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Ministry of Justice

Russian Federation

On May 13, 2015 No. 37258

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 14, 2015 No. 162-I

About requirements to structure and contents of the documents submitted to the Bank of Russia for registration of rules of trust management of mortgage covering, and also changes and additions made to them

(as amended of the Instruction of the Central bank of the Russian Federation of 11.05.2017 No. 4370-U)

According to part 5 of article 27 of the Federal Law of November 11, 2003 No. 152-FZ "About mortgage securities" (The Russian Federation Code, 2003, No. 46, Art. 4448; 2005, No. 1, Art. 19; 2006, No. 31, Art. 3440; 2010, No. 11, Art. 1171; 2011, No. 48, Art. 6728; No. 49, Art. 7040; 2012, No. 26, Art. 3436; No. 53, Art. 7606; 2013, No. 30, Art. 4084; No. 51, the Art. 6699) (further - the Federal Law "About Mortgage Securities"), the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, of the Art. 4, of the Art. 37) this Instruction establishes requirements to structure and contents of the documents submitted to the Bank of Russia for registration of rules of trust management of mortgage covering, and also changes and additions made to them (further - changes).

Chapter 1. Requirements to structure and contents of the documents submitted to the Bank of Russia for registration of rules of trust management of mortgage covering

1.1. For registration of rules of trust management of mortgage covering (further; - rules) the managing director of mortgage covering (further - the applicant) represents to Department of the corporate relations of the Bank of Russia (further - Authorized division) the following documents.

1.1.1. The statement for registration of rules which shall contain:

full name of the applicant in Russian;

date of state registration, the primary state registration number, the name of the body which performed state registration of the applicant;

identification taxpayer number;

request register rules;

the individual designation identifying hypothecation certificates of participation with mortgage covering;

confirmation of the applicant that edited the text on the electronic medium corresponds to the text of rules provided on paper.

1.1.2. The questionnaire represented on paper and electronic carriers which shall contain:

the name of the applicant (the complete and reduced names of the applicant in Russian);

data on addresses and applicant's phones (location, address, number of the phone/fax, e-mail address);

data on state registration of the applicant (date of state registration, the primary state registration number, the name of the body which performed state registration);

data on statement on tax accounting of the applicant (INN, the name and number of the tax authority which performed statement of the applicant on tax accounting).

1.1.3. Governed on paper (in duplicate) and the electronic medium.

1.1.4. The original or the copy of the decision on approval of rules made according to constituent documents of the applicant certified by the applicant.

1.1.5. The copy of the insurance contract of responsibility of the managing director of mortgage covering to owners of hypothecation certificates of the participation concluded with the insurer, data on whom contain in rules, certified by the applicant.

The document is submitted in case of specifying in rules of information about the insurer with whom the insurance contract of responsibility of the managing director of mortgage covering to owners of hypothecation certificates of participation is signed.

1.1.6. The copy of the contract of the managing director of mortgage covering with specialized depositary certified by the applicant, data on which contain in rules.

1.1.7. The copy of the insurance contract of responsibility of the specialized depositary to owners of hypothecation certificates of participation signed with the insurer, data on whom contain in rules, certified by the applicant.

The document is submitted in case of specifying in rules of information about the insurer with whom the insurance contract of responsibility of specialized depositary to owners of hypothecation certificates of participation is signed.

1.1.8. The copy of the contract of the managing director of mortgage covering with the registrar performing maintaining the register of owners of hypothecation certificates of participation certified by the applicant (further - the registrar), data on which contain in rules.

1.1.9. The copy of the insurance contract of responsibility of the registrar to owners of hypothecation certificates of participation signed with the insurer, data on whom contain in rules, certified by the applicant.

The document is submitted in case of specifying in rules of information about the insurer with whom the insurance contract of responsibility of the registrar to owners of hypothecation certificates of participation is signed.

Chapter 2. Requirements to structure and contents of the documents submitted to the Bank of Russia for registration of changes

2.1. For registration of changes the following documents are submitted to Authorized division.

2.1.1. The statement for registration of changes which shall contain:

full name of the applicant in Russian;

date of state registration, the primary state registration number, the name of the body which performed state registration of the applicant;

identification taxpayer number;

request register changes;

the individual designation identifying hypothecation certificates of participation with mortgage covering;

confirmation of the applicant that edited the text of changes and the text with the made changes on the electronic medium correspond to the specified documents submitted on paper.

2.1.2. The questionnaire which shall contain:

the name of the legal entity to which the rights and obligations according to the trust management agreement of mortgage covering are transferred (the complete and reduced names of the legal entity in Russian);

data on addresses and phones of the legal entity to which the rights and obligations according to the trust management agreement of mortgage covering (the location, the address, number of the phone/fax, the e-mail address) are transferred;

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