FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 2017 No. 266-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 July 19, 2017

Approved by the Federation Council on July 25, 2017

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. 1, Art. 18, 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, 7024, 7040, 7061, 7068; No. 50, Art. 7351, 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, 6979, 6984; 2014, No. 11, Art. 1095, 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, 11, 29, 35; No. 27, Art. 3945, 3958, 3967, 3977; No. 29, Art. 4350, 4355, 4362; 2016, No. 1, Art. 11, 27, 29; No. 23, Art. 3296; No. 26, Art. 3891; No. 27, Art. 4225, 4237, 4293, 4305; 2017, No. 1, Art. 29; No. 18, Art. 2661; No. 25, Art. 3596) following changes:

The paragraph the thirty fourth Article 2 to declare 1) invalid;

Article 9 to add 2) with Item 3.1 of the following content:

"3.1. If during stipulated in Item 2 these Articles of term the head of the debtor did not appeal to Arbitration Court with the statement of the debtor and the circumstances provided by paragraphs the second, fifth - the eighth Item 1 of this Article, within ten calendar days from the date of the expiration of this term are not eliminated:

the owner of property of the debtor - the unitary enterprise shall make the decision on the appeal to Arbitration Court with the statement of the debtor;

persons having the right to initiate convocation of extraordinary general shareholder meeting (participants) of the debtor or other persons controlling the debtor shall demand holding early meeting of governing body of the debtor authorized on decision making about liquidation of the debtor for decision making about the appeal to Arbitration Court with the statement for recognition of the debtor by the bankrupt which shall be carried out no later than ten calendar days from the date of submission of the requirement about its convocation. The specified body shall make the decision on the appeal to Arbitration Court with the statement of the debtor if for date of its meeting the circumstances provided by paragraphs the second, fifth - the eighth Item 1 of this Article are not eliminated.";

3) Article 10 to recognize invalid;

In paragraph eleven of Item 2 of Article 20.3 of the word "Item 2 of Article 10" shall be replaced with words 4) "Article 61.12";

Article 20.6 to add 5) with Item 3.1 of the following content:

"3.1. When calculating the amount of percent on remuneration of the arbitration manager provided by Items 12, of 13, of the 17th this Article the satisfaction of requirements of creditors made at the expense of the money which arrived as a result of attraction of persons controlling the debtor to subsidiary responsibility is not considered.

The sum of percent on remuneration to the arbitration manager determined from the size of the requirements of creditors met at the expense of the money which arrived as a result of attraction of persons controlling the debtor to subsidiary responsibility is determined and paid according to this Item.

The amount of percent determined according to this Item is subject to deduction and payment from the money which arrived in competitive weight in connection with execution of the court ruling about attraction to subsidiary responsibility in the amount of thirty percent, including renumeration expenses to persons involved by the arbitration manager for rendering the services promoting attraction to subsidiary responsibility and (or) execution of the court ruling about attraction to subsidiary responsibility.

If after submission by the arbitration manager of the statement for attraction to subsidiary responsibility person controlling the debtor or the other person met requirements of the creditor (creditors) or provided to the debtor the money sufficient for satisfaction of requirements of the creditor (creditors) according to the register of requirements of creditors according to the procedure and on conditions which are provided by Articles 71. 1, 85.1, 112. 1, 113, 125, 129.1 presents of the Federal Law or if after use by the creditor of the right provided by the subitem 3 of Item 2 of article 61.17 of this Federal Law, this creditor receives money from execution of the court ruling about attraction to subsidiary responsibility, the arbitration manager has the right to payment of the amount of percent determined according to this Item if proves that such satisfaction of requirements of the creditor (creditors) is caused by submission of the specified statement by the arbitration manager.

The amount of percent determined according to this Item, which is subject to payment to the arbitration manager and persons involved by the arbitration manager for rendering the services promoting attraction to subsidiary responsibility and (or) execution of the court ruling about attraction to subsidiary responsibility in the statement of persons participating in the case of bankruptcy can be lowered by Arbitration Court or can be refused payment if it is proved that attraction to subsidiary responsibility of persons controlling the debtor and (or) execution of the court ruling about attraction to subsidiary responsibility were promoted by actions of the other persons participating in the case of bankruptcy.

The question of establishment of the amount of percent determined according to this Item is considered by rules of this Item along with consideration of the application on intention to meet in full requirements of creditors to the debtor according to the procedure, provided by Articles 71. 1, 85.1, 112.1, 113, 125, 129.1 presents of the Federal Law, or by results of consideration of requirements of the arbitration manager to the creditor who got money from use the driver's license provided by the subitem 3 of Item 2 of article 61.17 of this Federal Law.

In case of submission by the arbitration manager of the statement for establishment of the amount of percent determined according to this Item after completion of bankruptcy proceedings or diversion about bankruptcy this application is considered by the Arbitration Court which was earlier considering case on bankruptcy by the rules of permission of questions of compensation of court costs provided by the Arbitral Procedure Code of the Russian Federation.";

Item 4 of Article 21 to add 6) with the paragraph of the following content:

"By reorganization of the non-profit organization having the status of self-regulatory organization of arbitration managers, the rights provided by this Federal Law and obligations before the third parties pass to self-regulatory organization - the legal successor.";

The paragraph the twelfth item 4 of Article 21.1 to state 7) in the following edition:

"decision making about reorganization or voluntary liquidation of self-regulatory organization, appointment of liquidation commission;";

8) in Article 22:

a) in Item 2:

the fourth to add the paragraph with words ", including by means of conducting check according to the procedure and with frequency which are established by federal standards";

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