ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 18, 2023 No. 39

About cases of admissibility of agreements between credit and insurance companies, and also foreign insurance companies and about recognition voided some acts and separate provision of the act of the Government of the Russian Federation

According to part 2 of article 13 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed general exceptions concerning agreements between credit and insurance companies, and also foreign insurance companies.

2. Credit and insurance companies, and also foreign insurance companies - agreement parties have the right to file in antimonopoly authority petition for check of compliance of the draft agreement to the general exceptions approved by this resolution.

3. Recognize invalid:

Item 488 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1,2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts are not applied separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" (The Russian Federation Code, 2021, No. 2, the Art. 471) are not applied;

the order of the Government of the Russian Federation of April 30, 2009 No. 386 "About cases of admissibility of agreements between credit and insurance companies" (The Russian Federation Code, 2009, No. 19, the Art. 2343);

the order of the Government of the Russian Federation of December 3, 2010 No. 968 "About modification of general exceptions concerning agreements between credit and insurance companies" (The Russian Federation Code, 2010, No. 50, the Art. 6705);

the order of the Government of the Russian Federation of April 29, 2014 No. 394 "About modification of the order of the Government of the Russian Federation of April 30, 2009 No. 386" (The Russian Federation Code, 2014, No. 19, the Art. 2428);

the order of the Government of the Russian Federation of April 24, 2017 No. 487 "About modification of the order of the Government of the Russian Federation of April 30, 2009 No. 386" (The Russian Federation Code, 2017, No. 18, the Art. 2796).

4. This resolution becomes effective since September 1, 2023 and is effective till September 1, 2025.

Approved by the Order of the Government of the Russian Federation of January 18, 2023 No. 39

General exceptions concerning agreements between credit and insurance companies, and also foreign insurance companies

1. This document is applied to agreements between credit institutions and insurance companies, and also the foreign insurance companies having the right according to the Law of the Russian Federation "About the organization of insurance case in the Russian Federation" to perform insurance activity in the territory of the Russian Federation (further - insurance companies) concerning which the conditions provided by one of the following subitems are complied (further - agreements):

a) agreements determine order of interaction of the parties in case of risks insurance of borrowers of credit institution, including potential borrowers, being legal entities and physical persons;

risks insurance is the compulsory provision of provision of loan or crediting of borrowers (further - crediting) in accordance with the legislation of the Russian Federation and (or) terms of the contract of the loan or the credit agreement signed between credit institution and the borrower, or risks insurance is not the compulsory provision of crediting, but matters for determination of its conditions, including influences the size of interest rate for the credit agreement (loan agreement);

b) the agreement is the insurance contract under the terms of which insurance company shall pay for the payment caused by the agreement paid by credit institution one-timely or to pay the insurance sum which is periodically caused by the agreement in case of damnification of life and to health of the borrower of this credit institution, achievement of certain age or approach by it in his life of other event (insured event) provided by the agreement, and accession to such insurance contract is the compulsory provision of crediting or influences the size of interest rate for the credit agreement (loan agreement).

2. The agreement is recognized admissible if the credit institution which is the party of such agreement accepts insurance policies (insurance contracts) of any insurance organization meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service and satisfies at the same time following conditions:

a) establishes for insurance companies the exhaustive list of requirements which:

are directed to assessment of financial stability and solvency of insurance company, and also to disclosure of information on owners of insurance company according to requirements of the Central bank of the Russian Federation to procedure for disclosure of such information;

do not contain criteria for evaluation of compliance to requirements of credit institution, different for insurance companies, depending on the level of the credit score assigned to insurance company by the foreign credit rating agencies or credit rating agencies included in the register of credit rating agencies of the Central bank of the Russian Federation;

do not provide obligatory availability at insurance company:

certain size of the authorized capital, except for case when this size corresponds to the minimum size of the authorized capital of insurance company established by the insurance legislation, and for foreign insurance company - certain size of security deposit of branch of foreign insurance company, except for case when this size corresponds to the minimum size of security deposit of branch of foreign insurance company established by the insurance legislation;

certain size of collected insurance premium (in absolute expression) in general or on types of insurance;

certain size of insurance reserves or own means, except for the agreements determining order of interaction of the parties in case of risks insurance of borrowers in case of the conclusion of the agreement of consumer loan (loan) according to the Federal Law "About Consumer Loan (Loan)";

experience of implementation of insurance activity, except for case when the requirement to the minimum term of implementation of insurance activity constitutes no more than 3 years, and for foreign insurance company - no more than 3 years from the date of accreditation of branch of foreign insurance company by the Central bank of the Russian Federation;

branches, representations, other structural divisions, and also insurance agents out of the location of insurance company;

level of the credit score assigned by the credit rating agency included in the register of credit rating agencies of the Central bank of the Russian Federation or foreign credit rating agency;

certain quantitative and regular list of employees of insurance company;

assume that the insurance company meets the requirements of credit institution to insurance companies for risks insurance of borrowers - the physical persons when crediting for the purpose of which are not connected with implementation of business activity (further risks insurance of borrowers - physical persons), in case of availability at insurance company of the credit rating on national rating scale for the Russian Federation established by credit institution for each credit rating agency included in the register of credit rating agencies of the Central bank of the Russian Federation. At the same time the level of credit rating established by credit institution on national rating scale of insurance company cannot be lower than the level of the highest value of the seventh step of comparison of rating scales of credit rating agencies (alphabetic reference of "VV-") and higher than the level of the lowest value of the third step of the comparison of rating scales of credit rating agencies (alphabetic reference "And -") performed by the Central bank of the Russian Federation according to Item 11 of part 1 of article 15 of the Federal law "About Activities of Credit Rating Agencies in the Russian Federation, about Modification of Article 76.1 of the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" and Recognition Voided Separate Provisions of Legal Acts of the Russian Federation" down down. With two and more credit ratings of different credit rating agencies the smallest assigned credit score is considered;

b) establishes the exhaustive list of requirements to conditions of provision of insurance service, at the same time the specified requirements:

do not contain obviously burdensome conditions for borrowers which proceeding from reasonably understood interests they would not accept in the presence at them opportunity to participate in determination of conditions of insurance contracts;

do not treat the subject of the agreement of insurance;

do not provide obligation of the borrower to sign the insurance contract for the term equal to crediting term, in that case when crediting is performed for the term of over 1 year (in case of risks insurance of borrowers within program implementation of mortgage lending, except for liability insurances of the borrower for non-execution or improper execution of obligations on repayment of the loan, requirements to conditions of provision of insurance service can provide obligation of the borrower to sign the insurance contract for the term equal to crediting term if terms of the contract of insurance provide possibility of introduction of insurance premium by installments with payment of the due insurance premium at least 1 time a year);

do not provide restrictions on the size of insurance sum, except for establishments of insurance sum in the amount of the total amount of obligations of the borrower according to the loan agreement or the credit agreement at the time of the conclusion of the insurance contract or payment of the due insurance premium;

c) establishes the exhaustive list of data and documents which the insurance company shall provide to credit institution for check of its compliance to requirements to insurance companies and conditions of provision of insurance service.

Such data and documents are submitted by insurance company only in case of lack of up-to-date information on the official sites of insurance company and Central bank of the Russian Federation on the Internet.

For risks insurance of borrowers - physical persons of submission of such data and documents are not required in the presence from insurance company of level of the credit rating on national rating scale for the Russian Federation not lower than the level determined by credit institution according to the procedure, provided by the paragraph the twelfth the subitem "an" of Item 2 of this document;

d) establishes terms (no more than 10 working days from the date of receipt of request) the directions of insurance company which addressed with the corresponding request, the list of requirements of credit institution to insurance companies and conditions of provision of insurance service, and also the list of data and documents which the insurance company shall provide to credit institution for check of its compliance to the specified requirements;

e) establishes terms (no more than 60 working days from the date of receipt of all necessary data and documents provided by the list specified in the subitem "v" of this Item) considerations submitted by insurance company of data and documents for check of its compliance to requirements to insurance companies and conditions of provision of insurance service, and also terms (no more than 10 working days from the date of adoption of the relevant decision) the directions of the motivated reply of insurance company about its compliance to the specified requirements or discrepancy to specific requirements from the list of the specified requirements;

e) establishes terms (no more than 10 working days from the date of adoption of the relevant decision) inclusions of insurance company after conducting the check specified in the subitem "d" of Item 2 of this document in the list of the insurance organizations meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service and also procedure for forming of the list of the insurance organizations meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service;

g) establishes procedure for informing borrowers on option of any insurance organization meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service;

h) informs borrowers on the official site of credit institution on the Internet (in case of its availability), at information stands in premises of credit institution and places of customer service, and also in case of the oral appeal to credit institution the following information:

data on possibility of borrowers to insure risks in any insurance organization meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service including to replace earlier chosen insurance organization on other meeting the specified requirements during all term of crediting;

the list of the insurance organizations which underwent testing specified in the subitem "d" of Item 2 of this document, meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service with simultaneous specifying on the fact that for risks insurance of borrowers - physical persons insurance companies in the presence at them the level of the credit rating on national rating scale for the Russian Federation determined by credit institution according to the procedure treat such organizations provided by the paragraph the twelfth the subitem "an" of Item 2 of this document, and also data on the methods determining possibilities of receipt by borrowers of information on the credit ratings appropriated by credit rating agencies including references to the official sites of such agencies in the Internet;

requirements of credit institution to insurance companies and conditions of provision of insurance service;

the list of data and documents which the insurance company shall provide to credit institution for check of its compliance to requirements to insurance companies and conditions of provision of insurance service;

data on the effects of the conclusion of insurance contracts established by credit institution in the conditions of credit agreements (loan agreements) with the insurance organizations which are not meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service, including excluded from the list of the insurance organizations meeting such requirements, including about interest rate realignment for the credit agreement (loan agreement);

i) does not set restrictions (limits) for the number of insurance contracts which can conclude with borrowers the insurance organizations meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service, restrictions (limits) for the size of insurance sum which can be established in the insurance contracts signed with the borrower, the insurance organizations meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service, and also restrictions (limits) for the size of insurance premium which can be received by the insurance organization meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service according to the insurance contracts signed with borrowers;

j) establishes possible frequency (not more often than once in calendar quarter) holding procedure of confirmation of conformity to requirements to insurance companies and conditions of provision of insurance service of the insurance organization included in the list of the insurance organizations meeting the specified requirements and also procedure and terms of holding such procedure;

k) establishes the exhaustive list of data and documents which the insurance organization included in the list of the insurance organizations meeting the requirements to insurance companies and conditions of provision of insurance service submits to credit institution for confirmation of its compliance to the specified requirements.

Such data and documents are submitted by insurance company only in case of lack of up-to-date information on the official sites of insurance company and Central bank of the Russian Federation on the Internet.

For risks insurance of borrowers - physical persons of submission of such data and documents are not required in the presence from insurance company of level of the credit rating on national rating scale for the Russian Federation not lower than the level determined by credit institution according to the procedure, provided by the paragraph the twelfth the subitem "an" of Item 2 of this document;

l) establishes procedure and terms of informing insurance company on the results of the procedure of confirmation of conformity to requirements of credit institution to insurance companies and conditions of provision of insurance service about its compliance to the specified requirements or its discrepancy to specific requirements from the list of the specified requirements and its exception of the list of the insurance organizations meeting these requirements;

m) does not provide restrictions for insurance company on submission due dates of documents for repeated passing of check on compliance to its requirements of credit institution to insurance companies and conditions of provision of insurance service in case of elimination of the reasons which formed the basis for decision making about discrepancy of insurance company to the specified requirements;

o) establishes possible frequency of modification of requirements of credit institution to insurance companies and conditions of provision of insurance service (is not more often than once within 6 months, except as specified, caused by modification of regulatory legal acts of the Russian Federation and regulations of the Central bank of the Russian Federation), and also procedure and terms (no more than 10 working days from the date of introduction of corresponding changes) informing the insurance organizations included in the list of the insurance organizations meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service about the made changes. At the same time change of the rating level on national rating scale for the Russian Federation determined by credit institution according to the procedure, provided by the paragraph the twelfth the subitem "an" of Item 2 of this document, is performed at the discretion of credit institution without the requirement to frequency provided by this Item;

o) accepts the insurance policy (insurance contract) of the insurance organization meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service during all term of crediting without change of conditions of the credit agreement (loan agreement) on condition of ensuring insurance with the borrower of continuity in accordance with the legislation of the Russian Federation and (or) conditions of the credit agreement (loan agreement), and also irrespective of the termination of effective period of earlier signed insurance contract.

3. Conditions of agreements which establish cannot be acknowledged admissible:

a) obligation of the Parties of the agreement not to sign similar agreements with other credit and insurance companies, except for agreements under which the credit institution acts as insurance agent and not sign agency agreements with other insurance companies;

b) the obligation of the Parties to demand from the borrower to insure risks in one insurance company during all term of crediting;

c) the obligation of the Parties to demand from the borrower to insure other risks, than risk of loss or damage of pledged property, except for case when the agreement provides obligation of credit institution to offer the borrower crediting on the comparable conditions on terms and the amount of crediting excluding obligation of the borrower to insure other risks, than risk of loss or damage of pledged property;

d) restriction of the right of credit institution to create several lists of the insurance organizations meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service and also to impose different requirements to insurance companies and conditions of provision of insurance service depending on type (program) of crediting;

e) restriction of the right of credit institution to use such characteristics as the size of the authorized capital, the size of collected insurance premium, the size of insurance reserves and own means of insurance company, the size of security deposit of branch of foreign insurance company when calculating the relative indicators characterizing financial stability and solvency of insurance company;

e) obligation of insurance company to place money on deposits and in securities of credit institution, to support remaining balance of means on accounts in credit institution in certain size, and also to support turnovers of means according to settlement accounts in credit institution in certain size;

g) to offer obligation of credit institution to borrowers of service of insurance company, including the insurance company entering group of persons of credit institution in priority procedure in comparison with services of other insurance organizations conforming to requirements of credit institution to insurance companies and conditions of provision of insurance service.

4. For the purpose of ensuring the competition the agreement shall contain condition according to which:

a) the credit institution shall accept the insurance policy (insurance contract) of any insurance company chosen by the borrower provided that the insurance company conforms to requirements of credit institution to insurance companies and conditions of provision of insurance service;

b) the interest rate for the credit agreement (loan agreement) does not depend on the name of insurance company with which the borrower or credit institution signs the insurance contract provided that such insurance company and such insurance contract conform to requirements of credit institution to insurance company and conditions of provision of insurance service;

c) the credit institution does not cause receipt of any other benefits by the borrower according to the credit agreement (loan agreement) the conclusion of the insurance contract with insurance company with which at credit institution the agreement and (or) the credit institution entering group of persons is signed if such benefits are not provided to the borrower by provision of the insurance policy (insurance contract) of any insurance company chosen by the borrower provided that the insurance company conforms to requirements of credit institution to insurance companies and the insurance policy (insurance contract) conforms to requirements of credit institution to conditions of provision of insurance service.

5. The agreement concerning which the conditions specified in Items 2 - 4 this documents are satisfied is admissible if its conclusion is not the compulsory provision of adoption of the insurance policy (insurance contract) by credit institution and (or) inclusions of insurance company in the list of the insurance organizations meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service.

 

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