ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 14, 2016 No. 1046

About approval of Rules of provision in 2017 of the state guarantees of the Russian Federation on the credits or bonded loans attracted by the legal entities registered and performing the main authorized activities in the territory of the North Caucasian Federal District on implementation of investment projects on creation of tourist cluster in the North Caucasian Federal District and about modification of the Order of the Government of the Russian Federation of May 4, 2011 No. 338

The government of the Russian Federation decides:

1. Approve the enclosed Rules of provision in 2017 of the state guarantees of the Russian Federation on the credits or bonded loans attracted by the legal entities registered and performing the main authorized activities in the territory of the North Caucasian Federal District on implementation of investment projects on creation of tourist cluster in the North Caucasian Federal District.

2. To the Ministry of Finance of the Russian Federation in case of project development of the Federal Law on the federal budget for the next financial year and planning period to provide funds for obligation fulfillment on the state guarantees of the Russian Federation provided on the credits or bonded loans attracted by the legal entities registered and performing the main authorized activities in the territory of the North Caucasian Federal District on implementation of investment projects on creation of tourist cluster in the North Caucasian Federal District.

3. Approve the enclosed changes which are made to the Rules of provision in 2011 - 2016 of the state guarantees of the Russian Federation on the loans attracted by the legal entities registered and performing the main authorized activities in the territory of the North Caucasian Federal District, for implementation of investment projects in the territory of the North Caucasian Federal District approved by the order of the Government of the Russian Federation of May 4, 2011 No. 338 "About provision in 2011 - 2016 of the state guarantees of the Russian Federation on the loans attracted by the legal entities registered and performing the main authorized activities in the territory of the North Caucasian Federal District on implementation of investment projects in the territory of the North Caucasian Federal District" (The Russian Federation Code, 2011, No. 20, Art. 2818; 2014, No. 46, Art. 6346; 2015, No. 16, Art. 2378; 2016, No. 23, Art. 3313).

Approved by the Order of the Government of the Russian Federation of October 14, 2016 No. 1046

Rules of provision in 2017 of the state guarantees of the Russian Federation on the credits or bonded loans attracted by the legal entities registered and performing the main authorized activities in the territory of the North Caucasian Federal District on implementation of investment projects on creation of tourist cluster in the North Caucasian Federal District

I. General provisions

1. These rules establish procedure and conditions of provision in 2016 for the state guarantees of the Russian Federation in currency of the Russian Federation on the credits or bonded loans attracted by the legal entities registered and performing the main authorized activities in the territory of the North Caucasian Federal District in currency of the Russian Federation on implementation (implementation) of investment projects by principals on creation of tourist cluster in the North Caucasian Federal District (further respectively - guarantees, the credits, bonded loans, investment projects, principals), and also procedure and conditions of obligation fulfillment on guarantees.

2. The guarantee is provided in case of observance of the following conditions:

a) the term of return of credit amount (payment of nominal value of bonds in case of their repayment) constitutes from 3 to 11 years;

b) absence at principal as of the 1st in which the guarantee is provided, to the overdue (not settled) debt on monetary commitments to the Russian Federation, and also on obligatory payments in budgets of the budget system of the Russian Federation;

c) satisfactory financial condition of principal;

d) adoption of obligations on reducing the amount of remunerations (awards, bonuses and other stimulating payments) to administrative board of principal and management company to which powers of sole executive body of principal are delegated (to board members (supervisory board) to members of collegiate executive body, sole executive body and its deputies, the chief accountant (other official to who conducting financial accounting is assigned), heads of independent structural divisions of principal and management company), to the individual entrepreneur (managing director) to whom powers of sole executive body of principal are delegated (further - administrative board of principal), for rendering the state warranty support according to these rules;

e) compliance of principal to the requirements established by paragraph one of Item 16 of Article 241 of the Budget code of the Russian Federation;

e) provision for benefit of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation to conforming requirements established by the budget legislation of the Russian Federation, the civil legislation of the Russian Federation and these rules, ensuring execution in full of obligations of principal on satisfaction of recourse requirements of the Russian Federation on behalf of the Ministry of Finance of the Russian Federation to principal in connection with execution in full or in any part of guarantee (further - providing, recourse requirements of the Russian Federation).

3. The guarantee is not provided if principal is in process of reorganization or liquidation or concerning principal insolvency proceedings are initiated (bankruptcy).

4. The guarantee is provided without collection of remuneration of the guarantor.

5. The Russian Federation bears subsidiary responsibility to the creditor (bondholders) according to the obligations of principal provided with guarantee.

6. The guarantee is provided and performed in currency of the Russian Federation. The guarantee is provided a minimum of 500 million rubles.

7. The guarantee is provided in ensuring obligation fulfillment of principal separately on each credit (bonded loan) attracted by principal.

8. Selection of principals and the implementable (performed) them investment projects for rendering the state warranty support according to these rules is performed by the Ministry of the Russian Federation for the North Caucasus no later than October 1, 2017 in the procedure established by the Government of the Russian Federation taking into account the data specified in the Russian Federation represented by principal to the Ministry for the North Caucasus to the questionnaire of principal according to appendix No. 3 to Rules of provision of the state guarantees of the Russian Federation on the credits or bonded loans attracted by the legal entities selected according to the procedure established by the Government of the Russian Federation, on implementation of investment projects, the approved order of the Government of the Russian Federation of December 14, 2010 No. 1017 "About procedure for provision of the state guarantees of the Russian Federation on the credits or bonded loans, attracted by the legal entities selected according to the procedure, established by the Government of the Russian Federation, on implementation of investment projects".

9. Investment projects, implementable (performed) by principal on condition of financing of the investment project by it at the expense of own means (the means received by principal without the state support) of at least 15 percent of all-in cost of the investment project are allowed to selection.

If principal on implementation (implementation) of one investment project attracts several loans and (or) bonded loans, the total amount of the loans attracted by principal and bonded loans provided with guarantees shall not exceed 85 percent of all-in cost of the investment project.

Total amount of one investment project of the credits and bonded loans provided with guarantees attracted on realization (implementation) shall not exceed 85 percent of all-in cost of the investment project.

10. The decision on selection of principals and the implementable (performed) them investment projects is drawn up by the order of the Ministry of the Russian Federation for the North Caucasus which copy is stitched, certified in accordance with the established procedure and it is represented in the Ministry of Finance of the Russian Federation and to the agent involved by the Government of the Russian Federation according to the Federal Law on the federal budget for the corresponding financial year (further - the agent of the Government of the Russian Federation), within 5 working days from the date of its acceptance.

In the decision on selection of principals and the implementable (performed) them investment projects the data provided by Items 34 or 50 of these rules are specified (depending on borrowing type).

10(1). As providing recourse requirements of the Russian Federation can be accepted:

a) guarantee of the Russian legal entity;

b) the bank guarantee of the Russian bank which as of January 1 of year in which the guarantee is provided in size of own means (capital) is among the first 100 largest Russian banks;

c) pledge movable (except for securities, shares in the authorized capital of legal entities) and (or) real estate of principal or other Russian legal entity. Assessment of the pledged property for establishment of its market value is performed in accordance with the legislation of the Russian Federation about estimative activities based on the agreement on evaluating signed with the legal entity, to the corresponding conditions, the stipulated in Clause 15.1 Federal Laws "About Estimative Activities in the Russian Federation" (further - the estimative company). Assessment of the pledged property is performed to the corresponding requirements established by the legislation of the Russian Federation on estimative activities by the appraiser who signed the employment contract with the estimative company (being on the staff of the estimative company) (further - the appraiser), not earlier than before 6 months before date of the conclusion of the agreement of pledge. The pledged property shall be insured against all risks of loss and damage a minimum of its market value, and by the beneficiary according to the insurance contract of the specified property the Ministry of Finance of the Russian Federation shall be specified. Assessment and insurance of the pledged property are performed by the pledger at own expense. The pledged property shall be free from the third party rights to it and shall not be pledge subject of other agreements. The subsequent pledge of the property pledged the Russian Federation on behalf of the Ministry of Finance of the Russian Federation is not allowed.

10(2). Providing recourse requirements of the Russian Federation is accepted in case of observance of the following conditions:

a) the legal entity providing providing recourse requirements of the Russian Federation (the guarantor, bank guarantor, the pledger), is not in process of reorganization or liquidation, concerning the specified legal entity insolvency proceedings are not initiated (bankruptcy);

b) absence at the guarantor and bank guarantor of the overdue (not settled) debt on monetary commitments to the Russian Federation, and also on obligatory payments in budgets of the budget system of the Russian Federation;

c) satisfactory financial condition of the guarantor and bank guarantor;

d) effective period of the provided providing recourse requirements of the Russian Federation constitutes at least effective period of the corresponding guarantee, increased for 3 years;

e) compliance of the guarantor, bank guarantor and subject of pledge to the requirements established by the budget legislation of the Russian Federation, the civil legislation of the Russian Federation and these rules

10(3). Provision of providing recourse requirements of the Russian Federation, including execution of transactions, state registration, other registration (other confirmation) in accordance with the established procedure of transactions and (or) the rights (transition of the rights, encumbrance) on them, is performed before date of issue of guarantee.

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