FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 26, 2017 No. 212-FZ

About modification of parts the first and second Civil code of the Russian Federation and separate legal acts of the Russian Federation

Accepted by the State Duma on July 14, 2017

Approved by the Federation Council on July 19, 2017

Article 1

Bring in part one of the Civil code of the Russian Federation (The Russian Federation Code, 1994, No. 32, Art. 3301; 2013, No. 51, Art. 6687; 2015, No. 10, Art. 1412) following changes:

Article 358.9 to add 1) with Item 9 of the following content:

"9. The rules about cash write-off provided by regulations of Chapter 45 of this Code on the bank account are not applied to the money which is on the pledged account.";

Item 2 of Article 358.14 to declare 2) invalid;

Article 381.2 to add 3) with the offer of the following content: "If on account of ensuring obligation fulfillment securities are introduced, features of security payment can be established by securities acts.";

Paragraph two of Item 2 of Article 382 to declare 4) invalid;

Article 386 to add 5) with offers of the following content: "The debtor in reasonable time after receipt of the specified notification shall report to the new creditor about emergence of the bases for objections known to it and give it access to them. Otherwise the debtor has no right to refer to such bases.";

Item 4 of Article 388 to add 6) with the paragraph of the following content:

"If the agreement provided prohibition of concession of the right to non-cash execution, the agreement on concession can be nullified in the claim of the debtor only in case it is proved that other agreement party knew or shall know about the specified prohibition.";

Item 1 of Article 390 to add 7) with the paragraph of the following content:

"If other is not provided by the law, the agreement based on which the concession is made can provide that the assignor does not bear responsibility to the cessionary for invalidity of the agreement requirement transferred to it which execution is connected with implementation of business activity by its parties provided that such invalidity is caused by circumstances about which the assignor did not know or could not know or about which he warned the cessionary, including the circumstances relating to additional requirements including requirements for the rights providing obligation fulfillment and to the rights to percent.";

8) in Article 448:

a) state Item 7 in the following edition:

"7. If according to the law the conclusion of the agreement is possible only by tendering, the winning bidder has no right to yield the rights (except for requirements for monetary commitment) and to make transfer of debt according to the obligations which arose from the agreement signed at the biddings. Obligations under such agreement shall be fulfilled by the winning bidder personally if other is not established by the law.";

b) state Item 8 in the following edition:

"8. The term of the contract concluded by results of the biddings in cases when its conclusion according to the law is allowed only by tendering can be changed by the parties:

1) on the bases, the established law;

2) in connection with change of the size of interest for using loan in case of change of key interest rate of the Bank of Russia (in proportion to such change) if at the biddings the loan agreement (credit) was signed;

3) on other bases if change of the agreement does not affect its conditions which had essential value for determination of the price at the biddings.".

Article 2

Bring in part the second the Civil code of the Russian Federation (The Russian Federation Code, 1996, No. 5, Art. 410; No. 34, Art. 4025; 1997, No. 43, Art. 4903; 1999, No. 51, Art. 6288; 2002, No. 48, Art. 4737; 2003, No. 2, Art. 160, 167; No. 13, Art. 1179; No. 46, Art. 4434; No. 52, Art. 5034; 2005, No. 1, Art. 15, 45; No. 13, Art. 1080; No. 19, Art. 1752; No. 30, Art. 3100; 2006, No. 6, Art. 636; No. 52, Art. 5497; 2007, No. 1, Art. 39; No. 5, Art. 558; No. 17, Art. 1929; No. 27, Art. 3213; No. 31, Art. 3993, 4015; No. 41, Art. 4845; No. 44, Art. 5282; No. 45, Art. 5428; No. 49, Art. 6048; No. 50, Art. 6247; 2008, No. 17, Art. 1756; No. 29, Art. 3418; No. 52, Art. 6235; 2009, No. 1, Art. 16; No. 15, Art. 1778; No. 29, Art. 3582; 2010, No. 19, Art. 2291; 2011, No. 7, Art. 901; No. 30, Art. 4564, 4596; No. 43, Art. 5972; No. 48, Art. 6730; No. 49, Art. 7014, 7015, 7041; 2012, No. 25, Art. 3268; 2013, No. 26, Art. 3207; No. 27, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6346; No. 51, Art. 6683, 6699; No. 52, Art. 6981; 2014, No. 11, Art. 1100; No. 30, Art. 4218, 4223, 4225; No. 43, Art. 5799; No. 52, Art. 7543; 2015, No. 1, Art. 13, 65; No. 14, Art. 2022; No. 27, Art. 3976, 4001; 2016, No. 22, Art. 3094; 2017, No. 14, Art. 1998) following changes:

Article 807 to state 1) in the following edition:

"Article 807. Loan agreement

1. According to the loan agreement one party (lessor) transfers or shall transfer to the possession to other party (borrower) the money, things determined by patrimonial signs or securities, and the borrower shall return to the lessor the same amount of money (loan amount) or equal quantity of the things of the same sort and quality or the same securities received by it.

If lessor in the loan agreement is the citizen, the agreement is considered to the borrower or person specified to them imprisoned after the date of transmission of loan amount or other subject of the agreement of loan.

2. The foreign currency and currency values can be the subject of the agreement of loan in the territory of the Russian Federation with observance of rules of Articles 140, of the 141 and 317 of this Code.

3. If the lessor owing to the loan agreement undertook to grant loan, he has the right to refuse agreement performance fully or partially in the presence of the circumstances obviously testimonial of the fact that the granted loan will not be returned in time.

The borrower according to the loan agreement owing to which the lessor undertook to grant loan had the right to refuse receipt of loan fully or partially, having notified on it the lessor to the term of transfer of subject of loan established by the agreement and if such term is not established, until receipt of loan at any time if other is not provided by the law, other legal acts or the loan agreement according to which borrower is person performing business activity.

4. The loan agreement can be signed by placement of bonds. If the loan agreement is signed by placement of bonds, in the bond or in the document affirming the rights on the bond the right of her holder to obtaining in the time provided by it from the face who issued the bond, nominal value of the bond or other property equivalent is specified.

5. The loan amount or other subject of the agreement of loan transferred to the third party specified by the borrower are considered transferred to the borrower.

6. The borrower - the legal entity has the right to raise money of citizens in the form of loan under percent by the public offer or by the offer to do the offer, sent to the uncertain group of people if by the law such legal entity is granted the right to attraction of money of citizens. The rule of this Item is not applied to bond issue.

7. Features of provision of loan under percent to the borrower citizen for the purpose of, not connected with business activity, are established by the laws.";

2) in Item 1 of Article 808 of the word "ten times the minimum wage which was at least established by the law" shall be replaced with words "ten thousand rubles";

Article 809 to state 3) in the following edition:

"Article 809. Percent on the loan agreement

1. If other is not provided by the law or the loan agreement, the lessor has the right from the borrower of interest for using loan in sizes and according to the procedure, defined by the agreement. In case of absence in the agreement of condition on the size of interest for using loan their size is determined by the key interest rate of the Bank of Russia operating during the corresponding periods.

2. The size of interest for using loan can be established in the agreement using rate as a percentage annual in the form of fixed value, using rate as a percentage annual which size can change depending on the conditions provided by the agreement, including depending on change of variable, or other way allowing to determine the proper size of percent at the time of their payment.

3. In the absence of other agreement interest for using loan are paid monthly about day of loan repayment inclusive.

4. The loan agreement is supposed interest-free if in it other is directly not provided, in cases when:

the agreement is signed between citizens, including individual entrepreneurs, on the amount which is not exceeding hundred thousand rubles;

under the agreement not money, but other things determined by patrimonial signs are transferred the borrower.

5. The size of interest for using loan according to the loan agreement signed between citizens or between the legal entity who is not performing professional activity on provision of consumer loans, and the borrower citizen, in two and more times exceeding the percent which are usually levied in similar cases and therefore being excessively burdensome for the debtor (usurious percent), can be reduced by court to the size of percent, usually collectable under comparable circumstances.

6. In case of return ahead of schedule of the loan granted under percent according to Item 2 of article 810 of this Code, the lessor has the right from the borrower of the percent on the loan agreement added inclusive about day of return of loan amount completely or its parts.";

4) in Article 810:

a) in Item 2:

the paragraph one to add with the words "fully or partially";

third to add the paragraph with words ", including consent expressed in the loan agreement";

b) state Item 3 in the following edition:

"3. If other is not provided by the law or the loan agreement, the loan is considered returned in date of transmission to his lessor, including at the time of receipt of the corresponding cash amount in bank in which the bank account of the lessor is opened.";

In "receivable percent" shall be replaced with words 5) in Item 2 of Article 811 of the word "the interest for using loan which is due at the time of its return";

Article 812 to state 6) in the following edition:

"Article 812. Contest of loan on lack of money

1. The borrower has the right to prove that the subject of the agreement of loan actually did not go into its disposal or arrived not completely (contest of loan on lack of money).

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