ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 23, 2016 No. 454

About approval of the Regulations on carrying out tender on selection of the Russian credit institutions for opening of accounts by the regional operator

According to part 3 of article 180 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Regulations on carrying out tender on selection of the Russian credit institutions for opening of accounts by the regional operator.

Approved by the Order of the Government of the Russian Federation of May 23, 2016 No. 454

Regulations on carrying out tender on selection of the Russian credit institutions for opening of accounts by the regional operator

I. General provisions

1. This Provision establishes procedure for carrying out and condition of tender on selection of the Russian credit institutions for opening of accounts by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses (further respectively - the regional operator, tender).

2. The Russian credit institutions independently incur all expenses connected with participation in tender.

3. When carrying out tender before the publication of the protocol of selection of the Russian credit institution for opening of accounts by the regional operator any negotiations of representatives of regional operator or members of the contest committee created for carrying out tender (further - the contest committee), with the Russian credit institution which submitted the bid (further - the request), are not allowed. In case of violation of the specified prohibition tender can be nullified according to the procedure, stipulated by the legislation the Russian Federation.

4. In case of tender recognition cancelled in the cases provided by this Provision (except for case of recognition of tender cancelled in connection with the admission to participation in tender and recognition by the participant of tender of the single Russian credit institution), carrying out new tender is allowed. Other bases of carrying out new tender and frequency of its carrying out are determined by the supreme collegiate organ of the regional operator taking into account provisions of the legislation of the Russian Federation, the legislation of subjects of the Russian Federation, and also this provision.

II. Functions of the regional operator and the contest committee when carrying out tender

5. When carrying out tender the regional operator performs the following functions:

a) creation of the contest committee and statement of its structure;

b) ensuring work of the contest committee;

c) placement (publication) of the notice on carrying out tender and information on results of its carrying out;

d) ensuring acceptance, accounting and storage of the arrived requests;

e) explanation of procedure for carrying out tender and procedure for leading of its results;

e) informing participants of tender on its results;

g) the conclusion with the Russian credit institution - the winner of tender of bank account agreement;

h) decision making about refusal of carrying out tender and the notification of the Russian credit institutions which submitted applications on adoption of such decision;

i) storage of protocols of meetings of the contest committee, and also audio-and (or) videos of meeting of the contest committee when opening envelopes with requests within at least 3 years from the date of placement (publication) of the notice on carrying out tender;

j) making of other actions necessary for carrying out tender.

6. The contest committee performs the following functions:

a) opening of envelopes with requests at meeting of the contest committee and taking the minutes of opening of envelopes with requests;

b) consideration of requests at meeting of the contest committee and taking the minutes of consideration of requests;

c) decision making about the admission of the Russian credit institutions which submitted applications to participation in tender, and about recognition by their participants of tender;

d) assessment of requests and determination of the winner of tender, and also taking the minutes of assessment and comparison of requests.

III. Requirements to participants of tender

7. The Russian credit institutions, including the Russian credit institutions entering into one banking group or one bank holding corresponding for date of application for participation in tender to the following requirements can take part in tender:

a) availability of credit rating is not lower than the A + (RU) level on national rating scale for the Russian Federation of credit rating agency Analytical Credit Rating Agency (Joint-stock company) and (or) credit rating not lower than the ruA+ level on national rating scale for the Russian Federation of credit rating agency Joint-stock company "Expert RA rating agency;

b) the size of own means (capital) at least 250 billion rubles across the Russian Federation which is available in the Central bank of the reporting on the date of check of compliance of the Russian credit institution performed according to Item of 51 this provision.

8. For participation in tender presentation to the Russian credit institution of other requirements, except the requirements specified in Item 7 of this provision is not allowed.

IV. Procedure for forming of the contest committee and holding meetings of the contest committee

9. The regional operator not later than 5 working days before placement of the notice on carrying out tender makes the decision on creation of the contest committee, determines its structure and operating procedure, and also appoints the commission chairman. The regional operator creates one or several permanent contest committees. At the same time the term of office of such commissions does not exceed 2 years.

10. The quantitative structure of the contest committee shall be odd and constitute at least 5 people.

11. The physical person who is the chairman of the board, the board member, the head, the chief accountant, the finance director of the Russian credit institution, the creditor of the Russian credit institution, or the physical person who is married to the chairman of the board, the board member, the head, the chief accountant, the finance director of the Russian credit institution, or the physical person who is the close relative (the relative on the direct ascending and descending line (the parent, the son, the daughter, the grandfather, the grandmother, the grandson), full or not full (having general the father or mother) the brother or the sister), the adoptive father of the chairman of the board, the board member, the head, the chief accountant, the finance director of the Russian credit institution or the adopted chairman of the board, the board member, the head, the chief accountant cannot be the member of the contest committee, finance director of the Russian credit institution.

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