FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 22, 2010 No. 65-FZ

About introduction of amendments to the Law of the Russian Federation "About the organization of insurance case in the Russian Federation" and separate legal acts of the Russian Federation

Accepted by the State Duma on April 9, 2010

Approved by the Federation Council on April 14, 2010

Article 1

Bring in the Law of the Russian Federation of November 27, 1992 N 4015-1 "About the organization of insurance case in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 2, Art. 56; Russian Federation Code, 1998, N 1, Art. 4; 1999, N 47, Art. 5622; 2002, N 12, Art. 1093; 2003, N 50, Art. 4858; 2005, N 10, Art. 760; 2007, N 49, Art. 6048) following changes:

Article 6 to add 1) with Item 2.1 of the following content:

"2.1. Insurers shall create conditions for ensuring safety of documents which list and requirements to providing which safety are established by the federal executive body performing functions on development of state policy and normative legal regulation in the field of insurance activity (further - body of insurance regulation).";

2) ceased to be valid according to the Federal Law of the Russian Federation of 23.07.2013 No. 234-FZ

3) in Article 25:

a) it is excluded since January 1, 2011. - Federal Law of 29.11.2010 N 313-FZ;

b) add with Item 3.1 of the following content:

"3.1. The list of the documents confirming accomplishment of the requirements to the authorized capital of the insurer established by this Law is established by body of insurance regulation.";

c) ceased to be valid according to the Federal Law of the Russian Federation of 23.07.2013 No. 234-FZ

Item 4 of Article 30 to add 4) with the subitem 6 of the following content:

"6) decision making about appointment of temporary administration, about suspension and about restriction of powers of executive body of insurance company in cases and according to the procedure which are established by the Federal Law "About Insolvency (Bankruptcy)".";

5) in Article 32:

a) add Item 2 with the subitem 14 of the following content:

"14) documents (according to the list established by regulatory legal acts of body of insurance regulation), confirmatory sources of origin of the money deposited by founders of the license applicant - physical persons in the authorized capital.";

b) state Item 11 in the following edition:

"11. Decision making about licensing or about refusal in licensing is performed by body of insurance supervision in time, not exceeding hundred twenty days from the date of receipt by body of insurance supervision of all documents provided by this Article for receipt of the license by the license applicant.

Decision making about issue or about refusal in licensing for implementation of auxiliary view of the voluntary and (or) compulsory insurance provided by classification of types of insurance and also for implementation of reinsurance is performed by body of insurance supervision in time, not exceeding sixty days from the date of receipt by body of insurance supervision of all documents provided by this Article for receipt of the license by the license applicant.

The body of insurance supervision shall report to the license applicant about adoption of the specified decision within five working days from the date of its acceptance.";

6) Article 32.6:

a) add with Item 9 of the following content:

"9. During restriction or suspension of action of the license change of the name (trade name), the location and the postal address of the subject of insurance case, and also reorganization of the subject of insurance case are possible only with preliminary permission of body of insurance supervision. The refusal of body of insurance supervision in issue of preliminary permission shall be motivated.";

b) add with Item 10 of the following content:

"10. Along with suspension of action of the license (except as specified if the temporary administration is appointed earlier or for decision date about suspension of action of the license concerning insurance company one of the procedures applied in the case of bankruptcy is entered) the body of insurance supervision appoints temporary administration of insurance company on the bases and according to the procedure which are provided by the Federal Law "About Insolvency (Bankruptcy)".";

c) add with Item 11 of the following content:

"11. Subjects of insurance case during restriction or suspension of action of the license have no right to open representations and branches without preliminary permission of body of insurance supervision.";

Item 4 of Article 32.8 to add 7) with paragraphs of the following content:

"Along with revocation of license (except for the case provided by this Article and cases if the temporary administration is appointed earlier or for decision date about revocation of license concerning insurance company one of the procedures applied in the case of bankruptcy is entered) the body of insurance supervision appoints temporary administration of insurance company on the bases and according to the procedure which are provided by the Federal Law "About Insolvency (Bankruptcy)".

In case of adoption by insurance company of the decision on refusal of implementation of insurance activity the temporary administration of insurance company in connection with revocation of license is not appointed in cases if insurance company pending notification body of insurance supervision about refusal of implementation of insurance activity:

fulfilled the obligations arising from insurance contracts, agreements of reinsurance including made insurance payments for the come insured events;

performed transfer of obligations assumed according to insurance contracts (insurance portfolio), and (or) early termination of insurance contracts, agreements of reinsurance;

submitted the documents confirming accomplishment of the specified obligations to body of insurance supervision.".

Article 2

Bring in article 44 of the Federal Law of April 22, 1996 N 39-FZ "About the security market" (The Russian Federation Code, 1996, N 17, Art. 1918; 2001, N 33, Art. 3424; 2002, N 52, Art. 5141; 2006, N 1, Art. 5; N 17, of Art. 1780; 2007, N 41, Art. 4845; 2009, N 48, Art. 5731) following changes:

Item 4 to add 1) with the paragraph of the following content:

"in case of numerous violation within one year by professional participants of the security market when implementing of functions by them on maintaining the register of requirements of creditors, and also the requirements established by the Federal Law of October 26, 2002 N 127-FZ "About insolvency (bankruptcy)" (further - the Federal Law "About Insolvency (Bankruptcy)") to make the decision on suspension of action or on cancellation of the license for implementation of professional activity in the security market;";

To add 2) with Item 4.1 of the following content:

"4. 1) in the cases provided by the Federal Laws to appoint temporary administration;";

To add 3) with Item 8.1 of the following content:

"8. 1) in the cases provided by the Federal Law "About Insolvency (Bankruptcy)" to submit the application for recognition of the professional participant of the security market by the bankrupt;".

Article 3

Bring in the Federal Law of May 7, 1998 N 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, N 19, Art. 2071; 2001, N 7, Art. 623; 2003, N 2, Art. 166; 2005, N 19, Art. 1755; 2007, N 50, Art. 6247; 2008, N 18, Art. 1942; 2009, N 52, Art. 6454) following changes:

Article 3 to add 1) with the paragraph of the following content:

"actuarial deficit - excess of actuarial cost of obligations over actuarial asset cost of fund.";

2) in Article 7.2:

a) add Item 2 with the words "or recognition of the licensee by the bankrupt and opening of bankruptcy proceedings";

b) add with Item 8.1 of the following content:

"8.1. The decision on cancellation of the license in connection with recognition of the licensee by the bankrupt and opening of bankruptcy proceedings is accepted by authorized federal body within 10 working days from the date of the introduction in legal force of the relevant decision of court.";

c) declare Item 15 invalid;

d) ceased to be valid according to the Federal Law of the Russian Federation of 21.07.2014 No. 218-FZ

e) ceased to be valid according to the Federal Law of the Russian Federation of 21.07.2014 No. 218-FZ

e) ceased to be valid according to the Federal Law of the Russian Federation of 21.07.2014 No. 218-FZ

Item 3 of Article 34 to add 3) with subitem 17.1 of the following content:

"17. 1) appoints temporary administration in the cases established by the Federal Laws;";

4) in Article 34.1:

a) add Item 3 with the paragraph of the following content:

"applications of measures for the prevention of bankruptcy of fund.";

b) add with Item 6.1 of the following content:

"6.1. In case of cancellation of the license of fund in connection with recognition of fund by the bankrupt and opening of bankruptcy proceedings according to Item 2 of article 7.2 of this Federal Law the temporary administration provided by this Federal Law is not appointed.";

c) add with Item 14 of the following content:

"14. In case of identification during activities of temporary administration of the bases for application of measures for the prevention of bankruptcy of fund the temporary administration addresses to authorized federal body with the petition for appointment in fund of temporary administration according to the Federal Law of October 26, 2002 N 127-FZ "About insolvency (bankruptcy)" (further - the Federal Law "About Insolvency (Bankruptcy)"). Along with appointment of temporary administration according to the Federal Law "About Insolvency (Bankruptcy)" the authorized federal body makes the decision on the termination of activities of the temporary administration appointed on other bases provided by this Federal Law.";

5) in Article 36.5:

a) add Item 2 with the paragraph of the following content:

"adoptions by Arbitration Court of the decision on recognition of fund by the bankrupt and about opening of bankruptcy proceedings.";

b) add item 4 with the offer of the following content: "In case of termination of the contract about mandatory pension insurance in case of adoption by Arbitration Court of the decision on recognition of fund by the bankrupt and about opening of bankruptcy proceedings transfer of means of pension accruals for financing of funded portion of work pension is performed according to the procedure, established by the Federal Law "About Insolvency (Bankruptcy)".".

Article 4

Bring in the Federal Law of November 29, 2001 N 156-FZ "About investment funds" (The Russian Federation Code, 2001, N 49, Art. 4562; 2006, N 17, Art. 1780; 2007, N 50, Art. 6247) following changes:

Item 2 of Article 55 to add 1) with subitem 18.1 of the following content:

"18. 1) appoints temporary administration in the cases established by the Federal Laws;";

Article 61 to add 2) with item 4 of the following content:

"4. In provided by the Federal Law of October 26, 2002 N 127-FZ "About insolvency (bankruptcy)" (further - the Federal Law "About Insolvency (Bankruptcy)") cases the federal executive body on the security market makes the decision on application of measures for the prevention of bankruptcy of joint-stock investment fund, managing company, specialized depositary.";

Item 2 of Article 61.2 to add 3) with the words "or recognition of the licensee by the bankrupt and opening of bankruptcy proceedings";

Item 5 of Article 61.3 to add 4) with the words "or in case of recognition by his bankrupt and opening of bankruptcy proceedings";

Article 61.4 to add 5) with Item 10 of the following content:

"10. In case of identification during activities of temporary administration of the bases for application of measures for the prevention of bankruptcy of managing company the temporary administration addresses in federal executive body on the security market with the petition for appointment to the specified managing company of temporary administration according to the Federal Law "About Insolvency (Bankruptcy)". Along with appointment of temporary administration according to the Federal Law "About Insolvency (Bankruptcy)" the federal executive body on the security market makes the decision on the termination of activities of the temporary administration appointed on other bases provided by this Federal Law.".

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