FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 304-FZ

About introduction of amendments to the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" and separate legal acts of the Russian Federation

Accepted by the State Duma on June 24, 2016

Approved by the Federation Council on June 29, 2016

Article 1

Bring in the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (The Russian Federation Code, 2005, No. 1, Art. 40; 2006, No. 30, Art. 3287; No. 43, Art. 4412; 2008, No. 30, Art. 3616; 2009, No. 29, Art. 3584; 2010, No. 25, Art. 3070; 2011, No. 49, Art. 7015, 7040; 2012, No. 29, Art. 3998; No. 53, Art. 7619, 7643; 2013, No. 30, Art. 4074, 4082; No. 52, Art. 6979; 2014, No. 26, Art. 3377; No. 30, Art. 4225; 2015, No. 29, Art. 4362; 2016, No. 18, Art. 2515) following changes:

1) in Article 1:

a) regarding 1 word "and origin" shall be replaced with words ", for cost recovery on such construction and origin";

b) add with part 2.3 following of content:

"2.3. Operation of this Federal Law regarding regulation of the relations in case of construction (creation) of apartment houses equally extends to the relations in case of construction (creation) of the apartment houses of the blocked building consisting of three and more blocks in case of attraction for construction (creation) of such houses of money of citizens and legal entities.";

To replace 2) in Item 2 of Article 2 of the word "common property in the apartment house and (or) other real estate object, subjects" with the word "subject", to replace the word "entering" with the word "entering";

3) in Article 3:

a) state part 2 in the following edition:

"2. For construction (creation) of the apartment house based on the agreement of participation in shared-equity construction the builder answering date of the direction of the project declaration according to part 2 of article 19 of this Federal Law in the authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law, to the following requirements has the right to attraction of money of citizens:

1) the authorized (share) capital, authorized capital of the legal entity - the builder (further - the authorized capital of the builder) shall be completely paid and shall constitute at least minimum size specified in part 2.1 of this Article depending on the most admissible amount of total area of all premises and the area of all non-residential premises as a part of all apartment houses and (or) other real estate objects, the construction (creation) of which is performed by the builder with attraction of money of participants of shared-equity construction and which are not put into operation (further - the maximum area of objects of shared-equity construction of the builder). If the authorized capital of the builder does not conform to such requirement, the amount of completely paid authorized capital of the builder, the authorized (share) capital, authorized funds of the guarantor or co-guarantors according to the guarantee agreement concluded according to article 15.3 of this Federal Law with such builder and the authorized (share) capital, authorized capitals of other builders who also concluded with specified by the guarantor or co-guarantors according to article 15.3 of this Federal Law other guarantee agreement (further - the legal entities connected with the builder) shall constitute at least minimum size specified in part 2.1 of this Article depending on the most admissible amount of total area of all premises and the area of all non-residential premises as a part of all apartment houses and (or) other real estate objects, which construction is performed by the builder or legal entities connected with the builder with attraction of financial resources of participants of shared-equity construction and which are not put into operation (further - the maximum area of objects of shared-equity construction of the builder and the legal entities connected with the builder);

2) concerning the builder liquidation procedures of the legal entity - the builder are not carried out;

3) concerning the legal entity - the builder there is no decision of Arbitration Court on introduction of one of the procedures applied in the case of bankruptcy according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

4) concerning the legal entity - the builder there is no decision of Arbitration Court on suspension of its activities as measure of administrative punishment;

5) in the register of unfair suppliers which maintaining is performed according to the Federal Law of July 18, 2011 No. 223-FZ "About purchases of goods, works, services as separate types of legal entities" in the register of unfair suppliers (contractors, contractors) which maintaining is performed according to the Federal Law of April 5, 2013 No. 44-FZ "About contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs", there is no information about the legal entity - the builder (including about person performing functions of sole executive body of the legal entity) regarding execution of the obligations provided by contracts or agreements which subject is performance of works, rendering services in the field of construction, reconstruction and capital repairs of capital construction projects or the organization such constructions by it reconstruction and capital repairs or acquisition at the legal entity of premises;

6) in the register of unfair participants of auction for sale of the parcel of land which is in the state-owned or municipal property or auction on right to contract of lease of the parcel of land which is in the state-owned or municipal property which maintaining is performed according to Items 28 and 29 of Article 39.12 of the Land code of the Russian Federation there is no information about the legal entity - the builder (including about person performing functions of sole executive body of the legal entity);

7) the legal entity - the builder has no shortage on taxes, charges, debt on other obligatory payments in budgets of budget system of the Russian Federation (except for the amounts on which are granted delay, payment by installments, the investment tax credit in accordance with the legislation of the Russian Federation about taxes and fees which are re-structured in accordance with the legislation of the Russian Federation, on which there is judgment which took legal effect about recognition of obligation of the applicant on the payment of these amounts performed or which are acknowledged hopeless to collection in accordance with the legislation of the Russian Federation about taxes and fees) for last calendar year which size exceeds twenty five percent of book value of assets of the builder, according to accounting (financial) records for the last accounting period. The builder is considered conforming to the established requirement if it in accordance with the established procedure submits the application for appeal specified shortages, debts and the decision on such statement for date of the direction of the project declaration in the authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law it is not accepted;

8) person performing functions of sole executive body of the builder, and the chief accountant of the builder or other official to who conducting financial accounting is assigned or person with whom the service provision agreement on conducting financial accounting of the builder is signed has no criminal record for crimes in the field of economy (except for persons at whom such criminal record is extinguished or removed), and also punishments in the form of deprivation of the right to hold certain positions or to be engaged in certain activities in the field of construction, reconstruction of capital construction projects or the organization such constructions, reconstruction and administrative punishment in the form of disqualification were not applied to specified persons.";

b) add with parts 2.1 - 2.6 following of content:

"2.1. Ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 218-FZ

2.2. The builders who are not meeting the requirements specified in part 2 of this Article of date of the direction of the project declaration according to part 2 of article 19 of this Federal Law in the authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law have no right to raise money of citizens - participants of shared-equity construction on construction (creation) of apartment houses.

2.3. The builders who are not meeting the requirements specified in part 2 of this Article after date of the direction of the project declaration according to part 2 of article 19 of this Federal Law in the authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law have no right to raise money of citizens - participants of shared-equity construction on construction (creation) of apartment houses in case:

1) introductions in legal force of the decision or arbitration court ruling on liquidation of the legal entity - the builder or about introduction concerning the legal entity - the builder of one of the procedures applied in the case of bankruptcy according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

2) introductions in legal force of the decision of Arbitration Court on suspension of operations of the builder as measure of the administrative punishment including accepted according to the statement of authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law according to part 15 of article 23 of this Federal Law;

3) decision makings about liquidation of the legal entity - the builder founders (participants) or the body of the legal entity authorized on that by the constituent document.

2.4. Ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 218-FZ

2.5. Ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 218-FZ

2.6. The authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law shall send to the body performing state registration of the rights to real estate and transactions with it the non-availability notice at the builder of the right to raise money of citizens - participants of shared-equity construction on construction (creation) of apartment houses with appendix of the decisions specified in part 2.3 of this Article, in time no more than one working day from the date of receipt of the relevant decision.";

To add 4) with Article 3.1 of the following content:

"Article 3.1. Disclosure of information by the builder

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