Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

It is registered

Ministry of Justice

Russian Federation

On June 3, 2016 No. 42415

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 10, 2015 No. 517-P

About procedure temporary administration of the microfinancial organization of control of activities of liquidation commission (liquidator) in case of decision making about liquidation of the microfinancial organization during activities of temporary administration

This Provision based on item 4 of article 183.10 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 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. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 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, Art. 7024, Art. 7040, Art. 7061, Art. 7068; No. 50, Art. 7351, Art. 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, Art. 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, Art. 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, Art. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, Art. 29, Art. 35; No. 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; No. 29, of the Art. 4355, of the Art. 4362) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes procedure temporary administration of the microfinancial organization of control of activities of liquidation commission (liquidator) (further - liquidation commission) in case of decision making about liquidation of the microfinancial organization during activities of temporary administration.

Chapter 1. General provisions

1.1. The temporary administration of the liquidated microfinancial organization (further - temporary administration) exercises control of activities of liquidation commission continuously from the date of appointment of liquidation commission and before entering of record about liquidation of the microfinancial organization into the Unified State Register of Legal Entities or before the termination of activities of temporary administration according to the Federal Law "About Insolvency (Bankruptcy)".

1.2. The temporary administration exercises control of the decisions made by liquidation commission, and also observance by liquidation commission of procedure and terms of liquidation of the microfinancial organization, including in part:

placements in press organs in which data on state registration of the legal entity, messages on liquidation of the microfinancial organization and on procedure and term of the statement of requirements by her creditors are published;

written notice of creditors of liquidation of the microfinancial organization;

taking measures to identification of creditors of the microfinancial organization and receipt of receivables of the microfinancial organization;

creation of the interim liquidation balance sheet containing the information about structure of property the liquidated microfinancial organization, the list of requirements imposed by creditors and also about results of their consideration, after the termination of term for presentation of requirements by creditors;

appeals of liquidation commission of the microfinancial organization to Arbitration Court with the statement for bankruptcy of the microfinancial organization in case of insufficiency of property of the liquidated legal entity for satisfaction of requirements of creditors;

payments of sums of money to creditors of the liquidated microfinancial organization;

creation of the liquidation balance sheet after completion of settlings with creditors;

distributions of property of the liquidated microfinancial organization between creditors of the corresponding queue it is pro rata to the amounts of requirements which are subject to satisfaction if other is not established by the law, in case of insufficiency of property of the liquidated microfinancial organization for satisfaction of requirements of all creditors.

1.3. For control of activities of liquidation commission the temporary administration uses the following forms of control:

reclamation of documents and data on liquidation of the microfinancial organization;

conducting checks of activities of liquidation commission with exit in the microfinancial organization;

other forms of control allowing to analyze information on activities of liquidation commission.

1.4. In case of control of activities of liquidation commission the temporary administration has the right:

request from liquidation commission documents and data concerning liquidation of the microfinancial organization;

perform with exit in the microfinancial organization;

perform other actions, stipulated by the legislation the Russian Federation, for the purpose of control of activities of liquidation commission.

1.5. The liquidation commission submits the documents and data requested by temporary administration within the term established by temporary administration.

1.6. In case of control of activities of liquidation commission the temporary administration shall:

exercise control of the decisions made by liquidation commission, and also observance by liquidation commission of procedure and terms of liquidation of the microfinancial organization according to the procedure, established by this Provision;

provide documentary fixation of results of control, including information on the revealed violations of the law of the Russian Federation allowed by liquidation commission;

take the measures specified in Item 2.9 of this provision in the presence of the corresponding bases;

provide monitoring of elimination of the revealed violations of the law of the Russian Federation allowed by liquidation commission;

constitute and send the act of hindrance to implementation of functions of temporary administration (further - the act of hindrance) according to Chapter 3 this provision;

and to represent to file message about activities of liquidation commission it to the Bank of Russia according to Chapter 4 this provision.

Chapter 2. Control procedure

2.1. The temporary administration at least once in 15 days requests the documents and data containing from liquidation commission:

information on the work which is carried out by liquidation commission;

data on requirements of creditors;

information on the carried-out settlings with creditors;

data on cash receipt, their sources and expenditure of money;

data on cases of the appeal of liquidation commission to court.

The temporary administration requests from liquidation commission the following documents (in case of their absence at temporary administration):

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.