Military mortgage by year. Changes in the legal framework for military mortgages Mortgages for military personnel what has changed
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04.06.19 32 084 10
And how can a serviceman buy an apartment at the expense of the state?
In Russia, there is a state program for subsidizing mortgages for the military.
Svetlana Fateeva
works with experts on preferential programs
While a citizen is serving, the state pays the loan for him. This is the main difference between military and civil mortgages.
But everything is too complicated - you need to understand the requirements for participants and study the subtleties. I work with experts in state programs for the purchase of housing and I know how everything works. I’ll tell you what this program is and how a military man can take part in it.
What is military mortgage
To increase the prestige of military service, the state helps the military to purchase their own homes. It seems to say: "Serve me long and honestly, and I will help you with housing." The military man chooses an apartment himself, and the state issues a mortgage and pays for it while the military man serves. If he fulfills all the conditions of the program, the apartment remains in his ownership. If not, for example, he decides to leave the service early, he will have to return all the budget money and repay the loan on his own. And this is the main disadvantage of this program.
In the Russian armed forces, they serve by conscription or by contract. Preferential program applies only to those who have entered into a contract. It does not depend on marital status, children or the availability of other real estate. Even if a person already has an apartment, but he serves under a contract, he is entitled to a military mortgage.
![](https://i1.wp.com/img-cdn.tinkoffjournal.ru/minicover-war.yegxcibmfsa6.png)
The state does not restrict the military at the place of home purchase: if he serves in Chukotka, and wants to buy an apartment in Moscow, this is possible.
Anyone who participates in a special program of the accumulative mortgage system can buy an apartment under the military mortgage program.
What kind of savings and mortgage system
A targeted housing loan consists of a funded and investment part. For the funded part, the state transfers contributions from federal budget to the personal account of each participant in the savings and mortgage system. The amount of the annual contribution is indexed for inflation at the beginning of the year. The state transfers the investment part of the savings to trust management state company. She invests them in licensed assets: government securities, shares of Russian issuers, mortgage-backed securities. Contributions are credited to the account on a monthly basis and investment income is credited every quarter.
At first, this money is only accumulating. After three years, they can be used for down payment on mortgages and loan servicing, but they will still belong to the state. When a soldier has served at least 20 years or quit after 10 years of service on good grounds, for example, if his unit is disbanded, they will become his property. If he quits earlier, the money will have to be returned.
The state instructed Rosvoenipoteke to execute this program. This is a special unit of the Ministry of Defense that accompanies the program with information and controls it.
![](https://i1.wp.com/img-cdn.tinkoffjournal.ru/image1_v-ipoteka.vnl3wj7rz716.png)
How to get into the register of the savings and mortgage system
To get a loan, you need to become a member of the savings and mortgage system and have grounds for inclusion. To do this, you must fulfill three conditions: serve in the armed forces under a contract, be a citizen of the Russian Federation and get into a special register of program participants.
Who can participate in the program. Not everyone can participate, but only categories of military personnel defined by law, for example:
- officers and graduates of military universities and colleges who have signed a contract;
- warrant officers and warrant officers who served under a contract for three years;
- sergeants, foremen, soldiers, sailors who signed the second contract;
- military personnel from the reserve who have entered into a second contract;
- employees of the Russian Guard, SOBR, OMON, private security - they are equated to the military.
What grounds are needed. Even if a soldier belongs to the required category, he will be included in the register of participants only when there are grounds for this. Their list is specified in the law. For example, if you graduated from a military university, entered into a contract and received the first military rank of an officer, or served under a contract as a midshipman for more than three years.
After that, the Department of Housing of the Ministry of Defense of the Russian Federation enters the military in the register. And Rosvoenipoteka issues a notification, where its registration number is indicated, and opens a personal savings account to this number. Using the number on the Rosvoenipoteka website, it is easy to check the amount on a personal account, which has accumulated by this time due to contributions and investments. The account number is entered into the personal file of the military man.
The program began to work only in 2005, and those who have foundations are automatically connected to it. But many military foundations arose before the program even appeared, for example, if a person has been serving for 30 years. Such military personnel can submit a report to the commander of the military unit in order to participate in the program voluntarily.
To submit documents for inclusion in the register, you will need:
- Personal card of the participant of the accumulative mortgage system.
- A copy of the report for the servicemen who submitted the report.
- A copy of the serviceman's passport.
- A copy of the military service contract.
![](https://i1.wp.com/img-cdn.tinkoffjournal.ru/image2_v-ipoteka.6l1csqfx3k0p.png)
![](https://i0.wp.com/img-cdn.tinkoffjournal.ru/image3_v-ipoteka.jbpxoexczw1m.png)
Certificate of entitlement to a targeted housing loan
Three years later, from the moment the military man got into the accumulative mortgage system, he can receive a targeted housing loan. To do this, he submits a report to the commander of the military unit and within three months receives a certificate. With a certificate, he can go to the bank and get a mortgage to buy a home. If he already has a loan for housing, he can repay it with the money accumulated on the account.
The certificate is valid for a limited period of 6 months. If during this time the military man does not have time to buy housing or use the money from the savings account, the certificate will have to be received again.
The amount that has accumulated during this time can be found in the personal account of the participant in the savings and mortgage system.
How does the purchase of a home take place?
To buy a home, a military man can use a targeted housing loan, maternal capital and personal savings. Sometimes even just a loan is enough, for example, if a military man decided to use his savings at the end of his service life and added his savings. If you don't have enough funds, you can take out a loan. Nobody limits the cost of military housing. If he is willing to pay monthly large amount for the sake of an apartment in the center of Moscow, he can buy it.
The bank issues a loan to the military for such a period that he can repay it until the end of his service. Many banks consider 45 years as the age limit for service and issue loans for the period remaining until the military man turns 45 years old. This condition and the bank's interest rate are taken into account when calculating the loan amount.
Bank rates under the military mortgage program for June 2019:
Opening - 9.2%,
Rosselkhozbank - 9.5%,
Dom-rf - 10.3%
For example, a soldier takes out a military mortgage at 9.5% per annum for 20 years. The monthly payment in 2019 is 23,334 rubles. With such payments, the maximum loan amount will be RUR 2,502,000.
How to get a military mortgage
To apply for a loan, you will need a passport of a citizen of the Russian Federation and a certificate of the right to receive a targeted housing loan. This is how it looks in steps:
- The military man chooses a bank and suitable housing. It could be an apartment in a new building, secondary housing, private house or a townhouse.
- Concludes preliminary agreement buying and selling with a seller or equity participation with the developer.
- Signs a loan agreement with the bank. An account is opened for him in the bank.
- He enters into a targeted housing loan agreement with Rosvoenipoteka, after which money is transferred from the savings account to the bank account. This amount is for the down payment.
- Registers ownership rights with double encumbrances in favor of the state and the bank. Provides the bank with a certificate of ownership and an extract from the USRN. Provides property insurance.
- The bank transfers money to the seller of the apartment: target housing loan and the amount mortgage loan.
- The military provides a certificate of ownership and an extract from the USRN to Rosvoenipoteka. Rosvoenipoteka transfers monthly payments automatically to the account of the bank that issued the loan and pays for the service. This is due to the money that continues to flow to the savings account of a participant in the savings and mortgage system. The military mortgage is calculated so that the contributions cover monthly payments and the military does not accumulate debt.
Additional costs for obtaining a mortgage loan are paid by the soldier:
- Property insurance - 0.3–0.5% of the loan amount.
- Estimated from 3000 RUR
- State duty: 2000 R - registration of property rights, 1000 R - registration of the purchase and sale agreement, 300 R - extract from the USRN.
![](https://i1.wp.com/img-cdn.tinkoffjournal.ru/minicover_credit-repayment.cdx1wfmg4hqg.png)
If the military man quit
He is excluded from the savings and mortgage system. If by this time he has already received the right to use his savings, he will not have to return the money to the federal budget. If you took a loan and has not paid it yet, the rest will be paid off at your own expense.
It also matters how the soldier quit. According to the law, he gets the right to use the savings if he quit on good grounds. If he quit without good reason, he must return all the money spent on him.
For good reasons. These include service for more than twenty years or at least ten years, provided that the military:
- has reached the age limit for military service;
- the military medical commission recognized him as partially fit for service;
- dismissed due to organizational and staff activities;
- dismissed for family reasons, for example, if the second spouse is also a military man and is transferred to another place.
Also, the recognition by the military medical commission of the military as unfit for service is considered a good reason.
If a soldier is killed, died, or is recognized as missing, he is excluded from the program. The family can undertake mortgage obligations and continue to repay the loan through accruals to its savings account.
In case of early dismissal on good grounds, the participant's savings account is closed, but the right to receive additional cash savings remains. They can be used to pay off military mortgages or for other needs.
To calculate the amount of additional savings, the monthly base payment of the current year and the number of months and days that remained to serve until the length of service of 20 years are taken into account. The amount is transferred as a lump sum within three months after the submission of the application. It is used to pay off debt on a targeted housing loan and mortgage or to the details specified by the military.
For example, a soldier leaves for health reasons in November 2018. The duration of his service at the time of dismissal is 10 years 3 months. This means that until the age of 20, he did not serve 9 years and 9 months. Monthly payment in 2018 - 22,372 rubles, that is, the amount of additional savings for the remaining period will be 2,617,524 rubles.
If he leaves on good grounds, but the right to use has not yet arrived, the debt must be repaid within ten years. In this case, no interest is charged. He will repay the debt every month. The payment will be calculated as follows:
Monthly payment = the amount owed on the target housing loan / 120 months
Without good reason. If a military man resigns, but has not yet received the right to use the savings, he becomes a debtor to the state. Now he is obliged to return all the money under the targeted housing loan agreement: the down payment and all monthly transfers to pay off the mortgage.
If a serviceman is dismissed on the grounds from clause 76 of the order of repayment of the TsZHZ, for example, stripped of his military rank or ceased to be a citizen of the Russian Federation, then interest is charged on the debt at the rate of the Central Bank of the Russian Federation on the date of exclusion from the accumulative mortgage system. The debt must be repaid within 10 years from the date of dismissal.
When re-recovering. According to the law, servicemen who quit at the end of their contract after March 18, 2017 and again entered military service do not lose money in the savings account for the previous period of participation in the savings and mortgage system.
If a military man bought a house using a targeted housing loan and mortgage, quit at the end of the contract, and then entered into a new contract and reinstated in military service, he ceases to be a debtor. In this case, he must independently repay only the loan payments for the period between contracts.
How to remove the encumbrance
An apartment bought using a targeted housing loan and a mortgage loan is the property of the military, but is pledged by the bank and the state. That is, in order to freely dispose of property, you need to remove two encumbrances.
Encumbrance in favor of the state withdrawn in two cases: if the soldier has the right to use the savings, or if he quit without good reason and returned the debt. After that, within 30 days, Rosvoenipoteka sends to Rosreestr an application for the removal of the encumbrance in favor of the state.
![](https://i1.wp.com/img-cdn.tinkoffjournal.ru/ya_medlenno_snimau_obremenenie_minicover.9x3bnrumgmu4.png)
As soon as the application is received by Rosreestr, within 3 working days it removes the encumbrance in favor of the state and confirms this with a document.
![](https://i0.wp.com/img-cdn.tinkoffjournal.ru/image5_v-ipoteka.edgkezp9hcxd.png)
The military, excluded from the register of the accumulative mortgage system before January 1, 2016, and those who have returned the funds of the targeted housing loan and continue to serve, must apply for the removal of encumbrances from the apartment at Rosvoenipoteka.
After that, within 30 working days, Rosvoenipoteka sends an application to Rosreestr to repay the mortgage in favor of the state. And after confirmation from Rosreestr, it sends a notification to the participant of the accumulative mortgage system.
Military mortgage refinancing
Military mortgages can be refinanced - transferred to another bank with less interest rate on a loan. The account will continue to accumulate an amount that you can use at your own discretion after the right to use the savings arises.
You can refinance not in any bank, but only in those in which the state allowed.
When refinancing a military mortgage, Rosvoenipoteka closes the obligations on the old loan and cannot pay the new lender in the same month. Therefore, the military man himself pays for the first time to the new bank. Usually this amount is not higher than what the state pays monthly for a military man on a mortgage. Also on the shoulders of the military will fall the costs of property insurance and state duty.
Military mortgage tax deduction
By military mortgage can also be obtained tax deduction, but on one condition: if the borrower used to buy a home own funds... It will not be possible to issue a tax deduction for budget money.
A military mortgage was issued for the purchase of an apartment for 3,600,000 rubles. The initial contribution from the savings of a participant in the accumulation and mortgage system - 865 468 R, his own funds - 292 532 R. Another soldier received a bank loan for 2,442,000 rubles. That is, a tax deduction can be issued only from 292,532 rubles. 13% of this amount - RUR 38,029.
If the husband and wife are military personnel
If both spouses are participants in the savings and mortgage system, each of them has the right to conclude a targeted housing loan agreement with Rosvoenipoteka and buy housing in common ownership.
If housing is bought with a mortgage, a loan agreement is drawn up for the spouses, where one of the spouses is listed as the main borrower. In this case, Rosvoenipoteka transfers funds from targeted housing loans to its bank account.
Division of an apartment in case of divorce
Property acquired in marriage is considered jointly acquired and is subject to division upon divorce. An exception is property that was purchased with money that has a special special purpose... According to the law, an apartment on a military mortgage is not a jointly acquired property, since the funds of a targeted housing loan were used when buying it. The part of the apartment that was bought with these funds is not subject to division.
If there is one soldier in the family, ex-spouses will split in half only personal investments that were used when buying a home. If there is a marriage contract or documentary evidence of the size of the participation of one of the spouses, personal investments can be divided in other proportions.
But in jurisprudence there have been cases when the court divides the apartment in equal shares. Here's how this issue is solved:
- the apartment is divided into equal shares, and the former spouses draw up a separate loan for each share;
- the apartment remains in the ownership of the military, but he pays monetary compensation to his wife for her share;
- the bank puts the apartment up for sale. The former spouses use the proceeds to repay the loan and divide the remainder among themselves.
Remember
- You can get a loan after three years of participation in the accumulative mortgage system.
- The certificate of the participant of the accumulative mortgage system is valid for six months. If during this time you do not buy housing, you will have to issue the certificate again.
- For the purchase of an apartment, you can use a targeted housing loan, a mortgage loan, maternity capital and your own funds.
- If a serviceman resigns before the right to use the savings comes, he is obliged to return the amount to the state under the target housing loan agreement.
- Two encumbrances are imposed on the apartment at once: in favor of the state and the bank.
- Military mortgages can also be refinanced.
Military mortgage terms of provision in 2016
To provide housing for military personnel in 2016, a special mortgage package is provided for young officers, graduates of military logistic institutions, as well as those who have signed a contract for military service after 2005. One of the advantages of this operation is the ability to buy a house in any area, regardless of the forced location.
As of today, the amount of the accumulative contribution for one NIS participant is 245 880 rubles, just like last year.
We can help you quickly and profitably acquire a property military mortgage, purchase conditions are quite simple, but they have a number of their own specific features and nuances.
On the website of our company "Military mortgage in St. Petersburg" you can find the most relevant and respectable proposals on the territory of the Leningrad land. Submitted for implementation living space located both in the central and in the suburban part of the city. Pricing frames are formed from:
- - Squares of premises;
- - The number of rooms;
- - The presence of finishing and cosmetic repairs;
- - Location of the apartment.
What are the pros?
The main and indisputable advantage of this method of lending is the absence of payments on the part of the owner. Everything is paid in full from the fund of the Russian Ministry of Defense. The limit is RUB 2,200,000. If you wish, you can take a much more expensive housing, but you will have to pay the amount above the indicated one yourself.
Who can use the system?
All those liable for military service who graduated from any military educational school or academy, as well as conscripts who issued a contract after the end of 2005, namely:
- - Persons who came from the reserve, or independently and voluntarily decided to start serving in the army;
- - Warrant officers, as well as warrant officers who officially entered into a contract for at least three years;
- - Employees who received officer shoulder straps only after 2008;
- - Citizens working in the Ministry of Internal Affairs after dismissal.
The main and paramount the condition for the provision of a military mortgage in 2016 year is the uninterrupted functioning in the bodies of the armed forces of the state until the full closure of the loan.
To receive confirmation in the form of a fixed proof of participation in the NIS, you must serve at least 3 years. After that, you should contact the higher management and fill out an application for participation. Military mortgage, terms of granting legislation of the Russian Federation provides for the receipt of funds only after collecting all the relevant certificates below. Only after that you can safely contact the bank.
What should be prepared in advance?
- - Originals and certified copies identifying the applicant;
- - The presence of a marriage certificate and the birth of children;
- - Diploma of education;
- - TIN number;
- - SNILS;
- - Extracts from work book per Lately;
- - Military ID.
The size of the military mortgage loan is determined individually for each client. This takes into account the age of the borrower, the duration of his participation in the NIS system. The younger the soldier, the more the creditors will offer him.
Military mortgage in 2016: the amount of contributions to the NIS participants *
The savings on the personal account are accumulated in two parts.1. Annual government contribution(source - federal budget).
In 2005, the size of the annual military mortgage subsidy was 37,000 rubles. Gradually this indicator increased (indexed), and in 2012 crossed the line of 200 thousand rubles. In recent years, the amount of state funding was:
- in 2012 - 205.2 thousand rubles;
- in 2013 - 222.0 thousand rubles;
- in 2014 - 233.1 thousand rubles;
- in 2015 - 245.88 thousand rubles.
The government decided not to index the annual payment on military mortgages in 2016. The amount will remain at the level of the previous year (245,880 rubles).
2. Dwithdrawal from investments.
The state allows military personnel to invest their savings in highly reliable assets (valuable government papers, bonds). Rosvoenipoteka is engaged in the selection of suitable organizations - it is holding a competition to select worthy companies.
Military mortgage in 2016: amount and calculation calculator
With the help of a special military mortgage calculator, clients have access to information on the amount of savings in their personal account. To do this, you must enter data on when the soldier became a member of the NIS. The screen will display only information about the amount of contributions, excluding indexation.
More accurate data on the state of a personal account (taking into account indexation) are available to participants on the Rosvoenipoteka website. A soldier needs to register and go to " Personal Area"User. There is a form for submitting an account balance request.
What is the maximum amount of a military mortgage available in 2016 *
The maximum available amount for obtaining a loan depends on the age of the client. Banks take into account the projected amount of annual payments from the state, on the basis of which they determine the amount of the mortgage. In any case, servicemen are offered no more than 2.4 million rubles (for some individual programs in specific housing estates - up to 3 million rubles).
In connection with the cancellation of the indexation of contributions for the next year, many banks are insured and reduce maximum size loans up to 1.7-1.9 million rubles. In the initial calculation, financial institutions took into account indexation, so its further abolition (in 2017, 2018) may lead to an even greater tightening mortgage conditions for military personnel.
As of November 2015, the following are offered to issue a "Military Mortgage".
Every soldier and participating in the savings and mortgage system can receive a subsidy to buy an apartment or house. These benefits are funded from the federal budget and are controlled by the RF Ministry of Defense. The program is open-ended and is designed so that all employees of the paramilitary structures can buy a living space.
A serviceman who enters the program, having accumulated the money necessary to buy an apartment, has the right to register residential property in a mortgage and repay the loan with the help of annual compensations.
You can buy an apartment in any region of the Russian Federation.
Such companies as AHML, Molodostroy, as well as commercial banks are engaged in obtaining mortgages for military personnel.
The essence of the program
The state credits in the name of the military every year a certain amount of money that goes to buy an apartment. A soldier has the right to purchase living space, regardless of what his income is. The borrower pays the initial installment and monthly loan payments using the funds of the NIS. According to the law, the maximum possible loan amount may be 2,400,000 rubles. It is calculated based on the current inflation rate.
Types of housing covered by a military mortgage in 2016
- Housing under construction or finished.
- Land plot with a house.
- All communications must be connected.
- Housing doesn't have to be emergency.
- The dwelling must have a foundation.
- The housing should have whole doors, windows, plumbing.
- If there are redevelopments in the housing, then they must be legalized.
- The buyer and seller must not be related.
- When purchasing housing in a new building or from a developer, if the borrower wishes to arrange a house, then the site on which the house is located, he acquires for personal funds, but on preferential terms.
Conditions under which you can get a military mortgage in 2016
- The mortgage must be repaid before the borrower's age is 45 years.
- The loan term should not be more than that specified in the certificate of eligibility for a targeted housing loan
- The maximum loan amount is 2,400,000 rubles.
- The minimum loan amount is 300,000 rubles.
- If the property has already been purchased for another state program, then the borrower cannot use this mortgage.
- When applying for a loan, insurance of the acquired living space and the life of the borrower is required.
The funds of a mortgage loan for a military mortgage in 2016 are divided into 2 parts: the first is immediately transferred as a deposit to the bank, the second goes to the bank 3 months after the loan is issued.
Accumulation and mortgage system (NIS)
In order to solve the problem of providing the military with residential property in 2004, the Federal Law of August 20, 2004 No. 117-FZ "On the accumulative mortgage system of housing for the military" was adopted. According to this law, a program called NIS was created, which allowed subsidizing the purchase of residential property in times of crisis.
The task of the system is to help a soldier to buy housing on credit, or to save up for it during his service. The conditions of the program are drawn up in such a way that a serviceman who has applied for participation in the program must save up for living space by the end of his service.
A soldier has the right to apply for an apartment, regardless of whether he has residential property or it is absent. Participation in the program must be voluntary. Any serviceman has the right to become a participant, but there are also such servicemen in the troops who are automatically included in the program:
- Officers who signed their first contracts after January 1, 2005.
- Warrant officers and warrant officers who have been serving since January 1, 2005 and the term of service contract is at least 3 years.
The following employees are eligible to volunteer for the program:
- Servicemen who graduated from specialized educational institutions and entered the service for the first time before January 1, 2005.
- Soldiers who graduated from training and received the rank from January 1, 2005 to January 1, 2008.
The period for the implementation of the program is not limited, however, if the employee is dismissed before the due date for the mortgage payment, then he loses all benefits.
To formalize the receipt of residential property according to the NIS system, you must adhere to the following points:
- Submit the appropriate report on joining the NIS (usually submitted at the headquarters of the military unit).
- Three years later, get an act of eligibility for a targeted housing loan.
- Decide what kind of living space to buy and in which bank to get a mortgage.
- Execute an agreement on a targeted housing loan with the bank and the Ministry of Defense.
- Sign a loan agreement with a bank and draw up a document on the purchase and sale of residential property.
- Pick up a document on the right to housing.
It is very important to carry out the procedure strictly in accordance with the points, because failure to comply with one point may entail failure to comply with all the others. It is extremely important to comply with all legal regulations and prepare all the necessary documents in advance.
Documents that must be provided to obtain a military mortgage in 2016
To obtain a mortgage loan, you must provide the following documents:
- Application in the form of a questionnaire.
- A copy of the NIS certificate.
- Copies of all pages of the passport.
- Marriage certificate and spouse's consent to purchase an apartment.
- Additional documents may be required.
Military mortgage in 2016 in commercial banks
Name of the bank | Loan percentage | First installment,% | Maximum loan amount, rubles | The maximum age of the borrower, years | Insurance | Site |
---|---|---|---|---|---|---|
VTB 24 | 12,5 | not less than 20% | 1 930 000 | 41 | Necessarily | Military mortgage from VTB 24 |
Sberbank | 12,5 | not less than 20% | 2 300 000 | 45 | Necessarily | Military mortgage from Sberbank |
Rosselkhozbank | 10,9 | not less than 20% | 2 300 000 | 45 | Necessarily | Military mortgage from Rosselkhozbank |
Gazprombank | 12,5 | not less than 20% | 1 900 000 | 45 | Necessarily | Military mortgage from Gazprombank |
This is an incomplete list of banks working with military mortgages in 2016. In order to find out if your bank is working with a military mortgage, you need to go to its website and in the "Mortgage loans" section, find the item "Military mortgage". If it is absent, then the bank does not work with this program.
Conditions may change, so it is better to look at the banks' websites for accurate information.
Law
Federal Law of August 20, 2004 No. 117-FZ "On the accumulative mortgage system of housing provision for the military"
THE RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT THE SAVING AND MORTGAGE SYSTEM OF HOUSING
PROVIDING MILITARY SERVICES
The State Duma
Federation Council
List of changing documents
(as amended by Federal Laws of 02.02.2006 N 19-FZ,
from 04.12.2007 N 324-FZ, from 23.07.2008 N 160-FZ,
from 25.11.2009 N 281-FZ, from 28.06.2011 N 168-FZ,
from 21.11.2011 N 327-FZ, from 25.06.2012 N 90-FZ,
from 02.07.2013 N 185-FZ, from 23.07.2013 N 251-FZ,
dated 28.12.2013 N 396-FZ, dated 29.06.2015 N 210-FZ,
as amended by Federal Laws dated 04.06.2014 N 145-FZ,
dated 06.04.2015 N 68-FZ (revised on 14.12.2015))
This Federal Law establishes the legal, organizational, economic and social foundations of the savings and mortgage system of housing provision for military personnel.
Chapter 1. GENERAL PROVISIONS
Article 1. Subject legal regulation and the purpose of this Federal Law
This Federal Law regulates relations associated with the formation, peculiarities of investment and the use of funds intended for housing provision of military personnel, as well as for other purposes in cases provided for by this Federal Law.
Article 2. Legislation Russian Federation on housing for military personnel
The legislation of the Russian Federation on housing for military personnel is based on the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation and consists of this Federal Law, other federal laws, as well as other regulatory legal acts of the Russian Federation issued in accordance with them. The regulation of relations in this area is also carried out by normative acts The central bank Russian Federation.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) the accumulative mortgage system of housing provision for military personnel (hereinafter referred to as the accumulative mortgage system) - a set of legal, economic and organizational relations aimed at realizing the rights of military personnel to housing;
2) participants in the accumulation and mortgage system (hereinafter also referred to as participants) - military personnel - citizens of the Russian Federation who undergo military service under a contract and are included in the register of participants;
3) register of participants - a list of participants in the accumulation and mortgage system, formed by the federal executive body, in which federal law provides military service, in the manner established by the Government of the Russian Federation;
4) accumulative contribution - funds allocated from the federal budget and recorded on the participant's personal accumulation account;
5) an authorized federal body - a federal executive body that ensures the functioning of the accumulation and mortgage system in accordance with this Federal Law;
6) savings for housing - a set of funds, including:
a) accumulative contributions received by the authorized federal body and not transferred to trust management by management companies;
b) funds transferred into trust management by the authorized federal body in accordance with this Federal Law, including income from the investment of these funds;
c) funds received by the authorized federal body from management companies or on other grounds provided for by this Federal Law, but not aimed at the targeted use of savings for housing provision by participants;
7) participant's personal savings account - form analytical accounting, which includes a set of information about the accumulative contributions coming from the federal budget, about the income from the investment of these funds, about the debt and the obligations of the participant in the accumulation and mortgage system secured by pledge to the authorized federal body, as well as information about the participant;
8) targeted housing loan - funds provided to a participant in the accumulation and mortgage system on a returnable and gratuitous or repayable paid basis in accordance with this Federal Law;
(Clause 8 as amended by Federal Law of 28.06.2011 N 168-FZ)
9) estimated total contribution - savings contributions coming from the federal budget and accounted for in the participant's personal savings account for the period of military service of a participant in the savings and mortgage system until the age limit for his stay in military service established by federal law, corresponding to the assigned military rank (excluding income from investment);
10) index investment fund - an investment fund, the funds of which are invested in securities in accordance with the declared investment index;
11) investment portfolio - assets (cash and securities) formed at the expense of funds transferred by the authorized federal body to trust management on the basis of one trust management agreement;
12) aggregate investment portfolio - a set of assets (cash and securities) held in trust by all management companies in accordance with this Federal Law;
13) investment mandate - a list of types of assets that management companies can include in an investment declaration management company when submitting documents for participation in the competition for the conclusion of trust management agreements;
14) investment income - dividends and interest (income) on securities and bank deposits, other types of income from operations on investment of savings for housing, net financial result from the sale of assets, financial result reflecting the change market value investment portfolio.
Chapter 2. ORGANIZATION OF THE ACCUMULATION AND MORTGAGE SYSTEM
Article 4. Realization of the right to housing by participants in the accumulation and mortgage system
1. The implementation of the right to housing by participants in the savings and mortgage system is carried out through:
1) the formation of savings for housing on registered savings accounts of participants and the subsequent use of these savings;
(as amended by Federal Law of 28.06.2011 N 168-FZ)
2) provision of a targeted housing loan;
3) payments, by decision of the federal executive body, in which the federal law provides for military service, at the expense of the federal budget allocated to the relevant federal executive body, in the amount and in the manner established by the Government of the Russian Federation, of funds supplementing savings for housing collateral accounted for in the participant's personal savings account up to the estimated amount of money that a participant in the savings and mortgage system could accumulate in the period from the date of provision of such funds to the date when the total duration of his military service in calendar terms (hereinafter - the total duration of military service ) could be twenty years (excluding investment income).
2. Payment of funds specified in clause 3 of part 1 of this article, is made by servicemen who participated in the accumulative mortgage system, or to members of their families who are not tenants of residential premises under contracts social recruitment or by family members of a tenant of a residential premises under a social tenancy agreement or by owners of residential premises or family members of an owner of a residential premises, with the exception of residential premises acquired using targeted housing loans in accordance with this Federal Law:
(as amended by Federal Law of 04.12.2007 N 324-FZ)
1) to participants in the accumulation and mortgage system specified in paragraph 2 of Article 10 of this Federal Law, with a total duration of military service from ten to twenty years;
2) family members of participants in the savings and mortgage system in the cases provided for by Part 1 of Article 12 of this Federal Law;
3) to participants in the accumulation and mortgage system specified in paragraph 4 of Article 10 of this Federal Law.
(Clause 3 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
3. Payments of the funds specified in clause 3 of part 1 of this article are made by federal executive bodies, in which military service is provided for by federal law, within three months from the date of receipt of an application to the relevant federal executive body in writing from a participant in the savings and mortgage system or his family members with a request to receive payment.
Article 5. Formation of savings for housing
1. Savings for housing are formed from the following sources:
1) accumulative contributions accounted for in the registered savings accounts of participants at the expense of the federal budget;
2) income from investment of savings for housing;
3) other receipts not prohibited by the legislation of the Russian Federation.
2. The amount of the accumulative contribution per participant is established by the federal law on the federal budget for the year of making the accumulative contribution in the amount of not less than the accumulative contribution received by indexing the actually accrued and transferred accumulative contribution of the previous year, taking into account the inflation rate provided for by the forecast of the socio-economic development of the Russian Federation. Federation for the next year.
3. Cumulative contributions transferred quarterly from the federal budget to one participant in the accumulation and mortgage system are accounted for in the participant's personal accumulation account throughout the entire period of his military service in accordance with the rules for the operation of the accumulation and mortgage system approved by the Government of the Russian Federation, containing:
1) the procedure for maintaining registered accumulative accounts of participants;
2) the procedure and conditions for the use of savings for housing, provision and repayment of targeted housing loans;
3) the procedure for the provision by the authorized federal body of information on management companies and on a specialized depository, on the status of registered accumulative accounts of participants;
4) other components of the rules for the functioning of the savings and mortgage system.
4. The accounting of accumulative contributions on the registered accumulation accounts of participants is carried out on the basis of information about the participants of the accumulation and mortgage system, submitted to the authorized federal body by federal executive bodies, in which military service is provided for by federal law.
5. Accounting of accumulative contributions on the participant's personal accumulation account starts from the 1st day of the month following the month of opening this account, and stops from the day of closing this account.
6. The accounting of income from investment in the registered savings accounts of participants is carried out by the authorized federal body in proportion to the amounts of savings recorded in the registered savings accounts of participants and the timing of their investment for the reporting year.
(as amended by Federal Law of 28.06.2011 N 168-FZ)
7. The receipts specified in clause 3 of part 1 of this article are accounted for in the personal savings account of each participant in proportion to the savings recorded in the personal savings account as of the date of receipt of funds.
7.1. On a registered accumulative account of a participant who was excluded from the register of participants in connection with dismissal from military service for health reasons, or in connection with organizational and staff activities, or for family reasons provided for by the legislation of the Russian Federation on military duty and military service, in which at the same time, the right to use savings for housing provision did not arise on the grounds provided for in Clause 2 of Article 10 of this Federal Law, and which was included in the register of participants on the basis provided for in Clause 14 of Part 2 of Article 9 of this Federal Law, funds are accounted for in the amount of savings for housing, accounted for on the registered savings account of the participant on the day of occurrence of the basis for excluding him from the register of participants.
(Part 7.1 is introduced by the Federal Law of June 28, 2011 N 168-FZ)
8. Savings for housing provision are the property of the Russian Federation, are not subject to withdrawal to the budget of any level, cannot be the subject of collateral or other collateral (except for individual clearing collateral) of the obligations of the owner of these savings and the subjects of relations for their formation and investment.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
9. Accumulation of savings for housing is kept on registered savings accounts of participants by the authorized federal body in accordance with the legislation of the Russian Federation and the rules for the functioning of the savings and mortgage system specified in part 3 of this article.
10. Accumulation contributions received, operations on the use of savings for housing, as well as calculated based on the cost are subject to accounting on the participant's personal savings account net assets the total investment portfolio at the end of the reporting period the amount of savings for housing, formed in favor of the participant as of the end of the reporting period.
Article 6. Subjects of relations on the formation and investment of savings for housing
The subjects of relations for the formation and investment of savings for housing are the federal executive authorities, in which the federal law provides for the military service, an authorized federal body, a specialized depository, management companies, credit organizations and brokers.
Article 7. Functions of federal executive bodies in which military service is provided for by federal law, functions of an authorized federal body
1. Federal executive bodies in which military service is provided for by federal law:
1) form and maintain a register of participants in the manner established by the Government of the Russian Federation, and submit to the authorized federal body information about the participants in the accumulation and mortgage system, which is necessary for maintaining their registered accumulative accounts, taking into account the requirements of the legislation of the Russian Federation on state secrets;
2) inform the authorized federal body about the transfer of the participant of the savings and mortgage system to another federal executive body for military service;
3) submit to the federal executive body in the field of finance and the authorized federal body information on the number of participants in the accumulation and mortgage system for the formation of budget planning for the corresponding year;
4) verify the information reflected in the register of participants, together with the authorized federal body;
5) received in an authorized federal body information about registered savings accounts of participants;
6) inform the participants of the accumulative mortgage system in writing about their inclusion in this system and about their exclusion from it;
7) in the cases established by Clause 3 of Part 1 of Article 4 of this Federal Law, make a decision on the payment of funds in addition to savings for housing provision to participants in the accumulation and mortgage system or members of their families and pay the indicated funds;
(as amended by Federal Law of 28.06.2011 N 168-FZ)
8) carry out information and explanatory work on the accumulation and mortgage system;
9) perform other functions provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. The authorized federal body:
1) draws up the receipt in the prescribed manner of budgetary appropriations for the accumulation of funds on the registered accumulative accounts of participants;
2) keeps records of savings for housing, including on personal savings accounts of participants;
3) conducts, in accordance with the procedure established by the Central Bank of the Russian Federation, tenders for the selection of a specialized depository to conclude an agreement with it on the provision of services of a specialized depository;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
4) conducts, in accordance with the procedure established by the Central Bank of the Russian Federation, tenders for the selection of management companies to conclude agreements with them for the trust management of savings for housing;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
5) is, in accordance with the legislation of the Russian Federation, a party to contracts with management companies and a specialized depository, which were selected based on the results of a tender in accordance with the requirements of this Federal Law;
6) requests and receives funds from management companies for their intended use by participants in the accumulation and mortgage system in accordance with this Federal Law;
7) carries out the implementation of measures provided for by the legislation of the Russian Federation in order to preserve the savings for housing, which are in the trust management of management companies;
8) carries out registration and issuance of targeted housing loans to participants in the accumulation and mortgage system at the request of the participant in writing;
9) annually submits to the Government of the Russian Federation reports on the funds accounted for in the registered savings accounts of participants, on the results of investment of savings for housing, transferred to trust management companies, on the use of savings for housing;
10) discloses information on the formation, investment and use of savings for housing provision in the manner and within the time limits established by the Government of the Russian Federation;
11) conducts information and explanatory work on the implementation of this Federal Law;
12) informs participants about the housing market;
13) provides savings for housing provision to participants in the accumulation and mortgage system after the emergence of the right to use them;
13.1) determines, in accordance with this Federal Law, the requirements for the investment declaration of the management company, including the structure of the investment portfolio;
(Clause 13.1 was introduced by Federal Law of June 28, 2011 N 168-FZ)
14) performs other functions provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, the statute on the authorized federal body approved by the Government of the Russian Federation.
Article 8. Housing Savings Investment Council
1. Public control over the investment of savings for housing provision is carried out by the Council for Investment of Savings for Housing (hereinafter referred to as the Council) in accordance with the regulations approved by the Government of the Russian Federation.
2. The personal composition of the Council is formed from representatives self-regulatory organizations professional participants in the securities market, other public organizations and federal executive authorities.
3. The Council may not include persons who, by virtue of their professional duties, directly make decisions on investing savings for housing.
4. Members of the Council carry out their activities free of charge.
5. The Council has the right to request the authorized federal body and central bank Of the Russian Federation on information on activities for investment of savings for housing, including the reporting of subjects of relations on investment of savings for housing, as well as audit reports and audit reports according to the specified reporting.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
6. In case of revealing the facts of offenses in the field of investment and the use of savings for housing, the relevant proposals are sent by the Council to the authorized federal executive bodies exercising the functions of normative legal regulation, and the authorized federal executive bodies performing the functions of state control(supervision) in the field of relations on the formation and use of savings for housing, the Central Bank of the Russian Federation, other federal executive bodies, their territorial bodies and law enforcement agencies in accordance with their competence to resolve the issue of bringing offenders to justice as provided for by the legislation of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Chapter 3. PARTICIPATION OF MILITARY SERVICES
IN THE ACCUMULATION AND MORTGAGE SYSTEM
Article 9. Participants of the accumulation and mortgage system
1. The following servicemen belong to the participants in the savings and mortgage system:
1) persons who graduated from military professional educational organizations or military educational organizations higher education and those who received the first military rank of an officer in this connection from January 1, 2005, while these persons who entered into the first military service contracts before January 1, 2005, may become participants by expressing such a desire;
2) officers called up for military service from the reserve or voluntarily enlisted in military service from the reserve and who have entered into the first contract for military service starting from January 1, 2005;
3) ensigns and warrant officers, the total duration of military service under the contract will be three years starting from January 1, 2005, while these persons who entered into the first military service contracts before January 1, 2005, may become participants by expressing such a desire;
4) sergeants and foremen, soldiers and sailors who entered into a second contract on military service no earlier than January 1, 2005, who expressed a desire to become participants in the accumulative mortgage system;
5) persons who graduated from the military educational institutions professional education in the period after January 1, 2005 to January 1, 2008 and who received the first military rank of an officer in the training process, can become participants by expressing such a desire;
(Clause 5 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
6) persons who received the first military rank of an officer in connection with entering military service under a contract for a military position, for which the state provides for the military rank of an officer, starting from January 1, 2005, while these persons who received the first military rank of an officer before January 1 2008, can become participants, having expressed such a desire;
(Clause 6 introduced by the Federal Law of 04.12.2007 N 324-FZ)
7) servicemen who received the first military rank of an officer in connection with the appointment to a military position for which the state provides for the military rank of an officer, starting from January 1, 2005, the total duration of military service under the contract is less than three years, while these persons who received the first military rank of an officer before January 1, 2008, can become participants by expressing such a desire;
8) servicemen who graduated from courses for the training of junior officers and received, in this regard, the first military rank of an officer starting from January 1, 2005, the total duration of military service under the contract is less than three years, while these persons who received the first military rank of an officer before January 1, 2008, can become participants, having expressed such a desire.
2. The basis for the inclusion of a serviceman by the federal executive body, in which the federal law provides for military service, in the register of participants is:
1) for persons who graduated from military professional educational organizations or military educational organizations of higher education and who have entered into the first contract on military service after January 1, 2005 - receiving the first military rank of an officer;
(as amended by Federal Law of 02.07.2013 N 185-FZ)
2) for officers called up for military service from the reserve or voluntarily enrolled in military service from the reserve - the conclusion of the first contract on military service;
3) for ensigns and warrant officers who signed the first contract on military service after January 1, 2005 - the total duration of their military service under the contract is three years;
4) for sergeants and foremen, soldiers and sailors - a written request for their inclusion in the register of participants;
5) for persons who graduated from military professional educational organizations or military educational organizations of higher education starting from January 1, 2005 and who entered into the first contract on military service before January 1, 2005 - a written request for their inclusion in the register of participants;
(as amended by Federal Law of 02.07.2013 N 185-FZ)
6) for ensigns and warrant officers, the total duration of military service under the contract will be three years starting from January 1, 2005, if they have entered into the first contract for military service before January 1, 2005 - a written request for their inclusion in the register of participants ;
(as amended by Federal Law of 04.12.2007 N 324-FZ)
7) for persons who graduated from military educational institutions of vocational education in the period after January 1, 2005 to January 1, 2008 and received the first military rank of an officer in the course of training - a written application for their inclusion in the register of participants;
(Clause 7 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
8) for military personnel who do not have the military rank of an officer and who have received the first military rank of an officer in connection with entering military service under a contract for a military position, for which the state provides for the military rank of an officer, starting from January 1, 2008 - obtaining the first military rank of an officer ;
(Clause 8 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
9) in a written application for their inclusion in the register of participants;
(Clause 9 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
10) for military personnel who received the first military rank of an officer in connection with the appointment to a military position for which the state provides for the military rank of an officer, starting from January 1, 2008 - the receipt of the first military rank of an officer;
(Clause 10 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
11) for military personnel who received the first military rank of an officer in connection with the appointment to a military position for which the state provides for the military rank of an officer, after January 1, 2005 to January 1, 2008 - a written request for their inclusion in the register of participants;
(Clause 11 introduced by the Federal Law of 04.12.2007 N 324-FZ)
12) for servicemen who received the first military rank of officer in connection with the completion of courses for the training of junior officers starting from January 1, 2008 - the receipt of the first military rank of officer;
(Clause 12 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
13) for military personnel who received the first military rank of officer in connection with the completion of training courses for junior officers after January 1, 2005 to January 1, 2008 - a written request for their inclusion in the register of participants;
(Clause 13 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
14) for servicemen who voluntarily entered military service from the reserve, if they were excluded from the register of participants and did not receive payment of the funds specified in Clause 3 of Part 1 of Article 4 of this Federal Law, or did not use the right to become participants in the accumulative mortgage systems, - the conclusion of a new contract on the passage of military service;
(Clause 14 was introduced by the Federal Law of June 28, 2011 N 168-FZ)
15) for servicemen who voluntarily entered military service from the reserve, if they were excluded from the register of participants and received payment of the funds specified in clause 3 of part 1 of article 4 of this Federal Law - the total duration of their military service is twenty years.
(Clause 15 introduced by Federal Law of June 28, 2011 N 168-FZ)
3. The grounds for excluding a serviceman by the federal executive body, in which military service is provided for by federal law, from the register of participants is:
1) his dismissal from military service;
2) excluding him from the lists of the personnel of a military unit in connection with his death or death, recognizing him as missing in the manner prescribed by law or declaring him dead;
3) fulfillment by the state of its obligations to provide a serviceman during the period of military service with residential premises (with the exception of residential premises of specialized housing stock) in another manner provided for by the regulatory legal acts of the President of the Russian Federation at the expense of the federal budget.
(Clause 3 was introduced by the Federal Law of June 25, 2012 N 90-FZ)
3.1. Servicemen who voluntarily entered military service from the reserve, if they were excluded from the register of participants on the basis provided for in paragraph 3 of part 3 of this article, cannot be participants in the accumulation and mortgage system.
(Part 3.1 was introduced by the Federal Law of June 25, 2012 N 90-FZ)
4. In the event of a transfer of a serviceman from one federal executive body in which military service is provided for by federal law, to another federal executive body in which military service is provided for by federal law, information about a participant in the accumulation and mortgage system must be transferred to the register of participants in that the federal executive body to which the soldier is transferred for further military service.
5. The federal executive body, in which the participant of the accumulation and mortgage system is doing military service, notifies the serviceman in writing about his inclusion in the register of participants and about the opening of a participant’s personal savings account or about its exclusion from the register of participants and about the closure of the participant’s personal savings account ...
Article 10. Creation of the right to use the savings accounted for in the participant's personal savings account
In accordance with this Federal Law, the basis for the emergence of the right to use the savings accounted for in the participant's personal savings account is:
1) the total duration of military service, including in preferential terms, twenty years or more;
(Clause 1 as amended by Federal Law of 04.12.2007 N 324-FZ)
2) the dismissal of a serviceman whose total duration of military service is ten years or more:
a) upon reaching the age limit for military service;
b) for health reasons - in connection with his recognition by the military medical commission of limited fitness for military service;
(Clause "b" as amended by Federal Law of 04.12.2007 N 324-FZ)
c) in connection with organizational and staff activities;
d) for family reasons provided for by the legislation of the Russian Federation on conscription and military service;
3) the exclusion of a participant in the accumulation and mortgage system from the lists of the personnel of a military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law or declaring him deceased;
4) the dismissal of a serviceman for health reasons - in connection with the recognition of him by the military medical commission as unfit for military service.
(Clause 4 was introduced by the Federal Law of 04.12.2007 N 324-FZ)
Article 11. Rights and obligations of participants in the accumulation and mortgage system
1. A participant in the savings and mortgage system has the right to:
1) use the funds specified in Clauses 1 and 3 of Part 1 of Article 4 of this Federal Law for the purpose of acquiring residential premises or residential premises for ownership or for other purposes after the right to use these funds arises;
2) use a targeted housing loan for the purposes provided for by Part 1 of Article 14 of this Federal Law;
3) annually receive from the federal executive body in which he is doing his military service, information about the funds accounted for in his personal savings account;
4) - 6) are no longer valid. - Federal Law of June 28, 2011 N 168-FZ.
2. A participant in the savings and mortgage system is obliged:
1) return the provided targeted housing loan in the cases and in the manner determined by this Federal Law;
2) notify the authorized federal body of its decision regarding the funds accumulated in its personal savings account upon dismissal from military service.
3. The receipt by the participant of the funds specified in Part 1 of Article 4 of this Federal Law, or the direction by the authorized federal body of the creditor of the participant of the funds of the targeted housing loan for the purposes provided for in paragraph 2 of Part 1 of Article 14 of this Federal Law, is the fulfillment by the state of its obligations on housing provision. soldier.
Article 12. Rights of family members of a participant in the savings and mortgage system, excluded from the lists of military unit personnel in connection with death or death, recognition as missing or being declared deceased
1. In the event that a participant in the savings and mortgage system is excluded from the lists of personnel of a military unit in connection with his death or death, he is recognized as missing in the manner prescribed by law, or when he is declared dead, his family members have the right to use the funds specified in paragraphs 1 and 3 of Part 1 of Article 4 of this Federal Law, for the purpose of acquiring residential premises or residential premises for ownership or for other purposes. In this case, the participant's personal savings account is closed. For the purposes of this Federal Law, family members of a serviceman include:
(as amended by Federal Law of 28.06.2011 N 168-FZ)
1) spouse or spouse;
2) minor children;
3) children over eighteen years of age who have become disabled before they reach the age of eighteen;
4) children under the age of twenty-three studying in educational institutions on a full-time basis;
(as amended by Federal Law of 02.07.2013 N 185-FZ)
5) persons who are dependent on a serviceman.
2. A targeted housing loan received by a participant in the accumulation and mortgage system, excluded from the lists of a military unit on the grounds specified in part 1 of this article, is counted towards the obligations of the state to the participant and is not subject to return by his family members.
3. Family members of a participant in the savings and mortgage system specified in part 1 of this article and who used a targeted housing loan to obtain a mortgage loan (loan) may assume his obligations under the specified mortgage loan (loan). If the loan agreement (loan agreement) is reissued to the person who has assumed the obligations of the participant, this person gets the right to continue repayment of the mortgage loan (loan) through accruals to the participant's personal savings account until the date specified in the contract for the provision of a targeted housing loan to repay the obligations of the mortgage loan (loan). In this case, the participant's personal savings account is closed from the 1st day of the month following the day of the specified date.
Article 13. Opening and closing of registered savings accounts of participants
1. The basis for opening a registered savings account of a participant is the entry of information about him into the register of participants.
2. After a participant in the accumulative mortgage system is dismissed from military service and in the cases provided for in Article 12 of this Federal Law, the participant's personal accumulative account is closed and his participation in the accumulative mortgage system is terminated. The procedure for using the accumulated funds after closing the participant's registered savings account is determined by the Government of the Russian Federation.
3. In the event that a participant in the accumulative mortgage system acquires housing during the period of military service at the expense of part of the savings using a targeted housing loan and repayment of the specified loan upon dismissal of the participant by decision of the federal executive body in which he served military service, on the exclusion of the participant from the register of participants and, on the basis of its report (application), the authorized federal body ensures that the participant is provided with the balances of monetary savings and closes the participant's personal savings account.
4. In the case provided for in paragraph 3 of part 3 of Article 9 of this Federal Law, as well as in the event that, upon early dismissal of a participant in the accumulation and mortgage system from military service, there are no grounds provided for in paragraphs 1, 2 and 4 of Article 10 of this Federal Law, its the personal savings account is closed, and the amount of accumulated contributions and other receipts recorded on the participant's personal savings account is subject to return to the federal budget.
(as amended by Federal Laws of 04.12.2007 N 324-FZ, of 25.06.2012 N 90-FZ)
Chapter 4. USE OF ACCUMULATIONS FOR HOUSING SUPPORT
WHEN THE PARTICIPANTS RECEIVE THE ACCUMULATION AND MORTGAGE SYSTEM
PURPOSE HOUSING LOANS
Article 14. The right of a participant in the savings and mortgage system to receive a targeted housing loan
1. Each participant in the accumulation and mortgage system, at least after three years of its participation in the accumulation and mortgage system, has the right to conclude a targeted housing loan agreement with the authorized federal body in order to:
(as amended by Federal Law of 04.12.2007 N 324-FZ)
1) the acquisition of residential premises or residential premises, the acquisition land plot occupied by the acquired residential building either part of a residential building and necessary for their use, on the security of the acquired residential premises or residential premises, the specified land plot, as well as the acquisition of residential premises or residential premises under an agreement for participation in shared construction;
(Clause 1 as amended by Federal Law of 28.06.2011 N 168-FZ)
2) payment of the initial payment for the acquisition of residential premises or residential premises using a mortgage loan (loan), acquisition of a land plot occupied by the acquired residential building or part of a residential building and necessary for their use, payment of a part of the price of an agreement for participation in shared construction using a mortgage loan (loan) and (or) repayment of obligations under a mortgage loan (loan);
(Clause 2 as amended by Federal Law of 28.06.2011 N 168-FZ)
3) has become invalid. - Federal Law of June 28, 2011 N 168-FZ.
2. A standard contract of a targeted housing loan provided to a participant in the accumulation and mortgage system, as well as the procedure for registering a mortgage, shall be approved by the federal executive body authorized by the Government of the Russian Federation.
(as amended by Federal Law of 23.07.2008 N 160-FZ)
3. A targeted housing loan is provided for the period of a participant in the accumulative-mortgage system of military service and is interest-free during this period.
4. The maximum size of the targeted housing loan cannot exceed total amount the estimated total contribution and the income from the investment of housing savings recorded on the personal savings account on the day the targeted housing loan is granted.
5. A targeted housing loan for repayment of obligations under a mortgage loan (loan) is provided in accordance with the repayment schedule of this loan (loan), determined by the relevant agreement, but not more often than once a month, while the amount of funds provided should not exceed the actual amount of funds, accounted for on the participant's personal savings account at the end of the month preceding the next payment.
6. The source of the provision of a targeted housing loan to a participant in the accumulation-mortgage system is the savings for housing, recorded on the participant's personal accumulation account.
7. From the day the targeted housing loan is provided, income is recorded on the participant's personal savings account based on the balance of housing savings recorded on this account.
8. A targeted housing loan for participation in shared construction is provided if a participant in the accumulation and mortgage system submits an agreement for participation in shared construction, and if credit (borrowed) funds are used, also a credit agreement (loan agreement). The Government of the Russian Federation has the right to establish additional requirements for a shared construction object and (or) a developer carrying out share building using the funds of a targeted housing loan.
(part eight was introduced by the Federal Law of 04.12.2007 N 324-FZ)
9. The funds of a targeted housing loan can be used by a participant in the accumulation and mortgage system to pay the costs associated with the execution of a transaction for the acquisition of residential premises or residential premises, the acquisition of a land plot occupied by the acquired residential building or part of a residential building and necessary for their use, and ( or) execution of a loan agreement (loan agreement), including a certified mortgage, including payments to the lender related to the issuance of a loan (loan), payment for services for the selection and registration of residential premises or residential premises, land, payment for the services of an appraiser, as well as expenses for insurance of risks in accordance with the terms of the specified contracts or mortgage. Payment for the services and works specified in this article may be made at the expense of the targeted housing loan, provided that the services and works provided meet the requirements established by the authorized federal body.
(Part nine was introduced by the Federal Law of 04.12.2007 N 324-FZ, as revised by the Federal Law of 28.06.2011 N 168-FZ)
10. The authorized federal body has the right to establish standards for the provision of a mortgage loan (loan) to participants in the savings and mortgage system.
(Part ten was introduced by the Federal Law of 04.12.2007 N 324-FZ)
Article 15. Peculiarities of repayment of the target housing loan
1. Repayment of a targeted housing loan shall be carried out by the authorized federal body when the participant of the accumulative mortgage system who has received the targeted housing loan has the grounds specified in Article 10 of this Federal Law, as well as in the cases specified in Article 12 of this Federal Law.
2. In the event of early dismissal of a participant in the accumulative mortgage system from military service, if he did not have the grounds provided for by paragraphs 1, 2 and 4 of Article 10 of this Federal Law, starting from the day of dismissal, interest is charged on the target housing loan at the rate established by the agreement on providing a targeted housing loan. In this case, a resigned participant in the accumulation and mortgage system is obliged to return the amounts paid by the authorized federal body to repay the target housing loan, as well as pay interest on this loan in monthly installments within a period not exceeding ten years. The interest income on a targeted home loan is investment income. Interest is charged on the outstanding balance of the target housing loan.
(as amended by Federal Law of 04.12.2007 N 324-FZ)
3. The targeted housing loan can be repaid ahead of schedule. If the participant continues to pass the accumulative-mortgage system of military service under the contract after the repayment of the target housing loan, accruals to the participant's personal accumulation account are made on a general basis.
Chapter 5. INVESTMENT OF ACCUMULATIONS FOR HOUSING SUPPORT
Article 16. Permitted assets (investment objects)
1. Savings for housing can be allocated to the following asset classes:
1) government securities of the Russian Federation;
2) government securities of the constituent entities of the Russian Federation;
3) bonds of Russian issuers in addition to the securities specified in clauses 1 and 2 of this part;
4) shares of Russian and foreign issuers;
(Clause 4 as amended by Federal Law of 04.12.2007 N 324-FZ)
4.1) Russian depositary receipts;
(Clause 4.1 introduced by the Federal Law of 04.12.2007 N 324-FZ)
5) mortgage-backed securities issued in accordance with the legislation of the Russian Federation;
6) investment units share investment funds formed in accordance with the legislation of the Russian Federation;
(Clause 6 as amended by Federal Law of 04.12.2007 N 324-FZ)
7) funds in rubles on accounts with credit institutions;
8) deposits in rubles with credit institutions;
9) foreign currency on accounts with credit institutions;
10) certificates of deposit;
(Clause 10 was introduced by the Federal Law of June 28, 2011 N 168-FZ)
11) mortgages pledged by participants in the savings and mortgage system.
(Clause 11 introduced by Federal Law of June 28, 2011 N 168-FZ)
2. It is not allowed to place savings for housing in investment objects not provided for by this Federal Law.
3. Savings for housing cannot be used for:
1) the acquisition of securities, the issuers of which are management companies, brokers, credit and insurance organizations, a specialized depository and auditors with whom service agreements have been concluded;
2) the acquisition of securities of issuers in relation to which measures of pre-trial resolution are being carried out, or an insolvency (bankruptcy) procedure has been introduced (supervision, financial recovery, external management, bankruptcy proceedings), or such a procedure has been applied in the last two years.
4. Placement of savings for housing:
1) assets specified in clause 1 of part 1 of this article are permitted only if they are circulating on the securities market or are specially issued by the Government of the Russian Federation for the placement of funds of institutional investors;
2) assets specified in clauses 2 - 5 of part 1 of this article are permitted only if they are admitted to public circulation in accordance with Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market";
(Clause 2 as amended by Federal Law of 04.12.2007 N 324-FZ)
3) the assets specified in clauses 7 - 9 of part 1 of this article are permitted only in those credit institutions that meet the requirements established by article 23 of this Federal Law.
5. The management company, acting as a trustee of savings for housing, is entitled, subject to compliance with the requirements established by the regulations of the Central Bank of the Russian Federation aimed at limiting risks, to conclude contracts that are derivative financial instruments.
(as amended by Federal Laws of 25.11.2009 N 281-FZ, of 23.07.2013 N 251-FZ)
6. The Government of the Russian Federation may establish additional restrictions on the investment of savings for housing provision in certain asset classes provided for by this Federal Law.
6.1. In order to place savings for housing in the assets specified in clause 8 of part 1 of this article, the Central Bank of the Russian Federation compiles lists of credit institutions that meet the requirements provided for by this Federal Law and the regulatory legal acts of the Russian Federation and regulatory acts of the Central the Bank of the Russian Federation, and also places the specified lists on its own website in the information and telecommunication network "Internet".
(Part 6.1 is introduced by Federal Law of 23.07.2013 N 251-FZ)
7. If the composition of the assets that make up the investment portfolio is found to be inconsistent with the requirements established by this Federal Law, other regulatory legal acts, regulations of the Central Bank of the Russian Federation and (or) an investment declaration resulting from circumstances that do not depend on the actions of the management company, the composition of the investment portfolio must be adjusted within the time period provided for by Part 10 of Article 27 of this Federal Law. Measures to bring the composition of assets in line with the specified requirements are carried out by the management company in ways that best meet the interests of the participants in the accumulation and mortgage system.
Article 17. Contract for trust management of savings for housing
1. Trust management of savings for housing (hereinafter - trust management) is carried out on the basis of a trust management agreement.
2. Under a trust management agreement, the authorized federal body transfers the savings for housing to the trust management of the trust manager - the management company, and the trust manager undertakes to carry out trust management in accordance with this Federal Law in order to ensure the right of participants in the accumulation and mortgage system to use the savings. The model trust management agreement is approved by the Central Bank of the Russian Federation.
3. The founder of the trust management is the Russian Federation. On behalf of the Russian Federation, the rights of the founder of trust management are exercised by the authorized federal body. On the basis of this Federal Law, the beneficiary under the trust management agreement is the Russian Federation represented by the authorized federal body.
4. Funds transferred to the trust management of the management company and investment income do not pass into the ownership of the trustee. Investment income is attributed to the growth of funds transferred to trust.
5. The trustee has the right to dispose of savings for housing provision solely for the purpose of implementing this Federal Law and in compliance with the restrictions stipulated by it.
6. The object of trust management is savings for housing. The objectives of trust management are to preserve and increase the value of net assets formed at the expense of funds transferred to trust, subject to the interests of participants in the accumulation and mortgage system.
7. The trustee is obliged to ensure segregated accounting of the assets that make up the investment portfolio.
(as amended by Federal Law of 04.12.2007 N 324-FZ)
8. Property in trust in accordance with a trust agreement cannot act as security for any obligations of the founder of the trust, trustee or other persons, with the exception of obligations related to the financing of payments provided for by this Federal Law.
9. The trust management agreement shall determine the amount and procedure for payment for the services of a specialized depository under an agreement with the authorized federal body, as well as the procedure for reducing the amount of remuneration of the trustee and the necessary expenses for investing savings for housing in relation to the value of the net assets held in trust, according to as the savings for housing, transferred to trust, increase.
10. The trust management agreement is concluded for a period of three years with the right to extend it. The procedure and conditions for extending the agreement are established by the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
11. The trustee will personally manage the trustee.
12. Trust management agreement other than the cases provided for The Civil Code Of the Russian Federation, is terminated due to:
1) suspension of the license issued to the management company to carry out activities for the management of investment funds, unit investment funds and non-state pension funds, or cancellation of such a license;
2) introduction of insolvency (bankruptcy) procedures against the management company (supervision, financial rehabilitation, external management, bankruptcy proceedings);
3) making a decision to liquidate the management company.
13. The trust management agreement is terminated from the day the relevant decision is made or, if such a decision is made by the court, from the date the decision comes into legal force.
14. The authorized federal body is obliged to withdraw from the trust management agreement in the event of:
1) non-compliance of the management company with the requirements established by Part 1 of Article 20 of this Federal Law, with the exception of the requirement for a license to operate investment funds, unit investment funds and non-state pension funds and the requirement for liability insurance in accordance with Article 31 of this Federal Law ;
2) violation by the management company of the requirements for the composition of assets in which savings for housing can be invested, if such a violation arose as a result of the actions of the management company;
3) violation by the management company of the requirements established by Parts 5 and 6 of Article 25 of this Federal Law;
3.1) violation by the management company of the obligation established by Clause 3.1 of Part 2 of Article 20 of this Federal Law;
(Clause 3.1 introduced by Federal Law of June 28, 2011 N 168-FZ)
4) repeated violation by the management company of the procedure and terms for adjusting the aggregate investment portfolio within one year;
5) repeated violation during the year by more than 10 working days of the deadline for the submission of reports and other information by the management company to the authorized federal body or the Central Bank of the Russian Federation;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
6) the management company has repeatedly violated the deadlines for the transfer of copies to the specialized depository during the year primary documents in relation to property constituting savings for housing;
7) failure by the management company within 10 working days of operations related to the investment of savings for housing, on the grounds provided for by Part 7 of Article 31 of this Federal Law.
(Part fourteen as amended by Federal Law of 04.12.2007 N 324-FZ)
15. The period of notification by the authorized federal body of the management company about the cancellation of the said agreement provided for by the trust management agreement may not exceed seven days prior to the day of its termination.
16. Upon termination of the trust management agreement, the assets held in trust under the relevant agreement are subject to transfer to trust management in the manner and terms determined by the Central Bank of the Russian Federation.
(as amended by Federal Laws of 04.12.2007 N 324-FZ, of 23.07.2013 N 251-FZ)
17. The number of management companies with which the authorized federal body has concluded trust management agreements must be at least two for each investment mandate. If the number of management companies for one investment mandate is less than two, a competition is held for this investment mandate in accordance with this Federal Law.
(Part seventeen as amended by Federal Law of 04.12.2007 N 324-FZ)
Article 18. Agreement on the provision of specialized depository services to the authorized federal body
1. Provision of services for the storage of securities certificates in documentary form and accounting for rights to securities in which savings for housing have been invested, as well as control over the disposal of these savings by a specialized depository are carried out on the basis of an agreement on the provision of services of a specialized depository to an authorized federal body and contracts on the provision of specialized depository services to management companies.
2. Under an agreement on the provision of services of a specialized depository to an authorized federal body, a specialized depository for a fee established by the said agreement in accordance with this Federal Law undertakes to provide the authorized federal body with the services of a specialized depository, and the authorized federal body undertakes to accept and pay for such services in the manner prescribed by Articles 17 and 19 of this Federal Law. The amount of payment for the services of a specialized depository in relation to the value of net assets held in trust by management companies that have entered into agreements with a specialized depository is to be reduced as the savings for housing security transferred to trust management by the management companies increase.
3. The term of the contracts for the provision of specialized depository services is five years. The term of these agreements concluded within the first two years from the date of entry into force of this Federal Law is two years.
4. A model agreement on the provision of specialized depository services to an authorized federal body shall be approved by the Central Bank of the Russian Federation.
(as amended by Federal Laws of 23.07.2008 N 160-FZ, of 23.07.2013 N 251-FZ)
5. An agreement on the provision of services of a specialized depository to an authorized federal body should provide for provisions establishing:
1) the procedure for the performance by the specialized depository of the obligations established by this Federal Law, and the responsibility of the specialized depository for non-performance of these obligations;
2) the amount and procedure for payment by management companies for the services of a specialized depository provided to the authorized federal body;
3) the grounds and procedure for changing and early termination of the contract;
4) the responsibility of the specialized depository for the compliance of the specialized depository with the additional requirements established by the Central Bank of the Russian Federation during the term of the agreement;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
5) the term of the contract;
6) other provisions provided for model contract on the provision of specialized depository services.
6. The agreement on the provision of services of a specialized depository to the authorized federal body shall be terminated due to:
1) suspension of a license issued to a specialized depository for depository activities or a license for operating a specialized depository of investment funds, unit investment funds and non-state pension funds, or cancellation of such licenses;
2) introduction of insolvency (bankruptcy) procedures in relation to a specialized depository (supervision, financial rehabilitation, external management, bankruptcy proceedings);
3) making a decision on the liquidation of the specialized depository;
4) refusal of the authorized federal body from the specified agreement.
7. An agreement on the provision of services of a specialized depository to an authorized federal body is terminated from the date of the relevant decision or, if such a decision is made by a court, from the date of entry into force of such a decision.
8. The authorized federal body is obliged to withdraw from the agreement on the provision of services of a specialized depository to the authorized federal body if the specialized depository does not meet the requirements established by Article 21 of this Federal Law, as well as in the event of repeated violations of the procedure and terms of notification of the authorized federal body or the Central the Bank of the Russian Federation on violations revealed in the course of carrying out activities in accordance with the specified agreement. The authorized federal body shall notify the specialized depository of the cancellation of the contract for the provision of services of the specialized depository to the authorized federal body at least seven days before the date of termination of the contract.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
9. The procedure for transferring securities and documents to a new specialized depository in the event of termination (termination) of an agreement on the provision of services of a specialized depository to an authorized federal body and (or) management companies is determined by the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Article 19. Agreements on the provision of specialized depository services to management companies
1. Storage of securities certificates in documentary form and registration of rights to securities in which savings for housing are invested are carried out by a specialized depository on the basis of agreements on the provision of services to management companies. Agreements on the provision of services of a specialized depository to management companies are concluded between a specialized depository with which the authorized federal body has entered into an agreement on the provision of services of a specialized depository, and management companies.
2. A model agreement on the provision of specialized depository services for the management company is approved by the Central Bank of the Russian Federation.
(as amended by Federal Laws of 23.07.2008 N 160-FZ, of 23.07.2013 N 251-FZ)
3. An agreement on the provision of services of a specialized depository to management companies shall establish the procedure for the specialized depository to carry out depository activities, the amount and procedure for payment by management companies for the services of a specialized depository, the procedure for payment by management companies for the services of a specialized depository provided to the authorized federal body under an agreement concluded by the specialized depositary and the authorized federal body in accordance with this Federal Law, as well as other provisions stipulated by the model agreement on the provision of specialized depository services to management companies.
Article 20. Management company
1. Only management companies selected according to the results of the competition, which have licenses to carry out activities for the management of investment funds, mutual investment funds and non-state pension funds, who have insured liability in accordance with Article 31 of this Federal Law, corresponding to those established by the Central Bank, are allowed to manage savings for housing. Of the Russian Federation to the requirements for the sufficiency of its own funds, which are not affiliated persons of the specialized depository or its affiliates, who have adopted the code of professional ethics that meets the requirements of this Federal Law and who have entered into agreements with the specialized depositary for the provision of services in accordance with Article 19 of this Federal Law. At the same time, the shareholders (participants) of the management company exercising trust management cannot include organizations registered in foreign countries in which a favorable tax regime and / or does not provide for disclosure and provision of information when conducting financial transactions, or on the territory of the Russian Federation, where a special tax regime is provided (offshore zones).
(as amended by Federal Law of 23.07.2013 N 251-FZ)
2. The management company is obliged:
1) invest savings for housing in the interests of participants in the savings and mortgage system;
2) bear the responsibility established by this Federal Law and the trust management agreement for the compliance of the investment of savings for housing provision with the requirements of this Federal Law;
3) invest savings for housing on the basis of the need to ensure the principles of reliability, liquidity, profitability and diversification;
4) carry out operations with savings for housing under the control of a specialized depository;
5) terminate brokerage agreements and take measures to reclaim funds if brokers engaged to carry out operations with savings for housing cease to meet the requirements of this Federal Law and regulations of the Central Bank of the Russian Federation;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
6) terminate agreements with credit institutions, close accounts and take measures to reclaim funds in the event that credit institutions have ceased to meet the requirements of this Federal Law;
7) regularly calculate the current market value and the value of net assets held in trust in accordance with the regulations of the Central Bank of the Russian Federation;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
8) exercise the rights certified by securities in which savings for housing have been invested, in the interests of participants in the accumulation and mortgage system;
9) sell securities held in trust, as a rule, at a price not lower than the market price, and also buy securities, as a rule, at a price not higher than the market price. For the purposes of this Federal Law, the market price means the price determined in accordance with the procedure established by the Central Bank of the Russian Federation. A report on transactions carried out with a deviation from market prices is submitted to the Central Bank of the Russian Federation and the authorized federal body. The report form is established by the Central Bank of the Russian Federation;
(as amended by Federal Laws of 04.12.2007 N 324-FZ, of 23.07.2013 N 251-FZ)
10) transfer to the authorized federal body the savings for housing in accordance with the forecast of the need for housing made by the authorized federal body funds for payments from savings for housing and a trust agreement;
11) disclose, in accordance with Clause 2 of Part 7 of Article 24 of this Federal Law, information on the composition of shareholders (participants) of the management company and their shares in the capital, as well as on affiliated persons. The terms and procedure for submitting the specified information to the authorized federal body are established by the trust management agreement;
12) comply with the code of professional ethics;
13) annually conduct audit financial (accounting) statements;
14) submit to the authorized federal body and the Central Bank of the Russian Federation a report on the investment of savings for housing and a report on investment income in the manner and within the time limits established by the trust agreement;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
15) inform the authorized federal body about the suspension of the license or the cancellation of the license, about changes in the constituent documents of the management company, the composition of shareholders (participants), the management team, the composition of the employees of the management company providing investment of savings for housing, and the composition of affiliated persons in the manner and within the time frame established by the trust agreement;
16) to make, at the expense of savings for housing, transactions with securities specified in clauses 2 - 5 of part 1 of article 16 of this Federal Law, only at organized auctions;
(as amended by Federal Law of 21.11.2011 N 327-FZ)
17) transfer to a specialized depository for accounting and (or) storage of assets in which savings for housing are invested, if for certain types property is not provided otherwise by the regulatory legal acts of the Russian Federation;
18) transfer to a specialized depository copies of all primary documents in relation to assets in which savings for housing have been invested, no later than the working day following the day they were drawn up or received;
19) develop and comply with the internal regulations for transactions with savings for housing, which determines:
a) the procedure for making and implementing decisions on investing savings for housing;
b) the procedure for exercising control over risks when performing operations on investment of savings for housing provision;
c) the procedure for exercising control over the use and safety of savings for housing, transferred to the trust management of the management company;
d) the procedure for organizing document flow in the management company, as well as between the management company and a specialized depository;
e) the procedure for ensuring the protection of official information on operations for the investment of savings for housing from unauthorized access;
20) comply with other requirements provided for by this Federal Law, other federal laws, regulatory legal acts of the Russian Federation and regulatory acts of the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Article 21. Specialized depositary
1. Provision of services for the storage of securities certificates in documentary form and accounting for rights to securities in which savings for housing are invested, transferred to trust management companies, as well as control over the disposal of these savings can only be carried out by a specialized depository selected as a result of a tender. holding a license to carry out depository activities and a license to operate a specialized depository of investment funds, mutual investment funds and non-state pension funds, who has insured liability in accordance with Article 31 of this Federal Law, complying with the requirements established by the Central Bank of the Russian Federation on the adequacy of its own funds in relation to the volume of serviced assets that is not affiliated with any of the trustee management companies or their affiliates and has accepted a code of professional ethics that meets the requirements of this Federal Law. At the same time, the structure of shareholders (participants) of a specialized depository cannot include organizations registered in foreign countries, which provide a favorable tax regime and (or) do not provide for the disclosure and provision of information during financial transactions, or on the territory of the Russian Federation where special tax regime (offshore zones).
(as amended by Federal Law of 23.07.2013 N 251-FZ)
2. The specialized depository is obliged:
1) bear jointly and severally with the management company that has entered into a trust management agreement, liability in the event of failure to fulfill the obligations provided for in this article;
2) open a separate depo account in the name of each management company with which an agreement on the provision of specialized depository services has been concluded to record the rights to securities acquired from savings for housing;
3) keep records of rights to securities acquired as a result of investing savings for housing, and records of the transfer of rights to such securities, as well as storage of securities certificates, unless otherwise provided for by regulatory legal acts of the Russian Federation for certain types of securities;
4) accept and store copies of all primary documents in relation to savings for housing, transferred by the authorized federal body to trust management companies;
5) notify the authorized federal body, the Central Bank of the Russian Federation and the management company about violations revealed in the process of monitoring no later than one business day following the day of their detection;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
6) inform the authorized federal body about the suspension of the license or its revocation, about changes in the constituent documents, the composition of shareholders (participants), the management team, the composition of the specialized depository's employees who provide the services of the specialized depository to the authorized federal body and management companies, and the composition of affiliates of the specialized the depositary in the manner and within the time frames established by the agreement on the provision of services of a specialized depository;
7) is no longer valid. - Federal Law of June 29, 2015 N 210-FZ;
8) ensure the transfer of their rights and obligations in respect of savings for housing, formed in accordance with this Federal Law, to another specialized depository in the event of termination of the agreement on the provision of services of a specialized depository to the authorized federal body or management companies in the manner and within the time limits established by the specified agreement;
9) submit to the management company, the authorized federal body and the Central Bank of the Russian Federation reports on the performance of operations, types and market value of securities accounted for in accordance with agreements on the provision of specialized depository services to the authorized federal body and the management company, in the form and within the time frame, which are established by the Central Bank of the Russian Federation;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
10) submit to the authorized federal body and the Central Bank of the Russian Federation information on the value of net assets held in trust on the basis of trust agreements with management companies, in the manner and within the time limits established by the agreement on the provision of specialized depository services;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
11) not to combine activities as a specialized depository with other licensed activities, with the exception of depository or banking, with depository activities, which are related to the conduct, on the basis of agreements with trade organizers and (or) a clearing organization, of depositary operations under contracts with securities concluded in organized trading;
(Clause 11 as amended by Federal Law of 21.11.2011 N 327-FZ)
12) disclose, in accordance with Clause 2 of Part 7 of Article 24 of this Federal Law, information on the composition of shareholders (participants) and their shares in the capital, as well as on affiliated persons. The terms and procedure for submitting the specified information to the authorized federal body are established by an agreement on the provision of services of a specialized depository to the authorized federal body;
13) comply with the code of professional ethics;
14) annually conduct an audit of financial (accounting) statements;
15) exercise control over the compliance of the activities for the disposal of savings for housing, transferred by the authorized federal body to trust management companies, with the requirements of this Federal Law, other regulatory legal acts, regulations of the Central Bank of the Russian Federation and the investment declaration of the management company;
16) exercise control over the determination of the value of net assets held in trust by management companies;
17) exercise control over the transfer of funds by management companies to the authorized federal body for the use of participants in the accumulation and mortgage system;
18) comply with other requirements provided for by this Federal Law, other federal and other regulatory legal acts of the Russian Federation, regulatory acts of the Central Bank of the Russian Federation and relevant agreements with the authorized federal body and management companies.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Article 22. Broker carrying out transactions with savings for housing
1. To carry out transactions with savings for housing, the broker must meet the following requirements:
1) have experience in carrying out brokerage activities in the securities market for at least five years, have a license professional participant the securities market;
2) comply with the requirements established by the Central Bank of the Russian Federation on the adequacy of own funds for professional participants in the securities market engaged in brokerage activities, and comply with other requirements established by the Central Bank of the Russian Federation limiting the risks of transactions with securities;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
3) be a participant in organized trading;
(Clause 3 as amended by Federal Law of 21.11.2011 N 327-FZ)
4) accept and comply with a code of professional ethics that meets the requirements of this Federal Law.
2. An organization cannot be admitted to transactions with savings for housing as a broker if:
1) the organization was subject to insolvency (bankruptcy) procedures (supervision, financial recovery, external management, bankruptcy proceedings) or sanctions in the form of suspension of the license of a professional participant in the securities market or revocation of such a license within the last two years;
2) the organization had losses as a result of one of two recent years or at the last reporting date;
3) the organization is an affiliate of the management company or its affiliates, an affiliate of a specialized depository or its affiliates.
3. A broker carrying out transactions with savings for housing must:
1) open a separate bank account (special brokerage account) in a credit institution that meets the requirements established by Article 23 of this Federal Law to record funds received by the broker in accordance with an agreement concluded with the management company;
2) keep separate accounting records of funds received from the management company.
4. The broker is not entitled to use in his own interests the savings for housing, received from the management company and recorded in a separate bank account (special brokerage account).
Article 23. Credit organizations in which savings for housing are placed
(as amended by Federal Law of 23.07.2013 N 251-FZ)
1. Credit institutions that carry out transactions with monetary funds when investing savings for housing and paying savings for housing, including placing funds on deposits, must meet the requirements established by the legislation of the Russian Federation for credit institutions- system participants compulsory insurance deposits individuals in the banks of the Russian Federation. This provision does not apply when opening accounts with credit institutions that act as settlement centers for trade organizers.
2. The Central Bank of the Russian Federation has the right to establish additional requirements for credit institutions in which savings for housing are placed.
Article 24. Tenders for the conclusion of an agreement on the provision of services of a specialized depository to the authorized federal body and trust management agreements
1. An agreement on the provision of services of a specialized depository to an authorized federal body and trust management agreements are concluded between the authorized federal body and a specialized depository, trustees based on the results of tenders.
(as amended by Federal Law of 28.12.2013 N 396-FZ)
2. The tenders specified in part 1 of this article shall be carried out in accordance with the legislation of the Russian Federation on the contractual system in the field of procurement of goods, works, services to meet state and municipal needs and in accordance with the requirements of this Federal Law.
(as amended by Federal Laws of 02.02.2006 N 19-FZ, of 28.12.2013 N 396-FZ)
3. A specialized depository is allowed to participate in the tender for the conclusion of an agreement on the provision of services of a specialized depository to an authorized body, which has received, in the prescribed manner, a license to carry out depository activities and a license to operate a specialized depository of investment funds, mutual investment funds and non-state pension funds, if it corresponds at the time of the tender, the provisions established by part 1 and paragraph 11 of part 2 of Article 21 of this Federal Law, and insolvency (bankruptcy) procedures (supervision, financial recovery, external management, bankruptcy proceedings) or sanctions in the form of suspension of the license for carrying out depository activities or licenses for carrying out activities of a specialized depository of investment funds, mutual investment funds and non-state pension funds or cancellation specified licenses within the last two years prior to the application for participation in the competition.
4. A management company is allowed to participate in the tender for the conclusion of a trust management agreement if it has received, in accordance with the established procedure, a license to operate investment funds, unit investment funds and non-state pension funds, if at the time of the tender it is not an affiliate of a specialized depository or its affiliated persons and were not subject to insolvency (bankruptcy) procedures (supervision, financial recovery, external management, bankruptcy proceedings) or sanctions in the form of suspension of the specified license or its cancellation within the last two years prior to submitting an application for participation in the tender.
5. In the terms of the tender for the conclusion of trust agreements, the investment mandate must be indicated. The investment mandate may include both all classes or types of assets permitted in accordance with this Federal Law, as well as individual classes or types of permitted assets that may be included in the investment declaration of the management company.
(as amended by Federal Law of 28.06.2011 N 168-FZ)
6. The list of requirements for bidders must contain:
1) the requirement that the participant of the competition has professional experience in carrying out activities as a management company (specialized depository) of investment funds, mutual funds or non-state pension funds;
2) requirement for minimum size assets under the management of a management company for bidders from among management companies;
3) minimum size requirement equity capital management company (specialized depository);
4) the requirement for the minimum number of clients in respect of whom the services of the management company (specialized depository) are provided;
5) requirements for professional qualifications and minimum work experience of employees of the management company (specialized depository);
6) other requirements established by the Central Bank of the Russian Federation in the regulations on the procedure and conditions for holding tenders.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
7. The application for participation in the tender must comply with the requirements established by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs." Simultaneously with applications for participation in the competition, the participants of the competition are obliged to submit to the authorized federal body the following information and documents:
(as amended by Federal Laws of 04.12.2007 N 324-FZ, of 28.12.2013 N 396-FZ)
1) certified by the auditor balance sheet and a profit and loss statement for the last three years preceding the submission of the application for participation in the competition;
2) a list of information about shareholders (participants), including shareholders (participants) of shareholders (participants), certified by the head of the tender participant, and about other affiliated individuals and legal entities, including:
a) full name and location (address) of a shareholder (participant) - a legal entity, surname, name, patronymic, citizenship and place of residence (address) of a shareholder (participant) - an individual;
b) the date and number of the certificate state registration a legal entity, as well as a certificate of registration with the tax authority;
c) data on changes in the name and organizational and legal form of the organization;
d) last name, first name, patronymic and place of residence (address) of the head of the executive body or the sole head of the organization;
e) the size of the share of the respective shareholder (participant) in the authorized (pooled) capital of the tender participant;
f) information on shareholders (participants) of shareholders (participants) (whose share in the authorized (pooled) capital of the organization exceeds 5 percent), containing the full name or surname, first name and patronymic, taxpayer identification number, location or place of residence (address) of each of the shareholders (participants), as well as the size of their share in the authorized (pooled) capital;
3) other documents determined by the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
8. To conclude an agreement on the provision of services of a specialized depository, based on the results of a tender, one specialized depository is selected.
9. The number of management companies selected based on the results of the competition for concluding trust management agreements is established by the terms of the competition. Based on the results of the first competition from the date of entry into force of this Federal Law, at least three management companies are selected to conclude trust management agreements. If, as a result of the next competition total there are less than three management companies with which trust management agreements have been concluded, and management companies that are admitted to concluding these agreements based on the results of this competition, an additional competition is held with adjustments to the selection criteria.
10. The proportion in which the savings for housing, intended for transfer to trust, will be distributed among the management companies with which trust management contracts are concluded based on the results of the competition, and the criteria for determining it are specified in the conditions of the competition.
11. A specialized depositary that has entered into an agreement on the provision of services of a specialized depository with By the Pension Fund Russian Federation.
12. A management company or a specialized depository is not allowed to participate in the tender if the authorized federal body has refused to conclude an agreement with the said management company or a specialized depository on the grounds provided for, respectively, in Parts 12 and 14 of Article 17 and Parts 6 and 8 of Article 18 of this Federal Law , and less than two years have passed since such a refusal.
13. The terms and conditions of tenders for the conclusion of an agreement on the provision of services of a specialized depository to the authorized federal body and trust management agreements, the criteria and procedure for determining the aggregate weighted assessment (rating) of a specialized depository and a management company are established by the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Article 25. Transfer of savings for housing by the authorized federal body to management companies and the specifics of carrying out operations with these savings
1. Savings for housing provision in order to be transferred to management companies are formed from savings contributions and other savings for housing provision on the grounds provided for by this Federal Law, with the exception of funds that, in accordance with the approved annual financial plan of the authorized federal body, are sent to them for targeted use by participants accumulation and mortgage system at the expense of savings for housing for three months following the day of receipt by the authorized federal body of accumulative contributions and other savings for housing.
2. To carry out transactions with savings for housing, the management company must open a separate bank account (separate bank accounts) with a credit institution that meets the requirements of Article 23 of this Federal Law. The funds in the specified account (accounts) cannot be levied on the obligations of the authorized federal body, specialized depository or management company that are not related to the targeted use by the participants of the accumulation and mortgage system of savings for housing.
3. The transfer of savings for housing, formed in the manner prescribed by part 1 of this article, is carried out by the authorized federal body by transferring them to a separate bank account (separate bank accounts) of management companies in the manner and within the time limits established by trust agreements.
4. The subjects of relations on the formation and investment of savings for housing, other persons involved in the process of investing savings for housing are not entitled to:
1) receive on the terms of loan agreements or credit agreements cash or other property subject to return from savings for housing;
2) transfer to a separate bank account (separate bank accounts) to carry out operations with savings for housing security funds that are not savings for housing security.
5. Management companies, when carrying out operations with savings for housing provision, are not entitled to:
1) to write off (issue) funds from a separate bank account (separate bank accounts) to carry out operations with savings for housing for purposes other than the goals established by this Federal Law, and without the prior consent of a specialized depository;
2) transfer savings for housing provision free of charge;
3) provide loans at the expense of savings for housing;
4) purchase securities from their affiliates at the expense of savings for housing;
5) acquire ownership of securities included in the investment portfolio;
6) purchase, at the expense of savings for housing, securities owned by the management company;
7) sell securities included in the investment portfolio to the shareholders (participants) of the management company.
6. When investing savings for housing, management companies are not entitled to make margin transactions.
Article 26. Investment declaration of the management company
(as amended by Federal Law of 28.06.2011 N 168-FZ)
1. Requirements for the purposes of investment of savings for housing, the composition and structure of the investment portfolio are determined in the investment declaration of the management company.
2. The investment declaration of the management company must contain:
1) an indication of the purpose of investment of savings for housing and a description of the investment policy of the management company in relation to the funds transferred to trust;
2) a list of investment objects (types of assets) that the management company has the right to acquire at the expense of savings for housing, transferred to it in trust by the federal authorized body;
3) a description of the risks associated with investing in investment objects (types of assets) that the management company has the right to acquire from savings for housing, transferred to it for trust management by the federal authorized body;
4) the structure of the investment portfolio.
(Clause 4 as amended by Federal Law of 28.06.2011 N 168-FZ)
3. Abolished. - Federal Law of June 28, 2011 N 168-FZ.
4. The investment declaration of the management company is approved by the management company and submitted to the authorized federal body within the time period established by the trust agreement, and in the case provided for in clause 3.1 of Part 2 of Article 20 of this Federal Law, within the time period established by the authorized federal body.
(Part 4 as amended by Federal Law of 28.06.2011 N 168-FZ)
5. The structure of the investment portfolio can be determined in the form of an investment index. In this case, the index according to which the investment is made must be approved by the Central Bank of the Russian Federation. The specifics of managing an investment portfolio, the structure of which is defined in the form of an investment index, as well as the specifics of an investment declaration, are established by a trust agreement.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Article 27. Requirements for the structure of the aggregate investment portfolio and requirements for the structure of the investment portfolio
1. The structure of the aggregate investment portfolio must meet the following basic requirements:
1) the maximum share of securities of one issuer or a group of related issuers in the aggregate investment portfolio should not exceed 10 percent, with the exception of government securities of the Russian Federation;
(as amended by Federal Law of 04.12.2007 N 324-FZ)
2) - 3) are no longer valid. - Federal Law of June 28, 2011 N 168-FZ;
4) the maximum share in the aggregate investment portfolio of shares of one issuer should not exceed 10 percent of its capitalization;
5) the maximum share in the total investment portfolio of bonds of one issuer should not exceed 10 percent of the total volume of bonds of this issuer in circulation, with the exception of government securities of the Russian Federation;
6) government securities of the Russian Federation of one issue must not exceed 30 percent of the outstanding government securities of the Russian Federation of this issue at their par value and 10 percent of the total investment portfolio;
7) is no longer valid. - Federal Law of June 28, 2011 N 168-FZ.
2. Abolished. - Federal Law of June 28, 2011 N 168-FZ.
3. The maximum share in the total investment portfolio of individual asset classes is determined by the Government of the Russian Federation.
4. The minimum share in the aggregate investment portfolio of assets with a high degree of liquidity is established by the Central Bank of the Russian Federation in accordance with the forecast of the need for funds for payments from savings for housing.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
5. The maximum share in the total investment portfolio of securities of foreign issuers and Russian depositary receipts should not exceed 30 percent.
(Part five as amended by Federal Law of 04.12.2007 N 324-FZ)
6. When investing in government securities of the Russian Federation, the management company during the initial placement of bonds cannot submit an application for more than 25 percent of the volume of this issue of bonds declared by the issuer at their par value.
7. If, during the initial placement of any issue of government securities of the Russian Federation, the actual share of the securities acquired by the management company exceeds the limit established by clause 6 of part 1 of this article, it is not entitled to acquire additional government securities of the Russian Federation of this issue until until its share meets the requirements of paragraph 6 of part 1 of this article.
8. The investment portfolio is valued at market value. The volume of bonds in circulation in accordance with the requirements established by part 1 of this article is calculated based on the par value of the bonds.
9. Control over compliance with the requirements for the composition and structure of investment portfolios and the aggregate investment portfolio is carried out by a specialized depository.
(Part nine as amended by Federal Law of 04.12.2007 N 324-FZ)
10. In case of violation of the requirements for the maximum share of a certain class of assets in the structure of the investment portfolio, arising from changes in the market value of securities or their volume in circulation, as a result of the transfer by the management company of the securities constituting the investment portfolio to another management company or for other reasons, not related to the actions of the management company, it is obliged to adjust the structure of assets in accordance with the requirements for the structure of the investment portfolio within six months from the date of detection of the specified violation.
(as amended by Federal Law of 04.12.2007 N 324-FZ)
11. In case of violation of the requirements for the maximum share of a certain class of assets in the structure of the investment portfolio as a result of the actions of the management company, it is obliged to eliminate the violation within thirty days from the date of detection of the specified violation and compensate the authorized federal body for damage caused as a result of deviation from the established structure of assets and transactions committed to adjust the structure of assets.
(as amended by Federal Law of 04.12.2007 N 324-FZ)
12. The procedure for adjusting the aggregate investment portfolio is established by the Government of the Russian Federation.
(Part twelve was introduced by the Federal Law of 04.12.2007 N 324-FZ)
13. The structure of the investment portfolio is determined by the authorized federal body, taking into account the requirements of this article.
(Part 13 is introduced by Federal Law of June 28, 2011 N 168-FZ)
Article 28. Payment of Necessary Expenses for Investing Housing Savings
1. Payment of the necessary expenses for the investment of savings for housing is made from such savings.
2. The amount of payment for the services of a specialized depository rendered by it to the authorized federal body and management companies, as well as the procedure and terms for the accrual and withholding (payment) of remuneration and the amount of payment for the services of a specialized depository shall be determined, respectively, by an agreement of trust management, an agreement on the provision of services of a specialized depository to an authorized federal body and an agreement on the provision of specialized depository services to management companies.
(as amended by Federal Laws of 04.12.2007 N 324-FZ, of 28.06.2011 N 168-FZ)
2.1. The amount of remuneration for the management company under one trust management agreement is the amount, equal to the amount 0.05 percent of the amount of savings for housing (hereinafter - the basic part of remuneration) and 1 percent of positive financial result from the investment of savings for housing, obtained during the reporting year (hereinafter referred to as the financial result), if the profitability does not exceed the average annual refinancing rate of the Central Bank of the Russian Federation for the reporting year (hereinafter referred to as the average annual refinancing rate). If the profitability exceeds the average annual refinancing rate, the amount of remuneration to the management company under one trust management agreement is equal to the sum of the basic part of remuneration, 1 percent of the basic financial result and 10 percent of the amount by which the positive financial result exceeds the basic financial result.
(Part 2.1 was introduced by Federal Law of June 28, 2011 N 168-FZ)
2.2. The amount of savings for housing in order to calculate the amount of remuneration for the management company in accordance with part 2.1 of this article is calculated based on:
1) the value of the net assets of the investment portfolio, calculated at the beginning of the reporting year or, if the trust management agreement was concluded in the current year, as of the date of the conclusion of the specified agreement;
2) the amount of savings for housing, transferred by the authorized federal body to the investment portfolio in the current year, minus the amount of savings for housing, transferred in the current year from the investment portfolio to the authorized federal body or a person indicated by it.
(Part 2.2 is introduced by the Federal Law of June 28, 2011 N 168-FZ)
2.3. The procedure for calculating the financial result for the purpose of calculating the amount of remuneration for the management company in accordance with part 2.1 of this article is established by the Central Bank of the Russian Federation.
(Part 2.3 introduced by Federal Law No. 168-FZ of June 28, 2011, as revised by No. 251-FZ Federal Law of July 23, 2013)
3. The basic financial result for the purpose of calculating the amount of remuneration for the management company in accordance with part 2.1 of this article is calculated based on the average annual refinancing rate and the amount of savings for housing.
(Part 3 as amended by Federal Law of 28.06.2011 N 168-FZ)
3.1. If at the end of the reporting year the financial result turns out to be negative, the base part of the remuneration received by the management company during the reporting year is subject to return to the investment portfolio in the amount of the specified financial result, but not more than 50 percent of the received base part of the remuneration.
(Part three.1 was introduced by Federal Law of 04.12.2007 N 324-FZ, as revised by Federal Law of 28.06.2011 N 168-FZ)
4. The total expenses for paying the necessary expenses of management companies cannot exceed 1 percent average cost of net assets held in trust by management companies under the relevant agreements for the reporting year, including payment for the services of a specialized depository under agreements with the authorized federal body and management companies cannot exceed 0.08 percent of the thus calculated average net asset value, increased by the amount of actual expenses incurred by the specialized depositary in connection with the consideration of the rights to securities in which savings for housing have been invested in custody accounts of the nominee holder.
(as amended by Federal Law of 04.12.2007 N 324-FZ)
5. The necessary expenses for the investment of savings for housing include expenses that are directly related to the trust management of funds transferred to management companies, as well as expenses for payment of services of a specialized depository rendered by them to the authorized federal body and management companies, payment for the services of auditors in accordance with the provisions Article 29 of this Federal Law, payment for the services of insurers under liability insurance contracts in accordance with the provisions of Article 31 of this Federal Law and payment for the services of other participants in relations on the formation and investment of savings for housing.
6. Savings for housing cannot be used for the maintenance of an authorized federal body.
7. Abolished. - Federal Law of June 28, 2011 N 168-FZ.
8. When reflecting the amount of savings for housing on the registered savings accounts of participants, the specified amount is adjusted taking into account the costs specified in part 1 of this article.
Article 29. Requirements for the audit of legal entities participating in the accumulation and mortgage system
1. Financial (accounting) statements on the formation and investment of savings for housing maintenance of management companies, as well as financing the targeted use of savings for housing maintenance is subject to mandatory audit.
2. The financial (accounting) statements of the specialized depository in the exercise of the function of control over the compliance of the activities of managing the management companies with savings for housing provision with the requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, regulatory acts of the Central Bank of the Russian Federation, investment declarations management companies, as well as other functions stipulated by the agreement on the provision of services of a specialized depository to the authorized federal body and the agreement on the provision of services of a specialized depository to management companies, is subject to mandatory audit.
(as amended by Federal Laws of 28.06.2011 N 168-FZ, of 23.07.2013 N 251-FZ)
3. An audit organization carrying out activities in accordance with parts 1 and 2 of this article cannot be an affiliate of a specialized depository or a management company with which the authorized federal body has concluded contracts in accordance with the provisions of this Federal Law, or an affiliate of affiliates of the said specialized depository or management company. One and the same audit organization cannot conduct a mandatory audit of the activities of the management company (specialized depository) for more than five consecutive years.
4. The need to conduct a statutory audit in accordance with the requirements of this article does not relieve legal entities participating in the savings and mortgage system from the obligation to provide all the necessary information and reporting for audits conducted by the Accounts Chamber of the Russian Federation in accordance with the legislation of the Russian Federation.
Article 31. Liability insurance of a specialized depository and management companies
1. The specialized depository is obliged to insure the risk of its liability to the authorized federal body and management companies for violations of agreements on the provision of services of a specialized depository to the authorized federal body and management companies caused by mistakes, negligence or deliberate unlawful actions (inaction) of employees of the specialized depository or deliberate illegal actions ( inaction) of other persons. These illegal actions (inaction) include crimes in the field of computer information, crimes against the interests of service in commercial and other organizations, crimes in the field of economics.
2. Management companies are obliged to insure the risk of their liability to the authorized federal body for violations of trust management agreements caused by mistakes, negligence or deliberate illegal actions (inaction) of employees of the management company or deliberate illegal actions (inaction) of other persons. These illegal actions (inaction) include crimes in the field of computer information, crimes against the interests of service in commercial and other organizations, crimes in the field of economics.
3. Sum insured, within which the insurer undertakes to pay insurance compensation at the onset of each insured event during the period of validity of the liability insurance contract of a specialized depository specified in part 1 of this article, it cannot be less than 30 million rubles.
4. The sum insured, within which the insurer undertakes to pay insurance compensation upon the occurrence of each insured event during the validity period of the liability insurance contract of the management company specified in part 2 of this article, may not be less than:
1) 5 percent of the amount of savings for housing, transferred to the trust management of this management company, if the specified amount is not more than 600 million rubles;
2) 30 million rubles, if the amount of savings for housing, transferred to the trust management of this management company, exceeds 600 million rubles.
5. If the terms of the liability insurance agreement of the specialized depository and the liability insurance agreement of the management company provide for a partial exemption of the insurer from paying insurance compensation (deductible), the amount of such exemption (deductible) cannot exceed the amount of the policyholder's own funds at the time of the insured event.
6. The specialized depository and management companies insure the risk of their liability by concluding appropriate insurance contracts with insurers that meet the requirements established by part 8 of this article, as well as other requirements of the legislation of the Russian Federation.
7. The specialized depository and management companies that have not concluded the relevant liability insurance contracts in accordance with the requirements of this article shall not be entitled to carry out operations related to the investment of savings for housing. Insurers shall inform the authorized federal body in accordance with the procedure established by it about the conclusion, extension and termination of the term of the liability insurance agreement of the specialized depository and the liability insurance agreement of management companies.
8. The insurance of the liability risk of a specialized depository and insurance of the risk of liability of management companies specified in parts 1 and 2 of this Article may be carried out by insurance organizations that meet the following requirements as insurers:
1) having a license to carry out liability insurance of the subjects of relations for the investment of savings for housing, issued in accordance with the legislation of the Russian Federation, which regulates insurance activities;
(as amended by Federal Law of 23.07.2013 N 251-FZ)
2) having capital (own funds) in the amount of at least 1 billion rubles or carrying out the specified insurance in the manner of co-insurance with other insurance organizations having in aggregate capital of at least 1 billion rubles;
3) have experience in insuring the relevant liability risks specified in paragraphs 1 and 2 of this article for at least three years.
9. The contract of liability insurance of the subjects of relations on investment of savings for housing cannot be concluded with an insurance organization if:
1) insolvency (bankruptcy) procedures (supervision, financial rehabilitation, external management, bankruptcy proceedings) were applied to it or sanctions in the form of suspension of a license to carry out insurance activities or cancellation of such a license within the last two years;
2) it is an affiliate of a specialized depository or a management company with which the authorized federal body has concluded contracts in accordance with Article 17 or Article 18 of this Federal Law, or an affiliate of their affiliates.
10. Insurance organizations carrying out the reinsurance of the risks assumed by insurers under liability insurance contracts of the subjects of relations for the investment of savings for housing must comply with the requirements established by paragraph 2 of part 8 of this article.
11. Government regulation insurance rates are carried out by establishing economically justified insurance rates or their limit levels in accordance with this Federal Law, as well as the structure of insurance rates and the procedure for their application by insurers when determining the amount of insurance premium under a liability insurance contract.
12. The maximum levels of insurance rates for liability insurance, their structure and the procedure for applying by insurers when determining the amount of insurance premiums under a liability insurance contract are established by the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
13. Insurers shall notify the Central Bank of the Russian Federation about specific insurance organizations with which they have entered into appropriate reinsurance contracts, in accordance with the procedure established by the said body.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Article 32. Conflict of interest
1. Measures to prevent the emergence of a conflict of interest in relation to officials of the authorized federal body exercising the functions of legal regulation, state control (supervision) in the field of relations on the formation, investment and use of savings for housing provision are carried out by the Government of the Russian Federation.
(Part 1 as amended by Federal Law of 23.07.2013 N 251-FZ)
2. Measures to prevent the emergence of a conflict of interest in relation to officials of management companies, a specialized depository and other subjects of relations for investment of savings for housing are established in the codes of professional ethics of the respective organizations.
3. Measures to prevent the emergence of a conflict of interest in relation to employees of the Central Bank of the Russian Federation shall be established by the Central Bank of the Russian Federation.
(Part 3 is introduced by the Federal Law of 23.07.2013 N 251-FZ)
1. The Model Code of Professional Ethics is a normative act aimed at protecting the rights and legitimate interests the owner of savings for housing and participants and subject to execution by officials and employees of organizations participating in work with savings for housing in accordance with this Federal Law.
2. Codes of professional ethics are adopted by management companies, brokers, a specialized depository on the basis of a standard code of professional ethics approved for the purposes of this Federal Law by the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
3. The code of professional ethics should include a set of rules and procedures that must be followed by all officials and employees of the relevant organizations, as well as the sanctions applied to violators for non-compliance.
4. The requirements of the code of professional ethics should be aimed at:
1) identification and prevention of a conflict of interests of a specialized depository, management companies, brokers when investing savings for housing;
2) identification and prevention of conflicts of interests of individual officials and employees of management companies, a specialized depository, brokers in terms of managing investment of savings for housing;
3) prevention of the use by officials and employees of information at the disposal of a specialized depository, management company, broker, the dissemination of which may affect the market price of assets in which savings for housing are placed, as well as information that is not subject to publication, in order to extract material and personal gain as a result of the purchase (sale) of securities;
4) ensuring the protection of commercial secrets in terms of investing savings for housing, transferred to trust;
5) compliance with other requirements of professional ethics determined by the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
5. Abolished. - Federal Law of June 29, 2015 N 210-FZ.
6. The specialized depository, management companies and brokers are obliged to regularly submit to the Central Bank of the Russian Federation reports on compliance with the requirements of the relevant codes of professional ethics in the implementation of their activities. The procedure, terms and form of submission of the said reporting are established by the Central Bank of the Russian Federation.
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Chapter 6. REGULATION, CONTROL AND SUPERVISION IN THE SPHERE OF RELATIONS
FOR THE FORMATION, INVESTMENT AND USE OF ACCUMULATIONS
FOR HOUSING SUPPLY
(as amended by Federal Law of 23.07.2013 N 251-FZ)
Article 34. Regulation, control and supervision in the field of relations on the formation, investment and use of savings for housing
(as amended by Federal Law of 23.07.2013 N 251-FZ)
1. State regulation, state control (supervision) in the sphere of relations on the formation, investment and use of savings for housing provision shall be carried out in accordance with this Federal Law, other federal laws, decrees of the Government of the Russian Federation, regulatory legal acts of the authorized federal body.
2. State control (supervision) over the targeted use of budgetary appropriations and savings for housing provision shall be carried out in accordance with the legislation of the Russian Federation.
3. Regulation in the field of relations on investment of savings for housing, supervision over the observance by a specialized depository, management companies, credit institutions and brokers of the requirements of this Federal Law, other regulatory legal acts of the Russian Federation and regulatory acts of the Central Bank of the Russian Federation regulating relations related to investment of savings for housing, carried out by the Central Bank of the Russian Federation.
Article 35. Exercise by the authorized federal executive body and the Central Bank of the Russian Federation of the functions of legal regulation, state control (supervision) in the field of relations on the formation, investment and use of savings for housing
(as amended by Federal Law of 23.07.2013 N 251-FZ)
1. The authorized federal executive body performing the functions of normative legal regulation, state control (supervision) in the field of relations on the formation, investment and use of savings for housing, shall exercise the following functions and powers:
1) adopts regulatory legal acts in the field of formation, investment and use of savings for housing;
2) exercise control over the observance of the legislation of the Russian Federation on the formation and use of savings for housing provision by federal executive authorities, in which military service is provided for by federal law;
3) receives from the federal executive bodies, in which the federal law provides for military service, information on their activities for the formation and use of savings for housing, as well as other information, taking into account the requirements of federal laws;
4) appeals to federal executive authorities, in which military service is provided for by federal law, on issues related to the observance of the procedure for the formation and use of savings for housing;
5) issue instructions to federal executive bodies, in which federal law provides for military service, on the elimination of identified violations of the legislation of the Russian Federation on the formation and use of savings for housing. In the event that the issuance of these orders falls within the competence of other federal executive bodies, an application for the issuance of orders shall be sent to the appropriate federal executive body, which, according to the said request, is obliged to immediately send a corresponding order to the federal executive bodies, in which military service is provided for by federal law;
6) considers reports on the receipt of savings contributions and the direction of savings for housing for investment, on the funds recorded in the registered savings accounts of participants, on the use of savings for housing by participants, as well as on the results of investment of savings for housing, transferred to trust management companies;
7) apply to the court with claims to protect the rights and legitimate interests of the owner of savings for housing, to eliminate the consequences of violation of the legislation of the Russian Federation and to compensate for losses caused by the subjects of relations on the formation and investment of savings for housing as a result of violation of the legislation of the Russian Federation;
8) takes other actions provided for by this Federal Law, other federal laws and the regulations approved by the Government of the Russian Federation on the authorized federal executive body exercising functions of legal regulation, state control (supervision) in the field of relations on the formation, investment and use of savings for housing.
2. The Central Bank of the Russian Federation shall exercise the following functions and powers:
1) regulates the activities of a specialized depository, management companies, credit institutions and brokers in the field of relations for the investment of savings for housing;
2) takes regulations in the field of investment savings for housing;
3) supervise compliance with the legislation of the Russian Federation on investment of savings for housing provision of military personnel by a specialized depository, management companies, credit institutions and brokers;
4) receives from a specialized depository, management companies, credit institutions and brokers information on their activities to invest savings for housing, as well as other information, taking into account the requirements of federal laws;
5) issue instructions to a specialized depository, management companies, credit institutions and brokers to eliminate the identified violations of the legislation of the Russian Federation on investing savings for housing;
6) considers audit reports on the reporting of a specialized depository, management companies, credit institutions and brokers for investing savings for housing;
7) conducts inspections of a specialized depository, management companies, credit institutions and brokers;
8) send to the specialized depository, management companies, credit institutions and brokers binding orders to eliminate the identified violations of the legislation of the Russian Federation on investing savings for housing for military personnel, as well as to submit to the Central Bank of the Russian Federation information necessary to supervise compliance with the specified by persons of the requirements of this Federal Law, other federal laws and regulations of the Central Bank of the Russian Federation governing relations on investment of savings for housing;
9) takes other actions provided for by this Federal Law, other federal laws in the field of relations on investment of savings for housing.
Chapter 7. FINAL PROVISIONS
Article 36. Entry into force of this Federal Law
The president
Russian Federation
Moscow Kremlin