ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 23, 2016 No. 453

About approval of Rules of placement of temporarily available funds of fund of the capital repairs created on the account of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses

According to part 3 of article 179 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Rules of placement of temporarily available funds of fund of the capital repairs created on the account of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses.

Approved by the Order of the Government of the Russian Federation of May 23, 2016 No. 453

Rules of placement of temporarily available funds of fund of the capital repairs created on the account of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses

1. These rules establish procedure and condition of the placement of temporarily available funds of fund of capital repairs created on the account of 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, fund of capital repairs), in the Russian credit institutions conforming to the requirements established by part 3 of article 180 of the Housing code of the Russian Federation (further - credit institutions).

2. Temporarily available funds of fund of capital repairs for their placement by the regional operator in credit institutions are:

a) the remaining balance of the means received from owners of rooms in apartment houses, formed on the account (accounts) of regional operator, not used in previous year according to the requirements to ensuring financial stability of activities of the regional operator established by parts 2 and 3 of article 185 of the Housing code of the Russian Federation;

b) remaining balance of the means received from other sources which are not forbidden by the law, on the account (accounts) of regional operator, not used in previous year and not encumbered with execution of obligations by the regional operator on financing of capital repairs of common property in apartment houses in the current year and other obligatory payments;

c) the means which arrived into the account (accounts) of regional operator in the current year if use by their regional operator for accomplishment of obligations on financing of capital repairs of common property in apartment houses, including according to the signed service provision agreements and (or) about performance of works on capital repairs of common property in apartment houses, and to other obligatory payments, is not planned during the forthcoming calendar month and (or) quarter of the current year.

3. The size of temporarily available funds of fund of capital repairs is determined by the supreme collegiate organ of management of the regional operator based on data on the account status, the financial plan of the income and expenses of the regional operator, the cash plan of execution by the regional operator of monetary commitments for the signed service provision agreements and (or) about performance of works by capital repairs of common property in apartment houses according to the regional program of capital repairs of common property in apartment houses and (or) the short-term plan of implementation of the regional program, and also based on the schedule of other obligatory payments made by fund of capital repairs and is subject to approval of the regional operator by the board of trustees.

4. The extreme size of temporarily available funds of fund of capital repairs placed separately by types of the means specified in Item 2 of these rules is established annually by the supreme collegiate organ of management of the regional operator and is subject to approval of the regional operator by the board of trustees.

5. The decision on placement of temporarily available funds is made by the supreme collegiate organ of management of the regional operator.

6. Temporarily available funds of fund of capital repairs are placed on terms of the contract of bank deposit (deposit) in currency of the Russian Federation in the Russian credit institutions which are selected by the regional operator by results of the competition held according to the procedure, the provided 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 "About approval of the Regulations on carrying out tender on selection of the Russian credit institutions for opening of accounts by the regional operator".

7. The means specified in the subitem "v" of Item 2 of these rules are placed on deposits for the term of no more than 3 months.

8. The regional operator shall provide permanent check of compliance of credit institutions in which available funds of fund of capital repairs, to requirements taking into account which each of them was allowed to participation in tender on selection of credit institutions for opening of accounts by the regional operator are temporarily placed.

9. Placement of temporarily free money of fund of capital repairs shall not lead to emergence of deficit of the means necessary for calculation for the rendered services and (or) the performed works on capital repairs of common property in apartment houses, and to risk of involvement of the regional operator to the property responsibility provided by the service provision agreement and (or) about performance of works on capital repairs of common property in apartment houses.

10. The bank deposit agreement (deposit) based on which temporarily available funds of fund of capital repairs are placed, provides including:

a) the condition about possibility of early termination of the specified agreement by the regional operator unilaterally and withdrawals of the placed temporarily available funds no later than 1 working day from the date of presentation by the regional operator to credit institution of the requirement about early termination of such agreement in case of deficit of the means necessary for calculation for the rendered services and (or) the performed works on capital repairs of common property in apartment houses, at the same time such requirement shall contain information on amount of obligations to contract organizations for the rendered services and (or) the performed works on capital repairs and confirmation of the size of balance in cash on the account (accounts) of regional operator;

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