of August 1, 2018 No. 897
About statement of structure of the documents necessary for carrying out transactions according to the settlement account of the builder
According to part 1 of article 18.2 of the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" Government of the Russian Federation decides:
1. Approve the enclosed structure of the documents necessary for carrying out transactions according to the settlement account of the builder (further - structure of documents).
2. Determine that:
taking into account specific circumstances of interaction of the builder with the technical customer, the prime contractor and contractors, owners and lessors of the parcels of land, including in case of acceptance of the parcels of land in the sublease, sellers (suppliers) of the inventory items acquired directly by the builder, executive bodies of subjects of the Russian Federation and local government bodies, and also other bodies and persons concerning acquisition (obtaining) and use of the parcels of land, execution of agreements on construction of facilities of the real estate, including objects of social, municipal and transport infrastructure, subjects of engineering facilities allow provision by the builder in authorized bank of the documents which are not provided by structure of documents which under the agreement between the builder and authorized bank can be used for confirmation of conformity of appointment and the amount of payment of the builder to the requirements established by the Federal Law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" (further - the Federal Law);
for the purpose of implementation of control of compliance of appointment by authorized bank and the amount of the payment specified on hand, the documents specified to contents of the documents provided by the builder and which are the basis for creation of the order, and requirements of article 18 of the Federal Law are provided by the builder to authorized bank along with the direction of the order. The form and procedure for provision by the builder to authorized bank of such documents are determined by the bank account agreement signed between the builder and authorized bank, and also the parties, obligatory for execution, of the specified agreement bank rules;
does not need provision by the builder the authorized bank of the documents necessary for carrying out transactions according to the settlement account of the builder, in confirmation of appointment and the amount of the payment transactions performed directly between the builder and authorized bank including on payment of services of authorized bank by the builder, in case of placement of temporarily free money of the builder on the deposit in authorized bank in which the settlement account of the builder is opened, and also in cases if according to part 2 of article 18.2 of the Federal Law payment transactions of the builder are not subject to control from authorized bank;
all agreements specified as a part of documents are provided by the builder to authorized bank with all appendices and supplementary agreements, including supplementary agreements about the change in value of works attracting change of the planned construction cost of the apartment houses and (or) other real estate objects specified in the project declaration (project construction cost);
the builder provides to authorized bank once the agreements and other documents necessary for carrying out transactions according to the settlement account of the builder which are the origin basis at the builder of obligations on payment of goods (works, services) and also other documents which provision by the builder in authorized bank according to content and purpose of such documents can be performed once;
the authorized bank has no right to require provision by the builder of the documents containing the construction project information which is subject to disclosure by the builder in accordance with the legislation of the Russian Federation, including placed by the builder in unified information system of housing construction.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of August 1, 2018, No. 897
1. When implementing the payments connected with construction (creation) of one or several apartment houses and (or) other real estate objects which part objects of shared-equity construction are (further - object):
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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