Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

FEDERAL LAW OF THE RUSSIAN FEDERETION

of October 26, 2002 No. 127-FZ

About insolvency (bankruptcy)

(as amended on 18-03-2020)

Accepted by the State Duma of the Russian Federation on September 27, 2002

Approved by Council of the Russian Federation on October 16, 2002

Chapter I. General provisions

Article 1. The relations regulated by this Federal Law

1. According to the Civil code of the Russian Federation this Federal Law establishes the bases for recognition of the debtor by insolvent (bankrupt), regulates procedure and conditions of implementation of measures for the prevention of insolvency (bankruptcy), procedure and conditions of holding the procedures applied in the case of bankruptcy and other relations arising in case of inability of the debtor to meet in full requirements of creditors.

2. Operation of this Federal Law extends on legal entities who can be recognized as insolvent (bankrupts) according to the Civil code of the Russian Federation.

3. The relations connected with insolvency (bankruptcy) of citizens, including individual entrepreneurs are regulated by this Federal Law. Regulations which regulate insolvency (bankruptcy) of citizens, including individual entrepreneurs and contain in other Federal Laws, can be applied only after entering of corresponding changes and amendments into this Federal Law.

4. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty of the Russian Federation.

5. To regulated this Federal Law to the relations with participation of foreign persons as creditors provisions of this Federal Law are applied if other is not provided by the international treaty of the Russian Federation.

6. Decisions of the courts of foreign states on insolvency matters (bankruptcy) are recognized in the territory of the Russian Federation according to international treaties of the Russian Federation.

In the absence of international treaties of the Russian Federation decisions of the courts of foreign states on insolvency matters (bankruptcy) are recognized in the territory of the Russian Federation on the basis of reciprocity if other is not provided by the Federal Law.

Article 2. The basic concepts used in this Federal Law

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

insolvency (bankruptcy) (further also - bankruptcy) the inability of the debtor recognized by Arbitration Court in full to meet requirements of creditors for monetary commitments, about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract and (or) to fulfill duty on payment of obligatory payments;

the debtor - the citizen, including the individual entrepreneur, or the legal entity who was incapable to meet requirements of creditors for monetary commitments, about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract and (or) to fulfill duty on payment of obligatory payments during the term established by this Federal Law;

monetary commitment - obligation of the debtor to pay to the creditor certain sum of money according to the civil transaction and (or) other basis provided by the Civil code of the Russian Federation, the budget legislation of the Russian Federation;

obligatory payments - the taxes, charges and other compulsory contributions paid to the budget of appropriate level of the budget system of the Russian Federation and (or) state non-budgetary funds according to the procedure and on conditions which are determined by the legislation of the Russian Federation, including penalties, penalty fee and other sanctions for non-execution or improper execution of obligation by tax payment, charges and other compulsory contributions in the budget of appropriate level of the budget system of the Russian Federation and (or) state non-budgetary funds, and also administrative penalties and penalties established by the penal legislation;

the debtor's head - sole executive body of the legal entity or the head of collegiate executive body, and also the other person performing according to the Federal Law activities on behalf of the legal entity without power of attorney;

creditors - persons having in relation to the debtor rights to claim according to liabilities and other obligations about payment of obligatory payments, about dismissal wage payment and about compensation of the persons working or working according to the employment contract;

competitive creditors are creditors according to monetary commitments (except for authorized bodies, citizens before whom the debtor bears responsibility for damnification of life or to health, moral harm, has obligations on payment of compensation over indemnification provided by the Town-planning code of the Russian Federation (compensation over the indemnification caused as a result of destruction, damage of capital construction project, violation of safety requirements in case of asset construction of capital construction, requirements to ensuring safe operation of the building, construction), remunerations to authors of results of intellectual activities, and also founders (participants) of the debtor according to the obligations following from such participation);

authorized bodies - the federal executive body authorized by the Government of the Russian Federation on representation in the case of bankruptcy and in the procedures applied in the case of bankruptcy, requirements about payment of obligatory payments and requirements of the Russian Federation for monetary commitments, and also executive bodies of subjects of the Russian Federation, local government bodies authorized to represent in the case of bankruptcy and in the procedures applied in the case of bankruptcy, requirements for monetary commitments according to subjects of the Russian Federation, municipalities;

monitoring body (supervision) - the federal executive body authorized by the Government of the Russian Federation on implementation of functions on control (supervision) of activities of self-regulatory organizations of arbitration managers;

regulating authority - the federal executive body authorized by the Government of the Russian Federation on implementation of functions on development of state policy and normative legal regulation in the sphere of insolvency (bankruptcy) and financial improvement;

sanitation - the measures taken by the owner of property of the debtor unitary enterprise, founders (participants) of the debtor, creditors of the debtor and other persons for the purpose of the prevention of bankruptcy and recovery of solvency of the debtor including at any stage of consideration of the case about bankruptcy;

observation - the procedure applied in the case of bankruptcy to the debtor for the purpose of ensuring safety of its property, carrying out financial analysis of the debtor, creation of the register of requirements of creditors and carrying out the first creditor meeting;

financial improvement - the procedure applied in the case of bankruptcy to the debtor for the purpose of recovery of its solvency and debt repayment according to the debt repayment schedule;

external management - the procedure applied in the case of bankruptcy to the debtor for the purpose of recovery of its solvency;

bankruptcy proceedings - the procedure applied in the case of bankruptcy to the debtor declared bankrupt for the purpose of adequate consideration of requirements of creditors;

debt restructuring of the citizen - the rehabilitation procedure applied in the case of bankruptcy to the citizen for the purpose of recovery of its solvency and debt repayment before creditors according to the restructuring plan of debts;

realization of property of the citizen - the rehabilitation procedure applied in the case of bankruptcy to the citizen declared bankrupt for the purpose of adequate consideration of requirements of creditors;

the voluntary settlement - the procedure applied in the case of bankruptcy at any stage of its consideration for the purpose of suit abatement about bankruptcy by reaching an agreement between the debtor and creditors;

the representative of founders (participants) of the debtor - the chairman of the board of directors (supervisory board) or other similar collegiate organ of management of the debtor, or the face chosen the board of directors (supervisory board) or other similar collegiate organ of management of the debtor or person elected founders (participants) of the debtor for representation of their legitimate interests when holding the procedures applied in the case of bankruptcy;

the representative of the owner of property of the debtor - the unitary enterprise - person authorized by the owner of property of the debtor unitary enterprise on representation of its legitimate interests when holding the procedures applied in the case of bankruptcy;

the representative of creditor committee - person authorized by creditor committee to participate in arbitral procedure on the case of bankruptcy of the debtor on behalf of creditor committee;

the representative of creditor meeting - person authorized by creditor meeting to participate in arbitral procedure on the case of bankruptcy of the debtor on behalf of creditor meeting;

the arbitration manager - the citizen of the Russian Federation who is the member of self-regulatory organization of arbitration managers;

the interim manager - the arbitration manager approved by Arbitration Court for carrying out observation according to this Federal Law;

the administrative managing director - the arbitration manager approved by Arbitration Court for carrying out financial improvement according to this Federal Law;

the external managing director - the arbitration manager approved by Arbitration Court for carrying out external management and implementation of other powers established by this Federal Law;

the receiver - the arbitration manager approved by Arbitration Court for carrying out bankruptcy proceedings and implementation of other powers established by this Federal Law or the Deposit Insurance Agency performing the specified powers in the cases established by this Federal Law;

the financial manager - the arbitration manager approved by Arbitration Court for participation in the case of bankruptcy of the citizen;

the moratorium - suspension of execution by the debtor of monetary commitments and payment of obligatory payments;

the employee representative of the debtor - person authorized by workers, former employees of the debtor to represent their legitimate interests when holding the procedures applied in the case of bankruptcy;

self-regulatory organization of arbitration managers (further also - self-regulatory organization) - non-profit organization which is based on membership is created by citizens of the Russian Federation, data on which are included in the unified state register of self-regulatory organizations of arbitration managers and which purposes of activities are regulation and ensuring activities of arbitration managers;

national merging of self-regulatory organizations of arbitration managers (further also - national merging of self-regulatory organizations) - the non-profit organization which is based on membership is created by self-regulatory organizations, unites in the structure more than fifty percent of all self-regulatory organizations, data on which are included in the unified state register of self-regulatory organizations of arbitration managers and which purpose of activities is forming of the approved line item of arbitration managers concerning regulation of the activities performed by them.

the paragraph the thirty fourth ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 266-FZ

the harm done to property rights of creditors - reduction of cost or size of property of the debtor and (or) increase in the size of property requirements to the debtor, and also other consequences of the transactions made by the debtor or legally significant actions or failure to act leading to complete or partial loss of possibility of creditors to have satisfaction of the requirements for obligations of the debtor at the expense of its property;

insufficiency of property - excess of the size of monetary commitments and obligations on payment of obligatory payments of the debtor over property value (assets) of the debtor;

insolvency - the termination of execution by the debtor of part of monetary commitments or obligations on payment of obligatory payments caused by insufficiency of money. At the same time insufficiency of money is supposed if other is not proved;

federal standards - the federal standards of professional activity of arbitration managers and federal standards of activities of self-regulatory organizations of arbitration managers developed by national merging of self-regulatory organizations of arbitration managers, approved by regulating authority according to this Federal Law and being arbitration managers and self-regulatory organizations of arbitration managers, obligatory for execution.

Article 3. Signs of bankruptcy of the legal entity

1. Ceased to be valid according to the Federal Law of the Russian Federation of 29.06.2015 No. 154-FZ

2. The legal entity is considered not capable to meet requirements of creditors for monetary commitments, about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract and (or) to fulfill duty on payment of obligatory payments if the corresponding obligations and (or) obligation are not performed by it within three months from date when they be performed.

3. The provision, stipulated in Item 2 these Articles, is applied if other is not established by this Federal Law.

Article 4. Structure and the size of monetary commitments, requirements about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract and obligatory payments

1. The structure and the size of monetary commitments, requirements about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract and obligatory payments are determined for date of giving in Arbitration Court of the statement for recognition of the debtor by the bankrupt if other is not provided by this Federal Law.

The structure and the size of monetary commitments, requirements about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract and the obligatory payments which arose before adoption by Arbitration Court of the statement for recognition of the debtor by the bankrupt and declared after adoption of such statement by Arbitration Court are determined on Date of Introduction of the first procedure applied in the case of bankruptcy.

The paragraph third ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2014 No. 482-FZ

The structure and the size of monetary commitments, requirements about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract and the obligatory payments expressed in foreign currency are determined in rubles by the rate established by the Central bank of the Russian Federation on Date of Introduction of each procedure applied in the case of bankruptcy and following after approach of completion date of the corresponding obligation.

For the purpose of participation in the case of bankruptcy requirements of creditors for monetary commitments, about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract and about payment of obligatory payments which completion date did not step on Date of Introduction of observation are considered.

2. For determination of availability of signs of bankruptcy of the debtor are considered:

the size of monetary commitments, including the size of debt for the transferred goods, the performed works and the rendered services, loan amounts taking into account the percent which are subject to payment by the debtor, the size of the debt which arose owing to unjust enrichment and the size of the debt which arose owing to property tort of creditors, except for obligations to citizens before which the debtor bears responsibility for damnification of life or to health, obligations on payment of compensation over indemnification, obligations on remuneration payment to authors of results of intellectual activities, and also the obligations to founders (participants) of the debtor following from such participation;

the amount of obligatory payments without the penalties (penalty fee) and other financial sanctions established by the legislation of the Russian Federation.

Subject to application for non-execution or improper execution of the obligation of penalty (penalties, penalty fee), percent for the payment delay, losses in the form of lost profit which are subject to compensation for non-execution or improper execution of the obligation, and also other property and (or) financial sanctions, including for non-execution of obligation on payment of obligatory payments are not considered in case of determination of availability of signs of bankruptcy of the debtor.

3. The size of monetary commitments or obligatory payments is considered established if it is determined by court according to the procedure, provided by this Federal Law.

4. In cases if the debtor challenges requirements of creditors, the size of monetary commitments, requirements about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract, or obligatory payments is determined by Arbitration Court according to the procedure, provided by this Federal Law.

5. Requirements of creditors for the obligations which are not cash can be shown in court and are considered by court, Arbitration Court according to the procedure, provided by the procedural legislation.

Article 4.1. Features of determination of the size of the monetary commitments arising from financial contracts

1. Obligations from the agreements signed on the terms of the general agreement (the single agreement) which corresponds to approximate conditions of agreements, the stipulated in Article 51.5 Federal Laws "About the Security Market", and (or) the agreements signed on the terms of rules of the organized biddings and (or) rules of clearing (further - financial contracts) stop according to the procedure, provided specified by the general agreement (the single agreement), and (or) rules of the organized biddings, and (or) rules of clearing.

In case of discharge from financial contracts calculation of the size of the arising monetary commitment (monetary commitments) (determination net - obligations (net - obligations) according to the procedure and in time, provided by the general agreement (the single agreement), and (or) rules of the organized biddings, and (or) rules of clearing is perfromed.

1.1. The procedure for discharge established by this Article is subject to application including in case of discharge, arisen on the bases provided by the general agreements (single agreements) signed between the same parties, and (or) rules of the organized biddings, and (or) rules of clearing.

The procedure specified in paragraph one of this Item is not subject to application if availability of general agreements (single contracts) between the same parties is result of replacement of the party of the general agreement (the single agreement) performed:

after adoption by Arbitration Court of the statement for recognition of the debtor by the bankrupt or within one month before adoption of such statement (except as specified universal succession);

within six months before adoption by Arbitration Court of the statement for recognition of the debtor by the bankrupt based on the transaction made with the interested person;

within one month until response at the debtor of the license for banking operations;

based on the transaction made within three years before adoption by Arbitration Court of the statement for recognition of the debtor by the bankrupt or response at the debtor of the license for banking operations with person who knew about signs of insolvency or insufficiency of property of the debtor.

2. Rules of Item 1 of this Article are applied to financial contracts which are signed before date of appointment of temporary administration, or before acceptance date by Arbitration Court of the decision on introduction of one of insolvency proceedings, or before date of revocation of license on banking operations, depending on what date came earlier.

3. If financial contracts are signed on the terms of the general agreement (the single agreement), application of rules of Item 1 of this Article in addition to requirements of Item 2 of this Article requires observance of the following requirements:

1) one of agreement parties (the beneficiary under the agreement) is:

Russian credit institution or professional participant of the security market;

Bank of Russia;

the foreign legal entity having the right according to the personal law to perform banking activity or professional activity in the security market, with the organization place in the states specified in subitems 1 and 2 of Item 2 of article 51.1 of the Federal law "About the Security Market";

Central Bank of the foreign state specified in subitems 1 and 2 of Item 2 of article 51.1 of the Federal law "About the Security Market";

international financial institution;

other Russian legal entity;

Russian Federation, subjects of the Russian Federation, municipalities;

owners of investment shares of mutual investment fund (in cases if they are beneficiaries on the financial contract signed by managing company for the benefit of mutual investment fund);

foreign state, the subject of the foreign federal state, administrative-territorial formation of foreign state which are specified in subitems 1 and 2 of Item 2 of article 51.1 of the Federal law "About the Security Market";

other foreign legal entity with the organization place in the states specified in subitems 1 and 2 of Item 2 of article 51.1 of the Federal law "About the Security Market".

At the same time the face provided by paragraphs the second - the sixth this subitem shall be the second party of financial contract;

2) record about the conclusion of the general agreement (the single agreement) is entered in the register of agreements which maintaining is performed by repository according to the procedure, the stipulated in Clause 15.8 Federal Laws "About the Security Market";

3) the general agreement (the single agreement) contains procedure for discharge in connection with introduction of insolvency proceedings of one of the parties of the general agreement (the single agreement) and determinations net - obligations - the liability arising in connection with such termination, providing that:

obligations stop under all agreements signed according to the general agreement (the single agreement);

the general agreement (the single agreement) contains the procedure for discharge conforming to requirements of the subitem 2 of Item 3 of article 51.5 of the Federal law "About the Security Market" in connection with introduction of insolvency proceedings of one of the parties of the general agreement (the single agreement) and determinations net - obligations - the liability arising in connection with such termination;

net - the obligation is determined by all stopping obligations and does not include indemnification in the form of lost profit and collection of penalties (penalties, penalty fee).

4. If financial contracts are signed on the terms of rules of the organized biddings and (or) rules of clearing, for application of rules of Item 1 of this Article in addition to requirements of Item 2 of this Article the specified rules shall contain the procedure for discharge conforming to requirements of subitem 6.1 of Item 2 of article 4 of the Federal law "About Clearing and Clearing Activities" in connection with bankruptcy and determinations net - obligations.

5. Provisions of this Article are not applied to the obligations which arose from rules of the organized biddings and (or) rules of clearing on the payment of remuneration of the clearing organization and the organizations specified in items 4 - 7 parts 2 of article 19 of the Federal law "About Clearing and Clearing Activities".

6. Provisions of this Article are not applied to the relations settled by paragraph 7 of Chapter IX and Chapter X of this Federal Law.

Article 5. Current payments

1. For the purpose of this Federal Law the current payments are understood as liabilities, requirements about dismissal wage payment and (or) about compensation of persons working or working according to the employment contract and the obligatory payments which arose after acceptance date of the statement for recognition of the debtor by the bankrupt if other is not established by this Federal Law.

The proceeedings which arose after excitement about bankruptcy of the requirement of creditors about payment of the delivered goods, the rendered services and the performed works are current.

2. Requirements of creditors for the current payments are not subject to inclusion in the register of requirements of creditors. Creditors on the current payments when holding the corresponding procedures applied in the case of bankruptcy are not recognized persons participating in the case of bankruptcy.

3. The satisfaction of requirements of creditors for the current payments during the procedures applied in the case of bankruptcy is made according to the procedure, established by this Federal Law.

4. Creditors on the current payments have the right to appeal actions or failure to act of the arbitration manager in the Arbitration Court considering case on bankruptcy if such actions or failure to act violate their rights and legitimate interests.

Article 6. Hearing of cases about bankruptcy

1. Cases on bankruptcy are considered by Arbitration Court.

2. If other is not provided by this Federal Law, proceeedings about bankruptcy can be initiated by Arbitration Court provided that requirements to the debtor - to the legal entity in total constitute at least than three hundred thousand rubles, and concerning the debtor - physical person - at least the size, stipulated in Item 2 articles 213.3 of this Federal Law.

3. Paragraph one of ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2014 No. 482-FZ

Requirements of authorized bodies about payment of obligatory payments are taken into account for initiation of proceeedings about bankruptcy if such requirements are confirmed with decisions of tax authority, customs authority about debt collection at the expense of money or other property of the debtor or the judgment which took legal effect or Arbitration Court.

Article 7. Right to the appeal to Arbitration Court

1. The debtor, the competitive creditor, authorized bodies, and also the worker, the former employee of the debtor having requirements about dismissal wage payment and (or) about compensation have rights to the appeal to Arbitration Court with the statement for recognition of the debtor by the bankrupt.

2. The right to the appeal to Arbitration Court arises at the competitive creditor, the worker, the former employee of the debtor, authorized body according to monetary commitments from the date of the introduction in legal force of the judgment, Arbitration Court or court resolution about issue of writs of execution on forced execution of decisions of reference tribunal on collection from the debtor of money.

The right to the appeal to Arbitration Court arises at the competitive creditor - credit institution, and also at the competitive creditor - the ВЭБ.РФ state corporation from the date of origin at the debtor of the signs of bankruptcy established by this Federal Law.

The right to the appeal to Arbitration Court arises at the authorized body on obligatory payments after thirty days from decision date specified in the paragraph the second Item 3 of article 6 of this Federal Law.

2.1. The right to the appeal to Arbitration Court arises at the competitive creditor, the debtor, the worker, the former employee of the debtor according to the procedure, stipulated in Item 2 these Articles, on condition of preliminary, at least in fifteen calendar days prior to the appeal to Arbitration Court, publications of the notification on intention to file petition for recognition of the debtor by the bankrupt by its inclusion in the Unified federal register of data on the facts of activities of legal entities.

After thirty days from the date of publication of the specified notification of the data, containing in it, void.

3. Partial execution of requirements of the competitive creditor, worker, former employee of the debtor, authorized body is not the basis for refusal by Arbitration Court in adoption of the statement for recognition of the debtor by the bankrupt if the amount of unexecuted requirements constitutes at least than the size determined according to Item 2 of article 6 of this Federal Law.

Article 8. The right to filing of application of the debtor in Arbitration Court

The debtor has the right to submit to Arbitration Court the application of the debtor in case of anticipation of bankruptcy in the presence of the circumstances obviously testimonial of the fact that he will not be able to fulfill monetary commitments, requirements about dismissal wage payment and (or) about compensation of persons working or working according to the employment contract and (or) obligation for payment of obligatory payments at the scheduled time.

Article 9. The debtor's obligation on filing of application of the debtor in Arbitration Court

1. The head of the debtor shall file petition of the debtor in Arbitration Court if:

the satisfaction of requirements of one creditor or several creditors leads to impossibility of performance the debtor of monetary commitments or obligations on payment of obligatory payments and (or) other payments in full before other creditors;

the body of the debtor authorized according to its constituent documents for decision making about liquidation of the debtor makes the decision on the appeal to Arbitration Court with the statement of the debtor;

the body authorized by the owner of property of the debtor unitary enterprise makes the decision on the appeal to Arbitration Court with the statement of the debtor;

the address of claim to property of the debtor will significantly complicate or will make impossible economic activity of the debtor;

the debtor answers signs of insolvency and (or) signs of insufficiency of property;

there is debt on dismissal wage payment, compensation and other payments which are due to the worker, the former employee which is not extinguished within more than three months because of insufficiency of money in the amount of and according to the procedure which are established according to the labor law;

this Federal Law provides other cases.

2. The application of the debtor shall be directed to Arbitration Court in cases, stipulated in Item 1 this Article, in the shortest possible time, but not later than in month from the date of emergence of the corresponding circumstances.

3. If when carrying out liquidation the legal entity began to answer signs of insolvency and (or) signs of insufficiency of property, the liquidation commission of the debtor shall appeal to Arbitration Court with the statement of the debtor within ten days from the moment of identification any of the specified signs.

3.1. If during stipulated in Item 2 these Articles of term the head of the debtor did not appeal to Arbitration Court with the statement of the debtor and the circumstances provided by paragraphs the second, fifth - the eighth Item 1 of this Article, within ten calendar days from the date of the expiration of this term are not eliminated:

the owner of property of the debtor - the unitary enterprise shall make the decision on the appeal to Arbitration Court with the statement of the debtor;

persons having the right to initiate convocation of extraordinary general shareholder meeting (participants) of the debtor or other persons controlling the debtor shall demand holding early meeting of governing body of the debtor authorized on decision making about liquidation of the debtor for decision making about the appeal to Arbitration Court with the statement for recognition of the debtor by the bankrupt which shall be carried out no later than ten calendar days from the date of submission of the requirement about its convocation. The specified body shall make the decision on the appeal to Arbitration Court with the statement of the debtor if for date of its meeting the circumstances provided by paragraphs the second, fifth - the eighth Item 1 of this Article are not eliminated.

Article 10.

Voided according to the Federal Law of the Russian Federation of 29.07.2017 No. 266-FZ

Article 11. Rights of creditors and authorized bodies

1. Competitive creditors, workers, former employees of the debtor and authorized bodies have rights to filing of application about recognition of the debtor by the bankrupt.

2. The executive bodies and the organizations given in accordance with the legislation of the Russian Federation the debt collection right on the obligatory payments having the right to participate in judicial sessions on consideration of justification of requirements for these payments and the bases for inclusion of these requirements in the register of requirements of creditors.

Article 12. Creditor meeting

1. Participants of the meeting of creditors with voting power are competitive creditors and authorized bodies which requirements are included in the register of requirements of creditors of date of creditor meeting. The employee representative of the debtor, the representative of founders (participants) of the debtor, the representative of the owner of property of the debtor unitary enterprise, the representative of self-regulatory organization which member is the arbitration manager approved in the case of bankruptcy, the representative of monitoring body (supervision) which have the right to act concerning the agenda of creditor meeting has the right to participate in creditor meeting without voting power.

In cases if in the case of bankruptcy the single competitive creditor or authorized body participates, the decisions which are within the competence of creditor meeting are accepted by such creditor or authorized body.

The organization and carrying out creditor meeting are performed by the arbitration manager.

Competitive creditors whose requirements are provided with pledge of property of the debtor have the right to vote on creditor meetings:

during observation;

during financial improvement and external management in case of refusal from realization of subject of pledge or removal of determination by Arbitration Court about refusal in satisfaction of the petition for realization of subject of pledge during the corresponding procedure applied in the case of bankruptcy;

on the issue of the choice of the arbitration manager or self-regulatory organization from among which members Arbitration Court the arbitration manager affirms;

on the appeal to Arbitration Court with the petition for discharge of the arbitration manager;

on the appeal to Arbitration Court with the petition for the termination of bankruptcy proceedings and transition to external management;

during debt restructuring of the citizen;

during realization of property of the citizen.

Competitive creditors regarding requirements which are provided with pledge of property of the debtor and according to which they have no right to vote on creditor meetings have the right to participate in creditor meeting without voting power, including to act concerning the agenda of creditor meeting.

2. Decision making is within the exclusive competence of creditor meeting:

about introduction of financial improvement, external management and about change of term of their carrying out, about the address with the corresponding petition to Arbitration Court;

about approval and change of the plan of external management;

about approval of the plan of financial improvement and the debt repayment schedule;

about approval of additional requirements to candidates for the administrative managing director, the external managing director, the receiver;

about the choice of the arbitration manager or self-regulatory organization which of members Arbitration Court the arbitration manager affirms;

about establishment of the size and payment procedure of extra fee to the arbitration manager;

about increase in the size of fixed amount of remuneration of the arbitration manager;

about the choice of registry holder from among the registry holders accredited by self-regulatory organization of arbitration managers;

about the conclusion of the voluntary settlement;

about the appeal to Arbitration Court with the petition for recognition of the debtor by the bankrupt and for opening of bankruptcy proceedings;

about formation of creditor committee, about determination of its quantitative structure, about election of members of the committee of creditors and about early termination of powers of creditor committee;

about reference to competence of creditor committee of questions on decisions according to which this Federal Law are made by creditor meeting or creditor committee, except for questions which according to this Article are carried to exclusive competence of creditor meeting;

about election of the representative of creditor meeting.

The questions which are according to this Federal Law within the exclusive competence of creditor meeting cannot be transferred for the decision to other persons or bodies.

3. The competitive creditor, authorized body have on creditor meeting the poll pro rata to the size of their requirements to the total amount of requirements for monetary commitments and about payment of the obligatory payments included in the register of requirements of creditors of date of creditor meeting according to this Federal Law.

Subject to application for non-execution or improper execution of the obligation of penalty (penalties, penalty fee), percent for payment delay, losses in the form of lost profit, and also other property and (or) financial sanctions, including for non-execution of obligation on payment of obligatory payments, for the purposes of determination of poll on creditor meeting are not considered.

4. Creditor meeting is competent if at it there were competitive creditors and authorized bodies included in the register of requirements of creditors and having more than half of voices from total number of voices of the competitive creditors and authorized bodies included in the register of requirements of creditors. Repeatedly called creditor meeting is competent if at it there were competitive creditors and authorized bodies included in the register of requirements of creditors and having more than thirty percent of votes from total number of voices of the competitive creditors and authorized bodies included in the register of requirements of creditors provided that competitive creditors and authorized bodies were properly notified on time and the venue of creditor meeting according to this Federal Law.

5. If creditor meeting is not held by the arbitration manager in terms, stipulated in Item 3 articles 14 of this Federal Law, creditor meeting can be held by person or persons requiring its convocation.

6. According to the solution of creditor meeting or the interim manager the registry holder keeping the register of requirements of creditors when carrying out creditor meeting can perform the following functions:

check powers and register persons participating in creditor meeting;

provide established procedure of vote;

count voices;

constitute the protocol on vote results.

7. The protocol of creditor meeting is constituted in duplicate, one of which goes to Arbitration Court not later than in five days from date of creditor meeting if other term is not established by this Federal Law.

In case of carrying out creditor meeting according to the procedure, stipulated in Item the 5th this Article, the protocol of creditor meeting is constituted in triplicate, first of which the second goes to Arbitration Court, - to the arbitration manager not later than in five days from date of creditor meeting. The third copy of the protocol of creditor meeting is stored at person holding meeting.

Copies shall be attached to the protocol of creditor meeting:

register of requirements of creditors of date of creditor meeting;

voting bulletins;

the documents confirming powers of participants of the meeting;

the materials provided to participants of the meeting for acquaintance and (or) approval;

the documents which are the proofs testimonial of the proper notice of competitive creditors and authorized bodies of date and the venue of creditor meeting;

other documents at the discretion of the arbitration manager or based on the solution of creditor meeting.

Originals of the specified documents are subject to storage by the arbitration manager or registry holder before completion of proceeedings about bankruptcy if other term is not established by this Federal Law, and are represented upon the demand of Arbitration Court or in other cases provided by the Federal Law. The message containing data on the decisions made by creditor meeting or data on creditor meeting recognition by cancelled is subject to inclusion by the arbitration manager in the Unified Federal Register of Bankruptcy Information within five working days from the date of its carrying out, and in case of carrying out creditor meeting by other persons - within three working days from the date of receipt by the arbitration manager of the protocol of creditor meeting.

The arbitration manager shall provide access to copies of the specified documents to persons participating in the case of bankruptcy and also the employee representative of the debtor, the representative of founders (participants) of the debtor, the representative of the owner of property of the debtor - the unitary enterprise.

Article 12.1. Meeting of workers, former employees of the debtor, election of the employee representative of the debtor

1. The organization and holding meeting of workers, former employees of the debtor are performed by the arbitration manager.

The meeting of workers, former employees of the debtor is held not later than five working days before date of creditor meeting.

In case of impossibility of holding meeting of workers, former employees of the debtor the venue of such meeting is determined by the location of the debtor or governing bodies of the debtor by the arbitration manager.

According to the decision of the arbitration manager the meeting of workers, former employees of the debtor can be held in the form of correspondence voting.

2. For the purposes of this Federal Law the proper notice of the worker, former employee of the debtor the direction it messages on holding meeting of workers, former employees of the debtor by mail not later than ten days before date of its carrying out or other method providing such message at least in five working days prior to date of meeting of workers, former employees of the debtor, and also publication of such message according to the procedure, stipulated in Clause the 28th this Federal Law is recognized.

If the number of workers, former employees of the debtor exceeds hundred, their proper notice publication of the message on holding meeting of workers, former employees of the debtor according to the procedure, stipulated in Clause the 28th this Federal Law is recognized.

In case of impossibility to reveal the data necessary for the personal notification of the worker, the former employee of the debtor in the place of their permanent or preferential residence or the location, or in the presence of other circumstances making impossible such notification of specified persons, the proper notice of specified persons publication of data on holding meeting of workers, former employees of the debtor according to the procedure, stipulated in Clause the 28th this Federal Law is recognized.

3. In the message on holding meeting of workers, former employees of the debtor shall be specified:

1) form of holding meeting of workers, former employees of the debtor (meeting, absentee voting);

2) date, the place and time of holding meeting of workers, former employees of the debtor, in case of holding such meeting in the form of correspondence voting end date of acceptance of voting bulletins and the postal address to which the filled voting bulletins shall go;

3) agenda of meeting of workers, former employees of the debtor.

4. When holding meeting of workers, former employees of the debtor in the form of correspondence voting voting bulletins shall be attached to the message on holding meeting of workers, former employees of the debtor included in the Unified Federal Register of Bankruptcy Information.

5. If the meeting of workers, former employees of the debtor is not held by the arbitration manager to the terms provided by this Article, meeting of workers, former employees of the debtor can be held by person or persons requiring its convocation.

6. The meeting of workers, former employees of the debtor is competent if at it there is more than half of number of persons employed, the former employees of the debtor known for date of convocation of such meeting.

7. Decisions of meeting of workers, former employees of the debtor are accepted by a majority vote from poll of workers, former employees of the debtor, attendees at such meeting, or in case of carrying out by its way of correspondence voting - by a majority vote from total number of voices of workers, former employees of the debtor.

8. The protocol of meeting of workers, former employees of the debtor is constituted in duplicate, one of which goes to Arbitration Court not later than in three days from date of such meeting.

In case of holding meeting of workers, former employees of the debtor according to the procedure, established by Items 3 and 4 of this Article, the protocol of such meeting is constituted in triplicate, first of which the second goes to Arbitration Court, - to the arbitration manager not later than in three days from date of such meeting. The third copy of the protocol of meeting of workers, former employees of the debtor is stored at person holding such meeting.

Based on the protocol specified in this Item the employee representative of the debtor performs the powers.

The message containing data on the decisions made by meeting of workers, former employees of the debtor is subject to inclusion by the arbitration manager in the Unified Federal Register of Bankruptcy Information within five working days from date of such meeting, and in case of its carrying out by other persons - within three working days from the date of receipt by the arbitration manager of the protocol of meeting of workers, former employees of the debtor. This message along with the data specified in Item 8 of article 28 of this Federal Law shall contain the information about the number of workers, the former employees of the debtor which are present at meeting of workers, former employees of the debtor and about the amount of requirements of creditors of second priority.

9. The meeting of workers, former employees of the debtor has the right to elect the new employee representative of the debtor instead of the employee representative of the debtor who is earlier elected by meeting of workers, former employees of the debtor at any time.

For the purpose of election of the new employee representative of the debtor at least a half of number of persons employed, former employees of the debtor shall file the corresponding petition to the arbitration manager.

The employee representative of the debtor has the right to refuse unilaterally implementation of powers of the employee representative of the debtor, having directed the corresponding application to the arbitration manager in time at least in two months prior to date of the termination of given power.

For the purpose of election of the new employee representative of the debtor in the cases specified in this Item the arbitration manager not later than within twenty working days from receipt date of the statement specified in this Item reports to the employee representative of the debtor about the termination of its powers, and also will organize and holds meeting of workers, former employees of the debtor concerning election of the employee representative of the debtor according to the procedure, established by this Article.

10. The employee representative of the debtor during the implementing of the rights and execution of the obligations provided by the Federal Laws shall act for the benefit of all workers, former employees of the debtor.

11. Fee of the employee representative of the debtor is performed at the expense of the debtor. According to the petition of the arbitration manager the amount of fee of the employee representative of the debtor is established by Arbitration Court.

Article 13. Notification on carrying out creditor meeting

1. For the purposes of this Federal Law the proper notice the direction to the competitive creditor, in authorized body, and also to the other person having according to this Federal Law the participation right in creditor meeting, messages on carrying out creditor meeting by mail not later than fourteen days before date of creditor meeting or other method providing such message at least in five working days prior to date of creditor meeting is recognized.

2. If the number of competitive creditors and authorized bodies exceeds five hundred, the proper notice publication of the message on the carrying out creditor meeting according to the procedure determined by article 28 of this Federal Law is recognized.

In case of impossibility to reveal the data necessary for the personal notification of the competitive creditor in the place of its permanent or preferential residence or the location or other person having according to this Federal Law the participation right in creditor meeting, or in the presence of other circumstances making impossible such notification of specified persons, the proper notice of such persons publication of data on the carrying out creditor meeting according to the procedure determined by article 28 of this Federal Law is recognized.

3. The message on carrying out creditor meeting shall contain the following data:

name, location of the debtor and his address;

date, time and venue of creditor meeting;

agenda of creditor meeting;

procedure for acquaintance with the materials which are subject to consideration by creditor meeting;

order of registration of participants of the meeting.

Person who holds creditor meeting shall provide access to the materials provided to participants of the meeting of creditors for acquaintance and (or) approval, at least in five working days prior to date of creditor meeting if other term is not established by this Federal Law.

4. The message on carrying out creditor meeting is subject to inclusion by the arbitration manager in the Unified Federal Register of Bankruptcy Information according to the procedure, stipulated in Clause the 28th this Federal Law, at least in fourteen days prior to date of creditor meeting.

Article 14. Procedure for convocation of creditor meeting

1. Creditor meeting is convoked on initiative:

arbitration manager;

creditor committee;

competitive creditors and (or) authorized bodies which rights to claim constitute at least than ten percent of total amount of requirements of creditors on monetary commitments and about payment of the obligatory payments included in the register of requirements of creditors;

one third of total quantity of competitive creditors and authorized bodies.

2. In the requirement about carrying out creditor meeting the questions which are subject to entering into the agenda of creditor meeting shall be formulated.

The arbitration manager has no right to make changes to formulations of questions of the agenda of the creditor meeting convoked upon the demand of creditor committee, competitive creditors and (or) authorized bodies.

3. Creditor meeting upon the demand of creditor committee, competitive creditors and (or) authorized bodies is carried out by the arbitration manager not later than within three weeks from the date of receipt by the arbitration manager of the requirement of creditor committee, competitive creditors and (or) authorized bodies about carrying out creditor meeting if other term is not established by this Federal Law.

4. Creditor meeting is held in the location of the debtor or governing bodies of the debtor if other is not established by creditor meeting.

In case of impossibility of carrying out creditor meeting the venue of creditor meeting is determined by the location of the debtor or governing bodies of the debtor by the arbitration manager.

Date, time and the venue of creditor meeting shall not interfere with participation in such meeting to creditors or their representatives, and also the other persons having the right according to this Federal Law to take part in creditor meeting.

Article 15. Procedure for decision making by creditor meeting

1. Solutions of creditor meeting on the questions put to the vote are accepted by a majority vote from poll of the competitive creditors and authorized bodies which are present at creditor meeting if other is not provided by this Federal Law.

2. By a majority vote from total number of voices of competitive creditors and authorized bodies which requirements are included in the register of requirements of creditors creditor meeting makes decisions:

about formation of creditor committee, determination of quantitative structure and powers of creditor committee, election of his members;

about early termination of powers of creditor committee and about election of new structure of creditor committee;

about introduction of financial improvement, about change of term of its carrying out and about the address with the corresponding petition to Arbitration Court;

about approval of the debt repayment schedule;

about introduction and prolongation of external management and about the address with the corresponding petition to Arbitration Court;

about approval and change of the plan of external management;

about the appeal to Arbitration Court with the petition for recognition of the debtor by the bankrupt and for opening of bankruptcy proceedings;

about the choice of the arbitration manager or self-regulatory organization which of members the Arbitration Court approves the arbitration manager;

about the appeal to Arbitration Court with the petition for discharge of the arbitration manager;

about inclusion in the agenda of creditor meeting of additional questions and the decisions made on them;

about the conclusion of the voluntary settlement according to the procedure and on conditions which are stipulated in Item 2 articles 150 of this Federal Law.

3. Ceased to be valid

4. If the solution of creditor meeting violates the rights and legitimate interests of persons participating in the case of bankruptcy of persons participating in arbitral procedure on the case of bankruptcy, the third parties or it is accepted with violation of the limits of competence of creditor meeting set by this Federal Law, such decision can be nullified by the Arbitration Court considering case on bankruptcy according to the statement of persons participating in the case of bankruptcy, persons participating in arbitral procedure on the case of bankruptcy or the third parties.

The application for recognition of the solution of creditor meeting by invalid can be submitted by person notified properly about carrying out the creditor meeting which made such decision within twenty days from acceptance date of such decision.

The application for recognition of the solution of creditor meeting by invalid can be submitted by person who is not notified properly on carrying out the creditor meeting which made such decision within twenty days from date when such person learned or owed learn about the decisions made by this creditor meeting, but not later than within six months from decision date creditor meeting.

5. The arbitration court ruling about recognition invalid solutions of creditor meeting or on refusal in recognition invalid solutions of creditor meeting is subject to immediate execution and can be appealed according to the procedure, stipulated in Item 3 articles 61 of this Federal Law.

Article 16. Register of requirements of creditors

1. The register of requirements of creditors is kept by the arbitration manager or registry holder.

The register of requirements of creditors as registry holder is kept by the professional participants of the security market performing activities for maintaining the register of owners of securities.

The registry holder shall perform the activities according to the federal standards concerning content and procedure for maintaining the register of requirements of creditors.

2. The decision on attraction of registry holder to maintaining the register of requirements of creditors and the choice of registry holder is accepted by creditor meeting. Before date of the first creditor meeting the decision on attraction of registry holder to maintaining the register of requirements of creditors and the choice of registry holder is accepted by the interim manager.

The solution of creditor meeting on the choice of registry holder shall contain the amount of fee of registry holder approved with registry holder.

If the number of competitive creditors whose requirements are included in the register of requirements of creditors exceeds five hundred, attraction of registry holder is obligatory.

3. Not later than in five days from the date of the choice by creditor meeting of registry holder the arbitration manager sign the relevant contract with registry holder.

The contract with registry holder can be signed only in the presence at it the insurance contract of responsibility on case of causing losses to persons participating in the case of bankruptcy.

Information on registry holder shall be brought by the arbitration manager into Arbitration Court not later than in five days from the date of the conclusion of the agreement.

Fee of registry holder is performed at the expense of means of the debtor if creditor meeting does not establish other source of fee of registry holder.

4. The registry holder shall pay the damages caused by non-execution or improper execution of the obligations provided by this Federal Law.

If maintaining the register of requirements of creditors is transferred to registry holder, the arbitration manager does not bear responsibility for correctness of maintaining the register of requirements of creditors and is not responsible for making by registry holder of other actions (failure to act) which cause or can cause damage to the debtor and his creditors.

5. In the register of requirements of creditors account of requirements of creditors is kept in currency of the Russian Federation. The requirements of creditors expressed in foreign currency are considered in the register of requirements of creditors according to the procedure, the stipulated in Clause 4 presents of the Federal Law.

6. Requirements of creditors join in the register of requirements of creditors and are excluded from it by the arbitration manager or registry holder only based on the become effective court resolutions establishing their structure and the size if other is not determined by this Item.

Requirements about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract join in the register of requirements of creditors the arbitration manager or registry holder on representation of the arbitration manager, and in case of contest of these requirements - based on the court resolution establishing structure and the size of these requirements.

Requirements about dismissal wage payment and (or) about compensation of the persons working or working according to the employment contract are excluded from the register of requirements of creditors by the arbitration manager or registry holder only based on the become effective court resolutions.

If maintaining the register of requirements of creditors is performed by registry holder, the court resolutions establishing the size of requirements of creditors go Arbitration Court to registry holder for inclusion of relevant requirements in the register of requirements of creditors.

7. In the register of requirements of creditors the information about each creditor, about the size of its requirements to the debtor, about priority of satisfaction of each requirement of the creditor, and also the basis of emergence of requirements of creditors is specified.

In case of the statement of requirements the creditor shall specify the information about himself, including surname, name, middle name, passport data (for physical person), the name, the location (for the legal entity), and also bank details (in case of their availability).

If in the case of bankruptcy of the debtor interests of creditors - bondholders are represented by the representative of bondholders determined in accordance with the legislation of the Russian Federation about securities or the depositary performing centralized accounting of the rights to bonds in the register of requirements of creditors data on the general size of requirements of the specified creditors and the information about such representative of bondholders or on such depositary are specified. The information about each creditor - the bondholder at the same time is not specified.

7.1. Requirements of competitive creditors for the obligations provided with pledge of property of the debtor are considered in the register of requirements of creditors as a part of requirements of creditors of the third queue.

8. Person whose requirements are included in the register of requirements of creditors shall inform timely the arbitration manager or registry holder on change of the data specified in Item 7 of this Article.

In case of non-presentation of such data or their untimely representation the arbitration manager or registry holder and the debtor do not bear responsibility for caused with respect thereto losses.

9. The arbitration manager or registry holder shall upon the demand of the creditor or his authorized representative within five working days from the date of receipt of such requirement to send to this creditor or his authorized representative the statement from the register of requirements of creditors about the size, about structure and about priority of satisfaction of its requirements and if the outstanding amount to the creditor constitutes at least than one percent of general accounts payable to send to this creditor or his authorized representative the copy of the register of requirements of creditors certified by the arbitration manager.

Expenses on preparation and the direction of such statement and copy of the register are assigned to the creditor.

10. The disagreements arising between competitive creditors, authorized bodies and the arbitration manager about structure, about the size and about priority of satisfaction of requirements of creditors for monetary commitments or about payment of obligatory payments, are considered by Arbitration Court according to the procedure, provided by this Federal Law.

Disagreements according to the requirements of creditors or authorized bodies confirmed with the judgment which took legal effect regarding their structure and the size are not subject to consideration by Arbitration Court, and statements for such disagreements are subject to return without consideration, except for the disagreements connected with execution of court resolutions or their review.

11. The disagreements arising between the employee representative of the debtor and the arbitration manager and connected with priority, structure and the size of requirements about dismissal wage payment and about compensation of persons working according to employment contracts are considered by Arbitration Court according to the procedure, provided by this Federal Law.

Employment disputes between the debtor and the worker of the debtor are considered according to the procedure, determined by the labor law and the civil procedural legislation.

Article 17. Creditor committee

1. The creditor committee represents legitimate interests of competitive creditors, authorized bodies and exercises control of actions of the arbitration manager, and also realizes other powers conferred by creditor meeting according to the procedure, provided by this Federal Law.

2. If the number of competitive creditors, authorized bodies makes less than fifty, creditor meeting can not make the decision on formation of creditor committee.

3. The creditor committee for implementation of the functions assigned to it has the right:

demand from the arbitration manager or the head of the debtor to provide information on financial condition of the debtor and the course of the procedures applied in the case of bankruptcy;

appeal in Arbitration Court of action of the arbitration manager;

make decisions on creditor meeting convocation;

make decisions on the appeal to creditor meeting with the recommendation of discharge of the arbitration manager from execution of its obligations;

make other decisions, and also make other actions in case of provision by creditor meeting of such powers according to the procedure, established by this Federal Law.

4. The quantitative structure of creditor committee is determined by creditor meeting, but cannot be less than three persons and more than eleven people.

5. In case of the solution of questions on committee meeting of creditors each member of the committee of creditors has one voice.

Transfer of voting power by the member of the committee of creditors to the other person is not allowed.

6. Decisions of creditor committee are made by a majority vote from total quantity of members of the committee of creditors.

7. The creditor committee for realization of the powers has the right to elect the representative. Such decision is drawn up by the minutes of creditor committee.

8. The regulations of work of creditor committee are determined by creditor committee.

Article 18. Election of creditor committee

1. The creditor committee is elected creditor meeting from among physical persons according to the proposal of competitive creditors and authorized bodies for carrying out observation, financial improvement, external management and bankruptcy proceedings.

The government and local government officers can be elected members of the committee of creditors on the offer of authorized bodies.

According to the solution of creditor meeting of power of creditor committee can be stopped ahead of schedule.

2. Elections of creditor committee are performed by cumulative vote.

When electing creditor committee each competitive creditor and each authorized body have the poll equal to the size of its requirement in rubles increased by number of members of the committee of creditors. The competitive creditor and authorized body have the right to give votes belonging to each of them for one candidate or to distribute them between several alternate members of creditor committee.

The candidates who gathered the greatest poll are considered as the elected to structure of creditor committee.

3. Members of the committee of creditors elect the chairman of creditor committee from the structure.

4. The minutes of creditor committee are signed by the chairman of creditor committee if other is not established by regulations of work of creditor committee.

5. The minutes of creditor committee are constituted in duplicate, first of which go to Arbitration Court not later than in five days from date of committee meeting of creditors, the second - is stored at person holding committee meeting of creditors.

If committee meeting of creditors was held not by the arbitration manager, the additional (third) copy of the minutes of creditor committee which goes to the arbitration manager is constituted.

Copies shall be attached to the minutes of creditor committee:

voting bulletins (if the regulations do not provide other form of decision making);

the materials provided to members of the committee of creditors for acquaintance and (or) approval;

the documents which are the proofs testimonial of the proper notice of members of the committee of creditors of date and the venue of creditor meeting;

other documents at the discretion of person holding committee meeting of creditors or based on the decision of creditor committee.

Originals of the specified documents are subject to storage by person holding committee meeting of creditors before completion of proceeedings about bankruptcy if other term is not established by this Federal Law, and are represented upon the demand of Arbitration Court or in other cases provided by this Federal Law.

Person holding committee meeting of creditors shall provide access to copies of the specified documents to persons participating in the case of bankruptcy and also the employee representative of the debtor, the representative of founders (participants) of the debtor, the representative of the owner of property of the debtor - the unitary enterprise, to the representative of self-regulatory organization which member is the arbitration manager approved in the case of bankruptcy, to the representative of monitoring body (supervision). Expenses on preparation and the direction of such copies are assigned to person requiring their provision.

Data on the decisions made on committee meetings of creditors are subject to inclusion by the arbitration manager in the Unified Federal Register of Bankruptcy Information within three working days from the date of receipt by it of the minutes of creditor committee.

Article 18.1. Features of legal status of creditors whose requirements are provided with pledge of property of the debtor

1. From Date of Introduction of observation the address of collection on pledged property, including extrajudicially, is not allowed.

2. The competitive creditor according to the obligations provided with pledge of property of the debtor during financial improvement and external management has the right to turn collection on pledged property of the debtor in the following cases:

the address of collection on pledged property of the debtor will not result in impossibility of recovery of its solvency;

there is risk of damage of pledged property of the debtor owing to which there will be essential decrease in its cost, and also risk of death or loss of such property.

The issue of possibility of the address of collection on pledged property of the debtor is resolved by the Arbitration Court considering case on bankruptcy according to the statement of the competitive creditor which requirements are provided with pledge of such property.

The obligation of proof of impossibility of recovery of solvency of the debtor in case of the address of collection on pledged property is assigned to the debtor.

2.1. In case of the address of collection on the pledged rights on bank account agreement of the requirement of the competitive creditor for the obligation provided with pledge of the rights on bank account agreement stipulated in Item 2 these Articles of the statement of the competitive creditor, but no more than the size of the requirement provided with pledge on bank account agreement by write-off of money by bank from this account of the debtor and issue to their corresponding competitive creditor or their transfer into the account specified by such creditor are satisfied in the amount of, the money which is available on the pledged account not exceeding the size for date of giving.

Unsatisfied requirements of the competitive creditor for obligations which were provided with pledge of the rights on bank account agreement are satisfied as a part of requirements of creditors of the third queue.

3. The competitive creditor according to the obligations provided with pledge of property of the debtor during financial improvement and external management has the right to send to the arbitration manager and to the Arbitration Court considering case on bankruptcy, the declaration of abandonment of realization of subject of pledge during financial improvement or external management. From the date of receipt by the arbitration manager of such statement the competitive creditor according to the requirements provided with pledge of property of the debtor has the right to vote on creditor meeting before completion of the corresponding procedure applied in the case of bankruptcy.

4. The debtor has the right to alienate the property which is pledge subject, to lease it or free use to other person or to dispose otherwise of it or to encumber pledge subject with the rights and claims of the third parties only with the consent of the creditor whose requirements are provided with pledge of such property if other is not provided by the Federal Law or the agreement of pledge and does not follow from being of pledge.

5. Sale of subject of pledge during financial improvement and external management is performed by the organizer of the biddings according to the procedure, established by Items 4, of 5, 8 - 19 Articles 110 and Item 3 of article 111 of this Federal Law.

The arbitration manager or the specialized organization attracted by him to these purposes which fee is performed at the expense of the means obtained from sale of subject of pledge acts as the organizer of the biddings. The specified organization shall not be the interested person concerning the debtor, creditors, the arbitration manager.

Starting selling price of subject of pledge is determined in accordance with the legislation of the Russian Federation about pledge.

In case of recognition cancelled the repeated biddings the competitive creditor according to the obligations provided with pledge of property of the debtor having the right to reserve pledge subject with assessment it in the amount ten percent lower than starting selling price at the repeated biddings.

The amount of excess of the size of assessment of the property reserved by the competitive creditor, over the size provided with pledge of the requirement returns to the debtor.

Sale of pledged property according to this Article involves the termination of pledge concerning the competitive creditor upon the demand of whom collection regarding pledge is turned.

In case of sale of pledged property of the requirement of the competitive creditor for the obligations provided with pledge of property of the debtor are subject to satisfaction at the expense of the means obtained from sale of pledged property.

The requirements of the competitive creditor for obligations which are not met at the expense of pledge subject cost which were provided with pledge of property of the debtor are satisfied as a part of requirements of creditors of the third queue.

6. Sale of subject of pledge during bankruptcy proceedings is performed according to the procedure, stipulated in Clause the 138th this Federal Law.

Article 19. Interested persons

1. For the purpose of this Federal Law interested persons in relation to the debtor are recognized:

person who according to the Federal Law of July 26, 2006 No. 135-FZ "About protection of the competition" enters one group of persons with the debtor;

person who is affiliate of the debtor.

2. Interested persons in relation to the debtor - are also recognized to the legal entity:

the head of the debtor, and also persons entering into the board of directors (supervisory board), collegiate executive body or other governing body of the debtor, the chief accountant (accountant) of the debtor, including the specified persons exempted from the obligations within year until initiation of proceeedings about bankruptcy or before date of appointment of temporary administration of the financial organization (depending on what date came earlier), or the person having or having opportunity to determine actions of the debtor during the specified period;

persons which are with the physical persons specified in the paragraph the second this Item in the relations determined by Item 3 of this Article;

persons recognized interested in making by the debtor of transactions according to the civil legislation on the corresponding types of legal entities.

3. Interested persons in relation to the debtor - his spouse, relatives on the direct ascending and descending line, sisters, brothers and their relatives on the descending line, parents, children, sisters and the spouse's brothers are recognized to the citizen.

4. In the cases provided by this Federal Law, interested persons in relation to the arbitration manager, persons according to Items 1 and 3 of this Article are recognized to creditors.

Article 20. Arbitration managers

1. The citizen of the Russian Federation who is the member of one of self-regulatory organizations of arbitration managers is recognized to arbitration managers.

The arbitration manager is subject of professional activity and performs the professional activity regulated by this Federal Law, being engaged in private practice.

The arbitration manager has the right to be engaged in other types of professional activity and business activity provided that such activities do not influence proper execution by it of the obligations established by this Federal Law. The arbitration manager has the right to be the member only of one self-regulatory organization.

2. Self-regulatory organization of arbitration managers establishes the following compulsory provisions of membership in this organization:

availability of the higher education;

availability of length of service on executive positions at least than a year and training as the assistant to the arbitration manager in the case of bankruptcy at least than two years if more long terms are not provided by the standards and rules of professional activity of arbitration managers approved by self-regulatory organization (further - standards and rules of professional activity);

passing theoretical examination in the program of training of arbitration managers;

lack of punishment in the form of disqualification for making of administrative offense or in the form of deprivation of the right to hold certain positions or to be engaged in certain activities for crime execution;

lack of criminal record for making of intentional crime;

absence within three years about day of submission to self-regulatory organization of the declaration of accession in members of this self-regulatory organization of the fact of exception of number of members of this or other self-regulatory organization of arbitration managers in connection with the violation of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity which is not eliminated in the time established by self-regulatory organization or having ineradicable character.

3. Conditions of membership in self-regulatory organization of arbitration managers are also availability at the member of self-regulatory organization of the agreement of the compulsory liability insurance meeting the stipulated in Clause 24.1 presents of the Federal Law the requirements, introduction by the member of self-regulatory organization of the fees established by it including fees in compensation fund of self-regulatory organization.

4. Self-regulatory organization of arbitration managers as conditions of membership in it along with the requirements provided by Items 2 and 3 of this Article having the right to establish other requirements to competence, conscientiousness and independence of the arbitration manager.

5. During membership in self-regulatory organization of arbitration managers the arbitration manager shall correspond established by self-regulatory organization according to Items 2 - 4 these Articles to conditions of membership in it. The procedure for confirmation of conformity of the arbitration manager to conditions of membership in self-regulatory organization is established by self-regulatory organization.

The member of self-regulatory organization who is not corresponding to conditions of membership in self-regulatory organization is excluded from her members within one month from the date of detection of such discrepancy.

From the date of detection of discrepancy of the arbitration manager to the requirements established by Items 2-4 of this Article, the arbitration manager cannot be brought by self-regulatory organization into Arbitration Court for approval in the case of bankruptcy.

6. For the purpose of this Federal Law work on executive positions work as the head of the legal entity or his deputy, replacement of the highest and main positions of the public civil service of the Russian Federation, work as the head of local government body or its deputy, and also activities as the arbitration manager on condition of fulfillment of duties of the head of the debtor, except as specified participations in the procedures applied in the case of bankruptcy to the absent debtor is recognized.

7. Self-regulatory organization of arbitration managers based on the established conditions of membership in it determines the list of documents which shall be represented by persons in case of admission to membership of self-regulatory organization, and also requirements to execution of these documents. Within thirty days from the date of submission of the application for admission by person in members of self-regulatory organization with appendix of all documents provided by the specified list, the permanent collegiate organ of management of self-regulatory organization considers the documents submitted by such person and in case of compliance of such person to the requirements established by conditions of membership in self-regulatory organization makes the decision on acceptance of such person in her members.

8. The decision on acceptance of person in members of self-regulatory organization of arbitration managers becomes effective from the date of submission by such person to self-regulatory organization of the documents confirming substantial performance of membership in this organization, established according to Item 3 of this Article.

In case of non-execution by person on which the decision on admission to membership of self-regulatory organization is made of the specified conditions of membership in self-regulatory organization within two months from acceptance date of such decision it is recognized cancelled.

9. The information about person accepted in members of self-regulatory organization of arbitration managers joins in the register of members of self-regulatory organization within three working days from the effective date of the decision on acceptance of such person in members of self-regulatory organization. Person concerning whom the decision on admission to membership of self-regulatory organization became effective can be approved by Arbitration Court as the arbitration manager for holding the procedures applied in the case of bankruptcy from the date of inclusion of information about such person in the register of members of self-regulatory organization of arbitration managers. Within ten working days from the date of inclusion of information about such person in the register of members of self-regulatory organization of arbitration managers the document on membership in self-regulatory organization is issued to it.

10. In case of discrepancy of person to the requirements established by conditions of membership in self-regulatory organization of arbitration managers, the permanent collegiate organ of management of self-regulatory organization makes the decision on refusal in acceptance of such person in members of self-regulatory organization with indication of causes of failure.

The decision on refusal in acceptance of person in members of self-regulatory organization goes to such person within ten working days from acceptance date of this decision.

The decision on refusal in acceptance of person in members of self-regulatory organization or evasion of self-regulatory organization from decision making about acceptance or about refusal in admission to membership of this organization can be appealed in Arbitration Court within six months from acceptance date of this decision or date when this decision owed be made.

11. Membership of the arbitration manager in self-regulatory organization of arbitration managers stops according to the decision of permanent collegiate organ of management of self-regulatory organization in case of giving by the arbitration manager in self-regulatory organization of the statement for exit from this self-regulatory organization or in case of exception of the arbitration manager of self-regulatory organization in connection with:

violation by the arbitration manager of conditions of membership in self-regulatory organization;

violation by the arbitration manager of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity who is not eliminated in the time established by self-regulatory organization or having ineradicable character.

Membership of the arbitration manager in self-regulatory organization of arbitration managers stops from the date of inclusion in the register of members of self-regulatory organization of record about the termination of membership of the arbitration manager.

12. The disputes connected with professional activity of the arbitration manager (including about compensation of the losses caused to them), its relations with self-regulatory organization of arbitration managers, are permitted by Arbitration Court.

13. If proceedings on application of measures of disciplinary impact to it are initiated against the arbitration manager who submitted to self-regulatory organization the application for exit from this self-regulatory organization, the decision of permanent collegiate organ of management of self-regulatory organization on the termination of membership of such arbitration manager is made after completion of consideration of the proceedings on application initiated against such arbitration manager of measures of disciplinary impact to it.

Article 20.1. The organization and holding theoretical examination, training as the assistant to the arbitration manager

1. The organization and holding theoretical examination in the program of training of arbitration managers are performed by the commission which structure affirms monitoring body (supervision). The commissions on acceptance of theoretical examination are included representatives of the educational organization and monitoring body (supervision).

On representation of national merging of self-regulatory organizations of arbitration managers of the commission the representative of national merging of self-regulatory organizations of arbitration managers is also included.

2. Persons to whom administrative punishment in the form of disqualification for the term of one year and more is applied for implementation of powers of the arbitration manager after the expiration of disqualification shall pass repeatedly theoretical examination in the program of training of arbitration managers.

The arbitration manager who was not fulfilling duties of the arbitration manager in the case of bankruptcy more than three years in a row shall pass repeatedly theoretical examination in the program of training of arbitration managers.

3. The organization and holding training of the citizen of the Russian Federation as the assistant to the arbitration manager are performed by self-regulatory organization of arbitration managers according to the rules of holding training as the assistant to the arbitration manager established by federal standards, standards and rules of professional activity.

Article 20.2. Requirements to the arbitration manager for the purpose of approval it in the case of bankruptcy

1. If according to this Federal Law powers of the head of the debtor are assigned to the arbitration manager, all requirements established by the Federal Laws and other regulatory legal acts of the Russian Federation for the head of such debtor extend to it and in relation to it all measures of responsibility established by the Federal Laws and other regulatory legal acts of the Russian Federation for the head of such debtor are applied.

If execution of powers of the head of the debtor is connected with access to the data which are the state secret, the arbitration manager shall have the admission to the state secret in the form, the corresponding form of the admission necessary for execution of powers of the head of this debtor and the corresponding highest degree of privacy of the data addressing at the company of the debtor.

2. By Arbitration Court as interim managers, administrative managing directors, external managing directors or receivers arbitration managers cannot be approved in the case of bankruptcy:

which are interested persons in relation to the debtor, creditors;

which completely did not pay the damages caused to the debtor, creditors or other persons as a result of non-execution or improper execution of the obligations assigned to the arbitration manager in earlier carried out procedures applied in the case of bankruptcy and which fact of causing is determined by the judgment which took legal effect;

concerning which the procedures applied in the case of bankruptcy are entered;

which are disqualified or deprived according to the procedure, established by the Federal Law, the rights to hold executive positions and (or) to perform the professional activity regulated according to the Federal Laws;

which have no prisoners according to requirements of this Federal Law of insurance contracts of responsibility of case of causing losses to persons participating in the case of bankruptcy;

which have the admission to the state secret no the established form if availability of such admission is the compulsory provision of statement of the arbitration manager by Arbitration Court;

concerning which there is court resolution which took legal effect about discharge from fulfillment of duties of the arbitration manager in connection with non-execution or improper execution of obligations which entailed losses of the debtor or his creditors in the procedures applied in the case of bankruptcy if before date, prior date of submission to court of the candidate for the arbitration manager, one year from the moment of the introduction in legal force of the last court resolution on dispute on such discharge did not expire, except as specified, if this court resolution is appealed in court of cassation instance and on it the court of cassation instance does not take out court resolution or appeal term in court of cassation instance of the specified court resolution did not expire.

3. The competitive creditor or authorized body which are applicants on the case of bankruptcy or creditor meeting has the right to push to the candidate for the arbitration manager in the case of bankruptcy the following additional requirements:

availability of the higher legal or economic education or education in the specialty, corresponding field of activity of the debtor;

availability of certain length of service on positions of heads of the organizations in the corresponding industry of economy;

carrying out as the arbitration manager of certain number of the procedures applied in the case of bankruptcy.

The competitive creditor or authorized body or creditor meeting has the right to make only the demands provided by this Item to the candidate for the arbitration manager.

Article 20.3. The rights and obligations of the arbitration manager in the case of bankruptcy

1. The arbitration manager in the case of bankruptcy has the right:

convoke creditor meeting;

convoke creditor committee;

appeal to Arbitration Court with statements and petitions in the cases provided by this Federal Law;

earn reward in sizes and according to the procedure which are established by this Federal Law;

attract to providing the obligations assigned to it in the case of bankruptcy on contractual basis of other persons with payment of their activities at the expense of means of the debtor if other is not established by this Federal Law, standards and rules of professional activity or the agreement of the arbitration manager with creditors;

request the necessary information about the debtor, about persons who are part of governing bodies of the debtor about the controlling persons, about the property belonging to them (including property rights), about partners and about obligations of the debtor from physical persons, legal entities, state bodies, governing bodies of state non-budgetary funds of the Russian Federation and local government bodies, including the data which are official, trade and bank secret;

submit to Arbitration Court the application for release from execution of the obligations assigned to it in the case of bankruptcy.

The execution of the obligations assigned to it involved by the arbitration manager according to this Federal Law to providing in the case of bankruptcy at the expense of means of the debtor the professional participant of the security market performing activities for maintaining the register of owners of securities, auditing organization (auditor), the appraiser, the organizer of the biddings and the operator of an electronic trading platform shall be accredited by self-regulatory organization and cannot be interested persons in relation to the arbitration manager, the debtor and his creditors.

Physical persons, legal entities, state bodies, governing bodies of state non-budgetary funds of the Russian Federation and local government bodies represent the data requested by the arbitration manager within seven days from the date of receipt of request without collection of payment.

2. The arbitration manager in the case of bankruptcy shall:

take measures for protection of property of the debtor;

analyze financial condition of the debtor and results of its financial, economic and investing activities;

keep the register of requirements of the creditors, except as specified, provided by this Federal Law;

provide the register of requirements of creditors to persons requiring holding general meeting of creditors within three days from receipt date of the requirement in the cases provided by this Federal Law;

in case of identification of signs of administrative offenses and (or) crimes to report about them in bodies within which competence are initiation of proceedings about administrative offenses and consideration of messages on crimes;

provide to creditor meeting information on transactions and actions which attract or can entail the civil responsibility of the third parties;

reasonably and reasonably to perform the expenses connected with execution of the obligations assigned to it in the case of bankruptcy. Obligation prove unreasonableness and groundlessness of implementation of such expenses it is assigned to person who filed the corresponding petition in Arbitration Court;

reveal signs of deliberate and dummy bankruptcy according to the procedure, established by federal standards and report about them to persons participating in the case of bankruptcy in self-regulatory organization which member is the arbitration manager, to creditor meeting and in bodies within which competence are initiation of proceedings about administrative offenses and consideration of messages on crimes;

if according to this Federal Law involvement of other persons by the arbitration manager for execution of the obligations assigned to it in the case of bankruptcy is obligatory, the arbitration manager shall attract on contractual basis of persons accredited by self-regulatory organization of arbitration managers with payment of their activities according to article 20.7 of this Federal Law;

elicit the facts of violation of obligation on filing of application of the debtor in Arbitration Court in cases and in time which are stipulated in Article the 9th this Federal Law and take measures for involvement of person guilty of violation, to responsibility, the stipulated in Article 61.12 presents of the Federal Law, and also report about the revealed violation in body, authorized to constitute the protocol on the corresponding offense;

perform other functions established by this Federal Law.

3. If other is not established by this Federal Law, the arbitration manager shall keep confidentiality of the data protected by the Federal Law (including the data which are official or trade secret) and become to it known in connection with fulfillment of duties of the arbitration manager.

4. When holding the procedures applied in the case of bankruptcy, the arbitration manager shall act honesty and reasonably for the benefit of the debtor, creditors and society.

5. The powers assigned according to this Federal Law to the arbitration manager in the case of bankruptcy cannot be transferred to other persons.

6. The arbitration managers approved by Arbitration Court are procedural legal successors of the previous arbitration managers.

Article 20.4. Responsibility of the arbitration manager

1. Non-execution or improper execution of the obligations assigned to the arbitration manager according to this Federal Law or federal standards is the basis for discharge of the arbitration manager by Arbitration Court from execution of these obligations upon the demand of persons participating in the case of bankruptcy and also upon the demand of self-regulatory organization of arbitration managers which member he is.

In case of cancellation of the arbitration court ruling about discharge of the arbitration manager from execution of these obligations for non-execution or their improper execution the arbitration manager is not subject to recovery by Arbitration Court for execution of these obligations.

2. In case of exception of the arbitration manager of self-regulatory organization in connection with violation by the arbitration manager of conditions of membership in self-regulatory organization, violations by the arbitration manager of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity the arbitration manager is discharged by Arbitration Court of execution of the obligations assigned to it in the case of bankruptcy based on the petition of self-regulatory organization not later than within ten days from the date of its receipt.

In case of cancellation or recognition invalid decisions on exception of the arbitration manager of self-regulatory organization who formed the basis for discharge of the arbitration manager by Arbitration Court from execution of the obligations assigned to it in the case of bankruptcy, the arbitration manager cannot be recovered by Arbitration Court for execution of these obligations.

When obtaining by self-regulatory organization of the copies of the petitions containing the requirement about discharge or release of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy and sent to Arbitration Court by persons participating in the case of bankruptcy and also in case of the direction self-regulatory organization from execution of the obligations assigned to it in the case of bankruptcy the self-regulatory organization brings the candidate for the arbitration manager into Arbitration Court of the petition for discharge of the arbitration manager according to the procedure, stipulated in Clause the 45th this Federal Law.

3. Application to the arbitration manager of punishment in the form of disqualification for making of administrative offense involves discharge of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy.

Within three working days from the date of receipt of the judgment which took legal effect the federal executive body authorized by the Government of the Russian Federation on implementation of forming and maintaining the register of the disqualified persons notifies self-regulatory organization which member is the arbitration manager, about disqualification of the arbitration manager with appendix of the judgment which took legal effect about disqualification of the arbitration manager by the direction of such notification by the method providing its obtaining not later than in five days from the date of departure on disqualification of the arbitration manager. The data containing in the register of the disqualified persons are subject to inclusion in the Unified Federal Register of Bankruptcy Information.

Within three working days from the date of receipt of such notification the self-regulatory organization shall send to the Arbitration Court which approved the arbitration manager in the case of bankruptcy, the petition for discharge of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy by mail or other method providing such notification not later than in five days from the date of its direction.

Discharge of the arbitration manager to which administrative punishment in the form of disqualification is applied from execution of the obligations assigned to it in the case of bankruptcy and statement of the new arbitration manager are performed by Arbitration Court no later than the day following after day of adoption of the petition of self-regulatory organization without challenge of persons participating in the case of bankruptcy. At the same time requirements which are provided by the competitive creditor or authorized body which are applicants on the case of bankruptcy or creditor meeting according to Item 3 of article 20.2 of this Federal Law shall be considered.

The arbitration court ruling about discharge of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy and statement of the new arbitration manager is subject to immediate execution.

Cancellation of court resolution about disqualification of the arbitration manager is not the basis for recovery by its Arbitration Court for execution of the obligations assigned to it in the case of bankruptcy.

4. The arbitration manager shall compensate to the debtor, creditors and other persons losses which are caused as a result of non-execution or improper execution by the arbitration manager of the obligations assigned to it in the case of bankruptcy and which fact of causing is determined by the judgment which took legal effect.

The arbitration manager shall pay to members of self-regulatory organization of arbitration managers the damages which arose due to the need to bring the size of compensation fund of this organization into accord with requirements of article 25.1 of this Federal Law after implementation of compensation payment from compensation fund in connection with indemnification, or improper execution by this arbitration manager of the obligations assigned to it caused to persons participating in the case of bankruptcy and other persons owing to non-execution in the case of bankruptcy, except as specified, if he acted according to internal documents of self-regulatory organization, standards and rules of professional activity.

5. By federal standards, standards and rules of professional activity additional requirements to ensuring property responsibility of the arbitration manager for non-execution or improper execution of obligations in the case of bankruptcy can be established.

Requirements to ensuring the property responsibility of the arbitration manager which arose owing to obligation to pay to members of self-regulatory organization of arbitration managers the damages caused due to the need to bring the size of compensation fund of this self-regulatory organization into accord with requirements of article 25.1 of this Federal Law after implementation of compensation payment from compensation fund of this self-regulatory organization, are established by federal standards, standards and rules of professional activity. The obligation of the arbitration manager can be established by the specified standards to perform risk insurance of such civil responsibility.

6. Data on removal of court resolution by Arbitration Court on recognition of actions of the arbitration manager illegal, about collection from the arbitration manager of losses in connection with non-execution or improper execution of obligations in the case of bankruptcy are subject to inclusion in the Unified Federal Register of Bankruptcy Information according to the procedure, stipulated in Article the 28th this Federal Law, within three working days from the date of the introduction of the corresponding court resolution in force.

In the message which is subject to inclusion in the Unified Federal Register of Bankruptcy Information according to this Item in connection with collection from the arbitration manager of losses the size of losses collected from the arbitration manager according to court resolution shall be specified.

Article 20.5. Release of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy

1. In case of exit of the arbitration manager from self-regulatory organization of arbitration managers this organization shall send to Arbitration Court the petition for release of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy within fourteen working days from acceptance date permanent collegiate organ of management of self-regulatory organization of the decision on the termination of membership of the arbitration manager in self-regulatory organization in connection with its exit from this organization. The Arbitration Court according to the petition of self-regulatory organization exempts the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy. If the petition of self-regulatory organization did not arrive in Arbitration Court within twenty days from acceptance date permanent collegiate organ of management of self-regulatory organization of the decision on the termination of membership of the arbitration manager in self-regulatory organization, persons participating in the case having the right to declare release of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy and based on such petition the Arbitration Court exempts the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy.

2. In case of identification of the facts of discrepancy of the arbitration manager by self-regulatory organization of arbitration managers to the membership conditions established by self-regulatory organization which member he is including to the requirements to competence, conscientiousness and independence of the arbitration manager established by self-regulatory organization, identification of the circumstances which are interfering statement of the arbitration manager in the case of bankruptcy, including arose after such approval, identification of the facts of non-execution or improper execution by the arbitration manager of the obligations assigned to it in cases on bankruptcy permanent collegiate organ of management of self-regulatory organization of arbitration managers makes the decision on the appeal to Arbitration Court with the petition for release of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy. Self-regulatory organization of arbitration managers sends to Arbitration Court the petition for release of the arbitration manager from execution of the obligations assigned to it in the case of bankruptcy within fourteen working days from acceptance date of such decision.

Article 20.6. Remuneration of the arbitration manager in the case of bankruptcy

1. The arbitration manager has the right to remuneration in the case of bankruptcy, and also to compensation in full of the expenses which are actually suffered by it in case of execution of the obligations assigned to it in the case of bankruptcy.

2. Remuneration in the case of bankruptcy is paid to the arbitration manager at the expense of means of the debtor if other is not provided by this Federal Law.

3. The remuneration paid to the arbitration manager in the case of bankruptcy consists of fixed amount and the amount of percent.

The size of fixed amount of such remuneration constitutes for:

the interim manager - thirty thousand rubles a month;

the administrative managing director - fifteen thousand rubles a month;

the external managing director - forty five thousand rubles a month;

the receiver - thirty thousand rubles a month;

the financial manager - twenty five thousand rubles one-timely for holding the procedure applied in the case of bankruptcy.

3.1. When calculating the amount of percent on remuneration of the arbitration manager provided by Items 12, of 13, of the 17th this Article the satisfaction of requirements of creditors made at the expense of the money which arrived as a result of attraction of persons controlling the debtor to subsidiary responsibility is not considered.

The sum of percent on remuneration to the arbitration manager determined from the size of the requirements of creditors met at the expense of the money which arrived as a result of attraction of persons controlling the debtor to subsidiary responsibility is determined and paid according to this Item.

The amount of percent determined according to this Item is subject to deduction and payment from the money which arrived in competitive weight in connection with execution of the court ruling about attraction to subsidiary responsibility in the amount of thirty percent, including renumeration expenses to persons involved by the arbitration manager for rendering the services promoting attraction to subsidiary responsibility and (or) execution of the court ruling about attraction to subsidiary responsibility.

If after submission by the arbitration manager of the statement for attraction to subsidiary responsibility person controlling the debtor or the other person met requirements of the creditor (creditors) or provided to the debtor the money sufficient for satisfaction of requirements of the creditor (creditors) according to the register of requirements of creditors according to the procedure and on conditions which are provided by Articles 71. 1, 85.1, 112. 1, 113, 125, 129.1 presents of the Federal Law or if after use by the creditor of the right provided by the subitem 3 of Item 2 of article 61.17 of this Federal Law, this creditor receives money from execution of the court ruling about attraction to subsidiary responsibility, the arbitration manager has the right to payment of the amount of percent determined according to this Item if proves that such satisfaction of requirements of the creditor (creditors) is caused by submission of the specified statement by the arbitration manager.

The amount of percent determined according to this Item, which is subject to payment to the arbitration manager and persons involved by the arbitration manager for rendering the services promoting attraction to subsidiary responsibility and (or) execution of the court ruling about attraction to subsidiary responsibility in the statement of persons participating in the case of bankruptcy can be lowered by Arbitration Court or can be refused payment if it is proved that attraction to subsidiary responsibility of persons controlling the debtor and (or) execution of the court ruling about attraction to subsidiary responsibility were promoted by actions of the other persons participating in the case of bankruptcy.

The question of establishment of the amount of percent determined according to this Item is considered by rules of this Item along with consideration of the application on intention to meet in full requirements of creditors to the debtor according to the procedure, provided by Articles 71. 1, 85.1, 112.1, 113, 125, 129.1 presents of the Federal Law, or by results of consideration of requirements of the arbitration manager to the creditor who got money from use the driver's license provided by the subitem 3 of Item 2 of article 61.17 of this Federal Law.

In case of submission by the arbitration manager of the statement for establishment of the amount of percent determined according to this Item after completion of bankruptcy proceedings or diversion about bankruptcy this application is considered by the Arbitration Court which was earlier considering case on bankruptcy by the rules of permission of questions of compensation of court costs provided by the Arbitral Procedure Code of the Russian Federation.

4. In case of release or discharge of the arbitration manager by Arbitration Court from execution of the obligations assigned to it in the case of bankruptcy remuneration is not paid to it from the date of its release or discharge.

5. The Arbitration Court considering case on bankruptcy, based on the solution of creditor meeting or the motivated petition of faces participating in the case of bankruptcy, having the right to increase the size of fixed amount of the remuneration paid to the arbitration manager, depending on amount and complexity of the work performed by it.

The determination accepted by Arbitration Court about increase in fixed amount of such remuneration can be appealed.

6. In case of assignment in the case of bankruptcy on the arbitration manager of powers in connection with impossibility of statement of other arbitration manager amount of remuneration paid to the arbitration manager during execution by it of the obligations assigned to it in the case of bankruptcy it is established by Arbitration Court. At the same time the size of fixed amount of remuneration of the arbitration manager cannot be less than the size of fixed amount of remuneration of the arbitration manager determined for the corresponding procedure applied in the case of bankruptcy according to this Federal Law.

7. Extra fee of the arbitration manager can be established by creditor meeting.

8. Extra fee is paid to the arbitration manager at the expense of means of the creditors who made the decision on establishment of extra fee, or due to them payments on account of repayment of their requirements.

9. If other is not provided by this Federal Law, the amount of percent on remuneration of the arbitration manager is paid to it within ten calendar days from the date of completion of the procedure which is applied in the case of bankruptcy and for which carrying out the arbitration manager was approved.

10. The amount of percent on remuneration of the interim manager does not exceed sixty thousand rubles and constitutes in case of book value of assets of the debtor:

to two hundred fifty thousand rubles - four percent of book value of assets of the debtor;

from two hundred fifty thousand rubles to one million rubles - ten thousand rubles and two percent of the size of the amount of excess of book value of assets of the debtor over two hundred fifty thousand rubles;

from one million rubles to three million rubles - twenty five thousand rubles and one percent of the size of the amount of excess of book value of assets of the debtor over one million rubles;

more than three million rubles - forty five thousand rubles and one second percent of the size of the amount of excess of book value of assets of the debtor over three million rubles.

The paragraph of the sixth ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 391-FZ

The paragraph of the seventh ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 391-FZ

The paragraph of the eighth ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 391-FZ

The paragraph the ninth ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 391-FZ

11. The amount of percent on remuneration of the administrative managing director constitutes in case of book value of assets of the debtor:

to two hundred fifty thousand rubles - four percent of book value of assets of the debtor;

from two hundred fifty thousand rubles to one million rubleydesyat thousands of rubles and one percent of the size of the amount of excess of book value of assets of the debtor over two hundred fifty thousand rubles;

from one million rubles to three million rubles - seventeen thousand five hundred rubles and one second percent of the size of the amount of excess of book value of assets of the debtor over one million rubles;

from three million rubles to ten million rubles - twenty seven thousand five hundred rubles and the two tenth percent of the size of the amount of excess of book value of assets of the debtor over three million rubles;

from ten million rubles to hundred million rubles - forty one thousand five hundred rubles and one tenth percent of the size of the amount of excess of book value of assets of the debtor over ten million rubles;

from hundred million rubles to three hundred million rubles - hundred thirty one thousand five hundred rubles and five 100-th percent of the size of the amount of excess of book value of assets of the debtor over hundred million rubles;

from three hundred million rubles to one billion rubles - two hundred thirty one thousand five hundred rubles and one 100-th percent of the size of the amount of excess of book value of assets of the debtor over three hundred million rubles;

more than one billion rubles - three hundred one thousand five hundred rubles and one thousand percent of the size of the amount of excess of book value of assets of the debtor over one billion rubles.

12. The sum of percent on remuneration of the external managing director is determined in the following sizes:

eight percent of the amounts directed to repayment of requirements of the creditors included in the register of requirements of creditors in case of suit abatement about bankruptcy;

three percent of increase in value of net assets of the debtor for the period external management in case of recognition of the debtor by the bankrupt and opening of bankruptcy proceedings.

13. The sum of percent on remuneration of the receiver is determined in the following sizes:

seven percent from the size of the met requirements of the creditors included in the register of requirements of creditors in case of satisfaction more than seventy five percent of requirements of the creditors included in the register of requirements of creditors;

six percent from the size of the met requirements of the creditors included in the register of requirements of creditors in case of satisfaction more than fifty percent of requirements of the creditors included in the register of requirements of creditors;

four and a half percent from the size of the met requirements of the creditors included in the register of requirements of creditors in case of satisfaction of twenty five and more percent of requirements of the creditors included in the register of requirements of creditors;

three percent from the size of the met requirements of the creditors included in the register of requirements of creditors in case of satisfaction less than twenty five percent of requirements of the creditors included in the register of requirements of creditors.

14. For calculation of the amount of percent on remuneration of the arbitration manager book value of assets of the debtor is determined by data of accounting records as of the last reporting date preceding Date of Introduction of the corresponding procedure applied in the case of bankruptcy.

15. In case of diversion about bankruptcy in connection with the conclusion of the voluntary settlement payment of the amount of percent on remuneration of the arbitration manager is performed in terms and in the amount of which are established by the voluntary settlement.

16. When holding the procedures applied in the case of bankruptcy concerning separate categories of debtors by regulating authority others can be established the size and (or) payment procedure of remuneration to the arbitration manager.

17. The amount of percent on remuneration of the financial manager in case of execution by the citizen of the restructuring plan of its debts approved by Arbitration Court constitutes seven percent of the size of the met requirements of creditors.

The amount of percent on remuneration of the financial manager in case of introduction of the procedure of realization of property of the citizen constitutes seven percent of the size of proceeds from sales of property of the citizen and the money which arrived as a result of collection of receivables, and also as a result of application of consequences of invalidity of transactions. These percent are paid to the financial manager after completion of settlings with creditors.

Article 20.7. Expenses on holding the procedures applied in the case of bankruptcy

1. Expenses on holding the procedures applied in the case of bankruptcy are performed at the expense of means of the debtor if other is not provided by this Federal Law.

The expenses provided by this Article do not include expenses on fee of persons involved for ensuring the current activities of the debtor when holding the procedures applied in the case of bankruptcy.

2. At the expense of means of the debtor in the amount of actual costs payment of the expenses provided by this Federal Law including postage expenses, expenses connected with state registration of the rights of the debtor to real estate and transactions with it, expenses in connection with performance of works (services) for the debtor, such rights, expenses on fee of the appraiser, registry holder, the auditor, the operator of an electronic trading platform, necessary for state registration, is performed if involvement of the appraiser, registry holder, the auditor, the operator of an electronic trading platform according to this Federal Law is obligatory, expenses on inclusion of the data provided by this Federal Law in the Unified Federal Register of Bankruptcy Information and publication of such data, and also payment of court costs, including the state fee.

3. The amount of fee of persons involved by the external managing director or the receiver for ensuring execution of the obligations assigned to it in the case of bankruptcy, except for persons, stipulated in Item 2 these Articles constitutes in case of book value of assets of the debtor:

to two hundred fifty thousand rubles - no more than ten percent of book value of assets of the debtor;

from two hundred fifty thousand rubles to one million rubles - no more than twenty five thousand rubles and eight percent of the size of the amount of excess of book value of assets of the debtor over two hundred fifty thousand rubles;

from one million rubles to three million rubles - no more than eighty five thousand rubles and five percent of the size of the amount of excess of book value of assets of the debtor over one million rubles;

from three million rubles to ten million rubles - no more than hundred eighty five thousand rubles and three percent of the size of the amount of excess of book value of assets of the debtor over three million rubles;

from ten million rubles to hundred million rubles - no more than three hundred ninety five thousand rubles and one percent of the size of the amount of excess of book value of assets of the debtor over ten million rubles;

from hundred million rubles to three hundred million rubles - no more than one million two hundred ninety five thousand rubles and one second percent of the size of the amount of excess of book value of assets of the debtor over hundred million rubles;

from three hundred million rubles to one billion rubles - no more than two million two hundred ninety five thousand rubles and one tenth percent of the size of the amount of excess of book value of assets of the debtor over three hundred million rubles;

more than one billion rubles - no more than two million nine hundred ninety five thousand rubles and one 100-th percent of the size of the amount of excess of book value of assets of the debtor over one billion rubles.

At the same time the amount of fee of persons determined according to this Item can be exceeded by the arbitration manager if the amount of this excess becomes covered by the size of insurance sum over stipulated in Item 2 articles 24.1 of this Federal Law of the minimum size of insurance sum under the agreement of compulsory liability insurance of the arbitration manager.

4. Fee of persons involved by the interim manager or the administrative managing director for ensuring execution of the obligations assigned to it in the case of bankruptcy is performed in the amount of, not exceeding fifty percent of the amount of fee of persons involved by the external managing director or the receiver determined according to Item 3 of this Article.

5. Involvement of persons by the arbitration manager for ensuring execution of the obligations assigned to it in the case of bankruptcy, fee of such persons or the amount of payment of such services determined by this Article can be acknowledged as Arbitration Court unreasonable according to the statement of persons participating in the case of bankruptcy in cases if services are not connected with the purposes of holding the procedures applied in the case of bankruptcy, or the obligations assigned to the arbitration manager in the case of bankruptcy or the amount of payment of cost of such services is obviously disproportionate to the expected result.

The amount of payment of such services if it corresponds to the rates approved by regulatory legal act of the Russian Federation cannot be acknowledged unreasonable.

The obligation of proof of groundlessness of attraction of persons for ensuring execution of the obligations assigned to the arbitration manager in the case of bankruptcy and (or) the amount of payment of their services determined according to this Article is assigned to person who appealed to Arbitration Court with the statement for recognition of attraction of such persons and (or) the amount of such payment by unreasonable.

The court resolution about recognition of attraction of persons specified in this Item and (or) the amount of payment of their services by unreasonable can be appealed.

6. Involvement of persons by the arbitration manager for ensuring execution of the obligations assigned to it in the case of bankruptcy at the expense of property of the debtor in case of excess of the amount of payment of such services determined according to this Article is performed after acceptance of the corresponding determination by Arbitration Court.

The Arbitration Court takes out determination about attraction of persons specified in this Item and about establishment of the amount of payment of their services in the petition of the arbitration manager provided that justification of their attraction and justification of the amount of payment of their services are proved to arbitration managers.

The determination accepted by Arbitration Court about attraction by the arbitration manager of persons specified in this Item and about establishment of the amount of payment of their services or about refusal in satisfaction of the petition of the arbitration manager for their attraction can be appealed.

7. Fee of persons, the decision on whose involvement is made by creditor meeting, is performed at the expense of means of the creditors who voted for such decision in proportion to the sizes of their requirements included in the register of requirements of creditors of date of creditor meeting, except as specified, if one creditor or several creditors assume obligations on fee of specified persons.

Fee of persons, the decision on whose involvement is made by the creditor whose requirements are provided with pledge of property of the debtor, in connection with realization of pledged property is performed at the expense of means of the corresponding creditor.

8. For the purposes of this Article book value of assets of the debtor is determined based on data of the financial (accounting) reporting as of the last reporting date preceding Date of Introduction of the corresponding procedure applied in the case of bankruptcy.

9. When holding the procedures applied in the case of bankruptcy concerning separate categories of debtors by regulating authority others can be established the size and (or) payment procedure of expenses on holding the specified procedures.

Article 21. Self-regulatory organizations of arbitration managers

1. The status of self-regulatory organization of arbitration managers is acquired by non-profit organization from the date of inclusion of data on non-profit organization in the unified state register of self-regulatory organizations of arbitration managers.

The state fee in sizes and procedure which are established by the legislation of the Russian Federation on taxes and fees is paid for inclusion of non-profit organization in the unified state register of self-regulatory organizations of arbitration managers.

2. The basis for inclusion of data on non-profit organization in the unified state register of self-regulatory organizations of arbitration managers is accomplishment of the following mandatory requirements by it:

compliance at least than hundred of her members to the conditions of membership in self-regulatory organization of arbitration managers approved by self-regulatory organization;

participation of her members at least in hundred (in total) procedures applied in cases on bankruptcy (including not finished for date of inclusion in the unified state register of self-regulatory organizations of arbitration managers), except for the procedures applied in cases on bankruptcy to the absent debtors;

availability of the compensation fund created in the amount of and according to the procedure which are stipulated in Clause 25.1 presents of the Federal Law;

availability developed according to requirements of this Federal Law and being members of self-regulatory organization of arbitration managers of standards and rules of professional activity of arbitration managers, obligatory for accomplishment;

creation of governing bodies and specialized bodies of self-regulatory organization of arbitration managers, function and which competence the stipulated in Article 21.1 presents of the Federal Law conform to requirements.

3. Liquidation of the non-profit organization having the status of self-regulatory organization of arbitration managers is performed in accordance with the legislation of the Russian Federation about non-profit organizations taking into account the features established by this Federal Law.

The structure of liquidation commission of the non-profit organization having the status of self-regulatory organization of arbitration managers joins the representative of national merging of self-regulatory organizations of arbitration managers.

4. Self-regulatory organization of arbitration managers can be reorganized only in the form of merge of two and more self-regulatory organizations of arbitration managers or in the form of accession of one self-regulatory organization of arbitration managers to other self-regulatory organization of arbitration managers according to the procedure, established by the legislation of the Russian Federation.

By reorganization of the non-profit organization having the status of self-regulatory organization of arbitration managers, the rights provided by this Federal Law and obligations before the third parties pass to self-regulatory organization - the legal successor.

5. The non-profit organization loses the status of self-regulatory organization of arbitration managers from the date of exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers.

Article 21.1. Governing bodies and specialized bodies of self-regulatory organization of arbitration managers

1. The structure, procedure for forming, competence and term of office of governing bodies of self-regulatory organization of arbitration managers, procedure for adoption of decisions by them are established by the charter of non-profit organization, internal documents of this self-regulatory organization according to this Federal Law and other Federal Laws.

2. General meeting of members of self-regulatory organization of arbitration managers is the supreme body of management of self-regulatory organization, authorized to consider the questions carried to its competence by this Federal Law, other Federal Laws and the charter of non-profit organization.

3. General meeting of members of self-regulatory organization of arbitration managers is convened at least once a year according to the procedure, established by the charter of non-profit organization.

4. The following questions are within the competence of general meeting of members of self-regulatory organization of arbitration managers:

approval of the charter of self-regulatory organization, entering of changes into it;

establishment of conditions of membership in self-regulatory organization, procedure for admission to membership of self-regulatory organization and procedure for the termination of membership in self-regulatory organization;

determination of priority activities of self-regulatory organization, principles of forming and use of its property;

election of members of permanent collegiate organ of management of self-regulatory organization of arbitration managers (further - collegiate organ of management), decision making about early termination of powers of collegiate organ of management or its certain members;

approval according to the procedure and with frequency which are established by the charter of non-profit organization, reports of collegiate organ of management and executive body of self-regulatory organization on results of financial and economic and organizational activities of self-regulatory organization of arbitration managers;

approval of measures of disciplinary impact, procedure and bases of their application, procedure for hearing of cases about violation by members of self-regulatory organization of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity;

position assignment of person performing functions of sole executive body of self-regulatory organization, early release of such person from position;

approval of the estimate of self-regulatory organization, introduction in it of changes, approval of annual accounting records of self-regulatory organization;

decision making about voluntary exception of data on self-regulatory organization of the unified state register of self-regulatory organizations of arbitration managers;

consideration of the claim of person excluded from members of self-regulatory organization on groundlessness of the decision on exception of this person of members of self-regulatory organization and decision making according to such claim;

decision making about reorganization or voluntary liquidation of self-regulatory organization, appointment of liquidation commission;

adoption of other decisions according to the Federal Laws and the charter of non-profit organization.

The questions provided by paragraphs the second - the seventh and tenth - the twelfth this Item, cannot be carried by the charter of non-profit organization to competence of other governing bodies of self-regulatory organization of arbitration managers.

5. General meeting of members of self-regulatory organization of arbitration managers is competent to make the decisions carried to its competence if at it there are more than fifty percent of total number of members of self-regulatory organization.

Decisions of general meeting of members of self-regulatory organization are made by a majority vote from poll of the members of self-regulatory organization who are present at general meeting or in case of carrying out by its way of correspondence voting by a majority vote from total number of voices of members of self-regulatory organization.

Decisions on the questions specified in paragraphs the second - the fourth, tenth and twelfth item 4 of this Article, are accepted on general meeting of members of self-regulatory organization by the majority in two thirds of voices of total number of voices of members of self-regulatory organization.

Other questions on which decisions is accepted by the large number of voices qualified by a majority vote, and also need of decision making can be provided by the charter of non-profit organization, than it is provided by this Federal Law.

6. In self-regulatory organization of arbitration managers the collegiate organ of management as a part of at least than seven people is created. Persons which are not members of self-regulatory organization of arbitration managers cannot constitute more than twenty five percent from number of members of collegiate organ of management. The government and local government officers, and also persons, replacement state and municipal positions cannot be part of members of collegiate organ of management.

7. Are within the competence of collegiate organ of management:

approval of standards and rules of professional activity, introduction of changes in them;

decision making about acceptance of person in members of self-regulatory organization or about the termination of membership in self-regulatory organization on the bases provided by this Federal Law, the charter of non-profit organization;

approval of rules of control of observance by members of self-regulatory organization of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity;

creation of specialized bodies of self-regulatory organization, approval of regulations on them and rules of implementation of activities by them;

appointment of auditing organization for check of conducting financial accounting and the financial (accounting) reporting of self-regulatory organization, decision making about conducting checks of activities of executive body of self-regulatory organization;

representation to general meeting of members of self-regulatory organization of the candidate or candidates for position assignment of sole executive body of self-regulatory organization;

establishment of qualification requirements to the head of the body exercising control of activities of members of self-regulatory organization as arbitration managers in the case of bankruptcy;

acceptance concerning the arbitration manager - the member of self-regulatory organization of the decision on establishment of the size of insurance sum under the agreement of the compulsory liability insurance exceeding stipulated in Item 2 articles 24.1 of this Federal Law the minimum size of insurance sum on obligation of the arbitration manager to imprison in connection with approval him Arbitration Court in the procedures applied in the case of bankruptcy (except for cases on bankruptcy of the absent debtor, and also the debtor whose book value of assets does not exceed hundred million rubles), except the additional agreement of compulsory liability insurance, stipulated in Item 2 articles 24.1 of this Federal Law, the additional insurance contract of responsibility of the arbitration manager. Such decision shall establish the size of insurance sum according to the additional insurance contract of responsibility.

The decision of collegiate organ of management on the termination of membership of the arbitration manager in case of its exception in connection with fundamental breach of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards is accepted by the majority in two thirds of voices of total number of voices of members of collegiate organ of management.

8. The questions of economic and other activity of self-regulatory organization which are not within the competence of general meeting of members of self-regulatory organization and its collegiate organ of management are within the competence of executive body of self-regulatory organization of arbitration managers.

9. For ensuring realization of the rights and obligations determined by this Federal Law, self-regulatory organization of arbitration managers shall create the following bodies:

body for hearing of cases about application concerning members of self-regulatory organization of measures of disciplinary impact;

body for selection of candidates for arbitration managers for representation to Arbitration Courts for the purpose of approval them in the case of bankruptcy;

the body exercising control of observance by members of self-regulatory organization of requirements of the Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity.

10. Claim treatment procedure on actions of members of self-regulatory organization of arbitration managers, cases on violation by members of self-regulatory organization of requirements of the Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity and measure of disciplinary impact are determined according to this Federal Law, federal standards and internal documents of self-regulatory organization.

11. The body for hearing of cases about application concerning members of self-regulatory organization of arbitration managers of measures of disciplinary impact considers cases on violation by members of self-regulatory organization of requirements of the Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity and on application of measures of disciplinary impact to arbitration managers.

12. The body for hearing of cases about application concerning members of self-regulatory organization of arbitration managers of measures of disciplinary impact shall invite to the meeting the member of self-regulatory organization against whom proceedings on application of measures of disciplinary impact, and also the faces which directed the claim to actions of this member of self-regulatory organization are initiated.

13. The body for hearing of cases on members of self-regulatory organization of arbitration managers of measures of disciplinary impact has the right to make the decision on application of the following measures of disciplinary impact on application:

pronouncement of the instruction, the binding member of self-regulatory organization to eliminate also their elimination establishing the terms revealed violation;

removal to the member of self-regulatory organization of the prevention with the notification of it publicly;

imposing on the member of self-regulatory organization of penalty in the amount of, established by internal documents of self-regulatory organization;

the recommendation of exception of person of members of self-regulatory organization which is subject to consideration and approval of management by collegiate organ;

other measures established by internal documents of self-regulatory organization.

The decisions provided by paragraphs the second - the fourth and sixth this Item, become effective from the date of their acceptance by body for hearing of cases about application concerning members of self-regulatory organization of measures of disciplinary impact. The decision provided by the paragraph the fifth this Item is accepted by the majority in three quarters of voices of total number of voices of the members of body for hearing of cases who are present at meeting about application concerning members of self-regulatory organization of measures of disciplinary impact and becomes effective from the moment of its approval of management by collegiate organ.

14. Decisions of body for hearing of cases on application concerning members of self-regulatory organization of arbitration managers of measures of disciplinary impact can be appealed in collegiate organ of management.

Decisions of collegiate organ of management can be appealed in general meeting of members of self-regulatory organization.

15. Person performing functions of sole executive body of self-regulatory organization of arbitration managers and also employees of self-regulatory organization has no right to be arbitration managers.

Article 22. Rights and obligations of self-regulatory organization of arbitration managers

1. Self-regulatory organization of arbitration managers has the right:

represent the interests of members of self-regulatory organization in their relations with public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies;

appeal on its own behalf in the procedure established by the legislation of the Russian Federation any acts, decisions and (or) actions or failure to act of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies and their officials violating the rights and legitimate interests of self-regulatory organization, her member or members or creating threat of such violation;

participate in discussion of drafts of the Federal Laws, other regulatory legal acts of the Russian Federation, drafts of the laws and other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies, state programs on the questions connected with arbitral management and also to send to public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies of the conclusion about results of the independent examinations of projects of the specified regulatory legal acts which are carried out by it;

submit for consideration of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies of the offer respectively on forming and realization of state policy and to questions of forming and realization of policy by local government bodies in the sphere of insolvency (bankruptcy) and financial improvement;

request in public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies information necessary for accomplishment by self-regulatory organization of the functions assigned to it by the Federal Laws and to obtain from these bodies such information in the procedure established by the Federal Laws;

submit claims for protection of the rights and legitimate interests of arbitration managers - members of self-regulatory organization, including about damages recovery, caused to arbitration managers by public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies, and also other persons;

declare in Arbitration Court of the petition for discharge or release from participation in the case of bankruptcy of members of self-regulatory organization in the cases provided by this Federal Law;

appeal court resolutions about approval, discharge or release of arbitration managers - members of self-regulatory organization, and also the court resolutions affecting the rights, obligations or legitimate interests of arbitration managers - members of self-regulatory organization or self-regulatory organization when holding the procedures applied in the case of bankruptcy;

the paragraph the tenth ceased to be valid according to the Federal Law of the Russian Federation of 01.12.2014 No. 405-FZ

perform other rights established by this Federal Law.

2. Self-regulatory organization of arbitration managers shall:

develop and establish conditions of membership of arbitration managers in self-regulatory organization;

develop and establish obligatory standards for accomplishment by members of self-regulatory organization and rules of professional activity;

control professional activity of members of self-regulatory organization regarding observance of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity, including by means of conducting check according to the procedure and with frequency which are established by federal standards;

consider claims to actions of the member of self-regulatory organization, the acting as the arbitration manager in the case of bankruptcy;

apply the measures of disciplinary impact provided by this Federal Law and internal documents of self-regulatory organization to the members, including exception of members of self-regulatory organization, to observe the procedure for application of measures of disciplinary impact approved according to this Federal Law and procedure for hearing of cases about violation by members of self-regulatory organization of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity;

declare in Arbitration Court of the petition for discharge from participation in the case of bankruptcy of the arbitration manager - the member of self-regulatory organization in case of exception of the arbitration manager of members of self-regulatory organization in time no later than the day following behind day of such exception and also in cases of violation by the arbitration manager of conditions of membership in self-regulatory organization, requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity, application to the arbitration manager of administrative punishment in the form of disqualification for making of administrative offense and in other cases established by this Federal Law;

perform the analysis of activities of the members based on information provided by them in self-regulatory organization in report form according to the procedure, established by the charter of non-profit organization or other document approved by the decision of general meeting of members of self-regulatory organization;

store the reports of arbitration managers and other documents approved by the decision of general meeting of members of self-regulatory organization within five years from the date of submission of the relevant document;

perform the organization and holding training of the citizen of the Russian Federation as the assistant to the arbitration manager;

perform with observance of requirements of this Federal Law, Federal Law of December 1, 2007 No. 315-FZ "About self-regulatory organizations" and according to the list of the obligatory data included by self-regulatory organization in the register of arbitration managers and the procedure for maintaining such register by self-regulatory organization approved in the form of the federal standard, inclusion in the register of members of self-regulatory organization of arbitration managers of obligatory data and maintaining such register;

provide forming of compensation fund of self-regulatory organization for financial provision of responsibility on indemnification, the arbitration managers caused by members of self-regulatory organization in case of fulfillment of duties;

organize increase in the professional training level of the members;

on requests of the judge, monitoring body (supervision) in case of initiation of proceedings about administrative offense, including when conducting administrative investigation concerning the arbitration manager to submit documents which contain information on execution by the arbitration manager of the obligations assigned to it in the case of bankruptcy and are related to the specified case on administrative offense;

conclude with managing company, having license for activities on management of investment funds, mutual investment funds and non-state pension funds (further - managing company), and with specialized depositary, having the license for implementation of depository activity and license for activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds (further - specialized depositary), agreements, provided by this Federal Law, in time not later than within ninety days from the date of inclusion of data on non-profit organization in the unified state register of self-regulatory organizations of arbitration managers to declare in Arbitration Court of the petition for release from participation in the case of bankruptcy of the arbitration manager - the member of self-regulatory organization in the cases established by this Federal Law;

in time not later than within fourteen working days from the date of emergence of discrepancy of self-regulatory organization to requirements of Item 2 of article 21 of this Federal Law to represent to monitoring body (supervision) information on such discrepancy;

carry out according to the procedure, established by federal standards, standards and rules of professional activity, accreditation of persons involved by the arbitration manager for ensuring execution of the obligations assigned to it in the case of bankruptcy;

provide access to the data included in the register of the members of self-regulatory organization of arbitration managers interested in their receipt of persons according to the procedure established by regulating authority;

develop and establish procedure for holding procedure of the choice of the candidate for the arbitration manager, obligatory for accomplishment by self-regulatory organization, including criteria of the choice, for the purposes specified in the paragraph the second Item 1 and Item 6 of article 45 of this Federal Law;

develop and establish procedure for determination of competence, obligatory for accomplishment by self-regulatory organization, conscientiousness and independence of the arbitration manager, including criteria of determination, depending on features of case on bankruptcy of the specific debtor and the procedure applied in the case of its bankruptcy for the purposes specified in the paragraph the second Item 5 of article 45 of this Federal Law.

3. Violation by self-regulatory organization of arbitration managers and its officials of requirements of this Federal Law involves responsibility in accordance with the legislation of the Russian Federation.

Article 22.1. Disclosure of information by self-regulatory organization of arbitration managers

1. Self-regulatory organization of arbitration managers along with information provided by the Federal Law of December 1, 2007 No. 315-FZ "About self-regulatory organizations" shall place with observance of requirements of the Federal Laws imposed to information security (including personal data), on the website on the Internet:

constituent documents of self-regulatory organization;

rules of passing of training as the assistant to the arbitration manager;

procedure for holding procedure of the choice of the candidate for the arbitration manager, including criteria of the choice, for the purposes specified in the paragraph the second Item 1 and Item 6 of article 45 of this Federal Law;

procedure for determination of competence, conscientiousness and independence of the arbitration manager, including criteria of determination, depending on features of case on bankruptcy of the specific debtor and the procedure applied in the case of its bankruptcy for the purposes specified in the paragraph the second Item 5 of article 45 of this Federal Law;

information on the course and results of examination of drafts of the Federal Laws, other regulatory legal acts of the Russian Federation, the laws and regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies in which carrying out the self-regulatory organization took part;

information on discrepancy of self-regulatory organization to requirements of Item 2 of article 21 of this Federal Law, including on date of emergence of discrepancy of self-regulatory organization to requirements of Item 2 of article 21 of this Federal Law, on the measures planned and (or) accepted by self-regulatory organization for elimination of such discrepancy;

information on persons accredited by self-regulatory organization according to this Federal Law and internal documents of self-regulatory organization.

The documents specified in this Item and information are posted on the website of self-regulatory organization on the Internet within fourteen days from the date of approval of the relevant documents or origin or change of the relevant information.

2. Within fourteen working days from the date of inclusion of data on non-profit organization in the unified state register of self-regulatory organizations of arbitration managers self-regulatory organization of arbitration managers shall provide to monitoring body (supervision) the following information:

location of self-regulatory organization (legal and post addresses), e-mail address, numbers of contact telephone numbers;

surnames, names and middle names of members of collegiate executive body of self-regulatory organization, person performing functions of sole executive body of self-regulatory organization, members of governing bodies and employees of bodies of self-regulatory organization whose forming is provided by this Federal Law;

the address of the website of self-regulatory organization on the Internet.

3. Within fourteen working days self-regulatory organization of arbitration managers shall provide to monitoring body (supervision) information:

about changes of the data specified in Item 2 of this Article;

about the changes made to the charter of non-profit organization about the documents developed and approved by self-regulatory organization and regulating activities of its bodies specified in article 21.1 of this Federal Law;

about persons accepted in members of self-regulatory organization;

about persons which stopped membership in self-regulatory organization and about the membership termination bases;

about discharge of the arbitration managers who are members of this self-regulatory organization, from execution of the obligations assigned to them in cases on bankruptcy;

about decision making about reorganization of self-regulatory organization.

4. Self-regulatory organization of arbitration managers monthly shall represent to monitoring body (supervision) information:

about the taken place statement of the arbitration managers who are members of this self-regulatory organization in cases on bankruptcy;

about the size of compensation fund of self-regulatory organization;

about the arrived claims to non-execution or improper execution by arbitration managers of the obligations assigned to them in cases on bankruptcy and on results of consideration of such claims.

5. Members of self-regulatory organization of arbitration managers shall open information on the activities which is subject to disclosure in accordance with the legislation of the Russian Federation and the requirements established by self-regulatory organization.

Article 22.2. Maintaining the unified state register of self-regulatory organizations of arbitration managers

1. Maintaining the unified state register of self-regulatory organizations of arbitration managers is performed by monitoring body (supervision).

2. The procedure for maintaining the unified state register of self-regulatory organizations of arbitration managers and the list of the data included in it are determined by regulating authority.

3. The data containing in the unified state register of self-regulatory organizations of arbitration managers are open, public, are subject to placement on the official site of monitoring body (supervision) in Internet network according to the procedure established by regulating authority.

4. Data on the non-profit organization corresponding to conditions of Item 2 of article 21 of this Federal Law are subject to inclusion in the unified state register of self-regulatory organizations of arbitration managers within fifteen working days from the date of submission to monitoring body (supervision) of the following documents:

the statement of non-profit organization for inclusion in the unified state register of self-regulatory organizations of arbitration managers with indication of the name of non-profit organization, the primary state registration number and identification taxpayer number;

originals or the notarized copies of constituent documents of non-profit organization;

the provisions approved by self-regulatory organization and regulating activities of its bodies specified in article 21.1 of this Federal Law and also standards and rules of professional activity;

the notarized copy of the certificate on state registration of non-profit organization;

the list of members of non-profit organization certified by the authorized person of non-profit organization with indication of identification taxpayer number and passport data (surname, name, middle name, birth date, the birthplace, passport details) each of her members on paper and electronic carriers or in electronic form, signed by the qualified digital signature of non-profit organization;

the copies of all applications for admission certified by non-profit organization in members of non-profit organization;

the copies of the documents certifying citizenship of the Russian Federation each member of non-profit organization certified by non-profit organization;

the copies of diplomas certified by non-profit organization about the higher education of each member of non-profit organization;

the copies of the documents confirming passing theoretical examination in the program of training of arbitration managers certified by non-profit organization;

the copies of the service records or other documents confirming availability of the established length of service on executive positions, each member of non-profit organization having length of service on executive positions certified by non-profit organization;

the copies of the certificates or other documents confirming passing by each member of non-profit organization of training as the assistant to the arbitration manager certified by non-profit organization;

the copies of certificates of non-use of administrative punishment certified by non-profit organization in the form of disqualification for making of administrative offense concerning each member of non-profit organization;

the copies of the applications of each member of non-profit organization certified by non-profit organization that concerning him the procedures applied in the case of bankruptcy are not carried out;

the copies of certificates of lack of criminal record certified by non-profit organization for making of intentional crime concerning each member of non-profit organization;

the documents confirming availability of the created compensation fund of self-regulatory organization in the amount of and according to the procedure which are stipulated in Clause 25.1 presents of the Federal Law, or certified by non-profit organization of the copy of such documents;

the copies of determinations of Arbitration Courts certified by non-profit organization about participation of her members at least in hundred procedures applied in cases on bankruptcy, except for procedures, applied in cases on bankruptcy to the absent debtors;

the copies of agreements of compulsory liability insurance of the arbitration manager certified by non-profit organization concerning each member of non-profit organization.

4.1. If the documents specified in paragraphs five, the thirteenth, fifteenth Item 4, the paragraph the fifth Item 4.2 and the paragraph the fifth Item 4.3 of this Article are not provided by the applicant, on interdepartmental request of monitoring body the federal executive body performing state registration of legal entities, physical persons as individual entrepreneurs and peasant farms provides (supervision) the information confirming the fact of entering of data on non-profit organization into the Unified State Register of Legal Entities, the federal executive body authorized by the Government of the Russian Federation on implementation of forming and maintaining the register of the disqualified persons provides the information on non-use of administrative punishment in the form of disqualification for making of administrative offense, and federal executive body, performing functions on development and realization of state policy and normative legal regulation in the sphere of internal affairs, provides the information on lack of criminal record for making of intentional crime concerning each member of non-profit organization.

4.2. In case of reorganization of self-regulatory organizations of arbitration managers in the form of merge the newly created non-profit organization for inclusion of information about her in the unified state register of self-regulatory organizations of arbitration managers represents to monitoring body (supervision) the following documents:

the statement of non-profit organization for inclusion in the unified state register of self-regulatory organizations of arbitration managers with indication of the name of non-profit organization, the primary state registration number and identification taxpayer number;

the documents provided by paragraphs third - the sixth and sixteenth item 4 of this Article;

the notarized copies of protocols of general meetings of members of the self-regulatory organizations which made the decision on reorganization in the form of merge;

the documents confirming entering into the Unified State Register of Legal Entities of record about the termination of activities of the non-profit organizations having the status of the self-regulatory organizations reorganized in the form of merge.

4.3. In case of reorganization of self-regulatory organization of arbitration managers in the form of accession for modification of the data containing in the unified state register of self-regulatory organizations of arbitration managers, the self-regulatory organization which other self-regulatory organization joined represents to monitoring body (supervision) the following documents:

the statement for modification of the data containing in the unified state register of self-regulatory organizations of arbitration managers with indication of the name of non-profit organization, the primary state registration number and identification taxpayer number;

the notarized copies of protocols of general meetings of members of the self-regulatory organizations which made the decision on reorganization in the form of accession;

the notarized copy of the document confirming state registration of the changes made to constituent documents of non-profit organization;

the notarized copy of the document confirming entering into the Unified State Register of Legal Entities of record about the termination of activities of the attached non-profit organization having the status of self-regulatory organization;

the documents provided by paragraphs the fourth, sixth and sixteenth item 4 of this Article.

5. The monitoring body (supervision) makes the decision on inclusion or on refusal in inclusion of non-profit organization in the unified state register of self-regulatory organizations of arbitration managers within fifteen working days from the date of submission of stipulated in Item 4 these Articles of documents, except for documents, the specified in paragraphs five, the thirteenth and fifteenth item 4 of this Article what the non-profit organization is notified in writing within three working days from acceptance date of the relevant decision on.

6. The monitoring body refuses (supervision) inclusion of data on non-profit organization in the unified state register of self-regulatory organizations of arbitration managers on the following bases:

the non-profit organization does not correspond to one of requirements, stipulated in Item 2 articles 21 of this Federal Law;

the non-profit organization provides not all stipulated in Item 4 these Articles documents, except for documents, the specified in paragraphs five, the thirteenth and fifteenth item 4 of this Article;

the documents submitted by non-profit organization do not conform to the requirements established by this Federal Law;

in the federal executive body performing state registration of legal entities, physical persons as individual entrepreneurs and peasant farms there are no data on entering of data on non-profit organization into the Unified State Register of Legal Entities;

in the federal executive body performing state registration of legal entities, physical persons as individual entrepreneurs and peasant farms there are data on the termination of the legal entity;

in the federal executive body performing state registration of legal entities, physical persons as individual entrepreneurs and peasant farms there are no data on completion of reorganization of non-profit organization.

7. The decision on refusal in inclusion of data on non-profit organization in the unified state register of self-regulatory organizations of arbitration managers can be appealed in Arbitration Court.

Article 23.

Voided

Article 23.1. Control (supervision) of activities of self-regulatory organizations of arbitration managers

1. Control (supervision) of activities of self-regulatory organizations of arbitration managers is exercised by monitoring body (supervision) according to the procedure, established by regulating authority.

2. Subject of control (supervision) of monitoring body (supervision) is observance by self-regulatory organizations of arbitration managers of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation regulating activities of self-regulatory organizations of arbitration managers.

3. Control (supervision) is exercised by carrying out scheduled and unscheduled inspections.

4. Scheduled inspection of activities of self-regulatory organization of arbitration managers is carried out by monitoring body (supervision) not more often than every two years.

5. The basis for carrying out unscheduled inspection of activities of self-regulatory organization of arbitration managers is the motivated claim to actions provided to monitoring body (supervision) or the failure to act of self-regulatory organization violating requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, and also which is available in the documents of self-regulatory organization submitted to monitoring body (supervision), discrepancies to such requirements.

6. Duration of check of activities of self-regulatory organization of arbitration managers cannot exceed thirty days.

7. The head of the checked self-regulatory organization of arbitration managers has the right to appeal actions or failure to act of the officials performing check of activities of self-regulatory organization, to the head of monitoring body (supervision), and also judicially.

8. The monitoring body shall report (supervision) in writing in self-regulatory organization of arbitration managers about the decision made by results of check within three working days from acceptance date of this decision.

The decision of monitoring body (supervision) by results of check of activities of self-regulatory organization can be appealed by it in Arbitration Court.

9. Data on the non-profit organization uniting arbitration managers are subject to exception of the unified state register of self-regulatory organizations of arbitration managers according to the decision:

monitoring body (supervision) in case of acceptance by members of self-regulatory organization of arbitration managers or Arbitration Court of the decision on its liquidation, and also in case of acceptance by members of self-regulatory organization of arbitration managers of the decision on its reorganization;

Arbitration Court based on the statement of monitoring body (supervision) about discrepancy of self-regulatory organization to the requirements established by the paragraph the second or fourth Item 2 of article 21 of this Federal Law;

Arbitration Court based on the statement of monitoring body (supervision) in case of identification of the fact of violation by self-regulatory organization more than two times within year of other requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation if this violation is not eliminated or have ineradicable character.

The statement of monitoring body (supervision) about exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers is brought into Arbitration Court in the place of maintaining the unified state register of self-regulatory organizations of arbitration managers.

10. In case of identification of violation by self-regulatory organization of arbitration managers of the requirements established by the paragraph the second or fourth Item 2 of article 21 of this Federal Law the monitoring body sends (supervision) to self-regulatory organization the instruction about elimination of such violation, obligatory for accomplishment within ten working days from the date of its obtaining.

In case of failure to carry out at the scheduled time of this instruction the monitoring body (supervision) shall address within three months from the date of the termination of term of accomplishment of this instruction to Arbitration Court with the statement for exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers, and the Arbitration Court makes the decision on exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers.

11. In case of identification along with stipulated in Item the 10th violation of other violation of this Article of requirements of this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation the monitoring body sends (supervision) to self-regulatory organization of arbitration managers the instruction about elimination of such violation with indication of the term of its accomplishment which duration cannot be less than two months from the date of pronouncement of this instruction.

The instruction of monitoring body (supervision) about elimination of such violation can be appealed by self-regulatory organization in Arbitration Court.

In case of failure to carry out at the scheduled time of this instruction the monitoring body (supervision) shall address within three months from the date of the termination of term of its accomplishment to Arbitration Court with the statement for exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers and the Arbitration Court makes the decision on exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers. The Arbitration Court makes the specified decision also if the revealed violation has ineradicable character.

12. The statement of monitoring body (supervision) about exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers is considered by Arbitration Court in joint structure within a month from receipt date of this statement.

The decision of Arbitration Court on exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers becomes effective from the date of its acceptance and can be appealed in Arbitration Court of cassation instance.

Appeal of the decision of Arbitration Court is not the basis for suspension of its execution.

In case of cancellation by Arbitration Court of cassation instance of the decision of Arbitration Court of the data on non-profit organization are subject to inclusion in the unified state register of self-regulatory organizations of arbitration managers within three days from the date of pronouncement of the resolution by Arbitration Court of cassation instance.

13. Self-regulatory organization of arbitration managers which independently revealed the discrepancy to requirements of paragraph two or the fourth Item 2 of article 21 of this Federal Law shall provide to monitoring body (supervision) within fourteen working days from the date of detection of such discrepancy the statement in writing which shall contain:

description of such discrepancy;

date of emergence of such discrepancy;

the description of the measures taken and (or) planned by self-regulatory organization for elimination of such discrepancy.

Within two months from the date of receipt of this statement the monitoring body (supervision) cannot appeal to Arbitration Court with the claim for exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers and data on non-profit organization cannot be excluded from the unified state register of self-regulatory organizations of arbitration managers on the basis specified in this statement. If before the expiration of the specified term the self-regulatory organization will not provide to monitoring body (supervision) the proof of elimination of discrepancy of self-regulatory organization to requirements of paragraph two or the fourth Item 2 of article 21 of this Federal Law, the monitoring body (supervision) shall take a legal action with the statement for exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers.

14. Within year after date of exception of data on non-profit organization of the unified state register of self-regulatory organizations of arbitration managers of this organization the status of self-regulatory organization of arbitration managers is not provided.

Article 24.

Voided

Article 24.1. Agreement of compulsory liability insurance of the arbitration manager

1. The agreement of compulsory liability insurance of the arbitration manager for causing losses to persons participating in the case of bankruptcy, and other persons in connection with non-execution or improper execution of the obligations assigned to the arbitration manager in the case of bankruptcy shall be signed with the insurance company accredited by self-regulatory organization of arbitration managers for the term at least than a year with condition of its renewal for the same term.

2. The minimum size of insurance sum under the agreement of compulsory liability insurance of the arbitration manager constitutes ten million rubles a year.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.