FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 7, 2013 No. 100-FZ

About modification of subsections 4 and 5 of the Section I of part one and Article 1153 parts three of the Civil code of the Russian Federation

Accepted by the State Duma on April 24, 2013

Approved by the Federation Council on April 27, 2013

Article 1

Make parts one of the Civil code of the Russian Federation to the section I (The Russian Federation Code, 1994, No. 32, Art. 3301; 1996, No. 9, Art. 773; No. 34, Art. 4026; 1999, No. 28, Art. 3471; 2002, No. 12, Art. 1093; No. 48, Art. 4746; 2003, No. 52, Art. 5034; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, 39; No. 27, Art. 2722; No. 30, Art. 3120; 2006, No. 2, Art. 171; No. 3, Art. 282; No. 23, Art. 2380; No. 31, Art. 3437; No. 45, Art. 4627; No. 50, Art. 5279; No. 52, Art. 5497; 2007, No. 1, Art. 21; No. 7, Art. 834; No. 49, Art. 6079; 2008, No. 17, Art. 1756; No. 20, Art. 2253; 2009, No. 1, Art. 20, 23; No. 29, Art. 3582; No. 52, Art. 6428; 2010, No. 19, Art. 2291; No. 31, Art. 4163; 2011, No. 15, Art. 2038; No. 49, Art. 7015, 7041; No. 50, Art. 7335; 2012, No. 50, Art. 6963; No. 53, Art. 7607, 7627; 2013, No. 7, Art. 609) following changes:

The name of subsection 4 to state 1) in the following edition:

"Subsection 4. Transactions. Decisions of meetings. Representation";

The word "so far as" to exclude 2) in Article 156;

To add 3) with Article 157.1 of the following content:

"Article 157.1. Consent to transaction

1. Rules of this Article are applied if another is not provided by the law or other legal act.

2. If on transaction the consent of the third party, body of the legal entity or state body or local government body, on the consent or on refusal in it the third party by law is required or the relevant organ reports person who requested consent or other interested person in reasonable time after receipt of the address of person who requested consent.

3. In prior consent to transaction the subject of the transaction to which making it is agreed shall be determined.

In case of subsequent consent (approval) the transaction to which making it is agreed shall be specified.

4. Silence is not considered consent to transaction, except as specified, established by the law.";

The second Item 3 of article 160 of figure "185" to replace 4) in the paragraph with figures "185.1";

5) in the subitem 2 of Item 1 of Article 161 of the word "ten times the minimum wage which was at least established by the law" shall be replaced with words "ten thousand rubles";

Item 3 of Article 162 to declare 6) invalid;

7) in Article 163:

a) state the name in the following edition:

"Article 163. Notarial certificate of the transaction";

b) state Item 1 in the following edition:

"1. The notarial certificate of the transaction means check of legality of the transaction, including availability at each of the parties of the right to its making, and is performed by the notary or the official having the right to make such notarial action, according to the procedure, the established law on notariate and notarial activities.";

c) add with Item 3 following of content:

"3. If the notarial certificate of the transaction according to Item 2 of this Article is obligatory, non-compliance with notarial form of the transaction attracts its negligibility.";

To state Article 164 in the following edition:

"Article 164. State registration of transactions

1. In cases if the law provides state registration of transactions, consequence in law of the transaction come after its registration.

2. The transaction providing change of conditions of the registered transaction is subject to state registration.";

Article 165 to state 9) in the following edition:

"Article 165. Evasion effects from the notarial certificate or state registration of the transaction

1. If one of the parties fully or partially performed the transaction requiring the notarial certificate, and other party evades from such certificate of the transaction, the court upon the demand of the party which performed the transaction has the right to recognize the transaction valid. In this case the subsequent notarial certificate of the transaction is not required.

2. If the transaction requiring state registration is made in due form, but one of the parties evades from its registration, the court upon the demand of other party has the right to pass the decision on registration of the transaction. In this case the transaction is registered according to the judgment.

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