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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 2017 No. 218-FZ

About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation

(as amended on 01-07-2021)

Accepted by the State Duma on July 21, 2017

Approved by the Federation Council on July 25, 2017

Article 1. The relations regulated by this Federal Law

This Federal Law determines procedure for creation, legal status, the purposes of activities, function, power and procedure for management of activities of the public company for protection of the rights of citizens - participants of shared-equity construction.

Article 2. Purpose and procedure for creation of the public company

1. The public company "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" (further - Fund) is created by the Russian Federation for the purpose of realization of the state housing policies directed to increase in guarantee of protection of the rights and legitimate interests of citizens - participants of construction, including participants of shared-equity construction, members of the housing cooperatives having requirements about transfer of premises, parking places, non-residential premises. The participant of construction for the purpose of this Federal Law is understood as the physical person having to the builder the requirement about transfer of premises, the requirement about transfer of the parking place and (or) the non-residential premise or monetary claim according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".

2. The fund is created by transformation of "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" non-profit organization which is created in form of business of fund and which founder is the Russian Federation according to the order of the Government of the Russian Federation about protection of the rights of citizens - participants of shared-equity construction, and is her legal successor.

2.1. Functions and powers of the founder of Fund on behalf of the Russian Federation are performed by the federal executive body performing state regulation in the field of shared-equity construction of apartment houses and (or) other real estate objects.

3. The fund acts on the basis of the Charter, approved by the Government of the Russian Federation.

4. The location of Fund is the city of Moscow.

Article 3. Functions, powers and activities of Fund

1. For goal achievement, established by this Federal Law, the Fund performs the following functions and powers:

1) forming of compensation fund due to obligatory expels (fees) of the builders raising money of participants of shared-equity construction according to the legislation on participation in shared-equity construction of apartment houses and (or) other real estate objects, and the property acquired due to investment of the specified money (further - compensation fund);

2) accounting of the arrived obligatory contributions (fees) of builders to compensation fund and interaction with the federal executive body and its territorial authorities performing the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register (further - body of registration of the rights), according to the procedure, stipulated in Article the 11th this Federal Law, for the purpose of ensuring control of execution of obligation by the builder on payment of obligatory contributions (fees) to compensation fund;

3) payment at the expense of property of Fund of compensation to citizens - the participants of construction having requirements about transfer of premises, parking places, and also the non-residential premises determined by subitem 3.1 of Item 1 of article 201.1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - non-residential premises), in case of insolvency (bankruptcy) of the builder, including housing cooperative, according to this Federal Law;

3. 1) ceased to be valid

3. 2) payment at the expense of property of Fund of compensation to the citizens who are members of housing cooperative or other specialized consumer cooperative which is created according to article 201.10 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" and to which the rights of the builder to object of construction in progress and the parcel of land were transferred (further - cooperative) if requirements of the specified citizens were extinguished in the case of bankruptcy of builder by such transfer according to the register of requirements of participants of construction (the register of requirements about transfer of premises) and the specified citizens have requirements about transfer of premises, parking place and (or) non-residential premise concerning the conforming cooperative;

3. 3) interaction with the Pension Fund of the Russian Federation and its territorial authorities for transfer of part of compensation in case of payment to his citizen for the agreement providing transfer of premises in the amount of means (part of means) of the maternity (family) capital;

4) accreditation of arbitration managers for the purpose of implementation of powers of the receiver by them (the external managing director) in the case of bankruptcy of builder according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" according to the procedure, established by the federal executive body authorized by the Government of the Russian Federation on implementation of functions on development of state policy and normative legal regulation in the field of insolvency (bankruptcy) and financial improvement and approval of the training program of arbitration managers as receivers (external managing directors) in case of bankruptcy of builders;

5) financing at the expense of property of Fund of actions for completion of construction of the apartment houses, apartment houses of the blocked building consisting of three and more blocks, buildings (constructions) intended only for placement of parking places (further - objects of construction in progress), and also on completion of construction (construction) of objects of technical infrastructure, the objects of social infrastructure intended for placement of the preschool educational organizations, general education organizations, polyclinics, objects of transport infrastructure and capital construction projects, providing connection (technology accession) of construction objects to networks of engineering facilities for the purpose of the subsequent voluntary conveyance of infrastructure facilities in the state-owned or municipal property (further - infrastructure facilities), including infrastructure facilities, necessary for ensuring input in case of completion of construction of facilities of construction in progress in operation;

5. 1) ceased to be valid

5. 2) issue of the guarantee, stipulated in Article 13.2 presents of the Federal Law;

5. 3) realization of the property transferred to Fund for the bases, the stipulated in Article 201.15-2-2 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" according to article 13.4 of this Federal Law;

5. 4) implementation of construction on the parcels of land including transferred to Fund for the bases, the stipulated in Article 201.15-2-2 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" according to parts 2 - 4 articles 3 of the Federal Law "About introduction of amendments to article 201.15-2-2 of the Federal law "About Insolvency (Bankruptcy)" and articles 3 and 13.4 of the Federal law "About the Public Company on Protection of the Rights of Citizens — Participants of Shared-equity Construction in case of Insolvency (Bankruptcy) of Builders and about Modification of Separate Legal Acts of the Russian Federation";

5. 5) realization of subjects of the Russian Federation of the programs, joint with executive bodies, directed to construction (completion of construction) of apartment houses on the parcels of land belonging to Fund with the subsequent transfer of part of premises to executive bodies of subjects of the Russian Federation for their provision to the citizens needing improvement of housing conditions, to the citizens moved from emergency housing stock, to the orphan children and children without parental support, citizens having low income level, to the citizens suffering from severe form of chronic diseases, to large families (further - separate categories of citizens);

5. 6) making as the agent of non-profit organization in the form of business of fund created by the subject of the Russian Federation according to article 21.1 of the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (further - Fund of the subject of the Russian Federation), legal and other acts, including the transactions connected with realization of residential and non-residential premises, parking places in the objects which are in property of Fund of the subject of the Russian Federation which completion of construction was performed with attraction of financial resources of Fund, according to the procedure, established by the Government of the Russian Federation;

5. 7) implementation of functions of the technical customer, including carrying out by Fund or the legal entity of construction supervision who is specially created by it for these purposes, including by creation by Fund for the purposes of implementation of such functions of the special legal entity, concerning apartment houses and (or) other real estate objects which completion of construction is performed by Fund of the subject of the Russian Federation with use of the money provided by Fund;

6) government relations, local government bodies and builders;

7) implementation of other functions and powers established by the Federal Laws.

2. The fund performs the activities directed to realization of its functions and also has the right:

1) to invest temporarily available funds according to the procedure, established by the Government of the Russian Federation;

2) to issue bonds in accordance with the legislation of the Russian Federation;

2. 1) to create commercial and non-profit organizations in the territory of the Russian Federation for goal achievement of creation of Fund, established according to this Federal Law, to bring in the authorized capital of such organizations the parcels of land with the inseparable improvements which are on them, transferred to Fund for the bases, the stipulated in Article 201.15-2-2 Federal Laws of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

3) to perform other revenue-producing activities directed to achievement of the purposes delivered before Fund according to this Federal Law.

3. The accounting (financial) records of Fund are subject to annual statutory audit by the auditing organization which is selected according to the Federal Law of July 3, 2016 No. 236-FZ "About the public companies in the Russian Federation and about modification of separate legal acts of the Russian Federation" on competitive basis. The audit opinion is posted on the website of Fund on the Internet and is subject to the direction in the federal executive body performing state regulation in the field of shared-equity construction of apartment houses and (or) other real estate objects (further - authorized body), and the Government of the Russian Federation.

4. The Audit Chamber of the Russian Federation and other state bodies of the Russian Federation in accordance with the legislation of the Russian Federation perform external state audit (control) concerning Fund.

5. The fund constitutes consolidated financial statements according to requirements of the Federal Law of July 27, 2010 No. 208-FZ "About consolidated financial statements".

6. Activities of Fund are subject to annual actuarial estimation.

7. Obligatory actuarial estimation is carried out according to the legislation on actuarial activities. The actuarial conclusion shall conform to requirements, the established Federal Law of November 2, 2013 No. 293-FZ "About actuarial activities in the Russian Federation" and to contain results of actuarial estimation of the current and future obligations of Fund to participants of shared-equity construction, results of estimation of actuarial property value of compensation fund, and also results of actuarial estimation of obligation fulfillment of Fund before citizens - participants of shared-equity construction in the conditions of the current receipts of obligatory assignments (fees) of builders. The actuarial conclusion is posted on the website of Fund on the Internet and is subject to the direction in authorized body and the Government of the Russian Federation.

Article 4. Property Fonda

1. The property of Fund is created at the expense of property fee of the Russian Federation, property of the transformed "Fund of Protection of the Rights of Citizens — Participants of Shared-equity Construction" non-profit organization, compensation fund, and also the property acquired due to investment of the specified money, voluntary property contributions, including public legal entities, income gained by Fund from implementation of the activities, and other receipts which are not prohibited by the legislation of the Russian Federation.

2. The property of Fund belongs to it on the property right and is used for accomplishment of its functions. If other is not determined by this Federal Law, the directions of expenditure of the fund received including as a result of revenue-producing activities, are established by the Government of the Russian Federation.

3. Investment of temporarily available funds of Fund it is performed on the principles of recoverability, profitability and liquidity according to the procedure, established by the Government of the Russian Federation.

4. Temporarily available funds of Fund can be invested only in the following assets (investment objects):

1) government securities of the Russian Federation;

2) government securities of subjects of the Russian Federation;

3) bonds of the Russian issuers, except for government securities of the Russian Federation and the subjects of the Russian Federation specified in Items 1 and 2 of this part;

4) the mortgage securities issued in accordance with the legislation of the Russian Federation about mortgage securities;

5) shares of the Russian issuers created in the form of open joint stock companies;

6) the securities of international financial institutions allowed to placement and (or) the public address in the Russian Federation in accordance with the legislation of the Russian Federation;

7) currency deposits of the Russian Federation and in foreign currency in the Russian credit institutions, and also currency deposits of the Russian Federation and in foreign currency in the state corporation of development "ВЭБ.РФ" if it is provided by the Federal Law of May 17, 2007 No. 82-FZ "About the state corporation of development "ВЭБ.РФ";

8) money in currency of the Russian Federation and in foreign currency on accounts in the Russian credit institutions (except for accounts in the Russian credit institutions performing functions of settlement centers of organizers of trade), and also on accounts in the state corporation of development "ВЭБ.РФ" if it is provided by the Federal Law of May 17, 2007 No. 82-FZ "About the state corporation of development "ВЭБ.РФ".

5. Requirements to investment of temporarily available funds into assets (investment objects) provided by part 4 of this Article are established by the Government of the Russian Federation.

6. Part of income gained from investment of means of compensation fund goes for financing of the expenses connected with implementation of the functions provided by this Federal Law and powers of Fund. The limiting percent of the income gained from investment of means of compensation fund and directed to financing of the expenses connected with implementation of the functions provided by this Federal Law and powers of Fund and ensuring its current activities is established by the Government of the Russian Federation.

7. The order by property of Fund it is performed in accordance with the legislation of the Russian Federation and the fund charter.

Article 5. Compensation fund

1. The compensation fund stands apart from other property of Fund. On compensation fund the isolated account is kept.

2. Money of compensation fund shall be considered on the separate account opened by Fund in the credit institution conforming to the requirements established by the Government of the Russian Federation (further - the account of compensation fund).

3. The rights to the securities acquired at the expense of money of compensation fund are considered on the separate custody accounts opened to Fund.

4. On the property constituting compensation fund collection according to obligations of Fund cannot be turned.

Article 6. Governing bodies Fonda

Governing bodies of Fund are the supervisory board of Fund, board of Fund and the CEO Fonda.

Article 7. The supervisory board Fonda

1. The supreme body of management of Fund is the supervisory board of Fund.

2. Regulations on the supervisory board of Fund affirms the Government of the Russian Federation.

3. The quantitative structure of the supervisory board of Fund shall not exceed seven members. The chairman of the supervisory board Fonda and other members of the supervisory board of Fund are appointed by the Government of the Russian Federation for a period of three years. Are part of the supervisory board of Fund the chairman of the supervisory board of single institute of the development in the housing sphere determined by the Federal Law of July 13, 2015 No. 225-FZ "About assistance to development and increase in management efficiency in the housing sphere and about modification of separate legal acts of the Russian Federation", the CEO of single institute of development in the housing sphere, two representatives from the Government of the Russian Federation, two representatives from Federal Assembly of the Russian Federation (on one representative from each chamber of Federal Assembly of the Russian Federation) and the CEO Fonda who is the member of the supervisory board of Fund for position.

4. Powers of the chairman of the supervisory board of Fund and other members of the supervisory board of Fund can be stopped ahead of schedule according to the decision of the Government of the Russian Federation.

5. When implementing of the functions and powers assigned to Fund the supervisory board of Fund performs the powers provided by this Federal Law, the Federal Law of July 3, 2016 No. 236-FZ "About the public companies in the Russian Federation and about modification of separate legal acts of the Russian Federation", other Federal Laws and the fund charter.

6. The operating procedure and holding meetings of the supervisory board of Fund is determined by regulations on the supervisory board of Fund and (or) regulations of its activities.

Article 8. Board Fonda

1. Collegiate executive body of management of Fund is the board of Fund.

2. The quantitative board of Fund is determined by the fund charter. The CEO Fonda joins the board of Fund for position. The CEO Fonda is the chairman of the board of Fund.

3. Board members of Fund, except for the CEO of Fund, are appointed to position and are dismissed by the supervisory board of Fund for representation of the CEO of Fund for the term determined by the fund charter.

4. Competence of board of Fund is determined by the Federal Law of July 3, 2016 No. 236-FZ "About the public companies in the Russian Federation and about modification of separate legal acts of the Russian Federation" and the fund charter.

Article 9. CEO Fonda

1. The CEO Fonda is sole executive body of Fund.

2. The CEO Fonda is appointed to position for a period of three years according to the procedure, determined by the Government of the Russian Federation.

3. Questions of implementation of management of the current activities of Fund, except for the questions carried to competence of other governing bodies of Fund are within the competence of the CEO of Fund.

4. The procedure the CEO of Fund of the powers is established by the fund charter.

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