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FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 29, 2015 No. 154-FZ

About settlement of features of insolvency (bankruptcy) in the territories of the Republic of Crimea and the federal city of Sevastopol and about modification of separate legal acts of the Russian Federation

(as amended on 29-07-2017)

Accepted by the State Duma on June 19, 2015

Approved by the Federation Council on June 24, 2015

Article 1

1. This Article establishes features of insolvency (bankruptcy) and state registration of all debtors about which put bankruptcy on the date of acceptance to the Russian Federation of the Republic of Crimea and education as a part of the Russian Federation new subjects were in production of the economic courts operating in the territories of the Republic of Crimea and the federal city of Sevastopol for the specified date (further - economic court), and also features of acquisition of membership in self-regulatory organization of arbitration managers by the citizens of the Russian Federation living in the territory of the Republic of Crimea or the federal city of Sevastopol.

2. If about day of entry into force of this Federal Law concerning the debtor specified regarding 1 this Article the procedure applied in the case of bankruptcy according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" not later than in thirty days from the date of entry into force of this Federal Law by Arbitration Court of the Republic of Crimea or Arbitration Court of the city of Sevastopol to which in No. 154-FZ established by the Federal Law of June 23, 2014 "About creation of courts of the Russian Federation in the territories of the Republic of Crimea and the federal city of Sevastopol and about modification of separate legal acts of the Russian Federation" procedure the corresponding case on bankruptcy is submitted (further - Arbitration Court) determination about purpose of judicial session on consideration of question of decision making about application of one of procedures is taken out is not entered applied in the case of bankruptcy according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)". Judicial session is held not earlier than in sixty days from the date of removal of determination on purpose of judicial session on consideration of question of decision making about application of one of the procedures applied in the case of bankruptcy. In the presence in case papers about bankruptcy of data that activities of the debtor are connected with use of the data which are the state secret it is specified it in the arbitration court ruling about purpose of judicial session on consideration of question of decision making of application of one of the procedures applied in the case of bankruptcy which in that case also goes to territorial authority of federal executive body in the field of safety.

3. In the arbitration court ruling about purpose of judicial session on consideration of question of decision making about application of one of the procedures applied in the case of bankruptcy are specified:

1) the data identifying the debtor;

2) the information about person approved by economic court for holding the procedure applied to the debtor (surname, name, middle name and the address for the direction to the specified person of correspondence);

3) data on the procedure applied to the debtor and also on date of its introduction;

4) date of judicial session on consideration of question of decision making about application of one of the procedures applied in the case of bankruptcy.

4. The arbitration court ruling specified in part 3 of this Article is posted by Arbitration Court on the official site of Arbitration Court on the Internet not later than within five days from the date of removal of such determination.

5. By results of consideration of question of decision making about application of one of the procedures applied in the case of bankruptcy, Arbitration Court:

1) is taken out by determination about introduction of financial improvement if there is petition of founders (participants) of the debtor, the owner of property of the debtor - the unitary enterprise, authorized state body, and also the third party or the third parties on condition of provision of sufficient ensuring obligation fulfillment of the debtor according to the debt repayment schedule developed and provided by the debtor. At the same time the debt repayment schedule shall provide the beginning of debt repayment not later than in month after removal of determination by Arbitration Court about introduction of financial improvement and repayment of requirements of creditors monthly, in proportion, equal shares within year from start date of satisfaction of requirements of creditors;

2) in the absence of the bases for introduction of financial improvement provided by this part is taken out by determination about introduction of external management if the Arbitration Court has good causes to believe that solvency of the debtor can be recovered;

3) in the presence of the signs of bankruptcy established by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" and in the absence of the bases for introduction of financial improvement and external management provided by this part makes the decision on recognition of the debtor by the bankrupt and on opening of bankruptcy proceedings;

4) is stopped by proceeedings about bankruptcy if there is one of the following circumstances:

a) requirements of creditors of date of judicial session are met;

b) absence on date of judicial session at least of one of the conditions provided by Articles 8, 9 or Item 2 of article 33 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" is established;

c) absence at the debtor of the means sufficient for compensation of court costs and renumeration expenses to the arbitration manager in the case of bankruptcy, or lack of consent of the other person to compensation of these expenses is established.

6. From the date of removal by Arbitration Court according to part 5 of this article of determination or decision making about application of one of the procedures applied in the case of bankruptcy, further review of case on bankruptcy is performed by the rules provided by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".

7. In case of removal by Arbitration Court according to part 5 of this article of determination or decision making about application of one of the procedures applied in the case of bankruptcy, the register of requirements of creditors is constituted by rules of the legislation of the Russian Federation about insolvency (bankruptcy). Requirements of creditors are imposed and considered according to the procedure, the stipulated in Article 100 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)". In the register of requirements of creditors account of requirements of creditors is kept in currency of the Russian Federation. The requirements of creditors expressed in foreign currency are considered in the register of requirements of creditors in rubles on the rate established by the Central Bank of the Russian Federation (Bank of Russia) at the time of introduction according to part 5 of this Article of the procedure applied in the case of bankruptcy.

8. For the purpose of statement of the arbitration manager in the case of bankruptcy of the debtor specified in this Article the choice of self-regulatory organization from among which members the arbitration manager shall be approved is performed by Arbitration Court. Self-regulatory organization of arbitration managers presents the candidacy of the arbitration manager to date of meeting of Arbitration Court on consideration of question of decision making about application of one of the procedures applied in the case of bankruptcy. If in case of removal by Arbitration Court according to part 5 of this Article of determination or decision making about application of one of the procedures applied in the case of bankruptcy it is impossible to determine the arbitration manager, the Arbitration Court takes out determination about adjournment of consideration of question of statement of the arbitration manager for the term of no more than ten days from the date of removal of the specified determination.

9. For the purpose of statement of the arbitration manager in the case of bankruptcy he shall conform to requirements of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" taking into account the features established by this Federal Law.

10. The compulsory provision of membership in self-regulatory organization of arbitration managers provided by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" about training availability as the assistant to the arbitration manager in the case of bankruptcy is considered observed if the arbitration manager has experience of carrying out at least than three procedures applied in the case of bankruptcy including carrying out according to the legislation of Ukraine.

11. Work on executive positions activities of the arbitration manager as the head or the deputy manager of the legal entity and activities of the arbitration manager in case of fulfillment of duties of the head of the debtor according to the legislation of Ukraine, except as specified participations in the procedures applied in the case of bankruptcy to the absent debtor are recognized.

12. The face approved as temporary, administrative, external or the receiver about day of entry into force of this Federal Law and not being the member of self-regulatory organization after the specified day, is subject to release from execution of the obligations assigned to it in the case of bankruptcy.

13. Provisions of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" about involvement of the controlling debtor of person to subsidiary responsibility are applied by Arbitration Court if the circumstances which are the basis for attraction to such responsibility took place from the date of acceptance to the Russian Federation of the Republic of Crimea and education as a part of the Russian Federation of new subjects and to actions and (or) failure to act of the controlling debtor of person according to the Federal constitutional Law of March 21, 2014 No. 6-FKZ "About acceptance to the Russian Federation of the Republic of Crimea and education as a part of the Russian Federation of new subjects - the Republic of Crimea and the federal city of Sevastopol" the legislation of the Russian Federation was applied.

14. If data that the features of bankruptcy of separate categories of debtors provided by Chapter IX of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" - legal entities shall be applied to the debtor become known to Arbitration Court after introduction of the procedure applied in the case of bankruptcy, the Arbitration Court takes out according to the petition of person participating in the case of bankruptcy, or on own initiative determination about application in case of bankruptcy of the debtor of such features.

15. In case of introduction of the procedure applied in the case of bankruptcy of the debtor - the legal entity according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)", provisions of Item 7 of article 19 of the Federal Law of November 30, 1994 No. 52-FZ "About enforcement of part one of the Civil code of the Russian Federation" are not applied.

16. If about day of entry into force of this Federal Law of the information about the debtor - the legal entity are not brought in the Unified State Register of Legal Entities, the arbitration manager approved by Arbitration Court in the case of bankruptcy of the debtor according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" shall file petition for introduction of information about the debtor - the legal entity in the Unified State Register of Legal Entities not earlier than Date of Introduction Arbitration Court according to part 5 of this Article of the procedure applied in the case of bankruptcy and no later than the end of the corresponding procedure. The decision on modification of the constituent documents of the debtor or other decisions which are the basis for introduction of these changes for the purpose of reduction in compliance with the legislation of the Russian Federation of constituent documents of the debtor are accepted by the first creditor meeting. The procedures provided by this part are performed by rules of article 19 of the Federal Law of November 30, 1994 No. 52-FZ "About enforcement of part one of the Civil code of the Russian Federation".

Article 2

Article 25 parts one of the Civil code of the Russian Federation (Russian Federation Code, 1994, No. 32, Art. 3301; 2006, No. 2, Art. 171; 1, the Art. 29) to state 2015, to No. in the following edition:

"Article 25. Insolvency (bankruptcy) of the citizen

1. The citizen who is not capable to meet requirements of creditors for monetary commitments and (or) to fulfill duty on payment of obligatory payments, can be recognized as insolvent (bankrupt) according to the decision of Arbitration Court.

2. The bases, procedure and consequences of recognition by Arbitration Court of the citizen by insolvent (bankrupt), priority of satisfaction of requirements of creditors, procedure for application of procedures in the case of insolvency (bankruptcy) of the citizen are established by the law regulating questions of insolvency (bankruptcy).".

Article 3

Bring in article 19 of the Federal Law of November 30, 1994 No. 52-FZ "About enforcement of part one of the Civil code of the Russian Federation" (The Russian Federation Code, 1994, No. 32, Art. 3302; 2014, No. 19, Art. 2329; No. 45, Art. 6156; 2015, No. 1, Art. 59; No. 14, Art. 2020) following changes:

In paragraph one of Item 1 of the word "or this Item" shall be replaced with words 1) ", the Federal Law "About Settlement of Features of Insolvency (Bankruptcy) in the Territories of the Republic of Crimea and the Federal City of Sevastopol and about Modification of Separate Legal Acts of the Russian Federation" or this Item";

Item 5 to add 2) with the paragraph of the following content:

"Features of insolvency (bankruptcy) of the legal entities specified in Item 1 of this Article are regulated by the legislation of the Russian Federation from the moment of removal of determination about purpose of judicial session on consideration of question of decision making about application of one of the procedures applied in the case of bankruptcy according to part 5 of article 1 of the Federal law "About Settlement of Features of Insolvency (Bankruptcy) in the Territories of the Republic of Crimea and the Federal City of Sevastopol and about Modification of Separate Legal Acts of the Russian Federation".";

Item 9 after the words "established by this Article" to add 3) with words ", the Federal Law "About Settlement of Features of Insolvency (Bankruptcy) in the Territories of the Republic of Crimea and the Federal City of Sevastopol and about Modification of Separate Legal Acts of the Russian Federation".

Article 4

Article 15 of the Federal Law of August 15, 1996 No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" (The Russian Federation Code, 1996, No. 34, Art. 4029; 2004, No. 27, Art. 2711; 2010, No. 15, Art. 1756; 2011, No. 30, Art. 4589; No. 1, the Art. 29) to add 2015, with the subitem 8 of the following content:

"8) it is recognized as insolvent (bankrupt), - before removal of determination by Arbitration Court about completion or suit abatement about insolvency (bankruptcy), including as a result of approval of the voluntary settlement by Arbitration Court.".

Article 5

Item 5.4 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2006, No. 31, Art. 3446; 2007, No. 16, Art. 1831; No. 49, Art. 6036; 2009, No. 23, Art. 2776; 2010, No. 30, Art. 4007; 2011, No. 27, Art. 3837; No. 46, Art. 6406; 2013, No. 26, Art. 3207; No. 52, Art. 6968; 2014, No. 19, Art. 2315; No. 23, Art. 2934; No. 30, Art. 4219; 2015, No. 1, Art. 37; No. 18, Art. 2614; The Russian newspaper, 2015, on June 10) to state in the following edition:

"5.4. When carrying out identification of the client, representative of the client, beneficiary, beneficial owner, updating information about them of the organization, the performing transactions with the money or other property having the right to require representation by the client, representative of the client and to receive from the client, the client's representative identity documents, constituent documents, documents on state registration of the legal entity (individual entrepreneur). When carrying out identification of the client - physical person the organization performing transactions with the money or other property having the right to require representation by the client, the representative of the client of information on the insurance number of the individual ledger account of insured person in system of mandatory pension insurance.".

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