INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 21, 2017 No. 182-I

About admissible combinations of banking activities of the non-bank credit institutions performing deposit credit operations about obligatory standard rates of the non-bank credit institutions performing deposit credit operations and about implementation by the Bank of Russia of supervision of their observance

This Instruction based on Articles 56, 62, 64 - 67, 70, 71, 72, 74 Federal Laws of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, the Art. 4456) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), articles 1 and 24 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, Art. 4294, Art. 4295; 2017, No. 14, Art. 2000; No. 18, Art. 2661, Art. 2669; No. 25, Art. 3596; No. 30, Art. 4456; No. 31, the Art. 4754) (further - the Federal Law "About Banks and Banking Activity") and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of November 10, 2017 No. 29) establish admissible combinations of banking activities for the non-bank credit institutions performing deposit credit operations (further - NDKO), obligatory standard rates of NDKO, and also implementation by the Bank of Russia of supervision of their observance.

Chapter 1. Admissible combinations of banking activities of NDKO

1.1. NDKO has the right to perform the following banking activities in combination:

attraction of money of legal entities in deposits (for certain term);

placement of the money of legal entities raised in deposits on its own behalf and at own expense;

purchase and sale of foreign currency in non-cash form on its own behalf and at own expense;

issue of bank guarantees.

1.2. NDKO has no right to perform the following banking activities:

attraction of money of physical persons in on-demand deposits and for certain term and legal entities in on-demand deposits;

placement of the money of physical persons raised in deposits on its own behalf and at own expense;

opening and maintaining bank accounts of physical persons and legal entities;

implementation of money transfers at the request of physical persons and legal entities, including corresponding banks, according to their bank accounts;

collection of money, bills of exchange, payment and settlement documents and cash servicing of physical persons and legal entities;

purchase and sale of foreign currency in cash form;

attraction in deposits and placement of precious metals;

implementation of money transfers without opening of bank accounts, including electronic money (except for postal orders).

1.3. NDKO in addition to the banking activities listed in Item 1.1 of this Instruction has the right to perform the transactions listed in part three of article 5 of the Federal law "About Banks and Banking Activity" taking into account Item 1.2 of this Instruction.

1.4. NDKO is not allowed to open abroad branches, representations and to create the affiliated organizations.

Chapter 2. Obligatory standard rates of NDKO

2.1. This Instruction establishes the following obligatory standard rates of NDKO:

sufficiency of own means (capital);

current liquidity;

long-term liquidity;

the maximum extent of risk on one borrower or group of the connected borrowers;

maximum extent of large credit risks;

the paragraph of the seventh ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 24.10.2018 No. 4940-U

paragraph of the eighth ceased to be valid

uses of own means (capital) of NDKO for share acquisition (shares) of other legal entities;

the maximum extent of risk on the face (group of the faces tied with NDKO) tied with NDKO.

2.2. Calculation of obligatory standard rates of NDKO and codes used when calculating obligatory standard rates is made by the technique established for banks by the Instruction of the Bank of Russia of November 29, 2019 No. 199-I "About obligatory standard rates and allowances to capital adequacy ratios of banks with the universal license", registered by the Ministry of Justice of the Russian Federation on December 27, 2019 No. 57008 (further - the Instruction of the Bank of Russia No. 199-I), taking into account provisions of Items 1.3 and 1.4 of the Instruction of the Bank of Russia No. 199-I.

2.3. When calculating obligatory standard rates of NDKO the size of own means (capital) is applied (To 0) which is determined according to the Provision of the Bank of Russia of December 28, 2012 No. 395-P "About technique of determination of size of own means (capital) of credit institutions ("Basel III")", the registered Ministry of Justice of the Russian Federation on February 22, 2013 No. 27259, on November 29, 2013 No. 30499, on October 2, 2014 No. 34227, on December 11, 2014 No. 35134, on December 17, 2014 No. 35225, on March 24, 2015 No. 36548, on June 5, 2015 No. 37549, on October 5, 2015 No. 39152, on December 8, 2015 No. 40018, on December 17, 2015 No. 40151, on August 26, 2016 No. 43442.

2.4. The standard rate of sufficiency of own means (capital) of NDKO (further - the standard rate of H1.0) is calculated according to subitem 2.1.1 of Item 2. 1, Item 2. 3, appendices 1, of 2, 4 and 7 to the Instruction of the Bank of Russia No. 199-I, at the same time the size of credit risk on derivative financial instruments is calculated according to appendix to the Instruction of the Bank of Russia of December 6, 2017 No. 183-I "About obligatory standard rates of banks with the basic license", registered by the Ministry of Justice of the Russian Federation on March 2, 2018 No. 50206, on September 12, 2019 No. 55912, on March 31, 2020 No. 57915, on June 2, 2020 No. 58550 (further - the Instruction of the Bank of Russia No. 183-I).

Minimum admissible numerical value of the standard rate H1.0 is established in the amount of 15 percent.

2.5. Minimum admissible numerical value of the standard rate of current liquidity (The N 3) is determined in the amount of 40 percent of the sum of quick assets from the amount of obligations (liabilities) on accounts poste restante and with completion date of obligations in the next 30 calendar days.

2.6. The most admissible numerical value of the standard rate of long-term liquidity (The N 4) is determined in the amount of 120 percent of the cumulative sum of credit requirements with remaining period before repayment date over 365 or 366 calendar days from the amount of own means (capital) of NDKO and obligations (liabilities) of NDKO with remaining period of obligation fulfillment to 365 calendar days.

2.7. The most admissible numerical value of the standard rate of the maximum extent of risk on one borrower or group of the connected borrowers (The N 6) is established in the amount of 25 percent from the size of own means (capital) of NDKO.

2.8. The most admissible numerical value of the standard rate of the maximum extent of large credit risks (The N 7) is established in the amount of 800 percent from the size of own means (capital) of NDKO.

2.9. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 24.10.2018 No. 4940-U

2.10. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 27.02.2020 No. 5404-U

2.11. The most admissible numerical value of the standard rate of use of own means (capital) of NDKO for share acquisition (shares) of other legal entities (The N 12) is established in the amount of 25 percent from the size of own means (capital) of NDKO.

2.12. The most admissible numerical value of the standard rate of the maximum extent of risk on the face (group of the faces tied with NDKO) tied with NDKO (The N 25) is established in the amount of 20 percent from the size of own means (capital) of NDKO.

Chapter 3. Observance of NDKO of obligatory standard rates

3.1. NDKO shall observe the obligatory standard rates established by this Instruction daily.

Violation of NDKO of numerical value of the obligatory standard rate as of any operational day is non-compliance with the obligatory standard rate.

3.2. If based on Item 2.3 of this Instruction to calculation of the obligatory standard rate (obligatory standard rates) NDKO make changes, along with forms of the reporting 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution" and 0409118 "Data on concentration of credit risk", established by the Instruction of the Bank of Russia of April 10, 2023 No. 6406-U "About forms, terms, procedure for creation and submission of the reporting of credit institutions (banking groups) to the Central bank of the Russian Federation, and also of the list of information on activities of credit institutions (banking groups)" (it is registered by the Ministry of Justice of the Russian Federation on August 16, 2023, registration No. 74823) (further - the Instruction of the Bank of Russia No. 6406-U), NDKO represents the explanatory note with statement of the applied calculation of the standard rate.

3.3. The method of control of daily observance of obligatory standard rates is determined by NDKO independently taking into account requirements of the Provision of the Bank of Russia of December 16, 2003 No. 242-P "About the organization of internal control in credit institutions and banking groups", No. registered by the Ministry of Justice of the Russian Federation on January 27, 2004 5489, on December 22, 2004 No. 6222, on March 20, 2009 No. 13547, on June 30, 2014 No. 32913.

Calculation of obligatory standard rates is perfromed without fail in cases when the Bank of Russia (territorial office of the Bank of Russia, authorized structural division of central office of the Bank of Russia) requires representation of calculation of standard rates for intra monthly date (intra monthly dates).

In case of presentation by the Bank of Russia (the territorial office of the Bank of Russia authorized by structural division of central office of the Bank of Russia) of the requirement about representation of calculation of obligatory standard rates of intra monthly date (intra monthly dates) all indicators participating in calculation of obligatory standard rates including indicator of own means (capital) and size of reserves, are calculated for settlement date of obligatory standard rates.

3.4. If for intra monthly date (intra monthly dates) NDKO violates the obligatory standard rate, information on it with indication of the standard rate according to which violation of the numerical value established by this Instruction, and date (dates) for which (which) it was broken, NDKO as a part of form of the reporting 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution" and form of the reporting 0409118 "Data on concentration of the credit risk" as of the first following for reporting is represented is allowed.

3.5. NDKO perfrom calculation of the obligatory standard rates established by this Instruction, as a percentage with one sign after comma (rounding to one decimal sign after comma is performed by mathematical rules).

Chapter 4. Implementation by the Bank of Russia of supervision of observance of NDKO of obligatory standard rates

4.1. The Bank of Russia (territorial offices of the Bank of Russia, authorized structural divisions of central office of the Bank of Russia) exercise supervision of observance of NDKO of obligatory standard rates on the basis:

the data obtained as a part of forms of the reporting 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409123 "Calculation of own means (capital) ("Basel III")", 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution" and 0409118 "Data on concentration of credit risk", established by the Instruction of the Bank of Russia No. 6406-U;

results of the checks performed by the Bank of Russia (authorized representatives (employees) of the Bank of Russia) according to article 73 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)";

this to the reporting provided to NDKO upon the demand of the Bank of Russia (territorial office of the Bank of Russia, authorized structural division of central office of the Bank of Russia) for intra monthly date (intra monthly dates) in forms of the reporting 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409123 "Calculation of own means (capital) ("Basel III")", 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution" and 0409118 "Data on concentration of credit risk";

information on the size of credit risk on contingent obligations of credit nature according to Item 13 of appendix 2 to the Instruction of the Bank of Russia No. 199-I provided to NDKO by bank inquiry of Russia (territorial office of the Bank of Russia, authorized structural division of central office of the Bank of Russia);

information on the size of credit risk on derivative financial instruments on the table of Item 9 of appendix to the Instruction of the Bank of Russia No. 183-I provided to NDKO by bank inquiry of Russia (territorial office of the Bank of Russia, authorized structural division of central office of the Bank of Russia);

information on the size of risk of change in value of the credit requirement as a result of deterioration in credit quality of the partner in the form given in Item 8 of appendix 7 to the Instruction of the Bank of Russia No. 199-I represented to NDKO by bank inquiry of Russia (territorial office of the Bank of Russia, authorized structural division of central office of the Bank of Russia).

4.2. For the purpose of control of the risks accepted by NDKO, the Bank of Russia (territorial office of the Bank of Russia, authorized structural division of central office of the Bank of Russia) according to Item 2.3 of this Instruction based on the professional (motivated) judgment created during supervision implementation (the documentary analysis and (or) checks) imposes on NDKO requirement about inclusion in calculation (about exception of calculation) obligatory standard rates of assets and (or) obligations, including the requirement about refining of structure of the codes given in appendix 1 to the Instruction of the Bank of Russia No. 199-I.

4.3. The Bank of Russia has the right to apply to measure NDKO, the stipulated in Article 74 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)", in case of non-compliance with the obligatory standard rate in total in six and more operational days during any 30 consecutive operational days.

Chapter 5. Final provisions

5.1. This Instruction becomes effective after 10 days after day of its official publication.

 

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