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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 30, 2004 No. 218-FZ

About credit stories

(as amended on 31-07-2020)

Accepted by the State Duma on December 22, 2004

Approved by the Federation Council on December 24, 2004

Chapter 1. General provisions

Article 1. Subject and purposes of regulation of this Federal Law

1. This Federal Law determines concept and structure of credit history, the basis, procedure for forming, storage and use of credit stories, the activities of bureau of credit histories connected with it are regulated, features of creation, liquidation and reorganization of bureau of credit histories, and also the principles of their interaction with sources of forming of credit history, borrowers, public authorities, local government bodies and the Central bank of the Russian Federation (further - the Bank of Russia), with the organizations for benefit of which the judgment which became effective and not performed within 10 days about collection from the debtor of sums of money in connection with non-execution of obligations by it on introduction of payment for premises, utilities and communication services is taken out are established.

2. The purposes of this Federal Law are increase in security of creditors and borrowers due to general decrease in credit risks, increase in overall performance of credit institutions, microfinancial organizations and credit cooperatives, and also creation and determination of conditions for collection, processing, storage and provision in bureau of credit histories of information characterizing timeliness of execution by borrowers of the agreement obligations of loan (credit), execution by physical persons, including individual entrepreneurs, and legal entities of obligations on introduction of payment for premises, utilities and communication services and execution of maintenance obligations by physical persons according to which there is judgment which became effective and not performed within 10 days about collection from the debtor of the specified sums of money.

Article 2. Scope of this Federal Law

This Federal Law governs the relations arising between:

1) borrowers and the organizations concluding with physical persons, including with individual entrepreneurs, and (or) legal entities loan agreements (credit), the organizations which acquired right to claim according to the specified loan agreements (credit);

2) the organizations concluding with physical persons, including with individual entrepreneurs, and (or) legal entities loan agreements (credit), the organizations which acquired right to claim according to the specified loan agreements (credit), and bureau of credit histories;

2. 1) the organizations for benefit of which the judgment which became effective and not performed within 10 days about collection from the debtor of sums of money in connection with non-execution of obligations by it on introduction of payment for premises, utilities and communication services, and bureau of credit histories is taken out;

2. 2) the federal executive body authorized on implementation of functions on providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies, and bureau of credit histories;

3) the organizations concluding with physical persons, including with individual entrepreneurs, and (or) legal entities loan agreements (credit) and the Central catalog of credit stories;

4) Central catalog of credit stories and subjects of credit stories;

5) Central catalog of credit stories and users of credit stories;

6) Central catalog of credit stories and bureau of credit histories;

7) bureau of credit histories and users of credit stories;

8) bureau of credit histories and subjects of credit stories;

9) bureau of credit histories and Bank of Russia;

10) bureau of credit histories and receiver or liquidator.

Article 3. The basic concepts used in this Federal Law

In this Federal Law the following basic concepts are used:

1) credit history - information which structure is determined by this Federal Law and which is stored in bureau of credit histories;

1. 1) record of credit history - the information which is part of credit history and characterizing execution by the subject of credit history of the assumed liabilities according to one loan agreement (credit), and also other agreement or the obligation provided by this Federal Law;

2) the loan agreement (credit) - the loan agreement, the credit agreement, other agreements which contain condition of provision of commodity and (or) commercial credit, and also bank account agreements providing implementation of payments from the account despite the lack of money (crediting of the account);

3) the credit report - the document which contains information which is part of credit history and which the bureau of credit histories provides at the request of the user of credit history and other persons having the right to the specified information according to this Federal Law;

4) source of forming of credit history - the organization, being the creditor (creditor) according to the loan agreement (credit), the operator of investment platform, the organization for benefit of which the judgment which became effective and not performed within 10 days about collection from the debtor of sums of money in connection with non-execution of obligations by it on introduction of payment for premises, utilities and communication services, the federal executive body authorized on implementation of functions on providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies is taken out in case of collection from the debtor of sums of money on the judgment which became effective and not performed within 10 days according to unexecuted maintenance obligations, obligations on introduction of payment for premises, utilities and communication services or the guarantor - credit or insurance company, issued the obligation to pay to the creditor of principal (beneficiary) sum of money, providing according to this Federal Law information in bureau of credit histories, the arbitration manager appointed for holding the procedure applied in the case of insolvency (bankruptcy) of physical person, including the individual entrepreneur (further - the financial manager), liquidation commission (liquidator) in case of liquidation of the legal entity, providing according to this Federal Law information in bureau of credit histories, and also person which acquired the right to claim according to the obligations specified in this Federal Law including specialized financial society or the mortgage agent;

5) the subject of credit history - physical person or legal entity which is borrower according to the loan agreement (credit), the guarantor, the principal concerning whom the bank guarantee is issued or for benefit of which the judgment which became effective and not performed within 10 days about collection from the debtor of sums of money in connection with non-execution of obligations by it on introduction of payment for premises, utilities and communication services or maintenance obligations is taken out and concerning which credit history is created. Subject of credit history is not the borrower - the participant of accumulative and mortgage system of housing providing the military personnel to whom the mortgage loan (loan) according to the Federal Law of August 20, 2004 is granted to No. 117-FZ "About accumulative and mortgage system of housing providing the military personnel";

6) bureau of credit histories - the legal entity registered in accordance with the legislation of the Russian Federation and included in the state register of bureau of credit histories, being the commercial organization and rendering according to this Federal Law of service in forming, processing and storage of credit stories, and also on provision of credit reports and the accompanying services;

7) the user of credit history - the individual entrepreneur or the legal entity who received written or otherwise the fixed consent of the subject of credit history to receipt of the credit report for the purpose of, specified in the consent of the subject of credit history;

8) The central catalog of credit stories - division of the Bank of Russia which keeps the database created according to this Federal Law for search of the bureau of credit histories containing credit stories of subjects of credit stories;

9) the state register of bureau of credit histories - the open and public federal information resource containing data on bureau of credit histories, including qualified bureaus of credit histories, entered in the specified register by the Bank of Russia;

10) code of the subject of credit history - the combination of digital and alphabetic symbols determined by the subject of credit history, used by it and (or) from its consent of credit history by the user in case of the direction in the Central catalog of credit stories of request about bureau of credit histories in which (which) it is created (are created) credit history (credit stories) of the subject of credit history, for confirmation of legitimacy of issue to the specified information;

11) qualified bureau of credit histories - the bureau of credit histories rendering additional services in provision of data on average monthly payments of subjects of credit stories - physical persons to users of credit stories and corresponding to the criteria established by this Federal Law.

Chapter 2. Credit stories

Article 4. Content of credit history

1. Credit history of the subject of credit history - physical person consists from:

1) title part;

2) main part;

3) the additional (closed) part;

4) information part.

2. Title part of credit history of physical person contains the following information on the subject of credit history:

1) surname, name, middle name (if the last is available) (surname, name, middle name in case of their change) in Russian (for foreign citizens and stateless persons written by letters of the Latin alphabet based on the data containing in the identity document in accordance with the legislation of the Russian Federation), birth date and birth place;

2) passport details of the citizen of the Russian Federation (data of earlier issued passports of the citizen of the Russian Federation in the presence of data) or in case of its lack of other identity document in accordance with the legislation of the Russian Federation (series, number, date of issue, the name and code of the body which issued the passport or other identity document), for the foreign citizen passport details of the citizen of foreign state, for these persons of other document proving his identity;

3) identification taxpayer number (if his face specified);

4) the insurance number of the individual ledger account specified in the document confirming registration in system of the individual (personified) accounting (if his face specified).

3. The main part of credit history of physical person contains the following data (if those are available):

1) concerning the subject of credit history:

a) specifying of place of registration and actual residence;

b) data on state registration of a person as an individual entrepreneur;

c) information on the become effective judgment on recognition of physical person by incapacitated or it is limited capable (in case of its availability);

d) data on the procedures applied in the case of insolvency (bankruptcy) of physical person if the Arbitration Court adopts to production the statement for recognition of physical person by insolvent (bankrupt), including data on wrongful acts of physical person in case of insolvency (bankruptcy), data on deliberate or dummy bankruptcy, with indication of the reference (including date) on inclusion of data in the Unified Federal Register of Bankruptcy Information;

2) concerning the obligation of the borrower, the guarantor, principal (for each record of credit history):

a) specifying of the amount of the obligation (or limiting limit of the loan granted with use of bank card) the borrower for date of the conclusion of the loan agreement (credit);

b) specifying of completion date of the obligation of the borrower in complete size according to the loan agreement (credit);

c) specifying of payment due date of percent according to the loan agreement (credit);

d) about modification and (or) the supplements to agreement of loan (credit) including concerning completion dates of obligations, and also separately - about modification and (or) supplements to agreement of loan (credit) upon the demand of the borrower according to article 6.1-1 of the Federal Law of December 21, 2013 No. 353-FZ "About consumer loan (loan)" or according to articles 6 and 7 of the Federal law "About Introduction of Amendments to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" and Separate Legal Acts of the Russian Federation regarding Features of Change of Conditions of the Credit Agreement, Loan Agreement";

e) about date and the amount of the actual obligation fulfillment of the borrower in complete and (or) incomplete sizes;

e) about outstanding amount according to the loan agreement (credit) for date of the last payment;

g) about repayment of loan (credit) due to providing in case of non-execution by the borrower of the agreement obligations;

h) about the facts of consideration by court, Arbitration and (or) reference tribunal of contractual disputes of loan (credit) and contents of substantive provisions of the court resolutions which took legal effect, except for information which is part of the additional (closed) part of credit history;

i) about the termination of the information transfer determined by this Article in bureau of credit histories in connection with cancellation of the agreement on rendering information services or in connection with the taken place right to claim concession (with indication of the dates specified events);

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