FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 21, 2013 No. 353-FZ

About consumer loan (loan)

Accepted by the State Duma of the Russian Federation on December 13, 2013

Approved by Council of the Russian Federation on December 18, 2013

Article 1. The relations regulated by this Federal Law

1. This Federal Law governs the relations arising in connection with provision of consumer loan (loan) to physical person for the purpose of, not connected with implementation of business activity, based on the credit agreement, the loan agreement and execution of the relevant agreement.

2. This Federal Law, except as specified, directly provided by it, is not applied to the relations arising in connection with provision of consumer loan (loan), obligations of the borrower on which are provided with mortgage.

3. Provisions of the Federal Laws regulating activities of credit institutions and not credit financial credit institutions are applied to the relations specified regarding 1 this Article in the part which is not contradicting this Federal Law.

Article 2. Legislation of the Russian Federation on consumer loan (loan)

The legislation of the Russian Federation on consumer loan (loan) is based on provisions of the Civil code of the Russian Federation and No. 151-FZ "About microfinancial activities and the microfinancial organizations", the Federal Law of July 18, 2009 No. 190-FZ "About credit cooperation", the Federal Law of December 8, 1995 No. 193-FZ "About agricultural cooperation", the Federal Law of July 19, 2007 No. 196-FZ "About pawnshops" and other Federal Laws governing the relations specified regarding 1 article 1 of this Federal Law consists of this Federal Law, the Federal Law "About Banks and Banking Activity", the Federal Law of July 2, 2010.

Article 3. The basic concepts used in this Federal Law

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

1) consumer loan (loan) - the money provided by the creditor to the borrower based on the credit agreement, the loan agreement, including with use of electronic instruments of payment, for the purpose of, not connected with implementation of business activity (further - the agreement of consumer loan (loan), including with crediting limit;

The borrower - the physical person who addressed the creditor with intention to receive, obtaining or obtained consumer loan (I will jam) 2);

3) the creditor - the credit institution granting or granted consumer loan, credit institution and not credit financial credit institution granting or granted consumer loan which perform professional activity on provision of consumer loans persons performing according to article 6.1 of this Federal Law activities for loan granting (loans) to physical persons for the purpose of which are not connected with implementation of business activity by them, and obligations of borrowers on which are provided with mortgage, and also person who acquired right to claim against the borrower under the agreement of consumer loan (loan) according to the procedure of concession, universal succession or in case of the address of claim to property of the owner;

4) crediting limit - the maximum amount of money provided by the creditor to the borrower or the maximum size of one-time debt of the borrower to the creditor within the agreement of consumer loan (loan) under the terms of which partial use by the borrower of consumer loan (loan) is allowed;

5) professional activity on provision of consumer loans - activities of the legal entity or individual entrepreneur for provision of consumer loans in cash (except the loans granted by the employer to the worker, loans, granted the physical persons which are founders (participants) or affiliates of the commercial organization granting loan, the loans granted by the broker to the client for transactions of purchase and sale of securities, and other cases provided by the Federal Law);

6) grace period - the term during which in cases and procedure which are established by this Federal Law upon the demand of the borrower the changed terms of the contract of consumer loan (loan) or the credit contract, the loan agreement which are signed with the borrower - physical person for the purpose of are effective, not connected with implementation of business activity by it and according to which obligations are provided with mortgage, the execution by the borrower of the obligations providing suspension under the relevant agreement or reduction of the amount of payments of the borrower.

2. Other concepts and terms used in this Federal Law are applied in that value in what they are used in the civil legislation.

Article 4. Professional activity on provision of consumer loans

Professional activity on provision of consumer loans is performed by credit institutions, and also not credit financial credit institutions in the cases determined by the Federal Laws on their activities.

Article 5. Terms of the contract of consumer loan (loan)

1. The agreement of consumer loan (loan) consists of general terms and individual conditions. The agreement of consumer loan (loan) may contain elements of other agreements (the mixed agreement) if it does not contradict this Federal Law.

2. To terms of the contract of consumer loan (loan), except for the conditions approved by the creditor and the borrower according to part 9 of this Article Article 428 of the Civil code of the Russian Federation is applied.

3. General terms of the agreement of consumer loan (loan) are established by the creditor unilaterally for the purpose of repeated application.

4. The creditor in places of rendering services (places of reception of applications about provision of consumer loan (loan), including on the Internet) the following information on conditions of provision, use and return of consumer loan (loan) shall be placed:

1) the name of the creditor, the location of permanent executive body, contact telephone number on which communication with the creditor, the official site on the Internet (in the presence), license number on banking operations (for credit institutions), information on entering of information about the creditor into the corresponding state register (for the microfinancial organizations, pawnshops is performed), about membership in self-regulatory organizations in the sphere of the financial market (in the presence of such obligation);

2) requirements to the borrower which are established by the creditor and which accomplishment is obligatory for provision of consumer loan (loan);

3) terms of consideration of the application for provision of consumer loan (loan) and adoption of the decision by the creditor issued by the borrower concerning this statement, and also the list of the documents necessary for consideration of the application, including for assessment of creditworthness of the borrower;

4) types of consumer loan (loan);

5) amounts of consumer loan (loan) and terms of its return;

6) currencies in which the consumer loan (loan) is granted;

7) methods of provision of consumer loan (loan), including with use by the borrower of electronic instruments of payment;

8) interest rates as a percentage annual, and in case of application of variable interest rates - the procedure for their determination conforming to requirements of this Federal Law;

8. 1) date since which interest for using consumer loan (loan), or procedure for its determination are charged;

9) types and the amounts of other payments of the borrower under the agreement of consumer loan (loan);

10) the ranges of the values of all-in cost of consumer loan (loan) determined taking into account requirements of this Federal Law for types of consumer loan (loan);

Frequency of payments of the borrower in case of return of consumer loan (loan), interest payment and other payments on the credit (I will occupy) 11);

12) methods of return by the borrower of consumer loan (loan), interest payment on it, including free method of execution by the borrower of agreement obligations of consumer loan (loan);

13) terms during which the borrower has the right to refuse receipt of consumer loan (loan);

14) methods of ensuring obligation fulfillment under the agreement of consumer loan (loan);

15) responsibility of the borrower for improper execution of the agreement of consumer loan (loan), the penalty sizes (penalty, penalty fee), procedure for its calculation, and also information on in what cases these sanctions can be applied;

16) information on other agreements which the borrower shall sign, and (or) other services (works, goods) which he shall acquire in connection with the agreement of consumer loan (loan), and also information on possibility of the borrower to agree with the conclusion of such agreements and (or) acquisition of such services (works, goods) or to refuse them;

17) information on possible increase in expense amount of the borrower in comparison with the expected expense amount in rubles, including in case of application of variable interest rate of condition of increase in value of variable interest rate for the agreement of consumer loan (loan), conforming to requirements of this Federal Law, and also information that change in the exchange rate of foreign currency in the past does not demonstrate change of its rate in the future, and information on the increased risks of the borrower gaining income in the currency other than loan currency (loan);

18) information on determination of the foreign exchange rate if the currency in which money by the creditor to the third party specified by the borrower by provision of consumer loan (loan) is transferred can differ from currency of consumer loan (loan);

19) information on possibility of prohibition of concession creditor to the third parties of the rights (requirements) for the agreement of consumer loan (loan);

20) procedure for provision by the borrower of information on use of consumer loan (loan) (in case of inclusion in the contract of consumer loan (loan) of condition on use by the borrower of the obtained consumer loan (loan) for particular purposes);

21) cognizance of disputes over claims of the creditor to the borrower;

22) forms or other standard forms in which general terms of the agreement of consumer loan (loan) are determined;

23) information on the right of the borrower to address the creditor with the requirement specified regarding 1 Article 6.1-1 and (or) part 1 of article 6.1-2 of this Federal Law, and on conditions in case of which approach the borrower has appropriate right;

24) information on the right of the borrower to establish according to the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" prohibition on the conclusion of contracts of consumer loan (loan) with it, except for agreements of consumer loan (loan) under which obligations are provided with mortgage and (or) pledge of the vehicle, and also agreements of the main educational credit, provision of the state support on which is performed according to the procedure, No. 273-FZ established according to part 4 of article 104 of the Federal Law of December 29, 2012 "About education in the Russian Federation" (further - prohibition), about procedure and methods of establishment (removal) of prohibition, about prohibition conditions, about obligation of credit institution, microfinancial organization to refuse to the borrower the conclusion of the agreement of consumer loan (loan) in the presence of data on running prohibition in credit history of the borrower, in case of the discrepancy of the data on identification taxpayer number provided by the borrower revealed within the inspection which is carried out according to part 4.1 of article 7 of this Federal Law, or impossibility of independent obtaining by credit institution, the microfinancial organization according to the procedure established by part 4.2 of article 7 of this Federal Law, data on identification taxpayer number belonging to the borrower about cases when legal entities and physical persons have no right to require execution by the borrower of agreement obligations of consumer loan (loan) according to part 6 of article 13 of this Federal Law, about procedure for contest according to parts 4.1-1 and 4.1-2 of article 8 of the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" information containing in credit history on the agreement of consumer loan (loan) concluded with the subject of credit history - physical person in the presence of running prohibition (for credit institutions, the microfinancial organizations).

4.1. Placement in places of rendering services and on the official site of the creditor on the Internet (in the presence) of information on interest rates as a percentage annual, part 4 of this Article specified in Item 8, is allowed in case of joint placement with information on the range of values of all-in cost of consumer loan (loan) specified in Item 10 to part 4 of this Article font, identical by the size. Any information brought by the creditor to the borrower shall correspond to information specified in part 4 of this Article.

5. Information specified in part 4 of this Article is brought to the attention of the borrower free of charge. Copies of the documents containing the specified information shall be provided to the borrower on its request free of charge or for a fee, not exceeding costs for their production.

6. In case of involvement of the third parties by the creditor to distribution of information on conditions of provision, use and return of consumer loan (loan) such persons shall open information in amount and according to the procedure which are specified in part 4 of this Article.

7. General terms of the agreement of consumer loan (loan) shall not contain obligation of the borrower to sign other contracts or to acquire services (works, goods) of the creditor or the third parties for a fee. The creditor cannot demand from the borrower of payment under the agreement of consumer loan (loan) of the payments which are not specified in individual conditions of such agreement.

8. Voided according to the Federal Law of the Russian Federation of 29.12.2022 No. 601-FZ

9. Individual terms of the contract of consumer loan (loan) are approved by the creditor and the borrower individually and include the following conditions:

1) amount of consumer loan (loan) or crediting limit and procedure for its change;

2) duration of the agreement of consumer loan (loan) and term of return of consumer loan (loan);

3) currency in which the consumer loan (loan) is granted;

4) interest rate as a percentage annual, and in case of application of variable interest rate - the procedure for its determination conforming to requirements of this Federal Law, its value for date of provision to the borrower of individual conditions;

5) information on determination of the foreign exchange rate if the currency in which money by the creditor to the third party specified by the borrower by provision of consumer loan (loan) is transferred differs from currency in which the consumer loan (loan) is granted;

5. 1) specifying on change of expense amount of the borrower in case of increase in the variable interest rate of consumer loan (loan) used in the agreement of consumer loan (loan) by one percentage point, since the second next payment, for the next date after expected date of the conclusion of the agreement of consumer loan (loan);

6) quantity, the size and frequency (terms) of payments of the borrower under the agreement of consumer loan (loan) or procedure for determination of these payments;

7) procedure for change of quantity, the size and frequency (terms) of payments of the borrower in case of partial early return of consumer loan (loan);

8) methods of execution of monetary commitments under the agreement of consumer loan (loan) in the settlement in the location of the borrower specified in the agreement of consumer loan (loan) including free method of execution by the borrower of obligations under such agreement in the settlement in the place of receipt of the offer by the borrower (the offer to sign the agreement) or in the location of the borrower specified in the agreement of consumer loan (loan);

9) specifying about need of the conclusion the borrower of other agreements required for the conclusion or agreement performance of consumer loan (loan);

10) instruction about need of provision of ensuring obligation fulfillment for the agreement of consumer loan (loan) and the requirement to such providing;

11) the purposes of use by the borrower of consumer loan (loan) (in case of inclusion in the contract of consumer loan (loan) of condition on use by the borrower of consumer loan (loan) for particular purposes);

12) responsibility of the borrower for improper execution of terms of the contract of consumer loan (loan), penalty size (penalty, penalty fee) or procedure for their determination;

13) possibility of prohibition of concession creditor to the third parties of the rights (requirements) for the agreement of consumer loan (loan);

14) consent of the borrower with general terms of the agreement of consumer loan (loan) of the corresponding type;

15) the rendered services (the performed works, implementable goods) by the creditor to the borrower at additional expense and agreements of consumer loan (loan), necessary for the conclusion, (in the presence), their price or procedure for its determination (in the presence), and also confirmation of consent of the borrower to their rendering (accomplishment, acquisition);

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