INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 26, 2017 No. 4669-U

About modification of the Provision of the Bank of Russia of November 30, 2014 No. 442-P "About procedure for carrying out selection of auditing organizations for conducting checks of credit institutions (their branches) at the request of the Board of directors of the Bank of Russia"

1. According to article 73 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. 50, the Art. 7562) and based on 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 22, 2017 No. 35) to bring in the Provision of the Bank of Russia of November 30, 2014 No. 442-P "About procedure for carrying out selection of auditing organizations for conducting checks of credit institutions (their branches) at the request of the Board of directors of the Bank of Russia", registered by the Ministry of Justice of the Russian Federation on February 25, 2015 No. 36203, the following changes.

1.1. In the paragraph the second Item 1.1 and in paragraph one of Item 2.3 of the word "the First Deputy Chairman of the Bank of Russia supervising the structural divisions of the Bank of Russia performing functions of banking supervision" shall be replaced with words "the First Deputy Chairman of the Bank of Russia supervising questions of supervision of credit institutions, banking groups".

1.2. In paragraph eight of Item 2.1 of the word" (further - the Federal Law "About Insolvency (Bankruptcy) of Credit Institutions")" shall be replaced with words ", article 189.10 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. 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. 4767, Art. 4815; No. 48, the Art. 7052) (further - the legislation of the Russian Federation on insolvency (bankruptcy)".

1.3. In Item 2.6 of the word "on paper" to exclude, "the administrative act" to replace words with the word "order".

1.4. In Item 2.8:

in paragraph one of the word "also submits to the First Deputy Chairman of the Bank of Russia supervising the structural divisions of the Bank of Russia performing functions of banking supervision" shall be replaced with words "and represents according to the procedure, determined by the order of the Bank of Russia, on approval to vice-chairmen of the Bank of Russia who coordinate and control work of structural divisions of the Bank of Russia, and also to the First Deputy Chairman of the Bank of Russia supervising questions of supervision of credit institutions, banking groups";

state paragraph two in the following edition:

"the draft of the order of the Bank of Russia on inclusion of auditing organizations in the list of the auditing organizations corresponding to criteria, certain Item 2.1 or Item 2.2 of this provision (further - the draft of the order of the Bank of Russia on inclusion of auditing organizations in the List of auditing organizations), with appendix of the draft of the List of auditing organizations to which conducting checks of credit institutions (their branches) can be entrusted (further - the List of auditing organizations);".

1.5. State Item 2.9 in the following edition:

"2.9. The draft of the order of the Bank of Russia on inclusion of auditing organizations in the List of auditing organizations after its approval according to Item 2.8 of this provision is submitted for the signature to the Chairman of the Bank of Russia (to person, it replacing).".

1.6. In Item 2.10 to replace the word "approvals" with the word "signings", shall be replaced with words the word of "List" "the order of the Bank of Russia on inclusion of auditing organizations in the List".

1.7. In Item 2.11:

in paragraph one of the word "The Bank of Russia Can Make the Decision" shall be replaced with words "Structural divisions of the Bank of Russia represent to the Main inspection of the Bank of Russia motivated petitions";

in the paragraph the second "article 4 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words words "the legislation of the Russian Federation on insolvency (bankruptcy)";

the fourth to declare the paragraph invalid.

1.8. Add Chapter 2 with Items 2.12 - 2.14 following contents:

"2.12. The main inspection of the Bank of Russia represents according to the procedure, determined by the order of the Bank of Russia, on approval to vice-chairmen of the Bank of Russia who coordinate and control work of structural divisions of the Bank of Russia, and also to the First Deputy Chairman of the Bank of Russia supervising questions of supervision of credit institutions, banking groups, the draft of the order of the Bank of Russia on exception of auditing organizations from the List of auditing organizations prepared on the basis of the motivated petition of structural division of the Bank of Russia.

2.13. The draft of the order of the Bank of Russia on exception of auditing organizations from the List of auditing organizations after its approval according to Item 2.12 of this provision is submitted for the signature to the Chairman of the Bank of Russia (to person, it replacing).

2.14. The Bank of Russia sends to auditing organization the notification on exception it from the List of auditing organizations (with indication of the bases of exception of auditing organization of the List of auditing organizations) no later than three working days from the date of signing by the Chairman of the Bank of Russia (person, it replacing) the order of the Bank of Russia on exception of auditing organizations of the List of auditing organizations.".

1.9. In paragraphs four and the fifth Item 3.3 and in Item 4.23 of the word "the First Deputy Chairman of the Bank of Russia supervising the Main inspection of the Bank of Russia" in the corresponding case shall be replaced with words "the First Deputy Chairman of the Bank of Russia supervising questions of supervision of credit institutions, banking groups" in the corresponding case.

1.10. In Item 4.1:

word in paragraph one of "the administrative act" to replace with the word of "order";

in the paragraph the second to replace the words "Administrative Act" with the word "Order", "the First Deputy Chairman of the Bank of Russia supervising the Main inspection of the Bank of Russia" shall be replaced with words words "the First Deputy Chairman of the Bank of Russia supervising questions of supervision of credit institutions, banking groups".

1.11. In Item 4.2:

in the paragraph the second shall be replaced with words the words "the First Deputy Chairman of the Bank of Russia supervising the Main inspection of the Bank of Russia" in the corresponding case "the First Deputy Chairman of the Bank of Russia supervising questions of supervision of credit institutions, banking groups";

word in paragraph three "the administrative act" to replace with the word "order".

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

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