PROVISION OF THE CENTRAL BANK OF RUSSIA

of June 4, 2003 No. 230-P

About reorganization of credit institutions in the form of merge and accession

This Provision is accepted according to the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs" (The Russian Federation Code, 2001, N 33, Art. 3431; 2003, N 26, Art. 2565; N 50, of Art. 4855; N 52, of Art. 5037; 2004, N 45, Art. 4377; 2005, N 27, Art. 2722; 2007, N 7, Art. 834; N 30, of Art. 3754; N 49, of the Art. 6079), Federal Law "About Banks and Banking Activity" (Sheets of the Congress of People's Deputies of RSFSR and Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, Art. 3469; 2001, N 26, Art. 2586; N33 (part I), Art. 3424; 2002, N 12, Art. 1093), Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (Russian Federation Code, 2002, N 28, Art. 2790; 2003, N 2, Art. 157), Federal Law "About Limited Liability Companies" (Russian Federation Code, 1998, N 7, Art. 785; N 28, of Art. 3261; 1999, N 1, Art. 2; 2002, N 12, Art. 1093), Federal Law "About Joint-stock Companies" (Russian Federation Code, 1996, N 1, Art. 1; N 25, of Art. 2956; 1999, N 22, Art. 2672; 2001, N33 (part I), Art. 3423; 2002, N 12, Art. 1093; N 45, of Art. 4436; 2003, N 9, the Art. 805) also determines the list of the data and documents necessary for implementation of state registration of the credit institution created by reorganization in the form of merge, state registration of changes in constituent documents (constituent documents in the new edition) credit institution in connection with reorganization in the form of accession, procedure for their representation and consideration in the Bank of Russia, and also regulates features of licensing of activities of credit institutions by reorganization in the form of merge and accession.

1. General provisions

1.1. Reorganization of credit institutions in the form of merge and accession, including within implementation of measures for the prevention of insolvency (bankruptcy) of credit institutions, is performed according to the Federal Laws, the regulation of the Bank of Russia regulating the procedure of registration of credit institutions and licensing of banking activity, constituent documents of credit institutions, this Provision.

1.2. Based on article 74 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" the Bank of Russia has the right to impose ban on implementation of reorganization of credit institution if its carrying out result the bases for application of measures for the prevention of bankruptcy of credit institution provided by the Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" (The Russian Federation Code, 1999, N 9, from Art. 1097; 2000, N 2, Art. 127; 2001, N 26, Art. 2590; N33 (part I), Art. 3419; 2002, N 12, Art. 1093).

1.3. The credit institution to which there was accession of other credit institutions or the credit institution created as a result of merge of credit institutions hereinafter is referred to as further as "Credit institution".

For state registration of "Credit institution" (by reorganization in the form of merge) or state registration of changes in constituent documents (constituent documents in the new edition) "Credit institution" (by reorganization in the form of accession), for provision of "Credit institution" of the license for banking operations (by reorganization in the form of merge) the state fees according to the procedure and the sizes which are established by the legislation of the Russian Federation are collected.

1.4. On the basis of the attached credit institution the branch (internal structural division) of credit institution to which there is accession can be open. The relevant structural division can be open both before reorganization completion, and along with the termination of activities of the attached credit institution. At the same time, in the first case, opening of branch (internal structural division) can be performed including in the location of the attached credit institution according to requirements of regulations of the Bank of Russia, on condition of its arrangement in the certain, isolated room and ensuring separate accounting, document storage and values of the specified branch (internal structural division) and the attached credit institution.

The credit institution to which there is accession can open addressed to the specified branch in the place of its stay one correspondent sub-account in division of settlement network of the Bank of Russia, except for the branch which is serviced in one division of settlement network of the Bank of Russia with the specified credit institution or with other its branch. In this case settlement transactions are performed through the correspondent account of credit institution or correspondent sub-account of other its branch opened in the Bank of Russia.

When opening branch (internal structural division) on the basis of the credit institution reorganized in the form of merge (on the basis of the attached credit institution) instead of the documents confirming the property right (leases, subleases, free use) "Credit institution" on the building (room) completed by construction for placement of branch (internal structural division), "Credit institution" the commitment letter about submission of the specified documents after state registration of "Credit institution" (by reorganization in the form of merge) can be sent, to state registration of changes to constituent documents (constituent documents in the new edition) "Credit institution" (by reorganization in the form of accession).

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