PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 25, 2019 No. 676-P

About procedure for appointment, implementation and termination of activities of temporary administration for management of the credit institution appointed in connection with response at credit institution of the license for banking operations

This Provision based on Items 1 and 2 of Article 189. 25, the paragraph of third Item 2 of article 189.43 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; №27, of 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. 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; No. 49, Art. 7524; No. 52, Art. 8102; No. 53, of the Art. 8404, of the Art. 8440) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes procedure for appointment, implementation and termination of activities of temporary administration for management of the credit institution appointed in connection with response at credit institution of the license for banking operations, including the temporary administration appointed in case of acceptance by the Bank of Russia or the "Deposit Insurance Agency" state corporation of the decision on participation in settlement of obligations of bank.

Chapter 1. General provisions

1.1. The Bank of Russia according to Item 2 of article 189.26 of the Federal law "About Insolvency (Bankruptcy)" appoints temporary administration on management of credit institution (further - temporary administration) no later than the day following behind day of response at credit institution of the license for banking operations (further - the license).

1.2. The temporary administration performs the powers in credit institution during the term determined by Item 3 of article 189.27 of the Federal law "About Insolvency (Bankruptcy)".

1.3. If the credit institution had the license of the Bank of Russia for attraction of money of physical persons in deposits, functions of temporary administration on management of credit institution after withdrawal of the license at it according to Item 2 of article 189.32 of the Federal law "About Insolvency (Bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2014, No. 52, Art. 7543; 2021, 17, Art. 2878) are assigned No. to the "Deposit Insurance Agency" state corporation (further - the Agency).

Chapter 2. Procedure for appointment of temporary administration on management of credit institution

2.1. The decision on appointment of temporary administration is made by Committee of banking supervision of the Bank of Russia.

2.2. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 03.12.2021 No. 6003-U

2.3. The decision on appointment of temporary administration is drawn up by the order of the Bank of Russia which is signed by the Chairman of the Bank of Russia (person, it replacing) or the Chairman of Committee of banking supervision of the Bank of Russia (person, it replacing).

2.4. The draft of the order of the Bank of Russia on appointment of temporary administration prepares Department of the admission and termination of activities of the financial organizations of the Bank of Russia.

The order of the Bank of Russia on appointment of temporary administration shall contain:

full trade name and the reduced trade name (in the presence) credit institution in which the temporary administration, the registration number assigned by the Bank of Russia, registration date of credit institution the Bank of Russia, the location of credit institution is appointed;

the name of the Federal Law "About Insolvency (Bankruptcy)" and the reference to Article (Item, the subitem) based on which the decision on appointment of temporary administration is made;

specifying of effective period of temporary administration;

information about structure of temporary administration (the head of temporary administration, the deputy manager of temporary administration (if necessary) and members of temporary administration with indication of their surnames, names, middle names (in case of their availability) and posts);

the list of the tasks and functions assigned to temporary administration;

the order about the notification of corresponding banks (including nonresidents) about appointment of temporary administration;

the order about inclusion of the specified order of the Bank of Russia according to requirements of Item 3 of article 189.26 of the Federal law "About Insolvency (Bankruptcy)" in the Unified Federal Register of Bankruptcy Information no later than the next working day from the date of its acceptance and about publication of the specified order of the Bank of Russia in "the Bulletin of the Bank of Russia" within 10 days from the date of its acceptance.

The order of the Bank of Russia on appointment of temporary administration may contain the other information necessary for accomplishment of the tasks and functions assigned to temporary administration.

In case of assignment of functions of temporary administration on the Agency of the requirement of the paragraph of the sixth this Item are not applied.

2.5. The order of the Bank of Russia on appointment of temporary administration is brought to the attention of territorial offices of the Bank of Russia, joins Department of the admission and termination of activities of the financial organizations of the Bank of Russia in the Unified Federal Register of Bankruptcy Information no later than the next working day from the date of its acceptance, is published in "the Bulletin of the Bank of Russia" in ten-day time from acceptance date, and also posted on the official site of the Bank of Russia on the Internet (further - the official site of the Bank of Russia) in day of its acceptance.

2.6. The order of the Bank of Russia on appointment of temporary administration can be changed regarding change of structure of temporary administration according to Item 2. 3, paragraph one of Item 2.4 of this provision, except as specified, when functions of temporary administration are assigned to the Agency.

2.7. Distribution of obligations between the head, the deputy manager and members of temporary administration is drawn up by the order signed by the head of temporary administration.

Chapter 3. Structure of temporary administration on management of credit institution

3.1. The head of temporary administration, the deputy (deputies) the head of temporary administration and members of temporary administration are part of temporary administration.

The quantitative structure of temporary administration is determined depending on availability at credit institution of branches and internal structural divisions, and also from nature and amounts of the forthcoming work.

In case of assignment of functions of temporary administration on the Agency according to Item 2 of article 189.32 of the Federal law "About Insolvency (Bankruptcy)" Agency performs functions of temporary administration through the representative appointed from among the workers. The representative of temporary administration performs functions and the powers of the head of temporary administration on management of credit institution provided by this Provision. The requirements established by this Provision for the head of temporary administration are applied to the representative of temporary administration. The agency independently establishes the quantity and the list of members of temporary administration necessary for implementation of the functions of temporary administration on management of credit institution provided by the Federal Law "About Insolvency (Bankruptcy)" and this Provision.

3.2. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 03.12.2021 No. 6003-U

3.3. The head of temporary administration shall have the higher education and length of service in the Bank of Russia and (or) the Agency at least 1 year and (or) experience of management of division of credit institution connected with banking operations, at least 2 years.

3.4. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 03.12.2021 No. 6003-U

3.5. Cannot be part of temporary administration:

sole executive body of credit institution (further - the head of credit institution), the deputy managers of credit institution, persons entering into the board of directors (supervisory board) and collegiate executive body of credit institution, and also the chief accountant (accountant) of credit institution, the head of audit committee and members of audit committee (auditor) of credit institution, the head and the serving services of internal audit, service of internal control and service of risk management of credit institution;

sole executive body, his deputies, persons entering into the board of directors (supervisory board) and collegiate executive body, and also the chief accountant (accountant), the head of audit committee and members of audit committee (auditor), the head and the serving services of internal audit, service of internal control and service of risk management of the legal entity which is the basic or subsidiary in relation to credit institution;

the persons specified in paragraphs second and third this Item, exempted from execution of the obligations within 12 months preceding appointment of temporary administration;

the spouse, relatives on the direct ascending and descending line, sisters, brothers and their relatives on the descending line, parents, children, sisters and brothers of the spouse of persons specified in paragraphs second and third this Item;

persons which are creditors of credit institution (including investors);

persons having debt to credit institution;

persons having criminal record for making of crimes in the field of economy and against the government;

persons who made within 12 months preceding appointment of temporary administration, established by the resolution of body which took legal effect, authorized to consider cases on administrative offenses, administrative offense in the field of finance, taxes and fees, insurance, the security market;

persons with whom within 2 years preceding appointment of temporary administration employment contracts (contracts) at the initiative of the employer in the cases provided by Items 3, 5 - 7, 9 - 11 parts of 1 Article 81, and also were terminated by Item 1 of part 1 of article 278 of the Labor Code of the Russian Federation (The Russian Federation Code, 2002, No. 1, Art. 3; 2018, No. 53, Art. 8468).

3.6. The nominated person which is or being within 3 years preceding appointment of temporary administration, the shareholder (participant) of credit institution cannot be the head of temporary administration.

3.7. The structure of temporary administration, except for temporary administration which functions are assigned to the Agency in coordination with the Agency or "Managing Company of Fund of Consolidation of Banking Sector" limited liability company (further - Managing company) can join their workers.

Persons who are not employees of the Agency can enter into structure of temporary administration which functions are assigned to the Agency.

3.8. If the face included in structure of temporary administration is among persons specified in Item 3.5 and 3.6 of this provision, shall notify such person before start date of implementation by temporary administration of the functions about it Department of the admission and termination of activities of the financial organizations of the Bank of Russia, and also Managing company if such person is the representative of Managing company, or the Agency if such person is the representative of the Agency.

If the face included in structure of temporary administration had bases for its reference to number of persons specified in Item 3.5 and 3.6 of this provision during implementation of the functions by temporary administration, such person shall no later than one working day from the moment of origin at it in time the specified bases to notify on it Department of the admission and termination of activities of the financial organizations of the Bank of Russia, and also Managing company if such person is the representative of Managing company, or the Agency if such person is the representative of the Agency.

Chapter 4. Functions and powers of temporary administration on management of credit institution

4.1. Functions of temporary administration are determined by Articles 189. 31, 189.32, 189.33 of the Federal Law "About Insolvency (Bankruptcy)".

4.2. Head of temporary administration:

performs the powers of the head of credit institution provided by constituent documents of credit institution;

acts on behalf of credit institution without power of attorney;

bears responsibility for activities of temporary administration;

signs orders and the orders of temporary administration obligatory for execution by members of temporary administration and employees of credit institution;

issues powers of attorney to employees of credit institution and other persons, including with the retrust right;

provides carrying out inspection of credit institution, including regarding identification of signs of deliberate bankruptcy;

disposes of property of credit institution, and also the property which is at credit institution in connection with implementation of professional activity by it in the security market in trust management, in the limits set by the legislation of the Russian Federation in the field of the security market and this Provision;

provides carrying out the analysis of the financial transactions made by credit institution within the last 3 years preceding appointment of temporary administration for the purpose of detection of the transactions connected with property acquisition of credit institution or transfer of its property to the third parties to ownership and use, which entailed deterioration in financial condition of credit institution;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info