INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 6, 2019 No. 198-I

About obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities and implementation by the Bank of Russia of supervision of their observance

Based on Articles 56, 62, 62.1, 66, 67, 72, 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; No. 49, Art. 7524; No. 53, Art. 8411, Art. 8440; 2019, No. 18, the Art. 2198) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), 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. 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. 27, Art. 3950; No. 31, Art. 4852; No. 32, Art. 5100, Art. 5115; No. 49, Art. 7524; No. 53, the Art. 8440) 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 May 31, 2019 No. 10) this Instruction establishes obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities and also rules of implementation by the Bank of Russia of supervision of their observance.

Chapter 1. Obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities

1.1. This Instruction establishes the following obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities (further - payment NPOs):

standard rate of sufficiency of own means (capital);

standard rate of liquidity.

1.2. Calculation of obligatory standard rates by payment NPOs shall be perfromed taking into account requirements of Items 1.3 and 1.4 of the Instruction of the Bank of Russia of November 29, 2019 No. 199-I "About obligatory standard rates and allowances to capital adequacy ratios of banks with the universal license", registered by the Ministry of Justice of the Russian Federation on December 27, 2019 No. 57008 (further - the Instruction of the Bank of Russia No. 199-I).

The codes used when calculating obligatory standard rates are given in appendix to this Instruction.

1.3. The standard rate of sufficiency of own means (capital) (H1.3) determined as the relation of own funds (capital) to the amount of obligations to clients for the last reporting date of quarter shall be calculated by payment NPOs by formula:

where:

K0 - the size of own means (capital) determined according to 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")", the registered Ministry of Justice of the Russian Federation on September 10, 2018 No. 52122, on December 19, 2018 No. 53064;

About - obligations (liabilities) to clients (code 8845 of appendix to this Instruction).

Minimum admissible numerical value of the standard rate H1.3 for payment NPOs is established in the amount of 2 percent.

1.4. The standard rate of liquidity (H15.1) determined as the relation of the amount of quick assets completion date in the next 30 calendar days to the amount of obligations to clients on the last reporting date of quarter shall be calculated by payment NPOs by formula:

where:

Lat1.1 - quick assets which shall be received and (or) can be demanded in the next 30 calendar few days, and (or) are realized in the next 30 calendar few days for the purpose of receipt of money in these terms. The indicator of Lat1.1 shall be calculated payment NPOs as the amount of codes 8840, of 8841, of 8842, of 8843, 8844 appendices to this Instruction;

About - obligations (liabilities) to clients (code 8845 of appendix to this Instruction).

Minimum admissible numerical value of the standard rate H15.1 for payment NPOs is established in the amount of 100 percent.

Measure calculation of Lat1.1 by payment NPOs shall join account balances, No. opened in credit institutions which according to the Provision of the Bank of Russia of June 28, 2017 No. 590-P "About procedure for forming by credit institutions of reserves on possible losses according to loans, the loan and equated to it debt", the registered Ministry of Justice of the Russian Federation on July 12, 2017 47384, on October 3, 2018 No. 52308, on December 19, 2018 No. 53053, on January 23, 2019 No. 53505, on September 12, 2019 No. 55910 (further - the Provision of the Bank of Russia No. 590-P), and the 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), belong to I and II quality categories.

Assets of the II quality category shall join in measure calculation of Lat1.1 less the created reserves according to the Provision of the Bank of Russia No. 590-P and the Provision of the Bank of Russia No. 611-P.

Chapter 2. Observance by the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities, obligatory standard rates

2.1. Payment NPOs shall observe the obligatory standard rates established by this Instruction daily.

Violation of numerical value of the obligatory standard rate by payment NPO as of any operational day is non-compliance with the obligatory standard rate.

If the payment NPO makes changes to calculation of the obligatory norm determined by this Instruction taking into account requirements of Item 1.3 of the Instruction of the Bank of Russia No. 199-I, such payment NPO along with the reporting under form 0409135 "Information on obligatory standard rates and on other indicators of activities of the credit institution" established by the Instruction of the Bank of Russia of April 10, 2023 No. 6406-U "About forms, terms, procedure for creation and submission of the reporting of credit institutions (banking groups) to the Central bank of the Russian Federation, and also of the list of information on activities of credit institutions (banking groups)" (it is registered by the Ministry of Justice of the Russian Federation on August 16, 2023, registration No. 74823) (further - the Instruction of the Bank of Russia No. 6406-U), shall represent to the Bank of Russia the explanatory note with statement of the applied calculation of the standard rate.

2.2. The payment NPO upon the demand of the Bank of Russia (authorized structural division of central office of the Bank of Russia exercising supervision of its activities) shall represent data on calculation of obligatory standard rates and their values for any operational day (operational days) in forms of the reporting 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution", 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409123 "Calculation of own means (capital) ("Basel to III")", the established Instruction of the Bank of Russia No. 4927-U.

In case of presentation by the Bank of Russia (authorized structural division of central office of the Bank of Russia) of the requirement about representation of calculation of obligatory standard rates for any operational day (operational days) own means (capital), quick assets and size of reserves shall be calculated payment NPOs for settlement date of obligatory standard rates.

2.3. If the payment NPO violates the obligatory standard rate for any operational day (operational days), information on it with indication of the obligatory standard rate according to which violation of the numerical value established by this Instruction, and date (dates) for which (which) it was broken, it shall be represented to payment NPO as a part of the reporting under form 0409135 "Information on obligatory standard rates and on other indicators of activities of the credit institution" established by the Instruction of the Bank of Russia No. 4927-U i represented as of the first, following after month in which the payment NPO violated the obligatory standard rate is allowed.

2.4. Payment NPOs shall perfrom calculation of the obligatory standard rates established by this Instruction, as a percentage with one sign after comma (rounding to one decimal sign after comma is performed by mathematical rules).

Chapter 3. Implementation by the Bank of Russia of supervision of observance by the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities, obligatory standard rates

3.1. The Bank of Russia (authorized structural division of central office of the Bank of Russia) shall exercise supervision of observance of obligatory standard rates by payment NPOs based on the following data:

data of the reporting under forms 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution", 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409123 "Calculation of own means (capital) ("Basel III")", the established Instruction of the Bank of Russia No. 4927-U;

the data obtained during the checks performed by the Bank of Russia according to article 73 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)";

this to the reporting represented by payment NPOs for any operational day (operational days) in forms of the reporting 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409123 "Calculation of own means (capital) ("Basel III")", 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution", the established Instruction of the Bank of Russia No. 4927-U.

3.2. The Bank of Russia (authorized structural division of central office of the Bank of Russia) can establish payment NPO according to its petition control values of obligatory standard rates in case of their violation (including predicted) taking into account Items 13.1 - 13.3 Instructions of the Bank of Russia No. 199-I.

3.3. The Bank of Russia (authorized structural division of central office of the Bank of Russia) has the right to apply to payment NPO of measure, the stipulated in Article 74 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)", in case of non-compliance with the obligatory standard rate in total for 6 and more operational days during any 30 consecutive operational days.

Chapter 4. Final provisions

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

4.2. From the date of entry into force of this Instruction to recognize invalid:

The instruction of the Bank of Russia of September 15, 2011 No. 137-I "About obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities, and features of implementation by the Bank of Russia of supervision of their observance", registered by the Ministry of Justice of the Russian Federation on September 23, 2011 No. 21871;

Instruction of the Bank of Russia of October 25, 2013 No. 3095-U "About modification of the Instruction of the Bank of Russia of September 15, 2011 No. 137-I "About obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities, and features of implementation by the Bank of Russia of supervision of their observance", registered by the Ministry of Justice of the Russian Federation on November 29, 2013 No. 30497.

Appendix

to the Instruction of the Bank of Russia of June 6, 2019 No. 198-I "About obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities and implementation by the Bank of Russia of supervision of their observance"

The codes used when calculating obligatory standard rates

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