Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

It is registered

in Ministry of Justice

Russian Federation

On January 17, 2007, No. 8760

ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS OF THE RUSSIAN FEDERATION

of November 30, 2006 No. 06-137/pz-n

About approval of the Instruction about procedure of payments of standard rates of assessment of financial stability of activities of the builder

(as amended on on December 3, 2009)

According to article 23 of the Federal Law of 30.12.2004 N214-FZ "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" (Russian Federation Code, 2005, N 1, Art. 40; 2006, N 30, the Art. 3287) and item 4 of the order of the Government of the Russian Federation of 21.04.2006 N233 "About Requirements to the Size of Own Money of the Builder, Procedure of Payments of the Size of These Means, and also Standard Rates of Assessment of Financial Stability of Activities of the Builder" (The Russian Federation Code, 2006, N 18, 2001) I order to the Art.:

1. Approve the enclosed Instruction about procedure of payments of standard rates of assessment of financial stability of activities of the builder.

 

Head O. V. Vjugin

Approved by the order of the Federal Service for Financial Markets of November 30, 2006 No. 06-137/pz-n

The instruction about procedure of payments of standard rates of assessment of financial stability of activities of the builder

I. General provisions

1.1. This Instruction determines procedure of payments of standard rates of assessment of financial stability of activities of the builder: standard rate of security of obligations, standard rate of target use of means, standard rate of profitability.

According to Item 1 of article 2 of the Federal Law of 30.12.2004 of N214-FZ "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" the builder is understood as the legal entity irrespective of its form of business having in property or on the lease right the parcel of land and raising money of participants of shared-equity construction for construction (creation) on this parcel of land of apartment houses and (or) other real estate objects, except for subjects to production assignment based on the got construction permit.

1.2. Information necessary for calculation of standard rates of assessment of financial stability of activities of the builder is created based on data of its financial accounting and reveals in accounting records.

Analytics of assets and liabilities shall provide necessary information at the builder on each participant of shared-equity construction and the agreements of shared-equity construction connected with attraction of money (including housing certificates) participants of shared-equity construction for construction (creation) of apartment houses and (or) other real estate objects, on the assets of the builder which are considered being in pledge, according to obligations of the builder to participants of shared-equity construction and obligations of participants of shared-equity construction to the builder on entering of payments into the period provided by the agreement about payment of premises after completion and revenue recognition from sale.

1.3. Calculation of standard rates of security of obligations and target use of means is performed quarterly as of the last day of reporting quarter.

Calculation of the standard rate of profitability is perfromed annually as of the last day of calendar year.

II. Procedure of payments of standard rates of assessment of financial stability of activities of the builder

2.1. The standard rate of security of obligations is calculated by the following formula:

Формула 1 к Приказу от 30.11.2006 №06-137пз-н (Россия)

where:

And - asset cost of the builder;

About - the amount of obligations of the builder to participants of shared-equity construction. At the same time obligations of the builder to the participant of shared-equity construction are determined proceeding from the price of the agreement of participation in shared-equity construction.

2.2. The standard rate of target use of means is calculated by the following formula:

Формула 2 к Приказу от 30.11.2006 №06-137пз-н (Россия)

where:

And - asset cost of the builder, not connected with

N construction, including the amount of the following indicators: non-current assets, receivables (on which payments are expected more than in 12 months after reporting date, including buyers and customers), receivables (on which payments are expected within 12 months after reporting date, including buyers and customers), the short-term financial investments less asset cost of construction in progress and money of the participants of shared-equity construction presented with payment deferral;

Д - total amount of long-term and short-term obligations of the builder, except for agreement obligations of participation in shared-equity construction.

2.3. The norm of profitability is determined as the number of years, from three last years of work of the builder in which in the annual statement about profits and losses at the builder as resulting financial result of activities the profit was reflected.

 

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