INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 12, 2018 No. 4773-U

About modification of the Instruction of the Bank of Russia of November 14, 2016 No. 175-I "About banking activities of non-bank credit institutions - the central partners, about obligatory standard rates of non-bank credit institutions - the central partners and features of implementation by the Bank of Russia of supervision of their observance"

1. Based on article 62.2 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, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, the Art. 1584, the Art. 1588) and Item 3 parts five of article 1 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. 4048; 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, Art. 4754, Art. 4761, Art. 4830; 2018, No. 1, the Art. 66) 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 March 26, 2018 No. 9) to bring in the Instruction of the Bank of Russia of November 14, 2016 No. 175-I "About banking activities of non-bank credit institutions - the central partners, about obligatory standard rates of non-bank credit institutions - the central partners and features of implementation by the Bank of Russia of supervision of their observance", registered by the Ministry of Justice of the Russian Federation on December 6, 2016 No. 44577, the following changes.

1.1. In Item 1.1:

to state the paragraph of the sixth in the following edition:

"opening and maintaining business bank accounts in precious metals, except for coins from precious metals;";

add with the paragraph of the following content:

"implementation of transfers at the request of legal entities, including corresponding banks, according to their bank accounts in precious metals.".

1.2. Add with Items 1.1.1 - 1.1.3 following of content:

"1.1.1. The central partner has the right to raise money of legal entities in deposits (poste restante and for certain term) is exclusive from participants of clearing (including in case when the participant of clearing acts for and on behalf of the clients).

1.1.2. The central partner has the right to perform banking activities and transactions with precious metals if it does not require use by the central partner of weight measuring devices and weights.

1.1.3. The central partner has the right to perfrom following the results of clearing calculations for bank accounts in precious metals according to obligations which party it is.".

1.3. In Item 2.2:

to state paragraphs of the seventh and eighth in the following edition:

"МЛикв - the minimum size of means necessary for ensuring the termination or restructuring of activities of the central partner calculated annually as of January 1 of the year following for reporting, no later than five trading days after day of disclosure of annual accounting (financial) accounts according to the Instruction of the Bank of Russia of December 6, 2017 No. 4638-U "About forms, procedure and terms of disclosure by credit institutions of information on the activities", the registered Ministry of Justice of the Russian Federation on December 25, 2017 No. 49423 (further - the Instruction of the Bank of Russia No. 4638-U), constituting 50 percent from the size of operating expenses reflected in the column 4 of line 21 of the form 0409807 "Report on financial results (the published form)" established by the Instruction of the Bank of Russia of November 24, 2016 No. 4212-U "About the list forms and procedure for creation and representation of forms of the reporting of credit institutions in the Central bank of the Russian Federation", the registered Ministry of Justice of the Russian Federation on December 14, 2016 No. 44718, on March 29, 2017 No. 46155, on December 25, 2017 No. 49421) (further - the Instruction of the Bank of Russia No. 4212-U);

MDR - the minimum size of means necessary for covering of potential losses as a result of deterioration in financial position of the central partner owing to reduction of its income or increase in the expenses which are not connected with non-execution or improper execution (further - non-execution) obligations participants of clearing calculated annually as of January 1 of the year following for reporting, no later than five trading days after day of disclosure of annual accounting (financial) accounts according to the Instruction of the Bank of Russia No. 4638-U, constituting 25 percent from the size of operating expenses reflected in the column 4 of line 21 of the form 0409807 "Report on financial results (the published form)" established by the Instruction of the Bank of Russia No. 4212-U;";

the thirteenth to state the paragraph in the following edition:

"ZN1.0 - the size of denominator of the standard rate of sufficiency of own means (capital) (H1.0) calculated according to subitem 2.1.1 of Item 2.1 of the Instruction of the Bank of Russia of June 28, 2017 No. 180-I "About obligatory standard rates of banks" registered by the Ministry of Justice of the Russian Federation on July 12, 2017 No. 47383, on November 30, 2017 No. 49055, on January 10, 2018 No. 49586. When calculating this size the remaining balance on balance and off-balance sheet accounts (their parts) formed as a result of carrying out transactions when implementing clearing activities and functions of the central partner is not considered;";

in the paragraph the fourteenth words "No. 3081-U" shall be replaced with words "No. 4638-U".

1.4. The fourth Item 5.2 to state the paragraph in the following edition:

"VLR - the size of highly liquid resources of the central partner which use is provided by rules of clearing for covering of the losses arising in case of non-execution by participants of clearing of the obligations which are not covered due to providing. The size of highly liquid resources of the central partner (which the central partner during the period of time determined by rules of clearing for which the central partner performs settlement of the losses which arose in connection with non-execution by the participant of clearing of the obligations shall have) is determined as fair value of securities portfolio of the central partner and the securities provided by participants of clearing as providing and collective clearing providing and which are kept on the corresponding custody accounts in settlement depositaries, and also the amount of remaining balance on the correspondent, clearing and other accounts of the central partner (in the amount of, exceeding the size of the minimum sizes of the money required to obligatory maintenance (storage) on the corresponding accounts) reflected in balance sheet accounts No. 30102, of 30110, of 30114, of 30118, of 30119, of 30125, 30221 (regarding incomplete settlings with the Bank of Russia), 30416, 30417, 30418, 30419, 30426, 30602 according to the Provision of the Bank of Russia of February 27, 2017 No. 579-P "About the Chart of accounts of financial accounting for credit institutions and procedure for its application", the registered Ministry of Justice of the Russian Federation on March 20, 2017 No. 46021, on July 20, 2017 No. 47474, on December 12, 2017 No. 49220, on March 12, 2018 No. 50299;".

2. This Instruction is subject to official publication and becomes effective since June 1, 2018.

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