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National Association self-regulatory organizations arbitration managers
Registration number "0028 Registration date 03.07.2009
Tel./
Moscow, st. Makarenko, 5 building 1 office 3 (4
Russian UnionSelf-regulating Organizations of Arbitration Managers
Ref. No. 1-03/73 dated 01/01/2001
To the Minister
economic development
In accordance with Articles 26.1. and 201.7 Federal Law from 01.01.01 “On Insolvency (Bankruptcy)” The Russian Union of Self-Regulatory Organizations of Arbitration Managers has developed the Federal Standard “Rules for maintaining the Register of claims for the transfer of residential premises.” This standard was approved by the decision general meeting Russian Union of Self-Regulatory Organizations of Arbitration Managers (Minutes No. 22 of 01.01.2001).
In accordance with the decision of the general meeting of members of the Russian Union of SROs, I am sending you the specified Rules for maintaining the Register of Requirements for the Transfer of Residential Premises for approval as a federal standard.
Appendix – the above Rules on 3 (Three) sheets.
Sincerely,
President of the Russian Union of SROs A. A Nefedov
APPROVED
By decision
General meeting of members
National Association
Russian Union of Self-Regulating
Organizations of Arbitration Managers
(Minutes No. 22 of 01/01/2001)
Federal standard
“Rules for maintaining the Register of Requests for Transfer
residential premises"
1. The rules for maintaining a register of claims for the transfer of residential premises (hereinafter referred to as the register), including the composition of information to be included in the specified register and the procedure for providing information from the specified register, were developed in accordance with Article 2017 of the Federal Law of 01.01.01. “On insolvency (bankruptcy)” (Collected Legislation of the Russian Federation, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471 ; 2006, No. 3292; 2007, No. 834; Art. 6079; Art. 3616; Art. 2009, Art. 14; Art. 2153; art. 6160; 2010, no. 1988; art. 4196; Art. 2708; No. 29, Art. 4301).
2. The register is unified system records containing information about creditors - participants in construction (hereinafter referred to as creditors) and their requirements to the developer for the transfer of residential premises, namely:
a) last name, first name, patronymic, passport details, place of residence, as well as postal or email address- for an individual;
b) name, location, main state registration number - for a legal entity;
V) Bank details creditor (if any);
d) the amount paid by the creditor to the developer under the agreement providing for the transfer of residential premises, and (or) the value of the property transferred to the developer in rubles;
e) the amount of unfulfilled obligations of a construction participant to the developer under an agreement providing for the transfer of residential premises, in rubles (including the cost of untransferred property specified in such an agreement);
f) information about the residential premises (including its area), which is the subject of an agreement providing for the transfer of residential premises, as well as information identifying the construction site in accordance with such an agreement;
g) the grounds for the creditor’s claim;
h) the date of entry of the creditor’s claim into the register;
i) information on repayment of the creditor’s claim;
j) date of repayment of the creditor's claim;
k) the grounds and date of exclusion of the creditors' claims from the register.
l) the grounds and date of amendments to the creditor’s claim.
For the purposes of these Rules, an entry means the entry into the register of information about one claim of one creditor as of the date of entry into the register.
3. The register is maintained by the arbitration manager in accordance with the requirements of the Insolvency (Bankruptcy) Law.
4. The register consists of sections, each of which contains information about the claims of creditors for the transfer of residential premises in relation to a specific construction project. The register is maintained in Russian, on paper and in in electronic format.
5. If the Register is submitted at the place of request on paper, the Register is presented in the form of bound and numbered sheets, each of which is signed by the arbitration manager.
6. Entries in the register are made in chronological order as the arbitration manager receives rulings from the arbitration court to include the relevant requirements in the register.
An entry in the register is made by the arbitration manager on the day the determination is received arbitration court on inclusion of relevant requirements in the register.
7. Changes in records are made on the basis of a judicial act, with the exception of changes in information about each creditor. If information about the creditor changes, a note is made in the corresponding register entry based on the notification of the creditor.
In the event of the death of the creditor, on the basis of the death certificate, a record is made of the suspension of the execution of this requirement until the legal heirs enter into the inheritance and the adoption of a judicial act to replace the creditor.
Each change in the record must contain the date the change was made, the basis for the change and the signature of the arbitration manager.
8. Based on the ruling of the arbitration court on the transfer of an unfinished construction project, the creditors’ claims, repaid in the relevant part, are excluded by the arbitration manager from the register of claims for the transfer of residential premises, the remaining outstanding part of the claims for the transfer of residential premises is excluded from the register of claims for the transfer of residential premises, as stated in the relevant The register entry makes a note about the exclusion of the creditor's claim, indicating the date and reason for the exclusion.
Based on the ruling of the arbitration court on the transfer of residential premises to participants in the construction of residential premises, the arbitration managers fully repay the claims for the transfer of residential premises in the register of claims for the transfer of residential premises, about which a note is made in the corresponding register entry about the exclusion of the creditor’s claim, indicating the date and reason for the exclusion.
9. Until the end of the proceedings, the arbitration manager shall keep the register, judicial acts confirming the validity of the creditors’ claims for the transfer of residential premises and the inclusion of these requirements in the register.
10. When transferring the register to another arbitration manager, the arbitration manager:
a) generates final records as of the date of transfer of the register;
b) makes a note about the transfer of the register in each section of the register;
c) draws up an act of acceptance and transfer and transfers in accordance with it the register, judicial acts confirming the validity of the creditors’ claims for the transfer of residential premises and the inclusion of these requirements in the register.
Reception and transfer of the register are carried out on the basis of an acceptance certificate, which is signed by the arbitration manager transferring the register, and by the arbitration manager accepting the register. The register and the documents attached to it are subject to transfer upon signing the acceptance certificate. From the date of signing this act, the arbitration manager who accepted the register is responsible for maintaining the register.
Judicial acts and creditors' demands for inclusion in the register, received by the arbitration manager who transferred the register after signing the acceptance certificate, are transferred to the arbitration manager who accepted the register under a separate acceptance certificate.
11. A corresponding note is made regarding the closure of the register, indicating the date of closure of the register.
12. Copies of the register on paper and electronic media are stored in places that prevent their simultaneous loss.
If the register is lost, it must be restored on the basis of the materials of the bankruptcy case no later than three days from the date of discovery of the loss.
13. At the request of the creditor (his authorized representative), the arbitration manager, within five working days from the date of receipt of the demand, sends, respectively, an extract from the register or a copy of the register section (electronically or on paper) to the creditor (his authorized representative). If there is no information about the requirements for the transfer of the residential premises of the specified creditor in the register, the arbitration manager sends a message to the creditor or his authorized representative about this.
An extract from the register or a copy of a section of the register is signed by the arbitration manager, and if sent electronically, with an electronic signature.
The expenses of the arbitration manager for preparing and sending an extract from the register or a copy of a section of the register on paper are subject to reimbursement by the creditor.
1. Self-regulatory organizations of arbitration managers have the right to create associations of self-regulatory organizations and be their members.
2. An association of self-regulatory organizations of arbitration insolvency practitioners, which includes more than fifty percent of all self-regulatory organizations, information about which is included in a single State Register self-regulatory organizations of arbitration managers, has the right to acquire the status of a national association of self-regulatory organizations in the manner established by this Federal Law.
3. The association of self-regulatory organizations of arbitration managers acquires the status of a national association of self-regulatory organizations of arbitration managers from the date of inclusion of information about it in the unified state register of self-regulatory organizations of arbitration managers.
The control (supervision) body includes information about the national association of self-regulatory organizations of arbitration managers in the unified state register of self-regulatory organizations of arbitration managers within three working days from the date of submission to this body following documents;
an application for inclusion of information about the national association of self-regulatory organizations in the unified state register of self-regulatory organizations of arbitration insolvency practitioners with the attachment of the decision of the general meeting of participants of the national association of self-regulatory organizations of arbitration insolvency practitioners on approval of the said application;
copies certified by the association of self-regulatory organizations of insolvency practitioners constituent documents such an association;
copies of applications of each member of such an association to join such an association, certified by the association of self-regulatory organizations of insolvency practitioners.
4. The control (supervision) body refuses to include information about the national association of self-regulatory organizations of arbitration insolvency practitioners in the unified state register of self-regulatory organizations of arbitration insolvency practitioners if:
the unified state register of self-regulatory organizations of arbitration insolvency practitioners includes information about another national association of self-regulatory organizations of arbitration insolvency practitioners.
5. Membership of a self-regulatory organization in the national association of self-regulatory organizations of arbitration insolvency practitioners shall be terminated in the event of:
submission by a self-regulatory organization to the national association of self-regulatory organizations of arbitration insolvency practitioners of an application to withdraw from this national association;
exclusion of a self-regulatory organization from the national association of self-regulatory organizations of arbitration insolvency practitioners on the grounds provided for by the charter of this national association.
6. The control (supervision) body excludes information about the national association of self-regulatory organizations of arbitration managers from the unified state register of self-regulatory organizations of arbitration managers if:
the court or an authorized body of the national association of self-regulatory organizations of arbitration managers made a decision on its liquidation;
the number of members of the national association of self-regulatory organizations of arbitration insolvency practitioners will be less than fifty percent of all self-regulatory organizations, information about which is included in the unified state register of self-regulatory organizations of arbitration insolvency practitioners, at the request of this association, as well as at the request of any self-regulatory organization that is not a member of this association, submitted not earlier than six months from the date of occurrence of the specified circumstance.
7. In the national association of self-regulatory organizations of arbitration managers, a collegial management body is formed, which includes mandatory representatives of self-regulatory organizations - members of the national association of self-regulatory organizations are included, as well as one representative each from the control (supervision) body and the regulatory body.
Independent experts, representatives of scientific, educational, public organizations, who are not representatives of self-regulatory organizations, should make up no more than twenty-five percent of the composition of the collegial governing body of the national association of self-regulatory organizations of arbitration managers.
8. A self-regulatory organization of arbitration managers, information about which is included in the unified state register of self-regulatory organizations of arbitration managers, cannot be refused membership in the national association of self-regulatory organizations of arbitration managers, except if such a self-regulatory organization was excluded from the membership of this national association and less than two years have passed since the date of her exclusion.
9. The National Association of Self-Regulatory Organizations of Arbitration Managers has the right to:
Develop federal standards;
develop a unified training program for arbitration managers;
represent the interests of self-regulatory organizations in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, bodies local government;
protect rights and legitimate interests self-regulatory organizations of arbitration managers;
appeal to judicial procedure acts and actions of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies and their officials that violate the rights and legitimate interests of any self-regulatory organization or group of self-regulatory organizations;
involve in discussions of legal, economic, social problems activities of arbitration managers unions, associations, associations of legal entities and individual entrepreneurs, other organizations;
formulate proposals for improving the legal and economic regulation of the activities of arbitration managers;
exchange information and conduct joint events with interested Russian legal entities, international organizations, foreign organizations, foreign scientists and specialists;
send representatives to participate in the commissions for taking the theoretical exam for the unified training program for arbitration managers;
send representatives to participate in the work liquidation commissions self-regulatory organizations;
exercise other powers corresponding to the purposes of its activities.
10. The National Association of Self-Regulatory Organizations of Arbitration Managers is obliged to:
ensure the safety of the compensation funds of self-regulatory organizations transferred to it in accordance with Article 25.1 of this Federal Law and carry out compensation payments of which in connection with compensation for losses caused by arbitration managers - members of self-regulatory organizations, to persons participating in a bankruptcy case, or to other persons;
establish a list of mandatory information included by the self-regulatory organization in the register of insolvency practitioners, and the procedure for maintaining such a register by the self-regulatory organization;
(see text in the previous edition)
establish the procedure and frequency of collection, processing and storage by self-regulatory organizations of information about the activities of their members;
5. Membership of a self-regulatory organization in the national association of self-regulatory organizations of arbitration insolvency practitioners shall be terminated in the event of:
- submission by a self-regulatory organization to the national association of self-regulatory organizations of arbitration insolvency practitioners of an application to withdraw from this national association;
- exclusion of a self-regulatory organization from the national association of self-regulatory organizations of arbitration insolvency practitioners on the grounds provided for by the charter of this national association.
6. The control (supervision) body excludes information about the national association of self-regulatory organizations of arbitration managers from the unified state register of self-regulatory organizations of arbitration managers if:
- the court or an authorized body of the national association of self-regulatory organizations of arbitration managers made a decision on its liquidation;
- the number of members of the national association of self-regulatory organizations of arbitration insolvency practitioners will be less than fifty percent of all self-regulatory organizations, information about which is included in the unified state register of self-regulatory organizations of arbitration insolvency practitioners, upon the application of this association, as well as upon the application of any self-regulatory organization that is not a member of this association, submitted no earlier than six months from the date of occurrence of the specified circumstance.
7. In the national association of self-regulatory organizations of arbitration managers, a collegial management body is formed, which must include representatives of self-regulatory organizations - members of the national association of self-regulatory organizations, as well as one representative each from the control (supervision) body and the regulatory body.
Independent experts, representatives of scientific, educational, public organizations, who are not representatives of self-regulatory organizations, should make up no more than twenty-five percent of the composition of the collegial governing body of the national association of self-regulatory organizations of arbitration managers.
8. A self-regulatory organization of arbitration managers, information about which is included in the unified state register of self-regulatory organizations of arbitration managers, cannot be refused membership in the national association of self-regulatory organizations of arbitration managers, except if such a self-regulatory organization was excluded from the membership of this national association and less than two years have passed since the date of her exclusion.
9. The National Association of Self-Regulatory Organizations of Arbitration Managers has the right to:
- develop federal standards;
- develop a unified training program for arbitration managers;
- represent the interests of self-regulatory organizations in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, and local government bodies;
- protect the rights and legitimate interests of self-regulatory organizations of arbitration managers;
- appeal in court against acts and actions of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies and their officials that violate the rights and legitimate interests of any self-regulatory organization or group of self-regulatory organizations;
- involve unions, associations, associations of legal entities and individual entrepreneurs, and other organizations in the discussion of legal, economic, social problems of the activities of arbitration managers;
- formulate proposals for improving the legal and economic regulation of the activities of arbitration managers;
- exchange information and conduct joint events with interested Russian legal entities, international organizations, foreign organizations, foreign scientists and specialists;
- send representatives to participate in the commissions for taking the theoretical exam for the unified training program for arbitration managers;
- send representatives to participate in the work of liquidation commissions of self-regulatory organizations;
- exercise other powers corresponding to the purposes of its activities.
10. The National Association of Self-Regulatory Organizations of Arbitration Managers is obliged to:
- ensure the safety of the compensation funds of self-regulatory organizations transferred to it in accordance with Article 25.1 of this Federal Law and make compensation payments from them in connection with compensation for losses caused by arbitration managers - members of self-regulatory organizations, to persons participating in a bankruptcy case, or to other persons;
- establish a list of mandatory information included by the self-regulatory organization in the register of insolvency practitioners, and the procedure for maintaining such a register by the self-regulatory organization;
Establish the procedure and frequency of collection, processing and storage by self-regulatory organizations of information about the activities of their members;
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