FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 30, 2004 No. 218-FZ

About credit stories

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, users of credit stories, subjects of credit stories, public authorities, local government bodies, the Central bank of the Russian Federation (further - the Bank of Russia) and the other persons provided by this Federal Law 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 efficiency of provision and return of borrowed funds, and also creation and determination of conditions for collection, the processing, storage and provision in bureau of credit histories of information characterizing timeliness of obligation fulfillment provided by this Federal Law.

Article 2. Scope of this Federal Law

This Federal Law governs the relations arising between:

1) subject of credit history and source of forming of credit history;

2) source of forming of credit history and bureau of credit histories;

2. 1) ceased to be valid

2. 2) ceased to be valid

2. 3) courts (judges) on the case which is in their production, and bureau of credit histories;

2. 4) federal executive bodies which according to this Federal Law and other Federal Laws interact with bureau of credit histories, and bureau of credit histories;

2. 5) notary and bureau of credit histories;

3) ceased to be valid

4) Bank of Russia and subjects of credit stories;

5) Bank of Russia and users of credit stories;

6) ceased to be valid

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 liquidation commission (liquidator);

11) bureau of credit histories and arbitration manager;

12) bureau of credit histories and qualified bureaus of credit histories, and also between qualified bureaus of credit histories.

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), branch of foreign bank through which the foreign bank performs activities in the territory of the Russian Federation (further - branch of foreign bank), the lessor under the agreement of leasing, the operator of investment platform, the participant of the experiment made according to the Federal Law "About Carrying Out Experiment on Establishment of Special Regulation for the purpose of Creation of Necessary Conditions for Implementation of Activities for Partner Financing in Certain Subjects of the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation", the organization for benefit of which the court resolution which became effective and not performed within 10 days is taken out (further - the judgment) 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 (further - the organization claimant), 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 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 - the commercial organization which 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) (further - the arbitration 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 single institute of development in the housing sphere, specialized financial society or the mortgage agent, the credit managing director of syndicate of creditors according to the Federal Law of December 31, 2017 No. 486-FZ "About syndicated loan (loan) and modification of separate legal acts of the Russian Federation";

5) the subject of credit history - physical person or legal entity concerning which credit history is created and which is borrower according to the loan agreement (credit), the guarantor according to the obligation concerning which credit history, is created by principal concerning which the independent guarantee providing any kind of the obligation, the leasing recipient, person concerning whom the procedures applied in the case of insolvency (bankruptcy), the debtor concerning whom the judgment which became effective and not performed within 10 days about collection of sums of money from it 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 are entered is issued. The subject of credit history the physical person who issued application for provision of loan (credit), the guarantee on loan (credit), leasing is also recognized. Record of credit history is not created concerning the credit obligation of the serviceman served within accumulative and mortgage system of housing providing the military personnel according to the Federal Law of August 20, 2004 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 the different way established by this Federal Law, 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 - the information system of the Bank of Russia created according to this Federal Law for storage of title parts of credit stories, provision of information on bureau of credit histories in which credit history of the subject of credit history, and implementation of temporary storage of databases of bureau of credit histories is stored in the cases determined by this Federal Law;

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 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;

12) data on average monthly payments - sizes of average monthly payments of physical person according to the signed loan agreements (credit), the forming of credit history calculated by sources according to the procedure, established by the Bank of Russia, and also concerning each size of average monthly payment information on the unique identifier of the agreement (transaction) appropriated to the corresponding loan agreement (credit) on bureaus of credit histories in which information on such loan agreement (credit), and other information relating to the corresponding size of average monthly payment is stored;

13) the individual rating of the subject of credit history - containing in credit history of the subject of credit history - physical person the numerical value characterizing its creditworthness and calculated by bureau of credit histories on the basis of technique, requirements to which are established by the Bank of Russia.

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 are specified with use of letters of the Russian and Latin alphabets 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:

1) concerning the subject of credit history:

a) specifying of place of registration and the actual residence (in case of their availability), its subscriber number (including mobile radiotelephone communication), the e-mail address (in case of their provision by the subject of credit history);

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 (in case of their availability);

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

a) specifying of the sum of the obligation determined by the loan agreement (credit) for date of its conclusion and if several borrowers obliged solidary, also the number of such borrowers, or specifying of limit of the loan granted with use of payment card or within credit line or specifying of total amount of the agreement of leasing for date of its conclusion participate in the loan agreement (credit);

and. 1) date of provision of loan (credit), leasing subject;

b) specifying of completion date of the obligation of the borrower, leasing recipient in complete size according to the signed agreement;

c) instruction of the amount and date of the next payment for the loan agreement (credit), the agreement of leasing or specifying of minimum amount of payment and duration of the interest-free period (in case of its availability) on the loan granted with use of payment card;

century 1) instruction of the size of average monthly payment for the loan agreement (credit) calculated according to the procedure, established by the Bank of Russia, and dates of its calculation;

d) about modification and (or) supplements to agreement, information on which is subject to transfer to bureau of credit histories according to this Federal Law, 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 or 6.1-2 of the Federal Law of December 21, 2013 No. 353-FZ "About consumer loan (loan)" or according to Articles 6, 7 and 7.2 Federal Laws "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" and (or) according to article 1 of the Federal Law "About features of obligation fulfillment according to credit agreements (loan agreements) persons which are called up for military service on mobilization in the Armed Forces of the Russian Federation, persons participating in special military operation, and also members of their families and about modification of separate legal acts of the Russian Federation";

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

e) about outstanding amount according to the loan agreement (credit) for date of the last payment, including about the amount and duration of overdue debt, about the total amount of agreement obligations of leasing for date of the last payment, including about the amount and duration of debt (in case of delay of payment of leasing payment);

g) about repayment of loan (credit) due to providing in case of non-execution by the borrower of the agreement obligations, and also about compensation by the principal to the guarantor of the amounts paid on independent guarantee;

h) about the facts of consideration by court, Arbitration and (or) reference tribunal of contractual disputes of loan (credit), to the agreement of leasing, the agreement of pledge, the guarantee agreement, the issued independent guarantee, and also information from 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 (termination) 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);

j) specifying of obligation type;

k) data on providing (on each providing):

for pledge - pledge subject, the pledge subject cost specified in the agreement of pledge, date of the conclusion of the agreement of pledge and term of its action, the available information on encumbrance and on insurance of subject of pledge (in the presence of several objects of pledge information is specified in each subject of pledge);

for the guarantee - the obligation provided with the guarantee, the guarantee amount, date of the conclusion and the duration of the agreement of the guarantee;

for independent guarantee - the amounts of independent guarantee, date of issue of independent guarantee, effective period of independent guarantee specified in independent guarantee, and also information on the termination of independent guarantee of others, cases, other than the termination of effective period of independent guarantee;

l) information on all-in cost of loan (credit) according to the loan agreement (credit);

m) about date and the fact of completion of settlings with creditors and about release of the borrower from further execution of requirements of creditors or about the non-use fact concerning the borrower of the rule about release from further execution of requirements of creditors as a result of renewal of insolvency proceedings (bankruptcy) of physical person if the Arbitration Court makes the decision on recognition of physical person by the bankrupt;

o) the unique identifier of the agreement (transaction) appropriated by the rules established by the Bank of Russia;

2. 1) concerning the obligation of the borrower, the guarantor, principal or the leasing recipient (for each record of credit history) if concerning source of forming of credit history bankruptcy proceedings are opened:

a) about the obligation amount for date of opening of bankruptcy proceedings and for date of completion of bankruptcy proceedings of such source;

b) about date and the amount of obligation fulfillment by the subject of credit history during bankruptcy proceedings in case of such execution in accordance with the terms of the agreement or ahead of schedule;

c) about obligation fulfillment (about voluntary obligation fulfillment in accordance with the terms of the agreement, about obligation fulfillment forcibly, other obligation fulfillment, about debt write-off under the agreement from balance of the organization - source of forming of credit history, about right to claim concession to the third parties with indication of the third parties) for date of completion of bankruptcy proceedings of such source;

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