of July 21, 2014 No. 220-FZ
About introduction of amendments to the Federal law "About Investment Partnership"
Accepted by the State Duma of the Russian Federation on July 1, 2014
Approved Sovetomrossiysky Federation on July 9, 2014
Bring in the Federal Law of November 28, 2011 No. 335-FZ "About investment partnership" (The Russian Federation Code, 2011, No. 49, the Art. 7013) the following changes:
1) in Article 2:
a) in paragraph one of the word "For the purpose of" shall be replaced with words "1. For the purpose of";
b) state Items 1 and 2 in the following edition:
"1) joint investing activities - the activities for investment of common property of companions into the investment objects allowed by the Federal Law and this agreement performed by companions jointly based on the agreement of investment partnership for the purpose of realization investment, including innovative, projects;
2) policy of maintaining common causes (the investment declaration) - the set of the conditions establishing obligatory for accomplishment by the managing companion of the requirement to the list of the investment objects allowed by the Federal Law which is part of the agreement of investment partnership to structure and structure of common property of companions and (or) to the amount of execution according to the bargains concluded by one, several or all managing companions including concerning one person or group of persons, including persons who are affiliated in relation to managing companions and (or) their affiliates. The exception of policy of maintaining common causes (the investment declaration) of any of the specified requirements or inclusion in it of additional requirements can be provided by the agreement of investment partnership;";
c) declare Item 3 invalid;
d) add with part 2 following of content:
"2. Securities of foreign issuers can be investment objects in case of implementation of joint investing activities provided that the specified securities can be allowed to placement and (or) the public address in the Russian Federation in accordance with the legislation of the Russian Federation about securities.";
2) in Article 3:
a) regarding 2 words "companions perform on behalf of other companions maintaining common causes of companions (managing companions)" shall be replaced with words "companions (managing companions) perform on behalf of all companions maintaining common causes of companions";
b) add with part 2.1 following of content:
"2.1. In case of participation in the agreement of investment partnership of two and more managing companions all legal and actual acts of each of managing companions connected with agreement performance of investment partnership and implementation of joint investing activities are considered as collateral actions of all managing companions and all managing companions bear joint liability for effects of such actions (failure to act). If the right of making of certain action or obligation of making of certain action are assigned by this Federal Law or the agreement of investment partnership on defined by this Federal Law or this agreement of the managing companion or if making of certain action belongs to the licensed type of activity and it can be made only by the managing companion having the corresponding license, such action is not combined action of all managing companions participating in the agreement of investment partnership, but does not exclude their joint liability for effects of such action (failure to act) provided that it is connected with implementation of joint investing activities.";
c) in part 3 the second offer to state in the following edition: "Physical persons cannot be agreement parties of investment partnership.";
d) state part 5 in the following edition:
"5. The managing companion has no right to participate at the same time in two and more agreements of investment partnership if at least one of them contains prohibition on such participation. The agreement of investment partnership signed by the managing companion in defiance of the specified restriction can be nullified judicially upon the demand of any other participant of this contract with assignment for the managing companion of obligation on compensation by everything to participants of this agreement caused to them with respect thereto losses.";
e) add with part 7.1 following of content:
"7.1. For the purpose of application of this Federal Law placement of information on the agreement of investment partnership on the website of investment partnership on the Internet, and also on other websites on the Internet is not advertizing of joint investing activities.";
e) state part 8 in the following edition:
"8. In the agreement of investment partnership for the purpose of its individualization the name (individual designation) of this agreement (including the words "investment partnership"), registration number of this agreement in the register of notarial actions of unified information system of notariate, surname, name and middle name of the notary at whom this agreement was certified date of the notarial certificate of this agreement (individual signs) are specified.";
g) add with parts 9 - 12 following contents:
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