INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 24, 2018 No. 4917-U

About procedure for submission to the Bank of Russia of documents for state registration of the changes made to the charter of credit institution and connected with receipt of the status of microfinance company and procedure for the direction credit institution in the Bank of Russia of the annulment petition of the license for banking operations in connection with receipt of the status of microfinance company

This Instruction according to part three of Article 10 and parts nine - the eleventh article 23 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, Art. 4754, Art. 4761, Art. 4830; 2018, No. 1, Art. 66; No. 18, Art. 2560, Art. 2576; No. 22, Art. 3043; No. 24, Art. 3400; No. 31, Art. 4852; No. 32, of the Art. 5100) (further - the Federal Law "About Banks and Banking Activity") determines procedure for submission to the Bank of Russia of documents for state registration of the changes made to the charter of credit institution and connected with receipt of the status of microfinance company and procedure for the direction by credit institution in the Bank of Russia of the annulment petition of the license for banking operations in connection with receipt of the status of microfinance company.

1. The credit institution for state registration of the changes made to the charter and connected with receipt of the status of microfinance company sends to the Bank of Russia (Department of the admission and termination of activities of the financial organizations) with the cover letter:

1.1. the documents listed in paragraphs the second - pole of Item 16.1 of the Instruction of the Bank of Russia of April 2, 2010 No. 135-I "About procedure for adoption by the Bank of Russia of the decision on state registration of credit institutions and issue of licenses for banking operations", registered by the Ministry of Justice of the Russian Federation on April 22, 2010 No. 16965, on December 17, 2010 No. 19217, on June 15, 2011 No. 21033, on September 22, 2011 No. 21869, on December 16, 2011 No. 22645, on November 5, 2013 No. 30308, on December 25, 2013 No. 30818, on December 11, 2014 No. 35134, on June 15, 2015 No. 37658, on April 13, 2016 No. 41783, on May 22, 2017 No. 46779; On October 31, 2017 No. 48750 (further - the Instruction of the Bank of Russia No. 135-I). At the same time the petition provided by the paragraph third Item 16.1 of the Instruction of the Bank of Russia No. 135-I shall contain also:

confirmation of the termination of agreements, the conclusion and (or) execution of which does not correspond to legal capacity of microfinance company;

specifying on method of receipt of the original document confirming entering of record into the Unified State Register of Legal Entities about state registration of the changes brought in the charter of credit institution and connected with receipt of the status of microfinance company, copy of the changes made to the charter, notifications on the made decision on entering of information about the legal entity into the state register of the microfinancial organizations with appendix of the certificate on entering of information about the legal entity into the state register of the microfinancial organizations, and also originals of licenses based on which the credit institution performed banking activities, with the put-down record about their cancellation: by mail or the authorized person in Department of the admission and termination of activities of the financial organizations;

1.2. originals of all licenses based on which the credit institution performs banking activities;

1.3. the copy of information of the "Deposit Insurance Agency" state corporation on exception of credit institution of the list of the banks staying on the registry in system of compulsory deposit insurance of physical persons in banks of the Russian Federation received according to part 5 of article 28 of the Federal Law of December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation" certified by person performing functions of sole executive body or other authorized person of credit institution (The Russian Federation Code, 2003, No. 52, Art. 5029; 2004, No. 34, Art. 3521; 2005, No. 1, Art. 23; No. 43, Art. 4351; 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, Art. 4789, Art. 4816; 2018, No. 1, Art. 54, Art. 66; No. 11, Art. 1588; No. 18, Art. 2576; No. 28, of the Art. 4139) (if the credit institution on the date of decision making about receipt of the status of microfinance company had the license of the Bank of Russia for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons and (or) stayed on the registry in system of compulsory deposit insurance of physical persons in banks of the Russian Federation);

1.4. the documents provided by parts 4 and 5 of article 5 of the Federal Law of July 2, 2010 No. 151-FZ "About microfinancial activities and the microfinancial organizations" (The Russian Federation Code, 2010, No. 27, Art. 3435; 2011, No. 27, Art. 3880; No. 49, Art. 7040; 2013, No. 26, Art. 3207; No. 30, Art. 4084; No. 51, Art. 6683, Art. 6695; 2014, No. 26, Art. 3395, 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 27; No. 27, Art. 4163, Art. 4225; 2017, No. 18, Art. 2669; No. 31, Art. 4830; 2018, No. 18, the Art. 2560) (further - the Federal Law "About Microfinancial Activities and the Microfinancial Organizations").

2. The annulment petition of the license for banking operations in connection with receipt of the status of microfinance company goes the credit institution which made the decision on receipt of such status to the Bank of Russia (Department of the admission and termination of activities of the financial organizations).

3. The documents listed in Item of 1 this Instruction go to the Bank of Russia (Department of the admission and termination of activities of the financial organizations):

in time, specified in paragraph one of Item 16.1 of the Instruction of the Bank of Russia No. 135-I (except for the case provided by the paragraph third this Item);

within one month from the date of obtaining by bank of the document provided by subitem 1.3 of Item of 1 this Instruction (if the credit institution on the date of decision making about receipt of the status of microfinance company had the license of the Bank of Russia for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons and (or) stayed on the registry in system of compulsory deposit insurance of physical persons in banks of the Russian Federation).

4. No later than 15 calendar days from receipt date in the Bank of Russia of all documents, stipulated in Item 1 this Instruction conforming to requirements of the Federal Law "About Banks and Banking Activity", the Federal Law "About Microfinancial Activities and the Microfinancial Organizations", Item 16.1 of the Instruction of the Bank of Russia No. 135-I and this Instruction, the Bank of Russia in the presence of the petition, the stipulated in Item 2 presents of the Instruction makes the decision on state registration of the changes made to the charter of credit institution and connected with receipt of the status of microfinance company.

Along with decision making, this Item specified in paragraph one, the Bank of Russia (Department of the admission and termination of activities of the financial organizations) sends to credit institution the written notice of the made decision on state registration of the specified changes and on the direction of the documents necessary for entering of data into the Unified State Register of Legal Entities, into the territorial authority of the Federal Tax Service performing functions on state registration of legal entities and individual entrepreneurs in the location of credit institution.

5. In case of incomplete submission of the documents provided by this Instruction, and (or) in case of discrepancy of the submitted documents to the requirements established by paragraph one of item 4 of this Instruction, the Bank of Russia (Department of the admission and termination of activities of the financial organizations) returns them to credit institution with the written conclusion. The documents submitted in one copy do not return.

6. The Bank of Russia (Department of the admission and termination of activities of the financial organizations) in time established by part 12 of article 5 of the Federal law "About Microfinancial Activities and the Microfinancial Organizations" sends with the cover letter to the legal entity (issues under the signature to the authorized person of the legal entity), to whose charter the changes connected with receipt of the status of microfinance company, the notification on the made decision on entering of information about the legal entity into the state register of the microfinancial organizations with appendix of the certificate on entering of information about the legal entity into the state register of the microfinancial organizations, the original document confirming entering of the corresponding record into the Unified State Register of Legal Entities, copy of the changes made to the charter, and originals of all licenses which were available for credit institution based on which it performed banking activities are made with the put-down record about cancellation of these licenses.

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

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