INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 8, 2017 No. 4642-U

About modification of the Instruction of the Bank of Russia of September 17, 2015 No. 3801-U "About recognition of financial position of bank to the corresponding criteria for payment of the raised additional rate of insurance premiums"

1. Based on article 18 of the Federal Law 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), article 36 of the Federal Law of December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation" (The Russian Federation Code, 2003, No. 52, Art. 5029; 2004, No. 34, Art. 3521; 2005, No. 1, Art. 23; 2006, No. 31, Art. 3449; 2007, No. 12, Art. 1350; 2008, No. 42, Art. 4699; No. 52, Art. 6225; 2011, No. 1, Art. 49; No. 27, Art. 3873; No. 29, Art. 4262; No. 49, Art. 7059; 2013, No. 19, Art. 2308; No. 27, Art. 3438; No. 49, Art. 6336; No. 52, Art. 6975; 2014, No. 14, Art. 1533; No. 30, Art. 4219; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 14; No. 27, Art. 3958; No. 29, Art. 4355; 2016, No. 27, Art. 4297; 2017, No. 18, Art. 2661, Art. 2669; No. 31, the Art. 4789, the Art. 4816) 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 December 6, 2017 No. 32) to bring in the Instruction of the Bank of Russia of September 17, 2015 No. 3801-U "About recognition of financial position of bank to the corresponding criteria for payment of the raised additional rate of insurance premiums", registered by the Ministry of Justice of the Russian Federation on October 9, 2015 No. 39271 (further - the Instruction of the Bank of Russia No. 3801-U), the following changes.

1.1. State Item 2.1 in the following edition:

"2.1. Assessment of own means (capital) is performed according to Item 3.1 of the Instruction of the Bank of Russia of April 3, 2017 No. 4336-U "About assessment of economic situation of banks", No. 46771 registered by the Ministry of Justice of the Russian Federation on May 19, 2017 (further - the Instruction of the Bank of Russia No. 4336-U), based on value of the generalizing result on group of indicators of the capital (RGK) determined according to subitem 3.1.3 of Item 3. 1, Item 3.10 and subitem 4.3.5 of Item 4.3 of the Instruction of the Bank of Russia No. 4336-U.".

1.2. In Items 2.2 and 2.3 of the word "No. 2005-U" shall be replaced with words "No. 4336-U", to replace figures "3.8" with figures "3.10".

1.3. In Items 2.4 and 2.5 of the word "No. 2005-U" shall be replaced with words "No. 4336-U".

1.4. State Item 3.1 in the following edition:

"3.1. Assessment of financial position of bank is performed by the structural divisions of the Bank of Russia exercising supervision of activities of banks, once in quarter as of the first, following reporting quarter.".

1.5. In Item 3.2:

in paragraphs the second, fourth and fifth the words "territorial office of the Bank of Russia or Department of supervision of systemically significant credit institutions of the Bank of Russia" in the corresponding case shall be replaced with words "the structural division of the Bank of Russia exercising supervision of activities of banks," in the corresponding case;

in paragraph three of the word "territorial offices of the Bank of Russia or Department of supervision of systemically significant credit institutions of the Bank of Russia direct" shall be replaced with words "the structural division of the Bank of Russia exercising supervision of activities of banks directs".

1.6. State Item 3.3 in the following edition:

"3.3. If the bank performs measures for the prevention of bankruptcy with participation of the "Deposit Insurance Agency" state corporation or concerning bank measures for the prevention of bankruptcy with participation of the Bank of Russia according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" are performed (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. 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, Art. 3596; No. 31, Art. 4815; No. 48, the Art. 7052), values of the generalizing results on groups of indicators of the capital (RGK), and (or) assets (RGA), and (or) liquidities (RGL), and (or) indicator of risk management system (PU4), and (or) indicator of condition of internal control (PU5) are not applied for the purpose of recognition of financial position of bank to the corresponding criteria to payment of the raised additional rate of insurance premiums.".

2. This Instruction becomes effective from the date of its official publication.

Item 3.3 of the Instruction of the Bank of Russia No. 3801-U (in edition of this Instruction) is applied in case of assessment of financial position of bank in the IV quarter 2017.

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