Law on the sequence of vesting the military preferential apartments changed from time to time and updated with new information.
Participants of the so-called NIS (savings and mortgage system) have a convenient opportunity to track all ongoing adjustments on the Internet, where you can find out last changes on military mortgages, which are planned to be introduced in 2016.
At the beginning, it should be recalled that Federal Law No. 117 “On the Mortgage System for Providing Military Personnel” was adopted in 2004. All subsequent changes have been recorded by amending this document.
On the portal of Rosvoenipoteka you can find a lot useful information for current NIS participants, as well as information on:
In addition, the site contains all the regulatory and legal documentation, as well as up-to-date information and discusses in detail the following questions:
A little earlier, the state gave the military apartments in in kind- through distribution. Based on the latest amendments to the law, NIS participants in 2016 have the opportunity to choose the region where they plan to purchase housing, as well as directly the property.
To do this, the soldier must:
Despite the fact that initially "" meant the acquisition of secondary housing, in 2016 participants will also have access to such real estate as:
It is worth noting that program participants received the right to refinance, thereby improving loan conditions.
In the event that during the service a person has not made a mortgage, he has every right to use the accumulated money at his own discretion. However, to do this, you must have at least 10 years of service.
Previously, from year to year, the amount of payments increased all the time, and from 37 thousand rubles grew by about six and a half times. In 2016, there will be no indexation of the state subsidy. It will remain the same as in 2015 - 245 thousand rubles.
If a program participant is interested in luxury housing, he should pay the difference between the amount of the subsidy from the state and the contribution from personal cash savings.
Now the family has the right to use the maternity capital certificate to pay off the Military Mortgage.
Remember that the fact that a soldier owns real estate does not deprive him of the right to obtain a mortgage at the expense of the state.
The terms of payment remained unchanged. If a serviceman died, died or went missing, payments do not stop. Second spouse, dependents and children act as successors.
If the military loses status for no good reason, he will need to pay the mortgage on his own and reimburse the payments made earlier to the state.
The maximum loan amount despite disagreements in Russian government remained the same - 2,400,000 (two million four hundred thousand), although it was planned to increase it at the summer parliamentary hearings.
The maximum mortgage repayment period is until the borrower reaches the age of 45.
For families in which two spouses are active military personnel at once, the opportunity will now be provided to pool their capital to purchase a common living space. To do this, the spouses must be members of the savings mortgage system.
Among other things, in 2016 military families will be provided with other improvements in the terms of loan repayment: for example, for military personnel who leave military service after 10 years for family reasons, organizational events or health, the terms of loan repayments will be facilitated.
The Russian military are on state support and housing loan programs for such persons are being developed with special preferential terms. Program special mortgage has been in operation for a long time and is in demand. With its help, a person can take out a loan to buy a private house or apartment, as well as to purchase land plot on which the construction of a residential building is planned in the future.
For a long time, the terms of such housing loans remained unchanged. In 2016, they decided to slightly adjust them. Now every military man can independently select a property. In all regions of the country, it was forbidden to provide assistance to the military and their families in the so-called in-kind terms.
The borrower will be able to spend the funds allocated under the mortgage on ready-made housing - a house or apartment, to pay equity participation or for your own construction. Under a preferential offer, the military can receive a loan from 300,000 to 2.5 million. All amounts are in national currency. The amount of preferential payments is different for everyone, as it depends on the category of real estate and the region where it is located. When applying for a preferential military mortgage, banks do not charge commission either for considering a loan or for conducting the entire mortgage transaction.
At mortgage programs for the military, there are advantages that cannot be ignored. Among the advantages is the ability of the military family to independently determine the place of residence, taking into account attachment to medical institutions, educational institutions etc. The introduction of such programs with attractive lending conditions allows you to slightly increase the turnover of sales in the real estate market. Every year, indexation of state subsidies is carried out, which allows the military to use the amount depending on the level of inflation.
The military mortgage could not do without drawbacks. Not everyone will be able to take advantage of such a preferential offer of mortgage lending, for this you will have to wait at least three years to accumulate an amount sufficient to pay down payment on a mortgage loan. Loan amounts may seem small to some. In fact, sometimes the maximum amount may not be enough for the accommodation you like, especially in large cities. It turns out that the choice of the military is still limited. And yet, even with such disadvantages, such a social mortgage offer is undoubtedly an effective tool.
At the moment, university graduates, sailors, midshipmen, sergeants, foremen, soldiers, ensigns and officers can take advantage of the offer of preferential mortgage lending. Wanting to get a discount Housing loan first of all, the military draws up a report addressed to his commander. The commander should prepare a personal card and add his subordinate to the register. After that, the military will be assigned a registration number, as well as an account will be opened in his name.
Buying an apartment is a responsible step, investing serious money in real estate. But potential buyers do not always have such money that they can give them at a time for a house or apartment without financial assistance from the side banking organizations. Modern lenders offer different categories of citizens to purchase real estate in a mortgage. Naturally, for the military (participants of the NIS program), these conditions will be specific. has been provided to citizens since 1998, but recently its conditions have undergone some changes that need to be considered.
The military is a special category of the Russian population, whose representatives are offered mortgage loans in the country on special grounds. The meaning of the military mortgage is that the Russian Ministry of Defense repays part of the loan and interest instead of the borrower. As a result of such financial assistance, it becomes much easier to buy real estate.
Since 2014, Russian military personnel have the right to receive assistance from the state in the form of:
If during the period of service a citizen did not use the help of the state, the amount of the subsidy will increase every year. So it depends on seniority. But initially, a serviceman can use state mortgage lending after three years from the date of his entry into the NIS (accumulative mortgage system).
Under the military mortgage program, the following conditions apply:
The basic terms of the military mortgage in 2016 remained unchanged. But there are some nuances of providing state assistance:
Unlike most other social programs, military mortgages have simple terms performances in 2016. A citizen must be a member of the NIS system for at least three years and at the time of repayment of the entire loan, he must not be older than 45 years.
Consider the procedure for obtaining a state subsidy under the 2016 military mortgage program:
A serviceman must conclude an agreement with a bank and insurance companies, sign a conclusion with a real estate seller and undergo state registration. Today, many banks offer optimal conditions for preferential mortgage lending - Svyaz Bank and others. After performing all the necessary manipulations, the potential borrower must transfer the documentation package to the Federal State Institution "Rosvoenipoteka" for the transfer of funds.
The Government of the Russian Federation has developed a program to provide servicemen with their own housing. Previously, real estate was issued to the military only after dismissal for years of service. To get housing, you had to wait in line, which could take years to move. In 2007, the NIS developed a program that allows you to buy real estate without waiting for the age of dismissal.
The accumulative mortgage system (NIS) implies the implementation of monthly transfers to the individual account of a soldier for further improvement living conditions. It opens automatically after 3 years of service in the army or at the request of an employee. The amount of deductions does not depend on the rank, term and place of service of the program participant.
After joining the program, funds are accumulated on the serviceman's account, which can be used to purchase housing. In 2019, there are 2 ways to purchase real estate:
In the second case, military mortgage payments will be made not by the borrower himself, but from the federal budget.
Money on the account works in the same way as on a simple one. deposit. A soldier may receive additional income as annual interest from the amount placed on the NIS account. Such additional income can also be used to purchase a home or make regular monthly payments on a mortgage loan.
Previously, deductions to an individual account were made once a month, but since 2016, payments have become annual. They are transferred until March 20 of the current year. The amount of funds allocated to an employee under the NIS program is constantly increasing, since accruals are subject to annual indexation.
The question often arises: can the military dispose of his savings in the NIS at his own discretion. To answer this question, see Art. 10 No. 117 - Federal Law "On the savings and mortgage system housing military personnel." The specified regulatory legal act explains that the following categories of participants can spend NIS funds for personal purposes:
The second group includes the military who retired from the army after 10 years of service for the following reasons:
This also includes the military who retired due to the onset of the age limit for military service.
The amount of funds allocated to military personnel under the NIS program is constantly increasing. This is achieved due to the fact that once a year they are indexed. For the entire period of the program, indexation of accruals was not made only in 2016, which caused some military difficulties with making monthly payments on military mortgages.
The size of indexation, on average, coincides with the inflation rate for the past year. Thus, in 2019, the amount of accruals to the accounts of NIS participants amounted to 280,009.7 rubles, which is 4.3% higher compared to the previous year (268,465.6 rubles).
By simple calculations, you can find out how much money per month, on average, is intended for the military. This amount is 23334 rubles. It is on this amount of the monthly payment that an employee can count on when applying for a military mortgage.
Below is a table that clearly shows how the size of transfers to NIS participants changed due to indexation:
| Year | Amount of transfers, in rubles |
| 2019 | 280009,7 |
| 2018 | 268465,6 |
| 2017 | 260141 |
| 2016 | 245880 |
| 2015 | 245880 |
| 2014 | 233100 |
| 2013 | 222000 |
| 2012 | 205200 |
| 2011 | 189800 |
| 2010 | 175600 |
| 2009 | 168000 |
| 2008 | 89900 |
| 2007 | 82800 |
A few years after the launch of the military mortgage program, many of its participants wondered how to find out the amount of savings and choose the right moment to buy real estate.
You can find out how much money is accumulated on a military personal account in one of the following ways:
Accounts are maintained by FGKU Rosvoinipoteka. The NIS funds are disposed of under the control of this structure. She also transfers funds from the NIS account to a credit institution as monthly payments on a military mortgage.
The accumulative mortgage system gives military personnel the opportunity to purchase their own living space without waiting for seniority. This program allows you to get a mortgage loan from a bank, which will be repaid at the expense of the state. Funds are annually transferred to the personal accounts of the military. After enough money has been accumulated for the down payment on the mortgage, the employee can get a loan to buy real estate. The amount of deductions under the NIS program is indexed annually. So, at the time of the launch of the program, they amounted to 82,800 rubles a year, and in 2019 - 280,009.7 rubles.
Each serviceman and participating in the accumulative mortgage system can receive a subsidy for the purchase of an apartment or house. These grants are funded by federal budget, and are controlled by the Ministry of Defense of the Russian Federation. The program is open-ended and is designed so that all employees of paramilitary structures can buy housing for themselves.
A serviceman who has entered the program, having accumulated the money needed to buy an apartment, has the right to take out a residential property in a mortgage and repay the loan with the help of annual compensation.
You can buy an apartment in any region of the Russian Federation.
Mortgages for military personnel are handled by companies such as AHML, Molodostroy, as well as commercial banks.
The state transfers a certain amount of money to the name of the military every year, which goes to buy an apartment. A serviceman has the right to purchase housing, regardless of what his income is. The initial installment and monthly payments on the loan, the borrower pays with the help of NIS. According to the norm of the law, the maximum possible loan amount has the right to be 2,400,000 rubles. It is calculated based on the current inflation rate.
The funds of the military mortgage loan in 2016 are divided into 2 parts: the first is immediately transferred as a deposit to the bank, the second goes to the bank 3 months after the loan is issued.
In order to solve the problem of providing residential property to the military in 2004, the Federal Law of August 20, 2004 No. 117-FZ “On the savings and mortgage system of housing for the military” was adopted. According to this law, a program called NIS was created, which made it possible to subsidize the purchase of residential property in crisis conditions.
The task of the system is to help a serviceman to purchase housing on credit, or save up for it during his service. The conditions of the program are drawn up in such a way that a serviceman who applied for participation in the program must save up for living space by the end of his service.
A serviceman has the right to apply for an apartment, regardless of whether he has residential property or does not have it. Participation in the program must be voluntary. Any serviceman can become a participant, however, there are also such servicemen in the army who are automatically included in the program:
The following employees may volunteer to participate in the program:
The period of the program is not limited, however, if the employee is fired ahead of schedule mortgage payments, he loses all benefits.
To apply for a residential property under the NIS system, you must adhere to the following points:
It is very important to carry out the procedure strictly in accordance with the points, because the failure to fulfill one point may entail the failure to fulfill all the others. It is extremely important to comply with all legal regulations and prepare all necessary documents in advance.
To apply for a mortgage loan, you must provide the following documents:
| Name of the bank | Loan percentage | Down payment, % | Maximum loan amount, rubles | Maximum age of the borrower, years | Insurance | Website |
|---|---|---|---|---|---|---|
| VTB 24 | 12,5 | at least 20% | 1 930 000 | 41 | Necessarily | Military mortgage from VTB 24 |
| Sberbank | 12,5 | at least 20% | 2 300 000 | 45 | Necessarily | Military mortgage from Sberbank |
| Rosselkhozbank | 10,9 | at least 20% | 2 300 000 | 45 | Necessarily | Military mortgage from Rosselkhozbank |
| Gazprombank | 12,5 | at least 20% | 1 900 000 | 45 | Necessarily | Military mortgage from Gazprombank |
This is an incomplete list of banks operating with military mortgages in 2016. In order to find out if your bank works with a military mortgage, you need to go to its website and in the "Mortgage Loans" section find the "Military Mortgage" item. If it is missing, then the bank does not work with this program.
Conditions may change, so it is better to look at the websites of banks for exact information.
Federal Law of August 20, 2004 No. 117-FZ "On the savings and mortgage system of housing for the military"
RUSSIAN FEDERATION
THE FEDERAL LAW
ON THE STORAGE AND MORTGAGE SYSTEM OF HOUSING
PROVISION FOR MILITARY PERSONNEL
State Duma
Federation Council
List of changing documents
(as amended by the Federal Laws of 02.02.2006 N 19-FZ,
dated 04.12.2007 N 324-FZ, dated 23.07.2008 N 160-FZ,
dated 25.11.2009 N 281-FZ, dated 28.06.2011 N 168-FZ,
dated 11/21/2011 N 327-FZ, dated 06/25/2012 N 90-FZ,
of 02.07.2013 N 185-FZ, of 23.07.2013 N 251-FZ,
dated December 28, 2013 N 396-FZ, dated June 29, 2015 N 210-FZ,
as amended by Federal Laws of 04.06.2014 N 145-FZ,
of 04/06/2015 N 68-FZ (as amended on 12/14/2015))
This Federal Law establishes the legal, organizational, economic and social foundations of the accumulative mortgage system of housing provision for servicemen.
Chapter 1. GENERAL PROVISIONS
Article 1. Subject legal regulation and the purpose of this Federal Law
This Federal Law governs relations connected with the formation, peculiarities of investment and use of funds intended for the housing provision of military personnel, as well as for other purposes in cases provided for by this Federal Law.
Article 2
The legislation of the Russian Federation on housing for military personnel is based on the Constitution of the Russian Federation, generally recognized principles and norms international law, international treaties of the Russian Federation and consists of this Federal Law, other federal laws, as well as other regulatory legal acts of the Russian Federation issued in accordance with them. Regulation of relations in this area is also carried out by normative acts Central Bank Russian Federation.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) accumulative-mortgage system of housing provision for military personnel (hereinafter referred to as the accumulation-mortgage system) - a set of legal, economic and organizational relations aimed at realizing the rights of military personnel to housing provision;
2) participants of the accumulative mortgage system (hereinafter also referred to as participants) - military personnel - citizens of the Russian Federation who are doing military service under a contract and included in the register of participants;
3) register of participants - a list of participants in the accumulative mortgage system, formed by the federal executive body, in which the federal law provides for military service, in the manner established by the Government of the Russian Federation;
4) funded contribution - funds allocated from the federal budget and accounted for in the participant's personal savings account;
5) authorized federal body - the federal executive body that ensures the functioning of the savings and mortgage system in accordance with this Federal Law;
6) savings for housing - a set of funds, including:
a) funded contributions received by the authorized federal body and not transferred to trust management companies;
b) funds transferred for trust management to management companies by the authorized federal body in accordance with this Federal Law, including income from investing these funds;
c) funds received by the authorized federal body from management companies or on other grounds provided for by this Federal Law, but not directed to the intended use of savings for housing provision by participants;
7) personal savings account of the participant - form analytical accounting, which includes a set of information on funded contributions coming from the federal budget, on income from investing these funds, on debt and on pledged obligations of a participant in the savings and mortgage system to the authorized federal body, as well as information about the participant;
8) targeted housing loan - funds provided to a participant in the accumulation mortgage system on a returnable and free of charge or returnable basis in accordance with this Federal Law;
(Clause 8 as amended by Federal Law No. 168-FZ of June 28, 2011)
9) estimated total contribution - funded contributions received from the federal budget and accounted for on the participant's personal savings account for the period of military service of the participant in the savings and mortgage system until the age limit for his military service established by federal law, corresponding to the assigned military rank (excluding income from investment)
10) index investment fund - an investment fund, the funds of which are invested in securities in accordance with the declared investment index;
11) investment portfolio - assets (cash and securities) formed at the expense of funds transferred by the authorized federal body for trust management on the basis of one trust management agreement;
12) total investment portfolio - a set of assets (cash and securities) held in trust by all management companies in accordance with this Federal Law;
13) investment mandate - a list of types of assets that management companies may include in an investment declaration management company when submitting documents for participation in the tender for the conclusion of trust management agreements;
14) investment income - dividends and interest (income) on securities and bank deposits, other types of income from operations for investing savings for housing, net financial result from the sale of assets, financial result reflecting the change market value investment portfolio.
Chapter 2. ORGANIZATION OF THE SAVINGS AND MORTGAGE SYSTEM
Article 4
1. Realization of the right to housing by the participants of the accumulative mortgage system is carried out through:
1) formation of savings for housing provision on registered savings accounts of participants and subsequent use of these savings;
(as amended by Federal Law No. 168-FZ of June 28, 2011)
2) provision of a targeted housing loan;
3) payments, by decision of the federal executive body in which military service is provided for by federal law, at the expense of federal budget funds allocated to the relevant federal executive body, in the amount and in the manner established by the Government of the Russian Federation, of funds supplementing savings for housing security accounted for in the participant’s personal savings account, up to the estimated amount of funds that a participant in the savings and mortgage system could accumulate in the period from the date such funds were provided to the date when the total duration of his military service in calendar terms (hereinafter referred to as the total duration of military service ) could be twenty years (excluding investment income).
2. The payment of funds specified in clause 3 of part 1 of this article is made to military personnel who participated in the accumulation mortgage system, or to members of their families who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises, with the exception of residential premises acquired using targeted housing loans in accordance with this Federal Law:
(As amended by Federal Law No. 324-FZ of December 4, 2007)
1) to the participants of the accumulative mortgage system specified in paragraph 2 of Article 10 of this Federal Law, with a total duration of military service from ten to twenty years;
2) family members of participants in the accumulation mortgage system in the cases provided for by Part 1 of Article 12 of this Federal Law;
3) to the participants of the accumulative mortgage system specified in paragraph 4 of Article 10 of this Federal Law.
(Clause 3 was introduced by Federal Law No. 324-FZ of December 4, 2007)
3. Payments of the funds specified in Clause 3 of Part 1 of this Article shall be made by the federal executive authorities, in which military service is provided for by federal law, within a three-month period starting from the date of receipt by the relevant federal executive authority of an application in writing from a participant in the accumulative mortgage system or members of his family with a request for payment.
Article 5. Formation of savings for housing provision
1. Savings for housing provision are formed from the following sources:
1) accumulative contributions recorded on the registered savings accounts of participants at the expense of the federal budget;
2) income from investment of savings for housing;
3) other receipts not prohibited by the legislation of the Russian Federation.
2. The amount of the funded contribution per participant is established by the federal law on the federal budget for the year the funded contribution is made in the amount of not less than the funded contribution received by indexing the actually accrued and transferred funded contribution previous year taking into account the level of inflation provided for by the forecast of the socio-economic development of the Russian Federation for the next year.
3. Accumulative contributions transferred quarterly from the federal budget per participant in the savings and mortgage system are accounted for in the participant's personal savings account during the entire period of his military service in accordance with the rules for the functioning of the savings and mortgage system approved by the Government of the Russian Federation, containing:
1) the procedure for maintaining registered savings accounts of participants;
2) the procedure and conditions for the use of savings for housing provision, provision and repayment of targeted housing loans;
3) the procedure for the authorized federal body to provide information on management companies and a specialized depository, on the status of registered savings accounts of participants;
4) other components of the rules for the functioning of the savings and mortgage system.
4. Accounting for savings contributions on registered savings accounts of participants is carried out on the basis of information about participants in the savings and mortgage system submitted to the authorized federal body by federal executive bodies in which military service is provided for by federal law.
5. Accounting of accumulative contributions on the participant's nominal accumulative account begins on the 1st day of the month following the month of opening this account, and stops from the date of closing this account.
6. Accounting for income from investment on the registered savings accounts of participants is carried out by the authorized federal body in proportion to the amounts of savings recorded on the registered savings accounts of participants, and the terms of their investment for reporting year.
(as amended by Federal Law No. 168-FZ of June 28, 2011)
7. The receipts specified in point 3 of paragraph 1 of this article shall be accounted for on the personal savings account of each participant in proportion to the savings accounted for on the personal savings account as of the date of receipt of funds.
7.1. On a personal savings account of a participant who was excluded from the register of participants due to dismissal from military service for health reasons, or in connection with organizational and staff events, or for family reasons, provided for by the legislation of the Russian Federation on military duty and military service, who has in this case, the right to use savings for housing provision did not arise on the grounds provided for in paragraph 2 of Article 10 of this Federal Law, and which was included in the register of participants on the basis provided for in paragraph 14 of Part 2 of Article 9 of this Federal Law, cash in the amount of savings is taken into account for housing, accounted for on the participant's personal savings account on the day the grounds for its exclusion from the register of participants arise.
(Part 7.1 was introduced by Federal Law No. 168-FZ of June 28, 2011)
8. Savings for housing security are the property of the Russian Federation, are not subject to withdrawal to the budget of any level, cannot be the subject of pledge or other security (except for individual clearing security) of the obligations of the owner of the said savings and the subjects of relations for their formation and investment.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
9. Accounting for savings for housing provision is maintained on the registered savings accounts of participants by the authorized federal body in accordance with the legislation of the Russian Federation and the rules for the operation of the savings and mortgage system specified in Part 3 of this article.
10. The received savings contributions, operations on the use of savings for housing, as well as calculated on the basis of the cost of net assets of the total investment portfolio at the end of the reporting period, the amount of savings for housing provision formed in favor of the participant as of the end of the reporting period.
Article 6
The subjects of relations for the formation and investment of savings for housing provision are federal executive authorities, in which the federal law provides for military service, an authorized federal body, a specialized depository, management companies, credit organizations and brokers.
Article 7
1. Federal executive authorities in which military service is provided for by federal law:
1) form and maintain a register of participants in the manner established by the Government of the Russian Federation, and submit to the authorized federal body information about participants in the savings and mortgage system necessary for maintaining their registered savings accounts, taking into account the requirements of the legislation of the Russian Federation on state secrets;
2) notify the authorized federal body of the transfer of a participant in the accumulative mortgage system to another federal executive body for military service;
3) submit to the federal executive body in the field of finance and the authorized federal body information on the number of participants in the savings and mortgage system for the formation of a budget projection for the corresponding year;
4) verify the information reflected in the register of participants, together with the authorized federal body;
5) receive in the authorized federal body information about registered savings accounts of participants;
6) inform in writing the participants of the accumulative mortgage system about their inclusion in this system and about their exclusion from it;
7) in the cases established by Clause 3 of Part 1 of Article 4 of this Federal Law, make a decision on the payment of funds supplementing the savings for housing provision to participants in the savings and mortgage system or members of their families and pay the specified funds;
(as amended by Federal Law No. 168-FZ of June 28, 2011)
8) carry out information and explanatory work on the savings and mortgage system;
9) perform other functions provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. Authorized federal body:
1) formalizes the receipt, in accordance with the established procedure, of budget allocations for the accumulation of funds on the registered savings accounts of participants;
2) keeps records of savings for housing, including on the registered savings accounts of participants;
3) conducts, in accordance with the procedure established by the Central Bank of the Russian Federation, competitions for the selection of a specialized depository for concluding an agreement with it on the provision of services of a specialized depository;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
4) holds, in accordance with the procedure established by the Central Bank of the Russian Federation, competitions for the selection of management companies for concluding agreements with them on trust management of savings for housing provision;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
5) is, in accordance with the legislation of the Russian Federation, a party to agreements with management companies and a specialized depository, which are selected based on the results of a tender in accordance with the requirements of this Federal Law;
6) requests and receives funds from management companies for their intended use by participants in the savings and mortgage system in accordance with this Federal Law;
7) carry out the implementation of measures provided for by the legislation of the Russian Federation, in order to preserve the savings for housing provision, which are in trust management of management companies;
8) carries out registration and issuance of targeted housing loans to participants in the accumulative mortgage system at the request in writing of the participant;
9) submit annually to the Government of the Russian Federation reports on the funds recorded in the registered savings accounts of participants, on the results of investing savings for housing provision transferred to trust management companies, on the use of savings for housing provision;
10) discloses information on the formation, investment and use of savings for housing provision in the manner and within the time limits established by the Government of the Russian Federation;
11) conducts information and explanatory work on the implementation of this Federal Law;
12) inform participants about the housing market;
13) provides savings for housing provision to participants in the savings and mortgage system after the right to use them arises;
13.1) determines, in accordance with this Federal Law, the requirements for the investment declaration of the management company, including the structure of the investment portfolio;
(Clause 13.1 was introduced by Federal Law No. 168-FZ of June 28, 2011)
14) perform other functions provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, the regulation on the authorized federal body approved by the Government of the Russian Federation.
Article 8
1. Public control over the investment of savings for housing provision is carried out by the Council for investing savings for housing provision (hereinafter referred to as the Council) in accordance with the regulation approved by the Government of the Russian Federation.
2. The personal composition of the Council is formed from representatives of self-regulatory organizations of professional participants in the securities market, other public organizations and federal executive bodies.
3. The Council may not include persons who, by virtue of their professional duties, directly make decisions on investing savings for housing.
4. Members of the Council carry out their activities on a gratuitous basis.
5. The Council has the right to request the authorized federal body and central bank the Russian Federation on information on the activity of investing savings for housing, including the reporting of the subjects of relations on investing savings for housing, as well as audit reports and audit reports according to the said reporting.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
6. In case of detection of facts of offenses in the field of investment and use of savings for housing provision, the relevant proposals are sent by the Council to the authorized federal executive bodies exercising the functions of legal regulation, and the authorized federal executive bodies exercising the functions of state control(supervision) in the field of relations on the formation and use of savings for housing, the Central Bank of the Russian Federation, other federal executive bodies, their territorial bodies and law enforcement agencies in accordance with their competence to resolve the issue of bringing offenders to justice under the legislation of the Russian Federation .
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Chapter 3. PARTICIPATION OF MILITARY PERSONNEL
IN THE SAVINGS AND MORTGAGE SYSTEM
Article 9
1. The following servicemen are members of the savings and mortgage system:
1) persons who graduated from military professional educational organizations or military educational organizations higher education and, in connection with this, received the first military rank of officer starting from January 1, 2005, while these persons who entered into the first contracts for military service before January 1, 2005, may become participants by expressing such a desire;
2) officers called up for military service from the reserve or enrolled in voluntary for military service from the reserve and concluded the first contract for military service starting from January 1, 2005;
3) warrant officers and midshipmen, the total duration of military service under the contract of which will be three years starting from January 1, 2005, while these persons who entered into the first contracts for military service before January 1, 2005, may become participants by expressing such a desire;
4) sergeants and foremen, soldiers and sailors who have entered into a second contract for military service not earlier than January 1, 2005, who have expressed a desire to become participants in the accumulative mortgage system;
5) persons who graduated from the military educational institutions vocational education in the period after January 1, 2005 to January 1, 2008 and who received the first military rank of an officer in the process of training, can become participants by expressing such a desire;
(Clause 5 was introduced by Federal Law No. 324-FZ of December 4, 2007)
6) persons who received the first military rank of an officer in connection with entering military service under a contract for a military position for which the state provides for the military rank of an officer, starting from January 1, 2005, while these persons who received the first military rank of an officer before January 1 2008 may become participants by expressing such a desire;
(Clause 6 was introduced by Federal Law No. 324-FZ of December 4, 2007)
7) military personnel who received the first military rank of officer in connection with their appointment to a military position for which the state provides for the military rank of officer, starting from January 1, 2005, the total duration of military service under the contract is less than three years, while these persons who received the first military rank of an officer before January 1, 2008, can become participants by expressing such a desire;
8) military personnel who have completed courses for the training of junior officers and in connection with this received the first military rank of officer starting from January 1, 2005, the total duration of military service under the contract is less than three years, while these persons who received the first military rank of officer before January 1, 2008, may become participants by expressing such a desire.
2. The basis for the inclusion of a serviceman by the federal executive body, in which the federal law provides for military service, in the register of participants is:
1) for persons who graduated from military professional educational organizations or military educational organizations of higher education and entered into the first contract for military service after January 1, 2005 - obtaining the first military rank of officer;
(as amended by Federal Law No. 185-FZ of July 2, 2013)
2) for officers called up for military service from the reserve or voluntarily entered military service from the reserve - the conclusion of the first contract for military service;
3) for ensigns and midshipmen who entered into the first contract for military service after January 1, 2005 - the total duration of their military service under the contract is three years;
4) for sergeants and foremen, soldiers and sailors - a written request for their inclusion in the register of participants;
5) for persons who graduated from military professional educational organizations or military educational organizations of higher education starting from January 1, 2005 and who entered into the first contract for military service before January 1, 2005 - a written request for their inclusion in the register of participants;
(as amended by Federal Law No. 185-FZ of July 2, 2013)
6) for ensigns and midshipmen, the total duration of military service under the contract of which will be three years starting from January 1, 2005, if they concluded the first contract for military service before January 1, 2005 - a written request for their inclusion in the register of participants ;
(As amended by Federal Law No. 324-FZ of December 4, 2007)
7) for persons who graduated from military educational institutions of vocational education in the period after January 1, 2005 to January 1, 2008 and received the first military rank of an officer in the process of training - a written request for their inclusion in the register of participants;
(Clause 7 was introduced by Federal Law No. 324-FZ of December 4, 2007)
8) for military personnel who do not have the military rank of an officer and who have received the first military rank of an officer in connection with entering the military service under a contract for a military position for which the state provides for the military rank of an officer, starting from January 1, 2008 - obtaining the first military rank of an officer ;
(Clause 8 was introduced by Federal Law No. 324-FZ of December 4, 2007)
9) for military personnel who do not have the military rank of an officer and who received the first military rank of an officer in connection with entering the military service under a contract for a military position for which the state provides for the military rank of an officer, after January 1, 2005 until January 1, 2008, - in a written request for their inclusion in the register of participants;
(Clause 9 was introduced by Federal Law No. 324-FZ of December 4, 2007)
10) for military personnel who have received the first military rank of an officer in connection with their appointment to a military position for which the state provides for the military rank of an officer, starting from January 1, 2008 - receiving the first military rank of an officer;
(Clause 10 was introduced by Federal Law No. 324-FZ of December 4, 2007)
11) for military personnel who received the first military rank of officer in connection with their appointment to a military position for which the state provides for the military rank of officer, after January 1, 2005 until January 1, 2008 - a written request for their inclusion in the register of participants;
(Clause 11 was introduced by Federal Law No. 324-FZ of December 4, 2007)
12) for military personnel who received the first military rank of an officer in connection with the completion of courses for the training of junior officers starting from January 1, 2008 - the receipt of the first military rank of an officer;
(Clause 12 was introduced by Federal Law No. 324-FZ of December 4, 2007)
13) for military personnel who received the first military rank of officer in connection with the completion of courses for the training of junior officers after January 1, 2005 until January 1, 2008 - a written request for their inclusion in the register of participants;
(Clause 13 was introduced by Federal Law No. 324-FZ of December 4, 2007)
14) for military personnel who voluntarily entered military service from the reserve, if they were excluded from the register of participants and did not receive the payment of funds specified in paragraph 3 of part 1 of Article 4 of this Federal Law, or did not exercise the right to become participants in the accumulation mortgage systems, - the conclusion of a new contract for military service;
(Clause 14 was introduced by Federal Law No. 168-FZ of June 28, 2011)
15) for military personnel who voluntarily entered military service from the reserve, if they were excluded from the register of participants and received the payment of funds specified in clause 3 of part 1 of Article 4 of this Federal Law, the total duration of their military service is twenty years.
(Clause 15 was introduced by Federal Law No. 168-FZ of June 28, 2011)
3. The basis for the exclusion of a serviceman by the federal executive body, in which the federal law provides for military service, from the register of participants is:
1) his dismissal from military service;
2) exclusion of him from the lists of personnel of the military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law or declaring him dead;
3) fulfillment by the state of its obligations to provide a serviceman during the period of military service with residential premises (with the exception of residential premises of a specialized housing stock) in another way provided for by regulatory legal acts of the President of the Russian Federation at the expense of the federal budget.
(Clause 3 was introduced by Federal Law No. 90-FZ of June 25, 2012)
3.1. Military personnel who voluntarily entered military service from the reserve, if they were excluded from the register of participants on the grounds provided for in clause 3 of part 3 of this article, cannot be participants in the accumulative mortgage system.
(Part 3.1 was introduced by Federal Law No. 90-FZ of June 25, 2012)
4. In the event of a transfer of a serviceman from one federal executive body, in which military service is provided for by federal law, to another federal executive body, in which military service is provided for by federal law, information about a participant in the accumulative mortgage system must be transferred to the register of participants in that the federal executive body to which the serviceman has been transferred for further military service.
5. The federal executive body in which a member of the accumulative mortgage system performs military service shall notify the serviceman in writing of his inclusion in the register of members and the opening of a member's personal savings account or his exclusion from the register of participants and the closure of the member's personal savings account. .
Article 10
The basis for the emergence of the right to use the savings recorded on the participant's personal savings account, in accordance with this Federal Law, is:
1) the total duration of military service, including on a preferential basis, twenty years or more;
(Clause 1 as amended by Federal Law No. 324-FZ of December 4, 2007)
2) dismissal of a serviceman whose total duration of military service is ten years or more:
a) upon reaching the age limit for military service;
b) for health reasons - in connection with the recognition of him by the military medical commission as partially fit for military service;
(clause "b" as amended by the Federal Law of 04.12.2007 N 324-FZ)
c) in connection with organizational and staff activities;
d) for family reasons provided for by the legislation of the Russian Federation on military duty and military service;
3) exclusion of a participant in the accumulative mortgage system from the lists of personnel of a military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law, or declaration of his death;
4) dismissal of a serviceman for health reasons - in connection with his recognition by the military medical commission as unfit for military service.
(Clause 4 was introduced by Federal Law No. 324-FZ of December 4, 2007)
Article 11. Rights and obligations of participants in the accumulation mortgage system
1. A participant in the accumulative mortgage system has the right to:
1) use the funds specified in Clauses 1 and 3 of Part 1 of Article 4 of this Federal Law for the purpose of acquiring a residential property or residential premises into ownership or for other purposes after the right to use these funds arises;
2) use the targeted housing loan for the purposes provided for by Part 1 of Article 14 of this Federal Law;
3) receive annually from the federal executive body in which he performs military service, information about the funds accounted for in his personal savings account;
4) - 6) have become invalid. - Federal Law of June 28, 2011 N 168-FZ.
2. A participant in the accumulative mortgage system is obliged to:
1) return the provided targeted housing loan in the cases and in the manner determined by this Federal Law;
2) notify the authorized federal body of his decision regarding the funds accumulated in his personal savings account upon dismissal from military service.
3. The receipt by a participant of the funds specified in Part 1 of Article 4 of this Federal Law, or the direction by the authorized federal body to the creditor of the participant of the funds of a targeted housing loan for the purposes provided for in paragraph 2 of Part 1 of Article 14 of this Federal Law, is the fulfillment by the state of its obligations on housing provision soldier.
Article 12
1. In case of exclusion of a participant of the accumulative mortgage system from the lists of personnel of a military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law or declaration of his death, his family members shall have the right to use the funds specified in paragraphs 1 and 3 of part 1 of Article 4 of this Federal Law, for the purpose of acquiring a dwelling or dwellings in ownership or for other purposes. At the same time, the participant's nominal savings account is closed. For the purposes of this Federal Law, family members of a serviceman include:
(as amended by Federal Law No. 168-FZ of June 28, 2011)
1) spouse or spouse;
2) minor children;
3) children over eighteen years of age who became disabled before they reached the age of eighteen;
4) children under the age of twenty-three studying in educational institutions in full-time education;
(as amended by Federal Law No. 185-FZ of July 2, 2013)
5) persons who are dependents of a serviceman.
2. A targeted housing loan received by a participant in the accumulative mortgage system excluded from the lists of a military unit on the grounds specified in paragraph 1 of this article shall be counted towards the obligations of the state to the participant and shall not be returned by members of his family.
3. Family members of a participant in the accumulative mortgage system specified in part 1 of this article and who has used a targeted housing loan to obtain a mortgage credit (loan) may assume its obligations under the said mortgage credit (loan). If the loan agreement (loan agreement) is reissued to the person who has assumed the obligations of the participant, this person receives the right to continue repayment of the mortgage loan (loan) at the expense of accruals to the participant's personal savings account until the date specified in the agreement for the provision of a targeted housing loan for the repayment of obligations under the mortgage loan (loan). In this case, the participant's nominal savings account is closed from the 1st day of the month following the day of the specified date.
Article 13. Opening and closing of registered savings accounts of participants
1. The basis for opening a nominal savings account of a participant is the entry of information about him in the register of participants.
2. After a member of the savings and mortgage system is dismissed from military service and in the cases provided for in Article 12 of this Federal Law, the participant's nominal savings account is closed and his participation in the savings and mortgage system is terminated. The procedure for using the accumulated funds after closing the participant's nominal savings account is determined by the Government of the Russian Federation.
3. In the event that a participant in the accumulative mortgage system acquires housing during the period of military service at the expense of part of the savings using a targeted housing loan and the said loan is repaid upon dismissal of the participant by decision of the federal executive body in which he served in military service, to exclude the participant from the register of participants and on the basis of his report (application) the authorized federal body provides the participant with the balance of cash savings and closes the participant's nominal savings account.
4. In the case provided for in Clause 3 of Part 3 of Article 9 of this Federal Law, as well as in the event that there are no grounds provided for in Clauses 1, 2 and 4 of Article 10 of this Federal Law in the event of early dismissal of a participant in the savings and mortgage system from military service, the personal savings account is closed, and the amount of accumulated contributions and other receipts recorded on the participant's personal savings account is subject to return to the federal budget.
(as amended by Federal Laws No. 324-FZ of 04.12.2007, No. 90-FZ of 25.06.2012)
Chapter 4. USE OF SAVINGS FOR HOUSING
WHEN THE PARTICIPANTS RECEIVE THE SAVINGS AND MORTGAGE SYSTEM
PURPOSE HOUSING LOANS
Article 14
1. After at least three years of participation in the accumulation mortgage system, each participant in the accumulation mortgage system shall have the right to conclude a targeted housing loan agreement with the authorized federal body in order to:
(As amended by Federal Law No. 324-FZ of December 4, 2007)
1) acquisition of residential premises or residential premises, acquisition of a land plot occupied by acquired residential building or a part of a residential building and necessary for their use, on the security of the acquired residential premises or residential premises, the specified land plot, as well as the acquisition of residential premises or residential premises under an agreement on participation in shared construction;
(Clause 1 as amended by Federal Law No. 168-FZ of June 28, 2011)
2) payment of the down payment when acquiring a residential building or residential premises using a mortgage loan (loan), acquiring a land plot occupied by the residential building or part of the residential building being acquired and necessary for their use, paying part of the price of the contract for participation in shared construction using a mortgage loan (loan) and (or) repayment of obligations under a mortgage credit (loan);
(Clause 2 as amended by Federal Law No. 168-FZ of June 28, 2011)
3) has become invalid. - Federal Law of June 28, 2011 N 168-FZ.
2. A standard contract for a targeted housing loan provided to a participant in the accumulation mortgage system, as well as the procedure for registering a mortgage, are approved by the federal executive body authorized by the Government of the Russian Federation.
(as amended by Federal Law No. 160-FZ of July 23, 2008)
3. Targeted housing loan is provided for the period of the participant of the accumulative-mortgage system of military service and is interest-free during this period.
4. size limit target housing loan cannot exceed total amount the estimated total contribution and the income from investing savings for housing provision recorded in the personal savings account on the day of granting the targeted housing loan.
5. A targeted housing loan to repay obligations under a mortgage credit (loan) is provided in accordance with the repayment schedule for this credit (loan), determined by the relevant agreement, but not more than once a month, while the amount of funds provided should not exceed the actual amount of funds, recorded on the participant's personal savings account at the end of the month preceding the next payment.
6. The source of provision of a targeted housing loan to a participant in the savings and mortgage system is the savings for housing provision, accounted for in the participant's personal savings account.
7. From the date of granting the target housing loan, the accounting of income on the participant's personal savings account is carried out based on the balance of savings for housing provision recorded on this account.
8. A targeted housing loan for participation in shared construction is provided if a participant in the accumulative mortgage system submits an agreement for participation in shared construction, and in the case of using credit (borrowed) funds, also a loan agreement (loan agreement). The Government of the Russian Federation has the right to establish additional requirements for an object of shared construction and (or) a developer carrying out shared construction using the funds of a targeted housing loan.
(part eight was introduced by Federal Law No. 324-FZ of December 4, 2007)
9. The funds of a targeted housing loan may be used by a participant in the accumulative mortgage system to pay for the costs associated with the execution of a transaction for the acquisition of a residential building or residential premises, the acquisition of a land plot occupied by a residential building or part of a residential building being acquired and necessary for their use, and ( or) registration of a loan agreement (loan agreement), including a certified mortgage, including payments to the creditor related to the issuance of a loan (loan), payment for services for the selection and design of residential premises or premises, a land plot, payment for the services of an appraiser, as well as expenses for insurance of risks in accordance with the terms of the said contracts or mortgage. Payment for the services and works specified in this article may be made at the expense of the targeted housing loan, provided that the services and works provided comply with the requirements established by the authorized federal body.
(Part nine was introduced by Federal Law No. 324-FZ of December 4, 2007, as amended by Federal Law No. 168-FZ of June 28, 2011)
10. The authorized federal body has the right to establish standards for the provision of a mortgage credit (loan) to participants in the accumulative mortgage system.
(part ten was introduced by Federal Law No. 324-FZ of December 4, 2007)
Article 15
1. The repayment of a targeted housing loan shall be carried out by the authorized federal body if the participant in the accumulative mortgage system who has received the targeted housing loan has the grounds specified in Article 10 of this Federal Law, as well as in the cases specified in Article 12 of this Federal Law.
2. In the event of early dismissal of a participant in the savings and mortgage system from military service, if he does not have the grounds provided for in paragraphs 1, 2 and 4 of Article 10 of this Federal Law, starting from the day of dismissal, interest on a targeted housing loan is accrued at the rate established by the agreement on provision of targeted housing loans. At the same time, the retired participant of the accumulative mortgage system is obliged to return the amounts paid by the authorized federal body in repayment of the targeted housing loan, as well as to pay interest on this loan in monthly installments within a period not exceeding ten years. Interest income on a targeted housing loan is investment income. Interest is accrued on the amount of the balance of the debt on the targeted housing loan.
(As amended by Federal Law No. 324-FZ of December 4, 2007)
3. Target housing loan can be repaid ahead of schedule. If the participant of the accumulative-mortgage system of military service under the contract continues after the repayment of the target housing loan, accruals to the participant’s personal accumulative account are made on a general basis.
Chapter 5. INVESTING SAVINGS FOR HOUSING
Article 16. Permitted assets (investment objects)
1. Housing savings may be placed in the following asset classes:
1) government securities of the Russian Federation;
2) government securities of constituent entities of the Russian Federation;
3) bonds Russian issuers in addition to the securities specified in clauses 1 and 2 of this part;
4) shares of Russian and foreign issuers;
(Clause 4 as amended by Federal Law No. 324-FZ of December 4, 2007)
4.1) Russian depositary receipts;
(Clause 4.1 was introduced by Federal Law No. 324-FZ of December 4, 2007)
5) mortgage-backed securities issued in accordance with the legislation of the Russian Federation;
6) investment shares of shares investment funds, formed in accordance with the legislation of the Russian Federation;
(Clause 6 as amended by Federal Law No. 324-FZ of December 4, 2007)
7) cash in rubles on accounts with credit institutions;
8) deposits in rubles in credit institutions;
9) foreign currency on accounts with credit institutions;
10) certificates of deposit;
(Clause 10 was introduced by Federal Law No. 168-FZ of June 28, 2011)
11) mortgages, the mortgagors of which are participants in the accumulative mortgage system.
(Clause 11 was introduced by Federal Law No. 168-FZ of June 28, 2011)
2. It is not allowed to place savings for housing provision in investment objects that are not provided for by this Federal Law.
3. Housing savings cannot be used for:
1) the acquisition of securities, the issuers of which are management companies, brokers, credit and insurance organizations, a specialized depository and auditors with whom service agreements have been concluded;
2) the acquisition of securities of issuers in respect of which pre-trial resolution measures are being taken, or an insolvency (bankruptcy) procedure has been introduced (supervision, financial recovery, external management, bankruptcy proceedings), or such a procedure has been applied over the past two years.
4. Placement of savings for housing:
1) the assets specified in clause 1 of part 1 of this article are allowed only if they are traded on the securities market or are specially issued by the Government of the Russian Federation for the placement of funds of institutional investors;
2) the assets specified in clauses 2-5 of part 1 of this article are permitted only if they are admitted to public circulation in accordance with Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market";
(Clause 2 as amended by Federal Law No. 324-FZ of December 4, 2007)
3) into the assets specified in Clauses 7-9 of Part 1 of this Article is permitted only in those credit institutions that meet the requirements established by Article 23 of this Federal Law.
5. The management company, acting as a trust manager of savings for housing provision, is entitled, subject to compliance with the requirements established by the regulations of the Central Bank of the Russian Federation aimed at limiting risks, to conclude agreements that are derivative financial instruments.
(as amended by Federal Laws No. 281-FZ of November 25, 2009, No. 251-FZ of July 23, 2013)
6. The Government of the Russian Federation may establish additional restrictions on the investment of savings for housing in certain classes of assets provided for by this Federal Law.
6.1. In order to place savings for housing provision in the assets specified in Clause 8 of Part 1 of this Article, the Central Bank of the Russian Federation shall form lists of credit institutions that meet the requirements provided for by this Federal Law and the regulatory legal acts of the Russian Federation adopted in accordance with it and the regulatory acts of the Central Bank of the Russian Federation. of the Bank of the Russian Federation, and also places the specified lists on its own website in the information and telecommunication network "Internet".
(Part 6.1 was introduced by Federal Law No. 251-FZ of July 23, 2013)
7. In the event of a discrepancy between the composition of the assets that make up the investment portfolio and the requirements established by this Federal Law, other regulatory legal acts, regulatory acts of the Central Bank of the Russian Federation and (or) the investment declaration, which arose as a result of circumstances beyond the control of the management company, the composition of the investment portfolio must be adjusted within the period provided for by Part 10 of Article 27 of this Federal Law. Measures to bring the composition of assets in line with the specified requirements are carried out by the management company in ways that are most consistent with the interests of the participants in the savings and mortgage system.
Article 17
1. Trust management of savings for housing provision (hereinafter referred to as trust management) is carried out on the basis of a trust management agreement.
2. Under a trust management agreement, the authorized federal body transfers savings for housing provision into trust management to a trustee - a management company, and the trustee undertakes to carry out trust management in accordance with this Federal Law in order to ensure the right of participants in the savings and mortgage system to use the savings. A standard trust management agreement is approved by the Central Bank of the Russian Federation.
3. The founder of the trust management is the Russian Federation. On behalf of the Russian Federation, the rights of the founder of trust management are exercised by the authorized federal body. Based on this Federal Law, the beneficiary under the trust management agreement is the Russian Federation represented by the authorized federal body.
4. Funds transferred to the trust management of the management company and investment income do not become the property of the trust manager. Investment income is attributed to the increase in funds transferred to trust management.
5. The trustee shall have the right to dispose of savings for housing provision solely for the purpose of implementing this Federal Law and in compliance with the restrictions provided for by it.
6. The object of trust management are savings for housing. The objectives of trust management are to preserve and increase the value of net assets formed from funds transferred to trust management, subject to the interests of participants in the savings and mortgage system.
7. The trustee is obliged to ensure separate accounting of the assets that make up the investment portfolio.
(As amended by Federal Law No. 324-FZ of December 4, 2007)
8. Property held in trust in accordance with a trust management agreement cannot act as security for any obligations of the founder of the trust management, the trust manager or other persons, with the exception of obligations related to the financing of payments provided for by this Federal Law.
9. The trust management agreement must determine the amount and procedure for paying for the services of a specialized depository under an agreement with the authorized federal body, as well as the procedure for reducing the remuneration of the trust manager and the necessary expenses for investing savings for housing provision in relation to the value of net assets held in trust management, according to as the savings for housing provision transferred to trust management increase.
10. The trust management agreement is concluded for a period of three years with the right to extend it. The procedure and conditions for extending the agreement are established by the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
11. The trust manager carries out trust management personally.
12. The trust management agreement, in addition to the cases provided for by the Civil Code of the Russian Federation, is terminated due to:
1) suspension of the license issued to the management company for the management of investment funds, mutual investment funds and non-state pension funds or cancellation of such a license;
2) introduction of an insolvency (bankruptcy) procedure in relation to the management company (supervision, financial rehabilitation, external management, bankruptcy proceedings);
3) making a decision to liquidate the management company.
13. The trust management agreement is terminated from the date of adoption of the relevant decision or, if such a decision is made by a court, from the date such decision enters into legal force.
14. The authorized federal body is obliged to cancel the trust management agreement in the event of:
1) non-compliance of the management company with the requirements established by Part 1 of Article 20 of this Federal Law, with the exception of the requirement for a license to carry out activities for the management of investment funds, mutual investment funds and non-state pension funds and the requirement for liability insurance in accordance with Article 31 of this Federal Law ;
2) violation by the management company of the requirements for the composition of assets in which savings for housing provision can be invested, if such a violation arose as a result of the actions of the management company;
3) violation by the management company of the requirements established by Parts 5 and 6 of Article 25 of this Federal Law;
3.1) violation by the management company of the obligation established by Clause 3.1 of Part 2 of Article 20 of this Federal Law;
(Clause 3.1 was introduced by Federal Law No. 168-FZ of June 28, 2011)
4) repeated within one year violation by the management company of the procedure and terms for adjusting the total investment portfolio;
5) repeated violations during the year for more than 10 business days of the deadlines for the management company to submit reports and other information to the authorized federal body or the Central Bank of the Russian Federation;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
6) repeated during the year violation by the management company of the deadlines for transferring copies to a specialized depository primary documents in relation to property constituting savings for housing;
7) failure by the management company, within 10 working days, of operations related to the investment of savings for housing, on the grounds provided for by Part 7 of Article 31 of this Federal Law.
(Part fourteen as amended by Federal Law No. 324-FZ of December 4, 2007)
15. The term provided for by the trust management agreement for notification by the authorized federal body of the management company of the refusal of the specified agreement may not exceed seven days before the day of its termination.
16. Upon termination of the trust management agreement, the assets that were in trust management under the relevant agreement shall be subject to transfer to trust management in the manner and terms determined by the Central Bank of the Russian Federation.
(as amended by Federal Laws No. 324-FZ of 04.12.2007, No. 251-FZ of 23.07.2013)
17. The number of management companies with which the authorized federal body has entered into trust management agreements must be at least two for each investment mandate. If the number of management companies under one investment mandate is less than two, a competition is held for this investment mandate in accordance with this Federal Law.
(Part seventeen as amended by Federal Law No. 324-FZ of 04.12.2007)
Article 18
1. Provision of services for the storage of securities certificates in documentary form and accounting of rights to securities in which housing savings are invested, as well as control over the disposal of these savings by a specialized depository is carried out on the basis of an agreement on the provision of services of a specialized depository to an authorized federal body and agreements on the provision of services of a specialized depository to management companies.
2. Under an agreement on the provision of services of a specialized depository to an authorized federal body, the specialized depository, for the fee established by the specified agreement in accordance with this Federal Law, undertakes to provide the services of a specialized depository to the authorized federal body, and the authorized federal body undertakes to accept and pay for such services in the manner established by Articles 17 and 19 of this Federal Law. The amount of payment for the services of a specialized depository in relation to the value of net assets held in trust by management companies that have concluded agreements with a specialized depository is subject to decrease as the accumulation for housing provision transferred to trust management by management companies increases.
3. The term of contracts for the provision of services of a specialized depository is five years. The term of the said agreements concluded within the first two years from the date of entry into force of this Federal Law is two years.
4. A standard agreement on the provision of services of a specialized depository to an authorized federal body is approved by the Central Bank of the Russian Federation.
(as amended by Federal Laws No. 160-FZ of 23.07.2008, No. 251-FZ of 23.07.2013)
5. An agreement on the provision of services of a specialized depository to an authorized federal body must provide for provisions establishing:
1) the procedure for the fulfillment by the specialized depository of the obligations established by this Federal Law, and the liability of the specialized depository for failure to fulfill these obligations;
2) the amount and procedure for payment by management companies for the services of a specialized depository provided to the authorized federal body;
3) the grounds and procedure for changing and early termination of the contract;
4) the responsibility of the specialized depository for the compliance of the specialized depository with additional requirements established by the Central Bank of the Russian Federation during the term of the agreement;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
5) the term of the contract;
6) other provisions provided for standard contract on the provision of services of a specialized depository.
6. An agreement on the provision of services of a specialized depository to an authorized federal body is terminated due to:
1) suspension of the license issued to a specialized depository to carry out depositary activities or a license to carry out the activities of a specialized depository of investment funds, unit investment funds and non-state pension funds or cancellation of such licenses;
2) introduction of an insolvency (bankruptcy) procedure in relation to a specialized depository (supervision, financial rehabilitation, external management, bankruptcy proceedings);
3) making a decision on the liquidation of a specialized depository;
4) refusal of the authorized federal body from the specified contract.
7. The contract for the provision of services of a specialized depository to the authorized federal body is terminated from the date of the adoption of the relevant decision or, if such a decision is made by a court, from the date such decision enters into legal force.
8. The authorized federal body is obliged to renounce the contract for the provision of services of a specialized depository to the authorized federal body if the specialized depository does not meet the requirements established by Article 21 of this Federal Law, as well as in the event of repeated violation by it of the procedure and terms for notifying the authorized federal body or the Central Bank of the Russian Federation on violations revealed in the course of carrying out activities in accordance with the specified agreement. The authorized federal body notifies the specialized depository of the withdrawal from the contract for the provision of services of the specialized depository to the authorized federal body at least seven days before the date of termination of the contract.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
9. The procedure for the transfer of securities and documents to a new specialized depository in the event of termination (cancellation) of the agreement on the provision of services of a specialized depository to an authorized federal body and (or) management companies is determined by the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Article 19
1. Storage of certificates of securities in documentary form and accounting of rights to securities in which savings for housing provision are invested are carried out by a specialized depository on the basis of agreements on the provision of services to management companies. Agreements on the provision of services of a specialized depository to management companies are concluded between a specialized depository, with which the authorized federal body has concluded an agreement on the provision of services of a specialized depository, and management companies.
2. A standard agreement on the provision of services of a specialized depository of the management company is approved by the Central Bank of the Russian Federation.
(as amended by Federal Laws No. 160-FZ of 23.07.2008, No. 251-FZ of 23.07.2013)
3. An agreement on the provision of services of a specialized depository to management companies should establish the procedure for the specialized depository to carry out depository activities, the amount and procedure for payment by management companies for the services of a specialized depository, the procedure for payment by management companies for the services of a specialized depository rendered to an authorized federal body under an agreement concluded by a specialized depository and an authorized federal body in accordance with this Federal Law, as well as other provisions provided for by the standard agreement on the provision of services of a specialized depository to management companies.
Article 20. Management company
1. Only management companies selected by the results of a tender that have licenses to manage investment funds, mutual investment funds and non-state pension funds, that have insured liability in accordance with Article 31 of this Federal Law, and that comply with those established by the Central Bank, are allowed to manage savings for housing provision. of the Russian Federation on the sufficiency of their own funds, who are not affiliated persons of the specialized depository or its affiliates, who have adopted a code of professional ethics in accordance with the requirements of this Federal Law and have concluded service agreements with the specialized depository in accordance with Article 19 of this Federal Law. At the same time, the shareholders (participants) of the management company exercising trust management cannot include organizations registered in foreign states in which a favorable tax regime and (or) disclosure and provision of information during the financial transactions, or on the territory of the Russian Federation, where a special tax regime is provided (offshore zones).
(as amended by Federal Law No. 251-FZ of July 23, 2013)
2. The management company is obliged:
1) invest savings for housing in the interests of participants in the savings mortgage system;
2) bear the responsibility established by this Federal Law and the trust management agreement for the compliance of investment of savings for housing provision with the requirements of this Federal Law;
3) invest savings for housing provision based on the need to ensure the principles of reliability, liquidity, profitability and diversification;
4) carry out transactions with savings for housing under the control of a specialized depository;
5) terminate contracts brokerage service and take measures to claim funds if brokers involved in transactions with housing savings cease to meet the requirements of this Federal Law and the regulations of the Central Bank of the Russian Federation;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
6) terminate agreements with credit institutions, close accounts and take measures to collect funds in the event that credit institutions no longer meet the requirements of this Federal Law;
7) regularly calculate the current market value and the value of net assets held in trust management in accordance with the regulations of the Central Bank of the Russian Federation;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
8) to exercise the rights certified by securities in which savings for housing provision are invested in the interests of participants in the savings and mortgage system;
9) sell securities held in trust management, as a rule, at a price not lower than the market price, as well as buy securities, as a rule, at a price not higher than the market price. For the purposes of this Federal Law, the market price means the price determined in accordance with the procedure established by the Central Bank of the Russian Federation. A report on transactions carried out with a deviation from market prices is submitted to the Central Bank of the Russian Federation and the authorized federal body. The form of the report is established by the Central Bank of the Russian Federation;
(as amended by Federal Laws No. 324-FZ of 04.12.2007, No. 251-FZ of 23.07.2013)
10) transfer to the authorized federal body savings for housing in accordance with the forecast of the need for housing provided by the authorized federal body; cash for payments from savings for housing and a trust management agreement;
11) disclose, in accordance with Clause 2, Part 7, Article 24 of this Federal Law, information on the composition of shareholders (participants) of the management company and on their shares in the capital, as well as on affiliated persons. The terms and procedure for submitting the said information to the authorized federal body shall be established by the trust management agreement;
12) comply with the code of professional ethics;
13) hold annually audit financial (accounting) reporting;
14) submit to the authorized federal body and the Central Bank of the Russian Federation a report on the investment of savings for housing provision and a report on investment income in the manner and within the time limits established by the trust management agreement;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
15) inform the authorized federal body about the suspension of the license or about the cancellation of the license, about changes in the constituent documents of the management company, the composition of shareholders (participants), the management team, the composition of the employees of the management company that ensure the investment of savings for housing provision, and the composition of affiliated persons in the manner and within the terms established by the trust management agreement;
16) to make transactions with securities specified in Clauses 2-5 of Part 1 of Article 16 of this Federal Law at the expense of savings for housing security, only at organized auctions;
(As amended by Federal Law No. 327-FZ of November 21, 2011)
17) transfer to a specialized depository for accounting and (or) storage assets in which savings for housing provision are invested, unless otherwise provided for by the regulatory legal acts of the Russian Federation for certain types of property;
18) transfer to a specialized depository copies of all primary documents in respect of assets in which savings for housing provision are invested no later than the business day following the day they were drawn up or received;
19) develop and comply with the internal regulations for transactions with savings for housing, which determines:
a) the procedure for making and implementing decisions on investing savings for housing;
b) the procedure for exercising control over risks when making transactions for investing savings for housing;
c) the procedure for exercising control over the use and safety of savings for housing, transferred to the trust management of the management company;
d) the procedure for organizing document circulation in the management company, as well as between the management company and the specialized depository;
e) the procedure for ensuring the protection of official information on transactions for investing savings for housing provision from unauthorized access;
20) comply with other requirements provided for by this Federal Law, other federal laws, regulatory legal acts of the Russian Federation and regulatory acts of the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Article 21. Specialized depository
1. The provision of services for the storage of certificates of securities in documentary form and accounting for rights to securities in which savings for housing are invested, transferred to trust management of management companies, as well as control over the disposal of these savings can only be carried out by a specialized depository selected based on the results of the competition who has a license to carry out depositary activities and a license to carry out the activities of a specialized depository of investment funds, unit investment funds and non-state pension funds, who has insured liability in accordance with Article 31 of this Federal Law, that meets the requirements established by the Central Bank of the Russian Federation for the sufficiency of own funds in relation to the volume of serviced assets, which is not an affiliate of any of the asset management companies or their affiliates and has accepted ii code of professional ethics that meets the requirements of this Federal Law. At the same time, the shareholders (participants) of a specialized depository cannot include organizations registered in foreign countries that provide a favorable tax regime and (or) do not provide for the disclosure and provision of information when conducting financial transactions, or on the territory of the Russian Federation, where special tax regime (offshore zones).
(as amended by Federal Law No. 251-FZ of July 23, 2013)
2. A specialized depository is obliged to:
1) be jointly and severally liable with the management company that has entered into a trust management agreement in case of failure to fulfill the obligations provided for by this article;
2) open a separate depo account in the name of each management company with which an agreement on the provision of services of a specialized depository has been concluded, in order to account for the rights to securities acquired at the expense of savings for housing security;
3) keep records of the rights to securities acquired as a result of investing savings for housing provision, and record the transfer of rights to such securities, as well as the custody of securities certificates, unless otherwise provided for by the regulatory legal acts of the Russian Federation for certain types of securities;
4) accept and store copies of all primary documents in relation to savings for housing, transferred by the authorized federal body for trust management to management companies;
5) notify the authorized federal body, the Central Bank of the Russian Federation and the management company of violations identified in the process of exercising control no later than one business day following the day they are discovered;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
6) inform the authorized federal body about the suspension of the license or its revocation, about changes in the constituent documents, the composition of shareholders (participants), the management team, the composition of the employees of the specialized depository providing the services of the specialized depository to the authorized federal body and management companies, and the composition of affiliated persons of the specialized depository in the manner and within the time limits established by the agreement on the provision of services of a specialized depository;
7) has expired. - Federal Law of June 29, 2015 N 210-FZ;
8) ensure the transfer of their rights and obligations in respect of savings for housing, formed in accordance with this Federal Law, to another specialized depository in the event of termination of the agreement on the provision of services of a specialized depository to the authorized federal body or management companies in the manner and within the time limits established by the specified contract;
9) submit to the management company, the authorized federal body and the Central Bank of the Russian Federation reports on the performance of transactions, types and market value of securities accounted for in accordance with agreements on the provision of services of a specialized depository to the authorized federal body and the management company, in the form and within the time limits, which are established by the Central Bank of the Russian Federation;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
10) submit to the authorized federal body and the Central Bank of the Russian Federation information on the value of net assets held in trust on the basis of trust management agreements with management companies, in the manner and within the time limits established by the agreement on the provision of services of a specialized depository;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
11) not combine activities as a specialized depository with other licensed activities, with the exception of depository or banking, with depository activities, which are related to the conduct of depositary operations on the basis of agreements with the organizers of trade and (or) a clearing organization under contracts with securities concluded at organized trading;
(Clause 11 as amended by Federal Law No. 327-FZ of November 21, 2011)
12) disclose, in accordance with paragraph 2 of part 7 of Article 24 of this Federal Law, information on the composition of shareholders (participants) and their shares in the capital, as well as on affiliated persons. The terms and procedure for submitting the said information to the authorized federal body shall be established by the agreement on rendering the services of a specialized depository to the authorized federal body;
13) comply with the code of professional ethics;
14) annually conduct an audit of financial (accounting) statements;
15) exercise control over the compliance of the activities related to the disposal of savings for housing provision, transferred by the authorized federal body for trust management to management companies, with the requirements of this Federal Law, other regulatory legal acts, regulations of the Central Bank of the Russian Federation and the investment declaration of the management company;
16) exercise control over the determination of the value of net assets held in trust by management companies;
17) exercise control over the transfer by management companies to the authorized federal body of funds for the use by participants of the savings and mortgage system;
18) comply with other requirements provided for by this Federal Law, other federal and other regulatory legal acts of the Russian Federation, regulations of the Central Bank of the Russian Federation and relevant agreements with the authorized federal body and management companies.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Article 22
1. To carry out transactions with housing savings, a broker must meet the following requirements:
1) have at least five years of experience in brokering activities in the securities market, have a license as a professional participant in the securities market;
2) comply with the requirements established by the Central Bank of the Russian Federation on the sufficiency of own funds for professional participants in the securities market engaged in brokerage activities, and comply with other requirements established by the Central Bank of the Russian Federation that limit risks in transactions with securities;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
3) be a participant in organized trading;
(Clause 3 as amended by Federal Law No. 327-FZ of November 21, 2011)
4) adopt and comply with a code of professional ethics that meets the requirements of this Federal Law.
2. An organization shall not be admitted to a housing savings business as a broker if:
1) the organization was subject to insolvency (bankruptcy) procedures (supervision, financial recovery, external management, bankruptcy proceedings) or sanctions in the form of suspension of the license of a professional participant in the securities market or cancellation of such a license within the last two years;
2) the organization had losses as a result of one of the two recent years or as of the last reporting date;
3) the organization is an affiliate of the management company or its affiliates, an affiliate of a specialized depository or its affiliates.
3. A broker carrying out transactions with housing savings must:
1) open a separate bank account (special brokerage account) in a credit institution that meets the requirements established by Article 23 of this Federal Law to account for the funds received by the broker in accordance with the agreement concluded with the management company;
2) keep separate records of funds received from the management company.
4. The broker is not entitled to use in his own interests the savings for housing, received from the management company and accounted for in a separate bank account (special brokerage account).
Article 23
(as amended by Federal Law No. 251-FZ of July 23, 2013)
1. Credit institutions that carry out transactions with funds when investing savings for housing provision and paying out savings for housing provision, including the placement of funds on deposits, must meet the requirements established by the legislation of the Russian Federation for credit institutions- system participants compulsory insurance deposits individuals in banks of the Russian Federation. This provision shall not apply when opening accounts with credit institutions acting as settlement centers of trade organizers.
2. The Central Bank of the Russian Federation shall have the right to establish additional requirements for credit institutions in which housing savings are placed.
Article 24
1. An agreement on the provision of services of a specialized depository to an authorized federal body and trust management agreements are concluded between the authorized federal body and a specialized depository, trustees based on the results of tenders.
(as amended by Federal Law No. 396-FZ of December 28, 2013)
2. The holding of tenders specified in Part 1 of this Article shall be carried out in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and subject to the requirements of this Federal Law.
(as amended by Federal Laws No. 19-FZ of February 2, 2006, No. 396-FZ of December 28, 2013)
3. The authorized body is allowed to participate in the tender for the conclusion of an agreement on the provision of services of a specialized depository to a specialized depository that has received, in the prescribed manner, a license to carry out depositary activities and a license to carry out the activities of a specialized depository of investment funds, unit investment funds and non-state pension funds, if it complies with at the time of the competition, the provisions established by Part 1 and Clause 11 of Part 2 of Article 21 of this Federal Law, and it was not subject to insolvency (bankruptcy) procedures (supervision, financial rehabilitation, external management, bankruptcy proceedings) or sanctions in the form of suspension of the license for carrying out depository activities or a license to carry out the activities of a specialized depository of investment funds, mutual funds and non-state pension funds or cancellation of the indicated licenses during the last two years prior to the application for participation in the competition.
4. A management company that has received, in accordance with the established procedure, a license to manage investment funds, unit investment funds and non-state pension funds, is allowed to participate in the tender for concluding a trust management agreement, if at the time of the tender it is not an affiliated person of a specialized depository or its affiliated persons and it was not subject to insolvency (bankruptcy) procedures (supervision, financial recovery, external management, bankruptcy proceedings) or sanctions in the form of suspension of the said license or its cancellation within the last two years prior to filing an application for participation in the competition.
5. The terms of the tender for the conclusion of trust management agreements must specify the investment mandate. The investment mandate may include both all classes or types of assets permitted in accordance with this Federal Law, as well as individual classes or types of permitted assets that may be included in the investment declaration of the management company.
(as amended by Federal Law No. 168-FZ of June 28, 2011)
6. The list of requirements for bidders must contain:
1) a requirement providing that the participant of the competition has professional experience in carrying out activities as a management company (specialized depository) of investment funds, mutual investment funds or non-state pension funds;
2) requirement for minimum size assets managed by the management company for tender participants from among the management companies;
3) the requirement for the minimum equity capital of the management company (specialized depository);
4) the requirement for the minimum number of clients in respect of which the services of the management company (specialized depository) are provided;
5) requirements for professional qualifications and minimum work experience of employees of the management company (specialized depository);
6) other requirements established by the Central Bank of the Russian Federation in the regulations on the procedure and conditions for holding tenders.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
7. An application for participation in the tender must comply with the requirements established by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs." Simultaneously with applications for participation in the competition, participants in the competition are required to submit the following information and documents to the authorized federal body:
(as amended by Federal Laws No. 324-FZ of 04.12.2007, No. 396-FZ of 28.12.2013)
1) certified by the auditor balance sheet and a profit and loss account for the last three years preceding the application for participation in the competition;
2) a list of information about shareholders (participants), including shareholders (participants) of shareholders (participants), and other affiliated individuals and legal entities, certified by the head of the tender participant, including:
a) full name and location (address) of a shareholder (participant) - a legal entity, last name, first name, patronymic, citizenship and place of residence (address) of a shareholder (participant) - an individual;
b) the date and number of the certificate of state registration a legal entity, as well as a certificate of registration with a tax authority;
c) data on changes in the name and legal form of the organization;
d) last name, first name, patronymic and place of residence (address) of the head of the executive body or the sole head of the organization;
e) the size of the share of the relevant shareholder (participant) in the authorized (share) capital of the tender participant;
f) information about shareholders (participants) of shareholders (participants) (whose share in the authorized (share) capital of the organization exceeds 5 percent), containing the full name or surname, first name and patronymic, taxpayer identification number, location or place of residence (address) of each of shareholders (participants), as well as the size of their share in the authorized (share) capital;
3) other documents determined by the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
8. To conclude an agreement on the provision of services of a specialized depository, one specialized depository is selected based on the results of the competition.
9. The number of management companies selected based on the results of a tender for concluding trust management agreements is established by the terms of the tender. According to the results of the first competition since the date of entry into force of this Federal Law, at least three management companies are selected for concluding trust management agreements. If, as a result of the next competition, the total number of management companies with which trust management agreements have been concluded, and management companies that are allowed to conclude these agreements based on the results of this competition, turns out to be less than three, an additional competition is held with adjustment of the selection criteria.
10. The proportion in which housing savings intended for transfer to trust management will be distributed among management companies with which trust management agreements are concluded based on the results of the competition, as well as the criteria for determining it are specified in the conditions of the competition.
11. A specialized depository that has entered into an agreement on the provision of services of a specialized depository with pension fund Russian Federation.
12. A management company or a specialized depository is not allowed to participate in the tender if the authorized federal body has refused to conclude an agreement with the said management company or a specialized depository on the grounds provided for, respectively, in Parts 12 and 14 of Article 17 and Parts 6 and 8 of Article 18 of this Federal Law , and less than two years have passed since such a refusal.
13. The conditions and terms for holding tenders for concluding an agreement on the provision of services of a specialized depository to an authorized federal body and trust management agreements, the criteria and procedure for determining the aggregate weighted assessment (rating) of a specialized depository and a management company are established by the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Article 25
1. Accumulations for housing provision for the purpose of transfer to management companies are formed from accumulation contributions and other accumulations for housing provision on the grounds provided for by this Federal Law, with the exception of funds that, in accordance with the approved annual financial plan of the authorized federal body are sent to it for targeted use by participants in the savings and mortgage system at the expense of savings for housing provision within three months following the day the authorized federal body receives funded contributions and other savings for housing provision.
2. In order to carry out operations with savings for housing provision, the management company shall be obliged to open a separate bank account (separate bank accounts) in a credit institution that meets the requirements of Article 23 of this Federal Law. The funds held on the specified account (accounts) cannot be levied on the obligations of the authorized federal body, specialized depository or management company that is not related to the intended use by participants of the savings and mortgage system of savings for housing provision.
3. The transfer of savings for housing provision formed in the manner established by part 1 of this article is carried out by the authorized federal body by transferring them to a separate bank account (separate bank accounts) of management companies in the manner and within the time limits established by trust management agreements.
4. The subjects of relations on the formation and investment of savings for housing provision, other persons involved in the process of investing savings for housing provision, are not entitled to:
1) receive on the terms of loan agreements or loan agreements cash or other property subject to return from savings for housing;
2) to credit to a separate bank account (separate bank accounts) for carrying out transactions with housing provision savings, funds that are not housing provision savings.
5. When carrying out operations with savings for housing provision, management companies shall not be entitled to:
1) write off (withdraw) funds from a separate bank account (separate bank accounts) to carry out transactions with housing savings for other purposes than those established by this Federal Law, and without the prior consent of a specialized depository;
2) alienate savings for housing provision free of charge;
3) provide loans at the expense of savings for housing;
4) purchase securities from its affiliates at the expense of savings for housing;
5) acquire ownership of securities included in the investment portfolio;
6) to acquire at the expense of savings for housing security securities owned by the management company;
7) sell securities included in the investment portfolio to shareholders (participants) of the management company.
6. When investing savings for housing, management companies are not entitled to make margin transactions.
Article 26. Investment declaration of the management company
(as amended by Federal Law No. 168-FZ of June 28, 2011)
1. Requirements for the purpose of investing savings for housing, the composition and structure of the investment portfolio are determined in the investment declaration of the management company.
2. The investment declaration of the management company must contain:
1) an indication of the purpose of investing savings for housing and a description of the investment policy of the management company in relation to the funds transferred to trust management;
2) a list of investment objects (types of assets) that the management company has the right to acquire at the expense of savings for housing provision transferred to it for trust management by the federal authorized body;
3) a description of the risks associated with investing in investment objects (types of assets) that the management company has the right to acquire at the expense of savings for housing provision transferred to it for trust management by the federal authorized body;
4) the structure of the investment portfolio.
(Clause 4 as amended by Federal Law No. 168-FZ of June 28, 2011)
3. Has expired. - Federal Law of June 28, 2011 N 168-FZ.
4. The investment declaration of the management company is approved by the management company and submitted to the authorized federal body within the time period established by the trust management agreement, and in the case provided for by Clause 3.1 of Part 2 of Article 20 of this Federal Law, within the time period established by the authorized federal body.
(Part 4 as amended by Federal Law No. 168-FZ of June 28, 2011)
5. The structure of the investment portfolio can be defined in the form of an investment index. In this case, the index according to which the investment is made must be approved by the Central Bank of the Russian Federation. Features of managing an investment portfolio, the structure of which is determined in the form of an investment index, as well as features of an investment declaration, are established by a trust management agreement.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Article 27. Requirements for the structure of the total investment portfolio and requirements for the structure of the investment portfolio
1. The structure of the total investment portfolio must meet the following basic requirements:
1) the maximum share of securities of one issuer or a group of related issuers in the total investment portfolio must not exceed 10 percent, except for government securities of the Russian Federation;
(As amended by Federal Law No. 324-FZ of December 4, 2007)
2) - 3) have become invalid. - Federal Law of June 28, 2011 N 168-FZ;
4) the maximum share in the total investment portfolio of shares of one issuer should not exceed 10 percent of its capitalization;
5) the maximum share in the total investment portfolio of bonds of one issuer shall not exceed 10 percent of the total volume of bonds of this issuer in circulation, with the exception of government securities of the Russian Federation;
6) government securities of the Russian Federation of one issue must not exceed 30 percent of the government securities of the Russian Federation of this issue in circulation at their nominal value and 10 percent of the total investment portfolio;
7) has expired. - Federal Law of June 28, 2011 N 168-FZ.
2. Has expired. - Federal Law of June 28, 2011 N 168-FZ.
3. The maximum share in the total investment portfolio of individual asset classes is determined by the Government of the Russian Federation.
4. The minimum share in the total investment portfolio of assets with a high degree of liquidity is established by the Central Bank of the Russian Federation in accordance with the forecast of the need for funds for payments from housing savings.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
5. The maximum share in the total investment portfolio of securities of foreign issuers and Russian depositary receipts must not exceed 30 percent.
(part five as amended by Federal Law No. 324-FZ of 04.12.2007)
6. When investing funds in government securities of the Russian Federation, the management company, during the initial placement of bonds, cannot apply for more than 25 percent of the volume of this issue of bonds declared by the issuer at their nominal value.
7. If during the initial placement of any issue of government securities of the Russian Federation the actual share of the securities acquired by the management company exceeds the limit established by clause 6 of part 1 of this article, it shall not have the right to purchase additional government securities of the Russian Federation of this issue until as long as its share does not meet the requirements of paragraph 6 of part 1 of this article.
8. The investment portfolio is valued at market value. The volume of bonds in circulation in accordance with the requirements established by part 1 of this article is calculated based on the nominal value of the bonds.
9. Control over compliance with the requirements for the composition and structure of investment portfolios and the total investment portfolio is carried out by a specialized depository.
(Part nine as amended by Federal Law No. 324-FZ of December 4, 2007)
10. In case of violation of the requirements for the maximum share of a certain class of assets in the structure of the investment portfolio, arising from a change in the market value of securities or their volume in circulation, as a result of the transfer by the management company of the securities that made up the investment portfolio to another management company, or for other reasons, not related to the actions of the management company, it is obliged to adjust the structure of assets in accordance with the requirements for the structure of the investment portfolio within six months from the date of discovery of the said violation.
(As amended by Federal Law No. 324-FZ of December 4, 2007)
11. In case of violation of the requirements for the maximum share of a certain class of assets in the structure of the investment portfolio as a result of the actions of the management company, it is obliged to eliminate the violation within thirty days from the date of discovery of the said violation and compensate the authorized federal body for the damage caused as a result of deviation from the established structure of assets and transactions committed to adjust the structure of assets.
(As amended by Federal Law No. 324-FZ of December 4, 2007)
12. The procedure for adjusting the total investment portfolio is established by the Government of the Russian Federation.
(Part twelve was introduced by Federal Law No. 324-FZ of December 4, 2007)
13. The structure of the investment portfolio is determined by the authorized federal body subject to the requirements of this article.
(Part 13 was introduced by Federal Law No. 168-FZ of June 28, 2011)
Article 28. Payment of the necessary expenses for investing savings for housing
1. Payment of the necessary expenses for investing savings for housing provision shall be made from such savings.
2. The amount of payment for the services of a specialized depository rendered by it to the authorized federal body and management companies, as well as the procedure and terms for accruing and withholding (payment) of remuneration and the amount of payment for the services of a specialized depository are determined by the trust management agreement, the agreement on the provision of services of a specialized depository to the authorized federal body, respectively. and an agreement on the provision of services of a specialized depository to management companies.
(as amended by Federal Laws No. 324-FZ of 04.12.2007, No. 168-FZ of 28.06.2011)
2.1. The amount of remuneration for the management company under one trust management agreement is equal to the amount of 0.05 percent of the amount of savings for housing provision (hereinafter referred to as the basic part of the remuneration) and 1 percent of the positive financial result from investing savings for housing provision received in the reporting year (hereinafter referred to as the financial result), if the yield does not exceed the average annual refinancing rate of the Central Bank of the Russian Federation for the reporting year (hereinafter referred to as the average annual refinancing rate). If the yield exceeds the average annual refinancing rate, the amount of the management company's remuneration under one trust management agreement is equal to the sum of the base part of the remuneration, 1 percent of the base financial result and 10 percent of the amount by which the positive financial result exceeds the base financial result.
(Part 2.1 was introduced by Federal Law No. 168-FZ of June 28, 2011)
2.2. The amount of savings for housing for the purpose of calculating the amount of remuneration for the management company in accordance with paragraph 2.1 of this article is calculated based on:
1) the value of the net assets of the investment portfolio, calculated at the beginning of the reporting year or, if the trust management agreement is concluded in the current year, as of the date of conclusion of the said agreement;
2) the amount of savings for housing provision transferred by the authorized federal body to the investment portfolio in the current year, less the amount of savings for housing provision transferred in the current year from the investment portfolio to the authorized federal body or a person indicated by it.
(Part 2.2 was introduced by Federal Law No. 168-FZ of June 28, 2011)
2.3. The procedure for calculating the financial result in order to calculate the amount of remuneration for the management company in accordance with Part 2.1 of this article is established by the Central Bank of the Russian Federation.
(Part 2.3 was introduced by Federal Law No. 168-FZ of June 28, 2011, as amended by Federal Law No. 251-FZ of July 23, 2013)
3. The basic financial result for the purpose of calculating the amount of the management company's remuneration in accordance with paragraph 2.1 of this article is calculated on the basis of the average annual refinancing rate and the amount of savings for housing provision.
(Part 3 as amended by Federal Law No. 168-FZ of June 28, 2011)
3.1. If at the end of the reporting year the financial result turned out to be negative, the basic part of the remuneration received by the management company during the reporting year is subject to return to the investment portfolio in the amount of the specified financial result, but not more than 50 percent of the received basic part of the remuneration.
(Part three.1 was introduced by Federal Law No. 324-FZ of 04.12.2007, as amended by Federal Law No. 168-FZ of 28.06.2011)
4. The total expenses for paying the necessary expenses of management companies cannot exceed 1 percent average cost net assets held in trust by management companies under the relevant agreements for the reporting year, including payment for the services of a specialized depository under agreements with the authorized federal body and management companies cannot exceed 0.08 percent of the average value of net assets calculated in this way, increased by the amount of actual expenses incurred by the specialized depository in connection with the accounting of the rights to securities, in which the savings for housing provision are invested, on the depo accounts of the nominee holder.
(As amended by Federal Law No. 324-FZ of December 4, 2007)
5. Necessary expenses for investing savings for housing provision include expenses that are directly related to the trust management of funds transferred to management companies, as well as expenses for paying for the services of a specialized depository provided by it to the authorized federal body and management companies, paying for the services of auditors in accordance with the provisions Article 29 of this Federal Law, payment for the services of insurers under liability insurance contracts in accordance with the provisions of Article 31 of this Federal Law and payment for the services of other participants in relations for the formation and investment of savings for housing provision.
6. Savings for housing provision cannot be used for the maintenance of the authorized federal body.
7. Has expired. - Federal Law of June 28, 2011 N 168-FZ.
8. When reflecting the amount of savings for housing provision on the registered savings accounts of the participants, the specified amount is adjusted taking into account the expenses specified in part 1 of this article.
Article 29. Requirements for the audit of legal entities participating in the accumulation mortgage system
1. Financial (accounting) reporting on the formation and investment of savings for housing provision of management companies, as well as financing of the targeted use of savings for housing provision, is subject to mandatory audit.
2. Financial (accounting) statements of a specialized depository in the exercise of its function of monitoring the compliance of activities on the disposal of management companies with savings for housing provision with the requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, regulations of the Central Bank of the Russian Federation, investment declarations management companies, as well as other functions, stipulated by the agreement on the provision of services of a specialized depository to the authorized federal body and an agreement on the provision of services of a specialized depository to management companies is subject to mandatory audit.
(as amended by Federal Laws No. 168-FZ of 28.06.2011, No. 251-FZ of 23.07.2013)
3. An audit organization operating in accordance with Parts 1 and 2 of this Article cannot be an affiliate of a specialized depository or a management company with which the authorized federal body has concluded agreements in accordance with the provisions of this Federal Law, or an affiliate of affiliates of the said specialized depository. depository or management company. Same audit organization cannot conduct a mandatory audit of the activities of the management company (specialized depository) for more than five years in a row.
4. The need for statutory audit in accordance with the requirements of this article does not exempt legal entities, participating in the savings mortgage system, from the obligation to provide all the necessary information and reporting for inspections carried out Accounts Chamber Russian Federation in accordance with the legislation of the Russian Federation.
Article 31. Liability insurance of a specialized depository and management companies
1. A specialized depository is obliged to insure the risk of its liability to the authorized federal body and management companies for violations of agreements on the provision of services of a specialized depository to the authorized federal body and management companies caused by errors, negligence or willful illegal actions (inaction) of employees of a specialized depository or willful illegal actions ( inaction) of other persons. To the specified illegal actions(inaction) include crimes in the field of computer information, crimes directed against the interests of service in commercial and other organizations, crimes in the field of the economy.
2. Management companies are obliged to insure the risk of their liability to the authorized federal body for violations of trust management agreements caused by errors, negligence or intentional illegal actions (inaction) of employees of the management company or willful illegal actions (inaction) of other persons. These illegal actions (inaction) include crimes in the field of computer information, crimes directed against the interests of service in commercial and other organizations, crimes in the economic sphere.
3. Sum insured within which the insurer undertakes to pay insurance compensation upon the occurrence of each insured event during the period of validity of the specialized depository's liability insurance contract specified in Part 1 of this Article, cannot be less than 30 million rubles.
4. The sum insured, within the limits of which the insurer undertakes to pay insurance compensation upon the occurrence of each insured event during the validity period of the management company's liability insurance contract specified in paragraph 2 of this article, cannot be less than:
1) 5 percent of the amount of savings for housing, transferred to the trust management of this management company, if the specified amount is not more than 600 million rubles;
2) 30 million rubles, if the amount of savings for housing, transferred to the trust management of this management company, exceeds 600 million rubles.
5. If the terms of the liability insurance contract of the specialized depository and the liability insurance contract of the management company provide for a partial exemption of the insurer from the payment of insurance compensation (franchise), the amount of such exemption (franchise) may not exceed the amount of the insured's own funds at the time of the insured event.
6. The specialized depository and management companies insure the risk of their liability by concluding relevant insurance contracts with insurers that meet the requirements established by part 8 of this article, as well as other requirements of the legislation of the Russian Federation.
7. A specialized depository and management companies that have not concluded appropriate liability insurance contracts in accordance with the requirements of this article shall not be entitled to carry out operations related to the investment of savings for housing provision. On the conclusion, extension and termination of the term of the contract of liability insurance of the specialized depository and the contract of liability insurance of management companies, insurers shall inform the authorized federal body in the manner prescribed by it.
8. The liability risk insurance of a specialized depository and the liability risk insurance of management companies specified in parts 1 and 2 of this article shall be entitled to carry out as insurers the insurance companies that meet the following requirements:
1) having a license to carry out liability insurance of the subjects of relations for investing savings for housing provision, issued in accordance with the legislation of the Russian Federation regulating insurance activities;
(as amended by Federal Law No. 251-FZ of July 23, 2013)
2) having a capital (own funds) in the amount of at least 1 billion rubles or carrying out the specified insurance in the order of co-insurance with other insurance companies with a total capital of at least 1 billion rubles;
3) who have at least three years of experience in insuring the relevant liability risks specified in paragraphs 1 and 2 of this article.
9. A liability insurance contract for the subjects of relations for investing savings for housing provision cannot be concluded with an insurance company if:
1) it was subject to insolvency (bankruptcy) procedures (surveillance, financial recovery, external management, bankruptcy proceedings) or sanctions in the form of suspension of the license to carry out insurance activities or cancellation of such a license during the last two years;
2) it is an affiliate of a specialized depository or a management company with which the authorized federal body has concluded agreements in accordance with Article 17 or Article 18 of this Federal Law, or an affiliate of their affiliates.
10. Insurance organizations insurance companies that reinsure risks assumed by insurers under liability insurance contracts of the subjects of relations for investing savings for housing provision must comply with the requirements established by clause 2 of part 8 of this article.
11. State regulation insurance tariffs is carried out by establishing, in accordance with this Federal Law, economically justified insurance tariffs or their maximum levels, as well as the structure of insurance tariffs and the procedure for their application by insurers when determining the amount of insurance premium under a liability insurance contract.
12. Limiting levels of insurance rates for liability insurance, their structure and procedure for application by insurers when determining the amount of insurance premium under a liability insurance contract are established by the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
13. Insurers notify the Central Bank of the Russian Federation of specific insurance companies with which they have entered into the relevant reinsurance agreements in the manner prescribed by the said body.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Article 32. Conflict of interest
1. Measures to prevent the emergence of a conflict of interest in relation to officials of the authorized federal body exercising the functions of legal regulation, state control (supervision) in the field of relations for the formation, investment and use of savings for housing provision are carried out by the Government of the Russian Federation.
(Part 1 as amended by Federal Law No. 251-FZ of July 23, 2013)
2. Measures to prevent the emergence of a conflict of interest in relation to officials of management companies, a specialized depository and other subjects of relations for investing savings for housing provision are established in the codes of professional ethics of the relevant organizations.
3. Measures to prevent the emergence of a conflict of interest in relation to employees of the Central Bank of the Russian Federation shall be established by the Central Bank of the Russian Federation.
(Part 3 was introduced by Federal Law No. 251-FZ of July 23, 2013)
1. The Model Code of Professional Ethics is a normative act aimed at protecting the rights and legitimate interests of the owner of housing savings and participants and subject to execution by officials and employees of organizations involved in work with housing savings in accordance with this Federal Law.
2. Codes of professional ethics are adopted by management companies, brokers, a specialized depository on the basis of a model code of professional ethics approved for the purposes of this Federal Law by the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
3. The code of professional ethics should include a set of rules and procedures that are mandatory for all officials and employees of the relevant organizations, as well as sanctions applied to violators for their non-compliance.
4. The requirements of the code of professional ethics should be aimed at:
1) identification and prevention of a conflict of interest of a specialized depository, management companies, brokers when investing savings for housing provision;
2) identification and prevention of conflicts of interest of individual officials and employees of management companies, a specialized depository, brokers in terms of managing the investment of savings for housing;
3) prevention of the use by officials and employees of information at the disposal of a specialized depository, management company, broker, the dissemination of which may affect the market price of assets in which savings for housing are placed, as well as information that is not subject to publication, in order to extract material and personal gain as a result of the purchase (sale) of securities;
4) ensuring the protection of commercial secrets in terms of investing savings for housing, transferred to trust management;
5) compliance with other requirements of professional ethics determined by the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
5. Has expired. - Federal Law of June 29, 2015 N 210-FZ.
6. A specialized depository, management companies and brokers are required to regularly submit reports to the Central Bank of the Russian Federation on compliance with the requirements of the relevant codes of professional ethics in the course of their activities. The procedure, terms and form of submission of the said reporting shall be established by the Central Bank of the Russian Federation.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Chapter 6. REGULATION, CONTROL AND SUPERVISION IN THE SPHERE OF RELATIONS
FOR THE FORMATION, INVESTMENT AND USE OF SAVINGS
FOR HOUSING
(as amended by Federal Law No. 251-FZ of July 23, 2013)
Article 34
(as amended by Federal Law No. 251-FZ of July 23, 2013)
1. State regulation, state control (supervision) in the field of relations on the formation, investment and use of savings for housing provision are carried out in accordance with this Federal Law, other federal laws, resolutions of the Government of the Russian Federation, regulatory legal acts of the authorized federal body.
2. State control (supervision) over the targeted use of budget allocations and savings for housing provision is carried out in accordance with the legislation of the Russian Federation.
3. Regulation in the field of relations for investing savings for housing, supervision of compliance by a specialized depository, management companies, credit institutions and brokers with the requirements of this Federal Law, other regulatory legal acts of the Russian Federation and regulations of the Central Bank of the Russian Federation governing relations related to investment of savings for housing provision are carried out by the Central Bank of the Russian Federation.
Article 35
(as amended by Federal Law No. 251-FZ of July 23, 2013)
1. The authorized federal executive body exercising the functions of legal regulation, state control (supervision) in the field of relations on the formation, investment and use of savings for housing provision, performs the following functions and powers:
1) adopts regulatory legal acts in the field of formation, investment and use of savings for housing;
2) exercises control over compliance with the legislation of the Russian Federation on the formation and use of savings for housing provision by the federal executive authorities, in which the federal law provides for military service;
3) receives from the federal executive authorities, in which the federal law provides for military service, information on their activities for the formation and use of savings for housing, as well as other information, taking into account the requirements of federal laws;
4) applies to the federal executive authorities, in which the federal law provides for military service, on issues related to the observance of the procedure for the formation and use of savings for housing;
5) issue instructions to the federal executive authorities, in which the federal law provides for military service, on the elimination of revealed violations of the legislation of the Russian Federation on the formation and use of savings for housing. If the issuance of the said orders falls within the competence of other federal executive bodies, the request for the issuance of orders is sent to the appropriate federal executive body, which, in accordance with the said request, is obliged to immediately send the corresponding order to the federal executive bodies in which military service is provided for by federal law;
6) considers reports on the receipt of funded contributions and the allocation of savings for housing provision for investment, on the funds recorded in the registered savings accounts of participants, on the use by participants of savings for housing provision, as well as on the results of investing savings for housing provision transferred to trust management by the manager companies;
7) applies to the court with claims for the protection of the rights and legitimate interests of the owner of the savings for housing provision, for the elimination of the consequences of violation of the legislation of the Russian Federation and for compensation for losses caused by the subjects of relations on the formation and investment of savings for housing provision as a result of violation of the legislation of the Russian Federation;
8) take other actions provided for by this Federal Law, other federal laws and the regulation approved by the Government of the Russian Federation on the authorized federal executive body exercising the functions of legal regulation, state control (supervision) in the field of relations for the formation, investment and use of savings for housing.
2. The Central Bank of the Russian Federation performs the following functions and powers:
1) regulates the activities of a specialized depository, management companies, credit institutions and brokers in the field of relations for investing savings for housing provision;
2) accept regulations in the field of investing savings for housing;
3) supervise compliance with the legislation of the Russian Federation on the investment of savings for housing provision of military personnel by a specialized depository, management companies, credit institutions and brokers;
4) receives from a specialized depository, management companies, credit institutions and brokers information on their activities for investing savings for housing, as well as other information, taking into account the requirements of federal laws;
5) issue orders to the specialized depository, management companies, credit institutions and brokers to eliminate the revealed violations of the legislation of the Russian Federation on the investment of savings for housing provision;
6) considers audit reports on the reports of a specialized depository, management companies, credit institutions and brokers for investing savings for housing provision;
7) conducts inspections of a specialized depository, management companies, credit institutions and brokers;
8) sends binding instructions to the specialized depository, management companies, credit institutions and brokers to eliminate revealed violations of the legislation of the Russian Federation on investing savings for housing provision of military personnel, as well as to submit to the Central Bank of the Russian Federation the information necessary to exercise supervision over compliance with the said persons of the requirements of this Federal Law, other federal laws and regulations of the Central Bank of the Russian Federation regulating relations for investing savings for housing provision;
9) take other actions provided for by this Federal Law, other federal laws in the field of relations for investing savings for housing provision.
Chapter 7. FINAL PROVISIONS
Article 36
The president
Russian Federation
Moscow Kremlin
