Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 21, 2013 No. 353-FZ

About consumer loan (loan)

(as amended on 27-12-2019)

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).

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, 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 organization (for credit consumer cooperatives);

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 which he shall receive 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) rendering such services 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, 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);

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.