Elena Zubova
[...] Now NPFs have the status of non-profit organizations, they have founders, but there are no beneficiaries. Who is the real owner of the fund is not always clear, since the founders and actual owners are often completely different organizations. How is ownership transferred? Each fund has an administrator company, which, along with the rights that determine the conditions for the activities of the NPF, is bought by a new owner. At the same time, the real owners of the fund do not bear any responsibility in case of its losses and bankruptcy.
“The former owners began to massively get rid of NPFs, because the money that is drawn on paper is actually not in the funds,” says a source in the government. There are enough buyers. One of them says that after unsuccessful investments and the crisis of 2008, holes in the balance sheets of NPFs can reach 10% (in total 100 billion rubles), but the problems are factored into the price. With adjustments, it is often reduced by two or three times, up to 5% of the value of the property.
At this price, in September 2013, the United Capital Partners (UCP) company of financier Ilya Shcherbovich bought his corporate NPF from Norilsk Nickel (the fund's property is $ 1.7 billion), renaming it to Heritage.
Norilsk Nickel officially announced that the deal amounted to $85 million. Uncovered loss- 600 million rubles, a year earlier - 2 billion rubles. The Fund's main losses were in the second half of 2008, when its council was headed by the current Deputy Prime Minister Olga Golodets. [...]
How do financiers use retirement money? Recently, Lukoil-Garant, for example, bought an 8.8% stake in FC Otkritie itself. Retirement Funds of the purchased NPFs are placed on deposits in several subsidiary banks of FC Otkritie: reserves - in Petrocommerce, savings - in Nomos-Bank and Khanty-Mansiysk Bank. In general, Lukoil-Garant keeps on deposits 70-80% of the amount of pension savings, which is 28% of all pension savings of Russians placed in banks.
One of the significant items in the balance sheets of FC Otkritie banks is transactions with related parties. According to the agency Fitch Ratings, Nomos-Bank in 2012 issued loans to its shareholders for 26 billion rubles, another 53 billion rubles - this is financing of projects related to the ICT group and their partners - development and buying up shares of large corporations. In 2013, the volume of these transactions and the risks associated with them increased, Fitch states. Presence in the pension market is one of the corporation's strategic priorities, the press service of Otkritie said. The corporation declined to comment on the use of pension money to support shareholder projects.
Investments in the business of the founders of NPFs are associated with increased risk and should be limited, according to the Prosecutor General's Office. An example is the investment of DSK-1 and the Company, which, in violation of the law, financed its own construction business for 462 million rubles at the expense of the property of the established NPF Nadezhda (Forbes has audit materials).
Another fund, NPF Semeyny, invested most of the 364 million rubles of pension reserves in real estate through promissory notes of structures affiliated with the founders through an unlicensed management company. The license of the fund itself was revoked in 2012, the money remaining in it could have been enough for pension payments only at the nominal value of the contributions made, but there is no register with customer data. [...]
Non-state pension funds (NPFs) are preparing for the entry into force of the provisions of the law requiring the disclosure of the real owners of NPFs. From the beginning of next year, all funds that work with citizens' savings do not have the right to include non-profit structures (NPOs) among the owners. Thus, a scheme in which the NPF is divided into two and one of them, existing in the form of an NPO, is a 100% owner of the second, will become impossible. However, Gazfond Pension Accumulations and several other funds have found a way to comply with the law without revealing the ultimate beneficiaries of the NPF.
Beneficiaries of several large funds working with pension savings, may remain unknown. Kommersant wrote on March 27 that savings funds, whose shareholders are formally non-profit NPFs, are preparing to change their ownership structure. However, there were no details at the time. Yesterday, the general director of the NPF Gazfond Pension Savings (whose sole shareholder is the non-profit NPF Gazfond) Andrey Kokin said that an option is being considered in which the NPF's shareholder will be commercial organization, which is a "daughter" of the non-profit "Gazfond". "We are discussing this scheme with the Bank of Russia," he specified. Mr. Kokin also reminded that the law does not specify that a non-profit organization cannot be the owner of a commercial structure-shareholder of an NPF.
Until 2014, all NPFs were non-profit organizations and officially had no owners, that is, it was possible to understand who controls the fund only by indirect signs. The reform of the pension system was carried out, among other things, in order to achieve transparency of its participants. Initially, savings funds were required to go public and disclose owners of whatever legal form. At this stage, several funds split - they separated a fund with pension savings and transformed it into a JSC, indicating a non-profit NPF as a 100% owner (usually it contains pension reserves). According to this principle, such funds as Gazfond (with the spin-off of the NPF Gazfond Pension Savings), LUKOIL-Garant, Surgutneftegaz, Neftegarant, Soglasie, Social Protection (with the spin-off of the NPF Sibirsky capital"), "Atomgarant". But, according to paragraph 5 of part 1 of Art. 19 of the law on guaranteeing the rights of insured persons, which comes into force on January 1, 2016, an NPF is recognized as meeting the requirements of the guarantee system if its shareholders are individuals or legal entities established in the form of a business company. That is, non-profit structures (for example, non-profit pension funds) there cannot be such an NPF as a shareholder from next year.
According to Ruslan Gabdulkhakov, Executive Director of NPF Surgutneftegaz, the fund's management is currently discussing various options for changing the ownership structure. "This is the corporatization of a non-profit NPF, or the sale of a fund with savings, or the change of a shareholder, a non-profit NPF, to a structure like a closed-end investment fund," he said. "The question is how the regulator will look at each of the options." NPF LUKOIL-Garant has not resolved the issue of changing the shareholder structure. "Neftegarant" reported only that "in due time the fund implements the necessary measures in full compliance with the requirements of the current legislation." However, according to the head of a large NPF, "a variant similar to the idea of the Gazfond Pension Savings is being considered by at least two more funds."
Experts are not sure that such a scheme for disclosing shareholders will fully suit the regulator. "You need to understand what the Central Bank would like to see. Yes, from the point of view of compliance with the letter of the law, everything is in order. But, probably, such a system does not correspond to the spirit of the law: it was assumed that all funds working with savings would show who is the beneficiary and receives benefit from running a pension business," says Sergey Okolesnov, CEO of the Pension Partner consulting company.
The Bank of Russia did not respond to Kommersant's request yesterday.
In order to comply with the requirements of the legislation governing the activities of non-state pension companies, as well as to protect the rights and interests of participants and insured persons, other interested parties and the state state regulation activities of funds in the field of non-state pension provision, mandatory pension insurance and professional pension insurance, supervision and control over these activities is carried out by FFMS of Russia.
The FFMS is the main state body that exercises control and supervision over the activities of non-state pension funds and their self-regulatory organizations, specialized depositories of non-state funds, the Pension Russian Federation, state management company. In case of violation of license requirements, activities for the formation and placement of reserve funds, the formation and investment of savings funds, the FFMS is authorized to issue comments and instructions on their elimination, suspend the fund's activities in whole or in part or cancel the license.
The Ministry of Labor and Social Protection of the Russian Federation protects the interests of participants in a non-state pension fund, insured persons and their legal successors, and also regulates legal relations, the subject of which is the Pension Fund of the Russian Federation.
Membership in IOPS will allow the Central Bank of the Russian Federation to take part in the development international standards in the field of pension supervision, in the international exchange of information, as well as to study the best international experience in this area and have access to research on pension supervision conducted by IOPS.
located in the lower right corner of the program (Fig. 1). In accordance with the Order of the Federal Tax Service of Russia No. MM-7-6 / dated 02.
It is formed exclusively by the founders; contributors and participants do not take part in this procedure.
The statutes of foundations usually refer to the competence of the Council: resolving strategic issues of the foundation's activities; approval and amendment of the most important documents (charter, rules); determination of investment policy; statement annual report on the work of the fund, work plan for the next year, cost estimates; appointment of executive bodies of the fund and formation of the Board of Trustees.
Today at the intersection of St. Moskovskaya and Tsokolaev in Vladikavkaz, near the "Afghan square", an alley of the 25th anniversary of the RF Foundation appeared.
Planting 25 seedlings of oak, linden and maple is a symbolic action: this year is an anniversary year for the Pension. 25 years ago, the largest state structure in Russia was formed, providing services in the field of social security of the population and representing a single centralized and efficient system of funds management bodies compulsory insurance in the country.
Employees of the Republican Department of the Fund and the Office in Vladikavkaz took part in the tree planting action. The tradition of planting trees was founded 5 years ago (when the 20th anniversary of the PFR was celebrated) and today it has been continued.
The participants of the action took upon themselves the obligation to monitor how the seedlings take root, and, if necessary, take care of them.
In fact, even at a young age, it is worth thinking about a future pension. After all, later, in old age, it will be difficult to change something.
So, at present in our country there is a huge number of non-state pension funds, which vied with each other to offer their services to citizens. But should they be trusted? Which state bodies control NPFs and why control is so important.
Almost all NPFs are managed by the so-called Fund Council. It consists exclusively of the founders. Their competence includes:
It is worth saying that at first the Council meets approximately once every 30 days. During normal operation, meetings are reduced to 1 time per year. Very often the Council is compared to a meeting of shareholders. And it must be said that such a comparison is quite appropriate, since both of them are bodies of higher management.
Of course, the organization must be managed by someone. In most cases, this function is entrusted to a specially designated enforcement body. It can be expressed both in one person and in a group of people. Its functionality is as follows:
Important! The formation of the executive body is carried out exclusively by the Council of the Fund. Moreover, the first can have a fairly wide range of powers.
Sometimes inspections are created, the functions of which include:
- meaning, legal regulation, functions - this is really extremely important points about which you need to know in detail.
Non-state pension fund - its legal regulation by the state is clearly spelled out in Law No. 75-FZ. NPF, in accordance with the law, is non-profit organization. Its activities include:
Note! Founders do not have the right to dispose of the fund's property!
The NPF is responsible for all its assets. Once it passes state registration rights, it is immediately assigned the status of a legal entity. The constituent document is the charter, which is adopted by the founders of the fund.
Non-state pension fund, the value, regulation, functions are fully subject to Article 8 of the Law 75-FZ. So, the functions include:
It is worth starting with the question of which bodies control NPFs. All of them are divided into types, namely:
Which state bodies control NPFs:
Most likely, you have come across such concepts as “social” and “economic” block more than once. So, the PFR and the Ministry of Health and Social Development are part of the first, and the Ministry of Finance and the Bank of Russia are part of the second.
If we take the period up to 2013, then the following organizations exercised control over the activities of non-state pension funds:
It is worth saying that the Central Bank checks for compliance with the requirements for a license, and also ensures that the fund complies with applicable law, as for funds, they are in without fail, every month, quarter and year provide the necessary reporting to specialized bodies.
Legal regulation of the activities of non-state pension funds is externally carried out by:
All of the above organizations have the right only to transfer information about detected violations to state bodies. The latter can already take appropriate measures.
Who exercises control over the non-state pension fund, in principle, is practically clear. There are some other points worth talking about. Public control is managed by the NPF Board of Trustees. Its creation is necessary in order to be able to control the actions of the fund, and thereby protect the interests of clients.
Separately, it should be noted that, starting from 2014, the requirements for reporting NPFs have become more stringent. These measures were taken, of course, for a reason. The first reason is rather complex economic situation. The second factor of influence was the negative indicators of savings during the crisis period of 2008. The Bank of Russia constantly reminds these organizations that although they are engaged in non-commercial activities, they nonetheless perform a socially significant task for the entire country as a whole.
To date, there is a positive trend in the field of non-state pension insurance. The thing is that control over activities is carried out by only one body, and this is indeed the right decision.
Now you know which authorities control NPFs. Of course, every resident of our country has the right to independently decide where exactly to place his pension savings.
However, at present, the state guarantees the protection of depositors from fraud by NPFs for a fairly long period of time. Therefore, people can again trust the authorities and their state as a whole, making sure that their future pension is in safe hands.
This is necessary to ensure a timely retirement, as well as its worthy size.
An increasing number of Russians are establishing control over their pension rights. This is necessary to ensure a timely retirement, as well as its worthy size. To control your pension rights, you need to know where they are counted, how to ensure that you have access to information about seniority, insurance premiums, pension points, i.e. about your individual personal account in the system of personalized accounting in the Pension Fund of the Russian Federation.
- An individual personal account in the Pension Fund is not an analogue bank account. It does not store money, but information about your pension rights, - explains Deputy Head of the Department for Pension Issues Irina Ivanovna Chekulova. - This information is confidential and is stored in compliance with the established rules for the storage of personal data of citizens.
Until 2013, it was possible to find out his condition from the annual "letters of happiness" - mail notifications about the status of an individual personal account. In 2013, the mandatory distribution of chain letters was abolished.
Now about the number of pension points and the duration of the insurance period recorded on the personal account, get detailed information on the periods of employment, places of work, the amount of insurance premiums accrued by employers and the level wages can be found using Citizen's personal account. The service also provides information on pension savings, including data on contributions under the State Pension Co-financing Program. In addition, you can use the personalized version of the pension calculator and find out what influences the formation of pension rights and the amount of the future insurance pension.
All users registered on the www.gosuslugi.ru website and in the Unified Identification and Authentication System (ESIA) have access to the service.
Information on the status of an individual personal account, including information on the status of a special part of an individual personal account and on the results of investing pension savings, can be obtained by contacting PFR customer service, including by mail, within 10 days from the date of application. To obtain information, you must come with a passport and SNILS to the Pension Fund of Russia at the place of registration (including temporary) or actual residence and write a statement.
It can also be done through portal www.gosuslugi.ru To do this, you need to register on the Unified Portal of State and Municipal Services www.gosuslugi.ru. After receiving the access code to " Personal account" on the portal in the section " Electronic Services"It is necessary to select the section" Ministry of Labor and Social Protection of the Russian Federation ", then the subsection" Pension Fund of the Russian Federation ". In this subsection, you can get information about the status of your pension account online.
Also, through bank. To do this, you need to clarify whether the bank of which you are a client provides such a service. If yes, then information on the state of the pension account can be obtained in printed form from the teller or through ATMs, in electronic form - using Internet banking.
Contemporary Russian legislation allows working citizens to keep their pension contributions not only in the PFR structures, but also in non-state pension funds.
The first organizations of this kind appeared in Russia in the 1990s. The approval for their creation was given by presidential decree No. 1077, signed by the guarantor of the constitution on September 16, 1992. The document acquired the force of law on the basis of emergency powers, which were vested in the head of state during the intensive economic reforms. As part of this program, over the next two years, almost 350 different organizations were established, to one degree or another related to non-state pension funds. Until the end of 1996, only 26 permits were issued for conducting non-commercial activities with pension savings of citizens. These documents regulated the work of NPFs and allowed them: to form assets by attracting Money legal entities; transfer the received funds to companies specializing in asset management; to make regular cash payments for a long time or for life to any category of citizens. By the beginning of 1998, 252 companies had already received permits for this type of activity. structural organizations and over the next 10 years this figure remained virtually unchanged.
Since mid-2008, the number of NPFs began to decline sharply. Some entities self-liquidated as a result of bankruptcy, while small companies merged with larger ones due to changes in the current legislation.
Spring 2016 Russian government under the leadership of Prime Minister Dmitry Medvedev, paid a lot of attention to the consideration of a bill obliging NPF shareholders to fully compensate for financial losses caused to clients. “If, as a result of the audit, it is established that the amount of money in client accounts has decreased due to unreasonable investment carried out in the interests of third parties, all losses will have to be recovered by fund shareholders. This will save business managers from the pernicious desire to use entrusted finances for personal enrichment,” Mr. Medvedev said speaking to the ministers and recommended that the document be worked out with experts as soon as possible and submitted to the State Duma for consideration. "We must all possible means to protect people who have entrusted their insurance and pension savings to private investors and non-state funds. And this law will become an effective tool for controlling dishonest financiers,” the Prime Minister noted. The words of the head of government were taken into account, and working group took on the project with a vengeance.
Each non-state pension fund is closely monitored by various inspection bodies. Annually financial activity organizations carefully study the Federal tax service, Department of General Collective Investments and Trust Management of the Central Bank of the Russian Federation, the main office of the PFR and the state Accounts Chamber. In addition, accounting reports must be reviewed for compliance by an independent actuary and auditor. Once a quarter, inspections are carried out by the tax service of the Russian Federation and the BR service that oversees financial markets. Once a week, the state of affairs in a non-state structure is studied by the FIU, and daily by a representative of a special depository. Each of these services draws up its own report and submits it to the fiscal authorities with its own comments and wishes. Based on these data, the license for the activities of the organization is extended or canceled.
The list of Russian non-governmental organizations providing citizens with services for managing insurance pension savings is long and extensive. But even in this variety of various structures and companies, there is its own rating that determines the best representatives of the industry. The top five companies are the most efficient in terms of profitability and reliability.
NPF "Sberbank" high level profitability, extensive experience in a variety of financial transactions, a powerful basic foundation in the form of a large state-owned enterprise (Sberbank of Russia) and the highest maximum possible level of reliability (AAA). More than 4 million people keep their savings in this fund, and the number of clients who have concluded an OPS agreement exceeds 1 million.
NPF "Promagrofond" Not too large, but extremely popular fund with a rapidly growing client base. Since its inception, it has had no global financial problems, does not suffer losses and consistently demonstrates a high return on investment.
NPF "Gazfond" Among the competitors stands out extremely a high percentage profitability. Relatively easily survived the most difficult moments of the crisis and managed to maintain its leadership position in the market financial services. It is trusted by citizens and regularly makes all necessary payments.
NPF Lukoil One of the oldest funds in Russia. Established in 1994, and since 2006 has a perpetual license to operate. It contains branches in 80 Russian cities in 54 regional districts. In 2011, he acquired three smaller funds, thereby increasing the share of capital and expanding the geography of his presence in the state.
NPF "Gefest" It was founded in 1993 and since 2004 has been operating under a perpetual license. Reliable, profitable, with a good investment portfolio. Has branches in various federal districts and provides citizens with a wide range of services to increase pension savings.
These funds are annually included in the rating of the most popular and in demand, they have no problems with the fiscal authorities and for many years they have clearly fulfilled all their obligations.
