules of forming of long-term savings of fund in case of the statement for intention of fund to perform activities for forming of long-term savings and to availability and contents of insurance rules of fund in case of the statement for intention of fund to perform activities for mandatory pension insurance;";
b) state Item 8 in the following edition:
"8. The Bank of Russia makes the decision on provision of the license and registration of rules of fund or the decision on refusal in provision of the license on the bases specified in Item 10 of this Article within two months from the date of receipt of documents by the Bank of Russia, stipulated in Item the 5th this Article. If the Bank of Russia demanded submission of additional documents, the current of the specified term stops before receipt of necessary documents, but no more than for thirty days.";
c) to state paragraph two of Item 9 in the following edition:
"If the fund has no right to perform any of the types of activity specified in Item 1 of article 2 of this Federal Law in the license the type (types) of activities which, (which) the fund has no right to perform shall be specified.";
d) to add Item 12 after the words "and to forming of long-term savings" with the words "or to forming of long-term savings";
e) to state the subitem 4 of Item 14 in the following edition:
"4) type (types) of activities, the right on which implementation (whom) the fund, with indication of day of entering by the Bank of Russia into the register of licenses of funds of data on statement of fund for accounting in system of guaranteeing the rights of participants, day of entering by the Bank of Russia into the register of licenses of funds of data on registration by the Bank of Russia of rules of forming of long-term savings of fund, day of entering by the Bank of Russia into the register of licenses of funds of data on statement of fund for accounting in system of guaranteeing the rights of insured persons has;";
e) add Item 17 with the paragraph of the following content:
"The fund having the right to implementation of activities for non-state pension provision and forming of the long-term savings having no right to refuse implementation of activities for non-state pension provision.";
g) the paragraph one of Item 18 to declare invalid;
Item 1 of Article 9 to state 4) in the following edition:
"1. Rules of fund are developed by fund in accordance with the legislation of the Russian Federation, affirm the board of directors (supervisory board) of fund and also terms which are established by the Bank of Russia are registered according to the procedure. The list of the documents necessary for registration of rules of fund is determined by the Bank of Russia.";
Article 14 to add 5) with Item 8 of the following content:
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