FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 28, 2013 No. 134-FZ

About modification of separate legal acts of the Russian Federation regarding counteraction to illegal financial transactions

Accepted by the State Duma of the Russian Federation on June 11, 2013

Approved by Council of the Russian Federation on June 26, 2013

Article 1

Bring in article 26 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 2001, No. 33, Art. 3424; 2003, No. 27, Art. 2700; No. 52, Art. 5033; 2004, No. 27, Art. 2711; 2005, No. 1, Art. 45; 2007, No. 31, Art. 4011; No. 41, Art. 4845; 2009, No. 23, Art. 2776; No. 30, Art. 3739; 2010, No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873; No. 48, Art. 6730; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 50, Art. 6954; No. 53, Art. 7605; 2013, No. 11, Art. 1076; No. 19, Art. 2329) following changes:

1) part third to recognize invalid;

To add 2) with new part five of the following content:

"References on transactions and accounts of legal entities and individual entrepreneurs, on transactions, accounts and household deposits are issued based on the judgment by credit institution to officials of bodies, authorized to perform investigation and search operations, in case of accomplishment of functions by them on identification, the prevention and control of offenses on their requests taken to court according to the procedure, the stipulated in Article 9 Federal Laws of August 12, 1995 No. 144-FZ "About operational search activities", in the presence of the data on the signs prepared, committed or the committed crimes, and also about the persons preparing them, making or who made if there are no sufficient data for the solution of question of initiation of legal proceedings. Lists of the specified officials are established by regulatory legal acts of the corresponding federal executive bodies.";

Part the fifth to consider 3) by part six;

Part the sixth to consider 4) by part seven and to recognize it invalid;

Parts the seventh - the twenty fifth to consider 5) respectively by parts eight - the twenty sixth;

To add 6) with parts of the twenty seventh and twenty eighth of the following content:

"Information on opening or on closing of accounts, deposits (deposits), on change of account details, deposits (deposits) of the organizations, the citizens performing business activity without formation of legal entity, physical persons on provision of the right or the termination of the right of the organizations and citizens performing business activity without formation of legal entity to use corporate electronic instruments of payment for transfers of electronic money, on change of details of corporate electronic instrument of payment in electronic form is reported by credit institution to tax authorities according to the procedure, established by the legislation of the Russian Federation on taxes and fees.

Data on availability of accounts, deposits (deposits) and (or) on balances in cash on accounts, deposits (deposits), on transactions on accounts, on deposits (deposits) of the organizations, the citizens performing business activity without formation of legal entity, physical persons are provided by credit institution to tax authorities according to the procedure, established by the legislation of the Russian Federation on taxes and fees.".

Article 2

Article 7.1 of the Law of the Russian Federation of March 21, 1991 No. 943-1 "About tax authorities of the Russian Federation" (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1991, No. 15, Art. 492; Russian Federation Code, 1999, No. 28, Art. 3484; 2011, No. 48, Art. 6730; 2012, No. 50, Art. 6954; No. 19, the Art. 2329) to add 2013, with part three of the following content:

"Tax authorities in the presence of the consent of workers (their spouses and minor children) of the organizations with the state participation represent to state bodies the data on the size and on sources of the income of specified persons in the cases and procedure determined by regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation which are available for them.".

Article 3

Article 32.1 of the Law of the Russian Federation of November 27, 1992 No. 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, No. 2, Art. 56; Russian Federation Code, 1998, No. 1, Art. 4; 2003, No. 50, Art. 4858; 2005, No. 10, Art. 760; No. 44, the Art. 5172) to add 2009, with Items 6 - 11 following contents:

"6. Persons specified in Items 1 and 2 of this Article and also board members (supervisory board), members of collegiate executive body of the subject of insurance case - the legal entity cannot be:

1) persons who performed functions of sole executive body of the financial organizations at the time of making of violations by these organizations for which at them were cancelled the licenses for implementation of the corresponding types of activity, or violations for which it was suspended the specified licenses (are revoked) and the specified licenses were cancelled withdrawn) owing to not elimination of these violations if from the date of such cancellation (response) there passed less than three years. At the same time the financial organization for the purposes of this Law is understood the professional participant of the security market, as the clearing organization, managing company of investment fund, mutual investment fund and non-state pension fund, specialized depositary of investment fund, mutual investment fund and non-state pension fund, joint-stock investment fund, credit institution, insurance company, non-state pension fund, the organizer of trade;

2) persons concerning whom the term during which they are considered subjected to administrative punishment in the form of disqualification did not expire;

3) persons having not removed or unspent conviction for crimes in the field of economic activity or crime against the government.

7. The acting board member (supervisory board) in case of approach of the circumstances specified in subitems 1 - 3 Items 6 of this Article, is considered disposed from the date of entry into force of the relevant decision of authorized body or court.

8. The physical person having not removed or unspent conviction for crime in the field of economic activity or crime against the government has no right directly or indirectly (through persons under control to it) independently or together with other persons, the related property trust management agreements, and (or) particular partnership, and (or) the order, and (or) the shareholders' agreement, and (or) other agreement which subject is implementation of the rights certified by shares (shares) of insurance company to acquire the order right in 10 and more percent of votes, falling on voting shares (shares) constituting the authorized capital of insurance company.

9. Ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 281-FZ

10. The body of insurance supervision within implementation of the supervising functions in the procedure established by it has the right to request and obtain information on persons who directly or indirectly (through persons under control to them) independently or together with other persons, the related property trust management agreements, and (or) particular partnership, and (or) the order, and (or) the shareholders' agreement, and (or) other agreement which subject is implementation of the rights certified by shares (shares) of insurance company have the order right in 10 and more percent of votes, falling on voting shares (shares) constituting the authorized capital of insurance company.

11. Ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 281-FZ

Article 4

Bring in part one of the Civil code of the Russian Federation (The Russian Federation Code, 1994, No. 32, Art. 3301; 2002, No. 12, Art. 1093; 2006, No. 2, Art. 171; No. 52, Art. 5497) following changes:

Article 51 to state 1) in the following edition:

"Article 51. State registration of legal entities

1. The legal entity is subject to state registration in the authorized state body according to the procedure provided by the law on state registration of legal entities.

2. Data of state registration join in the Unified State Register of Legal Entities open for general acquaintance.

Person, fair relying on data of the Unified State Register of Legal Entities, has the right to recognize that they correspond to the valid circumstances. The legal entity has no right to refer in the relations with person relying on data of the Unified State Register of Legal Entities to the data which are not included in the specified register and also to the doubtful data containing in it, except as specified, if the relevant data are included in the specified register as a result of wrongful acts of the third parties or other way without volition of the legal entity.

The legal entity shall pay the damages caused to other participants of civil circulation owing to non-presentation, untimely representation or submission of doubtful data on it in the Unified State Register of Legal Entities.

3. Before state registration of the legal entity, changes of its charter or before inclusion of other data which are not connected with changes of the charter the authorized state body shall carry out to the Unified State Register of Legal Entities according to the procedure and in time which are provided by the law, check of accuracy of the data, included in the specified register.

4. In cases and according to the procedure which are provided by the law on state registration of legal entities the authorized state body shall report beforehand to interested persons about the forthcoming state registration of changes of the charter of the legal entity and about the forthcoming inclusion of data in the Unified State Register of Legal Entities.

Interested persons have the right to send to authorized state body of objection of rather forthcoming state registration of changes of the charter of the legal entity or the forthcoming inclusion of data in the Unified State Register of Legal Entities according to the procedure, provided by the law on state registration of legal entities. The authorized state body shall consider these objections and make the relevant decision according to the procedure and in time which are provided by the law on state registration of legal entities.

5. The refusal in state registration of the legal entity, and also in inclusion of data on it in the Unified State Register of Legal Entities is allowed only in the cases provided by the law on state registration of legal entities.

Refusal in state registration of the legal entity and evasion from such registration can be disputed in court.

6. State registration of the legal entity can be acknowledged as court invalid in connection with the gross violations of the law allowed during its creation if these violations have unremovable character.

Inclusion in the Unified State Register of Legal Entities of data on the legal entity can be disputed in court if such data are doubtful or included in the specified register with violation of the law.

7. The losses caused by illegal refusal in state registration of the legal entity, evasion from state registration, inclusion in the Unified State Register of Legal Entities of doubtful data on the legal entity or violation of the procedure for state registration provided by the law on state registration of legal entities because of authorized state body are subject to compensation for the account of treasury of the Russian Federation.

8. The legal entity is considered created, and data on the legal entity are considered included in the Unified State Register of Legal Entities from the date of entering of the corresponding record into this register.";

Item 3 of Article 63 to add 2) with the paragraph of the following content:

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