It is registered
Ministry of Justice
Russian Federation
On August 22, 2017 No. 47896
of June 13, 2017 No. 4404-U
About procedure for representation of insurance company to receivers in the Bank of Russia of the documents and information provided by Items 9 and 10 of article 184.4-1 of the Federal law "About Insolvency (Bankruptcy)", procedure for withdrawal by the receiver at insurance agents and other persons to whom forms of the strict reporting of insurance company, forms of the strict reporting of insurance company and their destruction by the receiver were transferred
This Instruction according to Items 5, the 9 and 10 article 184.4-1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, Art. 7024, Art. 7040, Art. 7061, Art. 7068; No. 50, Art. 7351, Art. 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, Art. 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, Art. 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, Art. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, Art. 11, Art. 29, Art. 35; No. 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4350, Art. 4355, Art. 4362; 2016, No. 1, Art. 11, Art. 27, Art. 29; No. 23, Art. 3296; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4237, Art. 4293, Art. 4305; 2017, No. 1, Art. 29; No. 18, Art. 2661; No. 25, 3596) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes the Art.:
procedure and terms of the direction to receivers of insurance company (further - the receiver) in the Bank of Russia of the copy of the report on the activities and the copy of the report on results of carrying out bankruptcy proceedings;
procedure for representation to receivers in the Bank of Russia of accounting (financial) and statistical records of insurance company, and also information on the course of bankruptcy proceedings, including the report on use of money of the debtor, by bank inquiry of Russia;
procedure for withdrawal by the receiver and transfers by insurance agents and other persons to whom forms of the strict reporting of insurance company were transferred (further - BSO), to the receiver of BSO and other documents which safety the insurance company according to requirements of the legislation of the Russian Federation regulating insurance activity and regulations of the Bank of Russia shall ensure (further - other documents of insurance company);
procedure for destruction by the receiver of BSO.
1.1. The receiver sends to the Bank of Russia the copy of the report on the activities constituted according to article 143 of the Federal law "About Insolvency (Bankruptcy)", no later than 30 calendar days from the date of consideration of the specified report creditor meeting (creditor committee) of insurance company.
1.2. The receiver sends to the Bank of Russia the copy of the report on results of carrying out the bankruptcy proceedings constituted according to article 147 of the Federal law "About Insolvency (Bankruptcy)", within 1 working day from the date of the direction according to Item 1 of article 147 of the Federal law "About Insolvency (Bankruptcy)" of the specified report in Arbitration Court.
1.3. Specified in Items 1.1 - 1.2 presents of the Instruction of the copy of reports are represented to receivers to the Bank of Russia by the direction of the electronic documents signed by the strengthened qualified digital signature according to requirements of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, Art. 3477; 2014, No. 11, Art. 1098; No. 26, Art. 3390; 2016, No. 1, Art. 65; No. 26, the Art. 3889) (further - the Federal Law "About the Digital Signature") on telecommunication channels, including by means of the Internet, or in the absence of technical capability - on papers.
1.4. The copies of reports represented to receivers on papers specified in Items 1.1 - 1.2 presents of the Instruction which amount exceeds 1 leaf shall be stitched, numbered, and also shall bear zaveritelny text of the receiver and seal of insurance company (in the presence of seal).
2.1. The receiver quarterly within 30 calendar days upon termination of quarter represents accounting (financial) and statistical records of insurance company to the Bank of Russia.
2.2. The receiver provides in the Bank of Russia information on the course of bankruptcy proceedings, including the report on use of money of the debtor on bank inquiry of Russia no later than 15 working days from the date of its obtaining in time.
2.3. Specified in Items 2.1 - 2.2 presents of the Instruction documents and information are represented to receivers to the Bank of Russia by the direction of the electronic documents signed by the strengthened qualified digital signature according to requirements of the Federal Law "About the Digital Signature" for telecommunication channels including by means of the Internet, or in the absence of technical capability - on papers.
2.4. The documents submitted by the receiver on papers and information specified in Items 2.1 - 2.2 presents of the Instruction which amount exceeds 1 leaf shall be stitched, numbered, and also shall bear zaveritelny text of the receiver and seal of insurance company (in the presence of seal).
3.1. The receiver withdraws, and insurance agents and other persons to whom BSO were transferred, transfer BSO and other documents of insurance company to the receiver under the Delivery-acceptance certificate of BSO and other documents of insurance company (appendix 1 to this Instruction).
3.2. Determination of quantity, the forms, series and numbers BSO transferred to insurance company is performed by the receiver taking into account information obtained from professional associations of insurers or other organizations to which according to the Federal Law the obligation of implementation of compensation payments on the corresponding types of insurance is assigned including owing to holding the procedures applied in the case of bankruptcy of insurance company, or revocation of license on implementation of insurance activity (further - professional association).
3.3. In case of detection of discrepancy by the receiver between the quantity, forms, series and numbers BSO determined (determined) according to Item 3.2 of this Instruction, and quantity, forms, series and numbers BSO, withdrawn according to Item 3.1 of this Instruction, and (or) the facts testimonial of lack of other documents of insurance company (further - the absent BSO and (or) other documents of insurance company), the receiver draws up the Statement of lack of BSO and (or) other documents of insurance company (appendix 2 to this Provision).
3.4. The receiver represents the copy the stipulated in Item 3.3 presents of the Instruction of the Act of lack of BSO and (or) other documents of insurance company within 3 working days after day of its creation to professional association of insurers, and also places data on the absent BSO and (or) other documents of insurance company on the official site of insurance company and the official site of the receiver on the Internet.
4.1. Before destruction of BSO the receiver performs the following actions:
checks the actual availability of BSO which are liable to destruction by their recalculation;
creates the list of series and numbers of BSO which are liable to destruction;
at least two of his representatives in the forthcoming destruction of BSO with indication of its place, date and time at least in 10 working days prior to the date specified in it send to professional association of insurers the notification on participation.
4.2. Destruction of BSO is performed by the receiver before completion of bankruptcy proceedings based on the Statement of destruction of BSO of insurance company (appendix 3 to this Provision) which is drawn up by it in duplicate in the presence of at least two representatives of professional association of insurers by burning or crushing of BSO.
4.3. One copy the stipulated in Item 4.2 presents of the Instruction of the Act of destruction of forms of the strict reporting signed by the receiver and representatives of professional association of insurers in the presence of whom destruction of BSO was performed goes to professional association of insurers, the second - is stored in insurance company.
5.1. This Instruction becomes effective after 10 days after day of its official publication.
Chairman of the Central bank of the Russian Federation
E. S. Nabiullina
to the Instruction of the Bank of Russia of June 13, 2017 No. 4404-U "About procedure for representation of insurance company to receivers in the Bank of Russia of the documents and information provided by Items 9 and 10 of article 184.4-1 of the Federal law "About Insolvency (Bankruptcy)", procedure for withdrawal by the receiver at insurance agents and other persons to whom forms of the strict reporting of insurance company, forms of the strict reporting of insurance company and their destruction by the receiver were transferred"
Recommended sample
Delivery-acceptance certificate of BSO <1> and other documents
insurance company
_____________________________ __ _______________ 20 __.
(place of creation) (date of creation)
___________________________________________________________________________
(full name of the legal entity, INN <2>, PSRN <3> or surname name
and middle name (in the presence of the last) physical person, INN (in the presence),
series, document number, the insurance agent proving the identity or
other person)
on behalf of ___________________________________________________________________,
(authorized representative of the legal entity or person, which
has the right to act without power of attorney on behalf of the legal entity)
acting on the basis of the ________________________________________________,
(name and details (in the presence)
the document confirming powers
the representative or person acting
without power of attorney)
and ______________________________________________, acting on the basis of the
(initials, surname of the receiver)
_________________________________, drew up this statement as follows.
(name and details
document, confirmatory
powers competitive
managing director)
__________________________________________________________________________,
(initials, surname of person giving BSO and other documents insurance
organizations)
transferred, and ________________________________________________________________
(initials, surname of the receiver)
accepted originals of the following documents:
--------------------------------
<1> Forms of the strict reporting.
<2> Identification taxpayer number.
<3> Primary state registration number.
|
N |
Name of the document |
Details of the document <1> |
Effective period of the document <2> |
The number of pages in the document <3> |
Condition of the document <4> |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
1 |
|
|
|
|
|
|
... |
|
|
|
|
|
_____________ _____________________ _____________ _____________________
(signature) (initials, surname) (signature) (initials, surname)
L. S. (in the presence of seal) M.P. (in the presence of seal)
--------------------------------
<1> By transfer of forms of the strict reporting their series and numbers are specified.
<2> By transfer of forms of the strict reporting it is not filled.
<3> By transfer of forms of the strict reporting it is not filled.
<4> By transfer of forms of the strict reporting it is specified "is used", "is not used", "is spoiled".
to the Instruction of the Bank of Russia of June 13, 2017 No. 4404-U "About procedure for representation of insurance company to receivers in the Bank of Russia of the documents and information provided by Items 9 and 10 of article 184.4-1 of the Federal law "About Insolvency (Bankruptcy)", procedure for withdrawal by the receiver at insurance agents and other persons to whom forms of the strict reporting of insurance company, forms of the strict reporting of insurance company and their destruction by the receiver were transferred"
Recommended sample
Act of lack of BSO <1> and (or) other documents
insurance company
_____________________________ __ _______________ 20 __.
(place of creation) (date of creation)
___________________________________________________________________________
(full name of the legal entity, INN <2>, PSRN <3> or surname name
and middle name (in the presence of the last) physical person, INN (in the presence),
series, document number, the insurance agent proving the identity or
other person)
on behalf of ___________________________________________________________________,
(authorized representative of the legal entity or person,
which has the right to act without power of attorney on behalf
legal entity)
acting on the basis of the ________________________________________________,
(name and details (in the presence)
the document confirming powers
the representative or person acting
without power of attorney)
and ________________________________________________________________________,
(initials, surname of the receiver)
acting on the basis of the ________________________________________________,
(name and details of the document,
confirmatory power competitive
managing director)
drew up this statement of lack of the following BSO and other documents
insurance company:
|
Details of the absent BSO which are subject to transfer, other documents of insurance company <4> |
The note (the actions performed by the receiver for factual determination of lack of BSO which are subject to transfer, other documents of insurance company are listed) |
|
1 |
2 |
|
1 |
|
|
... |
|
_____________ _____________________ _____________ _____________________
(signature) (initials, surname) (signature) (initials, surname)
L. S. (in the presence of seal) M.P. (in the presence of seal)
--------------------------------
<1> Forms of the strict reporting.
<2> Identification taxpayer number.
<3> Primary state registration number.
<4> By transfer of forms of the strict reporting their series and numbers are specified.
to the Instruction of the Bank of Russia of June 13, 2017 No. 4404-U "About procedure for representation of insurance company to receivers in the Bank of Russia of the documents and information provided by Items 9 and 10 of article 184.4-1 of the Federal law "About Insolvency (Bankruptcy)", procedure for withdrawal by the receiver at insurance agents and other persons to whom forms of the strict reporting of insurance company, forms of the strict reporting of insurance company and their destruction by the receiver were transferred"
Recommended sample
Act of destruction of BSO <1> of insurance company
No. __________ Copy _______
_____________________________ __ _______________ 20 __.
(place of creation) (date of creation)
Name of ________________________________________ insurance company
___________________________________________________________________________
The receiver in the presence of representatives of professional
merging of the insurers __________________________________________________
(surname name and middle name (in the presence of the last)
completely, name of position)
___________________________________________________________________________
(surname name and middle name (in the presence of the last) completely, the name
positions)
performed destruction of BSO by __________________________________________
(the applied destruction method: burning
(crushing)
in quantity ____________
(pieces)
The list of series and numbers of the forms of the strict reporting which are liable to destruction to
to this Act are applied.
Receiver of _________________________ ___________
(initials, surname) (signature)
Representatives of professional
merging of the insurers _________________________ ___________
(initials, surname) (signature)
_________________________ ___________
(initials, surname) (signature)
--------------------------------
<1> Forms of the strict reporting.
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The document ceased to be valid since December 30, 2025 according to Item 11 of the Instruction of the Central bank of the Russian Federation of November 7, 2025 No. 7229-U