Анастасия Мазова
Gajus-Images / Depositphotos.com
Законопроектом 1 предлагается расширить положения первой и третьей частей Гражданского кодекса, дополнив перечень организационно-правовых форм некоммерческих юридических лиц «личным фондом», и установить его правовой статус.
Так, в частности дается определение «личного фонда», под которым планируется понимать унитарную некоммерческую организацию, учрежденную на срок или бессрочно гражданином при жизни или после его смерти нотариусом, и осуществляющую управление переданным ей имуществом.
Изменениями, вносимыми законопроектом, регламентируется следующее:
создание личных фондов не предусматривает соучредительство;решение учредителя о создании личного фонда, устав и условия управления фондом подлежат нотариальному удостоверению;имущество, передаваемое в фонд, принадлежит ему на праве собственности, а, гражданин его создавший, теряет права на переданное им имущество после создания личного фонда;стоимость имущества, вносимая в фонд при его создании, должна быть не меньше 100 тыс. руб.;единоличным исполнительным органом фонда вправе быть любое физическое или юридическое лицо, назначенное в соответствии с уставом, за исключением учредителя;выгодоприобретателями фонда не могут быть коммерческие юридические лица.
К тому же, законопроектом устанавливается взаимная ответственность учредителя и фонда по обязательствам друг друга в течение трех лет со дня его создания. Так, гражданин несет субсидиарную ответственность по обязательствам своего фонда, а фонд – по обязательствам учредителя.
Личный фонд может быть реорганизован в форме слияния, присоединения, разделения или выделения, а также преобразован в общественно полезный фонд.
Напомним, действующая редакция ст. 123.20-1, ст. 123.20-2, ст. 123.20-3 ГК РФ предполагает создание только наследственного фонда (разновидность личного фонда), то есть после смерти его учредителя для целей принятия наследства и управления наследственным имуществом согласно воле учредителя.
В случае одобрения законопроекта, новая редакция ГК РФ вступил в силу с 1 марта 2022 года.
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1 С текстом законопроекта № 1172284-7 «О внесении изменений в части первую и третью Гражданского кодекса Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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