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FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 7, 1998 No. 75-FZ

About non-state pension funds

(as amended on 08-06-2020)

Accepted by the State Duma of the Russian Federation on April 8, 1998

Approved by Council of the Russian Federation on April 22, 1998

Chapter I. General provisions

Article 1. The relations regulated by this Federal Law

This Federal Law governs the legal, economic and social relations arising during creation of non-state pension funds, implementation by them of activities for non-state pension provision, including for early non-state pension provision, mandatory pension insurance, reorganization and liquidation of the specified funds and also establishes the basic principles of the state control of their activities.

The relations which arise during creation of non-state pension funds, implementation by them of activities, reorganization and liquidations of the specified funds are regulated by this Federal Law, the legislation of the Russian Federation on mandatory pension insurance, other Federal Laws and other regulatory legal acts of the Russian Federation, regulations of the Central bank of the Russian Federation (further - the Bank of Russia).

Article 2. Non-state pension funds

1. Non-state pension fund (further - fund) - the organization which exclusive activities is non-state pension provision, including early non-state pension provision, and mandatory pension insurance. Such activities are performed by fund based on license for activities for provision of pensions and pension insurance (further - the license).

2. The fund has the right to perform activities for non-state pension provision from the date of, the decision making following behind day about provision of the license, and activities for mandatory pension insurance from the date of following behind day of entering of fund into the register of non-state pension funds - participants of system of guaranteeing the rights of insured persons.

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

the agreement of non-state pension provision (further the pension agreement) - the agreement between fund and the investor of fund (further - the investor) according to which the investor shall pay pension contributions to fund, and fund shall pay to the member (participants) of fund (further - the participant) non-state pension;

the agreement on mandatory pension insurance - the agreement between fund and insured face for benefit of insured person or his legal successors according to whom the fund shall in case of approach of the pension bases to perform appointment and payment to insured person of funded pension and (or) due retirement benefit or lump  sum payment or to perform payments to legal successors of insured person. Persons specified in part 7 of article 7 of the Federal Law of December 28, 2013 to No. 424-FZ "About funded pension" concern legal successors of insured person (further - the Federal Law "About Funded Pension");

the paragraph the fourth ceased to be valid according to the Federal Law of the Russian Federation of 28.12.2013 No. 410-FZ

the investor - the physical person or legal entity which is the party of the pension agreement and paying pension contributions to fund;

insurer - the physical person or legal entity obliged to list insurance premiums for financing of funded pension for benefit of insured person according to the Federal Law of December 15, 2001 to No. 167-FZ "About mandatory pension insurance in the Russian Federation";

the participant - physical person to which according to the prisoner between the investor and fund the pension agreement shall be made or payments of non-state pension are made. The participant can act as the investor in own favor;

insured person - the physical person which signed the agreement on mandatory pension insurance;

pension contribution - the money paid by the investor for benefit of the participant in accordance with the terms of the pension agreement;

insurance premium - individually paid obligatory payments on mandatory pension insurance on financing of funded pension paid by the insurer for benefit of insured person to the Pension Fund of the Russian Federation for the subsequent transfer to the fund chosen by this insured person according to the procedure, No. 167-FZ determined by the Federal Law of December 15, 2001 "About mandatory pension insurance in the Russian Federation";

non-state pension - the money which is regularly paid to the participant in accordance with the terms of the pension agreement;

funded pension - the monthly money payment appointed and paid by fund to insured person according to the Federal Law "About Funded Pension", this Federal Law and the agreement on mandatory pension insurance;

pension scheme - set of the conditions determining payment procedure of pension contributions and payments of non-state pensions;

the paragraph the fourteenth ceased to be valid according to the Federal Law of the Russian Federation of 28.12.2013 No. 410-FZ

the pension bases - the bases of acquisition by the participant of the right to non-state pension or the basis of acquisition by insured person of the right to funded pension;

the redemption amount - the money paid by fund to the investor, the participant or their legal successors or transferred to other fund in case of the termination of the pension agreement;

the retirement account - the analytics form in fund containing the information about participants, about investors and insured persons provided by this Federal Law;

the retirement account of non-state pension provision - the analytics form in fund reflecting receipt of pension contributions, charge of the income, charge of payments of non-state pensions and payments of the redemption amounts to the participant (the personalized retirement account) or to participants (the solidary retirement account) and also charge of the redemption amounts to the participant (participants) for transfer to other fund in case of termination of the pension agreement;

the retirement account of funded pension - the form of individual analytics in fund reflecting receipt of funds of pension accruals and results of their investment according to the requirements established by this Federal Law;

pension reserves - set of the means which are in property of fund and intended for execution by fund of obligations to participants according to pension agreements;

pension accruals - set of means, including funds of fees for joint financing of forming of the pension accruals which arrived according to the Federal Law "About Additional Insurance Premiums for Funded Pension and the State Support of Forming of Pension Accruals" and the funds (part of the means) of the maternity (family) capital allocated for forming of funded pension according to the Federal Law "About Additional Measures of the State Support of the Families Having Children", which are in property of fund, intended for obligation fulfillment of fund before insured persons according to agreements on mandatory pension insurance and created according to this Federal Law;

investment portfolio of fund for mandatory pension insurance (further - investment portfolio of fund) - the assets created at the expense of means of the pension accruals delivered by fund in trust management to managing company (managing companies);

investment portfolio of managing company - the assets created at the expense of means of the pension accruals received by managing company in trust management from one fund;

result of placement of pension reserves - dividends and percent (income) on securities, percent (income) on bank deposits, other income types from transactions on placement of pension reserves, net financial result from realization of assets and the net financial result reflecting change in value of pension reserves due to revaluation on reporting date. Requirements to procedure of payments of result of placement of pension reserves can be established by the Bank of Russia;

result of investment of means of pension accruals - dividends and percent (income) on securities, percent (income) on bank deposits, other income types from transactions on investment of means of pension accruals, net financial result from realization of assets and the net financial result reflecting change in value of investment portfolio due to revaluation on reporting date;

the pension accruals which are not included in reserves of fund - the means of pension accruals which are not included in reserve of fund for mandatory pension insurance, in payable reserve, in structure of means of pension accruals of insured persons which establishes due retirement benefit;

result of investment of means of the pension accruals which are not included in reserves of fund - dividends and percent (income) on securities, percent (income) on bank deposits, the income from investment of funds of the pension accruals which are not included in reserves of fund on bank accounts of fund, other income types from transactions on investment of means of the pension accruals which are not included in reserves of fund, net financial result from realization of assets and the net financial result reflecting change in value of the investment portfolio built at the expense of means of the pension accruals which are not included in reserves of fund due to revaluation on reporting date. The procedure of payments of result of investment of means of the pension accruals which are not included in reserves of fund (including the restrictions connected taking into account securities at the cost other than market), is established by the Bank of Russia;

rules of fund - the documents determining procedure and conditions of execution by fund of obligations on pension agreements (pension rules of fund), to agreements on mandatory pension insurance (insurance rules of fund);

managing company - the joint-stock company, society with limited (additional) liability created in accordance with the legislation of the Russian Federation and having license for activities on management of investment funds, mutual investment funds and non-state pension funds;

specialized depositary - the joint-stock company, society with limited (additional) liability created in accordance with the legislation of the Russian Federation and having the license for implementation of depository activity and the license for activities of specialized depositary of investment funds, mutual investment funds and non-state pension funds;

the actuary - person who meets the requirements established for persons performing carrying out actuarial estimation of activities of funds according to the procedure, determined by the Bank of Russia;

authorized federal executive body (further authorized federal body) - federal executive body to which are assigned by the Government of the Russian Federation state regulation of activities of funds for non-state pension provision, mandatory pension insurance, within the powers and functions determined by this Federal Law;

the statement of insured person - the document based on which the option is exercised by insured face of the insurer;

the investment declaration - the integral part of the trust management agreement of means of pension accruals and the trust management agreement of means of pension reserves containing specifying of the purpose of investment of means of pension accruals or investment of funds of pension reserves, the description of investment policy of managing company, the list of assets in which means of pension accruals can be invested or means of pension reserves, the description of the risks connected with such investment or placement and also requirements to structure of assets are placed;

disclosure of information by fund - ensuring availability of information to the unrestricted group of people according to the procedure guaranteeing its stay and obtaining;

provision of information by fund - the actions of fund directed to receipt of the specified information by certain group of people or its transfer to certain group of people;

distribution of information on fund - the actions directed to receipt of such information by the uncertain group of people or transfer of such information to the uncertain group of people;

funds of fees for joint financing of forming of pension accruals - the isolated part of means of the pension accruals transferred to fund by the Pension Fund of the Russian Federation according to the Federal Law "About Additional Insurance Premiums for Funded Pension and the State Support of Forming of Pension Accruals";

the funds (part of means) of the maternity (family) capital allocated for forming of funded pension - the isolated part of means of the pension accruals transferred to fund by the Pension Fund of the Russian Federation according to the Federal Law "About Additional Measures of the State Support of the Families Having Children" taking into account result of the investment of these means received by fund;

actuarial deficit - excess of actuarial cost of obligations over actuarial asset cost of fund;

payable reserve - the isolated part of means of pension accruals created according to this Federal Law for implementation of payment of funded pension;

safety of pension accruals - the requirement according to which the amount of means of pension accruals on the retirement account of funded pension of insured person for date of purpose of funded pension and (or) due retirement benefit or lump sum payment shall not be less amount of the guaranteed means, determined according to the Federal Law "About Guaranteeing the Rights of Insured Persons in System of Mandatory Pension Insurance of the Russian Federation during the Forming and Investment of Means of Pension Accruals, Establishment and Implementation of Payments at the expense of Means of Pension Accruals";

due retirement benefit - the monthly money payment established according to the procedure and conditions determined by this Federal Law and the Federal Law "About Procedure for Financing of Payments at the expense of Means of Pension Accruals";

lump sum payment - payment of means of pension accruals to the insured persons specified in article 4 of the Federal law "About Procedure for Financing of Payments at the expense of Means of Pension Accruals";

early non-state pension provision - type of the non-state pension provision performed under pension agreements of non-state pension provision which compulsory provision is payment of non-state pension before achievement of age, the stipulated in Clause 8 Federal Laws of December 28, 2013 No. 400-FZ "About insurance pensions", in connection with employment on determined by Items 1 - 18 parts 1 of article 30 of the specified Federal Law works on workplaces on working conditions by results of which special assessment of working conditions are acknowledged harmful and (or) dangerous;

the agreement of early non-state pension provision - type of the pension agreement which compulsory provision are appointment and payment of non-state pension by fund before achievement of age, the stipulated in Clause 8 Federal Laws of December 28, 2013 No. 400-FZ "About insurance pensions", in the presence of the conditions of purpose of insurance pension on old age provided by Items 1 - 18 parts 1 of article 30 of the specified Federal Law, in connection with employment on determined by Items 1 - 18 parts 1 of article 30 of the specified Federal Law works on workplaces on working conditions by results of which special assessment of working conditions are acknowledged harmful and (or) dangerous;

the pension plan of the employer on early non-state pension provision (further - the pension plan of the employer) - the document developed, approved and registered taking into account requirements and according to the procedure which are established by this Federal Law, and the determining procedure and conditions of creation and functioning of system of early non-state pension provision at the investor who is the employer in relation to participants - to the workers occupied on workplaces on working conditions by results of which special assessment of working conditions are acknowledged harmful and (or) dangerous;

the statement of insured person for transition - the document based on which transition of insured person to fund or to the Pension Fund of the Russian Federation is performed in the year following after year in which the five-year term which is estimated since year of submission of such statement expires if after its giving the notification on refusal of change of the insurer is not submitted. The size of means of the pension accruals which are subject to transfer upon such transition is determined according to Item 2 of article 36.6-1 of this Federal Law;

the statement of insured person for early transition - the document based on which transition of insured person to fund or to the Pension Fund of the Russian Federation is performed in the year following after year of submission of such statement if after its giving the notification on refusal of change of the insurer is not submitted. The size of means of the pension accruals which are subject to transfer upon such transition is determined according to Items 3, 4 articles 36.6-1 of this Federal Law;

the notification on replacement - the document based on which insured person is notified by fund about replacement of the insurer chosen by it for mandatory pension insurance specified in the statement of insured person for transition or in the statement of insured person for early transition. The form of the notification on replacement, procedure for its direction and consideration are established by the Pension Fund of the Russian Federation;

system of early non-state pension provision - the system of relations between the insurer, insured person and non-state pension fund according to the pension plan of the employer on early non-state pension provision under the agreement of early non-state pension provision establishing conditions and payment procedure the insurer of pension contributions for benefit of insured person for the periods of its labor activity on determined by Items 1 - 18 parts 1 of article 30 of the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions" works on workplaces on working conditions by results of which special assessment of working conditions are acknowledged harmful and (or) dangerous (professional years of service), conditions and payment procedure non-state pension fund of the granted ahead of schedule non-state pension to insured person;

constant component of remuneration of the fund performing activities for mandatory pension insurance, - the part of remuneration which is not depending on results of investment of means of pension accruals;

variable part of remuneration of the fund performing activities for mandatory pension insurance, - the part of remuneration depending on results of investment of means of pension accruals;

the notification on refusal of change of the insurer - the document which insured person is notified by the Pension Fund of the Russian Federation about refusal of change of the insurer on mandatory pension insurance.

Article 3.1. Subjects and participants of the relations on non-state pension provision and mandatory pension insurance

Subjects of the relations on non-state pension provision, mandatory pension insurance are funds, the Pension Fund of the Russian Federation, specialized depositaries, managing companies, investors, participants, insured persons and insurers.

Participants of the relations on non-state pension provision and mandatory pension insurance are brokers, credit institutions, and also other organizations involved in process of investment of funds of pension reserves and investment of means of pension accruals.

Chapter II. Creation of fund, its state registration and licensing of activities

Article 4. Creation of fund

1. The fund can be created in form of business of joint-stock company.

2. Creation of fund by organization is performed on conditions and according to the procedure which are stipulated by the legislation the Russian Federation about joint-stock companies. Regulations of the legislation of the Russian Federation on joint-stock companies are applied to funds taking into account the features established by this Federal Law.

3. Shareholders have concerning fund certified by the stocks of the participation right owned by them in management of activities of fund, and also other rights, stipulated by the legislation the Russian Federation. The fund has the right to issue only ordinary shares.

4. The fund answers for the obligations all property belonging to it taking into account the features established by this Federal Law.

5. The fund does not answer for obligations the shareholders. Shareholders of fund bear responsibility according to its obligations in the cases established by the legislation of the Russian Federation.

6. The shares of fund placed during its creation by organization shall be completely paid by founders before giving in the Bank of Russia of the statement for provision of license for activities for provision of pensions and pension insurance.

7. The fund has no right to perform transactions with bills of exchange and to issue loans.

8. Payment of shares of fund by offsetting of monetary claims is not allowed to fund.

9. Placement of securities by fund is performed in accordance with the legislation of the Russian Federation about joint-stock companies and the legislation of the Russian Federation on the security market taking into account the features established by this Federal Law.

Article 4.1. Requirements to persons having the right to dispose of more than 10 percent of shares, constituting the authorized capital of fund

1. Person having the right directly or indirectly or together with other persons, the related property trust management agreements and (or) particular partnership, and (or) the order, and (or) the corporate agreement, and (or) other agreement which subject is implementation of the rights certified by shares of fund to dispose of more than 10 percent of shares constituting the authorized capital of fund, cannot be:

1) the legal entity who is registered in the states or in the territories which are providing preferential tax regime of the taxation and (or) not providing disclosure and provision of information when carrying out financial transactions (offshore zones) which list affirms the Ministry of Finance of the Russian Federation or is under direct or indirect control of the specified person;

2) the legal entity at whom for violation of the Federal Laws, regulations of the Bank of Russia it was withdrawn the license for activities in the financial market, or the legal entity, data on whom were excluded from the register of not credit financial credit institutions of the corresponding type for violation of the Federal Laws, regulations of the Bank of Russia, (is cancelled);

3) person which is not conforming to the requirements to financial position established by the Bank of Russia;

4) person which is not conforming to requirements to goodwill, stipulated in Item 3 articles 6.2 of this Federal Law;

5) the legal entity if person performing functions of sole executive body of such legal entity does not conform to requirements to goodwill, stipulated in Item 3 articles 6.2 of this Federal Law.

2. Assessment of conformity of person specified in Item 1 of this Article to requirements to financial position and goodwill is performed according to the procedure, established by the Bank of Russia.

Person specified in Item 1 of this Article, its sole executive body or person specified in the subitem 5 of Item 29 of article 7 of this Federal Law within 30 days from the date of when he knew of recognition to its not relevant requirements to goodwill established by this Federal Law having the right to send the claim about recognition to its not relevant requirements to goodwill to the commission of the Bank of Russia on consideration of claims (further in this Article - the commission of the Bank of Russia) according to article 60.1 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)".

Within five working days from the date of acceptance by the commission of the Bank of Russia of the decision on grievance settlement specified in this Item, the Bank of Russia makes the decision on the cancellation of the decision on refusal in provision of prior consent (the subsequent approval) of the Bank of Russia to transaction (transactions) directed to acquisition more than 10 percent of shares of fund, and (or) the transaction (transactions) directed to establishment of control concerning shareholders of fund or about cancellation of the instruction about elimination of the violation specified in Item 3 of this Article if the specified decisions were made only based on recognition of person not to relevant requirements to goodwill concerning which person addressed with the claim. About the decisions made according to this Item the Bank of Russia no later than the working day following behind day of their acceptance sends in writing messages according to person who addressed with the specified claim, or to the relevant fund.

The person specified in Item 1 of this Article, its sole executive body or person specified in the subitem 5 of Item 29 of article 7 of this Federal Law, having the right to appeal recognition to its not relevant requirements to goodwill and the subsequent decisions of the Bank of Russia connected with it judicially only after their appeal according to the procedure provided by this Item.

3. If the fund concerning person specified in Item 1 of this Article elicits the facts of its discrepancy to requirements to goodwill or other requirements established by this Federal Law, the fund shall notify in writing on it the Bank of Russia according to the procedure, established by the regulation of the Bank of Russia.

In case of establishment of unsatisfactory financial position and (or) the facts of discrepancy to requirements to goodwill of person specified in Item 1 of this Article, the Bank of Russia in the procedure established by it sends to the specified person the instruction with the requirement about elimination of violations and (or) reduction of participation of the specified person in the authorized capital of fund to the size which is not exceeding 10 percent of shares of fund, or about elimination of violations and (or) about transaction (transactions), directed to the termination of control concerning shareholders of fund (further in this Article - the instruction of the Bank of Russia), and posts on the official site of the Bank of Russia on the Internet information on the directed instruction of the Bank of Russia no later than day of its direction. Copies of the instruction of the Bank of Russia go to fund, and also to other persons whose list is determined by the regulation of the Bank of Russia.

The fund no later than the day following behind day of receipt of the copy of the instruction of the Bank of Russia shall inform the shareholders information on the receipt of the copy of the instruction of the Bank of Russia according to the procedure provided by the regulation of the Bank of Russia.

Person specified in this Item shall perform the instruction of the Bank of Russia in the time specified in it and no later than five days from the date of execution of the instruction of the Bank of Russia to notify on it fund and the Bank of Russia according to the procedure, established by the regulation of the Bank of Russia.

The instruction of the Bank of Russia is subject to cancellation by the Bank of Russia in case of accomplishment of the requirements specified in it. The act of the Bank of Russia of cancellation of the instruction of the Bank of Russia goes to the persons who received the instruction of the Bank of Russia. Copies of the act of cancellation of the instruction of the Bank of Russia go to the persons who received copies of the instruction of the Bank of Russia. The form and procedure for the direction of the instruction of the Bank of Russia and the act of cancellation of the instruction of the Bank of Russia are established by the regulation of the Bank of Russia. Information on cancellation of the instruction of the Bank of Russia is placed no later than day of the direction of the act of cancellation of the instruction of the Bank of Russia on the official site of the Bank of Russia on the Internet according to the procedure established by the Bank of Russia.

The fund no later than the day following behind day of receipt of the copy of the act of cancellation of the instruction of the Bank of Russia shall inform the shareholders information on the receipt of the specified copy of the instruction according to the procedure provided by the regulation of the Bank of Russia.

In case of non-execution of the instruction of the Bank of Russia by person specified in this Item the Bank of Russia has the right to require judicially the termination of the right to dispose directly or indirectly of more than 10 percent of shares, constituting the authorized capital of fund (reduction of share of participation of the specified person in the authorized capital of fund to the size which is not exceeding 10 percent of shares of fund or the termination of control concerning shareholders of fund).

4. From the date of placement on the official site of the Bank of Russia on the Internet according to Item 3 of this Article of information on the directed instruction of the Bank of Russia and about day of placement of information on its cancellation person specified in Item 3 of this Article has the right to vote only according to shares of fund in the quantity which is not exceeding 10 percent of shares, constituting the authorized capital of fund. At the same time other shares belonging to this person, voting are not and in case of determination of quorum of general meeting of shareholders of fund are not considered. The restriction set by this Item does not extend to cases if the protocol of general meeting of shareholders of fund is constituted in day of placement by the Bank of Russia of information on the directed instruction of the Bank of Russia or earlier specified day.

The Bank of Russia within one year from the date of the direction of the instruction of the Bank of Russia specified in Item 3 of this Article having the right to appeal judicially the decisions of general meeting of shareholders of fund made with violation of the requirements established by this Item and the transaction (transactions) made in pursuance of the specified decisions if participation in vote by the shares specified in this Item influenced the decisions made by general meeting of shareholders of fund.

5. The fund shall observe the procedure for submission to the Bank of Russia established by the Bank of Russia and disclosures to the unrestricted group of people of information on structure and the list of the shareholders, including about persons, under control or considerable influence of which there is fund.

Article 5. State registration of fund

1. The fund is subject to state registration according to the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" taking into account the features established by this Federal Law.

2. The decision on state registration of fund during its creation, including by reorganization, about state registration of the changes made to the fund charter or about state registration in case of liquidation of fund is accepted by the Bank of Russia in the procedure established by it. Along with decision making about state registration of again created Bank of Russia fund performs state registration of share issue of fund.

3. Entering into the Unified State Register of Legal Entities of data on creation, reorganization and liquidation of fund, data on introduction of amendments to the fund charter is performed by authorized registering body based on the decision of the Bank of Russia specified in Item 2 of this Article, and entering into the Unified State Register of Legal Entities of other data which are subject to entering into the specified register is performed by authorized registering body based on the notification of the Bank of Russia. The documents necessary for entering into the Unified State Register of Legal Entities of the data provided by this Item are submitted within the Bank of Russia within the terms provided by the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs".

4. Interaction of the Bank of Russia with authorized registering body concerning state registration of funds is performed according to the procedure, approved by the Bank of Russia with authorized registering body.

5. The Bank of Russia keeps the book of state registration of fund according to the procedure, established by regulations of the Bank of Russia.

6. Ceased to be valid according to the Federal Law of the Russian Federation of 21.07.2014 No. 218-FZ

7. Ceased to be valid according to the Federal Law of the Russian Federation of 21.07.2014 No. 218-FZ

Article 6. Constituent documents of fund

1. The constituent document of fund is the fund charter. The fund charter affirms his founders (the founder.

2. In addition to the data provided by the Federal Law of December 26, 1995 No. 208-FZ "About joint-stock companies" the fund charter shall contain:

1) the full trade name of fund containing words "non-state pension fund", and the reduced trade name of fund containing abbreviation of "NPF";

2) specifying on exclusive nature of activities of fund;

3) specifying on the maximum share from income gained by fund from investment of funds of pension reserves and investment of means of pension accruals sent to structure of own fund;

4) specifying on forming of the board of trustees of fund with inclusion in its list of investors, participants and insured persons (their representatives).

Article 6.1. Requirements to the authorized capital and own fund

1. The minimum size of the authorized capital of fund shall constitute at least 120 million rubles, and since January 1, 2020 - at least 150 million rubles.

2. In case of adoption by fund of the decision on reduction of its authorized capital of person before which the fund performs duties under pension agreements, agreements on mandatory pension insurance managing companies of this fund, its specialized depositary, auditing organization, the actuary and contractors of services in maintaining retirement accounts are not creditors of fund for the purpose of application of provisions of the legislation of the Russian Federation on joint-stock companies about protection of the rights of creditors in case of reduction of the authorized capital of joint-stock company.

3. The minimum size of own fund calculated according to the procedure, established by the Bank of Russia, shall constitute at least 150 million rubles, and since January 1, 2020 - at least 200 million rubles.

Article 6.2. Requirements to governing bodies of fund and its officials

1. Functions of sole executive body, the member of collegiate executive body, the controller (head of internal control) and the chief accountant of fund are performed by the persons which are on the staff of fund and who are not in combination or on other basis employees of the organizations with whom the fund signs the property trust management agreement of fund, the service provision agreement of specialized depositary, the contract for carrying out audit inspection or the contract for evaluating property of fund.

2. Person performing functions of sole executive body, his deputy, the member of collegiate executive body, the chief accountant, the deputy chief accountant of fund, the head and the chief accountant of branch of fund, the controller (head of internal control), the official responsible for the organization of risk management system (the head of the separate structural division responsible for the organization of risk management system), the special official responsible for implementation of rules of internal control in fund for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, the board member (supervisory board) of fund, and also person for which according to this Federal Law or the regulation of the Bank of Russia adopted according to it availability of the competence certificate is obligatory, shall conform to qualification requirements and requirements to goodwill.

3. As discrepancy of person to requirements to goodwill it is understood:

1) availability for the day preceding day of appointment (election) to position or to day of giving in the Bank of Russia of the statement for approval of candidate at person (except for the candidate for position of the special official responsible for implementation of rules of internal control in fund for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction) not removed or unspent conviction for making of intentional crime;

2) availability of conviction of court against person (except for the candidate for position of the special official responsible for implementation of rules of internal control in fund for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction) who committed intentional crime without appointment to it punishments in view of lapse of time of criminal prosecution if for the day preceding day of appointment (election) of person to position or to day of giving in the Bank of Russia of the statement for approval of candidate five-year term from the date of entry into force of conviction did not expire;

3) availability the determined Bank of Russia of the fact of non-execution by person which was sole executive body, his deputy, the board member (supervisory board), the member of collegiate executive body, the founder (the shareholder, the participant) of credit institution or not credit financial credit institution (further in case of joint mentioning - the financial organization) the obligations assigned to it by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" in case of the bases for implementation of measures for the prevention of bankruptcy of the financial organization and (or) in case of signs of insolvency (bankruptcy) of the financial organization within five years preceding day of appointment (election) to position or to day of giving in the Bank of Russia of the statement for approval of candidate;

4) involvement of person according to the court resolution which took legal effect to subsidiary responsibility according to obligations of the financial organization or to responsibility in the form of claiming damages for benefit of the financial organization according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" if for the day preceding day of appointment (election) of person to position or to day of giving in the Bank of Russia of the statement for approval of candidate five-year term from the date of the introduction in legal force of court resolution did not expire;

5) recognition of physical person by the bankrupt if for the day preceding day of appointment (election) of person to position or to day of giving in the Bank of Russia of the statement for approval of candidate five-year term from the date of completion concerning this person of the procedure of realization of property or suit abatement about bankruptcy did not expire during such procedure;

6) recognition of person performing business activity without formation of legal entity, the bankrupt if for the day preceding day of appointment (election) of person to position or to day of giving in the Bank of Russia of the statement for approval of candidate five-year term from the date of completion concerning this person of the procedure of realization of property or suit abatement about bankruptcy did not expire during such procedure;

7) availability at person within five years preceding day of appointment (election) to position or to day of giving in the Bank of Russia of the statement for approval of candidate, the rights to give obligatory instructions or opportunities otherwise to determine actions of the financial organization (irrespective of the term during which person had such rights or potential) which was declared by Arbitration Court bankrupt (except for case if person produced in the Bank of Russia the evidence of non-participation in decision making or making of actions (failure to act) which led to recognition of the financial organization by Arbitration Court by the bankrupt);

8) presentation within five years preceding day of appointment (election) of person to position or to day of giving in the Bank of Russia of the statement for approval of candidate to the financial organization in which person performed functions of sole executive body, his deputy, the member of collegiate executive body, the chief accountant or the deputy chief accountant of the financial organization, the head or the chief accountant of branch of the financial organization, the head of service of risk management, the internal auditor (the head of service of internal audit), the controller (head of internal control), the special official responsible for implementation of rules of internal control in the financial organization for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction or the board member (supervisory board) of the financial organization, the requirement about replacement of the specified person based on Article part four 60, Articles 74, 76.9-1 and 76.9-3 Federal Laws of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)";

9) implementation by person of functions (irrespective of the term during which it performed them) sole executive body, his deputy, the member of collegiate executive body, the chief accountant or the deputy chief accountant of the financial organization, the head or the chief accountant of branch of the financial organization, the head of service of risk management, the internal auditor (the head of service of internal audit), the controller (head of internal control), the special official responsible for implementation of rules of internal control in the financial organization for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, or the board member (supervisory board) of the financial organization within 12 months the measures for the prevention of bankruptcy of the financial organization preceding day of adoption by the Bank of Russia of the decision on implementation (except for implementation of the specified measures concerning credit institution with participation of the Bank of Russia or the "Deposit Insurance Agency" state corporation) if such decision was made by the Bank of Russia within five years preceding day of appointment (election) of person to position or to day of giving in the Bank of Russia of the statement for approval of candidate (except for case if person produced in the Bank of Russia the evidence of non-participation in decision making or making of actions (failure to act) which led to emergence of the bases for implementation of the specified measures);

10) implementation by person of functions (irrespective of the term during which it performed them) sole executive body, his deputy, the member of collegiate executive body, the chief accountant or the deputy chief accountant of credit institution, the head or the chief accountant of branch of credit institution, the head of service of risk management, the head of service of the internal audit, the head of internal control, the special official responsible for implementation of rules of internal control in credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, or the board member (supervisory board) of credit institution within 12 months the measures for the prevention of bankruptcy of credit institution preceding day of adoption by the Bank of Russia of the decision on implementation with participation of the Bank of Russia based on the Bank of Russia of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy or the "Deposit Insurance Agency" state corporation approved by the Board of directors based on the plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy approved by the Bank of Russia if such decision was made by the Bank of Russia within five years preceding day of appointment (election) of person to position or to day of giving in the Bank of Russia of the statement for approval of candidate (except for case if person produced in the Bank of Russia the evidence of non-participation in decision making or making of actions (failure to act) which led to emergence of the bases for implementation of the specified measures);

11) implementation by person of functions (irrespective of the term during which it performed them) sole executive body, his deputy, the member of collegiate executive body, the chief accountant or the deputy chief accountant of the financial organization, the head or the chief accountant of branch of the financial organization, the head of service of risk management, the internal auditor (the head of service of internal audit), the controller (head of internal control), the special official responsible for implementation of rules of internal control in the financial organization for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, or the board member (supervisory board) of the financial organization within 12 months the transactions preceding day of response (cancellation) for violation of the law of the Russian Federation at the financial organization of the license for implementation corresponding to type of activity of the financial organization, or day of exception of the financial organization of the corresponding register for violation of the law of the Russian Federation if for the day preceding day of appointment (election) of person to position or to day of giving in the Bank of Russia of the statement for approval of candidate five-year term from the date of withdrawal (cancellation) of the license for implementation of the transactions corresponding to type of activity of the financial organization, or day of exception of the financial organization of the corresponding register (except for case did not expire if person produced in the Bank of Russia the evidence of non-participation in decision making or making of actions (failure to act) which brought to specified to withdrawal (cancellation) of the license for implementation of transactions, corresponding to type of activity of the financial organization, or exception of the financial organization of the corresponding register);

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