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The document ceased to be valid according to the Instruction of the Central Bank of Russia of 02.04.2010 No. 135-I 

It is registered

in Ministry of Justice

Russian Federation

On February 13, 2004 No. 5551

INSTRUCTION OF THE CENTRAL BANK OF RUSSIA

of January 14, 2004 No. 109-I

About procedure for adoption by the Bank of Russia of the decision on state registration of credit institutions and issue of licenses for banking operations

(as amended on on August 14, 2009)

Based on the 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 Banks and Banking Activity" (Sheet 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, 3469, 3470; 2001, N 26, Art. 2586; N 33 (part I), Art. 3424; 2002, N 12, Art. 1093; 2003, N 27 (part I), Art. 2700; N 50, of Art. 4855; N 52, of the Art. 5033), 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, N 33 (part I), Art. 3423; 2002, N 12, Art. 1093; N 45, of Art. 4436; 2003, N 9, Art. 805), Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs" (Russian Federation Code, 2001, N 33 (part I), Art. 3431; 2003, N 26, Art. 2565; N 52, of the Art. 5037) and according to the solution of the Board of directors of the Bank of Russia (the protocol of December 29, 2003 N 29) is established the following procedure for adoption by the Bank of Russia of the decision on state registration of credit institutions and issue of licenses for banking operations.

Features of state registration of credit institutions with foreign investments, and also procedure for issue by the Bank of Russia of the license for banking operations of credit institution which proceeedings about bankruptcy are stopped in connection with repayment of its obligations according to the decision of founders (participants) or the third party (third parties) are established by other regulations of the Bank of Russia.

Section I. Decision making about state registration of credit institutions. Issue to credit institutions of licenses for banking operations during their creation

Chapter 1. General provisions

1.1. The credit institution is created on the basis of any pattern of ownership as economic society (joint-stock company, limited liability company or additional liability company).

1.2. The credit institution makes banking activities based on the license for banking operations granted by the Central bank of the Russian Federation.

The license for banking operations granted by the Bank of Russia contains specifying on one of the license types determined by Items 8. 2, 8.3 and 14.1 these Instructions, the list of banking activities, the right to which implementation is granted to credit institution, date of issue and license number. The license for banking operations is granted on the form protected from counterfeits.

The license for banking operations is signed by the Chairman of the Bank of Russia or its deputy heading Committee of banking supervision of the Bank of Russia. The signature is sealed the Bank of Russia with the image of the State Emblem of the Russian Federation.

1.3. The Bank of Russia makes the decision on state registration of credit institutions, performs interaction concerning state registration of credit institutions with the Ministry of Taxes and Tax Collection of the Russian Federation, its relevant divisions in the Russian Federation (further - authorized registering body), grants to credit institutions licenses for banking operations, keeps the register of the granted licenses for banking operations, keeps the Book of state registration of credit institutions for the purpose of implementation of control and supervising functions.

Chapter 2. Founders of credit institution

2.1. Legal and (or) physical persons which participation in credit institution is not forbidden by the Federal Laws can be founders of credit institution.

Founders of bank have no right to leave the list of members of bank within the first three years from the date of its state registration.

2.2. The founder of credit institution - the legal entity shall have strong financial position, enough own means for entering into the authorized capital of credit institution, to perform activities within at least three years, to fulfill obligations to the federal budget, the budget of appropriate subject of the Russian Federation and the corresponding local budget for the last three years.

2.2.1. The financial position of the credit founder organization is estimated:

founder bank - according to the Instruction of the Bank of Russia of April 30, 2008 N 2005-U "About assessment of economic situation of banks", the registered Ministry of Justice of the Russian Federation on May 26, 2008 N 11755 ("the Bulletin of the Bank of Russia" of June 4, 2008 N 28) (further - the Instruction of the Bank of Russia N 2005-U). At the same time the founder bank shall treat classification group 1 or classification group 2;

the non-bank credit founder organization - according to the regulation of the Bank of Russia establishing criteria of determination of financial condition of credit institutions. At the same time the non-bank credit institution shall belong to the category of financially stable credit institutions.

The financial position of the credit founder organization cannot be acknowledged satisfactory if the credit institution does not fulfill mandatory reserve requirements of the Bank of Russia and has overdue monetary commitments before the Bank of Russia.

Sufficiency of own means of the credit founder organization is determined proceeding from indicator of own means (capital).

2.2.2. The credit institution - the founder shall conform to the requirements established by subitem 2.2.1 of this Instruction within the last six months preceding date of submission of documents for state registration of credit institution and receipt of the license for banking operations and also before adoption by the Bank of Russia of the decision on state registration of credit institution.

2.3. The procedure and criteria for evaluation of financial position of founders of credit institution - legal entities are determined by the Provision of the Bank of Russia of March 19, 2003 N 218-P "About procedure and criteria for evaluation of financial position of legal entities - founders (participants) of credit institutions" (it is registered by the Ministry of Justice of the Russian Federation on May 5, 2003, N 4498) ("the Bulletin of the Bank of Russia", 2003, N 24). For the purposes of assessment of financial position of legal entities the Bank of Russia (territorial office of the Bank of Russia) has the right to request from founders of credit institution any information on financial position and activities of persons capable directly or indirectly (through the third parties) to determine the decisions made by founders of credit institution. In the time specified in request founders of credit institution send necessary information to the Bank of Russia (territorial office of the Bank of Russia).

The procedure and criteria for evaluation of financial position of founders of credit institution - physical persons, and also procedure for control of payment of shares (shares) of credit institution at the expense of means of budgets of all levels and state non-budgetary funds, free money and other objects of property which are under authority of public authorities and local government bodies are established by other regulations of the Bank of Russia.

Chapter 3. The documents submitted to the Bank of Russia for state registration of credit institution and receipt of the license for banking operations

3.1. For state registration of credit institution and receipt of the license for banking operations the following documents shall be submitted:

3.1.1. The statement for state registration of credit institution constituted on approved by the Order of the Government of the Russian Federation of 19.06.2002 N 439 "About approval of the forms and requirements to document creation used in case of state registration of legal entities, and also physical persons as individual entrepreneurs" (The Russian Federation Code, 2002, N 26, Art. 2586; 2003, N 7, Art. 642; N 43, of the Art. 4238) (further - the Order of the Government of the Russian Federation N 439) to form in which are specified also the location information (address) of permanent executive body of credit institution according to which communication with credit institution, and also the petition for state registration of credit institution and licensing for banking operations addressed to the head of the Bank of Russia is performed;

3.1.2. The foundation agreement (in case of creation of credit institution in the form of limited liability company or additional liability company two and more persons), which according to Item 2 of Article 52 of the Civil code of the Russian Federation (The Russian Federation Code, 1994, N 32, the Art. 3301) and with article 12 of the Federal law "About Limited Liability Companies" shall contain:

obligation of founders to create credit institution;

procedure for joint activities for creation of credit institution;

list of founders of credit institution;

conditions of transfer by founders (participants) of the property of credit institution and their participation in its activities;

conditions and procedure for profit distribution between founders (participants) of credit institution;

procedure for exit of founders (participants) from credit institution;

size of the authorized capital of credit institution;

size of share of each founder of credit institution in its authorized capital;

size and structure of deposits;

procedure and terms of introduction of deposits to the authorized capital of credit institution under its organization;

information about structure of governing bodies of credit institution and their competence, procedure for adoption of decisions by them (with indication of questions on which decisions are made unanimously or qualified by a majority vote);

other data provided by the Federal Laws;

3.1.3. The charter of credit institution approved by general meeting of founders and containing:

complete the corporate and reduced corporate names of credit institution in Russian;

complete the corporate and reduced corporate names of credit institution in languages of the people of the Russian Federation and (or) foreign languages (in case of availability of such names);

location information (address) of governing bodies of credit institution and its separate divisions;

the list of the banking activities and transactions performed by credit institution determined according to article 5 of the Federal law "About Banks and Banking Activity";

data on the size of the authorized capital, on procedure for its forming, and also (for credit institution in the form of joint-stock company) data on the size of reserve fund (as a percentage to the authorized capital) and the amount of annual assignments for its forming;

data on system of governing bodies of credit institution, including its executive bodies, and bodies of internal control of credit institution, on procedure for their education and their powers;

the provisions concerning ensuring accounting and safety of documents, and also their timely transfer on the state storage in accordance with the established procedure by reorganization or liquidation of credit institution;

the provisions determining procedure for reorganization and liquidation of credit institution;

other provisions provided by the Federal Laws and also the provisions which are not contradicting the Federal Laws (including regulations on the size of reserve fund of credit institution in the form of limited liability company or additional liability company).

3.1.4. The business plan of credit institution constituted according to the requirements established by regulations of the Bank of Russia, and approved by general meeting of founders of credit institution (during creation of settlement non-bank credit institution the provision regulating procedure for carrying out calculations shall be appendix to the business plan);

3.1.5. The protocol of general meeting of founders of credit institution containing the following decisions:

about creation of credit institution;

about approval of its name;

about approval of the charter of credit institution;

about approval of candidacies for appointment to positions of sole executive body, his deputies, members of collegiate executive body of credit institution (daleerukovoditel of credit institution), the chief accountant, deputy chief accountants of credit institution;

about approval of the business plan of credit institution;

about election of board members (supervisory board) of credit institution;

about approval of money value of deposits of founders to the authorized capital of credit institution in the form of property in non-cash form;

about appointment of person, representative to sign the documents submitted to the Bank of Russia for state registration of credit institution.

In addition to the protocol of general meeting of founders of credit institution the minutes of the board of directors (supervisory board) of credit institution containing the decision on election of the chairman of the board of directors (supervisory board) of credit institution are submitted;

3.1.6. The documents confirming payment of the state fee for state registration of credit institution (in the amount of 2 000 rubles) and for provision of the license for banking operations (in the amount of 0,1 of percent of the declared authorized capital of credit institution, but no more than 40 000 rubles);

3.1.7. Properly verified copies of the documents confirming state registration of founders of credit institution, or the containing such data of the statement from the corresponding unified state register;

properly verified copies of constituent documents of founders of credit institution - legal entities or the copy of their constituent documents issued by authorized registering body;

audit opinions about reliability of the financial reporting of founders of credit institution - legal entities with appendix of balances and profits and loss statements for the last three years of activities;

confirmations of accomplishment by tax authorities by founders of credit institution - legal entities of obligations to the federal budget, budgets of subjects of the Russian Federation and local budgets for the last three years;

copies of editions in which accounting records for the last three years of activities of founders credit organizatsiiyuridichesky persons (with indication of numbers of editions and dates of publication) who publish the reporting according to article 16 of the Federal law "About Financial Accounting" (The Russian Federation Code, 1996, N 48, of Art. 5369 are published; 2003, N 2, Art. 160);

other documents provided by the regulations of the Bank of Russia establishing procedure and criteria for evaluation of financial position of founders of credit institution;

3.1.8. Questionnaires of the candidates (conforming to the established qualification requirements) to positions of heads of credit institution, the chief accountant, deputy chief accountants of credit institution on appendix form 1 to this Instruction which shall contain data:

about availability at these persons of the higher legal or economic education (with appendix of properly verified copy of the document on higher education provided by the Federal Law "About the Higher and Postgraduate Professional Education" (The Russian Federation Code, 1996, N 35, Art. 4135; 2000, N 29, Art. 3001; N 33, of Art. 3348; 2001, N 1 (part I), Art. 2; N 53 (part I), Art. 5030; 2002, N 26, Art. 2517; N 52 (part I), Art. 5132; 2003, N 2, Art. 163; N 14, of Art. 1254; N 28, of the Art. 2888) and experience of management of the department or other division of credit institution connected with banking operations, at least one year, and in the presence of other, than special (legal or economic), the higher education - experience of management of such division at least two years;

about availability (about absence) criminal records.

If the candidate for position of the head of credit institution, the chief accountant or the deputy chief accountant of credit institution got education abroad of the Russian Federation, the conclusion of federal executive body concerning professional education about compliance of the foreign education document of this person to the Russian diplomas about the higher education also shall be provided.

Together with the documents stated above it is necessary to provide the message in writing containing list of board members (supervisory board) of credit institution and information on lack of the bases interfering election of these persons in structure of the board of directors (supervisory board) of credit institution;

3.1.9. Properly verified copies of the documents confirming the property right (the right of lease, the sublease) of the founder or the other person on the building (room) completed by construction in which the credit institution will be located;

the obligation about provision of this building (room) in lease (the sublease, free use) after state registration of credit institution (if the building (room) is not brought as contribution to the authorized capital of credit institution);

consent to provision of the specified building (room) in the sublease (free use) received according to requirements of Item 2 of Article 615 of the Civil code of the Russian Federation (The Russian Federation Code, 1994, N 32, Art. 3301; 1996, N 5, the Art. 410) (if the building (room) is not brought as contribution to the authorized capital of credit institution);

3.1.10. The documents necessary for preparation of the conclusion about observance by credit institution of the requirements established by the paragraph the second Item 3 and Item 6 of appendix 1 to the Provision of the Bank of Russia of October 9, 2002 N 199-P "About procedure for conducting cash transactions in credit institutions in the territory of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation on November 25, 2002, N 3948) ("the Bulletin of the Bank of Russia", 2002, N 66) (daleepolozheniye of the Bank of Russia N 199-P):

the explanatory note on technical reinforcement of rooms for making of transactions with values (including on the equipment the security and fire and alarming alarm system) and on the organization of protection, providing protection of life of personnel and safety of values;

the plan of arrangement of rooms for placement of credit institution with explication (the sizes of the occupied space and purpose of rooms);

the plan of arrangement of rooms for making of transactions with values with explication (the sizes of the occupied space and purpose of rooms);

the document (agreement of intent) confirming the consent of security company to the conclusion with credit institution after its state registration of the contract for rendering security services;

the license for implementation of non-state (private) security activities of security company with which the agreement on the conclusion of the contract for rendering security services is reached;

the acceptance act of means of the security and fire and alarming alarm system in operation;

certificates of conformity on the equipment (including protective) rooms for making of transactions with values.

If the cash liquidity of credit institution is insured a minimum of minimum admissible remaining balance of cash in operational cash desk, the following documents shall be submitted:

the document (agreement of intent) confirming the consent of insurance company to the conclusion with credit institution after its state registration of the agreement of property insurance;

license of insurance company for implementation of insurance activity in the territory of the Russian Federation;

the document (agreement of intent) confirming approval of insurance company of requirements to technical reinforcement of rooms for making of transactions with values (including to the equipment the security and fire and alarming alarm system), constituted in any form and signed by the authorized person of insurance company and person authorized by general meeting of founders of credit institution;

the plan of arrangement of rooms for placement of credit institution with explication (the sizes of the occupied space and purpose of rooms).

In case of decision making about the specified insurance of cash liquidity and approval of insurance company of requirements to technical reinforcement of rooms for making of transactions with values submission of the documents provided by paragraphs vtorymvosmy this subitem is not required.

The territorial office of the Bank of Russia exercises control of effective periods of the agreements of property insurance concerning insurance of cash liquidity a minimum of minimum admissible remaining balance of cash in operational cash desk of credit institution (branch). Within five working days after the termination of the duration of the agreement of property insurance the credit institution shall provide to territorial office of the Bank of Russia the agreement of property insurance signed for the new term, or the documents provided by paragraphs the second - the eighth this subitem.

3.1.11. Ceased to be valid.

3.1.12. The conclusion of federal antimonopoly authority (in the cases established according to the Federal Laws);

3.1.13. The documents provided by paragraphs the eighth and ninth Item 14.6 of this Instruction (in case of the petition for the licensing provided by subitem 8.2.3 of this Instruction);

3.1.14. The documents necessary for registration of the first share issue of credit institution (in case of the petition for state registration of credit institution in the form of joint-stock company);

3.1.15. The complete list of founders of credit institution on paper on appendix form 3 to this Instruction.

3.2. The documents specified in Item 3.1 of this Instruction shall answer the following conditions:

3.2.1. The application for state registration of credit institution shall be signed by person authorized by general meeting of founders of credit institution;

3.2.2. The foundation agreement shall be signed by all founders of credit institution. At the same time the location of each founder, its address and bank details are specified (for credit institution - the founder - bank identification code and number of correspondent account).

The signature of the representative of the founder credit organizatsiiyuridichesky person shall be certified by seal of this legal entity;

3.2.3. The trade name of credit institution in Russian shall contain specifying on nature of its activities by means of use of words "bank" or "non-bank credit institution", and also on form of business and type (for credit institutions in the form of joint-stock company).

The reduced trade name of credit institution shall conform to the requirements established by the Federal Laws and regulations of the Bank of Russia determining procedure for identification of participants of interbank calculations.

Use in trade name of credit institution of the words "Russia", Russian Federation, "state", "federal" and "central", and also words and phrases, derivative of them, is allowed according to the procedure, established by the Federal Laws.

Writing complete of the corporate and reduced corporate names of credit institution on the title page of the charter of credit institution and in the text of the charter of credit institution shall be identical (including use in the name of capital and lowercase letters, brackets, quotes, other punctuation marks).

The trade name of credit institution in Russian and languages of the people of the Russian Federation may contain foreign-language borrowings in the Russian transcription or in transcriptions of languages of the people of the Russian Federation, except for the terms and abbreviations reflecting form of business of credit institution;

3.2.4. The questionnaire provided by subitem 3.1.8 of this Instruction shall be completed by each candidate for position of the head of credit institution, the chief accountant, the deputy chief accountant of credit institution with own hand.

3.2.5. The documents provided by paragraphs the second or fourth subitem 3.1.10 of this Instruction are constituted and signed by founders of credit institution.

3.3. The documents listed in Item 3.1 of this Instruction are represented to territorial office of the Bank of Russia on the expected location of the created credit institution not later than in one month after:

the conclusions of the foundation agreement and approval of the charter of credit institution (in case of the petition for state registration of credit institution in the form of limited liability company or additional liability company);

the conclusions of the agreement on creation and approvals of the charter of credit institution (in case of the petition for state registration of credit institution in the form of joint-stock company);

3.3.1. Documents are submitted in 2 copies, except for:

statements for state registration - in 1 copy;

the documents specified in subitem 3.1.10 of this Instruction, in 1 copy. At the same time submission of properly verified copies is allowed;

the protocol of general meeting of founders, documents confirming payment of the state fees - everyone in 3 copies;

questionnaires of candidates for positions of heads of credit institution, the chief accountant, deputy chief accountants of credit institution - in 3 copies everyone. At the same time one authentic copy of the questionnaire and two copies of the questionnaire in the form of the copies certified by the candidate with own hand is represented;

the charter and the foundation agreement of credit institution - everyone in 4 copies. Submission of originals of these documents or their notarially certified copies on condition of representation at least one authentic copy is allowed.

Chapter 4. Authorized capital of credit institution

4.1. The minimum size of the authorized capital for the credit institution created by organization is stipulated in Clause 11 Federal Laws "About Banks and Banking Activity", except for the case determined by the paragraph the second this Item according to article 36 of the Federal law "About Banks and Banking Activity".

The minimum size of the authorized capital for again registered bank, the petition for state registration and licensing for which banking operations assumes provision of the license for attraction in deposits of money of physical persons in rubles or the license for attraction in deposits of money of physical persons in rubles and foreign currency, is stipulated in Clause 36 Federal Laws "About Banks and Banking Activity".

The ruble equivalent of the minimum size of the authorized capital is determined according to the procedure, established by the regulation of the Bank of Russia about procedure for determination of ruble equivalent of the minimum size of the authorized capital of again registered credit institution and the minimum size of own means (capital) of credit institution.

4.2. The authorized capital of the credit institution created in the form of joint-stock company is constituted from nominal value of its shares acquired by founders of credit institution.

The authorized capital of the credit institution created in the form of limited liability company or additional liability company is constituted from nominal value of shares of her founders.

4.3. The contribution to the authorized capital of credit institution can be in type:

money in currency of the Russian Federation;

foreign currency cash;

the building (room) completed by construction belonging to the founder of credit institution on the property right (including including the built-in or attached objects) in which the credit institution can be located;

the property belonging to the founder of credit institution on the property right in the form of the ATMs and terminals functioning in the automatic mode and intended for acceptance of cash liquidity from clients and its storage.

4.4. The property in non-cash form brought as contribution to the authorized capital of credit institution shall be estimated and reflected in balance of credit institution in currency of the Russian Federation.

4.5. The contribution to the authorized capital of credit institution cannot be in the form of property if the order right is limited to it according to the Federal Laws or agreements signed earlier.

4.6. The money value of the property in non-cash form brought as contribution to the authorized capital of credit institution under its organization affirms general meeting of founders.

In case of payment of additional shares of credit institution by property in non-cash form the money value of such property is made by the board of directors (supervisory board) of credit institution.

The money value of the property in non-cash form brought as additional contribution to the authorized capital of credit institution in the form of limited liability company or additional liability company affirms general meeting of members of credit institution.

4.7. In case of payment of part of the authorized capital by property in non-cash form for cost determination of such property in the cases provided by the Federal Laws the independent appraiser shall be attracted. If more than 2 percent of voting shares of credit institution are the owner the state or the municipality, involvement of the state financial regulatory authority (article 77 of the Federal law "About Joint-stock Companies") is obligatory.

The size of the money value of property made by founders (participants) or the board of directors (supervisory board) of credit institution cannot be higher than the size of assessment made by the independent appraiser.

4.8. For forming of the authorized capital of credit institution borrowed funds, and in the cases established by the Federal Laws - other property cannot be used.

4.9. The size of deposits in the form of property in non-cash form in the authorized capital of the credit institution created by organization cannot exceed 20 percent of the authorized capital of credit institution.

In case of payment by founders of shares of credit institution at the price the property value in non-cash form, directed to payment of such shares (cost of such deposits to the authorized capital) is higher than their nominal value (payments by founders of deposits to the authorized capital of credit institution at the price are higher than nominal value of shares), shall not exceed 20 percent of the price of share placing (cost of deposits to the authorized capital).

(Example: According to the charter of the credit institution created by organization its authorized capital is equal to 300 million rubles, nominal value of each share - 1 million rubles. The price of placement of each share - 3 million rubles. The maximum property value in non-cash form, directed to payment of shares: (300 x 3) x 0,2 = 180 million rubles. Taking into account the restriction set for the size of deposits in the form of property in non-cash form in the authorized capital (no more than 20 percent of the authorized capital), property value in non-cash form brought in the authorized capital will constitute 300 x 0,2 = 60 million rubles. 120 million rubles go to share premium 180 - 60 =).

4.10. In case of introduction as contribution to the authorized capital of credit institution of property in non-cash form the documents confirming the right of her founders to its entering into the authorized capital of credit institution shall be submitted.

4.11. Provisions of this Chapter, except for the provisions established by items 4. 1, paragraph one of Item 4.6 and Item 4.9 of this Instruction, are applied also to the credit institutions having the license for banking operations.

Chapter 5. The notification procedure about acquisition and (or) obtaining in trust management of shares (shares) of credit institution

5.1. Acquisition and (or) obtaining in trust management (further in this Chapter also - acquisition) as a result of one or several transactions one legal entity or physical person or group of the legal and (or) physical persons connected among themselves by the agreement, or group of the legal entities who are affiliated or dependent on the relation to each other of over 1 percent of shares (shares) of credit institution require the notification of the Bank of Russia.

If belongs to the member (group of participants) of credit institution over 1 percent of shares (shares) of credit institution (to person it is delivered in trust management over 1 percent of shares (shares) of credit institution), the Bank of Russia shall be notified on any subsequent share acquisition (shares) of the same credit institution.

5.2. The notification on acquisition over 1 percent of shares (shares) of credit institution on appendix form 2 to this Instruction goes to the territorial office of the Bank of Russia exercising supervision of its activities within thirty calendar days from the moment of this acquisition.

The notification on acquisition over 1 percent of shares (shares) of credit institution during its creation (increase in the authorized capital) goes according to the procedure, established by Chapter 7 (Chapter 17) this Instruction.

The notification stated above goes the acquirer (one of the acquirers entering group of persons - acquirers), the trustee or the authorized person. Powers of the authorized person shall be drawn up according to requirements, the established Federal Laws.

5.3. Ceased to be valid.

5.4. Ceased to be valid.

5.5. Ceased to be valid.

5.6. Ceased to be valid.

5.7. Ceased to be valid.

5.8. Ceased to be valid.

5.9. Ceased to be valid.

5.10. Ceased to be valid.

5.11. Ceased to be valid.

5.12. Ceased to be valid.

5.13. Ceased to be valid.

5.14. Provisions of this Chapter are applied also in case of share acquisition (shares) of the credit institution having the license for banking operations (including share acquisition (shares) in the secondary market).

5.15. The procedure for acquisition and (or) obtaining in trust management more than 20 percent of shares (shares) of credit institution as a result of one or several transactions of one legal entity or physical person or group of the legal and (or) physical persons connected among themselves by the agreement, or group of the legal entities who are affiliated or dependent on the relation to each other is established by other regulations of the Bank of Russia.

Chapter 6. Procedure for state registration of credit institution

6.1. Until submission to the Bank of Russia of the documents specified in Chapter 3 of this Instruction, the Bank of Russia for the purpose of check of observance by founders of credit institution of the requirements established by the Federal Laws including for the purpose of establishment of availability of identical names of other credit institutions in the Book of state registration of credit institutions establishes possibility of use by credit institution of the corporate names assumed complete corporate and reduced.

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