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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 20, 2010 No. 851

About procedure of calculations for the purpose of repayment by founders (participants) of the debtor, the owner of property of the debtor of the unitary enterprise and (or) the third party of requirements to the debtor about payment of obligatory payments during the procedures applied in the case of bankruptcy

According to Articles 71. 1, 85. 112.1 and 129.1 Federal Laws "About Insolvency (Bankruptcy)" Government of the Russian Federation decide 1,:

1. Approve the enclosed Rules of implementation of calculations for the purpose of repayment by founders (participants) of the debtor, the owner of property of the debtor - the unitary enterprise and (or) the third party of requirements to the debtor about payment of obligatory payments during the procedures applied in the case of bankruptcy.

2. To the Ministry of Finance of the Russian Federation in 3-month time from the date of entry into force of this resolution to develop and approve:

request form of authorized body about provision of information necessary for filling of settlement documents on transfer of taxes, charges and other obligatory payments in budget system of the Russian Federation according to the arbitration court ruling about allowance of the application about intention to extinguish requirements to the debtor about payment of obligatory payments in full;

the list of the data necessary for filling of settlement documents on transfer of taxes, charges and other obligatory payments in budget system of the Russian Federation according to the arbitration court ruling about allowance of the application about intention to extinguish requirements to the debtor about payment of obligatory payments in full;

form of the message of the administrator of budget receipts of receipt of outstanding amount on obligatory payments in pursuance of the arbitration court ruling about allowance of the application about intention to extinguish requirements to the debtor about payment of obligatory payments in full.

 

Prime Minister

Russian Federation V. Putin

Approved by the order of the Government of the Russian Federation of October 20, 2010 No. 851

Rules of implementation of calculations for the purpose of repayment by founders (participants) of the debtor, the owner of property of the debtor of the unitary enterprise and (or) the third party of requirements to the debtor about payment of obligatory payments during the procedures applied in the case of bankruptcy

1. These rules determine procedure and conditions of implementation of calculations for the purpose of repayment by founders (participants) of the debtor, the owner of property of the debtor - the unitary enterprise and (or) the third party (further - the applicant) requirements to the debtor about payment of the obligatory payments included in the register of requirements of creditors during the procedures of observation, financial improvement, external management and bankruptcy proceedings.

2. The authorized body within 3 working days from the date of receipt of the statement for intention to extinguish requirements to the debtor about payment of obligatory payments in full (further - the statement for intention), and in case, stipulated in Item 3 these rules, within 3 working days from the date of receipt of the data specified in item 4 of these rules brings into Arbitration Court the notification, stipulated in Item the 8th Article 71. 1, or Item 8 of Article 85. 1, or Item 8 of Article 112. 1, or Item 8 of article 129.1 of the Federal law "About Insolvency (Bankruptcy)".

3. The authorized body within 3 working days from the date of receipt of the statement for intention in case of lack at it of information, to the necessary applicant for filling of settlement documents on transfer of taxes, charges and other obligatory payments in budget system of the Russian Federation according to the arbitration court ruling about allowance of the application about intention (daleeraschetny documents), sends to administrators of budget receipts before which there was debt on payment of obligatory payments, request about provision of information necessary for filling of settlement documents.

4. Administrators of budget receipts no later than 3 working days from the date of receipt of the request specified in Item 3 of these rules send to authorized body of the data, necessary for filling of settlement documents.

5. The applicant performs money transfer in the amount of, specified in the arbitration court ruling about allowance of the application about intention, into the accounts opened for bodies of the Federal Treasury for accounting of receipts in budget system of the Russian Federation and their distribution between budgets of budget system of the Russian Federation.

6. Administrators of budget receipts no later than 3 working days from the date of obtaining from the applicant of request about provision of information confirming cash receipt in the relevant budgets of budget system of the Russian Federation send to the applicant the message on receipt of outstanding amount on obligatory payments.

7. In the request specified in Item 6 of these rules the name (for the legal entity), the surname, name, middle name (for physical person) person which performed repayment of requirements to the debtor about payment of obligatory payments in full, and also date and number of the settlement document according to which the specified payment was made are specified.

8. The authorized body no later than the next working day from the date of receipt of the arbitration court ruling about recognition extinguished requirements to the debtor about payment of obligatory payments and about replacement of the creditor in the register of requirements of creditors or arbitration court rulings about refusal in recognition extinguished requirements to the debtor about payment of obligatory payments and about replacement of the creditor in the register of requirements of creditors sends to administrators of budget receipts of the copy of the specified arbitration court rulings.

Return to the applicant of the money listed to them based on the arbitration court ruling about allowance of the application about intention is performed in the procedure established by the Ministry of Finance of the Russian Federation by administrators of budget receipts within 10 working days from the date of entry into force of determination about refusal in recognition of requirements extinguished or determinations about recognition of requirements extinguished in case of money transfer by the applicant over the amount provided by the arbitration court ruling about allowance of the application about intention.

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