INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 18, 2019 No. 5213-U

About modification of the Instruction of the Bank of Russia of December 6, 2017 No. 183-I "About obligatory standard rates of banks with the basic license"

1. Based on Articles 62, 64, 64.1, 66, 67, 72 and 74 Federal Laws 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. 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, Art. 5150; No. 49, Art. 7524; No. 53, Art. 8411, Art. 8440; 2019, No. 18, Art. 2198; No. 23, Art. 2921; No. 27, the Art. 3538), parts three of article 24 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. 3422; 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. 3202; 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., 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. 27, Art. 3950; No. 31, Art. 4852; No. 32, Art. 5100, Art. 5115; No. 49, Art. 7524; No. 53, Art. 8440; 2019, No. 22, Art. 2661; No. 23, the Art. 2921) 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 July 12, 2019 No. 16) to bring in the Instruction of the Bank of Russia of December 6, 2017 No. 183-I "About obligatory standard rates of banks with the basic license", registered by the Ministry of Justice of the Russian Federation on March 2, 2018 No. 50206, the following changes.

1.1. Add Item 2.1 with the new paragraph of the following content:

"The credit requirements and requirements for receipt of the added (cumulative) percent on loans, on the loan and equated to it debt entering the portfolios of homogeneous loans provided to subjects of small and medium entrepreneurship join banks with the basic license in calculation of code 8740 of appendix 1 to the Instruction of the Bank of Russia No. 180-I if the number of certain borrowers, credit requirements and (or) contingent obligations of credit nature of which meet requirements of this code, constitutes at least 50 and in case of simultaneous observance of the conditions listed in the column of the first line of the specified code (except for the paragraph of the fifth of the column of the first line of code 8740 of appendix 1 to the Instruction of the Bank of Russia No. 180-I).".

1.2. In Item 2.3:

word in paragraph eight "Provision of the Bank of Russia of March 20, 2006 No. 283-P "About procedure for forming by credit institutions of reserves on possible losses", the registered Ministry of Justice of the Russian Federation on April 25, 2006 No. 7741, on July 2, 2007 No. 9739, on December 6, 2007 No. 10639, on September 10, 2008 No. 12260, on August 5, 2009 No. 14477, on December 17, 2009 No. 15670, on May 24, 2011 No. 20837, on December 21, 2011 No. 22714, on December 18, 2012 No. 26162, on December 11, 2013 No. 30582, on October 20, 2014 No. 34363, on September 25, 2015 No. 39003, on August 26, 2016 No. 43443 (further - the Provision of the Bank of Russia No. 283-P) "shall be replaced with words" provision of the Bank of Russia of October 23, 2017 No. 611-P "About procedure for forming by credit institutions of reserves on possible losses", the registered Ministry of Justice of the Russian Federation on March 15, 2018 No. 50381, on December 19, 2018 No. 53054, on September 12, 2019 No. 55911 (further - the Provision of the Bank of Russia No. 611-P)";

the ninth and tenth to state paragraphs in the following edition:

"The transactions reflected in balance and off-balance sheet accounts after January 1, 2018 join in calculation of the standard rate of H6 less the created reserve on possible losses according to the Provision of the Bank of Russia No. 590-P and the Provision of the Bank of Russia No. 611-P with coefficient of 2,0 and with risk coefficient depending on the borrower (partner) according to subitems 2.3.1 - 2.3.4 Items 2.3 of the Instruction of the Bank of Russia No. 180-I and codes 8735, of 8741, of 8752, of 8772, of 8807, of 8847, given in appendix 1 to the Instruction of the Bank of Russia No. 180-I, and also taking into account paragraphs of third - the seventh this Item. The coefficient of 2,0 does not extend to the transactions made with the following subjects:

physical person;";

add with new paragraphs of the following content:

"subject of the Russian Federation or municipality of the Russian Federation;

the subject of small or medium business recognized as that according to Articles 3, 4 and 4.1 Federal Laws of July 24, 2007 No. 209-FZ "About development of small and medium entrepreneurship in the Russian Federation" (The Russian Federation Code, 2007, No. 31, Art. 4006; No. 43, Art. 5084; 2008, No. 30, Art. 3615, Art. 3616; 2009, No. 31, Art. 3923; No. 52, Art. 6441; 2010, No. 28, Art. 3553; 2011, No. 27, Art. 3880; No. 50, Art. 7343; 2013, No. 27, Art. 3436, Art. 3477; No. 30, Art. 4071; No. 52, Art. 6961; 2015, No. 27, Art. 3947; 2016, No. 1, Art. 28; No. 26, Art. 3891; No. 27, Art. 4198; 2017, No. 31, Art. 4756; No. 49, Art. 7328; 2018, No. 1, Art. 89; No. 28, Art. 4149; No. 32, Art. 5106; No. 49, Art. 7524; No. 53, the Art. 8413, the Art. 8463) (further - the Federal Law "About Development of Small and Medium Entrepreneurship in the Russian Federation");

state or the municipal unitary enterprise which has extreme value of income gained from implementation of business activity for prior calendar year does not exceed value, the stipulated in Item 1 order of the Government of the Russian Federation of April 4, 2016 No. 265 "About extreme values of income gained from implementation of business activity for each category of subjects of small and medium entrepreneurship" (The Russian Federation Code, 2016, No. 15, the Art. 2097) (further - the resolution No. 265);

economic society, the single participant or the shareholder of which is the Russian Federation, the subject of the Russian Federation, municipality which has extreme value of income gained from implementation of business activity for prior calendar year does not exceed value, the stipulated in Item 1 resolution No. 265;

the non-profit unitary organization having the right to perform revenue-producing activities, founded by the Russian Federation, the subject of the Russian Federation or the municipality which has extreme value of income gained from implementation of business activity for prior calendar year does not exceed value, the stipulated in Item 1 resolution No. 265.

Requirements to the subjects of small and medium entrepreneurship determined in the paragraph the twelfth this Item after their exception of the unified register of subjects of small and medium entrepreneurship according to article 4.1 of the Federal law "About Development of Small and Medium Entrepreneurship in the Russian Federation" join in calculation of the standard rate of H6 without application of coefficient of 2,0 till December 31 of the same year in which the subject of small and medium entrepreneurship was excluded from the unified register of subjects of small and medium entrepreneurship.

Credit requirements which on the date of receipt by bank of the basic license belonged to I or II quality categories according to the Provision of the Bank of Russia No. 590-P and the Provision of the Bank of Russia No. 611-P to the subjects which are not persons named in paragraphs ten - the fifteenth this Item, join in calculation of the standard rate of H6 without application of coefficient of 2,0, but no more than 5 years from the date of change of the status of bank with the universal license for bank with the basic license.

When calculating the standard rate of H6 for requirements to the central partner conforming to requirements of code 8846 of appendix 1 to the Instruction of the Bank of Russia No. 180-I, the coefficient of 2,0 is not applied to remaining balance on balance and off-balance sheet accounts (their parts) formed as a result of carrying out transactions with this central partner within implementation by it of clearing activities and functions of the central partner.

The most admissible numerical value of the standard rate H6 is established in the amount of 20 percent.".

1.3. In the paragraph the second Item 2.4 of the word "No. 283-P" shall be replaced with words "No. 611-P", after the words "and the ninth" to add with words "-the nineteenth".

1.4. In paragraph one of Item 6 of appendix of the word of "eighth and ninth" shall be replaced with words "the eighth - the nineteenth", shall be replaced with words words of "fourth and ninth" "the fourth, ninth - the nineteenth".

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

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