FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2014 No. 482-FZ

About introduction of amendments to the Federal law "About Insolvency (Bankruptcy)" and the Russian Federation Code of Administrative Offences

Accepted by the State Duma on December 19, 2014

Approved by the Federation Council on December 25, 2014

Article 1

Bring in the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 41, Art. 4845; 2009, No. 1, Art. 4, 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; 2010, No. 17, Art. 1988; No. 31, Art. 4188; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 29, Art. 4301; No. 49, Art. 7015; 2012, No. 31, Art. 4333; 2013, No. 27, Art. 3481; No. 51, Art. 6699; No. 52, Art. 6975; 2014, No. 11, Art. 1098; No. 30, Art. 4217; No. 49, Art. 6914) following changes:

1) in Item 1 of Article 4:

a) state paragraph two in the following edition:

"The structure and the size of the monetary commitments and obligatory payments which arose before adoption by Arbitration Court of the statement for recognition of the debtor by the bankrupt and declared after adoption of such statement by Arbitration Court are determined on Date of Introduction of the first procedure applied in the case of bankruptcy.";

b) third to declare the paragraph invalid;

2) in Article 6:

a) in Item 2 of the word of "hundred thousand" shall be replaced with words "three hundred thousand";

b) the paragraph one of Item 3 to declare invalid;

3) in Article 7:

a) state Item 2 in the following edition:

"2. The right to the appeal to Arbitration Court arises at the competitive creditor, authorized body according to monetary commitments from the date of the introduction in legal force of the judgment, Arbitration Court or court resolution about issue of writs of execution on forced execution of decisions of reference tribunal on collection from the debtor of money.

The right to the appeal to Arbitration Court arises at the competitive creditor - credit institution from the date of origin at the debtor of the signs of bankruptcy established by this Federal Law.

The right to the appeal to Arbitration Court arises at the authorized body on obligatory payments after thirty days from decision date specified in the paragraph the second Item 3 of article 6 of this Federal Law.";

b) add with Item 2.1 of the following content:

"2.1. The right to the appeal to Arbitration Court arises at the competitive creditor - credit institution according to the procedure, established by the paragraph the second Item 2 of article 7 of this Federal Law, on condition of preliminary, at least in fifteen calendar days prior to the appeal to Arbitration Court, publications of the notification on intention to file petition for recognition of the debtor by the bankrupt by its inclusion in the Unified federal register of data on the facts of activities of legal entities.";

4) in Item 1 of Article 12:

a) add with the new paragraph the seventh the following content:

"on the issue of the choice of the arbitration manager or self-regulatory organization from among which members Arbitration Court the arbitration manager affirms;";

b) add with paragraphs the eighth and ninth the following content:

"on the appeal to Arbitration Court with the petition for discharge of the arbitration manager;

on the appeal to Arbitration Court with the petition for the termination of bankruptcy proceedings and transition to external management.";

c) to consider the paragraph of the seventh the paragraph the tenth;

5) in Article 13:

a) to add Item 1 after the words "at least for five" with the word of "workers";

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

"Person who holds creditor meeting shall provide access to the materials provided to participants of the meeting of creditors for acquaintance and (or) approval, at least in five working days prior to date of creditor meeting if other term is not established by this Federal Law.";

Article 18 to add 6) with Item 5 of the following content:

"5. The minutes of creditor committee are constituted in duplicate, first of which go to Arbitration Court not later than in five days from date of committee meeting of creditors, the second - is stored at person holding committee meeting of creditors.

If committee meeting of creditors was held not by the arbitration manager, the additional (third) copy of the minutes of creditor committee which goes to the arbitration manager is constituted.

Copies shall be attached to the minutes of creditor committee:

voting bulletins (if the regulations do not provide other form of decision making);

the materials provided to members of the committee of creditors for acquaintance and (or) approval;

the documents which are the proofs testimonial of the proper notice of members of the committee of creditors of date and the venue of creditor meeting;

other documents at the discretion of person holding committee meeting of creditors or based on the decision of creditor committee.

Originals of the specified documents are subject to storage by person holding committee meeting of creditors before completion of proceeedings about bankruptcy if other term is not established by this Federal Law, and are represented upon the demand of Arbitration Court or in other cases provided by this Federal Law.

Person holding committee meeting of creditors shall provide access to copies of the specified documents to persons participating in the case of bankruptcy and also the employee representative of the debtor, the representative of founders (participants) of the debtor, the representative of the owner of property of the debtor - the unitary enterprise, to the representative of self-regulatory organization which member is the arbitration manager approved in the case of bankruptcy, to the representative of monitoring body (supervision). Expenses on preparation and the direction of such copies are assigned to person requiring their provision.

Data on the decisions made on committee meetings of creditors are subject to inclusion by the arbitration manager in the Unified Federal Register of Bankruptcy Information within three working days from the date of receipt by it of the minutes of creditor committee.";

7) in Item 1 of Article 20.3:

a) to state the paragraph of the seventh in the following edition:

"request the necessary information about the debtor, about persons who are part of governing bodies of the debtor about the controlling persons, about the property belonging to them (including property rights), about partners and about obligations of the debtor from physical persons, legal entities, state bodies, governing bodies of state non-budgetary funds of the Russian Federation and local government bodies, including the data which are official, trade and bank secret;";

b) the paragraph the tenth after words "state bodies" to add with words ", governing bodies of state non-budgetary funds of the Russian Federation";

8) in Article 20.7:

a) add Item 1 with the paragraph of the following content:

"The expenses provided by this Article do not include expenses on fee of persons involved for ensuring the current activities of the debtor when holding the procedures applied in the case of bankruptcy.";

b) Item 2 after words of "the expenses connected with state registration of the rights of the debtor to real estate and transactions with it" to add with words "expenses in connection with performance of works (services) for the debtor, such rights, necessary for state registration,";

c) in paragraph one of Item 3 of the word of "the activities" shall be replaced with words "execution of the obligations assigned to it in the case of bankruptcy";

d) in item 4 of the word of "the activities" shall be replaced with words "execution of the obligations assigned to it in the case of bankruptcy";

e) in Item 5:

word in paragraph one of "the activities" shall be replaced with words "execution of the obligations assigned to it in the case of bankruptcy";

word in paragraph three of "ensuring activities of the arbitration manager" shall be replaced with words "ensuring execution of the obligations assigned to the arbitration manager";

e) in paragraph one of Item 6 of the word of "the activities" shall be replaced with words "execution of the obligations assigned to it in the case of bankruptcy";

9) in Article 24.1:

a) add with Item 2.1 of the following content:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info