FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 8, 2024 No. 256-FZ

About introduction of amendments to the Federal law "About Mutual Insurance" and separate legal acts of the Russian Federation

Accepted by the State Duma on July 24, 2024

Approved by the Federation Council on August 2, 2024

Article 1

Bring in the Federal Law of November 29, 2007 No. 286-FZ "About mutual insurance" (The Russian Federation Code, 2007, No. 49, Art. 6047; 2012, No. 53, Art. 7619; 2013, No. 30, Art. 4084; 2014, No. 45, Art. 6154; 2015, No. 29, Art. 4362; 2016, No. 22, Art. 3094; No. 27, Art. 4225) following changes:

Article 1 to state 1) in the following edition:

"Article 1. Concept of mutual insurance and legal basis of mutual insurance

1. Mutual insurance - insurance of valuable interests of members of society of mutual insurance on mutual basis by consolidation in the society of mutual insurance of means necessary for this purpose.

2. Mutual insurance is performed by society of mutual insurance (further also - society).

3. The legal basis of mutual insurance the Civil code of the Russian Federation, the Law of the Russian Federation of November 27, 1992 constitute No. 4015-I "About the organization of insurance case in the Russian Federation", this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation and regulations of the Central bank of the Russian Federation (further - the Bank of Russia).";

2) in Article 2:

a) in the name of the word "Coverage" shall be replaced with words "Regulation subject";

b) "mutual insurance (further also - society)" to exclude words;

Article 3 - 5 to state 3) in the following edition:

"Article 3. Procedure of mutual insurance

1. Mutual insurance is performed based on the insurance contracts signed between the society acting as the insurer and his members acting as insurers and rules of insurance or is direct based on the charter of society.

2. Only valuable interests connected with implementation of one type of insurance are subject to the mutual insurance performed directly based on the charter of society. In this case rules of insurance are integral part of the charter of society and shall determine similar conditions of mutual insurance for all members of society.

3. Society has the right to perform compulsory insurance and voluntary property insurance which in accordance with the legislation of the Russian Federation is condition of implementation of professional or business activity if such right is provided by the Federal Laws. Within thirty days after day of decision making about implementation of the specified voluntary property insurance society shall submit to body of insurance supervision the documents confirming compliance of the size of own means (capital) of society to the requirements provided by the paragraph the second Item 3.2 of article 25 of the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation".

4. Society shall in case of approach defined by the insurance contract and (or) rules of insurance of event (insured event) to make insurance payment to the member of society or to the beneficiary on conditions, according to the procedure and in terms which are established by the insurance contract and (or) rules of insurance.

5. Obligations of society on insurance payments (part of such obligations) can be transferred by society to reinsurance according to the procedure, No. 4015-I provided by the Law of the Russian Federation of November 27, 1992 "About the organization of insurance case in the Russian Federation". At the same time the overcautious person who assumed in reinsurance obligations of society on insurance payments (part of such obligations) cannot be the member of this society.

6. Society when implementing the activities has the right to attract on contractual basis of the organization, the experts, specialists and other persons having necessary knowledge and (or) work experience including in the field of insurance activity, actuarial activities, conducting financial accounting and creation of accounting (financial) records if other is not stipulated by the legislation the Russian Federation.

Article 4. Subjects of mutual insurance

The objects of property insurance provided by items 4 - the 6th article 4 of the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation" can be subjects of mutual insurance.

Article 5. Concept of society of mutual insurance and its creation

1. Society of mutual insurance is type of consumer cooperative and is created for implementation of mutual insurance according to this Federal Law.

2. Founders of society can be at least five physical and (or) legal entities who make the decision on organization of society, approve the charter of society and other documents of society, create governing bodies of society and control facility of society. Decisions on organization of society and approval of its charter are accepted by all founders of society unanimously and are drawn up by the protocol. Decisions on forming of governing bodies of society, control facility of society, and also on approval of other documents of society are accepted by the majority at least three quarters of voices of total number of voices of founders of society and are drawn up by the protocol.

3. Founders of society become his members from the date of state registration of society.

4. Society can be created also as a result of reorganization of the existing societies of mutual insurance in accordance with the legislation of the Russian Federation.

5. The number of members of society cannot be less than five physical and (or) legal entities.

6. Data on societies are subject to entering into the unified state register of subjects of insurance case.

7. Full name of society in Russian shall contain the words "consumer society of mutual insurance". Any legal entity in the Russian Federation, except for the societies of mutual insurance, associations (unions) of societies of mutual insurance, self-regulatory organizations in the field of the financial market combining societies of mutual insurance of the legal entities intending to obtain the license for implementation of the mutual insurance having no right to use in the name the words "consumer society of mutual insurance", "society of mutual insurance" or abbreviations of POVS, OVS or otherwise to specify that this legal entity has the right to implementation of mutual insurance.

8. Along with information, stipulated in Item 6th article 6 of the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation", society shall post on the official site on the Internet (further - Internet network):

1) charter of society;

2) information on procedure for admission to membership of society, types of fees of members of society, on conditions of membership in society;

3) information on the acting members of society, and also on the excluded members of society with indication of date of their exception;

4) information on the made decision on reorganization or liquidation of society.

9. Upon the demand of persons who showed willingness to enter society, society performs explanation of the provisions of the charter of society registered in accordance with the established procedure changes in the charter of society, insurance contracts, rules of insurance, procedure for application of insurance rates on the types of insurance performed by society, conditions and procedure for execution by members of society of obligation on introduction of additional contributions, provided by part 4 of article 18 of this Federal Law, and also provisions of the internal and other documents determining conditions of membership in society.

10. Information on activities of society is carried to his members at their choice by means of the direction on the societies specified by members postal addresses, e-mail addresses, deliveries to members of society personally or the different way allowing to confirm the fact and the date of receipt of such information by members of society, and also is posted on the official site of society in Internet network in the Section, access to which is provided only to members of society according to the procedure, provided by the charter of society and (or) internal documents of society. Methods of bringing to members of society of information on activities of society and procedure for the choice of such methods by members of society are established by the charter of society and (or) internal documents of society.";

4) in Article 6:

a) regarding 1 word "general meeting of members of society" shall be replaced with words "founders of society";

b) in part 3:

in Item 1 to replace the word "name" with the word "names";

add item 4 with words ", including with indication of that in accordance with the legislation of the Russian Federation the voluntary property insurance performed by society is condition of implementation of professional or business activity";

in Item 5 of the word "and competence" shall be replaced with words ", competence, term of office and responsibility";

add with Item 6.1 of the following content:

"6. 1) procedure for forming and maintaining the register of members of society, procedure and conditions of provision of data from the register of members of society;";

add with Item 7.1 of the following content:

"7. 1) procedure for disclosure by society of information, provision of documents of society to his members;";

state Items 8 and 9 in the following edition:

"8) rights, obligations and responsibility of members of society;

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