The amendments are made to the Federal Act "On protection of the rights of legal entities and sole traders at making state control (supervision) and municipal control"
There is established that
the Federal Act N 294-FZ shall putt into effect not since
July 1, 2009 as is was earlier but since May 1, 2009, except
certain provisions.
In accordance with putted amendments,
provisions of
the Federal Act N 294-FZ shall be applied in the following
order;
- since July 1, 2009 they shall be applied in respect
of experts, expert organizations certified in the order established
by the RF Government;
- before December 31, 2009 (inclusively)
they shall not be applied to state control (supervision)
over arbitration managers activity;
before January 1, 2010
at making state control (supervision) specified in part 4 of
article 1 of the Federal Act N 294-FZ there shall not be
applied provisions establishing the procedure for organization
and carrying out examinations in the part concerning kinds,
subject, basements for examinations and terms for carrying out
of them;
- the provisions of the act establishing the procedure
for organization and carrying out of examinations shall not
be applied at making control over observance of requirements
of the RF legislation about counteraction to legalization (laundering)
of incomes received by a criminal way and financing of terrorism.
A number of amendments are made to the legislation of insolvency (bankruptcy)
The Federal Act N 73-FZ of April 28, 2009 (document is in
Russian) has made a number of amendments to the legislative
acts regulating relations on insolvency (bankruptcy).
In
particular the amendments are made to
the Federal Act N 40-FZ "On insolvency (bankruptcy) of
credit institutions" of February 25, 1999 (document
is in Russian), which establish obligations of the head,
member of administration bodies, founders (participants) of
a credit institution in the case of arising of insolvency (bankruptcy)
signs. In the new wording there are given the provisions determining
the responsibility of it heads, members of directors council,
participants, terms and order for consideration of deals as
void and specific features of juridical examination on cases
about bankruptcy. Besides there are changed the duties of competitive
manager.
The amendments are made to
the Federal Act N 127-FZ "On insolvency (bankruptcy)"
of October 26, 2002 (document is in Russian), which concern
debtor's duty on filling of application to arbitration court,
responsibility of debtor and other persons, consideration of
persons as interested in relations with debtor, competitive
manager's authorities and sequence for satisfaction of creditors
requirements. Besides there is established the procedure for
challenging of debtor's transactions.
The Federal Act N 73-FZ of April 28, 2009 (document is in
Russian) shall putt into effect upon expiration of thirty days
after the day of its official publication. Provisions of legislative
acts in the wording of this
Federal Act shall be applied by arbitration courts at consideration
of cases about bankruptcy, proceeding on which has been initiated
after the day of its enforcement, and provisions about
challenging of debtor's transactions shall be applied in respect
of deals concluded after the day of its enforcement independently
when a case about bankruptcy has been initiated.
There is established that it is prohibited at securities market
to place, to circulate and to propose to general public securities
intending for qualified investors, securities public placing
and turnover of which is prohibited or not provided in legislation,
as well as documents identifying monetary and other obligation
but being not securities. At that placing and turnover of securities
intended for qualified investors on auctions of stock exchanges
and other trade organizers at securities market is not considered
as public, and trade organizers have no right to disclosure
and to submit information about such securities to any interested
persons.
In accordance
with
the Procedure the control shall be provided by officials
of territorial administrations of the Federal agency on administration
with special economic zones in the form of inspections, in frameworks
of which it should be fixed accordance of resident' activity
to terms of the agreement about activity in special economic
zone.
At that there
is established that inspection can be as planned (annual) and
unplanned (carried out in the case of receiving of written information
about violation of terms of the agreement about activity in
special economic zone by resident).
The period of inspection
shall not be more than fourteen calendar days and in exclusive
cases the period may be prolonged but not more than fourteen
calendar days.
