It is registered
Ministry of Justice
Russian Federation
On September 22, 2025 No. 83613
of April 11, 2025 No. 7043-U
About requirements to forms and methods of acceptance of risks, procedure for scoping of the accepted risks on bonds with mortgage providing specialized financial society (except for specialized financial society which performs issue of structural bonds), specialized society of project financing, about conditions of acceptance of risks on bonds with mortgage providing specialized financial society (except for specialized financial society which performs issue of structural bonds)
This Instruction based on Items 26, of the 26.1 and 27 article 42 of the Federal Law of April 22, 1996 "About the security market" establishes No. 39-FZ:
requirements to forms and methods of acceptance according to Items 26 and 26.1 of article 42 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" is risk on bonds with mortgage providing specialized financial society (except for specialized financial society which performs issue of structural bonds), and also procedure for scoping of the accepted risks;
requirements to forms and methods of acceptance according to Item 27 of article 42 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" is risk on bonds with mortgage providing specialized society of project financing, and also procedure for scoping of the accepted risks;
acceptance conditions according to Item 26.1 of article 42 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" is risk on bonds with mortgage providing specialized financial society (except for specialized financial society which performs issue of structural bonds).
1. Acceptance of risks by the initial creditor according to obligations according to which monetary claims are pledge subject of bonds with mortgage providing specialized financial society (except for specialized financial society which performs issue of structural bonds) (further - specialized financial society), specialized society of project financing (further in case of joint mentioning - specialized society), and (or) the subsequent creditor if the last yields monetary claims according to such obligations to specialized society, is performed in the form of transfer of money, and also in the form of acceptance on itself obligations on transfer of money by methods of acceptance of risks, stipulated in Item 5 these Instructions.
2. The amount accepted initial and (or) creditors of risks according to the obligations specified in Item of 1 this Instruction is determined by subsequent by formula:
where:
OPR - amount of the accepted risks for any date during all term of placement and the circulation of bonds with mortgage providing specialized society (further - date of scoping of the accepted risks);
SPDS - the amount of the transferred money for date of scoping of the accepted risks. In case of acceptance of risks by the method specified in subitem 5.3 of Item 5 of this Instruction, the amount of the transferred money is determined by outstanding nominal value of the acquired bonds with mortgage providing specialized society:
SDSPP - cash amount, subject to transfer, for date of scoping of the accepted risks;
NANOSECOND - outstanding nominal value of bonds with mortgage providing specialized society for date of scoping of the accepted risks;
k - the coefficient determined according to formula:
where:
DT - the amount (size) of the yielded monetary claims (except for future monetary claims) which are pledge subject of bonds with mortgage providing specialized society, without percent, penalty fee and penalties for date of scoping of the accepted risks;
SZ - pledge subject cost (property value, including property rights, the pledge which is subject, without percent, penalty fee and penalties) on bonds with mortgage providing specialized society for date of scoping of the accepted risks.
3. The amount accepted initial and (or) creditors of risks is determined by subsequent by the obligations specified in Item of 1 this Instruction in total on all stipulated in Item 5 these Instructions to the methods of acceptance of risks accepted initial and (or) subsequent by creditors.
4. Amount accepted initial and (or) subsequent by creditors of risks according to the obligations specified in Item of 1 this Instruction if the monetary claims which are pledge subject of bonds with mortgage providing specialized society are transferred (are yielded) to specialized society by several initial and (or) subsequent creditors, it is determined in total from the amount of risks accepted by each of such initial and (or) subsequent creditors separately, determined according to Item 2 presents of the Instruction.
At the same time I will eat around the accepted each of initial and (or) subsequent creditors of risks it shall be pro rata to the amount transferred (yielded) them specialized society monetary claims, except for case if the amount of acceptance of risk is distributed between initial and (or) subsequent creditors or conditions of bond issue with mortgage providing specialized society it is disproportionate.
5. Acceptance initial and (or) subsequent creditors of risks according to the obligations specified in Item of 1 this Instruction is performed by the following methods:
5.1. By ensuring obligation fulfillment on bonds with mortgage providing with the guarantee, the stipulated in Article 361 Civil code of the Russian Federation, in accordance with the terms of the decision on bond issue with mortgage providing specialized society.
5.2. By ensuring obligation fulfillment on bonds with mortgage providing with independent guarantee, stipulated in Article 368 Civil codes of the Russian Federation, in accordance with the terms of the decision on bond issue with mortgage providing specialized society.
5.3. Bonds acquisition with mortgage providing specialized society.
If due to the same mortgage providing obligation fulfillment on bonds of specialized society of several releases on which the different priority of obligation fulfillment is established, acceptance of risks is provided with the method provided by this subitem performed:
5.3.1. By bonds acquisition with mortgage providing specialized society on which obligation fulfillment is performed only after obligation fulfillment with come completion date on bonds with mortgage ensuring other releases of specialized society provided with the same mortgage providing.
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