INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 2, 2017 No. 4596-U

About procedure for the choice of the candidate for the arbitration manager by the Bank of Russia or self-regulatory organization of arbitration managers from among which members the arbitration manager in case of bankruptcy of credit institution shall be approved

This Instruction according to Item 1 of article 189.68 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, Art. 3569; No. 31, of the Art. 4815) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes procedure for the choice of the candidate for the arbitration manager by the Bank of Russia or self-regulatory organization of arbitration managers from among which members the arbitration manager in case of bankruptcy of credit institution shall be approved (further - self-regulatory organization).

Chapter 1. General provisions

1.1. In case of submission of the statement by the Bank of Russia in Arbitration Court about recognition of credit institution by the bankrupt (further - the statement for recognition by the bankrupt) or in case of receipt in the Bank of Russia of the appeal of the Arbitration Court containing the requirement about nomination of the arbitration manager in case of adoption of the statement for recognition by the bankrupt the Bank of Russia chooses the candidate for the arbitration manager for approval it by Arbitration Court from among arbitration managers who are accredited under the Bank of Russia as receivers in case of bankruptcy of credit institutions (further - accredited person).

1.2. In case of receipt in the Bank of Russia of the appeal of the Arbitration Court containing the requirement about representation to self-regulatory organization, the Bank of Russia chooses the self-regulatory organization having as a part of the members of accredited persons from among whom the arbitration manager shall be approved by Arbitration Court.

1.3. For the purpose of the choice of the candidate for the arbitration manager or Bank of Russia self-regulatory organization creates the list of accredited persons and the list of self-regulatory organizations respectively.

Forming of the list of accredited persons is performed by the Bank of Russia from among arbitration managers who are accredited under the Bank of Russia as receivers in case of bankruptcy of credit institutions. In the list of accredited persons of the information about them are located on increase of the certificate numbers about accreditation issued to accredited persons (further - the certificate on accreditation).

Forming of the list of self-regulatory organizations is performed by the Bank of Russia based on self-regulatory organizations of arbitration managers this the unified state register which maintaining is stipulated in Article 22.2 Federal Laws "About Insolvency (Bankruptcy)". The specified list joins the self-regulatory organizations having as a part of the members of accredited persons.

In the list of self-regulatory organizations of the information about them are located on increase of their registration numbers in the unified state register of self-regulatory organizations of arbitration managers.

The list of accredited persons and the list of self-regulatory organizations are public, are subject to placement on the official site of the Bank of Russia on the Internet and are updated in process of introduction of changes in them.

1.4. The list of accredited persons shall contain the following data:

sequence number of accredited person in the list;

number, date and effective period of the certificate on accreditation;

surname, name, middle name (in the presence) accredited person;

residential address (registration) of accredited person;

full name of self-regulatory organization which member is accredited person, its address, number in the unified state register of self-regulatory organizations of arbitration managers;

data on the direction to accredited person of the offer on the choice of its candidate for approval by the arbitration manager in case of bankruptcy of credit institution (further - the offer);

data on approval of accredited person by Arbitration Court by the arbitration manager in case of bankruptcy of credit institution or about refusal in its approval by Arbitration Court with indication of the name of credit institution and acceptance date Arbitration Court of the relevant decision.

1.5. The list of self-regulatory organizations shall contain the following data:

sequence number of self-regulatory organization in the list;

number of self-regulatory organization in the unified state register of self-regulatory organizations of arbitration managers;

full name of self-regulatory organization;

address of self-regulatory organization;

data on the direction to self-regulatory organization of the notification on its choice for submission to Arbitration Court (further - the notification);

data on approval of accredited person by Arbitration Court which candidacy is proposed by self-regulatory organization, the arbitration manager in case of bankruptcy of credit institution or about refusal in its approval by Arbitration Court with indication of the name of credit institution and acceptance date by Arbitration Court of the relevant decision.

Chapter 2. Choice of the candidate for the arbitration manager

2.1. The choice of the candidate for the arbitration manager is performed by the Bank of Russia in case of filing of application about recognition by the bankrupt or in case of receipt in the Bank of Russia of the appeal of the Arbitration Court containing the requirement about nomination of the arbitration manager in case of adoption of the statement for recognition by the bankrupt from the list of accredited persons on increase of sequence numbers in the list of accredited persons, starting with accredited person who has the smallest sequence number in the specified list.

Do not participate in the choice:

accredited persons who for date of implementation of the choice perform functions of the arbitration manager in case of bankruptcy of credit institution;

accredited persons to whom the offer is directed.

The Bank of Russia sends to the address of the chosen candidate for the arbitration manager the offer by means of fax connection (other communication providing operational receipt of information). At the same time the offer goes by means of mail service.

Along with the direction to accredited person of the offer the Bank of Russia enters information on the corresponding direction in the list of accredited persons and informs on it self-regulatory organization which member is accredited person.

2.2. The offer shall contain the following data:

name of credit institution and its registration number;

date of response at credit institution of the license for banking operations;

address and location of credit institution;

the correspondence address, phone number (fax) and (or) the e-mail address for communication with the Bank of Russia;

term for the direction accredited person in the Bank of Russia of the message on consent with the offer or on refusal of such offer which shall not be less than one working day from the date of receipt of the offer by accredited person.

2.3. If in time, specified in the offer, the Bank of Russia from accredited person does not receive consent with the offer or the message on refusal of the offer is received from accredited person, the Bank of Russia performs the choice of the candidate for the arbitration manager according to Item 2.1 of this Instruction.

2.4. In case of submission by the Bank of Russia of the statement for recognition by the bankrupt or in case of receipt in the Bank of Russia of the appeal of the Arbitration Court containing the requirement about nomination of the arbitration manager in case of adoption of the statement for recognition by the bankrupt the Bank of Russia proposes the candidacy of the arbitration manager who submitted in time, specified in the offer, consent with the offer sent it according to Item 2.1 of this Instruction.

2.5. The Bank of Russia as of date of the direction of the offer to the accredited person having the last sequence number in the list of accredited persons creates the list of accredited persons according to Item 1.3 of this Instruction.

Chapter 3. Choice of self-regulatory organization

3.1. In case of receipt in the Bank of Russia of the appeal of Arbitration Court about representation to Bank of Russia self-regulatory organization chooses self-regulatory organization from the list of self-regulatory organizations on increase of sequence numbers in the list of self-regulatory organizations, since the self-regulatory organization having the smallest sequence number in the specified list.

To the direction of the notification to the self-regulatory organization having the last sequence number in the list of self-regulatory organizations self-regulatory organizations to which the notification is directed do not participate in the choice.

The Bank of Russia sends to the address of self-regulatory organization the notification by means of fax connection (other communication providing operational receipt of information). At the same time the notification goes by means of mail service.

The notification shall contain the data provided by paragraphs the second - the fourth Item 2.2 of this Instruction.

Along with the direction to self-regulatory organization of the notification the Bank of Russia enters information on the direction of such notification in the list of self-regulatory organizations.

3.2. The Bank of Russia as of date of the direction of the notification of the self-regulatory organization having the last sequence number in the list of self-regulatory organizations creates the list of self-regulatory organizations according to Item 1.3 of this Instruction.

Chapter 4. Final provisions

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

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