INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 25, 2018 No. 5036-U

About modification of the Provision of the Bank of Russia of December 1, 2015 No. 507-P "About required reserves of credit institutions"

1. Based on article 38 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; 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, Art. 1584, Art. 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, Art. 4852; No. 32, Art. 5115; No. 49, the Art. 7524) 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 21, 2018 No. 39) to bring in the Provision of the Bank of Russia of December 1, 2015 No. 507-P "About required reserves of credit institutions", registered by the Ministry of Justice of the Russian Federation on December 25, 2015 No. 40275, on December 22, 2016 No. 44868, on January 16, 2018 No. 49646, the following changes.

1.1. In Item 1.3:

state paragraph two in the following edition:

"by their transfer into account for storage of required reserves, opened in the Bank of Russia irrespective of currency type of reserve obligations (further - the account on accounting of required reserves), via bank transfer;";

word in paragraph three", and also according to the procedure and the cases established by subitem 4.2.2 of item 4. 2, paragraph third item 4. 4, Item 5.2 of this provision, on correspondent accounts and the account on accounting of the required reserves deposited in the Bank of Russia in case of failure to carry out of obligation on averaging opened irrespective of currency type of reserve obligations (further - the account on accounting of required reserves in case of failure to carry out of obligation on averaging)" to exclude.

1.2. In Item 1.6 and the paragraph the second Item 1.7 "accounts" to replace the word with the word "account".

1.3. State Item 1.10 in the following edition:

"1.10. Money transfer in required reserves for transfer into the account on accounting of required reserves and return of funds of required reserves from the specified account on the correspondent account opened in the Bank of Russia in currency of the Russian Federation No. 29387, on May 19, 2014 No. 32323, on June 11, 2015 No. 37649, on January 27, 2016 No. 40831, on July 31, 2017 No. 47578, and Provisions of the Bank of Russia of July 6, 2017 No. 595-P "About payment system of the Bank of Russia", No. registered by the Ministry of Justice of the Russian Federation on October 6, 2017 48458, on December 5, 2018 No. 52892 are performed according to requirements of the Provision of the Bank of Russia of June 19, 2012 No. 383-P "About rules of implementation of money transfer", No. registered by the Ministry of Justice of the Russian Federation on June 22, 2012 24667, on August 14, 2013.".

1.4. To state paragraph two of Item 2.1 in the following edition:

"No. 30109, 30111, 30122, 30123, 30219, 30220, 30222, 30223, 30230, 30231, 30232, 30236, 30411, 30412, 30414, 30415, 30420, 30421, 30422, 30423, 30601, 30603, 30604, 30606, 313, 314, 315, 316, 31702, 31703, 31802, 31803, 40101, 40105, 40106, 40108, 40110, 40116, 402, 40301, 40302, 40306, 40307, 40312, 404, 405, 406, 407, 408, 40901, 40902, 40903, 40905, 40907, 40909, 40910, 40911, 40912, 40913, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 47401, 47403, 47405, 47407, 47411, 47412, 47416, 47418, 47422, 47426, 476, 520, 521, 522, 523, 524, 52501, 60322.".

1.5. To add Item 2.4 after figures "40824" with figures ", 40826".

1.6. In Item 2.5:

state subitem 2.5.5 in the following edition:

"2.5.5. From remaining balance of balance sheet accounts No. 31309 (by designation code 313091, specified in appendix 2 to this Provision), 31409, 31509 (by designation code 315091, specified in appendix 2 to this Provision), 31609, 41007, 41107, 41207, 41307, 41407, 41507, 41607, 41707, 41807, 41907, 42007, 42107, 42114, 42207, 42507, 42707, 42807, 42907, 43007, 43107, 43207, 43307, 43407, 43507, 43607, 43707, 43807, 43907, 44007, 52006 remaining balance of separate personal accounts of the specified balance sheet accounts on accounting of the subordinated credits (the deposits, loans, bonded loans) meeting the conditions established by subitem 2.3.3 or 2.3.4 of Item 2, subitem 3.1.8.1 or 3.1.8.2 of Item 3 of the Provision of the Bank of Russia of July 4, 2018 No. 646-P "About technique of determination of own means (capital) of credit institutions ("Basel III")" are excluded, No. registered by the Ministry of Justice of the Russian Federation on September 10, 2018 52122, by designation codes 314440, 411520, specified in appendix 3 to this Provision.";

recognize subitems 2.5.6 and 2.5.6.1 invalid;

state subitem 2.5.9 in the following edition:

"2.5.9. From remaining balance of the balance sheet account No. 47422 credit institution - the lessor (lessor) has the right to exclude remaining balance of separate personal accounts on accounting of the amounts of the rent (leasing payments) relating to current received by it and future accounting periods, by designation code 474221, specified in appendix 2 to this Provision.";

add with subitem 2.5.10 of the following content:

"2.5.10. Balance sheet accounts No. 30109, of 31301, of 31302, of 31303, of 31304, of 31305, of 31306, of 31307, of 31308, of 31309, of 31310, of 31501, of 31502, of 31503, of 31504, of 31505, of 31506, of 31507, of 31508, of 31509, of 31702, 31802 join:

in structure of other obligations (except for long-term) in the amount of remaining balance of separate personal accounts on accounting of obligations to the state corporation of development "ВЭБ.РФ") (further - ВЭБ.РФ) by designation codes 301091, 313011, 313021, 313031, 313041, 313051, 313061, 313071, 313081 (with attraction term from one to three years (except obligations with attraction term three years), 313101, 315011, 315021, 315031, 315041, 315051, 315061, 315071, 315081 (with attraction term from one to three years (except obligations with attraction term three years), 317021, 318021, specified in appendix 2 to this Provision;

in structure of long-term other obligations in the amount of remaining balance of separate personal accounts on accounting of obligations to ВЭБ.РФ by designation 313082 codes (with attraction term three years), 313091, 315082 (with attraction term three years), 315091, specified in appendix 2 to this Provision.".

1.7. In paragraph three of Item 2.6 of the word "before the international financial institution performing the activities on the basis of the international treaty (agreement) on its creation with participation of the Russian Federation before the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation (further-Vnesheconombank)" to exclude.

1.8. In Item 3.1 of the word "on accounts on accounting of required reserves, the account on accounting of required reserves in case of failure to carry out of obligation on averaging" shall be replaced with words "on the account on accounting of required reserves".

1.9. In Item 4.2:

in paragraph one of subitem 4.2.2 of the word "and data on remaining balance of the account on accounting of required reserves in case of failure to carry out of obligation on averaging" to exclude;

in subitem 4.2.3:

word in paragraph one", the amount which is subject to transfer into account on accounting of required reserves in case of failure to carry out of obligation on averaging or return from the account on accounting of required reserves in case of failure to carry out of obligation on averaging; offsetting between receivable capital transfers on accounting of required reserves according to obligations in currency of the Russian Federation, according to obligations in foreign currency and the account on accounting of required reserves in case of failure to carry out of obligation on averaging" to exclude;

in paragraphs second and third "accounts" to replace the word with the word "account".

1.10. The second offer of paragraph two of Item 4.3 to exclude.

1.11. In Item 4.4:

in the paragraph the second to replace the word "accounts" with the word "accounts";

third to declare the paragraph invalid;

the fourth to state the paragraph in the following edition:

"the authorized institution of the Bank of Russia shall return the refee established by the provided Calculation, the payment order which is drawn up based on the Order on the correspondent account of credit institution opened in the Bank of Russia in currency of the Russian Federation.".

1.12. In Item 4.5:

in paragraphs one and the second to exclude the words "and (or) amounts of failure to carry out of averaging of required reserves";

in paragraph four to replace the word "accounts" with the word "accounts".

1.13. In the paragraph the second Item 5.4 to replace the word "accounts" with the word "accounts".

1.14. In Item 6.2:

the paragraph one to state in the following edition:

"6.2. The authorized institution of the Bank of Russia performs write-off of nedovznos from correspondent accounts of the credit institution which did not transfer during regulation money in repayment of nedovznos into the account on accounting of required reserves in case, stipulated in Item 4.4 this provision, the collection order which is drawn up based on the Order before carrying out other transactions - from first working day after the end of the period of regulation before its full recovery.";

in the paragraph the second to exclude the words "and (or) amounts of failure to carry out of averaging of required reserves".

1.15. The paragraph one of subitem 6.3.1 of Item 6.3 after the words "goes credit institution" to add with the words "in electronic form with use of personal account according to the procedure, No. 4600-U established by the Instruction of the Bank of Russia of November 3, 2017 " about order of interaction of the Bank of Russia with credit institutions, not credit financial credit institutions and other participants of information exchange when using of information resources of the Bank of Russia, including personal account by them ", the registered Ministry of Justice of the Russian Federation on January 11, 2018 No. 49605, or on paper".

1.16. State Item 7.2 in the following edition:

"7.2. The required reserves deposited by the reorganized credit institution on the account on accounting of required reserves do not return to its correspondent account opened in the Bank of Russia in currency of the Russian Federation.".

1.17. The first offer of Item 7.3 to state in the following edition: "Authorized institutions of the Bank of Russia carry out renewal of the required reserves deposited on the account on accounting of required reserves of the reorganized credit institution into the account (accounts) on accounting of required reserves of newly created credit institution (the created credit institutions), the attached credit institution.".

1.18. State Items 7.4 and 7.5 in the following edition:

"7.4. Renewal is performed by transfer of remaining balance of separate personal account on accounting of required reserves and reflections of the specified remaining balance, and also nedovznos and unpaid penalties on the corresponding separate personal accounts of newly created credit institution (the created credit institutions), the attached credit institution.

7.5. Renewal of required reserves is performed by authorized institutions of the Bank of Russia during the period from the date of following behind day of obtaining from structural division of central office of the Bank of Russia by territorial office of the Bank of Russia in the location of newly created credit institution, the attached credit institution of the written notice of the fact of reorganization of credit institution before the next period of regulation.".

1.19. In subitem 7.6.1 of Item 7.6:

in the paragraph the second words "date of transfer of remaining balance of separate personal accounts on accounting of required reserves, and also on accounting of required reserves in case of failure to carry out of obligation on averaging" shall be replaced with words "date of transfer of remaining balance of separate personal account on accounting of required reserves";

third to state the paragraph in the following edition:

"details of division of the Bank of Russia and account number on which it is necessary to list remaining balance of separate personal account on accounting of required reserves of the reorganized credit institution.".

1.20. In Item 7.7:

the fourth to state the paragraph in the following edition:

"the amount deposited by the reorganized credit institution of required reserves on the account on accounting of required reserves, verified with data of the balance sheet of the Bank of Russia;";

in paragraphs five and the ninth", including according to obligations in currency of the Russian Federation, in foreign currency" to exclude words;

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

"the amount of required reserves on the account on accounting of required reserves which is subject to renewal on each of newly created credit institutions;";

paragraphs the tenth and eleventh to recognize invalid;

in the paragraph the thirteenth the words "including amounts of failure to carry out of averaging of required reserves" to exclude.

1.21. In Item 7.8:

in paragraph one of the word "remaining balance of separate personal accounts on accounting of required reserves, and also on accounting of required reserves in case of failure to carry out of obligation on averaging" shall be replaced with words "remaining balance of separate personal account on accounting of required reserves";

state paragraph two in the following edition:

"Along with transfer of remaining balance of separate personal account on accounting of required reserves of the reorganized credit institution the authorized institution of the Bank of Russia in the location of the reorganized credit institution sends to authorized institution of the Bank of Russia in the location of each newly created credit institution, the attached credit institution of the copy of Calculation and Message on regulation for the last accounting period, information on availability of nedovznos, unpaid penalties this about daily balances in cash on correspondent accounts in current period of averaging (in case of use by the specified credit institution of the right to averaging of required reserves in current period of averaging) and if necessary other data and documents (the copy of documents).".

1.22. In the paragraph the second Item 7.9 and the paragraph the second Item 7.10 of the word", and also on the account on accounting of required reserves in case of failure to carry out of obligation on averaging" to exclude.

1.23. In Item 8.3:

word in paragraph five", including according to obligations in currency of the Russian Federation, in foreign currency" to exclude;

in paragraph six "accounts" to replace the word with the word "account".

1.24. In Item 8.5:

the paragraph one to state in the following edition:

"8.5. In case of introduction by the Bank of Russia of the moratorium on satisfaction of requirements of creditors of credit institution according to article 189.38 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. 6979, 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. 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. 4761, Art. 4767, Art. 4815, Art. 4830; No. 48, Art. 7052; 2018, No. 1, Art. 54; No. 11, Art. 1588; No. 18, Art. 2557, Art. 2563, Art. 2576; No. 28, Art. 4139; No. 32, Art. 5115; No. 47, Art. 7140; 2018, No. 49, Art. 7524; "The official Internet portal of legal information" (www.pravo.gov.ru), on December 18, 2018) (further - the moratorium) regulation of the size of required reserves is performed according to the procedure, established by Chapter 4 this provision, at the same time since day of introduction of the moratorium the penalty in cases of nedovznos and (or) failure to carry out of obligation on averaging of the required reserves (including in case of failure to carry out of obligation on averaging in the averaging period which is partially including the period of operation of the moratorium) allowed during moratorium effective period is not applied, repayment (write-off) of nedovznos and (or) payment of earlier applied penalty are not performed.";

the first offer of the paragraph of the sixth to state in the following edition: "In the first working day after the expiration of the specified term in case of default by credit institution of nedovznos the authorized institution of the Bank of Russia writes off it according to the procedure, stipulated in Item 6.2 this provision.".

1.25. In Item 8.6:

state paragraph two in the following edition:

"Nedovznos charged off correspondent accounts of credit institution in day of response (cancellation) at credit institution of the license of the Bank of Russia for banking operations until receipt in territorial office of the Bank of Russia of the relevant order of the Bank of Russia returns from the account on accounting of required reserves according to the paragraph the fourth this Item.";

in paragraph three of the word "недовзнос, the amount of failure to carry out of averaging of required reserves (in case of their availability) from the corresponding accounts" shall be replaced with words "недовзнос (in case of its availability) from the corresponding account";

in paragraph four of the word "with accounts on accounting of required reserves, the account on accounting of required reserves in case of failure to carry out of obligation on averaging" shall be replaced with words "from the account on accounting of required reserves".

1.26. In appendix 1:

to state the column 2 of line 5 in the following edition: "The actual remaining balance of means on the account on accounting of required reserves <3>";

lines 5.1 - 5.3 to recognize invalid;

3 to state footnote in the following edition:

"<3> the actual balance of required reserves on the account on accounting of required reserves Is specified the date established for Calculation representation.".

1.27. In appendix 2:

after line of the balance sheet account No. 40824 to add with line of the following content:

"

40826

                                                                                        ";

lines of codes of designation 425440, of 420438, of 520053, 520061 to recognize invalid;

recognize line 1.2.3 invalid;

lines 1.2.4 - 1.2.6 to state in the following edition:

"

1.2.3	Total (line 1.2.1 - line 1.2.2)
1.2.4	Long-term obligations before legal entities - nonresidents in currency of the Russian Federation (according to the columns "in rubles" of line 1.2.3) <2>
1.2.5	Long-term obligations before legal entities - nonresidents in foreign currency (according to the columns "in foreign currency in ruble equivalent" of line 1.2.3) <2>

 

                                                                                        ";

after line 3.1 to add with line of the following content:

"

301091

                                                                                        ";

after line of the balance sheet account No. 30606 to add with lines of the following content:

"

	313011
	313021
	313031
	313041
	313051
	313061
	313071
	313081
	313101
	315011
	315021
	315031
	315041
	315051
	315061
	315071
	315081
	317021
	318021

                                                                                        ";

to state line of code of designation 437001 in the following edition:

"

437001 <3>

                                                                                        ";

after line 3.2 to add with lines of the following content:

"

	313082
	313091
	315082
	315091

                                                                                        ";

to state line of code of designation 437002 in the following edition:

"

437002 <3>

                                                                                        ";

3 to state footnote in the following edition:

"<3> the Remaining balance by designation codes 437001, 437002 joins in this appendix by the central partner.";

4 - 6 to exclude footnotes.

1.28. To add appendix 3 after line 1.2 with lines of the following content:

"

	31309
	31509

                                                                                        ";

1.29. In appendix 4:

in footnote shall be replaced with words 2 words "minus remaining balance by designation 520053 code" "in the amount of remaining balance by designation 520052 code";

in footnote 3 words", and also remaining balance by designation code 520061, specified in appendix 2 to this Provision" to exclude.

1.30. In the column 2 of line 2 of appendix 6 of the word "before the international financial institution performing the activities on the basis of the international treaty (agreement) on its creation with participation of the Russian Federation before Vnesheconombank" to exclude.

1.31. To add footnote of 1 appendix 6.1 with the words "by remaining balance of separate personal accounts of each balance sheet account specified in this appendix".

1.32. In appendix 7:

lines 2 - 5 to state in the following edition:

"

2	Actually supported average size of required reserves (the average arithmetic size of remaining balance according to line 1)
3	The average size of required reserves according to line 3 Messages on regulation of the size of required reserves from __________ No. _____, the size of the required reserves which are subject to deposition in the Bank of Russia constituted and transferred to credit institution by Calculation for ________ years <5>
4	The amount of failure to carry out of averaging of required reserves (the amount of excess of average size of required reserves over actually supported average size of required reserves): (line 3 - line 2), if (line 3 - line 2)> 0 or 0, if (line 3 - line 2) 0
5	Accomplishment of obligation on averaging of required reserves <6> according to the Certificate of accomplishment of obligation on averaging from __________ No. _____, the constituted and transferred credit institution in case of regulation of the size of required reserves by Calculation of the size of the required reserves which are subject to deposition in the Bank of Russia for _______ years <5>

                                                                                        ";

recognize lines 6 and 7 invalid.

1.33. In appendix 8:

lines 4.3, 5.1 - 5. 3, 6.1 - 6.3, 7.1 - 7.3, 8.1, 8.2, 9, 9.1, 9.2, 10 to recognize invalid;

state line 5 in the following edition:

"

5

The actual remaining balance of means on the account on accounting of required reserves <4>

                                                                                        ";

state line 6 in the following edition:

"

6

Is subject to transfer into account on accounting of required reserves (недовзнос) (line 4 - line 5) <5>

                                                                                        ";

state line 7 in the following edition:

"

7

Is subject to return on correspondent account (refee) (line 5 - line 4) <5>

                                                                                        ";

state line 8 in the following edition:

"

8

Right to averaging <6>

                                                                                        ";

words after line 10 "Cause of failure: ________ <8>." shall be replaced with words "Cause of failure: _______ <7>.";

4 to state footnote in the following edition:

"<4> Is put down the actual balance of required reserves on the account on accounting of required reserves for date of creation of this Message.";

6 and 7 to state footnotes in the following edition:

"<6> Becomes mark: "Provide" or "Refuse" or "Is not used".

<7> In case of refusal in provision of credit institution of the right to averaging in current period of averaging entry is made: "The credit institution does not correspond to criteria, stipulated in Item 5.2 Provisions of the Bank of Russia of December 1, 2015 No. 507-P "About required reserves of credit institutions" ".";

8 to exclude footnote.

2. This Instruction is subject to official publication and becomes effective since April 1, 2019.

This Instruction is applied since calculation of the size of required reserves of credit institution constituted for April, 2019.

 

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