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The document ceased to be valid since January 1, 2021 according to Item 1 of the Order of the Government of the Russian Federation of July 29, 2020 No. 1136

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 19, 2017 No. 469

About approval of Rules of placement and (or) investment of means of compensation fund of indemnification of self-regulatory organization in the field of engineering researches, architectural and construction designing, construction, reconstruction, major repair of capital construction projects

According to part 8 of article 55.16-1 of the Town-planning code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Rules of placement and (or) investment of means of compensation fund of indemnification of self-regulatory organization of engineering researches, architectural and construction designing, construction, reconstruction, major repair of capital construction projects.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of April 19, 2017 No. 469

Rules of placement and (or) investment of means of compensation fund of indemnification of self-regulatory organization of engineering researches, architectural and construction designing, construction, reconstruction, major repair of capital construction projects

1. These rules establish procedure and conditions of placement and (or) investment of means of compensation fund of indemnification of self-regulatory organization in the field of engineering researches, architectural and construction designing, construction, reconstruction, major repair of capital construction projects in the credit institutions conforming to the requirements established by the order of the Government of the Russian Federation of September 27, 2016 No. 970 "About requirements to credit institutions in which it is allowed to place means of compensation funds of self-regulatory organizations in the field of engineering researches, architectural and construction designing, construction, reconstruction, major repair of capital construction projects" (further respectively - credit institution, self-regulatory organization).

2. Means of compensation fund of indemnification of self-regulatory organization for the purpose of preserving and increase in their size in the presence of the relevant decision of general meeting of members of self-regulatory organization are placed only on terms of the contract of bank deposit (deposit) concluded according to the Civil code of the Russian Federation taking into account the features established by the Town-planning code of the Russian Federation and these rules (further - the agreement), in currency of the Russian Federation in the same credit institution in which the special bank account for investment of funds of such compensation fund is opened.

3. The limit of investment of funds of compensation fund of indemnification of self-regulatory organization on terms of the contract for date of their placement cannot exceed 75 percent of the size of means of such compensation fund created according to article 55.16 of the Town-planning code of the Russian Federation.

4. The agreement based on which means of compensation fund of indemnification of self-regulatory organization are placed including shall contain the following essential conditions:

a) the opportunity of early termination by self-regulatory organization unilaterally of the agreement and transfers of means of compensation fund of indemnification of self-regulatory organization and percent on deposit amount on the special bank account no later than one working day from the date of presentation by self-regulatory organization to credit institution of the requirement of early agreement cancelation for the following bases is given:

implementation of payment from means of compensation fund of indemnification of self-regulatory organization as a result of approach of joint liability of self-regulatory organization in cases, stipulated in Article 60 Town-planning codes of the Russian Federation;

money transfer of compensation fund of indemnification of self-regulatory organization in the cases established by parts 13 and 14 of article 3.3 of the Federal law "About Enforcement of the Town-planning Code of the Russian Federation";

discrepancy of credit institution to provisions, stipulated in Item 1 these rules;

application by the Central bank of the Russian Federation to credit institution of the measures provided by Items 3 and 4 of part two of article 74 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)";

b) the opportunity of early termination by credit institution unilaterally of the agreement and transfers of means of compensation fund of indemnification of self-regulatory organization and percent on deposit amount on the special bank account of National merging of self-regulatory organizations which member was the self-regulatory organization, no later than one working day from the date of receipt in credit institution in the cases established by part 6 of article 55.16-1 of the Town-planning code of the Russian Federation and part 4 of article 3.3 of the Federal law "About Enforcement of the Town-planning Code of the Russian Federation", requirement of such National merging of self-regulatory organizations about transfer into its special bank account of means of compensation fund of indemnification of self-regulatory organization, data on which are excluded from the state register of self-regulatory organizations, is given;

c) the duration of the agreement does not exceed one year;

d) return of deposit amount and interest payment on deposit amount is made by credit institution on the special bank account of self-regulatory organization no later than day of return of means of compensation fund of the indemnification of self-regulatory organization established by the agreement or no later than day of return of means of such compensation fund on other bases established by these rules;

e) obligations of credit institution on return of self-regulatory organization of means of compensation fund of indemnification of self-regulatory organization and interest payment on deposit amount are considered performed at the time of transfer of deposit amount and the amount of percent on the special bank account of self-regulatory organization;

e) partial return of deposit amount by credit institution under the agreement is not allowed;

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