ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 16, 2020 No. 291

About approval of Rules of forming of the list of the organizations performing activities for provision of mortgage loans, and requirements imposed to the organizations included in the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of mortgage loans authorized by single institute of development in the housing sphere

According to part 1.1 of article 6.1 of the Federal law "About Consumer Loan (Loan)" and Item 3.3 of part 4 of article 2 of the Federal law "About Assistance to Development and Increase in Management Efficiency in the Housing Sphere and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

Approve enclosed:

Rules of forming of the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of mortgage loans;

requirements imposed to the organizations included in the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of mortgage loans.

Approved by the Order of the Government of the Russian Federation of March 16, 2020 No. 291

Rules of forming of the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of mortgage loans

1. These rules establish procedure for forming of the list of the organizations authorized by ДОМ.РФ joint-stock company performing activities for provision of the loans to physical persons for the purpose of which are not connected with implementation of business activity by them, and obligations of borrowers on which are provided with mortgage (further respectively - society, mortgage loans, authorized organizations).

2. For inclusion in the list of authorized organizations the organization represents to society:

a) the questionnaire statement about inclusion in the list of authorized organizations (further - the statement for inclusion in the list of authorized organizations) which form is published on the official site of society in the Internet (further - Internet network), containing including obligation of the organization to perform activities for provision of mortgage loans according to the standard of mortgage lending approved by society and posted on the official site of society in Internet network (further - the obligation on observance of the standard of mortgage lending), and obligation of the organization to submit on requests of society documents and data on compliance of the organization to requirements imposed to the organizations included in the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of mortgage loans the approved order of the Government of the Russian Federation of March 16, 2020 No. 291 "About approval of Rules of forming of the list of the organizations performing activities for provision of mortgage loans, and requirements imposed to the organizations included in the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of mortgage loans" authorized by single institute of development in the housing sphere (further - requirements to authorized organizations), about accomplishment of the obligation by the organization for observance of the standard of mortgage lending;

b) annual accounting (financial) accounts in structure, stipulated by the legislation the Russian Federation, for the last 2 years preceding year of submission of the statement for inclusion in the list of authorized organizations and also audit opinion about it if in accordance with the legislation of the Russian Federation the accounting (financial) records of the organization are subject to statutory audit;

c) the certificate of availability (absence) of criminal record and (or) the fact of criminal prosecution or of the termination of criminal prosecution concerning person performing functions of sole executive body of the organization, sole executive body of management company to which functions of sole executive body of the organization, the chief accountant of the organization or other official to who conducting financial accounting of the organization, or person with whom the service provision agreement on conducting financial accounting of the organization, the physical persons having rights to dispose of 5 and more percent of votes, falling on voting shares (shares) constituting the authorized capital of the organization, issued not earlier than before 90 days about day of its submission to society is signed is assigned are transferred;

d) consent to processing of personal data of persons specified in the subitem "v" of this Item;

e) the certificate of territorial authority of the Federal Tax Service of execution of obligation by the organization for tax payment, charges, the insurance premiums, penalty fee, penalties and percent which are subject to payment in accordance with the legislation of the Russian Federation about taxes and fees issued not earlier than before 1 month about day of its submission to society;

e) the copy of the agreement on rendering information services signed with bureau of credit histories;

g) copies of the loan agreements specified in the statement for inclusion in the list of authorized organizations and confirming compliance of loan agreements to the criteria established by the subitem "i" of Item 1 of requirements to authorized organizations without specifying of personal data of borrowers. The specified copies of loan agreements are not represented by the organization corresponding to one of the signs specified in Item 2 of requirements to authorized organizations.

3. The organization submits to society the documents specified in Item 2 of these rules by their direction by e-mail which address is subject to specifying on the official site of society in Internet network as the address for the direction of documents and information from the organizations. Documents go in the form of electronic images of documents which make sure the strengthened qualified digital signature of the competent official of the organization or the notary, and in case of signing of the statement for inclusion in the list of authorized organizations by the representative of the organization who is acting on the basis of the power of attorney, - the strengthened qualified digital signature of the notary. The procedure for the direction of the statement for inclusion in the list of authorized organizations and documents is posted by society on the official site in Internet network.

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