Decree of the Government of the Russian Federation of October 25, 2013 N 961 (as amended of December 27, 2018) "On the provision of subsidies for military products to reimburse part of the costs of the development corporation" VEB.RF "(together with the" Rules for the provision of subsidies from the federal budget to the Russian ones)
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT PROVIDING
SUBSIDY FROM THE FEDERAL BUDGET OF THE RUSSIAN
TO ORGANIZATIONS - EXPORTERS OF INDUSTRIAL PRODUCTS OF THE MILITARY
APPOINTMENTS FOR REFUND OF A PART OF THE COSTS OF PAYMENT OF INTEREST
ON LOANS OBTAINED FROM RUSSIAN CREDIT ORGANIZATIONS
AND IN THE STATE DEVELOPMENT CORPORATION "VEB.RF"
The Government of the Russian Federation decides:
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
REGULATIONS
GRANTING SUBSIDIES FROM THE FEDERAL BUDGET TO RUSSIAN
TO ORGANIZATIONS - EXPORTERS OF INDUSTRIAL PRODUCTS OF THE MILITARY
APPOINTMENTS FOR REFUND OF A PART OF THE COSTS OF PAYMENT OF INTEREST
ON LOANS OBTAINED FROM RUSSIAN CREDIT ORGANIZATIONS
AND IN THE STATE DEVELOPMENT CORPORATION "VEB.RF"
1. These Rules establish the objectives, conditions and procedure for the provision of subsidies from the federal budget to Russian organizations - exporters of military industrial products to reimburse part of the cost of paying interest on loans received from Russian credit institutions and the state development corporation VEB.RF (hereinafter respectively - organizations, subsidies).
2. In these Rules, industrial products for military purposes mean products for military purposes in accordance with the legislation of the Russian Federation in the field of military-technical cooperation with foreign states, with the exception of services and results of intellectual activity, including exclusive rights to them (intellectual property), and information in the military-technical field.
3. The subsidy is provided within the budgetary allocations provided for in the federal law on the federal budget for the corresponding financial year and planning period, and the limits of budgetary obligations, brought in the prescribed manner to the Ministry of Industry and Trade of the Russian Federation as a recipient of federal budget funds for the purposes specified in paragraph 1 of these Rules.
3 (1). Subsidies are provided to an organization subject to the following conditions:
A) the direction by the organization of credit resources for the production and (or) export of industrial products for military purposes;
B) timely execution of credit agreements by the organization in terms and volumes, which are established by the corresponding loan repayment schedules;
C) as of the date no earlier than 5 calendar days prior to the date of submission of documents for obtaining a subsidy:
The organization has no unfulfilled obligation to pay taxes, fees, insurance premiums, penalties, fines, interest payable in accordance with the legislation of the Russian Federation on taxes and fees;
The organization has no overdue debts for the return of subsidies to the federal budget, budget investments provided, including in accordance with other legal acts, and other overdue debts to the federal budget;
The organization is not in the process of reorganization, liquidation and bankruptcy;
The organization is not a foreign legal entity, as well as a Russian legal entity, in the authorized (pooled) capital of which there is a share of participation of foreign legal entities whose place of registration is a state or territory included in the list of states and territories that provide a preferential tax regime approved by the Ministry of Finance of the Russian Federation taxation and (or) not providing for the disclosure and provision of information when conducting financial transactions (offshore zones) in relation to such legal entities, in aggregate exceeds 50 percent;
The organization did not receive funds from the federal budget on the basis of other regulatory legal acts for the purposes specified in paragraph 1 of these Rules;
The organization has no overdue debt on monetary obligations to the Russian Federation, as defined in Article 93.4 of the Budget Code of the Russian Federation.
4. Subsidies for loans received in the currency of the Russian Federation are provided in the amount of 70 percent of the organization's expenses for the payment of interest on the loan in the billing period. At the same time, the amount of the subsidy may not exceed the amount calculated on the basis of 70 percent of the refinancing rate effective as of the date of payment of interest on the loan, the key rate of the Central Bank of the Russian Federation (from January 1, 2016), the basic indicator calculated in accordance with the decree of the Government of the Russian Federation of July 20, 2016 N 702 "On the application of basic indicators when calculating the parameters of subsidizing the interest rate at the expense of the federal budget for loans, bonded loans and (or) leasing agreements, depending on the terms of lending, as well as determining the maximum level of the final lending rate, above which the interest rate is not subsidized "(for loans received after January 1, 2017).
5. Subsidies for loans received in foreign currency are provided in rubles at the rate of 70 percent of the organization's expenses for paying interest on the loan in the billing period based on the ruble against foreign currency exchange rate established by the Central Bank of the Russian Federation as of the date of these costs. At the same time, the amount of the subsidy provided cannot exceed the amount calculated on the basis of the rate on a loan received in foreign currency in the amount of 8 percent per annum.
6. To receive a subsidy, an organization submits an application to the Ministry of Industry and Trade of the Russian Federation in the form approved by the Ministry, with the following documents attached:
A) copies of the loan agreement, loan repayment and interest payment schedules certified by the Russian credit institution or the state development corporation VEB.RF;
B) statements of the organization's loan account, certified by the Russian credit institution or the state development corporation VEB.RF, confirming the receipt of a loan, as well as documents confirming the timely payment by the organization of the interest accrued by the Russian credit institution or the state development corporation VEB.RF for the use of the loan in accordance with the loan agreement;
C) calculation of the size of the subsidy in the form in accordance with Appendices No. 1 or (calculations for tranches received under the credit line are made separately, taking into account their repayment);
D) copies of contracts for the supply of military industrial products for export and the corresponding customs declarations certified by the head and chief accountant (if any) of the organization. In the case of export supplies of industrial products for military purposes under a commission agreement, the organization submits a copy of the contract with a foreign person on the supply of the specified products, certified by the head and chief accountant (if any) of the commissioning organization, copies of the commission agreements of the organization with the commissioning organization and the corresponding customs declarations, certified by the head and chief accountant (if any) of the organization. If the contract or agreement contains information constituting a state secret, then an extract from it is submitted containing the necessary information;
E) a certificate, certified by the head and chief accountant (if any) of the organization, confirming the use of loans in order to fulfill export contracts, indicating the volume of loans and the share of credit resources aimed at exporting industrial products for military purposes, containing a financial and economic justification for the need to attract loans;
F) a certificate certified by the head and the chief accountant (if any) of the organization, containing information on the facts of appeal in order to obtain subsidies in accordance with other regulatory legal acts and the results of their consideration;
G) a notarized copy of a license issued by the Federal Service for Military-Technical Cooperation for the export of military products or an extract from the list of military products approved for export from the Russian Federation approved by the Federal Service for Military-Technical Cooperation;
H) description of the supplied products;
I) a certificate from the tax authority confirming the absence of the organization as of the date no earlier than 5 calendar days before the date of submission of documents of an unfulfilled obligation to pay taxes, fees, insurance premiums, penalties, fines, interest payable in accordance with the legislation of the Russian Federation on taxes and fees, certified in accordance with the established procedure (in case of failure to submit the specified certificate by the organization, the Ministry of Industry and Trade of the Russian Federation requests it independently);
J) a certificate certified by the head and the chief accountant (if any) of the organization, confirming the organization's compliance with the requirements specified in paragraphs three to seven of subparagraph "c" of paragraph 3 (1) of these Rules.
7. The Ministry of Industry and Trade of the Russian Federation registers the organization's application with the attached documents. The registration number and date of the application received with the attached documents are entered in a special journal, which must be numbered, laced and sealed with the seal of the Ministry.
In the event of improper execution of the documents specified in clause 6 of these Rules, the Ministry of Industry and Trade of the Russian Federation within 30 days from the date of registration notifies the applicant about this, indicating the identified violations. At the same time, consideration of the issue of granting a subsidy is suspended.
Consideration of the issue of granting a subsidy is resumed after the organization has eliminated all identified violations. The registration number and the date of receipt from the organization of documents with eliminated violations are entered in the journal.
The Ministry of Industry and Trade of the Russian Federation returns the documents to the applicant in the event that the applicant does not eliminate the identified violations within 30 calendar days from the date of his notification.
The provision of subsidies is carried out in the order of priority, formed based on the date of receipt of documents that meet the requirements and conditions that are provided for in paragraphs 3 (1) and these Rules.
An organization in respect of which a positive decision on granting a subsidy was made in accordance with the established procedure, however, there is no possibility of granting it in the declared amount in the current financial year due to the lack of budgetary commitments limits, communicated in the prescribed manner to the Ministry of Industry and Trade of the Russian Federation as a recipient of budgetary funds , submits, by March 1, an application for granting the amount of the subsidy that has not been received in the next financial year. The decision to grant a subsidy is made by the Ministry of Industry and Trade of the Russian Federation within 10 days without re-examining the organization for its compliance with the criteria established for receiving a subsidy, provided that the Ministry of Industry and Trade of the Russian Federation as a recipient of budgetary funds in the prescribed manner, the limits are communicated on the date of application to the Ministry of Industry and Trade of the Russian Federation. budgetary commitments for the corresponding year.
8. The decision on granting a subsidy is made by the Ministry of Industry and Trade of the Russian Federation by December 25 of the current financial year.
The amount of the subsidy is determined in accordance with the calculations of the size of the subsidy in the form in accordance with Appendices No. 1 and.
9. An organization may be refused a grant in the following cases:
Failure by the organization to comply with the conditions provided for in paragraph 3.1 of these Rules;
Non-compliance of the documents submitted by the organization with the requirements provided for in paragraph 6 of these Rules, or failure to submit (submission not in full) of these documents;
The presence of inaccurate information in the documents submitted by the organization.
10 - 11. Abolished. - Decree of the Government of the Russian Federation of 02.23.2018 N 193.
12. The transfer of the subsidy is carried out no later than the 10th business day after the decision of the Ministry of Industry and Trade of the Russian Federation to provide the subsidy to the organization's current account opened with the Central Bank of the Russian Federation or a credit organization.
Information on the amount and timing of the transfer of subsidies is taken into account by the Ministry of Industry and Trade of the Russian Federation when forming a forecast of cash payments from the federal budget, which is necessary to draw up a cash plan for the execution of the federal budget in accordance with the established procedure.
13. An indicator of the effectiveness of the provision of a subsidy is the fulfillment of obligations under the current concluded contract (commission agreement) for the supply of military industrial products for export or the conclusion of a new contract (commission agreement) for the supply of military products for export in the year following the year of provision. subsidies.
The organization submits, not later than June 1 of the year following the reporting financial year, copies of the specified export contracts (commission agreements) in order to confirm the effectiveness of the grant.
14. In case of failure to achieve the performance indicator for the provision of a subsidy provided for in paragraph 13 of these Rules, the subsidy is subject to return to the federal budget within 10 working days from the date of receipt of the corresponding request from the Ministry of Industry and Trade of the Russian Federation, sent by registered mail with acknowledgment of receipt.
15. If, based on the results of inspections carried out by the Ministry of Industry and Trade of the Russian Federation and (or) state financial control bodies, it is established that the goals, conditions and procedure for granting a subsidy have been violated, the corresponding funds shall be returned to the federal budget:
A) on the basis of the request of the Ministry of Industry and Trade of the Russian Federation not later than the 3rd working day from the date of receipt of the specified request by the organization
B) on the basis of a submission and (or) an order of the state financial control bodies within the time limits established in accordance with the budgetary legislation of the Russian Federation.
16. The Ministry of Industry and Trade of the Russian Federation publishes on its official website in the information and telecommunications network "Internet" information on the start of accepting applications from organizations for subsidies, as well as information on the termination of the acceptance and consideration of applications from organizations for subsidies in the absence of unused budget limits. obligations communicated in the prescribed manner to the Ministry of Industry and Trade of the Russian Federation as a recipient of federal budget funds for the purposes specified in paragraph 1 of these Rules.
17. The Ministry of Industry and Trade of the Russian Federation and the authorized bodies of state financial control are obliged to carry out inspections of compliance by organizations with the goals, conditions and procedure for granting subsidies.
Appendix N 1
from the federal budget to Russian
organizations - exporters of industrial
military products
to reimburse part of the costs
to pay interest on loans,
received in Russian credit
organizations and in the state
development corporation "VEB.RF"
CALCULATION of the amount of subsidy provided from the federal budget to reimburse part of the cost of paying interest on a loan received in the currency of the Russian Federation (in rubles) ___________________________________________________________________________ (full name of the organization) TIN ____________________ KPP ________________ settlement account ______________ in _________________________________________________________________________ (name of the credit institution) BIC ________________________ correspondent account _______________________ Code of the main activity of the organization according to OKVED2 _____________________ ___________________________________________________________________________ (purpose of the loan) Under the loan agreement N __________________ dated "__" ___________ 20__ in _________________________________________________________________________ (name of the credit institution) for the period from "__" _________________ 20__ to "__" _______________ 20__ 1. Date p loan granting ___________________________________________. 2. The maturity date of the loan under the loan agreement _________________________. 3. Loan amount ________________________________________________________. 4. Interest rate on the loan __________________________________________. 5. Key rate (refinancing rate) of the Central Bank of the Russian Federation (basic indicator) as of the date of payment of interest on the loan __________________________________________________________________. 6. Date of payment by the organization of interest on the loan _________________________. 7. The share of the loan aimed at exporting industrial products for military purposes, _________________________________ percent.Appendix N 2
to the Rules for the provision of subsidies
from the federal budget to Russian
organizations - exporters of industrial
military products
to reimburse part of the costs
to pay interest on loans,
received in Russian credit
organizations and in the state
development corporation "VEB.RF"
CALCULATION of the amount of subsidy provided from the federal budget to reimburse part of the cost of paying interest on a loan received in foreign currency (in rubles) ___________________________________________________________________________ (full name of the organization) TIN ____________________ KPP ________________ settlement account ______________ in _________________________________________________________________________ (name of the credit institution) BIC ________________________ correspondent account _______________________ Code of the main activity of the organization according to OKVED2 _____________________ ___________________________________________________________________________ (purpose of the loan) Under the loan agreement No. _______________ dated "__" ___________ 20__ in _________________________________________________________________________ (name of the credit institution) for the period from "__" _________________ 20__ to "__" _______________ 20__ 1. Date of submission i loan ___________________________________________. 2. The maturity date of the loan under the loan agreement _________________________. 3. Loan amount ________________________________________________________. 4. Interest rate on the loan __________________________________________. 5. The maximum loan rate used to calculate the maximum amount of compensation, ______________________________________________________. 6. The exchange rate of the ruble against foreign currency established by the Central Bank of the Russian Federation on the date of payment by the organization of interest on the loan, _________________________________________________________________. 7. Date of payment by the organization of interest on the loan _______________ interest. 8. The share of the loan aimed at exporting industrial products for military purposes, _________________________________ percent.The limitation of the duration of the program of assistance to mortgage borrowers who find themselves in a difficult financial situation has been canceled
Amendments made to the Basic Provisions for the Implementation of the Program of Assistance to Certain Categories of Borrowers for Housing Mortgage Loans, including:
the limitation of the Program validity period was canceled (earlier the Program validity period extended to restructuring agreements concluded before May 31, 2017);
the maximum amount of compensation for each restructured mortgage loan was increased from 20 to 30 percent of the balance of the loan amount calculated on the date of the conclusion of the restructuring agreement, but not more than 1.5 million rubles, in relation to all categories of borrowers (in this case, the maximum amount may be increased by decision formed by the interdepartmental commission for making decisions on reimbursing creditors, mortgage agents, AHML JSC for losses incurred as a result of the restructuring of housing mortgage loans in accordance with the terms of the Program, no more than 2 times);
provides for an indication in the restructuring agreement of a mandatory condition on setting the lending rate for the entire loan term not higher than 11.5 percent per annum (previously not higher than 12 percent per annum) for loans denominated in foreign currency.
Earlier, by Order of the Government of the Russian Federation of July 25, 2017 N 1579-r, 2 billion rubles of budgetary appropriations were allocated for the implementation of the Program. Now these funds are directed to the authorized capital of AHML JSC for the purpose of reimbursing the incurred losses.
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GOVERNMENT OF THE RUSSIAN FEDERATION RESOLUTION ON FURTHER IMPLEMENTATION |
The Government of the Russian Federation decides:
1. To approve the attached amendments to the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approved by the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company “Agency for Housing Mortgage Lending” (Collected Legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, No. 50, Art. 7089; 2017, No. 8, Art. 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
by September 1, 2017, create an interdepartmental commission for making decisions on reimbursement of creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans) , the rights of claim for which were acquired by mortgage agents, and the joint-stock company “Agency for Housing Mortgage Lending” for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in accordance with the terms of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulations on the said commission, the composition and procedure for its work;
to send to the joint-stock company "Agency for Housing Mortgage Lending" in accordance with the established procedure, funds in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" "For the purpose of reimbursing losses (their part) to creditors (lenders) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for mortgage loans (loans), the rights of claim under which acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, if the said mortgage loans (loans) are restructured in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage personal loans (loans) in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company “Agency for Housing Mortgage Lending” by 2 billion rubles by placing additional shares and take actions related to the acquisition of these shares and registration of the ownership of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Utilities of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company “Agency for Housing Mortgage Lending”.
4. To recommend to the joint-stock company “Agency for Housing Mortgage Lending”, prior to increasing the authorized capital in accordance with the third paragraph of clause 2 and clause 3 of this resolution, to send its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (their part) arising as a result of restructuring on the terms of the program assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and allow the use of funds received in accordance with paragraph three of paragraph 2 of this Resolution to reimburse the costs of the joint-stock company "Agency for Housing Mortgage Lending", fuss who, during the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans), who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If the borrowers' applications for the restructuring of mortgage loans (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (part of them) to creditors (lenders) on mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in case of repeated application of the borrower, provided that the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation are met, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
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CHANGES, WHICH ARE INCLUDED IN THE BASIC CONDITIONS OF IMPLEMENTATION ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED IN A CHALLENGING FINANCIAL SITUATION |
The main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:
“Approved
government decree
Russian Federation
(as amended by resolution
Government of the Russian Federation
BASIC CONDITIONS
IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SEPARATE CATEGORIES OF BORROWERS
ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A CHALLENGING FINANCIAL SITUATION
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the conditions for reimbursement of creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and society "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising as a result of such restructuring (hereinafter referred to as the lender, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out one-time for mortgage loans (loans), restructured in accordance with this document, in the manner prescribed by the Joint Stock Company “Agency for Housing Mortgage Lending”, published on its official website in the information and telecommunications network “Internet”.
3. Losses (their part) of the lender are subject to compensation for each mortgage housing loan (loan) restructured in accordance with this document, in the amount by which, as a result of restructuring in the cases provided for in subparagraph “c” of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.
4. Reimbursement under the program is carried out within the funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the lender's decision on the restructuring application submitted by the borrower to the lender (hereinafter referred to as the restructuring application).
Restructuring can be carried out by the conclusion of the lender and the borrower (joint and several debtors) of an agreement on changing the conditions of a previously concluded credit agreement (loan agreement), concluding a new loan agreement (loan agreement) for the purpose of full repayment of debt on the restructured mortgage loan (loan), concluding an amicable agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan (loan) calculated on the date of the conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except as provided for in paragraph 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on reimbursement to creditors (lenders) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law “On Mortgage Securities”, for mortgage loans (loans), rights of claim for which were acquired by mortgage agents, and the joint-stock company “Agency for Housing Mortgage Lending” for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the appropriate appeal of the lender to the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
8. Unless otherwise provided by this document, as of the date of filing an application for restructuring, the following conditions must be met simultaneously:
a) the borrower (joint and several debtors) is a citizen of the Russian Federation belonging to one of the following categories:
citizens who have one or more minor children or who are guardians (curators) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
b) change in the financial situation of the borrower (joint and several debtors) - the average monthly total income of the borrower's family (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the size of the planned monthly payment on the loan (loan) calculated on the date preceding the date of filing an application for restructuring does not exceed, for each family member of the borrower (joint and several debtor), two times the subsistence minimum established in the constituent entities of the Russian Federation in whose territory the persons whose incomes were taken into account live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the billing period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and his family members, which for the purposes of this subparagraph include the spouse (spouse) of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as the persons specified in paragraph five of sub-clause "a" of this clause, and the size of the planned monthly payment on a loan, calculated on the date preceding the date of filing an application for restructuring, increased by at least by 30 percent compared to the size of the planned monthly payment calculated on the date of the loan agreement (loan agreement);
c) security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of rights of claim to such residential premises arising from an agreement for participation in shared construction that meets the requirements of the Federal Law “On participation in shared construction construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation ”(hereinafter referred to as the contract for participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;
e) residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the pledger. At the same time, in the period starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 N 373 “On the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the statutory capital of the joint-stock company “Agency for Housing Mortgage Lending” as of the date the borrower submits an application for restructuring, it is allowed to have the aggregate share of the mortgagor and his family members in ownership of no more than 1 other residential premises in the amount of no more than 50 percent. For the purposes of this subparagraph, family members of the pledger include the spouse of the pledger and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by a simple written application from the borrower. The borrower does not need to provide information from the Unified State Register of Real Estate. Joint Stock Company "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on a mortgage loan (loan) provided at least less than 12 months before the date the borrower submits the restructuring application.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change of the currency of the loan (loan) from foreign currency to Russian rubles at the rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for loans (loans) denominated in foreign currency) or not higher than the rate in effect on the date of the restructuring agreement (for loans (borrowings) denominated in Russian rubles);
c) a decrease in the monetary obligations of the borrower (joint and several debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the currency of the loan (loan) from foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (borrowings) denominated in foreign currency);
d) exemption of the borrower (joint and several debtors) from payment of the forfeit calculated under the terms of the loan agreement (loan agreement), with the exception of the forfeit actually paid by the borrower (joint and several debtors) and (or) collected on the basis of a court decision that entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage loans (loans) and (or) charge the lender from the borrower (joint and several debtors) a commission for actions related to restructuring.
12. All settlements within the framework of the program are carried out in Russian rubles at the rate of the corresponding currency set by the Central Bank of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency). ”.
GOVERNMENT OF THE RUSSIAN FEDERATION
ON FURTHER IMPLEMENTATION
The Government of the Russian Federation decides:
1. To approve the attached amendments, which are made to the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approved by the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to individual categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" (Collected Legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, No. 50, Art. 7089; 2017, No. 8, Art. 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
by September 1, 2017, create an interdepartmental commission for making decisions on reimbursement of creditors (lenders) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans) , the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in accordance with the terms of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulations on the said commission, the composition and procedure for its work;
to send to the joint-stock company "Agency for Housing Mortgage Lending" in accordance with the established procedure, funds in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" "for the purpose of reimbursing losses (their part) to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for housing mortgage loans (loans), the rights of claim under which acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, in the event that these mortgage loans (loans) are restructured in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage personal loans (loans) in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" by 2 billion rubles by placing additional shares and take actions related to the acquisition of these shares and registration of the ownership of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company "Agency for Housing Mortgage Lending".
4. To recommend to the joint-stock company "Agency for Housing Mortgage Lending", prior to increasing the authorized capital in accordance with the third paragraph of clause 2 and clause 3 of this resolution, to send its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (their part) arising as a result of restructuring under the terms of the program assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and allow the use of funds received in accordance with paragraph three of paragraph 2 of this Resolution to reimburse the costs of the joint-stock company "Agency for Housing Mortgage Lending", fuss who, during the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans), who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If the borrowers' applications for the restructuring of mortgage loans (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (part of them) to creditors (lenders) on mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in case of repeated application of the borrower, provided that the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation are met, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
dated August 11, 2017 N 961
CHANGES,
WHICH ARE INCLUDED IN THE BASIC CONDITIONS OF IMPLEMENTATION
ASSISTANCE PROGRAMS FOR SELECTED CATEGORIES OF BORROWERS
ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A CHALLENGING FINANCIAL SITUATION
The main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:
"Approved
government decree
Russian Federation
dated April 20, 2015 N 373
(as amended by resolution
Government of the Russian Federation
dated August 11, 2017 N 961)
BASIC CONDITIONS
IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SEPARATE CATEGORIES OF BORROWERS
ON HOUSING MORTGAGE LOANS (LOANS) PROVIDED
IN A CHALLENGING FINANCIAL SITUATION
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the terms of reimbursement to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and joint stock Society "Agency for Housing Mortgage Lending" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) resulting from such restructuring (hereinafter, respectively - lender, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out one-time for mortgage loans (loans), restructured in accordance with this document, in the manner prescribed by the Joint Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".
3. Losses (their part) of the lender are subject to compensation for each mortgage housing loan (loan) restructured in accordance with this document, in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.
4. Reimbursement under the program is carried out within the funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the lender's decision on the restructuring application submitted by the borrower to the lender (hereinafter referred to as the restructuring application).
Restructuring can be carried out by the conclusion of the lender and the borrower (joint and several debtors) of an agreement on changing the terms of a previously concluded credit agreement (loan agreement), concluding a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage loan (loan), concluding an amicable agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan (loan) calculated on the date of the conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except as provided for in paragraph 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the appropriate appeal of the lender to the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
8. Unless otherwise provided by this document, as of the date of filing an application for restructuring, the following conditions must be met simultaneously:
a) the borrower (joint and several debtors) is a citizen of the Russian Federation belonging to one of the following categories:
citizens who have one or more minor children or who are guardians (curators) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
citizens who are dependent on persons under the age of 24 who are pupils, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
b) change in the financial position of the borrower (joint and several debtors) - the average monthly total income of the borrower's family (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the size of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring does not exceed, for each family member of the borrower (joint and several debtor), two times the subsistence minimum established in the constituent entities of the Russian Federation, in the territory of which the persons whose income was taken into account live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the billing period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and his family members, which for the purposes of this subparagraph include the spouse (spouse) of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as the persons specified in paragraph five of sub-clause "a" of this clause, and the size of the planned monthly payment on a loan (loan), calculated on the date preceding the date of filing an application for restructuring, increased by at least by 30 percent compared to the size of the planned monthly payment calculated on the date of the loan agreement (loan agreement);
c) security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims for such residential premises arising from an agreement for participation in shared construction that meets the requirements of the Federal Law "On participation in shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation "(hereinafter referred to as the contract for participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;
e) residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the pledger. At the same time, in the period starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the statutory capital of the joint-stock company "Agency for Housing Mortgage Lending" on the date the borrower submits an application for restructuring, it is allowed to have the aggregate share of the mortgagor and his family members in ownership of no more than 1 other residential premises in the amount of no more than 50 percent. family members of the pledger include the pledger's spouse and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the borrower's application in a simple written form. The borrower does not need to provide information from the Unified State Register of Real Estate. th society "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on a mortgage loan (loan) provided at least less than 12 months before the date the borrower submits the restructuring application.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change of the currency of the loan (loan) from foreign currency to Russian rubles at the rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for loans (loans) denominated in foreign currency) or not higher than the rate in effect on the date of the restructuring agreement (for loans (borrowings) denominated in Russian rubles);
c) a decrease in the monetary obligations of the borrower (joint and several debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the currency of the loan (loan) from foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (borrowings) denominated in foreign currency);
d) exemption of the borrower (joint and several debtors) from payment of the forfeit calculated under the terms of the loan agreement (loan agreement), with the exception of the forfeit actually paid by the borrower (joint and several debtors) and (or) collected on the basis of a court decision that entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage loans (loans) and (or) charge the lender from the borrower (joint and several debtors) a commission for actions related to restructuring.
12. All payments under the program are carried out in Russian rubles at the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency). "
The Assistance Program for Mortgage Borrowers 2017-2018 has been extended, but the program introduced new conditions for borrowers - foreign exchange mortgage holders are in priority. How do I get help?
Without extracts of USRN. The new program of assistance to mortgage borrowers 2017-2018 from AHML has been extended, but is focused on helping foreign currency mortgage borrowers. Ruble - in flight?
On August 11, 2017, Russian Prime Minister Dmitry Medvedev signed a decree on the resumption of the state program of assistance to mortgage borrowers in a difficult financial situation. Assistance to ruble and foreign currency mortgages will be provided within the framework of Resolution No. 961 of August 11, 2017.
The resolution explains that due to the economic crisis, some mortgage borrowers found themselves in a difficult financial situation (lower income, increase in payments on mortgages issued in foreign currency), and therefore need financial assistance from the state.
Under the new program, mortgage borrowers receive financial assistance from the Agency for Housing Mortgage Lending (AHML) in the form of writing off 30%, but no more than 1.5 million rubles from the remaining amount of the mortgage. In addition, the forfeit calculated by the bank is subject to write-off, except for the forfeit that has already been paid by the borrower or collected on the basis of a court decision that has entered into legal force.
A total of 2 billion rubles have been allocated to help mortgage holders, this will allow restructuring 1.3 thousand problem mortgage loans.
After the restructuring, the foreign currency mortgage rate will not exceed 11.5%, and the ruble mortgage rate will not exceed the rate on the date of the restructuring.
The borrower can choose in what form to receive assistance from the state:
When carrying out restructuring, no commissions are charged by the lender.
The restructuring is carried out by the decision of the creditor bank. If the bank makes a positive decision, the issue of restructuring is then decided by the AHML.
Mortgage borrowers (families) belonging to the following categories can receive a restructuring of a mortgage loan under Resolution No. 961:
satisfying to each from conditions:
Thus, the program cuts off the possibility of participation of the majority of ruble mortgages. The authorities spoke about the priority of the new program for foreign currency mortgage borrowers back in the spring of 2017. Later, in July of the same year, this information was confirmed by representatives of banks.
In addition, by September 1, 2017, a special commission will be created that will deal with exceptional cases restructuring, for example, if the borrower does not meet some of the conditions of the program (no more than two clauses of the conditions), but at the same time clearly needs assistance. Consideration by the commission of such cases will be carried out on the basis of the appeal of the creditor bank(i.e. the decision to admit the borrower to the restructuring program or not, first of all, is made by the bank).
Also, the commission will be entitled to increase the amount of assistance to the mortgage borrower, but no more than 2 times.
The total area of mortgage housing should not exceed:
Mortgage housing should be the only one, at the same time, the presence of the aggregate share of the pledger and members of his family (the spouse of the pledger, as well as his minor children, including those under his guardianship or guardianship) in the right of ownership of no more than 1/2 of the share in another dwelling is allowed in the period from April 30, 2015 to the date of filing an application for restructuring.
The mortgage must be concluded not less than 12 months in advance before the date the borrower submits an application for restructuring.
To participate in the mortgage restructuring program, the borrower must collect the required documents:
In addition to the main list of documents, banks are entitled to require any additional documents to make a decision on the possibility of restructuring.
AHML will receive extracts from the Unified State Register of Real Estate on its own.
To get help from the state in repaying the mortgage, the borrower must contact his creditor bank:
The deadline for the end of the program is not stipulated in Resolution No. 961, but the program will end as soon as the funds allocated for its implementation run out. The regulation comes into force on August 22, 2017.
The sharp depreciation of the ruble had a negative financial impact on foreign currency borrowers. Some of them even face bankruptcy. You can read about the threat of bankruptcy in case of a mortgage and what will happen to a mortgage apartment in the article at the link.
In 2015, the Russian government adopted a program to support mortgage borrowers in difficult life situations. This program of assistance to mortgage holders prematurely ceased to exist in March 2017 due to the use of the allocated funds.
In August 2017, the Government of the Russian Federation, headed by D.A. Medvedev. allocated an additional 2 billion rubles to provide assistance to mortgage borrowers. However, the terms of the program have changed significantly.
For reference. The regulatory document governing the procedure for the provision of assistance is the Resolution of the Government of the Russian Federation of 20.04.2015 N 373 (with amendments and additions in force in 2017) "On the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending".
The new conditions of the program of assistance to mortgage borrowers, in force in 2018, were approved by the Government of the Russian Federation of August 11, 2017 N 961 "On the further implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation" (entered into force 21.08.2017).
Now let's take a closer look at the new conditions for obtaining support for borrowers with a mortgage loan.
The issues of providing assistance in the event of difficulties in repaying mortgage loans is handled by the joint-stock company "Agency for Housing Mortgage Lending".
Assistance is provided in the form of loan restructuring. At the same time, restructuring can be carried out both by the conclusion of the lender and the borrower (joint debtors) of an agreement on changing the terms of the previously concluded credit agreement (loan agreement), and by concluding a new loan agreement (loan agreement) for the purpose of full repayment of the debt on the restructured mortgage loan. To conclude a debt restructuring, the borrower must submit an application to the credit institution.
The maximum amount of compensation for a loan is 30% of the balance of the loan (loan) calculated on the date of the conclusion of the restructuring agreement, but not more than 1.5 million rubles.
At the same time, the interdepartmental commission for making decisions on compensation to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the appropriate appeal of the lender to the interdepartmental commission can be increased, but not more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
Despite the fact that the new version does not set specific terms for the program, it is assumed that the program will end its existence after spending all the allocated additional funds (2 billion rubles).
Now let's figure out who can get help. In accordance with the current legislation, citizens can count on help with mortgage difficulties subject to the following conditions at the same time(listed below):
1 prerequisite - categories of borrowers.
The borrower (joint and several debtors) is a citizen of the Russian Federation, belonging to one of the following categories:
Condition 2 - a change in the financial position of the borrower (joint and several debtors).
To receive assistance, it is necessary that the average monthly gross income of the family of the borrower (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the amount of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring , does not exceed, for each family member of the borrower (joint and several debtor), two times the subsistence minimum established in the constituent entities of the Russian Federation, on the territory of which the persons whose income was taken into account live.
New condition. At the same time, the average monthly total income of the family of the borrower (solidary debtors) in the billing period is equal to the sum of the average monthly income of the borrower (solidary debtors) and his family members, and the size of the planned monthly payment on a loan (loan), calculated on the date preceding the date of filing an application for restructuring, increased at least 30 percent in comparison with the size of the planned monthly payment calculated on the date of the conclusion of the loan agreement (loan agreement).
Thus, Despite the fact that the assistance program is designed not only for foreign currency borrowers, its condition for an increase of 30% in monthly payments suggests that this program will be able to benefit mainly from citizens who have taken out a mortgage in foreign currency.
3 condition - the location of the property and the official registration of the mortgage.
According to the current requirements, the object must be located on the territory of Russia, and must also be issued as a pledge. Read about the procedure for obtaining a mortgage in the article at the link.
4 condition - requirements for the area of the room.
Assistance is provided if residential premises, including residential premises, the right of claim for which arises from the equity participation agreement does not exceed:
For reference. The condition of the minimum cost of 1 sq. meter of total area is excluded.
Condition 5 - Sole Housing.
Assistance is provided only if there is only one accommodation. In this case, the presence of the aggregate share of the mortgagor and his family members in ownership of no more than 1 other dwelling in the amount of no more than 50 percent is allowed.
Important. Compliance with these conditions is confirmed by a simple written application from the borrower. The borrower does not need to provide information from the Unified State Register of Real Estate. The Joint Stock Company "Agency for Housing Mortgage Lending" checks the information provided by the borrower in accordance with this subparagraph.
6 condition - the term for the conclusion of the loan agreement.
Support is provided only for those loans for which the agreement was concluded at least 12 months before the date the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on the mortgage loan (loan) provided at least 12 months prior to the date the borrower submits an application for restructuring.
New exceptions. Clause 9 of the new Program Conditions (as amended by RF Government Decree of 11.08.2017 N 961) stipulates that in case of non-compliance with no more than two conditions stipulated by Clause 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in accordance with the procedure, stipulated by the regulation on the interdepartmental commission.
In order to receive assistance, the bank must provide for the following changes in the terms of the mortgage loan:
Acceptance of documents for rendering assistance to borrowers under the state program is carried out by the main banks of the Russian Federation. These include:
Sberbank, Gazprombank, VTB 24, Rosselkhozbank, Bank of Moscow, UniCredit Bank, Promsvyazbank, ROSBANK, B&N Bank, Absolut Bank, Avtogradbank, AK BARS, AKIBANK, GLOBEXBANK, Dalnevostochny bank, Zapsibkombank, ZENIT Bank, Kuryzhkombank , METKOMBANK, MTS-Bank, OTP Bank, Primsotsbank, RosEvroBank, Svyaz-Bank, Sobinbank, Center-invest.
Recall that in order to obtain restructuring, you must contact the bank that issued the mortgage loan, and then the bank itself applies to the Agency for Housing Mortgage Lending. Therefore, if all of the above conditions are satisfied, it will not be superfluous to refer to the decree of the Government of the Russian Federation of 20.04.2015 N 373 in the application to the bank.
The current edition of the RF Government Resolution N 373 can be found here.
Please note that the program does not provide for the full exemption of the borrower from making monthly payments on the loan, from paying fines, penalties and penalties accrued under the terms of the loan agreement (loan agreement). The lender may consider the issue of partial or full write-off of fines, penalties and penalties for late payments formed during the period of deterioration of the borrower's solvency. However, according to the assistance program approved by the Government of the Russian Federation, he is not obliged to do this. In addition, the program does not provide for the exemption of the borrower from property and title insurance obligations, as well as personal insurance, the conditions for which are spelled out in the current loan agreement.
Transitional provisions
Many borrowers applied for loan restructuring in early 2017 under the Mortgage Assistance Program (old version). In connection with the extension of the program, the question arises: "Is it worth submitting new applications in this case, or should banks return to consideration of previously submitted applications?"
The new Program Conditions established that if the borrowers' applications for the restructuring of housing mortgage loans (loans) were received before the entry into force of the Government of the Russian Federation No. 961 (until August 2017), but were not satisfied, compensation for losses (part of them) to creditors ( lenders) for housing mortgage loans (loans) can be carried out in the event of a repeated application of the borrower, subject to the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, in the new edition.
Thus, to receive support, it is necessary to submit new applications with the list of documents provided for by AHML JSC.
In 2015, a state program of assistance to mortgage borrowers was launched with the aim of helping people to fulfill their loan obligations for whom they really became unbearable.
The program began to operate in 2016, was suspended, then extended again. During this time, 18,887 families received assistance. By Decree of the Government of the Russian Federation of August 11, 2017 N 961, a decision was made to resume the program, the deadline is not specified in the document.
State support is provided through the Ministry of Construction of the Russian Federation through AHML. For this, the Agency for Housing Mortgage Lending JSC has allocated funds in the amount of 2 billion rubles for the purpose of reimbursing losses to creditors on mortgage loans.
AHML is a state organization with 100% state capital. Created to support banks that provide long-term loans for the purchase of housing by citizens.
How are the AHML, the bank that issued the “problem” mortgage, and the borrower related to each other? Omitting the terms, we get the following algorithm:
The program of the 2018 model has been greatly changed taking into account the economic situation, the decrease in mortgage rates and the emergence of banks of their own assistance programs (refinancing and restructuring) of problem debts. The support has become more personalized.
One thing remains unchanged: the program does not provide for payment of the borrower's debt for the borrower, but only helps to reduce the monthly financial burden to a feasible one.
Only four categories of citizens are eligible for state support:
New: Reducing the interest on mortgages taken to 6% for families where 2 and 3 children are born, in the period from January 1, 2018 to December 31, 2022. State-supported family mortgage program. AHML has already allocated money for this.
Requirements for your financial condition (both conditions are required):
In fact, this is a condition that only those who have taken out a foreign currency mortgage can receive assistance, since the ruble amounts of the contract are fixed and cannot grow by 30%. And with the jumping exchange rate of the dollar and the euro, this is possible.
Restrictions on the area of mortgage housing for the purpose of obtaining assistance:
If the mortgage housing is larger, the bank will simply advise you to sell it and buy a smaller apartment.
Price for 1 sq.m. collateralized housing should not be higher than 60% of the market price of 1 sq. m. typical housing on the market (for the calculation, actual data on the regional market are taken).
The last condition further narrows the circle of applicants for help. Prices per square meter in the market are subject to changes. And if the apartment has dropped significantly in price, then support will be denied. But the space restrictions do not apply to families with three or more children.
Additional conditions:
To get help, you need to contact the bank where the mortgage is issued. The bank must be included in the AHML list.
The latest news: AHML was renamed into Dom.RF JSC.
The amount of payments under the mortgage assistance program can (but difficult!) Be doubled by submitting an application to a special interdepartmental commission. The same commission will also consider your complaint if the bank refuses to provide assistance or when it is issued under 2 points of the conditions from the list of mandatory ones.
During the restructuring period, the lender cannot demand a commission or other additional payments from the borrower.
All actions related to restructuring are carried out at the expense of the state.
The list of necessary documents that must be collected before going to the bank:
You can clarify the entire list of documents at the bank or on the bank's website in the appropriate section.
Let us repeat that in practice only borrowers who have taken out a mortgage in foreign currency can count on receiving assistance from the state. For the rest, there is a large percentage of refusals.
And what about the rest of the borrowers who also find themselves in a difficult situation?
Banks offer their own options for restructuring / refinancing, mortgage loans without the participation of AHML.
According to the forecasts of JSC "Dom.RF" average mortgage rates will be about 8% by the end of 2018, and the rate of 7% is "the prospect of one or two years."
The Government of the Russian Federation decides:
1. To approve the attached amendments to the main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approved by the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" (Collected Legislation of the Russian Federation, 2015, N 17, Art. 2567; N 50, Art. 7179; 2016, No. 50, Art. 7089; 2017, No. 8, Art. 1245).
2. To the Ministry of Construction and Housing and Communal Services of the Russian Federation:
by September 1, 2017, create an interdepartmental commission for making decisions on reimbursement of creditors (lenders) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans) , the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in accordance with the terms of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, approve the regulations on the said commission, the composition and procedure for its work;
to send to the joint-stock company "Agency for Housing Mortgage Lending" in accordance with the established procedure, funds in the amount of 2 billion rubles in accordance with the order of the Government of the Russian Federation dated July 25, 2017 N 1579-r as a contribution to the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" "for the purpose of reimbursing losses (their part) to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law" On Mortgage Securities ", for housing mortgage loans (loans), the rights of claim under which acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, in the event that these mortgage loans (loans) are restructured in accordance with the terms of the program of assistance to certain categories of borrowers on mortgage personal loans (loans) in a difficult financial situation.
3. The Federal Agency for State Property Management shall ensure, in accordance with the established procedure, an increase in the authorized capital of the joint-stock company "Agency for Housing Mortgage Lending" by 2 billion rubles by placing additional shares and take actions related to the acquisition of these shares and registration of the ownership of the Russian Federation on them, in accordance with a tripartite agreement between the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Federal Agency for State Property Management and the Joint Stock Company "Agency for Housing Mortgage Lending".
4. To recommend to the joint-stock company "Agency for Housing Mortgage Lending", prior to increasing the authorized capital in accordance with the third paragraph of clause 2 and clause 3 of this resolution, to send its own funds in the amount of not more than 500 million rubles to reimburse creditors (lenders) for mortgage loans ( loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, losses (their part) arising as a result of restructuring under the terms of the program assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation, and allow the use of funds received in accordance with paragraph three of paragraph 2 of this Resolution to reimburse the costs of the joint-stock company "Agency for Housing Mortgage Lending", fuss who, during the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans), who find themselves in a difficult financial situation, in accordance with this paragraph.
5. If the borrowers' applications for the restructuring of mortgage loans (loans) were received before the entry into force of this resolution, but were not satisfied, compensation for losses (part of them) to creditors (lenders) on mortgage loans (loans), mortgage agents carrying out activities in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which acquired by this company, can be carried out in case of repeated application of the borrower, provided that the basic conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation are met, as amended by this resolution.
Prime Minister
Russian Federation
D. MEDVEDEV
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CHANGES TO THE BASIC CONDITIONS FOR THE IMPLEMENTATION OF THE ASSISTANCE PROGRAM FOR SEPARATE CATEGORIES OF BORROWERS ON HOUSING MORTGAGE LOANS (LOANS) INCLUDED IN A HARD FINANCIAL SITUATION |
The main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation shall be stated as follows:
BASIC CONDITIONS FOR THE IMPLEMENTATION OF THE ASSISTANCE PROGRAM TO SEPARATE CATEGORIES OF BORROWERS ON MORTGAGE HOUSING LOANS (LOANS) IN A HARD FINANCIAL SITUATION
1. The main conditions for the implementation of the program of assistance to certain categories of borrowers for mortgage loans (loans) who find themselves in a difficult financial situation (hereinafter referred to as the program) determine the conditions for restructuring mortgage loans (loans) for certain categories of borrowers who find themselves in a difficult financial situation, and also the terms of reimbursement to creditors (lenders) for housing mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for housing mortgage loans (loans), the rights of claim for which were acquired by mortgage agents, and joint stock Society "Agency for Housing Mortgage Lending" for housing mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) resulting from such restructuring (hereinafter, respectively - lender, borrower, compensation, restructuring).
2. Reimbursement under the program is carried out one-time for mortgage loans (loans), restructured in accordance with this document, in the manner prescribed by the Joint Stock Company "Agency for Housing Mortgage Lending", published on its official website in the information and telecommunications network "Internet".
3. Losses (their part) of the lender are subject to compensation for each mortgage housing loan (loan) restructured in accordance with this document, in the amount by which, as a result of restructuring in the cases provided for in subparagraph "c" of paragraph 10 of this document, the amount of monetary obligations of the borrower under the loan agreement (loan agreement), but not more than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document.
4. Reimbursement under the program is carried out within the funds provided for the implementation of the program.
5. Restructuring is carried out on the basis of the lender's decision on the restructuring application submitted by the borrower to the lender (hereinafter referred to as the restructuring application).
Restructuring can be carried out by the conclusion of the lender and the borrower (joint and several debtors) of an agreement on changing the terms of a previously concluded credit agreement (loan agreement), concluding a new loan agreement (loan agreement) for the purpose of full repayment of debt on a restructured mortgage loan (loan), concluding an amicable agreement (hereinafter referred to as the restructuring agreement). The terms of the restructuring agreement must comply with the requirements established by paragraph 10 of this document.
6. The maximum amount of compensation for each restructured mortgage housing loan (loan) is 30 percent of the balance of the loan (loan) calculated on the date of the conclusion of the restructuring agreement, but not more than 1,500 thousand rubles, except as provided for in paragraph 7 of this document.
7. In accordance with the decision of the interdepartmental commission for making decisions on compensation to creditors (lenders) for mortgage loans (loans), mortgage agents operating in accordance with the Federal Law "On Mortgage Securities", for mortgage loans (loans), rights of claim for which were acquired by mortgage agents, and the joint-stock company "Agency for Housing Mortgage Lending" for mortgage loans (loans), the rights of claim for which were acquired by this company, losses (their part) arising from the restructuring of mortgage loans (loans) in in accordance with the terms of the program (hereinafter referred to as the interdepartmental commission), the maximum amount of compensation for each restructured mortgage housing loan (loan) on the basis of the appropriate appeal of the lender to the interdepartmental commission can be increased, but no more than 2 times, in the manner prescribed by the regulation on the interdepartmental commission.
8. Unless otherwise provided by this document, as of the date of filing an application for restructuring, the following conditions must be met simultaneously:
a) the borrower (joint and several debtors) is a citizen of the Russian Federation belonging to one of the following categories:
citizens who have one or more minor children or who are guardians (curators) of one or more minor children;
citizens who are disabled or have disabled children;
citizens who are combat veterans;
citizens who are dependent on persons under the age of 24 who are pupils, students (cadets), graduate students, adjuncts, residents, assistant trainees, interns and full-time students;
b) change in the financial position of the borrower (joint and several debtors) - the average monthly total income of the borrower's family (joint and several debtors), calculated for 3 months preceding the date of filing an application for restructuring, after deducting the size of the planned monthly payment on a loan (loan) calculated on the date preceding the date of filing an application for restructuring does not exceed, for each family member of the borrower (joint and several debtor), two times the subsistence minimum established in the constituent entities of the Russian Federation, in the territory of which the persons whose income was taken into account live. In this case, the average monthly total income of the family of the borrower (joint and several debtors) in the billing period is equal to the sum of the average monthly income of the borrower (joint and several debtors) and his family members, which for the purposes of this subparagraph include the spouse (spouse) of the borrower (joint and several debtor) and his minor children, in including those under his guardianship or trusteeship, as well as the persons specified in paragraph five of sub-clause "a" of this clause, and the size of the planned monthly payment on a loan (loan), calculated on the date preceding the date of filing an application for restructuring, increased by at least by 30 percent compared to the size of the planned monthly payment calculated on the date of the loan agreement (loan agreement);
c) security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement) is a mortgage of a residential premises located on the territory of the Russian Federation, or a pledge of claims for such residential premises arising from an agreement for participation in shared construction that meets the requirements of the Federal Law "On participation in shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation "(hereinafter referred to as the contract for participation in shared construction);
d) the total area of residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), does not exceed 45 sq. meters - for a room with 1 living room, 65 sq. meters - for a room with 2 living rooms, 85 sq. meters - for a room with 3 or more living rooms;
e) residential premises, including residential premises, the right of claim to which arises from an agreement for participation in shared construction, the mortgage of which is a security for the fulfillment of the borrower's obligations under a loan agreement (loan agreement), is (will be) the only housing of the pledger. At the same time, in the period starting from the date of entry into force of the Decree of the Government of the Russian Federation of April 20, 2015 N 373 "On the main conditions for the implementation of the program of assistance to certain categories of borrowers for housing mortgage loans (loans) who find themselves in a difficult financial situation, and an increase in the statutory capital of the joint-stock company "Agency for Housing Mortgage Lending" on the date the borrower submits an application for restructuring, it is allowed to have the aggregate share of the mortgagor and his family members in ownership of no more than 1 other residential premises in the amount of no more than 50 percent. family members of the pledger include the pledger's spouse and his minor children, including those under his guardianship or guardianship. Compliance with these conditions is confirmed by the borrower's application in a simple written form. The borrower does not need to provide information from the Unified State Register of Real Estate. th society "Agency for Housing Mortgage Lending" checks the information provided in accordance with this subparagraph by the borrower;
f) the loan agreement (loan agreement) was concluded at least 12 months before the date the borrower submits an application for restructuring, unless the mortgage loan (loan) is provided for the purpose of full repayment of the debt on a mortgage loan (loan) provided at least less than 12 months before the date the borrower submits the restructuring application.
9. In case of non-compliance with no more than two conditions provided for in paragraph 8 of this document, the payment of compensation under the program is allowed in accordance with the decision of the interdepartmental commission in the manner prescribed by the regulation on the interdepartmental commission.
10. The restructuring agreement must simultaneously provide for the following conditions:
a) change of the currency of the loan (loan) from foreign currency to Russian rubles at the rate not higher than the rate of the corresponding currency established by the Central Bank of the Russian Federation as of the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency);
b) setting the lending rate not higher than 11.5 percent per annum (for loans (loans) denominated in foreign currency) or not higher than the rate in effect on the date of the restructuring agreement (for loans (borrowings) denominated in Russian rubles);
c) a decrease in the monetary obligations of the borrower (joint and several debtors) in the amount not less than the maximum amount of compensation established by paragraph 6, taking into account paragraph 7 of this document, due to a one-time forgiveness of a part of the loan (loan) amount and (or) change of the currency of the loan (loan) from foreign currencies into Russian rubles at a rate lower than the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (borrowings) denominated in foreign currency);
d) exemption of the borrower (joint and several debtors) from payment of the forfeit calculated under the terms of the loan agreement (loan agreement), with the exception of the forfeit actually paid by the borrower (joint and several debtors) and (or) collected on the basis of a court decision that entered into legal force.
11. When concluding a restructuring agreement, it is not allowed to shorten the terms of mortgage loans (loans) and (or) charge the lender from the borrower (joint and several debtors) a commission for actions related to restructuring.
12. All payments under the program are carried out in Russian rubles at the rate of the corresponding currency set by the Central Bank of the Russian Federation on the date of the conclusion of the restructuring agreement (for loans (loans) denominated in foreign currency). "
