Registration N 20741.
On the basis of Article 184 9 Federal Law dated October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)" (Meeting of Legislation Russian Federation, 2002, N 43, Art. 4190; 2010, N 17, Art. 1988) order:
approve the attached transfer insurance portfolio When applying measures to prevent bankruptcy insurance organization, as well as during the procedures applied in the bankruptcy case of the insurance organization.
Vice-chairman
Government of the Russian Federation -
Minister of Finance of the Russian Federation A. Kudrin
The procedure for the transfer of the insurance portfolio in the application of measures to prevent bankruptcy insurance organization, as well as during the procedures applied in the bankruptcy case
I. General provisions
1. This procedure is developed on the basis of Article 184 of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)" (Meeting of the Legislation of the Russian Federation, 2002, N 43, Art. 4190; 2010, N 17, Art. 1988) (hereinafter referred to as the Federal Law "On Insolvency (Bankruptcy)").
2. This procedure establishes:
the procedure for the transfer of the insurance portfolio of the insurance organization in a separate type of insurance or several types of insurance (including by types of insurance, on which the implementation is envisaged compensatory payments Due to the application to the insurer, the procedure applied in the bankruptcy case, or feedback from the insurer license to carry out insurance activities) in the application of measures to prevent bankruptcy insurance organization, as well as during the procedures applied in the bankruptcy case;
the procedure for the fulfillment of obligations under insurance contracts detected after the transfer of the insurance portfolio of the insurance organization and not transmitted in its composition;
the procedure for fulfilling the obligations of the management insurance insurance organization;
features of the transfer of the insurance portfolio by types of insurance, which provides for the implementation of compensation payments;
the procedure for the choice of the management insurance insurance organization by type of insurance, which provides for the implementation of compensation payments;
the procedure and conditions for compensation for the professional association of insurers of the missing part of the assets of the management insurance insurance organization;
the procedure and timing of the return to the professional association of insurers of the balance of funds intended to finance the compensation payments transferred to the management insurance insurance organization and not used by this managing insurance organization to fulfill obligations under insurance contracts.
3. Insurance portfolio of the insurance organization in a separate type of insurance or several types of insurance (including the types of insurance, which provides for the implementation of compensation payments due to the application to the insurer of the procedure applied in the bankruptcy case, or feedback to the insurer licenses for insurance activities) may be transferred to another insurance organization or insurance organizations (hereinafter referred to insurance organization).
4. Transmission of the insurance portfolio is issued by the contract concluded by the insurance organizations in accordance with the requirements of the legislation of the Russian Federation (hereinafter referred to as an insurance portfolio transmission agreement).
5. The transfer of the insurance portfolio is subject to coordination with the federal executive body that performs functions to control and oversight in the field of insurance activity (insurance case) (hereinafter referred to as the insurance supervisory body), in the manner prescribed by the head of the VII of this Procedure.
II. Decision on the transfer of the insurance portfolio
6. The decision to transfer the insurance portfolio is adopted:
authorized body management (executive body) insurance organization;
in case of suspension of the authorities of the Offices (executive bodies) of the Insurance Organization - the Interim Administration of the Insurance Organization (including in the execution of the obligations of the liquidation commission);
in case of initiation in relation to the insurance organization of the bankruptcy and approval by the Arbitration Court of the Competition Manager - the Competitive Manager.
7. In case of initiation regarding the insurance organization of a bankruptcy case during the activities of the Interim Administration of the Insurance Organization to the date of approval by the Arbitration Court of the Competition Manager, the decision on the transfer of the insurance portfolio takes the Interim Administration.
The decision makers on the transfer of the insurance portfolio, specified in paragraph 6 of this Procedure, then for the purposes of this Procedure, are referred to as "an insurance organization transmitting the insurance portfolio."
8. In the event that the decision on the transfer of the insurance portfolio is adopted by the authorized department of the Office (the executive body) of the insurance organization during the period of the provisional administration, this decision is to be coordinated with the Temporary Administration.
9. The decision to transfer the insurance portfolio is issued in writing. The decision to transfer the insurance portfolio is attached:
a) a list of types of insurance, according to which the insurance portfolio is transmitted;
b) the calculation of the magnitude of insurance reserves under insurance contracts related to the types of insurance on which the insurance portfolio is transmitted to the decision on the transfer of the insurance portfolio;
c) the preliminary calculation of the magnitude of insurance reserves on the estimated date of transfer of the insurance portfolio;
d) a preliminary list of assets that are supposed to be conveyed in the insurance portfolio (indicating their value reflected in the balance sheet);
e) draft agreement on the transfer of the insurance portfolio;
(e) List of activities of the insurance organization for the transfer of the insurance portfolio (indicating the timing of their execution).
10. Information about the decision on the transfer of the insurance portfolio is posted on the website of the insurance organization on the Internet and (or) in periodic prints that apply to the activities of the insurance organization, in other media within three working days from the date of its adoption .
A copy of the decision on the transfer of the insurance portfolio (with applications) is sent to a notification order to the insurance supervisory authority.
When making a decision on the transfer of an insurance portfolio by type of insurance, which provides for the implementation of compensation payments, its copy (with applications) is also sent to the professional association of insurers ( self-regulatory organization Insurers), whose competence of which the legislation of the Russian Federation includes the implementation of compensation payments on such types of insurance (hereinafter referred to as the professional association of insurers).
The professional association of insurers places information on the transfer of the insurance portfolio by the insurance organization transmitting the insurance portfolio, on its website on the Internet within three working days from the date of receipt of a copy of the decision on the transfer of the insurance portfolio.
11. Insurance organizations who want to accept the Insurance Portfolio send proposals to conclude an insurance portfolio of the insurance portfolio of the insurance company transmitting the insurance portfolio. Proposals for the conclusion of an insurance portfolio transmission agreement are compiled in free form and may contain additional terms of the contract for the transfer of the insurance portfolio, except those that are reflected in the project on the transmission of the insurance portfolio.
A copy of the proposal to conclude an agreement on the transfer of the insurance portfolio by types of insurance, which provides for the implementation of compensation payments, is sent by an insurance organization who wants to accept the insurance portfolio into a professional association of insurers.
III. Requirements for the management insurance insurance organization taking an insurance portfolio or its part
12. The insurance portfolio is transmitted to the management insurance insurance organization that meets the following requirements:
a) the license for the implementation of those types of insurance on which the insurance portfolio is transmitted;
b) compliance with the requirements financial Sustainability and solvency established by insurance legislation;
c) Availability own funds in the amount sufficient to comply with the regulatory ratio of own funds and received obligations After taking the insurance portfolio.
IV. The procedure for choosing a management insurance insurance organization by type of insurance, which provides for compensatory payments
13. The choice of the management insurance insurance organization during the transfer of the insurance portfolio by types of insurance, which provides for the implementation of compensation payments, is carried out by the professional association of insurers from among the insurance organizations - members of the specified association, who sent proposals to conclude a contract for the transfer of the insurance portfolio and meet the requirements of paragraph 12 of this Procedure .
14. Additional conditions and features of the selection of the management insurance insurance organization when transferring an insurance portfolio by type of insurance, on which compensation payments are provided are determined by the rules (standards) professional activity Professional Association of Insurers (hereinafter referred to as the rules (standards) of professional activities) developed in accordance with the legislation of the Russian Federation and coordinated with the federal executive authority, carrying out functions to work out public Policy and regulatory regulation in the field of insurance activity (hereinafter - the insurance regulation body).
In these rules (standards) of professional activity, the following features of the transfer of the insurance portfolio are reflected:
a) the procedure for the interaction between the insurance organization, the management insurance insurance organization and the professional association of insurers;
b) additional conditions and criteria, on the basis of which the selection of the management insurance insurance organization is carried out;
c) the procedure and timing of the decision of the professional association of insurers about the choice of the management insurance insurance organization;
d) the procedure and deadlines for informing the professional association of insurers of the insurance supervisory authority, the public about the choice of the management insurance insurance organization.
15. In the case of the transfer of the insurance portfolio by type of insurance, which provides for the implementation of compensation payments, the professional association of insurers should be placed within the time limits provided for by the Rules (standards) of professional activities, on its own website on the Internet information about the start of the procedure for selecting a management insurance insurance organization containing :
an indication of the fact that the transfer of the insurance portfolio can be carried out under the terms of compensation by the professional association of insurers of the missing part of assets;
conditions for choosing a management insurance insurance organization, including requirements and criteria for them.
16. Upon receipt of the Insurance Organizations - members of the Professional Association of Insurers, proposals for the conclusion of an insurance portfolio transmission agreement, the professional association of insurers assesses the proposals submitted, checks the indicated insurance organizations for compliance with the requirements provided for in this order, as well as additional conditions and criteria established rules (standards) professional activities.
According to the results of the assessment, the professional association of insurers sends to the deadlines established by the rules (standards) of professional activities, each insurance organization wishing to accept the insurance portfolio, notification of conformity or non-compliance with the established requirements (criteria), and initiates the beginning of the coordination of the conditions for compensation for the missing part Assets with selected managerial insurance organizations.
V. The composition of the insurance portfolio
17. In the insurance portfolio of the insurance organization when it turns on:
1) obligations under insurance contracts (in a separate type of insurance or several types of insurance), not fulfilled at the date of the decision on the transfer of the insurance portfolio of the Insurance Organization (insurance reserves) in accordance with the legislation of the Russian Federation regulating insurance;
2) Assets taken to cover insurance reserves formed by the insurer in the manner prescribed by the legislation of the Russian Federation regulating insurance activities.
By types of insurance other than life insurance, the insurance reserves of the transmitted insurance portfolio include a reserve of unrequited award and loss reserves (reserve of claimed, but unresolved losses, reserve, but unequal losses).
According to the types of life insurance, the insurance reserves of the transmitted insurance portfolio include a mathematical reserve, a reserve for maintenance of insurance obligations, a reserve of payments according to declared, but unresolved insurance cases, a reserve of payments for what happened, but not stated insurance cases, a reserve of additional payments (insurance bonuses) Aligning reserve.
18. In order to transfer the insurance portfolio, a list of insurance contracts is drawn up, liabilities for which is supposed to transfer the management insurance insurance organization (hereinafter - the list of insurance agreements).
The list of insurance contracts is compiled separately for each type of insurance included in the transmitted insurance portfolio.
The list of insurance contracts contains the following information:
a) details of insurance contracts (date, number and place of conclusion);
b) the terms of insurance contracts (validity period, insurance period, insurance object, the size of the sum insured and the insurance premium);
c) information about insured, beneficiaries, insured persons;
d) the information necessary to establish the rights of the insurance organization for the transmitted insurance contracts (including the amount of unpaid insurance premium (insurance premiums), the timing of the payment of the insurance premium (insurance premiums), taking into account the delay or installment of payment, the term of delay in the payment of the insurance premium (insurance contributions));
e) the information necessary to establish the responsibilities of the insurance organization under the transmitted insurance contracts (including the amount of insurance payments made, the size of the claimed, but not settled losses);
(e) List of persons to be notified of the replacement of the insurance organization.
19. When transferring the insurance portfolio, obligations under insurance contracts operating at the date of the decision on the transfer of the insurance portfolio, as well as insurance contracts, the term of which has expired on the date of the decision on the transfer of the insurance portfolio, but the obligations under which the insurance organization are not fulfilled in full Volume or partially, together with the rights of payment of insurance premiums (contributions) at the indicated insurance contracts.
20. The cost of assets transmitted as part of the insurance portfolio must comply with the magnitude of the transmitted insurance obligations (insurance reserves), with the exception of the transmission of the insurance portfolio by type of insurance, which provides for compensation payments, when the missing part of assets is compensated by the professional association of insurers.
The cost of assets transmitted in the insurance portfolio must be confirmed by an independent appraiser in the manner prescribed by the legislation of the Russian Federation on appraisal activities.
As part of the transmitted assets must be cash in the amount of at least the amount of losses and payments transmitted as part of the insurance portfolio (reserve of claimed, but unresolved losses, reserve, but unequal losses, the reserve of payments on the declared, but unresolved insurance cases, reserve Payments for what happened, but not stated insured events).
If the management insurance portfolio is adopted by the insurance portfolio by type of insurance, which provides for the implementation of compensation payments, with the missing part of assets, the requirement provided for by paragraph fourth paragraph 12 of this Procedure is not covered, unless otherwise provided by the rules (standards) of professional activities.
21. The insurance organization transmitting the insurance portfolio calculates the amount of insurance reserves corresponding to the transmitted insurance obligations on the estimated date of transferring the insurance portfolio. The managerial insurance organization checks the correctness of the calculation of the size of insurance reserves.
When transferring an insurance portfolio by types of insurance, which provides for compensation payments, with the missing part of assets, in order to confirm the correctness of the calculation of the magnitude of the missing part of assets, the assessment of insurance reserves included in the insurance portfolio must be confirmed by an independent insurance actor.
22. For the convenience of calculating the size of insurance reserves corresponding to the transmitted insurance obligations, the transfer of the insurance portfolio should be carried out on the day following the reporting date on which it is drawn up financial statements.
23. The calculation of the amount of insurance reserves corresponding to the transmitted insurance obligations is made by an insurance organization transmitting the insurance portfolio, on the basis of the provision on the formation of insurance reserves approved by the indicated insurance organization in the prescribed manner.
24. If it is not possible to calculate any of the insurance reserves on the transmitted insurance portfolio due to the fact that the procedure for calculating does not allow it to calculate on individual insurance contracts, it is subject to distribution in the following order:
a) under life insurance agreements - by distributing such a reserve in proportion to the attitude of a mathematical reserve calculated on a separate insurance contract, total amount mathematical reserves under the indicated contracts;
b) under the insurance contracts other than life insurance, by distributing such a reserve in proportion to the ratio of the reserve of an unemployed premium, calculated on a separate insurance contract, to the total amount of reserves of unrequited premiums under the specified agreements.
25. When transmitting an insurance portfolio by type of insurance, which provides for the implementation of compensation payments, the missing part of assets is compensated by the professional association of insurers in accordance with its rules (standards) of professional activities.
Vi. Transfer agreement
insurance portfolio
26. After familiarization with the list of insurance contracts, the management insurance insurance organization, together with the insurance organization, transmitting the insurance portfolio, make up and sign an agreement on the transfer of the insurance portfolio.
27. The transfer agreement on the insurance portfolio is performed in writing.
28. When drawing up a contract for the transfer of the insurance portfolio, the following features are taken into account:
1) a list of insurance contracts, obligations under which the management insurance insurance organization are transferred, the criteria for its formation;
2) Composition, procedure and deadlines for the transfer of insurance contracts, obligations under which the management insurance insurance organization are transmitted, as well as documents reflecting the execution of these insurance contracts (documents confirming the payment of insurance premium (insurance premiums), documents to resolve insurance cases, documents confirming implementation of insurance payments (redemptions)) *;
3) the size of insurance reserves corresponding to the transmitted insurance obligations;
4) the composition and cost of transmitted assets, the term of their transfer;
5) the distribution of the share of the insurance portfolio between several managerial insurance organizations (in case of transmission of the insurance portfolio to several managerial insurance organizations);
6) the timing of the implementation procedures for the insurance portfolio;
7) Other conditions reflecting the features of the transfer of an insurance portfolio that are not contrary to the legislation of the Russian Federation.
When transferring the insurance portfolio by types of insurance, which provides for the implementation of compensation payments, with the missing part of assets, in the agreement on the transfer of the insurance portfolio, it is envisaged in one of the following provisions:
a) consent to accept the insurance portfolio without compensating for the missing part of assets by the professional association of insurers;
b) Consent to accept the insurance portfolio, subject to compensation for the missing part of assets by the professional association of insurers.
29. The Treaty on the transfer of the insurance portfolio comes into effect and is executed by its parties not earlier than the day following the adoption by the adoption by the insurance supervisory authority decision on coordinating the transfer of the insurance portfolio.
VII. Coordination of the transfer of the insurance portfolio with the insurance supervisory authority
30. In order to coordinate the transfer of the insurance portfolio, insurance organizations that signed an agreement on the transfer of the insurance portfolio are submitted to the insurance supervision authority (its central apparatus) Joint statement (hereinafter referred to as an insurance portfolio transfer statement) with the following documents:
a) signed agreement on the transfer of the insurance portfolio;
b) the calculation of the amount of insurance reserves corresponding to the insurance obligations under insurance liabilities under insurance contracts included in the insurance portfolio produced at the date of signing a contract for the transfer of the insurance portfolio;
c) forecast changes in the magnitude of insurance reserves, appropriately transmitted by insurance obligations under insurance contracts included in the insurance portfolio, on the estimated date of transfer of the insurance portfolio;
d) a list of assets that are supposed to be conveyed in the composition of the insurance portfolio (indicating their value at the date of signing a contract for the transfer of the insurance portfolio);
e) a draft notification of insurers and beneficiaries about the transfer of the insurance portfolio with an application list of periodic prints, in which its publication is assumed;
(e) Accounting reports and reporting, submitted in the order of supervision, an insurance organization who transmitting the insurance portfolio compiled at the last reporting date preceding the Day of Directions for the transfer of the insurance portfolio to the insurance supervisory authority;
g) Accounting and reporting, submitted in the supervisory procedure, the management insurance insurance organization, compiled at the last reporting date, preceding the day of the direction of the statement on the transfer of the insurance portfolio to the insurance supervision authority;
h) the calculation of the regulatory ratio of own funds and the adopted obligations of the management insurance insurance organization, compiled at the last reporting date preceding the day of the direction of the application for the transfer of the insurance portfolio to the insurance supervisory authority;
and) the calculation of the regulatory ratio of own funds and the commitments of the management insurance insurance organization, taking into account the obligations adopted as part of the insurance portfolio;
k) when transferring an insurance portfolio by type of insurance, which provides for the implementation of compensation payments, with the missing part of assets - an agreement providing for the obligation of the professional association of insurers to compensate for the management insurance insurance of the missing part of the assets (indicating the amount of compensation).
31. The documents specified in the subparagraphs "Z" - "and" of paragraph 30 of this Procedure are submitted to the insurance supervisory authority in the amount corresponding to the number of insurance portfolio of managers of insurance organizations.
If the rules of insurance of the management insurance insurance organization do not comply with the Insurance Regulations of the insurance organization transmitting the insurance portfolio, in a statement about the transfer of the insurance portfolio should be indicated that the management insurance organization will fulfill the obligations under insurance contracts in accordance with the conditions on which they were concluded. At the same time, the management insurance organization makes the necessary changes to the insurance rules submitted to the insurance supervision authority to obtain a license to carry out insurance, or develops additional insurance rules and in the manner prescribed by insurance legislation directs them to the insurance supervision authority in the order of notification.
32. The insurance supervision authority within ten working days from the date of submission of the documents stipulated by paragraph 30 of this Procedure decides on coordinating the transfer of the insurance portfolio or refusing to coordinate the transfer of the insurance portfolio.
Information on the decision is made by the insurance supervision authority to insurance organizations that have signed the contract (contracts) on the transfer of the insurance portfolio, and the professional association of insurers (when transferring an insurance portfolio by type of insurance, which provides for compensatory payments).
33. The basis for refusal in coordinating the transfer of the insurance portfolio is:
a) the submission of an incomplete set of documents provided for in paragraph 30 of this Procedure;
b) availability in submitted documents submitted documents;
c) the discrepancy between the documents submitted by the legislation of the Russian Federation and regulatory legal acts of the insurance regulation authority;
d) inconsistency of the management insurance insurance for the requirements of financial sustainability established by insurance legislation;
e) the lack of the management insurance insurance insurance of own funds in the amount sufficient to fulfill obligations, taking into account the newly adopted insurance portfolio;
(e) The management insurance organization is a subsidiary (dependent) society in relation to the insurance organization transmitting the insurance portfolio, or an insurance organization that transmits the insurance portfolio is a subsidiary (dependent) society in relation to the management insurance insurance organization.
34. In case of refusal to coordinate the transfer of the insurance portfolio, the insurers are entitled to re-apply to the insurance supervision authority with a statement on the transfer of the insurance portfolio, submitting the documents specified in the sub-paragraphs "a" to "to" paragraph 30 of this Procedure.
35. The provisions of subparagraphs "G" and "D" of paragraph 33 of this procedure do not apply to the transmission of the insurance portfolio with the missing part of assets by types of insurance, which provides for the implementation of compensation payments, if the reason for the inconsistency of the management insurance insurance requirements of sub-clauses "G" and " D "Paragraph 33 of this Procedure is the adoption of such an insurance portfolio.
36. Information on coordination of the transfer of the insurance portfolio is placed by the insurance supervision body on its official website on the Internet within five working days from the date of the decision to coordinate the transfer of the insurance portfolio.
VIII. Notification of transmission
insurance portfolio
37. In the case of coordinating the transfer of the insurance portfolio by the insurance supervision authority, insureders and other persons in favor of which the insurance contracts included in the transmitted insurance portfolio are subject to notification by the insurance organization transmitting the insurance portfolio, about the upcoming transfer of the insurance portfolio of the management insurance insurance organization by publishing notification The transfer of the insurance portfolio of the insurance organization in the manner prescribed by Article 28 of the Federal Law "On Insolvency (Bankruptcy)" (hereinafter - notification of the transfer of the insurance portfolio).
38. The insurance organization that transmits the insurance portfolio publishes a notice of the transfer of the insurance portfolio in periodic prints according to the list of it, and also places it on its own website on the Internet.
39. Notification of the transfer of the insurance portfolio is subject to publication at least a month before the expected date of transferring the insurance portfolio.
40. Notification of the transfer of the insurance portfolio of the Insurance Organization should contain:
a) the name of the insurance organization transmitting the insurance portfolio, its address and identifying the insurance organization (State registration number of the record state registration legal entity, an identification number taxpayer);
b) the basis of the transfer of the insurance portfolio (including information on coordination with the insurance supervision authority of the insurance portfolio);
c) information on the restriction or to suspend the powers of the executive bodies of the insurance organization transmitting the insurance portfolio;
d) the name of the management insurance insurance organization, the address and identifying management insurance organization information (the State Registration Number of the entry on state registration of a legal entity, the taxpayer identification number).
41. During the month from the date of publication of the notification of the transfer of the insurance portfolio in accordance with paragraph 37 of this Procedure, the insurers and beneficiaries are entitled to send to the insurance organization transmitting the insurance portfolio, in writing the requirement to terminate the insurance contract, the obligations to be transmitted.
In the event of termination of the insurance contract, such an insurance contract and the proportional share in the insurance reserves to be transferred are excluded from the insurance portfolio from the moment the insured organization of the specified claim of the insured and (or) beneficiary.
Insured or beneficiaries under insurance contracts that submitted a requirement to terminate the insurance contract in writing have the right to demand from the insurance organization of returning to them part of the paid insurance premium in proportion to the difference between the term for which the insurance contract was concluded, and the term during which he acted or payout payments, unless otherwise provided by federal law.
If the requirement to terminate the contract did not receive within forty-five days from the date of publication of the notice of the transfer of the insurance portfolio in accordance with Article 28 of the Federal Law "On Insolvency (Bankruptcy)", the insurance contract is subject to transmission as part of the insurance portfolio.
IX. Implementation of the transfer of the insurance portfolio and the procedure for executing the obligations of the management
insurance organization
42. The list of insurance contracts, the obligations under which it is intended to be transferred as part of the insurance portfolio should be updated by the insurance organization transmitting the insurance portfolio, as information changes (obtaining a requirement to terminate the insurance contract; termination of the insurance contract; refund of the part of the paid insurance premium due to termination Agreement of insurance or payment of the redemption amount; obtaining an application for an insurance case, payment by the insured premium, payment insurance compensation or the sum insured).
If necessary, the insurance organization transmitting the insurance portfolio conducts activities aimed at clarifying the composition of the insurance portfolio (including the replacement of assets transmitted as part of the insurance portfolio).
After the expiration of the forty-five days from the date of publication of the notification of the transfer of the insurance portfolio in accordance with paragraph 37 of this Procedure, the Insurance organization transmitting the insurance portfolio forms the final list of insurance contracts and produces a total calculation of the amount of insurance reserves to be transferred as part of the insurance The portfolio, and also constitutes the final list of transmitted assets that are subject to coordination with the management insurance insurance organization.
43. After completion of the procedures for the transfer of the insurance portfolio, provided for by the contract on the transfer of the insurance portfolio, an insurance organization that transmits the insurance portfolio and the management insurance insurance organization is drawn up and the act of acceptance and transfer of the insurance portfolio is drawn up.
In the act of receiving the insurance portfolio, the final amount of transmitted insurance reserves is reflected, as defined according to the final list of insurance contracts, and the final list of transmitted assets (indicating their value).
When transferring an insurance portfolio with the missing part of assets (by types of insurance, which provides for the implementation of compensation payments) in the act of acceptance of the insurance portfolio reflects the magnitude of the missing part of assets, subject to compensation to the professional association of insurers, with the application of its calculation.
In the case of the transfer of the insurance portfolio to several insurance organizations, the act of acceptance of the insurance portfolio is drawn up and signed with each management insurance insurance organization according to the distribution of the share of the insurance portfolio defined in accordance with the agreement on the transmission of the insurance portfolio.
44. Since signing the act of receiving the insurance portfolio, all rights and obligations under insurance contracts included in the transmitted insurance portfolio are transferred to the management insurance insurance organization and on the conditions that exist at the time of signing the act of receiving the insurance portfolio.
45. A copy of the act of receiving the insurance portfolio after its signing is submitted to the insurance supervision authority in the order of notification.
When transmitting an insurance portfolio by type of insurance, which provides for compensation payments, a copy of the act of receiving the insurance portfolio is also submitted to the professional association of insurers.
46. \u200b\u200bThe insurance organization who submitted the insurance portfolio, on the conditions agreed by the Parties in the Treaty of Transferring the Insurance Portfolio, is obliged to transfer the managing insurance organization all documents and information relating to the transmitted insurance portfolio entering the insurer who submitted the insurance portfolio after the insurance portfolio is transferred.
47. After signing the act of acceptance of the insurance portfolio, the insurance organization who submitted the insurance portfolio, and the management insurance organization published a message on the completion of the transfer of the insurance portfolio, indicating the information about the management insurance insurance organization and the date of the beginning of the implementation of insurance agreements included in the transmitted Insurance portfolio:
a) on their websites on the Internet;
b) In two periodic prints, the edition of each of which is at least 10 thousand copies and which apply to the activities of the insurance organization that submitted the insurance portfolio and the management insurance insurance organization.
48. Upon three months from the date of signing the act of acceptance of the insurance portfolio, the management insurance organization is obliged to bring the composition and structure of assets in which the means of insurance reserves and own funds are placed, in line with the requirements established by the insurance legislation.
X. The procedure and conditions for compensation for the professional association of insurers of the missing part of the assets of the management insurance insurance organization, the procedure and timing of the return
in a professional association of insurers, the balance of funds intended to finance compensation payments transferred to the management insurance insurance organization
and not used to fulfill obligations under insurance contracts
49. Compensation of the missing part of assets is carried out on the basis of the prisoner between the professional association of insurers and the management insurance insurance organization of the Treaty on compensation for the missing part of assets under the insurance portfolio of insurance for insurance, according to which compensatory payments are provided.
Under the contract for compensation for the missing part of assets, the professional association of insurers undertakes to pay compensation for the management organization of the missing part of assets from funds intended to finance compensation payments, and the management insurance organization undertakes to use these funds exclusively to fulfill obligations under the adopted insurance portfolio.
The agreement on compensation for the missing part of assets is executed after signing the act of receiving the insurance portfolio.
50. The missing part of the assets is compensated by the professional association of insurers of the management insurance insurance organization exclusively with cash.
The obligation to the professional association of insurers to compensate for the management insurance insurance of the missing part of assets should be fulfilled in full no later than ten working days from the date of signing the act of receiving the insurance portfolio.
51. Cash transmitted by the management insurance insurance organization by a professional association of insurers in compensation for the missing part of assets are targeted means (hereinafter also - targets). For these targets, the insurance organization opens a separate account in the bank that meets the requirements of the Rules (standards) of professional activities, and leads on them separate accounting. The management insurance organization begins the use of targets from the moment when the amount of insurance payments made by the management insurance insurance fee on the insurance portfolio will reach the value of assets obtained from the insurance organization, which has passed the insurance portfolio.
52. The remainder of the targets not used by the management insurance insurance organization to fulfill obligations under insurance contracts is returned to the management insurance organization in the professional association of insurers in the manner and deadlines provided for by the rules (standards) of professional activity, no earlier than the expiration of the term of limitation For all transmitted management insurance insurance of insurance contracts included in the transmitted insurance portfolio.
The professional association of insurers and the management insurance organization after the expiration of the limitation period on all transmitted management insurance insurance of insurance contracts included in the transmitted insurance portfolio is carried out reconciling the calculations on all insurance contracts, the execution of which was carried out by the management insurance insurance organization at the expense of targeted funds. If, according to the results, the reconciliation will be discovered that the management insurance organization spent the target funds not in full, the management insurance organization is obliged to return unused funds to the professional association of insurers within five working days from the moment of completion of reconciliation.
Xi. Final provisions
53. In case of detection after transferring the insurance portfolio of insurance contracts, which relate to the type of insurance or several types of insurance, the obligations under which were to be transferred as part of the insurance portfolio, but were not transferred (not included in the list of insurance agreements), they are fulfilled by insurance The organization that submitted the insurance portfolio, and in the case of its bankruptcy, they are included in the competitive mass.
If the specified contracts relate to the types of insurance, which provides for the implementation of compensation payments, and the insurance organization who submitted the insurance portfolio cannot fulfill them on the grounds defined by the laws on such types of insurance, the professional association of insurers makes compensation payments in accordance with the legislation of the Russian Federation.
* Payment documents are submitted in the form of copies certified by the insurance organization transmitting the insurance portfolio.
1. When using measures to prevent bankruptcy insurance organization, as well as during the procedures applied in bankruptcy, except cases related to the review of the insurer license to carry out insurance activities, the insurance portfolio of the insurance organization in a separate type of insurance or several types of insurance, Including the types of insurance, which provides for the implementation of compensatory payments due to the application to the insurer of the procedure applied in the bankruptcy case, or feedback from the insurer license to carry out insurance activities, can be transferred to an insurance organization (in case of suspension of the authority of the insurance organization authorities - The temporary administration of the insurance organization) or the competitive managers of another insurance organization or insurance organizations (hereinafter referred to as the management insurance organization) in coordination with the control authority.
The transfer of the insurance portfolio of the insurance organization in a separate type of insurance or several types of insurance of the management insurance insurance organization or managing insurance organizations can be implemented if this does not violate the order of satisfaction of creditors' requirements established by this Federal Law.
(see text in the previous edition)
2. In the insurance portfolio of the insurance organization when it turns on:
1) obligations under insurance contracts (in a separate type of insurance or several types of insurance), not fulfilled at the date of decision on the transfer of the insurance portfolio of the insurance organization (insurance reserves) in accordance with the legislation of the Russian Federation regulating insurance activities;
2) Assets taken to cover insurance reserves formed by the insurer in the manner prescribed by the legislation of the Russian Federation regulating insurance activities.
3. The procedure for the transfer of the insurance portfolio, including the procedure for the fulfillment of obligations under insurance contracts detected after the transfer of the insurance portfolio of the insurance organization and not transmitted in its composition, the procedure for fulfilling the obligations of the management insurance insurance organization or managers in the insurance organizations is established by the control body.
(see text in the previous edition)
Features of the transmission of the insurance portfolio, including the procedure for fulfilling obligations under insurance contracts detected after the transfer of the insurance portfolio of the insurance organization and not transmitted in its composition, the procedure for the fulfillment of the obligations of the management insurance insurance organization or managing insurance organizations and the procedure for choosing a management insurance insurance organization or managerial insurance organizations by type of insurance According to which the implementation of compensation payments is established by the control authority.
(see text in the previous edition)
4. In case of insufficiency or lack of assets of the insurance organization, for the execution of the management insurance insurance organization or managing insurance organizations of obligations under insurance contracts related to the types of insurance, which provides for the implementation of compensation payments, the missing part of assets can be compensated by a professional association from funds intended for financing. compensation payments, in order and on the conditions that are established by the control body.
When the insurance portfolio is transferred under the terms of compensation to a professional association of the missing part of assets, a professional association chooses the management insurance insurance or management insurance organizations from among its members who sent proposals for the conclusion of an insurance portfolio transmission agreement.
The missing part of the assets is compensated by the professional association of the management insurance insurance organization or managing insurance organizations in accordance with the terms of the agreement on compensation for the missing part of assets exclusively with cash within the terms specified in the contract, but not earlier than the date of signing a contract for the transmission of the insurance portfolio and no later than the date of signing the admission act - Explain the insurance portfolio.
In the case of the transfer of the insurance portfolio of the insurance organization to several managerial insurance organizations, compensation for the missing part of assets is distributed between them in proportion to the volume of obligations that are subject to adoption, taking into account the assets of the assets' insurance portfolio.
(see text in the previous edition)
5. Insured and beneficants are subject to notification by the insurance organization (in case of suspension of the authorities of the insurance organization's management authorities - the Interim Administration of the Insurance Organization) or the Competition Governors on the upcoming transfer of the insurance portfolio of the Insurance Organization of the Management Insurance Insurance Organization or managing insurance organizations by publishing a notice of the transfer of the insurance portfolio of the insurance organization In the manner established by Article 28 of this Federal Law. The specified notice is subject to publication at least a month before the expected date of transferring the insurance portfolio of the insurance organization. The notification of the transfer of the insurance portfolio of the insurance organization must contain:
(see text in the previous edition)
1) the name of the insurance organization transmitting the insurance portfolio, its address and identifying the insurance organization (State registration number of the state registration of a legal entity, the taxpayer identification number);
2) the basis of the transfer of the insurance portfolio;
3) information on the restriction or to suspend the powers of the executive bodies of the insurance organization transmitting the insurance portfolio;
4) the name of the management insurance insurance organization, its address and identifying the management insurance organization information (State registration number of the entry of state registration of a legal entity, the taxpayer identification number).
5.1. In the case of the transfer of the insurance portfolio of the insurance organization to several managerial insurance organizations, notification of the transfer of the insurance portfolio of the insurance organization should contain information provided by subparagraph 4 of paragraph 5 of this article about each management insurance insurance organization, as well as information on insurance contracts transmitted by each of the management insurance organizations.
6. During the month from the date of publication of the notice of the transfer of the insurance portfolio of the insurance organization, insureders and beneficiaries have the right to send to the insurance organization in writing, the requirement to terminate the insurance contract, the rights and obligations to be transmitted. In case of termination of the insurance contract, such an insurance contract and the proportional share in the insurance reserves to be transferred are excluded from the insurance portfolio of the insurance organization from the moment the insurance organization is obtained (in case of suspension of the authority of the insurance organization's management authorities - the provisional administration of the insurance organization) or the competition manager of the specified insurer and ( or) beneficiary.
Regulation of the Bank of Russia dated July 16, 2019 N 688-P "On the procedure and features of the transfer of the insurance portfolio, the procedure and conditions for compensation for the missing part of the assets by the professional association of insurers, the order of coordination of the transfer of the insurance portfolio with the Bank of Russia in the cases specified in paragraph 1 of Article 184.9 Federal Law "On Insolvency (Bankruptcy)", requirements for the content of the contract for the transfer of the insurance portfolio and the act of receiving the insurance portfolio "
This provision on the basis of paragraphs 1 and 6 of Article 26.1 of the Law of the Russian Federation of November 27, 1992 N 4015-I "On the organization of insurance business in the Russian Federation" (Vedomosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, 56; Assembly of the legislation of the Russian Federation, 1998, N 1, Art. 4; 1999, N 47, Art. 5622; 2002, N 12, Art. 1093; N 18, Art. 1721; 2003, No. 50, Art. 4855 , Art. 4858; 2004, No. 30, Art. 3085; 2005, No. 10, Art. 760; N 30, Art. 3101, Art. 3115; 2007, N 22, Art. 2563; N 46, Art. 5552; N 49, Art. 6048; 2009, No. 44, Art. 5172; 2010, No. 17, Art. 1988; No. 31, Art. 4195; No. 49, Art. 6409; 2011, N 30, Art. 4584; N 49 , Art. 7040; 2012, N 53, Art. 7592; 2013, N 26, Art. 3207; N 30, Art. 4067; N 52, Art. 6975; 2014, N 23, Art. 2934; n 30, st . 4224; N 45, Art. 6154; 2015, N 10, Art. 1409; N 27, Art. 3946, Art. 4001; N 29, Art. 4357, Art. 4385; No. 48, Art. 6715; 2016, No. 1, Art. 52; No. 22, Art. 3094; No. 26, Art. 3863, Art. 3891; N 27, Art. 4225, Art. 4294, Art. 4296; 2017, N 31, Art. 4754, Art. 4830; 2018, N 1, Art. 10, art. 66; N 18, Art. 2557; N 31, Art. 4840; N 32, Art. 5113, Art. 5115; N 49, Art. 7524) (hereinafter - the Law of the Russian Federation "On the organization of the insurance case in the Russian Federation"), paragraphs 3 and 4 of Article 184.9 of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)" (Meeting of the Legislation of the Russian Federation, 2002 , N 43, Art. 4190; 2004, N 35, Art. 3607; 2005, N 1, Art. 18, Art. 46; N 44, Art. 4471; 2006, N 30, Art. 3292; N 52, . 5497; 2007, N 7, Art. 834; N 18, Art. 2117; N 30, Art. 3754; N 41, Art. 4845; N 49, Art. 6079; 2008, N 30, Art. 3616; n 49, Art. 5748; 2009, N 1, Art. 4, Art. 14; N 18, Art. 2153; N 29, Art. 3632; N 51, Art. 6160; N 52, Art. 6450; 2010, n 17, Art. 1988; N 31, Art. 4188, Art. 4196; 2011, N 1, Art. 41; N 7, Art. 905; N 19, Art. 2708; N 27, Art. 3880; N 29, Art. 4301; N 30, Art. 4576; N 48, Art. 6728; N 49, Art. 7015, Art. 7024, Art. 7040, Art. 7061, Art. 7068; N 50, Art. 7351, Art. 7357; 2012, N 31, Art. 4333; N 53, Art. 7607, Art. 7619; 2013, N 23, Art. 2871; N 26, Art. 3207; N 27, Art. 3477, Art. 3481; n 30, Art. 4084; N 51, Art. 6699; N 52, Art. 6 975, Art. 6984; 2014, N 11, Art. 1095, Art. 1098; N 30, Art. 4217; N 49, Art. 6914; N 52, Art. 7543; 2015, N 1, Art. 10, art. 11, art. 29, Art. 35; N 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; N 29, Art. 4350, Art. 4355, Art. 4362; 2016, N 1, Art. 11, art. 27, Art. 29; N 23, Art. 3296; N 26, Art. 3891; N 27, Art. 4225, Art. 4237, Art. 4293, Art. 4305; 2017, N 1, Art. 29; N 18, Art. 2661; N 25, Art. 3596; N 31, Art. 4761, Art. 4767, Art. 4815, Art. 4830; No. 48, Art. 7052; 2018, N 1, Art. 54; N 11, Art. 1588; N 18, Art. 2557, Art. 2563, Art. 2576; N 28, Art. 4139; N 32, Art. 5115; N 47, Art. 7140; N 49, Art. 7524; N 52, Art. 8102; N 53, Art. 8404, Art. 8440; 2019, N 22, Art. 2661; N 26, Art. 3317; N 27, Art. 3538) (hereinafter referred to as the Federal Law "On Insolvency (Bankruptcy)") establishes:
the procedure for the transfer of the insurance portfolio in cases specified in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)", including the procedure for fulfilling obligations under insurance contracts detected after the transfer of the insurance portfolio of the insurance organization and not transmitted in its composition, the procedure for fulfilling the obligations of the Insurance Organization either by insurance organizations adopted by the insurance portfolio;
features of the transmission of the insurance portfolio in cases specified in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)", including the procedure for the fulfillment of obligations under insurance contracts detected after the transfer of the insurance portfolio of the insurance organization and not transmitted in its composition, the procedure for fulfilling the obligations of the Insurance Organization either by insurance organizations adopted by the insurance portfolio and the procedure for choosing an insurance organization or insurance organizations hosting the insurance portfolio, by types of insurance, on which compensation payments are envisaged;
the procedure and conditions for compensation for the missing part of assets by a professional association of insurers from funds intended to finance compensation payments in cases specified in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)", with insufficiency or absence of assets of the insurance organization for the insurance organization or insurance organizations adopted by the insurance portfolio obligations under insurance contracts related to the types of insurance on which compensation payments are provided;
the procedure for coordinating the transfer of the insurance portfolio with the Bank of Russia in the cases specified in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)";
requirements for the content of the contract for the transfer of the insurance portfolio and the act of receiving the insurance portfolio.
Chapter 1. The procedure for the transfer of the insurance portfolio in cases specified in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)", including the procedure for the fulfillment of obligations under insurance contracts detected after the transfer of the insurance portfolio of the insurance organization and not transmitted in its composition, execution procedure Obligations of an insurance organization or insurance organizations adopted by the insurance portfolio
1.1. Insurance organization (in case of suspension of the authorities of the insurance organization's management authorities - the Interim Administration of the Insurance Organization) or the competitive managerial department of the Insurance Organization, adopted (adopted) in cases specified in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency Bankruptcy", the decision to transfer the insurance portfolio of another Insurance organization or insurance organizations (hereinafter referred to as the transmission side), no later than the day of publishing a notice of the transfer of the insurance portfolio, provided for in paragraph 5 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)", should (should) on the date of adoption of the specified decision to implement the following actions:
1.1.1. A list of insurance contracts, obligations under which are transmitted as part of the insurance portfolio of another insurance organization (insurance organizations) (hereinafter referred to as the management insurance organization (managerial insurance organizations), separately for each type of insurance (hereinafter - the list of insurance agreements), which must contain the following information For each insurance contract:
information about insured, beneficiaries, insured persons;
information about the period of delay in payment of the insurance premium (insurance premiums);
the information contained in the journals provided for in paragraph 5.2 of the Bank of Russia's position of November 16, 2016 N 557-P "On the rules for the formation of insurance reserves for life insurance", registered by the Ministry of Justice of the Russian Federation on December 29, 2016 N 45055 (hereinafter - the position of the Bank of Russia N 557-P), and paragraph 5.2 of the provisions of the Bank of Russia dated November 16, 2016 N 558-P "On the rules for the formation of insurance reserves for insurance other than life insurance", registered by the Ministry of Justice of the Russian Federation on 29 December 2016 N 45054 (hereinafter - Bank of Russia N 558-P).
In the case of transferring obligations under combination insurance agreements, they are included in the list of insurance agreements only on one of the types of insurance.
Insurance contracts containing information that make up state secrets should be issued by a separate list containing information on each insurance contract specified in paragraphs by the second - fourth of this clause;
1.1.2. Determine the amount of formed insurance reserves under insurance contracts, obligations under which are transmitted as part of the insurance portfolio, on the basis of an insurance organization approved by the transmission insurance portfolio, the provisions for the formation of insurance reserves, the requirements for which in terms of life insurance and insurance other than life insurance are established by Chapter 4 The provisions of the Bank of Russia N 557-P and the Head 4 of the Bank of Russia N 558-P, respectively (hereinafter referred to as the Regulation on the formation of insurance reserves).
In case when transmitting an insurance portfolio insurance reserve According to individual insurance contracts, the obligations under which are transmitted as part of the insurance portfolio is not defined on the basis of the provision on the formation of insurance reserves, the size of the specified insurance reserve must be determined as follows:
under life insurance contracts - by distributing the insurance reserve for individual insurance contracts, the obligations under which are transmitted as part of the insurance portfolio, in proportion to the attitude of the mathematical reserve, calculated on the insurance contract, to the total amount of mathematical reserves calculated under insurance contracts, the obligations under which are transmitted to composition of the insurance portfolio;
under the insurance contracts other than life insurance - by distributing the insurance reserve for individual insurance contracts, the obligations under which are transmitted as part of the insurance portfolio, in proportion to the attitude of the earned premium on the transmitted insurance contract to the total magnitude of the earned premium under the insurance contracts, obligations under which are transmitted to The composition of the insurance portfolio, according to the accounting group, to which the transmitted contract belongs. At the same time, the distribution is made separately for each of the periods of the onset of losses participating in the calculation of the reserve, and the total value of what occurred, but not stated losses is defined as the amount of the values \u200b\u200bof what happened, but not stated losses for each of the onset of losses;
1.1.3. Determine the types and cost of assets taken to cover the formed insurance reserves under insurance contracts, obligations under which are transmitted as part of the insurance portfolio, on the basis of data accounting and the reporting of the transmitting insurance portfolio of the insurance organization.
1.2. All documents and information concerning the transmitted insurance portfolio received by the transmitting side after the transfer of the insurance portfolio should be sent to the transmitting part of the management insurance insurance organization (managing insurance organizations) within 10 working days from the date of their receipt.
1.3. The management insurance insurance organization (managerial insurance organizations) should be published a message on the completion of the transfer of the insurance portfolio in the official publication, in which, in accordance with paragraph 5 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)" was published notice of the transfer of the insurance portfolio, and in two Periodic prints in accordance with sub-clause 2 of paragraph 13 of Article 26.1 of the Law of the Russian Federation "On the organization of the insurance case in the Russian Federation".
1.4. Settlement of relations with insureders, insured persons, beneficiaries on the stated insurance cases filed applications for termination of insurance contracts and refusal to replace the insurer under insurance contracts detected after the transmission insurance portfolio transferred to the insurance portfolio and not transmitted in its composition (not included in the list of insurance agreements) The insurance organization's transmitting insurance portfolio must be implemented in accordance with the terms of the insurance contracts on which they were concluded.
1.5. The management insurance organization (managerial insurance organizations) should (must) fulfill obligations on the insurance portfolio of insurance contracts under the terms of the insurance contracts on which they were concluded.
Chapter 2. Features of the transfer of the insurance portfolio in cases specified in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)", including the procedure for fulfilling obligations under insurance contracts detected after the transfer of the insurance portfolio of the insurance organization and not transmitted in its composition, execution procedure Obligations of the insurance organization or insurance organizations adopted by the insurance portfolio and the procedure for choosing an insurance organization or insurance organizations hosting an insurance portfolio, by types of insurance, on which compensatory payments are provided
2.1. In the case of the transfer of the insurance portfolio under insurance contracts related to the types of insurance, according to which the implementation of compensation payments, the professional association of insurers should be accommodated in accordance with the rules (standards) of professional activity on its website in the information and telecommunication network "Internet" information about the beginning of the procedure Choosing from among its members of the management insurance insurance organization (managers of insurance organizations).
2.2. Upon receipt from insurance organizations - members of the professional association of insurers of proposals for the conclusion of an insurance portfolio transmission agreement, the professional association of insurers should evaluate the proposals submitted and check the insurance organizations that submit them to comply with the requirements established by the rules (standards) of professional activities.
2.3. The professional association of insurers in terms established by the rules (standards) of professional activities should send each insurance organization that sent a proposal to conclude an insurance portfolio transmission agreement, notification of conformity or non-compliance with the requirements established by the rules (standards) of professional activities.
The professional association of insurers should send each insurance organization that meets the requirements established by the rules (standards) of professional activities, the proposal to conclude a contract for compensation for the missing part of assets, including the conditions for compensation for the professional association of insurers of the missing part of assets.
2.4. The management insurance organization (managerial insurance organizations) must (must) fulfill the obligations on the insurance portfolio of insurance contracts related to the types of insurance, which provides for the implementation of compensation payments, in accordance with the terms of the insurance contracts on which they were concluded.
2.5. Insurance portfolio, the insurance company must fulfill obligations under insurance contracts related to the types of insurance, which provides for the implementation of compensation payments identified after the transfer of the insurance portfolio of the insurance organization and not transmitted in its composition (not included in the list of insurance agreements), in accordance with paragraph 1.4 of this Regulation.
Chapter 3. The procedure and conditions for compensation for the missing part of assets by a professional association of insurers from funds intended to finance compensation payments in cases indicated in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)", with insufficiency or absence of assets of the insurance organization for execution Insurance organization or insurance organizations adopted by the Insurance Portfolio, obligations under insurance contracts related to the types of insurance on which compensatory payments are envisaged
3.1. When making a professional association of insurers, the decision on compensation for the missing part of assets and the conclusion with the management insurance insurance organization (managing insurance organizations) of the contract (contracts) on compensation for the missing part of assets The professional association of insurers should compensate for the missing part of assets in the amount and deadlines defined by the specified contract (specified contracts).
3.2. The missing part of the assets in accordance with paragraph of the third paragraph 4 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)" should be compensated by the professional association of insurers of the management insurance insurance organization (managing insurance organizations) exclusively with money.
3.3. Managing Insurance Organization (Insurance Management) to obtain insurers from a professional association money Must (should) open an account in a credit institution that meets the following requirements:
the presence of a universal license to carry out banking operations;
the value of the credit institution assets reflected in the report on the form 0409806 " Balance sheet (published form) ", established by Appendix 1 to the direction of the Bank of Russia dated October 8, 2018 N 4927-U" On the list, forms and the procedure for the preparation and submission of the reporting forms of credit institutions in central bank Of the Russian Federation ", registered by the Ministry of Justice of the Russian Federation on December 13, 2018 N 52992, and disclosed by a credit institution in accordance with subparagraph 1.1.2 of paragraph 1.1 of the Bank of Russia dated November 27, 2018 N 4983-y" on forms, procedures and deadlines for disclosure credit organizations Information about its activities, registered by the Ministry of Justice of the Russian Federation on February 21, 2019 N 53861, is at least 50 billion rubles at the last reporting date preceding the opening date of the management insurance insurance organization (managing insurance organizations) accounts in the credit institution.
Chapter 4. The procedure for coordinating the transfer of the insurance portfolio with the Bank of Russia in cases specified in paragraph 1 of Article 184.9 of the Federal Law "On Insolvency (Bankruptcy)"
4.1. In order to coordinate the transfer of the insurance portfolio in cases indicated in paragraph 1 of Article 184.9 of the Federal Law "On Insulating Bankruptcy", each manager of the insurance portfolio, which has concluded an agreement on the transfer of the insurance portfolio, should submit to the Bank of Russia jointly signed by authorized persons of the management insurance organization and the transmitting parties Application for the transfer of the insurance portfolio in electronic form in the form of an electronic image (application for the transfer of an insurance portfolio on paper, transformed into electronic form By scanning with the preservation of details).
4.2. To the application specified in paragraph 4.1 of this Regulation must be attached the following documents in electronic form in the form of electronic images (documents on paper, converted to an electronic form by scanning with the preservation of details):
a prisoner agreement on the transfer of the insurance portfolio corresponding to the requirements of paragraph 5.2 of this Regulation;
the decision on the agreement on the commission of a major transaction adopted by the authorized body of the transmitting insurance portfolio of the Insurance Organization, an authorized body of the management insurance insurance organization in the event that the transaction for the transmission of the insurance portfolio is for the insurance portfolio of the insurance organization, the management insurance insurance of a major transaction;
actuarial conclusion containing the results of assessing the sufficiency of assets and liabilities included in the insurance portfolio, which is transmitted to the management insurance insurance organization (managing insurance organizations), at the date of decision on the transfer of the insurance portfolio by the transmitting party;
calculation of the regulatory ratio of own funds (capital) and the adopted obligations of the insurance portfolio of the insurance organization, compiled at the last reporting date preceding the Day of Directions for the transfer of the insurance portfolio;
calculation of the regulatory ratio of own funds (capital) and the adopted obligations of the management insurance insurance organization, information about the assets of the management insurance insurance organization, taking into account the obligations and assets taken as part of the insurance portfolio;
a concluded compensation agreement for the missing part of assets in the case of the transfer of an insurance portfolio by types of insurance, which provides for the implementation of compensation payments, on the conditions of compensation for the professional association of insurers of the missing part of assets;
the license of the management insurance insurance organization for work using the information of the appropriate degree of secrecy in the case of transmission as part of the insurance portfolio of insurance contracts containing information constituting the state secret.
4.3. These provisions specified in paragraphs 4.1 and 4.2 of these Regulations should be submitted to the management insurance insurance organization in the Bank of Russia in the manner prescribed by the Bank of Russia from November 3, 2017 N 4600-y "on the procedure for the interaction of the Bank of Russia with credit institutions, non-interests financial organizations and other participants of the informational exchange when using them information resources Bank of Russia, including the Personal Cabinet, "registered by the Ministry of Justice of the Russian Federation on January 11, 2018 N 49605 (hereinafter referred to as the Bank of Russia N 4600-y).
4.4. The Bank of Russia should decide on coordinating the transfer of the insurance portfolio or refusing to coordinate the transfer of the insurance portfolio within 15 working days from the date of the submission of the documents provided for in paragraphs 4.1 and 4.2 of this Regulation.
4.5. The Bank of Russia must refuse to coordinate the transfer of the insurance portfolio in the event of a detection of one or more of the following circumstances:
submission of an incomplete set of documents specified in paragraph 4.2 of this Regulation;
identifying in submitted in accordance with paragraph 4.2 of these provisions of unreliable information;
inconsistencies submitted in accordance with paragraph 4.2 of this Regulation of the Documents The requirements of the legislation of the Russian Federation;
suspension, restrictions on the action or response from the management insurance insurance of a license to carry out insurance activities under the types of insurance on which the insurance portfolio is transmitted;
non-compliance with the management insurance insurance organization established by Article 25 of the Law of the Russian Federation "On the organization of insurance affairs in the Russian Federation" Requirements for financial sustainability and solvency, taking into account new commitments;
reduce the amount of own funds (capital) of the management insurance insurance organization at the end of the last reporting period to the value of less than the amount of paid authorized capital Managing insurance organization.
4.6. The condition of the paragraph of the sixth paragraph 4.5 of this Regulation does not apply to the occurrence of inconsistency of the management insurance insurance organization established by Article 25 of the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" The requirements of financial sustainability and solvency as a result of the adoption of the insurance portfolio and the presence of a concluded agreement on compensation for the missing part of assets provided for by paragraph eight of paragraph 4.2 of this Regulation.
4.7. The decision to coordinate the transfer of the insurance portfolio or the refusal to coordinate the transfer of the insurance portfolio is signed by the Deputy Chairman of the Bank of Russia, who oversees the issues of control and oversight of the activities of the subjects of the Insurance Business (by the person replacing it).
4.8. The Bank of Russia should send a decision on coordinating the transfer of an insurance portfolio or refusal to coordinate the transfer of the insurance portfolio within 5 working days from the date of its signing:
the management insurance insurance organization transmitting the insurance portfolio of the insurance organization, as well as a professional association of insurers in the event of the transfer of an insurance portfolio by type of insurance, on which compensation payments are provided - in the form of an electronic document through personal Area The participant of the information exchange, the reference to which is posted on the official website of the Bank of Russia in the information and telecommunications network "Internet", in accordance with the requirements of the instructions of the Bank of Russia N 4600-y;
the competition manager - on paper, in a manner that allows you to confirm the decision to agree on the transfer of the insurance portfolio or refusal to coordinate the transfer of the insurance portfolio to the addressee.
4.9. The Bank of Russia in the event of a decision on coordinating the transfer of the insurance portfolio must place the relevant information on the official website of the Bank of Russia in the Internet information and telecommunication network within 5 working days from the date of the decision to coordinate the transfer of the insurance portfolio.
Chapter 5. Requirements for the content of the Treaty on the transfer of the insurance portfolio and the act of receiving the insurance portfolio
5.1. The transfer agreement on the insurance portfolio is concluded with the management insurance insurance organization (in case of transmission of the insurance portfolio, several managers - with each management insurance insurance organization).
5.2. The insurance portfolio transmission agreement should include the following information and conditions:
the list of insurance contracts, obligations under which the management insurance insurance organization are transferred;
the composition, procedure and deadline for the transfer of insurance contracts, the obligations under which the management insurance insurance organization are transferred, as well as documents reflecting the execution of these insurance contracts (documents confirming the payment of the insurance premium (insurance premiums), documents on the settlement of insurance cases, documents confirming the implementation of insurance payments (redemption);
the amount of insurance reserves corresponding to the transmitted insurance obligations;
the composition and cost of the transmitted assets, their transfer period;
term of the transfer of the insurance portfolio;
when transferring an insurance portfolio by type of insurance, which provides for compensation payments, with the missing part of assets in the agreement on the transfer of the insurance portfolio, one of the following provisions are envisaged: the consent of the insurance portfolio without compensating for the missing part of the assets by the professional association of insurers or consent to adopt the insurance portfolio provided compensation for the missing part of assets by the professional association of insurers;
the duty of the transmitting parties to send the management insurance insurance to all documents and information concerning the transmitted insurance portfolio received by the transmitting side after the transfer of the insurance portfolio;
the condition for signing the act of acceptance of the insurance portfolio by the transmitting party with the management insurance insurance organization, with which an insurance portfolio transfer agreement was concluded.
5.3. The act of receiving the insurance portfolio must include the following information and conditions:
the list of insurance contracts, the obligations under which are transferred to the management insurance insurance organization, the amount of transmitted insurance reserves, determined according to the list of insurance contracts, and a list of transmitted assets (indicating their value to the transfer date);
the magnitude of the missing part of assets to compensate for the professional association of insurers, with the application of its calculation in the case of the transfer of the insurance portfolio, subject to compensation for the missing part of the assets by the professional association of insurers;
a condition for granting a copy of the act of acceptance of the management insurance insurance certificate to the Bank of Russia within 5 business days after the signing of the specified act;
the condition for the provision of a copy of the act of acceptance of the management insurance insurance certificate to the professional association of insurers within 5 business days after signing the specified act when transferring the insurance portfolio by type of insurance, on which compensation payments are provided.
Chapter 6. Final Provisions
6.1. This provision comes into force on the expiration of 10 days after the day of its official publication.
6.2. From the day the entry into force of this Regulation to recognize the situation of the Bank of Russia dated July 23, 2015 N 480-P "on the procedure for the transfer of the insurance portfolio, coordinating the transfer of the insurance portfolio with the Bank of Russia, the requirements for the content of the contract for the transfer of the insurance portfolio and the act of acceptance and transmission ", registered by the Ministry of Justice of the Russian Federation on August 19, 2015 N 38584.
Registration No. 56235
Overview of the document
Bank of Russia approved new order Transfer of the insurance portfolio and its coordination. This is due to the amendments to the Law on Insolvency (Bankruptcy).
The rules for which the Interim Administration of the Insurance Organization organizes the transfer of the insurance portfolio, including by type of insurance, on which compensatory payments are provided.
The conditions for compensation for the missing part of assets by the professional association of insurers are prescribed.
Requirements for the content of the transmission agreement and acceptance acts are clarified.
Former order has lost strength.
The situation comes into force on the expiration of 10 days after publication.
Singed an agreement participation with the developer. Responsibility of the developer is insured in Rinco. Recently received information on the transfer of the Insurance Portfolio RINKO for the insurance of the responsibility of developers of another insurance organization. Rinko refused to refuse this type of insurance. What legal risks for us (shareholders) entails a change of insurance company? Will the new insurance company be able to fulfill obligations at the occurrence insurance case (In relation to our developer, the bankruptcy procedure is currently introduced)?
Consultations: 40.
In accordance with paragraph 1 of Art. 26.1 of the Law of the Russian Federation of 11/27/1992 No. 4015-1 "On the organization of the insurance case in the Russian Federation" (hereinafter - the Law on the Organization of Insurance), the insurer can convey, and in cases provided for by the legislation of the Russian Federation, must convey obligations under insurance contracts (insurance portfolio ) To one insurer or several insurers that meet the requirements of financial sustainability and solvency, taking into account the newly adopted obligations and licenses for the implementation of insurance species, on which the insurance portfolio is transmitted (insurer replacement).
The transmitted insurance portfolio includes:
1) obligations under insurance contracts that correspond to the formed insurance reserves;
2) Assets taken to cover the formed insurance reserves.
As indicated in paragraph 7 of Art. 26.1 The Law on the Organization of Insurance, the Insurer Transferring the Insurance Portfolio places a notice of intention to transfer the insurance portfolio on its website on the Internet, publishes this notice in the printed body determined by the insurance supervisory authority and two periodic prints by the edition of each of which is not Less than 10 thousand copies and which extend to the territory of the implementation of the insurer. Notification of the intention to transfer the insurance portfolio is also subject to an insurance supervision in the authority for posting on its official website on the Internet.
According to paragraph 8 of Art. 26.1 The Law on the Organization of Insurance Case Notice of intent to transfer the insurance portfolio must contain:
1) the causes and procedure for transferring the insurance portfolio;
2) the name (brand name) and the location of the insurer hosting the insurance portfolio;
3) information on the activities of the insurer hosting the insurance portfolio, and its financial position submitted by the Insurer hosting the insurance portfolio;
4) a request for expression in writing consent to replace the insurer or refusal to replace this replacement indicating the deadline for submission of such consent or refusal;
5) clarification of the right to refuse to replace the insurer and the consequences of such a refusal.
The refusal to replace the insurer entails the early termination of the insurance contract and return to the insured part of the insurance premium in proportion to the difference between the term for which the insurance contract was concluded, and the period during which he acted, or pay the redemption amount under the life insurance contract.
If after 45 days from the date of placement by the Insurer transmitting the insurance portfolio, notifications about the intention to transfer the insurance portfolio from the insured is not received in writing the refusal to replace the insurer, the insurance contract is subject to transmission as part of the insurance portfolio.
In accordance with paragraph 12 of Art. 26.1 of the Law on the Organization of Insurance Case In the event that the Insurance Rules of Insurance Insurance Taking Insurance Portfolio do not comply with the Insurance Regulations for Insurance Transferring Insurance Portfolio, the Insurer who accepted the Insurance Portfolio shall be fulfilled on insurance contracts included in the transmitted insurance portfolio, according to conditions which they were concluded, and directs the appropriate notice of this to the insurance supervisory authority.
The insurer who accepted the insurance portfolio is entitled to agree on improving the terms of insurance contracts with insurers in their favor, as well as in favor of beneficiary and insured persons and make appropriate changes to the insurance contracts in the procedure established by the legislation of the Russian Federation.
After signing the act of acceptance and transmission of the insurance portfolio, the insurer who accepted the insurance portfolio is not entitled to challenge the composition of the adopted insurance portfolio, the amount of obligations taken and the cost of adopted assets.
After signing the act of receiving the insurance portfolio, the report on the completion of the transfer of the insurance portfolio, with an indication of the information on the insurer who adopted the insurance portfolio, and the dates for the commencement of the fulfillment of obligations under insurance contracts included in the transmitted insurance portfolio must be:
1) posted within three business days on the insurer's website, who submitted the insurance portfolio, and on the insurer's website, who adopted the insurance portfolio, on the Internet;
2) published within 15 working days by the insurer who adopted the insurance portfolio, in a printed body determined by the insurance supervision body, and two periodic prints, the edition of each of which is at least 10 thousand copies and which extend to the territory of the activities of the specified insurer .
According to paragraph 14 of Art. 26.1 The Law on the organization of the insurance business from the date of signing the act of acceptance of the insurance portfolio to the insurer hosting the insurance portfolio, go all rights and obligations under insurance contracts.
Thus, if you did not refuse to replace the insurer, the new insurer agreed to accept the insurance portfolio (this information should be placed in the media), then your interests are not threatened: a new insurer has adopted obligations to you in full, it has no right to Worsen insurance conditions with you. In case of an insured event, you will receive payments in the same amount in which they could claim them from the insurance company RINCO.
Thank you
