FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 21, 2013 No. 379-FZ

About modification of separate legal acts of the Russian Federation

List of amending documents

Accepted by the State Duma of the Russian Federation on December 13, 2013

Approved by Council of the Russian Federation on December 18, 2013

Article 1

Bring in 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. 26, Art. 2586; No. 33, Art. 3424; 2003, No. 27, Art. 2700; No. 52, Art. 5033; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 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. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605; 2013, No. 11, Art. 1076; No. 19, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438; No. 30, Art. 4084) following changes:

Article 8 to add 1) with part eight of the following content:

"The credit institution shall open information on transactions on concession to mortgage agents or specialized societies of the monetary claims including certified by mortgages. The structure of such information, procedure and terms of its disclosure are established by regulations of the Bank of Russia.";

Article 26 to add 2) with part of the thirty fifth of the following content:

"References according to nominal, pledged accounts and escrow accounts can be provided to the third parties in cases and according to the procedure which are provided by the Civil code of the Russian Federation.";

Article 40.1 to add 3) with part five of the following content:

"The credit institution shall record monetary claims concerning which it, without being creditor, based on the agreement fulfills duties on obtaining and transfer of the money which arrived from debtors and (or) performs other rights of creditors on the specified monetary claims (servicing of monetary claims). Such accounting is performed according to regulations of the Bank of Russia.".

Article 2

Bring in Bases of the legislation of the Russian Federation on notariate of February 11, 1993 No. 4462-1 (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; Russian Federation Code, 2003, No. 50, Art. 4855; 2004, No. 27, Art. 2711; No. 35, Art. 3607; No. 45, Art. 4377; 2005, No. 27, Art. 2717; 2006, No. 27, Art. 2881; 2007, No. 1, Art. 21; No. 27, Art. 3213; No. 41, Art. 4845; No. 43, Art. 5084; 2008, No. 52, Art. 6236; 2009, No. 1, Art. 14, 20; No. 29, Art. 3642; 2010, No. 28, Art. 3554; 2011, No. 49, Art. 7064; No. 50, Art. 7347; 2012, No. 27, Art. 3587; No. 41, Art. 5531; 2013, No. 14, Art. 1651) following changes:

1) in Article 5:

a) in part four in the first offer to replace the word "References" with the word "Data", shall be replaced with words the word of "documents" "documents and notaries in connection with the made notarial actions", the second offer to state in the following edition: "Certificates of issue of certificates on the right to inheritance and of the notarial certificate of gift agreements go to tax authority in cases and according to the procedure which are stipulated by the legislation the Russian Federation about taxes and fees.";

b) add with part five of the following content:

"When making notarial actions the consent of the subject of personal data to processing of its personal data for making of notarial actions is not required.";

2) in Article 11:

a) state the name in the following edition:

"Article 11. Personal seal, stamps and forms of the notary. Digital signature of the notary";

b) add with part two of the following content:

"For making of notarial actions with electronic documents and transfers of data in notariate unified information system the notary uses the strengthened qualified digital signature (further - the qualified digital signature) created according to the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature".";

Chapter I to add 3) with Article 11.1 of the following content:

"Article 11.1. State support of notariate

The notaries who are engaged in private practice and notarial chambers have the right to the conclusion of lease agreements, and is equal also other agreements providing transition of rights of possession and (or) uses concerning the rooms which are in the state-owned or municipal property and used for implementation of notarial activities (including for storage of archive of notarially certified documents) or placements of notarial chamber, without carrying out tenders or auctions on the right of the conclusion of these agreements.

In case of paid alienation from the state-owned or municipal property of the room leased by the notary who is engaged in private practice, or notarial chamber more than three years and used for implementation of notarial activities (including for storage of archive of notarially certified documents) or placements of notarial chamber, the notary or notarial chamber has the privilege to acquisition of such property at the price equal to its market value and determined according to the procedure, No. 135-FZ established by the Federal Law of July 29, 1998 "About estimative activities in the Russian Federation", without carrying out tender or auction.";

4) in Article 15 part one:

a) the fourth to state the paragraph in the following edition:

"request physical persons and legal entities of the data and documents (including the containing personal data), necessary for making of notarial actions;";

b) the fifth to state the paragraph in the following edition:

"represent in the cases established by the Federal Law and procedure the statement for state registration of the rights to real estate and transactions with it and other necessary documents to the body performing state registration of the rights to real estate and transactions with it and to receive certificates on state registration of the rights and other documents issued by this body.";

Article 22 to add 5) with part six of the following content:

"The relations connected with payment of notarial actions and other services rendered when implementing notarial activities are not subject of regulation of the antitrust law.";

6) regarding 1 Article 22.1:

a) declare Item 7 invalid;

b) add with Items 12.1 - 12.5 following of content:

"12. 1) for registration of the notification on pledge of personal estate - 300 rubles;

12. 2) for issue of the statement from the register of notifications on pledge of personal estate - 40 rubles for each page of the statement within the first - the tenth pages inclusive, 20 rubles for each page of the statement starting with the eleventh page;

12. 3) for the certificate of equivalence of the paper document to the electronic document - 50 rubles for each page of the paper document;

12. 4) for the certificate of equivalence of the electronic document to the paper document - 50 rubles for each page of the paper document;

12. 5) for submission of documents for state registration of the rights to real estate and transactions with it - 1 000 rubles;";

Article 26 to state 7) in the following edition:

"Article 26. Bodies of notarial chamber

Bodies of notarial chamber are:

1) general meeting of members of notarial chamber;

2) president of notarial chamber;

3) board of notarial chamber;

4) audit committee of notarial chamber;

5) other bodies which creation is provided by the charter of notarial chamber.

Competence of bodies of notarial chamber is regulated by the civil legislation, these Bases and the charter of notarial chamber.

The president, the board and audit committee of notarial chamber are elected general meeting of members of notarial chamber. Presidential elections and boards of notarial chamber are performed by secret vote.

4 parts one of this Article, any notary who is engaged in private practice and being the member of this notarial chamber can be the elected to the bodies of notarial chamber specified in Items 2-. The right of such notary be elected to bodies of notarial chamber cannot be limited to its charter. The same person more than two terms in a row cannot hold position of the president of notarial chamber.

With loss by person of the status of the notary its powers in relevant organs of notarial chamber stop.

In case of recognition of election of the president of notarial chamber cancelled or in case of early termination of powers of the president of notarial chamber election of the president of notarial chamber is appointed not later than in three months from the date of recognition of these elections cancelled or the terminations of powers of the president of notarial chamber.

If as a result of vote on election of the president of notarial chamber in case of number of candidates for president more than two any person did not gather majority of votes, the second round of vote in which two candidates who gathered the greatest poll participate is held on the same day.

During the vote on general meeting of members of notarial chamber the members of notarial chamber who are the notaries who are engaged in private practice have the right of casting vote, and other members of notarial chamber - the right of advisory vote. Decisions of general meeting of members of notarial chamber are made by a simple majority vote (50 percent plus one voice) persons participating in its meeting with the right of casting vote.

Decisions of other bodies of notarial chamber are made by a simple majority vote (50 percent plus one voice) persons participating in meeting of relevant organ if other is not provided by the charter of notarial chamber.";

To state Article 27 in the following edition:

"Article 27. Membership fees and other payments of members of notarial chamber

The size of the membership fees and other payments of the members of notarial chamber necessary for accomplishment of its functions is determined by general meeting of members of notarial chamber at least every two years.

The size of the membership fees is established taking into account the notarial chamber of the profit and loss budget of notarial chamber approved by general meeting of members for the next financial year.

Return of the membership fees and other payments of members of notarial chamber brought in notarial chamber is not allowed, except for excessively paid amounts.";

Part the second Article 30 to add 9) with paragraphs of the following content:

"provides creation and functioning of unified information system of notariate;

places in information and telecommunication networks for open entry of the unrestricted group of people in the cases provided by these Bases, the data containing in notariate unified information system;

provides electronic interaction of notaries and the state and municipal information systems with use of the infrastructure providing information and technological interaction of such information systems used for provision of the state and municipal services electronically;

provides possibility of check by notaries of the conforming to requirements, the established Federal Law of April 6, 2011 No. 63-FZ "About the digital signature", qualified digital signatures of persons with whom notaries perform electronic interaction.";

Article 31 to state 10) in the following edition:

"Article 31. Bodies of Federal notarial chamber

Bodies of Federal notarial chamber are:

1) meeting of representatives of notarial chambers;

2) president of Federal notarial chamber;

3) board of Federal notarial chamber;

4) audit committee of Federal notarial chamber;

5) other bodies which creation is provided by the charter of Federal notarial chamber.

Competence of bodies of Federal notarial chamber is regulated by the civil legislation, these Bases and the charter of Federal notarial chamber.

For participation in meeting of representatives of notarial chambers each notarial chamber directs the representative who has the number of votes equal to the number of notaries - members of the relevant notarial chamber.

The president, the board and audit committee of Federal notarial chamber are elected by meeting of representatives of notarial chambers. In vote on presidential elections, board or audit committee of Federal notarial chamber at least than two thirds of total number of representatives of notarial chambers shall participate. Presidential elections and boards of Federal notarial chamber are performed by secret vote.

Any notary who is engaged in private practice and pushed by notarial chamber which member he is can be elected to bodies of Federal notarial chamber. The right of such notary be elected to bodies of Federal notarial chamber cannot be limited to its charter. The same person more than two terms in a row cannot hold position of the president of Federal notarial chamber.

With loss by person of the status of the notary its powers in relevant organs of Federal notarial chamber stop.

In case of recognition of election of the president of Federal notarial chamber cancelled or in case of early termination of powers of the president of Federal notarial chamber election of the president of Federal notarial chamber is appointed not later than in three months from the date of recognition of these elections cancelled or the terminations of powers of the president of Federal notarial chamber.

If as a result of vote on election of the president of Federal notarial chamber in case of number of candidates for president more than two any person did not collect simple majority of votes, no later than the next day the second round of vote in which two candidates who gathered the greatest poll participate is held.

Decisions of meeting of representatives of notarial chambers are made by a simple majority vote (50 percent plus one voice) which the representatives participating in meeting have.

Decisions of other bodies of Federal notarial chamber are made by a simple majority vote (50 percent plus one voice) persons participating in meeting of relevant organ if other is not provided by the charter of Federal notarial chamber.";

Article 32 to state 11) in the following edition:

"Article 32. Membership fees and other payments of members of Federal notarial chamber

The size of the membership fees and other payments of the members of Federal notarial chamber necessary for accomplishment of its functions is annually determined by meeting of representatives of notarial chambers.

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