FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 2, 2010 No. 151-FZ

About microfinancial activities and the microfinancial organizations

Accepted by the State Duma of the Russian Federation on June 18, 2010

Approved by Council of the Russian Federation on June 23, 2010

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law establishes the legal basis of implementation of microfinancial activities, determines procedure for regulation of activities and supervision of activities of the microfinancial organizations, establishes the size, procedure and conditions of provision of microloans, procedure for acquisition of the status and implementation of activities of the microfinancial organizations, and also the rights and obligations of the Central bank of the Russian Federation (further - the Bank of Russia).

Article 2. The basic concepts used in this Federal Law

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

1) microfinancial activities - activities of the legal entities having the status of the microfinancial organization and also other legal entities having the right to implementation of microfinancial activities according to article 3 of this Federal Law on provision of microloans (microfinancing);

2) the microfinancial organization - the legal entity who performs microfinancial activities and data, about whom are entered in the state register of the microfinancial organizations according to the procedure, provided by this Federal Law. The microfinancial organizations can perform the activities in the form of microfinance company or the microcredit company;

2. 1) microfinance company - type of the microfinancial organization performing microfinancial activities taking into account the established parts 1 and 2 of the article 12 of this Federal Law of restrictions which is meeting requirements of this Federal Law and regulations of the Bank of Russia, including to own means (capital), and having the right to raise for implementation of such activities money of the physical persons including which are not her founders (participants, shareholders) taking into account restrictions, stipulated in Item 1 parts 2 of article 12 of this Federal Law, and also legal entities;

2. 2) the microcredit company - type of the microfinancial organization performing microfinancial activities taking into account the established parts 1 and 3 of the article 12 of this Federal Law of restrictions which is meeting requirements of this Federal Law and regulations of the Bank of Russia, including to own means (capital), and having the right to raise for implementation of such activities money of the physical persons which are her founders (participants, shareholders) and also legal entities;

3) microloan - the loan granted by the lessor to the borrower on the conditions provided by the loan agreement in the amount which is not exceeding the extreme size of obligations of the borrower to the lessor on principal debt established by this Federal Law;

4) the agreement of microloan - the loan agreement which amount does not exceed the extreme size of obligations of the borrower to the lessor on principal debt established by this Federal Law;

5) ceased to be valid according to the Federal Law of the Russian Federation of 23.07.2013 No. 251-FZ.

2. The concepts and terms used in this Federal Law civil and other industries of the legislation of the Russian Federation are applied in that value in what they are used in these industries of the legislation of the Russian Federation.

Article 3. Legal basis of microfinancial activities

1. The legal basis of microfinancial activities is determined by the Constitution of the Russian Federation, the Civil code of the Russian Federation, this Federal Law, other Federal Laws, and also other regulatory legal acts accepted according to them.

2. The microfinancial organizations perform microfinancial activities according to the procedure, established by this Federal Law.

2.1. The microfinancial organizations have the right to perform professional activity on provision of consumer loans according to the procedure, established by the Federal Law "About Consumer Loan (Loan)".

3. Credit institutions, credit cooperatives, pawnshops and other legal entities perform microfinancial activities in accordance with the legislation of the Russian Federation, regulating activities of such legal entities.

Chapter 2. Conditions of implementation of activities by the microfinancial organizations

Article 4. Maintaining the state register of the microfinancial organizations

1. Entering of information about the legal entity into the state register of the microfinancial organizations, refusal in entering of information about the legal entity into the specified register and exception of information about the legal entity of the state register of the microfinancial organizations are performed by the Bank of Russia according to this Federal Law.

2. The Bank of Russia establishes procedure for maintaining the state register of the microfinancial organizations.

3. Data on microfinance companies and the microcredit companies are entered in the state register of the microfinancial organizations.

4. Voided according to the Federal Law of the Russian Federation of 29.12.2015 No. 407-FZ

5. The Bank of Russia establishes the list of the data containing in the state register of the microfinancial organizations, including the data which are subject to placement on the official site of the Bank of Russia on the Internet, and also terms of placement of the specified data.

5.1. The Bank of Russia in established by it procedure and terms represents to any person the statement from the state register of the microfinancial organizations or information on lack of information about the legal entity in the specified register by means of the information resources posted on the official site of the Bank of Russia on the Internet, the single portal of the state and municipal services (functions). Statement form from the state register of the microfinancial organizations and the requirement to the specified statement are established by the Bank of Russia.

6. For entering of data into the state register of the microfinancial organizations the state fee in accordance with the legislation of the Russian Federation about taxes and fees is collected.

Article 4.1.

No. 271-FZ voided according to the Federal Law of the Russian Federation of 02.08.2019

Article 4.1-1. Requirements to governing bodies of the microfinancial organization

1. Person performing functions of sole executive body of the microcredit company, sole executive body, his deputy, the member of the collegiate executive body, the chief accountant, the deputy chief accountant of microfinance company, the head or the chief accountant of branch of microfinance company, the board member (supervisory board) of microfinance company, the special official responsible for implementation of rules of internal control in microfinance company 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 shall conform to requirements to goodwill. As discrepancy of person to requirements to goodwill it is understood:

1) availability 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 at person (except for the candidate for position of the special official responsible for implementation of rules of internal control in microfinance company 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 microfinance company 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 of the fact of non-execution by the person performing functions of sole executive body, his deputy, the board member (supervisory board) or the member of collegiate executive body or being the founder (the shareholder, the participant) of credit institution or not credit financial credit institution determined by the Bank of Russia (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) of person 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) of person 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 person 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 twelve 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) provided that 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);

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