INSTRUCTION OF THE CENTRAL BANK OF RUSSIA

of July 5, 2007 No. 1853-U

About features of implementation by credit institution of settlement transactions after revocation of license on banking operations and about the accounts used by the receiver (the liquidator, liquidation commission)

This Instruction according to part one of the Civil code of the Russian Federation (The Russian Federation Code, 1994, N 32, Art. 3301; 1996, N 9, Art. 773; N 34, of Art. 4026; 1999, N 28, Art. 3471; 2001, N 17, Art. 1644; N 21, of Art. 2063; 2002, N 12, Art. 1093; Art. N 48, 4737, Art. 4746; 2003, N 2, Art. 167; N 52, of Art. 5034; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 1, Art. 18, Art. 39, Art. 43; N 27, of Art. 2722; N 30, of Art. 3120; 2006, N 2, Art. 171; N 3, of Art. 282; N 23, of Art. 2380; N 27, of Art. 2881; N 31, of Art. 3437; N 45, of Art. 4627; N 50, of Art. 5279; Art. N 52, 5497, Art. 5498; 2007, N 7, Art. 834), Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (Russian Federation Code, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, of Art. 5032; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 25, Art. 18, Art. 2426; N 30, of Art. 3101; 2006, N 19, Art. 2061; N 25, of Art. 2648; 2007, N 1, Art. 9, Art. 10; N 10, of Art. 1151; Art. N 18, 2117), 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, 3469; 2001, N 26, Art. 2586; N 33, of Art. 3424; 2002, N 12, Art. 1093; 2003, N 27, Art. 2700; N 50, of Art. 4855; Art. N 52, 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, of Art. 3233; N 45, of Art. 4377; 2005, N 1, Art. 18, Art. 45; N 30, of Art. 3117; 2006, N 6, Art. 636; N 19, of Art. 2061; N 31, of Art. 3439; 2007, N 1, Art. 9; Art. N 22, 2563), Federal Law "About Insolvency (Bankruptcy)" (Russian Federation Code, 2002, N 43, Art. 4190; 2004, N 35, Art. 3607; 2005, N 1, Art. 18, Art. 46; N 44, of Art. 4471; 2006, N 30, Art. 3292; 2007, N 7, Art. 834), Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" (Russian Federation Code, 1999, N 9, Art. 1097; 2001, N 26, Art. 2590; 2002, N 12, Art. 1093; 2003, N 50, Art. 4855; 2004, N 31, Art. 3220; N 34, of Art. 3536; 2007, N 1, the Art. 10) and the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of July 2, 2007 N 14) establish features of implementation by credit institution of settlement transactions after revocation of license on banking operations (further - the license), and also establishes procedure for use of accounts by the receiver (the liquidator, liquidation commission).

Chapter 1. Transactions of credit institution after revocation of license

1.1. From the date of response at credit institution of the license and about day of entry into force of the decision of Arbitration Court on recognition of credit institution by insolvent (bankrupt) or about its liquidation, credit institution from which the license is revoked (further - the liquidated credit institution) (its branch) stops account transactions of clients, credit institutions - correspondents, divisions of the Bank of Russia through which the Bank of Russia transfers money within payment system of the Bank of Russia (further - divisions of the Bank of Russia) stop transactions on correspondent accounts (sub-accounts) of the liquidated credit institution (its branch), except the cases provided by parts 10 and 13 of article 20 of the Federal law "About Banks and Banking Activity".

1.2. For the purpose of execution of provisions of article 20 of the Federal law "About Banks and Banking Activity" credit organizatsiikorrespondenta, divisions of the Bank of Russia, from the date of response at credit institution of the license check compliance of purpose of payment to the transactions permitted by the legislation of the Russian Federation, including regulations of the Bank of Russia at the arriving orders about money transfer (further - orders) which amounts are subject to transfer on correspondent account (sub-account) of the liquidated credit institution (its branch) or to write-off from correspondent account (sub-account) of the liquidated credit institution (its branch).

1.3. Credit institutions - correspondents and divisions of the Bank of Russia, stop acceptance of the orders arriving from the date of revocation of license for transfer of money on bank accounts of clients of the liquidated credit institution (its branch) and perform return of money into accounts of payers in banks senders with the notification on response at credit institution of the license and specifying of date and number of the relevant order of the Bank of Russia.

1.4. According to article 20 of the Federal law "About Banks and Banking Activity" the credit institution after day of revocation of license about day of entry into force of the decision of Arbitration Court on recognition of credit institution by insolvent (bankrupt) or about its liquidation, in coordination with territorial office of the Bank of Russia in the location of the liquidated credit institution (its branch), returns the payment order of credit institution to the payer the money intended for transfer on bank accounts of clients of credit institution and mistakenly enlisted after revocation of license on correspondent account (sub-account) of the liquidated credit institution (its branch).

Approval by territorial office of the Bank of Russia of return of the money which is mistakenly enlisted after revocation of license is performed according to the application submitted by credit institution constituted in any form.

1.5. From the date of response at credit institution of the license, the arriving orders on cash write-off from correspondent account (sub-account) of the liquidated credit institution (its branch), except for the orders connected with execution of the current obligations of the liquidated credit institution return divisions of the Bank of Russia, the credit organizations correspondents to senders of the specified orders with the notification on response at credit institution of the license and specifying of date and number of the relevant order of the Bank of Russia.

1.6. If according to article 189.51 of the Federal law "About Insolvency (Bankruptcy)" the Committee of banking supervision of the Bank of Russia approves the plan of participation of the "Deposit Insurance Agency" state corporation (further - the Agency) in settlement of obligations of credit institution which provides transfer to bank acquirer as a part of the transferred property of the money which arrived in credit institution as a result of return of the required reserves deposited by credit institution on separate bank accounts of Russia on accounting of required reserves, and the required reserves deposited on the separate bank account of Russia in case of failure to carry out of obligation on averaging (further - the required reserves of credit institution deposited in the Bank of Russia), the Bank of Russia transfers the specified money to the correspondent account of the liquidated credit institution opened in the Bank of Russia based on the statement of the Agency.

After the conclusion according to article 189.54 of the Federal law "About Insolvency (Bankruptcy)" of the agreement (agreements) of cession of property and obligations of credit institution between temporary administration on management of credit institution and bank acquirer in coordination with the Bank of Russia (Department of banking supervision) money is transferred from the correspondent account of the liquidated credit institution opened in the Bank of Russia to the correspondent account of bank acquirer opened in the Bank of Russia based on the order of temporary administration on management of credit institution.

Chapter 2. The accounts of credit institution used during liquidation. Procedure for confirmation of the right of implementation of transactions on correspondent accounts (sub-accounts) of the liquidated credit institution (its branch)

2.1. The receiver (the liquidator, liquidation commission) for implementation of the functions determined by the Civil code of the Russian Federation, the Federal Law "About Banks and Banking Activity", the Federal Law "About Insolvency (Bankruptcy)" uses the correspondent account of the liquidated credit institution opened in the Bank of Russia.

According to Item 2 of article 189.88 of the Federal Law "About insolvency (bankruptcy) when implementing powers and functions of the receiver of the liquidated credit institution by the Agency, except correspondent accounts of the liquidated credit institutions opened in the Bank of Russia, the Agency uses the accounts opened in the Bank of Russia and the accounts of the liquidated credit institutions opened in the Agency.

2.2. For confirmation of the right to perform transactions on correspondent account (sub-account) of the liquidated credit institution (its branch) opened in the Bank of Russia, the arbitration manager accredited under the Bank of Russia and approved (appointed) by Arbitration Court as the receiver (liquidator) represents to the division of the Bank of Russia defined by the agreement of correspondent account (further - the agreement of the account), the documents provided by the paragraph the fifth Item 4.14 of the Instruction of the Bank of Russia of May 30, 2014 No. 153-I "About opening and closing of bank accounts, accounts on deposits (deposits), deposit accounts" registered by the Ministry of Justice of the Russian Federation on June 19, 2014 No. 32813, on February 14, 2017 No. 45638 (further - the Instruction of the Bank of Russia No. 153-I).

At the same time in card with specimen signatures and impress of a seal person given right to sign - the receiver (liquidator) is specified.

2.3. In case of liquidation of credit institution according to the decision of general meeting of her founders (participants) (further - voluntary liquidation) the liquidation commission (liquidator) after the decision on cancellation of the license of credit institution and approval of structure of liquidation commission (the candidate for the liquidator) of the Bank of Russia made by the Bank of Russia has the right to perform transactions on correspondent account (sub-account) of credit institution (its branch) opened in the Bank of Russia.

For confirmation of the right to perform transactions on correspondent account (sub-account) of credit institution (its branch) opened in the Bank of Russia in case of voluntary liquidation of credit institution the liquidation commission (liquidator) represents to the division of the Bank of Russia defined by the agreement of the account, the following documents:

the copy of the decision of general meeting (the protocol of general meeting) of founders (participants) of credit institution on liquidation of credit institution with the decision on appointment of liquidation commission (liquidator) certified in accordance with the established procedure;

the copy of the letter on approval of territorial office of the Bank of Russia in the location of the liquidated credit institution (Department of supervision of systemically significant credit institutions of the Bank of Russia if it exercised supervision of activities of credit institution) structure of liquidation commission (liquidator);

the document granting to the authorized person (persons) right to sign, signed by the chairman of liquidation commission (liquidator);

the card with specimen signatures and impress of a seal which is drawn up according to the procedure, established by Chapter 7 of the Instruction of the Bank of Russia No. 153-I, with impress of a seal of liquidation commission (liquidator). At the same time in card persons given right to sign - the chairman of liquidation commission (liquidator) and (or) the other person (other persons) authorized (authorized) by the chairman of liquidation commission (liquidator) from among members of liquidation commission are specified.

2.4. For confirmation of the right to perform transactions on correspondent account (sub-account) of the liquidated credit institution (its branch) opened in the Bank of Russia, the representative of the Agency represents to the division of the Bank of Russia defined by the agreement of the account, the following documents:

the copy of the decision (determination) of Arbitration Court on approval of the Agency by the receiver (liquidator) certified in accordance with the established procedure;

the copy of the decision (the statement from the decision) authorized body of the Agency about appointment of the representative of the Agency certified in accordance with the established procedure;

the copy of the power of attorney on implementation of functions of the representative of the Agency granting to the authorized person (persons) right to sign, issued by the Agency and certified in accordance with the established procedure;

the card with specimen signatures and impress of a seal which is drawn up according to the procedure, established by Chapter 7 of the Instruction of the Bank of Russia No. 153-I, with impress of a seal of the representative of the Agency performing powers of the receiver (liquidator) of credit institution. At the same time in card persons given right to sign the representative of the Agency and (or) other person authorized by the Agency are specified.

2.5. The receiver (the liquidator, liquidation commission) for confirmation of the right to perform transactions on the correspondent accounts of the liquidated credit institution opened in credit institutions - residents, submits the documents provided by Items 2.2 - 2.4 presents of the Instruction.

To banks - nonresident correspondents the receiver (the liquidator, liquidation commission) submits documents in accordance with the terms of agreements on establishment of correspondence relations.

Chapter 3. Procedure of account transactions of the liquidated credit institution

3.1. After submission of the documents confirming the right to perform transactions on correspondent account (sub-account) of the liquidated credit institution (its branch), the division of the Bank of Russia transfers to liquidation commission (liquidator) unexecuted orders according to the procedure, No. 384-P established by the Provision of the Bank of Russia of June 29, 2012 "About payment system of the Bank of Russia", by the registered Ministry of Justice of the Russian Federation on July 4, 2012 No. 24797, on April 19, 2013 No. 28207, on November 20, 2013 No. 30408, on August 1, 2014 No. 33399, on December 9, 2015 No. 40044, on December 7, 2016 No. 44614.

Unexecuted orders of claimants of means are transferred in similar procedure to the receiver (to the liquidator, liquidation commission, the representative of the Agency) by credit institutions - correspondents.

3.2. The correspondent accounts of the liquidated credit institution opened in credit institutions - correspondents, the correspondent sub-accounts of branches of the liquidated credit institution opened in the Bank of Russia are subject to closing during liquidating procedures for the statement of the receiver (the liquidator, the chairman of liquidation commission). Balances in cash of the liquidated credit institution shall be transferred from the specified accounts to the correspondent account of the liquidated credit institution opened in the Bank of Russia, the payment order of the receiver (the liquidator, the chairman of liquidation commission).

When implementing functions of the receiver (liquidator) by the Agency the money arriving on the correspondent account of the liquidated credit institution opened in the Bank of Russia and also remaining balance of means on this account can be transfered to account the liquidated credit institution, opened in the Agency. The correspondent accounts of the liquidated credit institution opened in credit institutions - correspondents, the correspondent sub-accounts of branches of the liquidated credit institution opened in Banks of Russia are subject to closing during liquidating procedures for the statement of the representative of the Agency. Balances in cash of the liquidated credit institution are transferred from the specified accounts to the account of the liquidated credit institution opened in the Agency or to the correspondent account of the liquidated credit institution opened in the Bank of Russia.

Money is transferred based on the payment order of the representative of the Agency or based on the agreement signed by the liquidated credit institution on behalf of the representative of the Agency and the Bank of Russia granting the right to division of the Bank of Russia on creation of the order about transfer of the settlement document for money transfer into the account of the liquidated credit institution opened in the Agency.

The receiver (the liquidator, the chairman of liquidation commission, the representative of the Agency) receives from credit institution of the correspondent the reference constituted in any form confirming closing of correspondent account of the liquidated credit institution, and the statement from the account confirming transfer of balances in cash.

3.3. In case of liquidation of credit institution according to the decision of Arbitration Court and statement (appointment) by Arbitration Court of the receiver or liquidator of means of required reserves of the liquidated credit institution deposited in the Bank of Russia, and other means placed in the Bank of Russia according to the statement of the receiver (the liquidator, the representative of the Agency) provided to the division of the Bank of Russia defined by the agreement of the account are transferred by the Bank of Russia to the correspondent account of the liquidated credit institution opened in the Bank of Russia within 10 calendar days from the date of receipt of the corresponding statement.

In case of voluntary liquidation of credit institution of means of required reserves of credit institution, deposited in the Bank of Russia, are transferred by the Bank of Russia to the correspondent account of the liquidated credit institution opened in the Bank of Russia after approval of the interim liquidation balance sheet by territorial office of the Bank of Russia (Department of supervision of systemically significant credit institutions of the Bank of Russia if it exercised supervision of activities of credit institution) within 5 working days from the date of obtaining from the chairman of liquidation commission (liquidator) of the corresponding statement.

3.4. From the correspondent account of the liquidated credit institution opened in the Bank of Russia, according to the procedure and the priority established by the legislation of the Russian Federation calculations with creditors of the liquidated credit institution, and also expenses according to the current obligations of the liquidated credit institution are perfromed.

When implementing powers of the receiver (liquidator) by the Agency settlings with creditors and expenses according to the current obligations of the liquidated credit institution are performed from the correspondent account of the liquidated credit institution opened in the Bank of Russia, or from the account of the liquidated credit institution opened in the Agency.

3.5. For accumulation of foreign currency cash, including transfer of the amounts of remaining balance of currency funds from correspondent accounts in corresponding banks - nonresidents, return of the earlier loans and advance payments arriving from debtors and other partners (residents and nonresidents), the income from earlier performed banking activities and transactions, including percent on the credits, the receiver (the liquidator, the chairman of liquidation commission, the representative of the Agency) uses the accounts of the liquidated credit institution in foreign currency opened to response (cancellation) of the license at it in credit organizatsiyakhrezidenta and (or) if necessary opens in credit institutions - residents other correspondent accounts in foreign currency corresponding to currencies of the available requirements of the liquidated credit institution.

3.6. The expenses connected with the current obligations of the liquidated credit institution in foreign currency are performed from the correspondent currency account of the liquidated credit institution opened in credit institution - resident.

3.7. Balances in cash on correspondent accounts of the liquidated credit institution in foreign currency are subject to sale for rubles in the domestic foreign exchange market of the Russian Federation with the subsequent money transfer on the correspondent account of the liquidated credit institution opened in the Bank of Russia, or when implementing powers of the receiver (liquidator) by the Agency - into the account of the liquidated credit institution opened in the Agency.

3.8. When closing bank accounts of clients according to their statements during liquidation of credit institution balances in cash on the closed accounts are accounts payable and are considered on balance of the liquidated credit institution.

3.9. When implementing payments to creditors - to legal entities money is transferred in non-cash - procedure from the correspondent account of the liquidated credit institution opened in the Bank of Russia or from the account of the liquidated credit institution opened in the Agency when implementing powers of the receiver (liquidator) by the Agency, to the bank account specified by the creditor opened addressed to the creditor in credit institution - resident. In case of absence at creditors - nonresidents of bank accounts in currency of the Russian Federation money can be transferred according to their written application into the bank accounts in currency of the Russian Federation specified by such creditors including for bank accounts of the third parties (residents and nonresidents).

For implementation of payments to creditors - to physical persons money is issued by cash according to the procedure, established by regulations of the Bank of Russia, or transferred from the correspondent account of the liquidated credit institution opened in the Bank of Russia, or from the account of the liquidated credit institution opened in the Agency when implementing powers of the receiver (liquidator) by the Agency, on the bank account specified by the creditor based on the register of requirements of creditors, or transferred to the deposit of the notary.

In case of voluntary liquidation of the credit institution and involuntary liquidation performed according to the procedure of article 23.1 of the Federal law "About Banks and Banking Activity", calculations with creditors are perfromed after approval of territorial office of the Bank of Russia (Department of supervision of systemically significant credit institutions of the Bank of Russia if it exercised supervision of activities of credit institution) the interim liquidation balance sheet.

3.10. If founders (participants) of the liquidated credit institution or the third party (third parties) showed willingness to fulfill obligations the declared bankrupt of credit institution according to article 189.93 of the Federal law "About Insolvency (Bankruptcy)", the receiver opens the special (correspondent) account of the liquidated credit institution in credit institution - resident on which money in the amount of, necessary for complete obligation fulfillment of credit institution is enlisted.

The specified special (correspondent) account is opened based on the statement of the receiver with application of documents, the stipulated in Item 2.2 presents of the Instruction, for confirmation of the right of the receiver to perform transactions on correspondent account of the liquidated credit institution.

3.11. Accounts of the liquidated credit institution are subject to closing during liquidating procedures of credit institution, except for the correspondent account of the liquidated credit institution opened in the Bank of Russia which is closed based on the statement of the receiver (the liquidator, the chairman of liquidation commission) constituted in any form and the arbitration court ruling about completion of bankruptcy proceedings or about completion of liquidation of credit institution, and in case of voluntary liquidation of credit institution - based on the decision (protocol) of meeting of founders (participants) of credit institution on approval of the liquidation balance sheet.

When implementing powers of the receiver (liquidator) by the Agency of accounts of the liquidated credit institution, opened in the Agency, it is closed after removal of determination by Arbitration Court about completion of bankruptcy proceedings or about completion of liquidation of credit institution. The certificate of account termination constituted in any form is submitted the representative of the Agency in territorial office of the Bank of Russia in the location of the liquidated credit institution.

3.12. In accordance with the legislation of the Russian Federation, including regulations of the Bank of Russia, the receiver (the liquidator, liquidation commission, the representative of the Agency) represent to territorial office of the Bank of Russia, in the location of the liquidated credit institution, accounting and statistical records of the liquidated credit institution, and also other data and information on the liquidation course.

Chapter 4. Final provisions

4.1. This Instruction becomes effective after 10 days after day of its official publication in "the Bulletin of the Bank of Russia".

 

 

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