It is registered
Ministry of Justice
Russian Federation
On October 15, 2019 No. 56235
of July 16, 2019 No. 688-P
About procedure and features of transfer of the insurance portfolio, procedure and compensation conditions of missing part of assets by professional association of insurers, procedure for approval of transfer of the insurance portfolio of the Bank of Russia in the cases specified in Item 1 of article 184.9 of the Federal law "About Insolvency (Bankruptcy)", requirements to contents of the agreement on transfer of the insurance portfolio and the delivery-acceptance certificate of insurance portfolio
This Provision based on Items 1 and 6 of article 26.1 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, Art. 56; Russian Federation Code, 1998, No. 1, Art. 4; 1999, No. 47, Art. 5622; 2002, No. 12, Art. 1093; No. 18, Art. 1721; 2003, No. 50, Art. 4855, Art. 4858; 2004, No. 30, Art. 3085; 2005, No. 10, Art. 760; No. 30, Art. 3101, Art. 3115; 2007, No. 22, Art. 2563; No. 46, Art. 5552; No. 49, Art. 6048; 2009, No. 44, Art. 5172; 2010, No. 17, Art. 1988; No. 31, Art. 4195; No. 49, Art. 6409; 2011, No. 30, Art. 4584; No. 49, Art. 7040; 2012, No. 53, Art. 7592; 2013, No. 26, Art. 3207; No. 30, Art. 4067; No. 52, Art. 6975; 2014, No. 23, Art. 2934; No. 30, Art. 4224; No. 45, Art. 6154; 2015, No. 10, Art. 1409; No. 27, Art. 3946, Art. 4001; No. 29, Art. 4357, Art. 4385; No. 48, Art. 6715; 2016, №1, of Art. 52; No. 22, Art. 3094; No. 26, Art. 3863, Art. 3891; No. 27, Art. 4225, Art. 4294, Art. 4296; 2017, No. 31, Art. 4754, Art. 4830; 2018, No. 1, Art. 10, Art. 66; No. 18, Art. 2557; No. 31, Art. 4840; No. 32, Art. 5113, Art. 5115; No. 49, the Art. 7524) (further - the Law of the Russian Federation "About the organization of insurance case in the Russian Federation"), Items 3 and 4 of article 184.9 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. 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. 29, 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, Art. 8404, Art. 8440; 2019, No. 22, Art. 2661; No. 26, Art. 3317; No. 27, 3538) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes the Art.:
procedure for transfer of the insurance portfolio in the cases specified in Item 1 of article 184.9 of the Federal law "About Insolvency (Bankruptcy)" including procedure for obligation fulfillment according to the insurance contracts revealed after transfer of the insurance portfolio of insurance company and not transferred in its structure, procedure for obligation fulfillment by insurance company or the insurance companies which accepted insurance portfolio;
features of transfer of the insurance portfolio in the cases specified in Item 1 of article 184.9 of the Federal law "About Insolvency (Bankruptcy)" including procedure for obligation fulfillment according to the insurance contracts revealed after transfer of the insurance portfolio of insurance company and not transferred in its structure procedure for obligation fulfillment by insurance company or the insurance companies which accepted insurance portfolio, and procedure for the choice of insurance company or the insurance companies accepting insurance portfolio on types of insurance on which implementation of compensation payments is provided;
procedure and compensation conditions of missing part of assets professional association of insurers from the means intended for financing of compensation payments, in the cases specified in Item 1 of article 184.9 of the Federal law "About Insolvency (Bankruptcy)", in case of insufficiency or lack of assets of insurance company for execution by insurance company or the insurance companies which accepted insurance portfolio, insurance agreement obligations, belonging to types of insurance on which implementation of compensation payments is provided;
procedure for approval of transfer of the insurance portfolio of the Bank of Russia in the cases specified in Item 1 of article 184.9 of the Federal law "About Insolvency (Bankruptcy)";
requirements to contents of the agreement on transfer of the insurance portfolio and delivery-acceptance certificate of insurance portfolio.
1.1. The insurance company (in case of suspension of powers of governing bodies of insurance company - temporary administration of insurance company) or the receiver of insurance company, accepted (accepted) in the cases specified in Item 1 of article 184.9 of the Federal law "About Insolvency Bankruptcy", the decision on transfer of the insurance portfolio of other insurance company or to insurance companies (further - the transferring party), no later than day of publication of the transfer notice of insurance portfolio, the stipulated in Item Federal Law "About Insolvency (Bankruptcy)" of the 5th Article 184.9, shall (shall) on acceptance date of the specified decision to perform the following actions:
1.1.1. constitute the list of insurance contracts according to which obligations are transferred in structure of insurance portfolio of other insurance company (insurance organizations) (further - management insurance company (management insurance companies) separately on each type of insurance (further - the list of insurance contracts) which shall contain the following information on each insurance contract:
information about insurers, beneficiaries, insured persons;
data on the term of delay of payment of insurance premium (insurance premiums);
the data containing in magazines, stipulated in Item 5.2 Provisions of the Bank of Russia of November 16, 2016 No. 557-P "About rules of forming of insurance reserves on life insurance", No. 45055 registered by the Ministry of Justice of the Russian Federation on December 29, 2016 (further - the Provision of the Bank of Russia No. 557-P), and Item 5.2 of the Provision of the Bank of Russia of November 16, 2016 No. 558-P "About rules of forming of insurance reserves on insurance to other, than life insurance", No. 45054 registered by the Ministry of Justice of the Russian Federation on December 29, 2016 (further - the Provision of the Bank of Russia No. 558-P).
In case of transfer of agreement obligations of comprehensive insurance they are included in the list of insurance contracts only on one of types of insurance.
The insurance contracts containing the data which are the state secret shall be drawn up by the separate list containing information on each insurance contract specified in paragraphs the second - the fourth this Item;
1.1.2. determine the size of the created insurance reserves by insurance contracts according to which obligations are transferred in structure of insurance portfolio based on approved by the insurance company of regulations on forming of insurance reserves, the requirement transferring insurance portfolio to which regarding life insurance and insurance of other, than life insurance, are established by Chapter 4 of the Provision of the Bank of Russia No. 557-P and Chapter 4 of the Provision of the Bank of Russia No. 558-P respectively (further - regulations on forming of insurance reserves).
If by transfer of the insurance portfolio the size of insurance reserve is not determined by separate insurance contracts according to which obligations are transferred in structure of insurance portfolio based on regulations on forming of insurance reserves, the size of the specified insurance reserve shall be determined as follows:
according to life insurance contracts - by distribution of insurance reserve according to separate insurance contracts according to which obligations are transferred in structure of insurance portfolio, in proportion to the relation of the mathematical reserve calculated according to the transferred insurance contract to the total amount of the mathematical reserves calculated according to insurance contracts according to which obligations are transferred in structure of insurance portfolio;
according to insurance contracts of other, than life insurance, - by distribution of insurance reserve according to separate insurance contracts according to which obligations are transferred in structure of insurance portfolio, in proportion to the relation of earned premium according to the transferred insurance contract to the total size of earned premium according to insurance contracts according to which obligations are transferred in structure of insurance portfolio, on accounting group to which the transferred agreement concerns. At the same time distribution is made separately for each of the periods of approach of the losses participating in calculation of reserve, and the total value occurred, but not claimed losses is determined as the amount of the sizes which occurred, but not claimed losses for each of the periods of approach of losses;
1.1.3. determine types and asset cost, the created insurance reserves accepted for covering by insurance contracts according to which obligations are transferred in structure of insurance portfolio, based on accounting data and the reporting of the insurance company transferring insurance portfolio.
1.2. All documents and information concerning the transferred insurance portfolio, which arrived to the transferring party after transfer of the insurance portfolio shall be directed by the transferring party of management insurance company (management insurance companies) within 10 working days from the date of their obtaining.
1.3. By management insurance company (management insurance companies) the message on completion of transfer of the insurance portfolio shall be published in the official publication in which according to Item 5 of article 184.9 of the Federal law "About Insolvency (Bankruptcy)" the transfer notice of insurance portfolio, and was published in two periodic printing editions according to the subitem 2 of Item 13 of article 26.1 of the Law of the Russian Federation "About the organization of insurance case in the Russian Federation".
1.4. To the submitted declarations of avoidance of insurance contracts and refusals of replacement of the insurer according to the insurance contracts revealed after transfer of the insurance portfolio of the transferring party and not transferred in its structure (which are not included in the list of insurance contracts), the insurance company transferring insurance portfolio according to conditions of insurance contracts on which they were imprisoned shall perform settlement of the relations with the insurers insured by persons, beneficiaries on the declared insured events.
1.5. The management insurance company (management insurance companies) shall (shall) fulfill obligations according to the insurance contracts included in structure of insurance portfolio according to conditions of insurance contracts on which they were imprisoned.
2.1. In case of transfer of the insurance portfolio according to the insurance contracts relating professional association of insurers to types of insurance on which implementation of compensation payments is provided shall place according to rules (standards) of professional activity on the website on the Internet information on the beginning of the procedure of the choice from among the members of management insurance company (management insurance companies).
2.2. When obtaining from insurance companies - members of professional association of insurers of offers on the conclusion of the agreement on transfer of the insurance portfolio the professional association of insurers shall estimate the provided offers and check the insurance companies which provided them for compliance to the requirements established by rules (standards) of professional activity.
2.3. The professional association of insurers shall send to the terms established by rules (standards) of professional activity to each insurance company which directed the offer on the conclusion of the agreement on transfer of the insurance portfolio, the notification on compliance or discrepancy to the requirements established by rules (standards) of professional activity.
The professional association of insurers shall send to each insurance organization conforming to the requirements established by rules (standards) of professional activity, the offer on the conclusion of the agreement on compensation of missing part of assets including compensation conditions professional association of insurers of missing part of assets.
2.4. The management insurance company (management insurance companies) shall (shall) fulfill obligations according to the insurance contracts included in structure of insurance portfolio relating to types of insurance on which implementation of compensation payments, in accordance with the terms of insurance contracts on which they were imprisoned is provided.
2.5. The insurance company transferring insurance portfolio shall fulfill insurance agreement obligations, belonging to the types of insurance on which implementation of compensation payments is provided revealed after transfer of the insurance portfolio of insurance company and not transferred in its structure (which are not included in the list of insurance contracts), according to Item 1.4 of this provision.
3.1. In case of adoption by professional association of insurers of the decision on compensation of missing part of assets and the conclusion with management insurance company (management insurance companies) of the agreement (agreements) on compensation of missing part of assets the professional association of insurers shall perform compensation of missing part of assets in the amount of and the terms defined by the specified agreement (the specified agreements).
3.2. Missing part of assets according to the paragraph of item 4 of article 184.9 of the Federal law "About Insolvency (Bankruptcy)" shall be compensated to third by professional association of insurers of management insurance company (management insurance companies) exclusively money.
3.3. The management insurance company (management insurance companies) for obtaining from professional association of insurers of money shall (shall) open the account in the credit institution conforming to the following requirements:
availability at credit institution of the universal license for banking operations;
the size of assets of credit institution reflected in the report on the form 0409806 "Balance sheet (the published form)" established by appendix 1 to the Instruction of the Bank of Russia of October 8, 2018 No. 4927-U "About the list, forms and procedure for creation and representation of forms of the reporting of credit institutions in the Central bank of the Russian Federation", to No. registered by the Ministry of Justice of the Russian Federation on December 13, 2018 52992, and opened by credit institution according to subitem 1.1.2 of Item 1.1 of the Instruction of the Bank of Russia of November 27, 2018 No. 4983-U "About forms, procedure and terms of disclosure by credit institutions of information on the activities", No. registered by the Ministry of Justice of the Russian Federation on February 21, 2019 53861, constitutes at least 50 billion rubles on the last reporting date, prior to date of opening by management insurance company (management insurance companies) of the account in credit institution.
4.1. For the purpose of approval of transfer of the insurance portfolio in the cases specified in Item 1 of article 184.9 of the Federal law "About Insolvency Bankruptcy", each management insurance company which signed the agreement on transfer of the insurance portfolio shall provide to the Bank of Russia jointly signed by authorized persons of management insurance company and the statement for the transfer of the insurance portfolio transferring the parties electronically in the form of electronic image (the statement for transfer of the insurance portfolio on paper transformed to electronic form by scanning with preserving details).
4.2. The following documents electronically in the form of electronic images (the paper documents transformed to electronic form by scanning with preserving details) shall be attached to the statement specified in Item 4.1 of this provision:
the signed agreement on transfer of the insurance portfolio conforming to requirements of Item 5.2 of this provision;
the decision on consent to the making of large deal made by authorized body of control of the insurance organization transferring insurance portfolio, authorized body of management insurance company if the transaction on transfer of the insurance portfolio is for the large deal transferring insurance portfolio to insurance company, management insurance company;
the actuarial conclusion containing results of assessment of sufficiency of the assets and liabilities included in structure of insurance portfolio which is given to management insurance company (management insurance companies), to decision date about transfer of the insurance portfolio by the transferring party;
the documents confirming publication of the transfer notice of insurance portfolio according to requirements of Item 5 of article 184.9 of the Federal law "About Insolvency (Bankruptcy)";
calculation of normative ratio of own means (capital) and undertaken obligations of the insurance company transferring the insurance portfolio constituted on the last reporting date preceding day of the direction of the statement for transfer of the insurance portfolio;
calculation of normative ratio of own means (capital) and undertaken obligations of management insurance company, data on assets of management insurance company taking into account obligations and assets assumed as a part of insurance portfolio;
the signed agreement on compensation of missing part of assets in case of transfer of the insurance portfolio on types of insurance on which implementation of compensation payments, on compensation conditions professional association of insurers of missing part of assets is provided;
the license of management insurance company for work with use of data of the corresponding degree of privacy in case of transfer as a part of insurance portfolio of the insurance contracts containing the data which are the state secret.
4.3. The documents specified in Items 4.1 and 4.2 of this provision shall be submitted by management insurance company to the Bank of Russia according to the order of interaction of the Bank of Russia with not credit financial credit institutions determined based on parts one and the eighth article 76.9 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; 2016, No. 27, the Art. 4225) (further - order of interaction).
4.4. The Bank of Russia shall make the decision on approval of transfer of the insurance portfolio or on refusal in approval of transfer of the insurance portfolio within 15 working days from the date of submission of the documents provided by Items 4.1 and 4.2 of this provision.
4.5. The Bank of Russia shall refuse approval of transfer of the insurance portfolio in case of identification of one or several of the following circumstances:
representations of incomplete set of the documents specified in Item 4.2 of this provision;
identifications in the documents of unreliable information provided according to Item 4.2 of this provision;
discrepancies of the documents provided according to Item 4.2 of this provision to requirements of the legislation of the Russian Federation;
suspensions, restrictions of action or response at management insurance company of the license for implementation of insurance activity on types of insurance on which the insurance portfolio is transferred;
discrepancies of management insurance company the stipulated in Clause 25 Laws of the Russian Federation "About the organization of insurance case in the Russian Federation" to requirements of financial stability and solvency taking into account again undertaken obligations;
decrease in size of own means (capital) in management insurance company following the results of the last accounting period up to the size smaller, than the size of the paid authorized capital of management insurance company.
4.6. The condition of the paragraph of the sixth Item 4.5 of this provision does not extend to cases of emergence of discrepancy of management insurance company the stipulated in Clause 25 Laws of the Russian Federation "About the organization of insurance case in the Russian Federation" to requirements of financial stability and solvency as a result of adoption of the insurance portfolio and availability of the signed agreement on compensation of missing part of assets provided by the paragraph the eighth Item 4.2 of this provision.
4.7. The decision on approval of transfer of the insurance portfolio or on refusal in approval of transfer of the insurance portfolio is signed by the vice-chairman of the Bank of Russia supervising questions of control and supervision of activities of subjects of insurance case (person, it replacing).
4.8. The Bank of Russia shall direct the decision on approval of transfer of the insurance portfolio or on refusal in approval of transfer of the insurance portfolio within 5 working days from the date of its signing:
the management insurance company transferring insurance portfolio of insurance company and also professional association of insurers in case of transfer of the insurance portfolio on types of insurance on which implementation of compensation payments is provided, - in electronic form through personal account of the participant of information exchange, the reference to which is posted on the official site of the Bank of Russia on the Internet, according to order of interaction;
to the receiver - on paper by the method allowing to confirm receipt of the decision on approval of transfer of the insurance portfolio or about refusal in approval of transfer of the insurance portfolio by the addressee.
4.9. The Bank of Russia in case of decision making about approval of transfer of the insurance portfolio shall post the relevant information on the official site of the Bank of Russia on the Internet within 5 working days from the date of decision making about approval of transfer of the insurance portfolio.
5.1. The agreement on transfer of the insurance portfolio is signed with the insurer (except for societies of mutual insurance) accepting insurance portfolio (in case of transfer of the insurance portfolio to several insurers - with each insurer).
5.2. The agreement on transfer of the insurance portfolio shall include the following data and conditions:
the list of insurance contracts according to which obligations are transferred;
structure, procedure and term of transfer of insurance contracts on which obligations, and also documents reflecting execution of the specified insurance contracts are transferred (the documents confirming payment of insurance premium (insurance premiums), documents on settlement of insured events, documents, confirming implementation of insurance payments (the redemption amounts);
the size of the insurance reserves corresponding to the transferred insurance bonds;
structure and asset cost, assumed insurance agreement obligations transferred for providing, the term of their transfer;
term of implementation of transfer of the insurance portfolio;
by transfer of the insurance portfolio on types of insurance on which implementation of compensation payments is provided with missing part of assets one of following provisions is provided in the agreement on transfer of the insurance portfolio: consent to accept insurance portfolio without compensation of missing part of assets by professional association of insurers or consent to accept insurance portfolio in case of compensation condition of missing part of assets professional association of insurers;
to send obligation of the transferring party to the insurer accepting the insurance portfolio, all documents and information concerning the transferred insurance portfolio, which arrived to the transferring party after transfer of the insurance portfolio;
condition of signing of the delivery-acceptance certificate of insurance portfolio between the transferring party and the insurer accepting insurance portfolio with which the agreement on transfer of the insurance portfolio is signed.
5.3. The delivery-acceptance certificate of insurance portfolio shall include the following data and conditions:
the list of insurance contracts according to which obligations, the size of the transferred insurance reserves determined according to the list of insurance contracts, and the list of assumed agreement obligations of insurance of assets transferred for providing are transferred (with indication of their cost for date of transfer);
the size of missing part of assets which is subject to compensation of insurers by professional association with appendix of its calculation in case of transfer of the insurance portfolio in case of compensation condition of missing part of assets professional association of insurers;
provision condition in the Bank of Russia of the copy of the delivery-acceptance certificate the insurer accepting insurance portfolio within 5 working days after signing of the specified act;
provision condition in professional association of insurers of the copy of the delivery-acceptance certificate the insurer accepting insurance portfolio within 5 working days after signing of the specified act by transfer of the insurance portfolio on types of insurance on which implementation of compensation payments is provided.
6.1. This Provision becomes effective after 10 days after day of its official publication.
6.2. From the date of entry into force of this provision to declare invalid the Provision of the Bank of Russia of July 23, 2015 No. 480-P "About procedure for transfer of the insurance portfolio, approval of transfer of the insurance portfolio of the Bank of Russia, requirements to contents of the agreement on transfer of the insurance portfolio and the delivery-acceptance certificate", registered by the Ministry of Justice of the Russian Federation on August 19, 2015 No. 38584.
Chairman of the Central bank of the Russian Federation
E. S. Nabiullina
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