Draft Law on Debt Collection Activities

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Draft Law on debt collection Activities (57834)
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FEDERAL LAW

On the collection of overdue debts

CHAPTER I. GENERAL PROVISIONS

Article 1. Legislation regulating the collection of overdue debts in the Russian Federation and the scope of this Federal Law

1. The collection of overdue debts is carried out in accordance with the Civil Code of the Russian Federation, this Federal Law, and other federal laws regulating relations arising in the course of the collection of overdue debts.
2. This Federal Law regulates relations for the recovery of overdue debts between recoverers and persons who have arrears, when the recovery of overdue debts is carried out in a pre-trial procedure.
The provisions of this Federal Law do not apply to relations regulated by the Federal Law "On Enforcement Proceedings".
3. This Federal Law defines: the
legal basis for regulating the collection of overdue debts in the Russian Federation;
legal basis for conducting and regulating professional activities for the collection of overdue debts.
conditions for voluntary performance by debtors of their obligations to repay overdue debts;
legal basis for ensuring the protection of the rights and interests of the debtor in the execution of the recovery;
requirements for the recoverers.

Article 2. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:
Recoverer - an individual, including an individual entrepreneur, or a legal entity that performs actions to recover overdue debts in accordance with the procedure provided for by this Federal Law and other regulatory legal acts, as well as the terms of the contract. The recoverer may be a creditor acting on its own behalf, or a person performing debt collection on behalf of and (or) in the interests of the creditor on the basis of a law and (or) a civil contract (a person authorized by the creditor), including subjects of collection activities;
Collection of overdue debts (collection) – legal and actual actions performed by the recoverer, and aimed at the repayment of overdue debts by the debtor;
Contract for the collection of overdue debts – a contract concluded between a creditor and a natural or legal person for the purpose of collecting overdue debts, which meets the mandatory requirements provided for by the Civil Code of the Russian Federation and this Federal Law, and contains the conditions for the implementation of the collection;
Debtor – a natural person, including an individual entrepreneur, or a legal entity that has not fulfilled a monetary or other obligation within the time period established by the relevant contract and (or) law, or other regulatory legal act. A debtor is also another person who, by virtue of a law or contract, is obligated to perform its obligation to the creditor vicariously or jointly with the debtor, unless otherwise expressly provided for by the Civil Code of the Russian Federation or this Federal Law.;
Collection activity – professional activity for the collection of overdue debts, carried out by collectors who are subjects of collection activities, aimed at paying off the debt by the debtor.
The collection of overdue debts carried out by persons who are not subjects of collection activities does not apply to collection activities.
Creditor - a legal entity or individual, including an individual entrepreneur, who has the right to demand the performance of a monetary obligation or other obligation arising on the basis of a contract and (or) a law or other regulatory legal act in relation to the debtor, acting on its own behalf.
In cases directly provided for by the legislation of the Russian Federation, the creditor may be the Russian Federation, the subjects of the Russian Federation, as well as municipalities;
Overdue debt – the total amount of monetary obligations not fulfilled by the debtor within the prescribed period, the obligation to pay which arose as a result of non-performance or improper performance of obligations to the creditor, including as a result of unlawful withholding of funds, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another person, including the amount of penalties (fines, penalties) and interest accrued for late performance of obligations, unless otherwise established by federal law or contract;
Agreement on the restructuring of overdue debt - an agreement on the terms of repayment of overdue debt, providing for installment repayment of overdue debt, postponement of the next payment, forgiveness of overdue debt or part of it, novation of overdue debt, compensation and other changes in the terms of repayment of overdue debt that do not contradict the legislation of the Russian Federation;
Self-regulating organization of collectors – a non-profit organization established for the purpose of regulating, controlling and ensuring collection activities and uniting subjects of collection activities on the terms of membership, information about which is included in the unified state register of self-regulating organizations of collectors;
Control (supervision) body - a federal executive body authorized by the Government of the Russian Federation to exercise the functions of control (supervision) over the activities of self-regulating organizations of collectors;
Scoring program – a system for assessing the creditworthiness (credit risks) of a person, based on numerical statistical methods;
The subject of collection activity (collector, collection agency) is a professional participant in collection activities, authorized by the creditor, specializing in the collection of overdue debts in the framework of collection activities and is a member of one of the self-regulatory organizations of collectors;
Authorized body – a federal executive body authorized by the Government of the Russian Federation to perform the functions of regulatory and legal regulation in the field of collection activities and the activities of self-regulating organizations of collectors.

CHAPTER II. IMPLEMENTATION OF ACTIVITIES FOR THE COLLECTION OF OVERDUE DEBTS

Article 3. The basis for the implementation of activities for the recovery of overdue debts

1. The basis for the implementation of activities for the collection of overdue debt is overdue debt in connection with the non-performance or improper performance of the obligation.
2. The collection of overdue debts is carried out either by a creditor acting on its own behalf, or by a third party, on the basis of a contract concluded with it by the creditor for the collection of overdue debts or as a result of the assignment of the right of claim belonging to the creditor on the basis of an obligation.
3. If the debtor is a natural person (including an individual entrepreneur for obligations not related to the implementation of his business activities), the collection of overdue debts may be carried out either by the creditor or by the subject of collection activities (on the basis of a contract for the collection of overdue debts or as a result of the assignment of the right of claim).
If the creditor under the obligation under which the collection of overdue debts is carried out is a credit institution, the contract for the collection of overdue debts can be concluded only with the subject of collection activities.

Article 4. Contract for the recovery of overdue debts between the creditor and the recoverer

1. The contract for the recovery of overdue debts between the creditor and the recoverer is concluded in a simple written form.
The rules provided for in Chapter 52 of the Civil Code of the Russian Federation for agency contracts apply to the contract for the collection of overdue debts.
2. The creditor is obliged to inform the debtor, including the guarantor and (or) the pledgor, about the conclusion of a contract for the recovery of overdue debts with the recoverer in respect of the debtor's overdue debts, by sending him a corresponding notification by registered mail with a notification of delivery or by delivery against a receipt no later than ten working days from the date of conclusion of such a contract.
The notification of the conclusion of the contract for the collection of overdue debts must specify:
1) data of the debtor, namely in relation to:
legal entity – full and abbreviated name, location, main state registration number in the unified state register of legal entities;
physical person – surname, first name, patronymic, address at the place of registration and (or) actual place of residence;
individual entrepreneur – surname, first name, patronymic, taxpayer identification number, address at the place of registration and (or) actual place of residence;
2) the amount of overdue debt to be collected;
3) the structure of the debt (the amount of the principal debt, commissions, interest, penalties, fines and other payments that make up the amount of the debt);
4) information about the grounds for the occurrence of overdue debts;
5) information on the method of security and information provided for in subparagraph 1 of this part about third parties providing such security in respect of overdue debt on secured obligations (if any);
6) the data of the recoverer who carries out the recovery on the basis of the contract for the recovery of overdue debts, namely in relation to:
CHAPTER III. RIGHTS AND OBLIGATIONS
RECOVERERS

Article 7. Rights of recoverers

1. The powers of the recoverers are determined by this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, as well as the contract for the recovery of overdue debts.
2. The recoverers, when carrying out the activity of collecting overdue debts, have the right to perform actions that do not contradict the legislation of the Russian Federation, including:
1) require the creditor to provide in full the documentation necessary for the implementation of activities for the collection of overdue debts;
2) obtain from the creditor explanations and additional information necessary for the implementation of activities for the collection of overdue debts;
3) interact with the debtor using telephone calls, personal meetings, postal items at the address of residence (work) or location, e-mails (on the Internet), text messages to a mobile phone, and other methods of establishing contact with the debtor, in accordance with the procedure established by this Federal Law;
4) receive monetary remuneration from the creditor for the performance of activities for the collection of overdue debts in accordance with the terms of the contract for the collection of overdue debts.



Article 8. Obligations of the recoverers

1. When carrying out activities for the recovery of overdue debts, the recoverers are obliged to:
1) comply with the requirements of this Federal Law, other federal laws and other regulatory legal acts;
2) inform the creditor about the progress of the execution of the contract for the collection of overdue debts in the manner provided for in such a contract;
3) within five working days from the date of receipt of information about the debtor, notify the creditor of its affiliation with the debtor, the grounds for such affiliation, as well as other circumstances that affect or may affect the performance of the recoverer's obligations and (or) lead to a conflict between the recoverer's personal interest and the creditor's legitimate interests, or to harm the creditor's legitimate interests, including as a result of the recoverer's direct or indirect interest in the debtor's failure to perform its obligations to the creditor;
4) to ensure the safety of the secret protected by law.
5) at the request of the debtor, provide information about himself, about his location, about the availability of personal data related to the relevant subject of personal data, about the membership of the recoverer in the self-regulating organization of collectors, about the name of the person in whose interests the debt is collected, about the terms and procedure for repayment of the debt.
2. Recoverers are prohibited from:
1) accept an order from the creditor to carry out activities to recover overdue debts if the execution of such an order may prevent the execution of the previously accepted order;
2) to facilitate evasion of payment of overdue debts by the debtor;
3) inform third parties about the debtor's overdue debt (including placing information about the debtor's overdue debt on the outer part of the envelope in which the notification is sent to the debtor);
4) accept and execute the instructions of the creditor to carry out activities for the recovery of overdue debts of the debtor affiliated with the recoverer, if information about such affiliation and its grounds has not been brought to the attention of the creditor.
3. If the recoverer fails to comply with the requirements established by this article, the debtor and (or) the creditor shall have the right to demand from the guilty person compensation for the losses caused in accordance with the procedure established by the legislation of the Russian Federation.

Article 9. Interaction of the recoverer and the debtor

1. When interacting with the debtor, the recoverer must act on the basis of the principles of legality, respect for and observance of human and civil rights and freedoms, respect for the right of organizations to protect their business reputation, trade secrets, and other confidential information, integrity, fairness, and professional independence.
2. Regardless of the form of interaction, unfair activity of the recoverer is not allowed, including the following actions (inaction):
1) failure to submit the recoverer (surname, first name, patronymic, position, name of the recoverer, its location and address for sending correspondence, name and address of the self-regulating organization of collectors, of which the recoverer is a member, and the name of the creditor if the recovery is carried out on behalf of the creditor);
2) interaction with the debtor and (or) its representative in the period from 22 to 6 hours local time at the location of the debtor specified by the creditor, or at the place of registration of the debtor;
3) failure to provide the debtor at his request with information and documents confirming the authority of the recoverer to recover the overdue debt of the debtor;
4) failure to provide the debtor with information on the amount and structure of the overdue debt of the debtor, the name of the creditor, the terms and procedure for repayment of the overdue debt received from the creditor;
5) misleading the debtor about the size, nature and grounds of the overdue debt;
6) frequent communication with the debtor at the initiative of the recoverer (more than three times a day and (or) twice or more times within an hour);
7) notification to third parties about the debtor's debt.
In the course of carrying out collection activities, the recoverers are obliged to comply with the legislation of the Russian Federation regarding the protection of information affecting the personal life and property of citizens.
3. If the location of the debtor and (or) his representative is unknown, the recoverer interacts with the debtor and (or) his representative in the period from 6 to 22 hours local time at the location of the recoverer.
4. Information about the amount and structure of the overdue debt of the debtor, the name of the creditor, the terms and procedure for repayment of the overdue debt may be provided directly when the recoverer communicates with the debtor, as well as by sending a notification by mail, e-mail or sending a message to the debtor's mobile phone.
5. If the activity of the recoverer is recognized as unfair by a court decision, the recoverer shall bear the responsibility provided for by the legislation of the Russian Federation.

Article 10. Ensuring the protection of the rights and legitimate interests of debtors in the recovery of overdue debts

1. When collecting overdue debts, the debtor has the right to:
1) to obtain information about the person who is collecting overdue debts, about his location, about the presence of personal data related to the relevant subject of personal data, about the membership of the recoverer in the self-regulating organization of collectors;
2) to get acquainted with their personal data used by the recoverer;
3) to receive information about the recoverer from the creditor;
4) to receive from the recoverer information about the name of the person in whose interests the debt is collected, about the terms and procedure for repayment of the debt;
5) to stop the actions of the recoverer that violate the rights or create a threat of violation of the rights of the debtor.
2. The debtor has the right to demand from the recoverer the termination of interaction with him in any form, except in writing. In this case, the debtor sends a corresponding notification to the recoverer and to the self-regulating organization of collectors, of which the recoverer is a member, if the recoverer is a subject of collection activity. From the date of receipt of the notification specified in this part, the recoverer is not entitled to interact with the debtor except by sending letters by mail or by e-mail.
3. The debtor has the right to raise against the claim of the recoverer the objections that it has against the creditor at the time of receipt of the notification of the conclusion of the contract for the recovery of overdue debts or the notification of the transfer of rights under the obligation to the new creditor.
CHAPTER IV. IMPLEMENTATION OF ACTIVITIES FOR THE COLLECTION OF OVERDUE DEBTS BY THE SUBJECTS OF COLLECTION ACTIVITIES

Article 11. Subjects of collection activity
1. The subject of collection activity is a professional participant in collection activity who carries out collection activities on the basis of a contract with a creditor, specializes in collecting overdue debts in the framework of collection activities and is a member of one of the self-regulating organizations of collectors.
The subject of collection activity may be an individual entrepreneur or a legal entity of any organizational and legal form that meets the requirements of this Federal Law, with the exception of a state or municipal unitary enterprise, a state (municipal) institution, a production or consumer cooperative.
2. Subjects of collection activity have the right to engage in other types of professional activity, including entrepreneurial activity, in accordance with the procedure established by the legislation of the Russian Federation.
3. In cases established by law, the implementation of certain types of activities is possible only on the basis of a special permit (license) or membership in a self-regulating organization.
The right of the subject of collection activity to carry out activities for which it is necessary to obtain a license or membership in a self-regulating organization arises from the moment of obtaining a license or within the period specified in it, or from the moment of joining a self-regulating organization, and terminates upon termination of the license or membership in a self-regulating organization.
4. The subject of collection activity must meet the requirements and bear the obligations established by Article 23 of this Federal Law.

Article 12. Features of the implementation of activities for the collection of overdue debts by the subjects of collection activities

1. When carrying out collection activities, the subjects of collection activities, in addition to the rights provided for in Article 7 of this Federal Law, also have the right to:
1) request information necessary for the implementation of collection activities from state authorities, local self-government bodies, as well as public associations and other organizations, with the exception of information that is a state secret;
2) assess the solvency of legal entities and individuals in order to prevent the occurrence of overdue debts and develop scoring programs;
3) on the basis of a contract for the recovery of overdue debts with the creditor, enter into an agreement with the debtor on the restructuring of overdue debts;
4) perform other actions that do not contradict the legislation of the Russian Federation.
2. Along with the duties provided for in article 8 of this Federal law, entities debt collection activities are also required:
1) inform the debtor about opening a separate Bank account, in accordance with the contract for the recovery of arrears, and the details of the account opened for the purpose of obtaining funds from the debtor or other persons in order to repay the debt of the debtor to the creditor;
2) provide the creditor and the debtor with information about membership in the self-regulating organization of collectors;
3) provide, at the request of the creditor or the debtor, an extract from the register of members of the self-regulating organization of collectors, certified by the self-regulating organization of collectors, of which the subject of collection activity is a member.
3. When a collection entity collects overdue debt, the parties to the collection agreement shall have the right to provide for the right of the collection entity to accept funds received from the debtor or other persons for the purpose of paying off the debtor's debt to the creditor in a separate bank account specified in the agreement opened by the collection entity solely for the purpose of receiving funds for the purpose of paying off the debtor's debt to the creditor. The use of the specified bank account for other purposes is not allowed. The funds held in the specified account may not be foreclosed on the obligations of the subject of collection activity.
Funds received from the debtor or other persons in favor of the debtor for the repayment of overdue debts to the creditor, minus the commission (remuneration of the subject of collection activities) and other payments agreed in the contract or arising from the law, are transferred to the creditor.
If there is no provision in the contract for the collection of overdue debts for a separate bank account with the subject of collection activities, the funds for the repayment of overdue debts must be transferred to the relevant accounts of the creditor, followed by the payment of remuneration by the creditor to the subject of collection activities in the manner and under the conditions specified in the contract for the collection of overdue debts.
In the contract for the collection of overdue debts, the parties may provide for both the right of the subject of collection activities to accept funds received from the debtor or other persons for the purpose of repayment of the debtor's debt to the creditor in a separate bank account, and the ability of the creditor to directly receive funds from the debtor or other persons in favor of the debtor for the repayment of overdue debts to the creditor.
If the debtor refuses to transfer funds to repay the overdue debt to the creditor to a separate bank account opened by the subject of collection activities, the debtor transfers such funds to the creditor's account.
4. The subject of collection activity has the right to receive from the creditor a credit report on the debtor available to the creditor, information on the operations of debtors-legal entities and individual entrepreneurs, individuals, personal data of debtors-individuals, reported by them at the conclusion of contracts from which the overdue debt arose.
If the credit institution (creditor) has the debtor's consent to the processing of his personal data, unless otherwise provided by the contract or federal law, such consent of the debtor also applies to the subject of collection activities with which the creditor has concluded a contract for the collection of overdue debts.
The subject of collection activity is obliged to keep bank secrecy and ensure the confidentiality of personal data received from the creditor on the basis of a contract for the collection of overdue debts, and also bears responsibility, established by the legislation of the Russian Federation, for the violation of such an obligation.
For the disclosure of bank secrecy, the subjects of collection activities, as well as their officials and their employees, are responsible, including compensation for the damage caused, in accordance with the procedure established by federal law.
5. If the information specified in part 4 of this article was transferred to the subject of collection activity in connection with the assignment of claims to the debtor, the subject of collection activity has the right to transfer the specified information to the new creditor in the subsequent assignment of rights (claims).

Article 13. Provision of information at the request of the subject of collection activity

1. State authorities, local self-government bodies, the Central Bank of the Russian Federation, enterprises, institutions, organizations, regardless of their forms of ownership, and their officials are required to provide, at the request of subjects of collection activities, information necessary for the implementation of collection activities, including to ensure the repayment of overdue debts by the debtor, determining the location of the debtor, the debtor's solvency, the presence of movable or immovable property belonging to the debtor, and other information, provided for by this Federal Law, with the exception of information that constitutes a secret protected by law.
The subject of collection activity may not be denied the provision of publicly available information and information contained in state and municipal registers, except in cases provided for by the legislation of the Russian Federation.
2. The request for information is made in writing. The request must contain information confirming the creditor's consent to the request for information by the recoverer, as well as information about the creditor (full and abbreviated name, location, TIN, OGRN, contact phone number – for legal entities, last name, first name, patronymic, place of residence, contact phone number – for individuals).
Based on the results of the review of the request for information, the subject of collection activity is sent either the requested information or a notification of refusal to provide information within ten working days from the date of receipt of such a request.
Refusal to provide information is possible only if it contains information that constitutes a state, commercial or other secret specially protected by law.
The notification of refusal to provide information must specify: the
grounds for refusal to provide the relevant information;
official who refuses to provide information;
date of the decision to refuse.
3. The provision of information specified in this article in accordance with the procedure provided for by this Federal Law does not constitute a violation of official, banking, tax, commercial or other secrets protected by law.

Article 14. Professional secrecy of subjects of collection activity

 

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CHAPTER V. REGULATION OF COLLECTION ACTIVITIES,
SELF-REGULATING ORGANIZATIONS OF COLLECTORS

Article 15. Regulation of collection activities and activities of self-regulating organizations of collectors

Authorized executive body:
1) adopt, within its competence, normative legal acts regulating the activities of collection entities, their unions( associations), self-regulating organizations and other associations of collectors;
2) defines the order:
maintaining the unified state register of subjects of collection activity on the basis of information received from self-regulating organizations of collectors;
maintaining the unified state register of self-regulating organizations of collectors, including the procedure and grounds for including information about non-profit organizations in the unified state register of self-regulating organizations of collectors and excluding information about non-profit organizations from the unified state register of self-regulating organizations of collectors;
control (supervision) over the implementation by self-regulating organizations of collectors of the provisions of this Federal Law, other federal laws and other regulatory legal acts;
the procedure for posting on the Internet information from the unified state register of self-regulating organizations of collectors and the unified state register of subjects of collection activity,
3) performs other functions provided for by this Federal Law.

Article 16. State control (supervision) over the activities of self-regulating organizations of collectors

1. Control (supervision) over the activities of self-regulating organizations of collectors is carried out by the control (supervision) body in accordance with the procedure established by the authorized body.
The subject of control (supervision) of the control (supervision) body is the compliance of self-regulating organizations of collectors with the requirements of this Federal Law, other federal laws, and other regulatory legal acts of the Russian Federation regulating the activities of self-regulating organizations of collectors.
2. Control (supervision) is carried out by conducting scheduled and unscheduled inspections.
3. The planned inspection of the activities of the self-regulating organization of collectors is carried out by the control (supervision) body once every three years.
4. An unscheduled inspection of the activities of a self-regulating organization of collectors is carried out by a decision of the control (supervision) body on the basis of a reasoned complaint about the actions (inaction) of a self-regulating organization of collectors or its members that violate the requirements of this Federal Law, other federal laws and regulatory legal acts of the Russian Federation. An unscheduled audit of the activities of a self-regulating organization of collectors may be conducted on the basis of the materials of the audit of the activities of the subject of collection activity, which is a member of the self-regulating organization.
5. The control (supervision) body is obliged to inform the self-regulating organization of collectors in writing about the decision made on the results of the audit within three working days from the date of making this decision.
The decision of the control (supervision) body, adopted on the basis of the results of the audit of the activities of the self-regulating organization of collectors, may be appealed in court.
6. In the event of a violation of the requirements established by this Federal Law, the control (supervision) body sends an order to the self-regulating organization of collectors to eliminate such a violation, indicating the period for its implementation, the duration of which may not be more than two months from the date of issuing this order.
The order of the control (supervision) body on the elimination of such a violation may be appealed by the self-regulating organization of collectors in court.
7. In case of non-compliance with this regulation within the prescribed period, the control (supervision) body is obliged to apply to the court within three months from the date of the end of the term for the implementation of this regulation with an application for the exclusion of information about a non-profit organization from the unified state register of self-regulating organizations of collectors.
8. Information about a non-profit organization that unites subjects of collection activities is subject to exclusion from the unified state register of self-regulating organizations of collectors by a decision of the Federal Tax Service of the Russian Federation.:
1) the control (supervision) body on the basis of the application of the self-regulating organization of collectors in the event that the members of the self-regulating organization of collectors or the court make a decision on its liquidation;
2) the court on the basis of the application of the control (supervision) body in the event that a self-regulating organization of collectors has violated the requirements of this Federal Law, other federal laws, and other regulatory legal acts of the Russian Federation more than twice during the year, if this violation has not been eliminated or is irremediable.
The application of the control (supervision) body for the exclusion of information about a non-profit organization from the unified state register of self-regulating organizations of collectors is submitted to the court at the place of maintenance of the unified state register of self-regulating organizations of collectors.
9. If information about a non-profit organization that unites subjects of collection activity is subject to exclusion from the unified state register of self-regulating organizations of collectors by a court decision, information about a non-profit organization is considered to be excluded from the unified state register of self-regulating organizations of collectors from the date of entry into force of the court decision on the exclusion of such information from the specified register.

Article 17. Self-regulating organizations of collectors

1. The activities of self-regulating organizations of collectors are regulated by this Federal Law, as well as by the Federal Law
"On Self-Regulating Organizations".
2. The status of a self-regulating organization of collectors is acquired by a non-profit organization from the date of inclusion of information about a non-profit organization in the unified state register of self-regulating organizations of collectors.
3. The basis for the inclusion of information about a non-profit organization in the unified state register of self-regulating organizations of collectors is the fulfillment of the following mandatory requirements:
1) the existence of a compensation fund formed in the amount and in the manner established by Article 27 of this Federal Law;
2) the existence of standards and rules of professional activity of subjects of collection activity developed in accordance with the requirements of this Federal Law and which are mandatory for the members of the self-regulating organization of collectors;
3) the establishment of management bodies and specialized bodies of the self-regulating organization of collectors, whose functions and competence meet the requirements provided for in Article 22 of this Federal Law.
4. A self-regulating organization of collectors has the right to establish branches and representative offices, including regional ones.
5. The self-regulating organization of collectors cannot be reorganized.
6. A non-profit organization loses the status of a self-regulating organization of collectors from the date of exclusion of information about a non-profit organization from the unified state register of self-regulating organizations of collectors.

Article 18. Functions, rights and obligations of a self-regulating organization

1. A self-regulating organization performs the following functions:
1) develop and establish, in accordance with this Federal Law, other federal laws and other regulatory legal acts, rules and standards that are mandatory for members of a self-regulating organization;
2) organizes training for employees of collection entities that are members of a self-regulating organization;
3) develops and establishes the conditions for membership in the self-regulating organization of collectors, including the conditions for admission to the self-regulating organization and termination of membership in the self-regulating organization;
4) exercise control over the activities of its members in terms of their compliance with the requirements of the legislation of the Russian Federation, the provisions of their charters, rules and standards of the self-regulatory organization;
5) considers complaints about actions (inaction) its members;
6) maintain a register of collection entities-members of a self-regulating organization and provide any interested person with the information contained in this register in accordance with the procedure established by the charter of the self-regulating organization;
7) performs other functions provided for by this Federal Law, other federal laws, other regulatory legal acts and the charter of the self-regulating organization of collectors.
2. In accordance with the functions established by this Federal Law, a self-regulating organization of collectors has the right to:
1) represent the interests of the members of the self-regulating organization of collectors in their relations with the state authorities of the Russian Federation, the state authorities of the subjects of the Russian Federation, and local self-government bodies;
2) appeal on its own behalf, in accordance with the procedure established by the legislation of the Russian Federation, any acts, decisions and (or) actions or omissions of state authorities of the Russian Federation, state authorities of subjects of the Russian Federation, local self-government bodies and their officials that violate the rights and legitimate interests of a self-regulating organization, its member or members, or create a threat of such violation;
3) request from the state authorities of the Russian Federation, the state authorities of the subjects of the Russian Federation, and local self-government bodies the information necessary for the self-regulatory organization to perform the functions assigned to it by federal laws, and receive such information from these bodies in accordance with the procedure established by federal laws;
Article 19. Provision of access to information by a self-regulating organization of collectors

A self-regulating organization of collectors is obliged to publish information in the mass media and place it in public information and telecommunications networks, including on its own website on the Internet.:
1) the composition of its members;
2) on the compensation fund of the self-regulating organization of collectors (the amount of property that makes up the compensation fund, on the investment declaration of the compensation fund, on the facts of foreclosure on the property of the compensation fund), on other methods used to ensure the property liability of members of the self-regulating organization of collectors;
3) on the subjects of collection activities that have terminated their membership in a self-regulating organization, and on the grounds for termination of their membership;
4) on the conditions of membership in the self-regulating organization of collectors;
5) on the content of the rules and standards of the self-regulating organization of collectors;
6) on the structure and competence of the management bodies and specialized bodies of the self-regulating organization of collectors;
7) on cases of bringing members of the self-regulating organization of collectors to responsibility for violating the requirements of the legislation of the Russian Federation, the rules and standards of the self-regulating organization of collectors;
8) other information provided for by federal laws and the charter of the self-regulating organization of collectors.

Article 20. Disclosure of information of a self-regulating organization of collectors

The self-regulating organization of collectors is obliged to post on its website the constituent documents of the self-regulating organization, the standards and rules of professional activity, the terms of membership in the self-regulating organization, the procedure for terminating membership in the self-regulating organization, the register of members of the self-regulating organization (including information about members of the self-regulating organization), the list of persons who are registered in the self-regulating organization in compliance with the requirements of federal laws for the protection of information (including personal data)., excluded from the membership of a self-regulating organization for violating the requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, standards and rules of professional activity for the last three years of the self-regulating organization, and information:
1) on the structure and competence of the management bodies and specialized bodies of the self-regulating organization;
2) on the decisions taken by the general meeting of members of the self-regulating organization and the collegial management body;
3) about the claims and applications filed by the self-regulating organization in the courts;
4) on the annual financial statements of the self-regulatory organization and the results of its audit;
5) on the existence of facts of the application of disciplinary measures in relation to the members of the self-regulating organization;
6) on the non-compliance of the self-regulating organization with the requirements of this Federal Law, including the date of occurrence of the non-compliance of the self-regulating organization with the requirements of this Federal Law, on the measures planned and (or) taken by the self-regulating organization to eliminate such non-compliance;
7) on the conditions, methods and procedure for ensuring the responsibility of the members of the self-regulating organization;
8) on the compensation fund of the self-regulating organization (the amount of the property constituting the compensation fund, the investment declaration of the compensation fund, the facts of foreclosure on the property of the compensation fund);
9) about the management company with which the self-regulatory organization has concluded a contract (name, location of the management company, information about the license and contact phone number);
10) on the dates and results of the self-regulatory organization's inspections of the activities of the members of the self-regulatory organization.
The documents and information specified in this article are posted on the website of the self-regulatory organization on the Internet within fourteen days from the date of approval of the relevant documents or the occurrence or change of the relevant information.

Article 21. Bodies of self-regulating organizations of collectors

The structure of the bodies of the self-regulating organization of collectors, the competence and terms of their powers, the procedure for their decision-making are established by the constituent and internal regulatory documents of the self-regulating organization of collectors in accordance with the legislation of the Russian Federation on self-regulating organizations. The procedure for forming the bodies of the self-regulating organization of collectors, including the requirement for the number of independent members of the permanent collegial governing body of the self-regulating organization of collectors, is determined by the charter of the self-regulating organization of collectors.

Article 22. Management bodies and specialized bodies of self-regulating organizations of collectors

1. The structure, formation procedure, competence and term of office of the management bodies of the self-regulating organization of collectors, the procedure for their decision-making shall be established by the charter of the non-profit organization, internal documents of this self-regulating organization in accordance with the Federal Law "On Self-regulating Organizations", this Federal Law and other federal laws.
2. In a self-regulating organization of collectors, a collective management body consisting of at least seven people and a sole executive body is formed.
The members of the collective management body may not include state and municipal employees.
3. The competence of the collegial management body includes:
approval of standards and rules of professional activity, making changes to them;
making a decision on the admission of a person to the membership of a self-regulating organization and on the exclusion from the membership of a self-regulating organization on the grounds provided for by this Federal Law, the charter of a non-profit organization;
approval of the rules for monitoring compliance by members of a self-regulating organization with the requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, and the rules of business and professional ethics;
creation of specialized bodies of a self-regulating organization, approval of their regulations and rules for the implementation of their activities;
appointment of an audit organization to check the accounting and financial (accounting) statements of a self-regulating organization, making decisions on conducting audits of the activities of the executive body of the self-regulating organization;
submission to the general meeting of members of the self-regulating organization of a candidate or candidates for appointment to the position of the sole executive body of the self-regulating organization;
establishment of qualification requirements for the head of the body that monitors the professional activities of members of the self-regulating organization of collectors.
4. The competence of the executive body of the self-regulating organization of collectors includes issues of economic and other activities of the self-regulating organization of collectors that are not within the competence of the general meeting of members of the self-regulating organization of collectors and its collegial management body.
5. To ensure the implementation of the rights and obligations defined by this Federal Law, a self-regulating organization of collectors is obliged to form the following bodies: a
body for reviewing cases on the application of disciplinary measures against members of a self-regulating organization;
a body that monitors the compliance of members of a self-regulating organization with the requirements of federal laws, other regulatory legal acts of the Russian Federation, rules and standards of professional activity of a self-regulating organization of collectors.
6. The procedure for considering complaints about the actions of members of a self-regulating organization of collectors, cases of violation by subjects of collection activities-members of a self-regulating organization of the requirements of federal laws, other regulatory legal acts of the Russian Federation, rules and standards of professional activity and disciplinary measures shall be determined in accordance with this Federal Law and internal documents of the self-regulating organization.
7. The body for reviewing cases on the application of disciplinary measures against members of a self-regulating organization of collectors considers cases on violations by members of a self-regulating organization of the requirements of federal laws, other regulatory legal acts of the Russian Federation, rules and standards of professional activity and on the application of disciplinary measures to subjects of collection activities.
8. The body for considering cases on the application of disciplinary measures against members of a self-regulating organization of collectors is obliged to invite to its meeting a member of the self-regulating organization, in respect of which the case on the application of disciplinary measures is being considered, as well as persons who have filed a complaint against the actions of this member of the self-regulating organization.
9. The body for consideration of cases on the application of disciplinary measures against members of a self-regulating organization of collectors has the right to make a decision on the application of the following disciplinary measures:
1) issuing an order obliging a member of the self-regulating organization of collectors to eliminate the identified violations and within a certain period of time;
2) issuing a warning to a member of a self-regulating organization of collectors with a public notification of this;
3) imposing a fine on a member of a self-regulating organization of collectors in the amount established by the internal documents of the self-regulating organization;
4) making a recommendation on the exclusion of a person from the members of the self-regulating organization of collectors, subject to review and approval by the collegial management body;
5) other measures established by the internal documents of the self-regulating organization.
The decisions provided for in sub-paragraphs 1-3 and 5 of this part shall be adopted by a majority of the total number of votes of the members of the body present at the meeting on the application of disciplinary measures against members of the self-regulating organization and shall enter into force from the date of their adoption by the body for the consideration of cases on the application of disciplinary measures against members of the self-regulating organization. The decision provided for in subparagraph 4 of this part is adopted by a three-quarters majority of the total number of votes and enters into force from the moment of its approval by the collegial management body.
10. Decisions of the body for the consideration of cases on the application of disciplinary measures against members of the self-regulating organization of collectors may be appealed to the collegial management body.
Decisions of the collective management body may be appealed to the general meeting of members of the self-regulating organization.

Article 23. Requirements for members of a self-regulating organization of collectors

1. Subjects of collection activity are obliged to join the self-regulating organization of collectors. Subjects of collection activity who are obliged to be members of a self-regulating organization of collectors in accordance with this Federal Law, who have terminated their membership in a self-regulating organization of collectors, are obliged to join another self-regulating organization of collectors. Before joining a self-regulating organization, the subjects of collection activities do not have the right to carry out collection activities.
When carrying out collection activities, the subjects of collection activity are obliged to comply with the requirements of this Federal Law, other federal laws and other regulatory legal acts, as well as the standards and rules of collection activity approved by the self-regulatory organization of collectors, of which he is a member.
2. A legal entity or an individual registered in the territory of the Russian Federation as an individual entrepreneur acquires the status of a subject of collection activity from the moment of joining the self-regulating organization of collectors.
3. A subject of collection activity may be a member of only one self-regulating organization of collectors.
4. In order to become a member of a self-regulating organization of collectors, a person wishing to become a member of a self-regulating organization of collectors must submit:
1) application for joining a self-regulating organization of collectors;
2) notarized copies of the constituent documents (for legal entities);
3) a notarized copy of the certificate of registration of a legal entity or individual registered in the territory of the Russian Federation as an individual entrepreneur with the tax authority;
4) an extract from the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs;
5) other documents provided for by the charter of the self-regulating organization of collectors, the rules and standards of the self-regulating organization of collectors.
5. The conditions of membership in a self-regulating organization of collectors are also the presence of a member of a self-regulating organization of collectors of a liability insurance contract that meets the requirements established by Article 26 of this Federal Law, the payment by a member of a self-regulating organization of collectors of the contributions established by it, including contributions to the compensation fund of a self-regulating organization of collectors.
As mandatory conditions for membership, the self-regulating organization of collectors establishes that a person who wants to join a self-regulating organization of collectors, who is an individual entrepreneur, or the managers (including the sole executive body) of a person who wants to join a self-regulating organization of collectors, does not have a penalty in the form of disqualification for committing an administrative offense or in the form of deprivation of the right to hold certain positions or engage in certain activities for committing a crime; the absence of a criminal record for committing an intentional crime.
Employees of the subject of collection activities engaged in the collection of overdue debts must also have no criminal record for committing an intentional crime.
A self-regulating organization of collectors, when accepting membership in a self-regulating organization of collectors, has the right to make other requirements related to the implementation of collection activities that do not contradict this Federal Law and other federal laws, including requirements for the qualification, integrity and independence of subjects of collection activities.
6. The collective management body of the self-regulating organization of collectors shall make a decision on the admission of the subject of collection activity as a member of the self-regulating organization of collectors within ten working days from the date of receipt from the person wishing to become a member of the self-regulating organization of collectors, an application for membership in the self-regulating organization of collectors and the necessary documents specified in part 4 of this article.
7. During the period of membership in the self-regulating organization of collectors, the subject of collection activity is obliged to comply with the conditions of membership established by the self - regulating organization in accordance with parts 4-5 of this Article. The procedure for confirming the compliance of the subject of collection activity with the conditions of membership in a self-regulating organization is established by the self-regulating organization.
A member of a self-regulating organization that does not meet the conditions of membership in a self-regulating organization is excluded from its membership within one month from the date of detection of such non-compliance.
From the date of detection of non-compliance of the subject of collection activity with the requirements established by this article, the activity of such subject of collection activity is suspended in accordance with the procedure established by Article 24 of this Federal Law.
8. The decision to accept a person as a member of a self-regulating organization of collectors shall enter into force from the date of submission by such person to the self-regulating organization of documents confirming the fulfillment of all the conditions of membership in this organization established in accordance with part 4 of this Article.
If the person in respect of whom the decision to become a member of a self-regulating organization is made does not fulfill the specified conditions of membership in the self-regulating organization within two months from the date of making such a decision, it is recognized as canceled.
9. Information about a person accepted as a member of a self-regulating organization of collectors shall be included in the register of members of the self-regulating organization within three working days from the date of entry into force of the decision to admit such a person as a member of the self-regulating organization. Within ten working days from the date of inclusion of information about such a person in the register of members of the self-regulating organization of collectors, a document on membership in the self-regulating organization is issued to him.
The fact of membership in the self-regulating organization of collectors is confirmed by the certificate.
The form, procedure and conditions for issuing certificates of membership in the self-regulating organization of collectors, their validity period, and additional requirements for members are determined by the self-regulating organization of collectors according to the rules established by the current legislation and the charter of the self-regulating organization of collectors.
10. In case of non-compliance of a person with the requirements established by the terms of membership in the self-regulating organization of colletors, the permanent collegial governing body of the self-regulating organization makes a decision to refuse to accept such a person as a member of the self-regulating organization, indicating the reasons for the refusal.
The decision to refuse to accept a person as a member of a self-regulating organization is sent to such a person within ten working days from the date of making this decision.
The decision to refuse to accept a person as a member of a self-regulating organization or the evasion of a self-regulating organization from making a decision on admission or refusal to become a member of this organization may be appealed to the arbitration court within six months from the date of making this decision or the date when this decision should have been made.
11. The grounds for refusal to accept collectors as members of a self-regulating organization are: non-
compliance of a person with the requirements established by this Federal Law;
non-compliance of the person with the requirements approved by the self-regulating organization of collectors for membership in the self-regulating organization;
exclusion of a person from the membership of a self-regulating organization of collectors for violating the requirements of this Federal Law, adopted in accordance with it, regulatory legal acts of the Russian Federation, if less than three years have passed since the date of exclusion from the membership of a self-regulating organization of collectors.
12. When interacting with a self-regulating organization of collectors, of which he is a member, the subject of collection activity is also obliged to:
1) submit information about the concluded liability insurance contract to the self-regulating organization;
2) to provide access to any documents and materials, including those that constitute a commercial secret, at the request of the self-regulating organization of collectors, at the request of the self-regulating organization of collectors, provided that the self-regulating organization of collectors has previously obtained the consent of the owner of the legally protected secret (information), including in the form of a written request to verify the legality of the implementation of collection activities by the relevant subject of collection activities;
3) provide a self-regulatory organization of collectors, of which the subject of collection activity is a member, with a report on the collection activity carried out. The composition of such a report is determined by the self-regulatory organization of collectors, but it may not contain information that constitutes personal data, commercial or other legally protected secrets;
4) in cases provided for by the legislation of the Russian Federation, provide copies of the stored certificates, reports and other documents or the information contained therein to law enforcement, judicial, or other authorized state bodies upon their request.

Article 24. Suspension and termination of membership in a self-regulating organization of collectors

1. The membership of the subject of collection activity is suspended by the decision of the self-regulating organization of collectors:
1) at the request of the subject of collection activity;
2) by the decision of the self-regulating organization of collectors, of which the subject of collection activity is a member, for the period necessary for making a decision on the exclusion of the subject of collection activity from the members of the self-regulating organization of collectors, but not for more than three months.
3) in case of non-compliance with one of the requirements provided for by this Federal Law, for the period necessary to eliminate the reasons that caused the non-compliance with the specified requirements;
4) in violation of the principles of the implementation of activities for the collection of overdue debts.
Suspension of the membership of the subject of collection activity in the self-regulating organization of collectors suspends the activity of collecting overdue debts for a period until the decision is made by the self-regulating organization of collectors, but not for more than three months.
The suspension of the membership of the subject of collection activity in the self-regulating organization of collectors is the basis for the creditor's unilateral termination of the contract for the collection of overdue debts.
2. The restoration of the activity of the subject of collection activity is carried out after the elimination of the reasons that caused the decision of the self-regulating organization of collectors to suspend the activity of the subject of collection activity within a period of no more than three months from the date of the decision.
3. Membership in the self-regulating organization of collectors is terminated in the following cases::
1) voluntary withdrawal of a member of the self-regulating organization of collectors from the self-regulating organization of collectors;
2) exclusion from the members of the self-regulating organization of collectors by the decision of the self-regulating organization of collectors;
3) termination of the activity of an individual as an individual entrepreneur-a member of a self-regulating organization of collectors or liquidation of a legal entity-a member of a self-regulating organization of collectors;
5) the death of an individual-a member of a self-regulating organization of collectors.
In the case provided for in subparagraph 1 of this part, membership in a self-regulating organization of collectors is terminated from the date of receipt by the self-regulating organization of collectors of the application of a member of the self-regulating organization for the voluntary termination of his membership in this organization.
4. The self-regulating organization of collectors decides to exclude the subject of collection activity from the members of the self-regulating organization in the following cases::
1) revealing the fact of providing false information when joining a self-regulating organization of collectors;
2) repeated within one year or gross violation by the subject of collection activity of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as the rules of business and professional ethics in the implementation of collection activities;
3) violations of the rules (standards) of the collection activity defined by the self-regulating organization of collectors, of which the subject of collection activity is a member, more than twice within one year.
5. The self-regulating organization of collectors, no later than the day following the day of the decision to suspend the status of the subject of collection activity and (or) to terminate the membership of the subject of collection activity in the self-regulating organization of collectors, is obliged to post information about such a decision on the official website of the self-regulating organization of collectors on the Internet. The self-regulating organization of collectors within the period specified in this article is also obliged to send a copy of the decision to terminate or suspend the membership of the subject of collection activity: to the
person in respect of whom the decision to terminate the membership in the self-regulating organization of collectors was made;
to the control (supervision) body.
6. Upon termination of the membership of the subject of collection activity, the latter must, within five working days, hand over to the self-regulating organization of collectors, in which the membership of this subject of collection activity was terminated, a certificate of membership in the self-regulating organization of collectors.
7. Termination of membership leads to the termination of collection activities and the loss of the status of the subject of collection activities.

Article 25. Responsibility of the subjects of collection activity

The subject of collection activity is obliged to compensate the debtor, the creditor with whom the contract for the implementation of collection activities is concluded, and other persons for losses that are caused as a result of the implementation of collection activities and the fact of causing which is established by a court decision that has entered into legal force.
The standards and rules of professional activity may establish additional requirements for ensuring the property liability of subjects of collection activities as a result of the implementation of collection activities.

Article 26. Liability insurance of collection entities

1. The contract of insurance of the liability of the subject of collection activity for causing losses to debtors, creditors and other persons in connection with the non-performance or improper performance by the subject of collection activity of the requirements of the legislation of the Russian Federation, rules and standards of collection activity in the implementation of its collection activity must be concluded with the insurance company, for a period of not less than a year, with the condition of its renewal for the same period.
2. The object of liability insurance of the subject of collection activity is the property interests of the subject of collection activity related to its obligation to compensate losses to the creditor, debtor and (or) other persons in connection with the non-fulfillment or improper fulfillment by the subject of collection activity of the requirements of the legislation of the Russian Federation, rules and standards of collection activity in the implementation of collection activities.
3. The insured event under the liability insurance contract is the occurrence of the liability of the subject of collection activity to the creditor, debtor and (or) third parties confirmed by a court decision that has entered into legal force in connection with the non-performance or improper performance by the subject of collection activity of the requirements of the legislation of the Russian Federation, rules and standards of collection activity in the implementation of collection activities, in connection with non-performance or improper performance as a result of:
disclosure of confidential information about creditors, debtors and third parties that became known to the subject of collection activity in the course of carrying out collection activities;
commission of actions contrary to this Federal Law in relation to the debtor, creditor and third parties;
damage or loss of documents confirming the obligations of the debtor to the creditor and held by the subject of collection activities;
sending a notification of the existence of a debt to a person who is not a debtor, or sending information about the debt that does not correspond to reality to the debtor;
performing other actions defined by the contract between the subject of collection activity and the insurer.
4. The insurance rates under the liability insurance contract are determined by the insurer taking into account the circumstances that affect the degree of risk of liability of the subject of collection activity, including the length of service of collection activity and the number of previous insured events.
The amount of the insurance amount under the liability insurance contract must not be less than two million rubles per year.
Chapter VI. FINAL PROVISIONS

Article 28. Final provisions
1. The control (supervision) body shall exercise control (supervision) over the activities of the subjects of collection activity until the expiration of the period established by this Federal Law for fulfilling the requirement for the entry of subjects of collection activity into self-regulating organizations of collectors.
2. In relation to the subjects of collection activities that have not joined the members of the self-regulating organization of collectors, the control (supervision) body shall exercise the powers provided for the self-regulating organizations of collectors.

Article 29. Procedure for the entry into force of this Federal Law

1. This Federal Law shall enter into force 10 days after the date of its official publication, with the exception of part 1 of Article 20 of this Federal Law.
2. The provision of part 4 of Article 12 of this Federal Law regarding the extension of the consent given by the debtor of a credit institution to the processing of his personal data to the subject of collection activities shall apply only to contracts containing such consent concluded after the entry into force of this Federal Law.
3. Part 1 of Article 23 of this Federal Law shall enter into force one year after the date of entry into force of this Federal Law.

 

[Детективное агентство Москва.]

Clou, intéressant. Les avocats et les membres actifs de la NAPCA ont participé activement à l'élaboration de cette loi.
Il est seulement intéressant de voir la loi déjà adoptée.

 

[Anonymous]

L'organe de contrôle (supervision) est l'organe exécutif fédéral autorisé par le gouvernement de la Fédération de Russie à exercer les fonctions de contrôle (supervision) des activités des organismes de collecte autoréglementés;

C'est juste à cause de ce paragraphe, que le projet de loi ne passera pas l'examen de la corruption: lol :: lol :: lol :.
Mais sérieusement, alors s'il vous plaît Nail, s'il y a une justification économique et juridique pour ce projet, exposez ... Il devrait indiquer combien de remorqueurs budgétaires quitteront le trésor de la Fédération de Russie pour promulguer la loi ...

 

[Anonymous]

Et pourtant, cette loi vous permet de manipuler les dettes, ce qui peut conduire la Russie à un effondrement financier, comme cela s'est produit il y a trois ans en Amérique, et maintenant, par la faute des Américains, elle menace l'Union européenne d'un effondrement politique et financier. La mise en œuvre d'une telle loi pourrait conduire à l'effondrement des relations dans la CEI. Vous voulez probablement aller à Sakha-Yakoutie avec un visa ...: lol :: lol :: lol:

 

[Детективное агентство Тула]

Informatif.

 

[Частный детектив Нижний Новгород]

Je suis d'accord avec Andrew!. Cette loi ne peut pas être adoptée.

 

[Плотников Юрий Михайлович]

Je suis complètement d'accord avec Andrey et Vladimir!