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ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of July 3, 2015 No. 432

About approval of the Federal standard of activities of self-regulatory organizations of arbitration managers "Rule of conducting checks of professional activity of members of self-regulatory organization by self-regulatory organization of arbitration managers regarding observance of requirements of the Federal Law "About Insolvency (Bankruptcy)", other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity"

For the purpose of realization of provisions of articles 26.1 and 29 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2009, No. 1, Art. 4; No. 29, Art. 3632; 2014, No. 49, the Art. 6914) and Item 5.3.1 (1) the Regulations on the Ministry of Economic Development of the Russian Federation approved by the order of the Government of the Russian Federation of June 5, 2008 No. 437 (The Russian Federation Code, 2008, No. 24, Art. 2867; 2009, No. 19, Art. 2344; 2011, to No. 17, of the Art. 2424), I order:

Approve the enclosed Federal standard of activities of self-regulatory organizations of arbitration managers "Rule of conducting checks of professional activity of members of self-regulatory organization by self-regulatory organization of arbitration managers regarding observance of requirements of the Federal Law "About Insolvency (Bankruptcy)", other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity".

Minister

A. V. Ulyukaev

Approved by the Order of the Ministry of Economic Development of the Russian Federation of July 3, 2015, No. 432

Federal standard of activities of self-regulatory organizations of arbitration managers "Rule of conducting checks of professional activity of members of self-regulatory organization by self-regulatory organization of arbitration managers regarding observance of requirements of the Federal Law "About Insolvency (Bankruptcy)", other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity"

I. General provisions

1.1. The federal standard of activities of self-regulatory organizations of arbitration managers "Rule of conducting checks of professional activity of members of self-regulatory organization by self-regulatory organization of arbitration managers regarding observance of requirements of the Federal Law "About Insolvency (Bankruptcy)", other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity" No. 127-FZ "About insolvency (bankruptcy)" is developed according to requirements of the Federal Law of October 26, 2012 (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3753, 3754; No. 41, Art. 4845; No. 48, Art. 5814; No. 49, Art. 6078, 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, 14; No. 18, Art. 2153; No. 29, Art. 3582, 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, 7024, 7040, 7061, 7068; No. 50, Art. 7351, 7357; 2012, No. 31, Art. 4333; No. 43, Art. 5787; No. 53, Art. 7607, 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, 6979, 6984; 2014, No. 11, Art. 1095, 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 15, the Art. 10, 35) (further - the Bankrupcy law) and the Federal Law of December 1, 2007 No. 315-FZ "About self-regulatory organizations" (The Russian Federation Code, 2007, No. 49, Art. 6076; 2008, No. 30, Art. 3604, 3616; 2009, No. 18, Art. 2142; No. 52, Art. 6450; 2010, No. 31, Art. 4209; 2011, No. 27, Art. 3880; No. 48, Art. 6728; No. 49, Art. 7061; 2012, No. 26, Art. 3446; 2013, No. 23, Art. 2871; 2014, No. 48, Art. 6640).

1.2. This Standard establishes rules of carrying out by self-regulatory organization of arbitration managers (further - self-regulatory organization) checks of professional activity of members of self-regulatory organization (arbitration managers) regarding observance of requirements of the Bankrupcy law, other Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity of self-regulatory organization (further - check of professional activity).

1.3. Professional activity of members of self-regulatory organization is performed by the specialized body exercising control of observance by the member of self-regulatory organization of requirements of the Federal Laws, other regulatory legal acts of the Russian Federation, federal standards, standards and rules of professional activity (further - specialized monitoring body) created by self-regulatory organization.

1.4. Check of professional activity is performed in the form of scheduled and unscheduled inspections and is the main control method and the analysis of professional activity of members of self-regulatory organization.

1.5. For conducting check of professional activity by the head of specialized monitoring body the commission (commissions) on conducting check (further - the Commission) from among members of specialized monitoring body is created. The commission is headed by the chairman.

1.6. Within conducting checks of professional activity the commission chairman and members of the commission have the right to request from the arbitration manager the documents and materials containing data on execution of requirements of the legislation of the Russian Federation by it, obligations of the arbitration manager when holding the procedures applied in the case of bankruptcy, federal standards, standards and rules of professional activity of self-regulatory organization and also other data necessary for substantive prosecution.

The request can be sent to the arbitration manager to the e-mail address approved by the arbitration manager with self-regulatory organization, or the different way providing its delivery within five working days from the date of its direction.

The arbitration manager shall submit the documents and materials specified in request within the terms and procedure specified in request.

1.7. The chairman, members of the commission and other staff of self-regulatory organization having access to the data received from the arbitration manager during check are responsible for nondisclosure and non-proliferation of such data.

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