Submit an application to the insurance after the transfer of the portfolio. Notifications

Registration N 20741.

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) order:

approve the attached 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 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 for a separate type of insurance or several types of insurance (including by types of insurance, which provides for the implementation of compensation payments due to the application to the insurer of the procedure used in bankruptcy case, or feedback from the insurer license to carry out insurance activities) when applying 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) Another insurance organization may be transferred to either insurance organizations (hereinafter referred to as the management 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:

an authorized authority of the department (executive body) of the 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 the insurance portfolio by type of insurance, on which the implementation of compensation payments is provided, its copy (with applications) is also sent to the professional association of insurers (self-regulating organization of insurers), the competence of which the legislation of the Russian Federation includes the implementation of compensation payments on such types of insurance (hereinafter - 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 of financial sustainability and solvency established by insurance legislation;

c) the presence of own funds in the amount sufficient to comply with the regulatory ratio of own funds and commitments made after the adoption of 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 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, are determined by the rules (standards) of professional activities of the professional association of insurers (hereinafter - 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 develop public policies and regulatory legal regulation in the field of insurance activities (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 on 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 of proposals for the conclusion of the insurance portfolio agreement, the professional association of insurers assesses the proposals submitted, checks these insurance organizations for compliance with the requirements provided for in this Procedure, as well as additional conditions and criteria established by the Regulations (standards ) professional activity.

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 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.

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 accounting reporting is compiled.

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 contracts - by distributing such a reserve in proportion to the attitude of the mathematical reserve calculated on a separate insurance contract, to the total amount of mathematical reserves under the indicated agreements;

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 harmonize the transfer of the insurance portfolio, insurance organizations that signed the insurance portfolio transmission agreement are submitted to the insurance supervisory authority (its central office) a joint statement (hereinafter referred to as an application for the transfer of the insurance portfolio) 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 entry of state registration of a legal entity, the taxpayer identification number);

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 the payment of redemption amount; obtaining an application for the insurance case, payment by the insured of the insurance premium, the payment of 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 the professional association of insurers in compensation for the missing part of assets is targeted (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 balance of 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 activities, no earlier than the expiration of the limitation period on all transmitted management insurance insurance Organizations 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.

Revealed a significant batch of stolen policies of OSAGO! If you have doubts about the place of acquiring your OSAGO policy, you can check your list of list ().
You can also check the blanks of your OSAGO and CASCO.

Information for customers of the Tyumen region: termination of the work of IP Ponomarev G.A. (execution of the prescription No. CC16-42 / 11 of 12/28/2016)

Dear Clients! We inform you that the persons who were imposed of contracts for conducting technical inspection of the vehicle and the control diagnostics of the battery with an individual entrepreneur Ponomarev G.A. It is entitled to refer to the individual entrepreneur Ponomarev G.A. With a request to return funds for unwordified services for the technical inspection of vehicles and the control diagnostics of the battery at the address: Tyumen, ul. Earth shaft, d. 10, p. 3, with mon. by PT. from 09:00 to 18:00, lunch from 13:00 to 14:00. "

On the execution of the prescription №01-01-13-13 / 21464 of 10/06/2015

In fulfillment of the prescription on the termination of consumer rights violations No. 01-01-13-13 / 21464 of 06.10.2015, issued by the Federal Service for Supervision in the Protection of Consumer Rights and Welfare of Human Office of the Federal Service for Consumer Rights Protection and Welfare A person in the Sverdlovsk region (hereinafter - "prescription"), LLC "SK RGS-Life" informs customers LLC "SK RGS-Life" that by virtue of paragraph 1 of Art. 16 of the Law of the Russian Federation "On the Protection of Consumer Rights" Terms of Agreement, infringement of consumer rights compared with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection, are invalid.

In accordance with the requirements of the specified prescription, in all insurance contracts concluded through the mediation of the PJSC PJSC PLUS Bank:

• information on insurance conditions, including full information about the insurance sum and the method of its determination (clause 1.1, 2.2 of the prescriptions)
• the choice of beneficiary is granted. Under the terms of the insurance contract, the beneficiary is the insured person, and in the event of the death of the insured person - its heirs (pp 1.2, 1.2.1, 2.3 of the prescriptions)
• the condition is excluded from the insurance program, which is an integral part of the insurance contract, on the right of the insurer to return the part of the insurance premium with the full or early execution of the obligations of the policyholder under the loan agreement, subject to certain conditions (clause 1.2.2 of the prescription)
• information about the property consequences of termination of the insurance contract on the Insured initiative and the possibility of coordination of conditions for the return of the insurance premium. In addition, the insurance program indicates that if the policyholder refused to the insurance contract and notified the insurer within five working days from the date of the conclusion of the insurance contract, in the absence of events in this period, having a sign of an insured event in this case, the insurance premium paid by the insured It is refunded to the insurer to the insurer in full (clause 1.2.3, 2.1 of the prescriptions).
• the font design of the insurance contract allows properly to assess the terms of the contract - the Agreement is set fonts with a font (more than 2 mm) (paragraph 1.3 of the prescriptions).

Information about the judicial act, which completed the appeal of the prescription:

Determination of the ninth Arbitration Court of Appeal dated August 24, 2016 in case number A40-246656 / 15 on leaving without a change in the decision of the Arbitration Court of Moscow dated 05/11/2016

Notification of the transfer of the insurance portfolio

Real Liability Company "Rosgosstrakh" (Rosgosstrakh LLC, OGRN 1025003213641, TIN 5027089703, PPC 502701001, location: 140002, Moscow region, G. Lyubertsy, ul. Parkovaya, D.3) Notifies the intention to transfer the insurance portfolio to Communications with the adoption of Rosgosstrakh LLC 05.10.2015. Decisions on voluntary refusal to implement a separate type of insurance - voluntary life insurance and the transfer of the insurance portfolio under voluntary life insurance agreements.
The insurance portfolio under the contracts of voluntary life insurance will be transmitted in the manner prescribed by Article 26.1 of the Law of the Russian Federation of 27.11.1992 No. 4015-1 "On the organization of the insurance case in the Russian Federation".
Information about the insurer hosting the insurance portfolio under voluntary life insurance agreements:
Limited Liability Company "Insurance Company" Rosgosstrakh - Life "(LLC" SK RGS-Life "), OGRN 1047796614700, INN 7706548313, location of 119991, Moscow, ul. Ordina B., 40, p.3
SK RGS-Life LLC carries out insurance activities in accordance with issued licenses for the following types of insurance: voluntary personal insurance, except for the voluntary life insurance (Bank of Russia's license CL №3984 dated 04.04.2015), voluntary life insurance (License Bank of Russia SZh №3984 from 04/10/2015)
LLC "SK RGS-Life" meets the requirements of financial sustainability and solvency, taking into account the new obligations taken and has a license to carry out the type of insurance, according to which the insurance portfolio is transferred - voluntary insurance of life (the license of the Bank of Russia SZh №3984 dated 04.04.2015) as of As of 06/30/2015, the authorized capital of LLC "SK RGS-Life" is 1,200,000 thousand rubles, the size of the assets: 33,496,562 thousand rubles, the size of net assets: 6,449,1105 thousand rubles.

Federal Law "On Insolvency (Bankruptcy)", the Insurance Organization has the right to decide on the transfer of the insurance portfolio of the management insurance insurance organization.

In case of such a decision, the insurance organization transmitting the insurance portfolio (hereinafter - the transmitting insurance organization), no later than the day of the publication of the notice of the intention to transfer the insurance portfolio amounts to the list of insurance contracts, obligations under which are transmitted as part of the insurance portfolio, determines the amount of insurance reserves formed on them , costs and types of assets taken to cover the formed insurance reserves is the list of rights to pay insurance premiums (insurance premiums) under contracts, obligations for which are transmitted as part of the insurance portfolio, at the date of adoption of the specified decision.

1.2. The list of insurance contracts is drawn up on the basis of journals for the accounting of concluded insurance contracts (coordination) and losses accounting journals and early termination of insurance contracts (composure) separately for each type of insurance included in the transmitted insurance portfolio. In the case of transmission of combination insurance contracts, they are included in the list of insurance contracts only on one of the types of insurance.

The list of insurance contracts must contain the following information:

details of insurance contracts (date, number and place of conclusion);

terms of insurance contracts (validity period, insurance period, insurance object, summary of the insurance amount and insurance premium);

information about insured, beneficiaries, insured persons;

information necessary to establish the rights of the transmission insurance organization for transmitted insurance contracts, including the amount of unpaid insurance premium (insurance premiums), terms of payment of insurance premium (insurance premiums), taking into account the delay or installment of payment, the term of delay in payment of the insurance premium (insurance premiums );

the information necessary to establish the obligations of the transmitting insurance organization under the transmitted insurance contracts, including the amount of insurance payments made, the size of the claimed, but not settled losses.

1.3. The calculation of the amount of insurance reserves under the transmitted insurance portfolio is made by the transmitting insurance organization on the basis of the provision on the formation of insurance reserves approved by the Insurance Organization in the prescribed manner, and is confirmed by the conclusion of a responsible actuary.

If it is not possible to calculate any of the insurance reserves on the transmitted insurance portfolio due to the fact that the procedure provided for by the Regulations on the formation of insurance reserves does not allow it to calculate it on individual insurance contracts, it is subject to distribution in the following order:

under life insurance contracts - by distributing such a reserve in proportion to the attitude of the mathematical reserve calculated on the insurance contract transferred to the total amount of mathematical reserves under the indicated agreements;

under insurance contracts other than life insurance:

for the reserve of an unemployed premium - by distributing such a reserve in proportion to the ratio of the reserve of an unemployed premium on the transmitted insurance contract to the total value of the reserve of the unrequited prize under this accounting group;

for losses - by distributing such a reserve in proportion to the attitude of the earned premium on the transmitted insurance contract to the total magnitude of the earned premium for this accounting group, while the distribution is made separately for each of the onset of losses participating in the calculation of the reserve, and the total value of what happened, but indeed Losses are defined as the amount of the values \u200b\u200bof what happened, but unequal losses for each of the periods of the onset of damages.

1.4. Insurance contracts containing information constituting the state secret are issued by a separate list.

1.5. When the insurance portfolio is transferred to compensation for compensation for the professional association of insurers of the missing part of assets, the choice of the management insurance insurance organization is carried out by the professional association of insurers from among insurance organizations - members of the specified association that sent proposals for the conclusion of an insurance portfolio transmission agreement.

1.6. In the case of the transfer of the insurance portfolio under insurance contracts, 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 in the information and telecommunication network "Internet" information about the start of the procedure for selecting the management insurance insurance procedure Organizations 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 for them and the selection criteria.

1.7. Upon receipt of the Insurance Organizations, members of the professional association of insurers of proposals for the conclusion as a management insurance insurance agreement on the transmission of the insurance portfolio, the professional association of insurers assesses the proposals submitted, checks the indicated insurance organizations for compliance with the requirements provided for in this Regulation, as well as additional conditions and criteria established by Regulations (standards) of professional activity.

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, who sent a proposal to conclude an insurance portfolio agreement, notification of conformity or non-compliance with the established requirements (criteria), and also sends to insurance organizations, The appropriate established requirements (criteria), the offer containing the terms of the contract for compensation for the missing part of assets.

1.8. The missing part of the assets is compensated by the professional association of insurers of the management insurance insurance of an exclusively in cash.

The obligation to the professional association of insurers to compensate for the missing part of assets should be fulfilled in full by transferring funds to the accounting account of the management insurance insurance organization no later than 10 working days from the date of receiving a copy of the insurance portfolio acceptance act.

1.9. Cash transmitted by the management insurance insurance organization by the professional association of insurers in compensation for the missing part of assets is targeted. For these targets, the management insurance insurance company opens up a settlement account in a bank, the amount of assets of which is 50 or more than billion rubles and (or) the amount of funds raised from individuals on the basis of banking deposits and bank account agreements, which is 10 or more billion rubles. and leads on them separate accounting. The management insurance organization begins to use targets after the amount of insurance payments made by the management insurance insurance fee under the insurance and return contracts of the insurance premium in the early termination of insurance contracts included in the insurance portfolio will reach the value of assets obtained from the transmitting insurance organization designed for date of their transfer.

1.10. The remainder of the target funds not used by the management insurance insurance organization for the fulfillment of obligations under insurance contracts is returned to the management insurance organization in the professional association of insurers in the manner prescribed by the Rules (standards) of professional activities, upon the expiration of the limitation period for the latest declared loss or after five years The end of the deadline for the last contract of insurance included in the insurance portfolio transferred to the management insurance insurance insurance, depending on what comes before.

The professional association of insurers and the management insurance organization upon the expiration of the specified period is carried out reconciling settlements for all insurance contracts, the fulfillment of obligations under which the management insurance insurance organization was carried out at the expense of targeted funds, and sign reconciliation. If the results of reconciliation will be found that the management insurance organization has consumed the target funds not in full, the management insurance organization is obliged to return the unused funds by transferring funds to the current account of the professional association of insurers within five working days from the date of signing the act of reconciliation.

1.11. Transferring and managing insurance organizations after the expiration date of the limitation for the latest declared loss or after the expiration of the five years from the date of expiration of the last insurance contract included in the transmitted insurance portfolio, depending on what comes earlier, payments are reconciled under all insurance contracts included in the transmitted insurance portfolio.

In the event that, according to the results of reconciliation, it will be discovered that the management insurance organization spent the transmitted assets received to cover insurance reserves, not in full, the management insurance organization is obliged to return the balance of unused funds into the competitive mass by transferring funds to the current account of the transmitting insurance organization Within five working days from the date of signing the act of reconciliation.

1.12. The transmitting insurance organization is obliged to convey the management insurance organization all documents and information relating to the transmitted insurance portfolio received by it after passing the insurance portfolio.

1.13. In case of detection after completing the insurance portfolio of insurance contracts, which were not transferred (not included in the list of insurance contracts), they are executed by the transmitting insurance organization, 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 compensation payments, and the transmitting insurance organization cannot fulfill them on reasons defined by such types of insurance, the professional association of insurers is compensatory payments in accordance with the legislation of the Russian Federation.

1.14. The transmitting insurance organization publishes a notice of the intention to convey the insurance portfolio in the printed body defined in accordance with Article 28 of the Federal Law "On Insolvency (Bankruptcy)".

The report on the completion of the transfer of the insurance portfolio is published by the management insurance insurance organization in the printed body, in which the notice of the intention of the insurance portfolio was previously published.