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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 14, 2019 No. 1680

About approval of Rules of payment of compensation to the citizens who are members of housing cooperative or other specialized consumer cooperative which is created according to article 201.10 of the Federal law "About Insolvency (Bankruptcy)" and to which the rights of the builder to object of construction in progress and the parcel of land were transferred

(as amended on 09-04-2021)

According to part 5 of article 13.3 of the Federal law "About the Public Company on Protection of the Rights of Citizens — Participants of Shared-equity Construction in case of Insolvency (Bankruptcy) of Builders and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

Approve the enclosed Rules of payment of compensation to the citizens who are members of housing cooperative or other specialized consumer cooperative which is created according to article 201.10 of the Federal law "About Insolvency (Bankruptcy)" and to which the rights of the builder to object of construction in progress and the parcel of land were transferred.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of December 14, 2019 No. 1680

Rules of payment of compensation to the citizens who are members of housing cooperative or other specialized consumer cooperative which is created according to article 201.10 of the Federal law "About Insolvency (Bankruptcy)" and to which the rights of the builder to object of construction in progress and the parcel of land were transferred

1. These rules establish compensation payment procedure to the citizens who are members of housing cooperative or other specialized consumer cooperative which is created according to article 201.10 of the Federal law "About Insolvency (Bankruptcy)" and to which the rights of the builder to object of construction in progress and the parcel of land (further respectively - compensation, cooperative), including procedure for the appeal of cooperative for compensation payment, the list of the documents necessary for compensation payment, and the basis of acceptance by the public company "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" were transferred (further - Fund) of the decision on compensation payment to the citizen - to the member of cooperative.

2. The citizen - the member of cooperative in these rules is understood as the citizen who is the member of cooperative whose requirements are extinguished in the case of bankruptcy of builder in connection with transfer to cooperative of the rights of the builder to object of construction in progress and the parcel of land and which has concerning cooperative of the requirement about transfer of the premises, the parking place and (or) the non-residential premise determined by subitem 3.1 of Item 1 of article 201.1 of the Federal law "About Insolvency (Bankruptcy)" (further - the non-residential premise), in the apartment house, the apartment house of the blocked building consisting of 3 and more blocks, the building (construction) intended only for placement of parking places (further - construction object).

3. The cooperative has the right to address to Fund for compensation payment to citizens - to members of cooperative concerning one or several construction objects in which the cooperative shall transfer to such citizens premises, parking places and (or) non-residential premises.

4. For compensation payment to citizens - to members of cooperative the cooperative files in Fund application (further - the statement of cooperative) to which the following documents and data are enclosed:

a) the notarized copy of the decision of body of the cooperative authorized according to the charter of cooperative on adoption of the relevant decision about the appeal to Fund;

b) notarized copy of the charter of cooperative;

c) notarized register of members of cooperative;

d) data on construction object concerning which the cooperative addresses for compensation payment to citizens - to members of cooperative, including the data identifying construction object;

e) the list of citizens - members of cooperative with indication of the size of requirements of each citizen - the member of cooperative, the rights of the builder to object of construction in progress and the parcel of land extinguished in connection with transfer to cooperative according to the register of requirements of participants of construction (the register of requirements about transfer of premises);

e) data on requirements of citizens - members of cooperative to cooperative about transfer of premises, parking place and (or) non-residential premise in construction object with indication of data on each premises, the parking place and the non-residential premise (including data on room space, the parking place) about which transfer citizens - members of cooperative have requirements, and the corresponding construction object;

g) data on introduction by citizens - members of cooperative of shares with indication of the size of such fees and unexecuted obligations of citizens - members of cooperatives for introduction of such fees (in the presence of the specified fees and (or) obligations).

5. The statement of cooperative with application of documents and the data, stipulated in Item 4 these rules, goes to Fund the registered mail with the assurance of receipt or through unified information system of housing construction.

6. The fund considers the application of cooperative within 3 months from the date of its receipt.

7. In case of need obtaining by Fund of information confirming reliability of the data provided by cooperative at cooperative, citizens - members of cooperative and (or) other persons the term of consideration of the application of cooperative by Fund can be prolonged for a period of up to one month. The Fund notifies cooperative on prolongation of the specified term by the registered mail with the assurance of receipt or through unified information system of housing construction.

8. By results of consideration of the application of cooperative the Fund makes the decision on payment of compensation or on refusal in compensation payment. The decision on refusal in payment of compensation is made by Fund in the presence of one of the following bases:

a) the cooperative does not submit documents and (or) data, stipulated in Item 4 these rules;

b) The fund on the basis the appeal of the cooperative provided by part 1 of article 13.3 of the Federal law "About the Public Company on Protection of the Rights of Citizens — Participants of Shared-equity Construction in case of Insolvency (Bankruptcy) of Builders and about Modification of Separate Legal Acts of the Russian Federation" makes the decision on financing of actions for completion of asset construction of the construction specified in the statement of cooperative;

c) the construction object specified in the statement of cooperative is put into operation;

d) the cooperative is declared bankrupt and concerning it bankruptcy proceedings are opened.

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