ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 5, 2023 No. 1641

About modification of the Order of the Government of the Russian Federation of March 16, 2020 No. 291

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the 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 (The Russian Federation Code, 2020, No. 12, Art. 1785; 2021, No. 11, Art. 1792).

2. The provision of the subitem "e" of Item 11 of Rules of forming of the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of the mortgage loans approved by the 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 is applied to the organizations in which authorized capital the subject of the Russian Federation possesses at least 50 percent of shares plus one ordinary share, but no more than 75 percent of shares or more than 50 percent of shares, but no more than 75 percent of shares or to the municipality belong at least 50 percent of shares plus one ordinary share either more than 50 percent of shares or which are local government offices or the unitary non-profit organization in the form of fund created by the municipality, and data on which on the date of entry into force of this resolution are included in the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of mortgage loans since the accounting year following after year of entry into force of this resolution.

3. The organizations, data on which on the date of entry into force of this resolution are included in the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of mortgage loans, shall provide compliance of the granted mortgage loans to the requirements provided by paragraphs the fourth - the seventh the subitem "an" of Item 2 of Rules of forming of the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of the mortgage loans approved by the 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 authorized by single institute of development in the housing sphere the mortgage loans performing activities for provision" (in edition of this resolution), since the calendar year following after year of entry into force of this resolution.

4. This resolution becomes effective since September 1, 2024.

Approved by the Order of the Government of the Russian Federation of October 5, 2023 No. 1641

Changes which are made to the Order of the Government of the Russian Federation of March 16, 2020 No. 291

1. Shall be replaced with words the words "Approve Enclosed" "1. Approve enclosed".

2. Add with Item 2 following of content:

"2. This resolution is effective till September 1, 2030".

3. In Rules of forming of the list of the organizations authorized by single institute of development in the housing sphere performing activities for provision of the mortgage loans approved by the specified resolution:

a) in Item 2:

state the subitem "an" in the following edition:

"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 obligations of the organization:

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);

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;

provide compliance of the granted mortgage loans to the following requirements during each calendar quarter:

at least 70 percent of mortgage loans are issued to the borrowers who confirmed the size of the average monthly income by submission of the documents determined by authorized organization taking into account the approximate list of the supporting documents used in case of determination of size of the average monthly income of the borrower provided by the regulation of the Central bank of the Russian Federation establishing according to Articles 45. 2, 62 and 72 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)" asset types, characteristics of asset types to which allowances to risk coefficients, and application to the specified asset types of allowances are established in case of determination of capital adequacy ratios by credit institutions;

concerning at least 80 percent of mortgage loans the relation of total amount of monthly payments of the borrower on mortgage loan and other credits (loans) which are available for it to the size of the average monthly income of the borrower after the taxation constitutes no more than 60 percent;

concerning at least 70 percent of mortgage loans the loan amount relation to the cost of subject of the mortgage determined by authorized organization as fair value of subject of pledge according to the regulation of the Central bank of the Russian Federation establishing based on Articles 62, 69 and 72 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)" procedure for forming by credit institutions of reserves on possible losses according to loans, the loan and equated to it debt constitutes no more than 80 percent.

The mortgage loans granted within the state programs providing from the budget of the subject of the Russian Federation of subsidies to creditors on compensation of the half-received income of creditors on the issued mortgage loans are not considered in case of measure calculation, provided by paragraphs the fifth - the seventh this subitem;";

the subitem "v" after the words "capital of the organization" to add with words "person performing functions of sole executive body of the legal entity - the founder of the organization,";

b) state Item 3 in the following edition:

"3. The order of interaction of society and organization when forming the list of authorized organizations (further - order of interaction) affirms society and is posted on the official site of society in Internet network.";

c) in the offer the first item 4 of the word "with provisions of Item 3 of these rules" shall be replaced with words "order of interaction", shall be replaced with words the words "by e-mail of such organization specified in it" by "the method provided by order of interaction";

d) Item 6 in paragraph one:

the offer first to add with words ", except for case, stipulated in Item 6(1) these rules";

the offer second to add with the words "according to order of interaction";

e) add with Item 6 (1) the following content:

"6(1). In case of change of the data containing in the authorized organizations provided by the organization for inclusion in the list according to Item 2 of these rules documents about day of adoption by society of the decision on inclusion of the organization in the list of authorized organizations or about refusal in inclusion of the organization in the list of authorized organizations the organization in time which is not exceeding 5 working days from the date of change of the corresponding data, but no later than day of decision making about inclusion of the organization in the list of authorized organizations or about refusal in inclusion of the organization in the list of authorized organizations notifies society on the specified changes by the direction of the statement for change of data on the organization (in a free form) by the method provided by order of interaction with submission of the documents confirming changes. In the specified case the current of term, stipulated in Item 6 these rules, begins from the date of submission of the statement for change of data on the organization.";

e) the ninth Item 8 to state the paragraph in the following edition:

"the address of the official site of the organization in Internet network.";

g) state Item 9 in the following edition:

"9. In case of change of the data containing in the these rules provided by authorized organization according to Item 2 documents, except for the data specified in the paragraph the second this Item, the authorized organization in time, not exceeding 5 working days from the date of change of the corresponding data, notifies society on the specified changes by the direction of the statement for change of data on authorized organization (in a free form) by the method provided by order of interaction with submission of supporting documents. Based on the statement for change of data on authorized organization and supporting documents society performs check of authorized organization on compliance to requirements to authorized organizations.

In case of change of the data containing in the list of authorized organizations, stipulated in Item 8 these rules, the authorized organization in time, not exceeding 5 working days from the date of change of the corresponding data, notifies society on the specified changes by the direction of the statement for modification of the list of authorized organizations (in a free form) by the method provided by order of interaction with submission of supporting documents. Based on the statement for modification of the list of authorized organizations and supporting documents society no later than 2 months from the date of receipt of the statement for modification of the list of authorized organizations makes the decision on modification of data or on refusal in modification of the data included in the list of authorized organizations and no later than 3 working days from the date of adoption of the relevant decision notifies authorized organization on its acceptance according to order of interaction. In case of decision making about modification of the data included in the list of authorized organizations, society makes such changes in time, stipulated in Item 7 these rules.";

h) in Item 10:

the offer first after words of "authorized organization" to add with words by "the method provided by order of interaction";

the offer second to exclude;

in the offer third shall be replaced with words the words "by e-mail" by "the method provided by order of interaction";

i) in Item 11:

add the subitem "b" with the words "or decision on exception of invalid authorized organization of the Unified State Register of Legal Entities";

in the subitem "d" of the word "subitems "e", "z", "l" and "m" of Item" shall be replaced with words "subitems "e", "z", "l", "m" and "n" of Item";

add the subitem "zh" with words ", and also obligations on compliance of the granted mortgage loans to the requirements provided by paragraphs the fourth - the seventh the subitem "an" of Item 2 of these rules";

add with the subitem "k" of the following content:

"j) in case of identification of the fact of provision after day of the edition of the order of the Government of the Russian Federation of October 5, 2023 No. 1641 "About modification of the order of the Government of the Russian Federation of March 16, 2020 No. 291" authorized organization of mortgage loan on the purpose of acquisition of real estate object which was mortgage subject of the mortgage loans which are earlier issued by this authorized organization 2 times and more within the year preceding day of provision of mortgage loan.";

j) in paragraphs one and third Item 12 of the word "Item 3 of these rules" shall be replaced with words "order of interaction";

k) Item 12 (to add 1) with words ", but not earlier than in 6 months after day of acceptance by society according to the decision on refusal in inclusion of the organization in the list of authorized organizations or the decision on exception of authorized organization of the list of authorized organizations".

4. In 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 the mortgage loans approved by the specified resolution:

a) in Item 1:

add with the subitem "and (1)" the following content:

"and (1)) the organization is not credit institution, the credit consumer cooperative, agricultural credit consumer cooperative, organization created according to the decision of the Government of the Russian Federation for ensuring functioning of accumulative and mortgage system of housing providing the military personnel and realization by the Ministry of Defence of the Russian Federation of functions of the authorized federal executive body providing functioning of accumulative and mortgage system of the military personnel, the microfinancial organization;";

add the subitem "b" with words "(further - Internet network)";

in the subitem "v" of the word "there are no losses confirmed with accounting data" shall be replaced with words "there is positive financial result confirmed with accounting data";

add the subitem "g" with words ", and also concerning the organization there is no decision of registering body on the forthcoming exception of the Unified State Register of Legal Entities";

the subitem "d" after the word is "initiated" to be added with the words "and within 2 years preceding date of filing of application it was not initiated";

the subitem "e" after the words "capital of the organization" to add with words "person performing functions of sole executive body of the legal entity - the founder of the organization,";

in paragraph four of the subitem "i" of the word "information and telecommunication" to exclude;

add with subitems "n" and "o" of the following content:

"m) organization activity is not suspended according to the procedure, established by the Russian Federation Code of Administrative Offences;

o) the organization has the official site in Internet network.";

b) in Item 2:

state the subitem "an" in the following edition:

"a) in the authorized capital of the organization the subject of the Russian Federation possesses more than 75 percent of shares or more than 75 percent of shares;";

in the subitem "b" of the word "or municipal" to exclude;

in the subitem "v" of the word "or municipality" to exclude.

 

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