Federal law no. 177-fz of december 23, 2003 on insuring natural persons\

Federal law no. 177-fz of december 23, 2003 on insuring natural persons' deposits made with banks of the russian federation (with the Amendments and Additions of August 20,



НазваниеFederal law no. 177-fz of december 23, 2003 on insuring natural persons' deposits made with banks of the russian federation (with the Amendments and Additions of August 20,
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FEDERAL LAW
NO. 177-FZ OF DECEMBER 23, 2003
ON INSURING NATURAL PERSONS' DEPOSITS MADE WITH BANKS OF THE RUSSIAN FEDERATION
(with the Amendments and Additions of August 20, December 29, 2004, October 20, 2005, July 27, 2006, March 13, 2007, October 13, December 22, 2008, September 27, November 25, 2009, December 23, 29, 2010, June 27, July 11, December 3, 2011, May 7, July 2, December 2, 28, 2013, April 2, July 21, December 22, 29, 2014, June 29, July 13, 2015)

Adopted by the State Duma on November 28, 2003

Endorsed by the Council of Federation on December 10, 2003

This Law shall establish the legal, financial and organisational basis of the functioning of the system of compulsory insurance of natural persons' deposits made with banks of the Russian Federation (hereinafter referred to as the deposits' insurance system), the authority, procedure for establishing and functioning of the organisation exercising the functions related to compulsory insurance of deposit (the Deposit Insurance Agency, hereinafter also refered to as the Agency) and the procedure for paying compensation for deposits, shall regulate relations between banks of the Russian Federation, the Agency, the Central Bank of the Russian Federation (the Bank of Russia) and executive bodies of the Russian Federation, as regards compulsory insurance of natural persons' deposits made with banks.
Chapter 1. General Provisions
Article 1. Purposes of This Federal Law and Relations Regulated by It

1. The purposes of this Federal Law shall be the protection of the rights and legal interests of depositors of the Russian Federation banks, strengthening confidence with regard to the Russian Federation's banking system and stimulating of bringing the population's savings into the Russian Federation banking system.

2. This Federal Law shall regulate relations concerning the establishment and functioning of the deposit insurance system, the forming and use of the monetary fund thereof, payment of compensation for deposits, should a loss thereof occur, as well as the relations emerging in connection with the exercise of the state control over functioning of the deposit insurance system, and other relations emerging in this area.

3. The operation of this Federal Law shall not extend to other means of insuring natural persons' deposits for guaranteeing their return and payment of interest on them.

4. In compliance with the purposes of this Federal Law, there shall be established the specifics of the legal status of participants of the deposit insurance system and of determining essential terms of compulsory deposit insurance, a contingency payment of insurance premiums and obtainment of insurance compensation, as regards compulsory deposit insurance.

5. The relations emerging in connection with the establishment and functioning of the deposit insurance system shall be regulated by this Federal Law, other federal laws and in the instances provided for by this Federal Law by normative legal acts of the Government of the Russian Federation and normative acts of the Bank of Russia adopted in compliance with it.
Article 2. Basic Concepts Used in This Federal Law

The following basic concepts shall be used in this Federal Law:

1) a bank shall mean a credit organisation having a permit of the Bank of Russia to attract for deposit monetary funds of natural persons and to open and keep natural persons' bank accounts, issued by the Bank of Russia to banks in the procedure established by the Federal Law on Banks and Banking (in the wording of Federal Law No. 17-FZ of February 3, 1996) (hereinafter referred to as the Federal Law on Banks and Banking);

2) a deposit shall mean monetary funds in the currency of the Russian Federation or in foreign currency placed by natural persons or for the benefit thereof with a bank on the territory of the Russian Federation on the basis of a bank deposit contract or a bank account contract, including capitalised (added) interest on a deposit amount;

3) bank register shall mean a list of banks registered in the deposit insurance system which is formed in compliance with this Federal Law;

4) a depositor shall mean a citizen of the Russian Federation, a foreign citizen or a stateless person who has made with a bank deposit contract or a bank account contract, or any of said persons into whose benefit a deposit is made;

5) compensation for a deposit (deposits) (hereinafter also referred to as insurance compensation) shall mean the amount of money payable to a depositor in compliance with this Federal Law, should a loss thereof occur;

6) the permit of the Bank of Russia shall mean the license issued by the Bank of Russia for the attracting by a bank of natural persons' monetary funds for depositing and for opening and keeping natural persons' bank accounts in the procedure established by the Federal Law on Banks and Banking;

7) the deficit of the compulsory deposit insurance fund shall mean insufficiency of the compulsory deposit insurance fund for paying compensation for deposits within the time periods established by this Federal Law;

8) counter claims meaning monetary obligations of a depositor owing a bank under civil-law transactions and/or on other grounds envisaged by the legislation of the Russian Federation on which a depositor is deemed a debtor of a bank.
Article 3. Basic Principles of the Deposit Insurance System

Basic principles of the deposit insurance system shall be as follows:

1) obligatory participation of banks in the deposit insurance system;

2) reduction of the risks of unfavourable consequences for depositors in the event of banks' failure to discharge their commitments;

3) transparency of the activities of the deposit insurance system;

4) accumulative nature of forming the compulsory deposit insurance fund at the expense of regular insurance premiums contributed by banks participating in the deposit insurance system.
Article 4. Participants of the Deposit Insurance System

Participants of the deposit insurance system shall be:

1) depositors recognised as beneficiaries for the purposes of this Federal Law;

2) banks entered in the established procedure to the bank register that are recognised as insurants for the purposes of this Federal Law;

3) the Agency recognised as an insurer for the purposes of this Federal Law;

4) the Bank of Russia, when it exercises functions resulting from this Federal Law.
Article 5. Deposits Insured in Compliance with This Federal Law

1. Under this Federal Law, deposits shall be insurable in the procedure, in the amounts and under the terms and conditions established by Chapter 2 of this federal Law, save for the monetary funds specified in Part 2 of this Article.

2. Under this Federal Law, the following monetary funds shall not be insurable, those:

1) placed on bank accounts (deposits) of solicitors/barristers, notaries and other persons, if such accounts (deposits) have been opened to pursue a professional activity for which there is a provision in a federal law;

2) placed by natural persons into deposits payable to bearer, including those attested by a bearer saving certificate and (or) a bearer savings-bank book;

3) transferred by natural persons to banks for trust management;

4) placed into deposits made with branches of Russian Federation banks situated outside the territory of the Russian Federation.
5) that are electronic money resources.
6) placed onto nominal accounts, except for individual nominal accounts opened for custodians or guardians and in respect of which wards are beneficiaries, pledged accounts and escrow accounts, if not otherwise established by this Federal Law.

3. Deposits shall be insured by virtue of this Federal Law and shall not require conclusion of an insurance contract.
Article 6. Participation of Banks in the Deposit Insurance System

1. In compliance with this Federal Law, participation in the deposit insurance system shall be obligatory for all banks.

2. A bank shall be deemed a participant of the deposit insurance system, as of the date of its registration in the deposit insurance system up to the date of its striking off the systems' records in compliance with Article 28 of this Federal Law.

3. Banks shall be obliged:

1) to pay insurance premiums to the compulsory deposit insurance fund (hereinafter referred to as insurance premiums);

2) to present to depositors information on their participation in the deposit insurance system, on the procedure and amounts of compensation for deposits;

3) to place information on the deposit insurance system at banks' premises, accessible for depositors, where they are served;

4) keep record of the bank's obligations owing depositors and the bank's counter claims in respect of a depositor as supporting the bank's readiness to form a register of the bank's obligations owing the depositors in the procedure and according to the form established by the Bank of Russia on the Agency's proposal upon the onset of an insured accident and also as of any day if the Bank of Russia so demands (within seven calendar days after the receipt of said demand by the bank);

5) to discharge other duties provided for by this Federal Law.

Chapter 2. Procedure for, and Terms of, Paying Compensation for Deposits

Article 7. Depositors' Rights

1. Depositors shall be empowered:

1) to get compensation for their deposits in the procedure established by this Federal Law;

2) to report to the Agency on delays in banks' discharging their commitments in respect of deposits;

3) to obtain from the banks where they have made their deposits and from the Agency information on the bank's participation in the deposit insurance system, on the procedure for, and amounts of, receiving compensation for deposits.

2. A depositor that has received compensation for his deposits made with a bank in respect of which the loss occurs, shall preserve the right of claim with regard to said bank for the amount determinable as the difference between the amount of the depositor's claims to this bank and the sum of compensation paid to him for the deposits made with this bank. Such depositor's right of claim in respect of a bank shall be satisfied in compliance with the civil legislation of the Russian Federation.
3. When a contract of bank deposit (contract of bank account) is concluded for the benefit of a third person the rights of a depositor set out in the present Federal Law shall be acquired by the natural person for whose benefit such bank deposit has been made (bank account has been opened).
4. Under a nominal account agreement the depositor's rights provided for by this Federal Law shall be acquired by the natural person who is the beneficiary of this account.
Article 8. Loss

1. For the purposes of this Article, one of the following circumstances shall be deemed a loss:

1) withdrawal (cancellation) by the Bank of Russia of a bank's licence for exercising bank operations (hereinafter referred to as the licence of the Bank of Russia) in compliance with the Federal Law on Banks and Banking, if a plan of the Agency's participation in settling the bank's obligations in compliance with Federal Law No. 127-FZ of October 26, 2002 in Insolvency (Bankruptcy) (hereinafter referred to as the Federal Law on Insolvency (Bankruptcy) is not implemented;

2) imposition by the Bank of Russia of a moratorium on satisfying demands of a bank's creditors in compliance with laws of the Russian Federation.
2. An insured accident shall be deemed to have occurred as of the day when the bank's licence issued by the Bank of Russia is revoked (annulled) or as of the day when a moratorium is imposed on meeting the claims of creditors of the bank.
Article 9. Emergence of Depositor's Right to Obtain Compensation for Deposits

1. A depositor's right of claim for compensation for deposits shall emerge, as of the date when the loss occurs.

2. A person that has acquired a right of claim from a depositor in respect of a deposit (deposits) after the onset of an insured accident is not entitled to an indemnity for such deposit (deposits), except for a natural person who has acquired a right of claim in line of succession in respect of a deposit for which no indemnity has been paid out to the depositor (hereinafter referred to as "heir"). A heir is entitled to use the rights of a deceased depositor which are described in the present Federal Law, starting from the time when a relevant certificate of a right to inheritance is issued to the heir or another document confirming his/her right to inheritance or a right to use the funds of the testator.

3. When the rights of claim in respect of a depositor's deposit(s) are assigned in line of succession after the onset of an insured accident to several heirs each of them shall acquire a right to the portion of indemnity that has not been paid out to the depositor, in an amount pro rata to the amount of the right of claim he/she has acquired in respect of said deposit(s). In this case, the payment of an indemnity to a heir in respect of said deposit(s) shall not depend on the payment of an indemnity to the same heir in respect of other deposits.
Article 10. Procedure for Applying for Deposit Compensation

1. A depositor (his/her representative or heir (heir's representative) shall be entitled to make a claim with the Agency for paying compensation for deposits, as of the date of the loss occurrence up to the date of completing bankruptcy proceedings, or to the finishing date of a moratorium's operation in the event of the Bank of Russia imposing a moratorium on satisfying creditors' claims.

2. If the event of missing the time period for making a claim for deposit compensation by a depositor (his/her heir), the time period, specified in Part 1 of this Article, may be restored on the basis of application of the depositor (his/her heir) by decision of the Agency's administration in the presence of one of the following circumstances:

1) if an extraordinary and unavoidable circumstance under the given conditions (force majeure) has impeded making a claim for deposit compensation;

2) if a depositor (heir) was (is) conscripted into military service or was (is) in the ranks of the Armed Forces of the Russian Federation (other troops, military units and bodies) put under the conditions of martial law - for the period of doing such service (of martial law);

3) if the cause of said laches is due to a grave illness of the depositor (his/her heir), the helpless condition of the depositor (his/her heir), the term for the depositor's heir accepting the inheritance and other reasons relating to the personality of the depositor (his/her heir).

3. A decision of the Agency's board to deny restoration of a missed time period for making a claim for paying deposit compensation may be appealed against by a depositor (his/her heir) in court.

4. When making a claim with the Agency for paying deposit compensation, a depositor (heir) shall submit the following:

1) an application according to the form determinable by the Agency;

2) documents certifying his identity and if the heir applies also documents confirming his/her right to inheritance or a right to use the testator's funds.

5. When making a claim with the Agency for paying deposit compensation, a representative of a depositor (heir), along with the documents specified in Items 1 and 2 of Part 4 of this Article, shall likewise submit a letter of authority attested by a notary.
Article 11. Amount of Deposit Compensation

1. The amount of deposit compensation payable to each depositor shall be established on the basis of the sum of the commitments related to the deposits of the bank, in respect of which a loss occurs, with regard to the depositor. When estimating the sum of a bank's commitment with regard to a depositor, only the deposits insured in compliance with Article 5 of this Federal Law shall be accountable.
2. A compensation for deposits in a bank in respect of which an insured accident has taken place shall be paid out to the depositor in the amount of 100 per cent of the sum of the deposits in the bank but not exceeding 1,400,000 roubles, if not otherwise established by this Federal Law.
3. If a depositor has several deposits in one bank a compensation shall be paid out for each of the deposits pro rata to the amounts thereof, but not exceeding in aggregate 1,400,000 roubles.. The condition established by this part shall be effective in respect of all the deposits made by the depositor (made for the benefit of the depositor) with the same bank, including the deposits made in connection with the business activities provided for by federal law (except for the escrow accounts provided for by Article 12.1 of this Federal Law).

4. If a loss occurs in respect of several banks, where a depositor has deposits, the amount of insurance compensation shall be estimated separately in respect of each bank.

5. The amount of deposit compensation shall be estimated on the basis of the balance amount of monetary funds in the deposit (deposits) made by a depositor with a bank, as on the end of the day when the loss occurs.

6. Where a commitment of the bank, in respect of which the loss occurs, with regard to a depositor is shown in foreign currency, the amount of compensation for deposits shall be estimated in the Russian Federation currency at the exchange rate established by the Bank of Russia, as on the date when the loss occurs.

7. Where the bank, in respect of which the loss occurs, is also a creditor in respect of a depositor, the amount of compensation for deposits shall be determined on the basis of a difference between the amount of the bank's commitments with regard to the depositor and the amount of counter claims of this bank with regard to the depositor emerging prior to the date when the loss occurred.
Article 12. Procedure for Paying Deposit Compensation

1. The Agency within seven days, as of the date of receiving from the bank, in respect of which the loss has occurred, a list of the bank's commitments with regard to depositors, shall send to this bank, as well as to the "Vestnik Banka Rossiyi" for publishing and to the press at the location of this bank a notice on the place, time, form of, and procedure for, accepting depositors' applications for paying deposit compensation. Within one month, as of the date of receiving from a bank a list of the bank's commitments with regard to depositors, the Agency shall likewise direct a notice to depositors of the bank in respect of which the loss has occurred.

2. A depositor shall be entitled to receive the information indicated in Part 1 of this Article directly at the bank in respect of which the loss has occurred, as well as at the Agency.

3. In the event of a depositor's (his representative's) filing with the Agency the documents provided for by Part 4 and 5 of Article 10 of this Federal Law, the Agency shall present to the depositor an extract from the list of the bank's commitments with regard to depositors with an indication of the amount his deposit compensation.
4. Compensation for deposits shall be paid by the Agency in compliance with the list of a bank's commitments with regard to depositors formed by the bank, in respect of which the loss has occurred, within three working days as of the date of a depositor's submitting to the Agency the documents provided for by Parts 4 and 5 of Article 10 of this Federal Law but at the earliest in 14 days as of the date when the loss occurred.

5. When paying compensation for deposits, the Agency shall issue to the depositor a certificate concerning paid amounts and the deposits for which compensation is payable and shall send a copy thereof to the bank.

6. In the event of failure to pay the agreed amount of compensation for deposits within the time period established by this Article through the Agency's fault, the Agency shall pay to the depositor interest on the sum not paid calculated at the amount of the refinancing rate established by the Bank of Russia as on the date of actual payment of the compensation for deposits by the Agency.
7. In the event of a depositor's disagreeing with the amount of payable compensation for deposits, the Agency shall propose to the depositor to submit to the Agency additional documents proving the reasonableness of his claims, and shall direct them to the bank for consideration. Within ten calendar days after the receipt of said documents the bank shall consider them and if the depositor's claims are well-grounded it shall amend accordingly the register of the bank's obligations owing depositors and also send a message to the Agency on the results of the consideration of the depositor's claims and on the amendments made to the register of the bank's obligations owing depositors.

8. The Agency, upon agreeing with the bank and the depositor the amount of the bank's commitments, shall pay to the depositor on the basis of additionally submitted documents the amount of compensation for deposits in the established procedure.

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