PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 9, 2005 No. 279-P

About temporary administration on management of credit institution

List of amending documents

This Provision is developed according to the requirements established by the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, Art. 2790; 2003, N 2, Art. 157, N 52, Art. 5032; 2004, N 27, Art. 2711, N 31, Art. 3233; 2005, N 25, Art. 2426, N 30, Art. 3101), 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, 3470; 2001, N 26, Art. 2586; N 33, of Art. 3424; 2002, N 12, Art. 1093; 2003, N 27, Art. 2700, N 50, Art. 4855, N 52, Art. 5033, 5037; 2004, N 27, Art. 2711, N 31, Art. 3233, N 45, Art. 4377; 2005, N 1, Art. 18, 45, N 30, Art. 3117), Federal Law "About Insolvency (Bankruptcy)" (Russian Federation Code, 2002, N 43, Art. 4190; 2004, N 35, Art. 3607; 2005, N 1, Art. 18, 46), 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; 2004, N 31, Art. 3220, N 34, Art. 3536), Federal Law "About Deposit Insurance in Banks of the Russian Federation" (Russian Federation Code, 2003, N 52, Art. 5029; 2004, N 34, Art. 3521; 2005, N 1, the Art. 23), and according to 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 October 26, 2005 N 20) establish procedure for appointment, the organization, implementation and termination of activities of temporary administration for management of credit institution (further - temporary administration), and also form of the register of requirements of creditors.

Chapter 1. General provisions

1.1. According to item 4 of part two of article 74 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" the Bank of Russia has the right to appoint temporary administration for a period of up to six months, except for case, stipulated in Item 4 articles 18 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions".

According to item 4 of article 18 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" after response at credit institution of the license for banking operations (further - the license) the temporary administration performs the powers in credit institution from the date of the appointment about day of pronouncement by Arbitration Court of the decision on recognition of credit institution by the bankrupt and about opening of bankruptcy proceedings (statement of the receiver) or about day of the introduction in legal force of the decision of Arbitration Court on appointment of the liquidator of credit institution (further - the liquidator).

1.2. Temporary administration, and also the representative of temporary administration appointed by temporary administration and authorized to represent its interests in branch (governing bodies of the affiliated organization) of credit institution (further - the representative of temporary administration), are effective according to the Federal Laws, this Provision and other regulations of the Bank of Russia. The representative of temporary administration appointed in branch (governing bodies of the affiliated organization) of credit institution is bank clerk of Russia and can not be the member of temporary administration.

1.3. According to Item 1 of article 17 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" the Bank of Russia has the right to appoint temporary administration if:

1) the credit institution does not meet the requirement of creditors (creditor) for monetary commitments (obligation) and (or) does not fulfill duty on payment of obligatory payments in the terms exceeding seven days and more from the moment of approach of date of their satisfaction and (or) execution, due to the lack or insufficiency of money on correspondent accounts of credit institution;

2) the credit institution allows decrease in own means (capital) in comparison with their maximum size reached for the last 12 months, more than for 30 percent in case of simultaneous violation of one of the obligatory standard rates established by the Bank of Russia;

3) the credit institution violates the standard rate of current liquidity established by the Bank of Russia within the last month more than for 20 percent;

4) the credit institution does not perform the requirement of the Bank of Russia about replacement of the head of credit institution or about implementation of measures for financial improvement or reorganization of credit institution at the scheduled time;

5) according to the Federal Law "About Banks and Banking Activity" the credit institution of the license has bases for response.

1.4. According to Item 2 of article 17 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" the Bank of Russia shall appoint temporary administration in credit institution no later than the day following behind day of response at credit institution of the license.

Chapter 2. Procedure for appointment of temporary administration

2.1. The decision on appointment of temporary administration is made by Committee of banking supervision of the Bank of Russia (further - Committee) or the Chairman of the Bank of Russia.

The decision on appointment of temporary administration is made according to the petition of territorial office of the Bank of Russia in the location of credit institution (further - territorial office of the Bank of Russia) and (or) Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia.

2.2. The petition for appointment of temporary administration shall contain:

data on credit institution (complete the corporate and reduced corporate names of credit institution, registration number, registration date, the location of credit institution);

data on branches and other divisions of credit institution;

data on the affiliated organizations of credit institution;

reasons for appointment of temporary administration according to the requirements established by the Federal Law "About Insolvency (Bankruptcy) of Credit Institutions";

data on financial condition of credit institution (taking into account results of the last thematic and complex checks, assessment of the violations revealed in activities of credit institution and results of elimination of violations by which corrective actions were applied to credit institution earlier);

offer on effective period of temporary administration;

offer on structure of temporary administration: about candidates for the head of temporary administration, the deputy manager of temporary administration (if necessary), members of temporary administration (with indication of the surname, name, middle name of each candidate held by him position, compliance of its education and qualification to the requirements established by this Provision);

the offer on powers of temporary administration and powers of executive bodies of credit institution (about restriction or about suspension of powers of executive bodies of credit institution);

list of corresponding banks of credit institution;

other data which the territorial office of the Bank of Russia and (or) Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia recognizes essential to reasons for the petition for appointment of temporary administration.

The head of temporary administration, the deputy manager of temporary administration and members of temporary administration are appointed by the Bank of Russia according to the offer of territorial office of the Bank of Russia and (or) Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia.

2.3. The decision on appointment of temporary administration is drawn up by the order of the Bank of Russia which is signed by the Chairman of the Bank of Russia or its deputy heading Committee.

2.4. The draft of the order of the Bank of Russia on appointment of temporary administration prepares Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia.

The order of the Bank of Russia on appointment of temporary administration shall contain:

complete the corporate and reduced corporate names of credit institution, registration number, registration date, the location of credit institution;

the name of the Federal Law and the reference to Article (Item, the subitem) based on which the decision on appointment of temporary administration is made;

specifying of effective period of temporary administration;

information about structure of temporary administration (the head of temporary administration, the deputy manager of temporary administration (if necessary) and members of temporary administration with indication of their surnames, names, middle names and posts);

the list of the main tasks and functions assigned to temporary administration;

the list of powers of temporary administration and specifying on restriction or suspension of powers of executive bodies of credit institution;

regulations on the notification the Bank of Russia of corresponding banks (including nonresidents) about appointment of temporary administration;

regulations on inclusion of the specified order of the Bank of Russia in the Unified Federal Register of Bankruptcy Information no later than the next working day from the date of its acceptance and about publication of the specified order of the Bank of Russia in "the Bulletin of the Bank of Russia" within 10 days from the date of its acceptance.

The order of the Bank of Russia on appointment of temporary administration may contain other provisions necessary for accomplishment of the tasks and functions assigned to temporary administration.

2.5. The order of the Bank of Russia on appointment of temporary administration is carried to territorial offices of the Bank of Russia and credit institutions according to the procedure, established by regulations of the Bank of Russia, joins Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia in the Unified Federal Register of Bankruptcy Information no later than the next working day from the date of its acceptance and is published by the Bank of Russia in "the Bulletin of the Bank of Russia" within 10 days from the date of its acceptance.

2.6. The structure of temporary administration in coordination with the "Deposit Insurance Agency" state corporation (further - the Agency) can join her employees.

The head of temporary administration is bank clerk of Russia. The deputy manager of temporary administration is bank clerk of Russia or the Agency. Members of temporary administration can not be bank clerks of Russia or the Agency.

2.7. According to the offer of territorial office of the Bank of Russia and (or) Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia according to which petition the temporary administration is appointed the order of the Bank of Russia on appointment of temporary administration can be changed regarding assignment of obligations of the head of temporary administration (deputy manager) to the member of temporary administration, and also regarding change of structure, effective period and powers of temporary administration. Introduction of the specified changes is drawn up by the order of the Bank of Russia which is signed by the Chairman of the Bank of Russia or its deputy heading Committee.

Orders of the Bank of Russia on introduction of such changes are led up according to the procedure, established by regulations of the Bank of Russia, to territorial offices of the Bank of Russia and credit institutions, join Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia in the Unified Federal Register of Bankruptcy Information no later than the next working day from the date of their acceptance and are published by the Bank of Russia in "the Bulletin of the Bank of Russia" within 10 days from the date of their acceptance.

2.8. Distribution of obligations between the head, the deputy manager and members of temporary administration is drawn up by the order of the head of temporary administration.

2.9. Bank clerks of Russia, including employees of territorial offices of the Bank of Russia, according to the written order of the head of the structural unit of the Bank of Russia or the head of territorial office of the Bank of Russia for the purpose of rendering assistance of temporary administration in realization of the tasks and functions assigned to it, and also implementation by the Bank of Russia of control of activities of temporary administration have the right to take part in work of temporary administration, including have the right of pass to the rooms occupied by credit institution, acquaintance with documents, available temporary administration, and copying from such documents.

According to the petition of the Agency approved with the Bank of Russia for the purpose of realization of the functions assigned according to the Federal Law "About Deposit Insurance in Banks of the Russian Federation" and the Federal Law "About Insolvency (Bankruptcy) of Credit Institutions", employees of the Agency have the right to get acquainted with the documents of credit institution connected with forming of the register of requirements of creditors, accounting and other records of credit institution.

Chapter 3. Structure of temporary administration

3.1. The head of temporary administration, the deputy manager of temporary administration (if necessary) and members of temporary administration are part of temporary administration.

The structure of temporary administration is determined depending on availability at credit institution of branches, and also from nature and amount of the forthcoming work.

3.2. The head of temporary administration shall have the higher economic or higher legal education, length of service in the Bank of Russia at least one year, and in the absence of the higher economic or higher legal education - length of service in the Bank of Russia at least one year and (or) experience of management of department (other division) of credit institution connected with banking operations, at least two years.

3.3. The deputy manager of temporary administration and members of temporary administration shall have the higher economic or higher legal education, and in the absence of the higher economic or higher legal education - work experience in bank system of the Russian Federation at least two years.

3.4. Cannot be part of temporary administration:

sole executive body of credit institution (daleerukovoditel of credit institution), the deputy managers of credit institution, persons entering into the board of directors (supervisory board) and collegiate executive body of credit institution (board, directorate) and also the chief accountant (accountant) of credit institution, the head of audit committee and members of audit committee (auditors) of credit institution, the head of internal control of credit institution and employees of service of internal control of credit institution;

sole executive body, his deputies, persons entering into the board of directors (supervisory board) and collegiate executive body (board, directorate) and also the chief accountant (accountant), the head of audit committee and members of audit committee (auditors), the head of internal control and employees of service of internal control of the legal entity which is the basic or subsidiary in relation to credit institution;

the persons specified in paragraphs second and third this Item, exempted from execution of the obligations within 12 months preceding appointment of temporary administration;

the interested persons determined by Item 3 of article 19 of the Federal law "About Insolvency (Bankruptcy)" in relation to persons specified in paragraphs second and third this Item;

persons which are creditors of credit institution (including investors);

persons having debt to credit institution;

persons having criminal record for making of crimes in the field of economy and against the government;

persons who made within 12 months preceding appointment of temporary administration, established by the resolution of body which took legal effect, authorized to consider cases on administrative offenses, administrative offense in the field of finance, taxes and fees, the security market;

persons with whom within two years preceding appointment of temporary administration employment contracts (contracts) at the initiative of the employer on the bases provided by Items 3, 5 - 7, 9 - 11 Articles 81 and Item 1 of article 278 of the Labor Code of the Russian Federation were terminated (The Russian Federation Code, 2002, N 1, the Art. 3).

3.5. The nominated person which is or being within three years preceding appointment of temporary administration, the shareholder (participant) of credit institution cannot be the head of temporary administration.

Chapter 4. The organization and operating procedure of temporary administration in case of restriction of powers of executive bodies of credit institution

4.1. Powers of executive bodies of credit institution can be limited according to the procedure and on conditions which are established by the Federal Laws and this Provision.

4.2. According to article 21 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" in case of restriction of powers of executive bodies of credit institution the temporary administration performs the following functions:

conducts examination of credit institution;

establishes availability of the bases for revocation of license, the stipulated in Article 20 Federal Laws "About Banks and Banking Activity";

participates in development of actions for financial improvement of credit institution and controls their realization;

controls the order property of credit institution in limits, stipulated in Item 4.5 this provision;

other functions according to the Federal Laws.

In case of detection of the stipulated in Article 20 Federal Laws "About Banks and Banking Activity" of the bases for revocation of license the temporary administration sends to the Bank of Russia, including to territorial office of the Bank of Russia, the petition for response at credit institution of the license according to the procedure and to the terms established by the regulation of the Bank of Russia determining procedure for initiation of response at credit institutions of licenses.

4.3. In case of restriction of powers of executive bodies of credit institution the head of temporary administration:

provides bringing to data of founders (participants), creditors and debtors of credit institution of the order of the Bank of Russia on appointment of temporary administration;

bears responsibility for activities of temporary administration;

signs the orders of temporary administration obligatory for execution by members of temporary administration and employees of credit institution;

provides implementation of functions of temporary administration, stipulated in Item 4.2 this provision;

establishes procedure for redistribution (in case of need) of means between branches of credit institution;

takes measures for execution of the instruction of the Bank of Russia about elimination of the violations revealed during check of credit institution in activities of credit institution, including by entering into financial and accounting records of the corresponding adjustments (corrections) according to the procedure, established by regulations of the Bank of Russia.

4.4. When implementing of the functions specified in Item 4.2 of this provision temporary administration:

obtains the necessary information and documents concerning activities of credit institution from governing bodies of credit institution;

agrees to making by governing bodies of credit institution of the transactions specified in Item 4.5 of this provision;

addresses to the Bank of Russia, including to territorial office of the Bank of Russia, with the petition for suspension of powers of executive bodies of credit institution if her officials or persons acting according to their order will prevent implementation of functions of temporary administration, including create conditions under which the temporary administration cannot perform fully or partially the functions assigned to it by the Federal Laws and regulations of the Bank of Russia or if it is necessary for implementation of measures for the prevention of bankruptcy of credit institution;

addresses to the Bank of Russia, including to territorial office of the Bank of Russia, with offers on introduction of amendments to the order of the Bank of Russia on appointment of temporary administration.

4.5. According to Item 3 of article 21 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" governing bodies of credit institution have the right to make transactions only with the consent of temporary administration:

connected with the conveyance of real property of credit institution in lease, pledge, with its introduction as contribution to the authorized capital of the third parties, and also with the order such property otherwise;

connected with the order other property of credit institution which book value makes more than 1 percent from book value of assets of credit institution, including with obtaining and issuance of credits and loans, placement in deposits, prolongation of the credits, loans, deposits, accounting of bills of exchange, with carrying out transactions with securities (including release of own securities), issue of guarantees and guarantees, concession of the rights of requirements, acceptance and forgiveness of debt, innovation, compensation, and also with organization of trust management. Book value of assets of credit institution is determined by data of line 11 of column 3 of the reporting under form 0409806 "Balance sheet (the published form)" (further - form 0409806) according to appendix 1 to the Instruction of the Bank of Russia of November 12, 2009 N 2332-U "About the list, forms and procedure for creation and representation of forms of the reporting of credit institutions at the Central bank of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on December 16, 2009 N 15615, on June 18, 2010 N 17590 ("the Bulletin of the Bank of Russia" of December 25, 2009 N 75-76, of June 25, 2010 N 35) (further - the Instruction of the Bank of Russia N 2332-U);

with the persons interested or affiliated concerning credit institution determined according to article 19 of the Federal law "About Insolvency (Bankruptcy)" and article 4 of the Law RSFSR "About the competition and restriction of monopolistic activities in the goods markets" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1991, N 16, Art. 499; Russian Federation Code, 1995, N 22, Art. 1977; 1998, N 19, Art. 2066; 2002, N 41, the Art. 3969) respectively, or with persons concerning whom the credit institution according to article 19 of the Federal law "About Insolvency (Bankruptcy)" is interested person, or with persons whose activities control or on whom the credit institution exerts considerable impact or with persons, under control or considerable influence of which is credit institution.

The temporary administration keeps the list of the transactions of credit institution approved by it according to appendix 1 to this Provision.

4.6. The temporary administration, in case of identification during implementation of the functions of signs of crime execution, sends information to law enforcement agencies, territorial office of the Bank of Russia and Department of licensing of activities and financial improvement of the Bank of Russia.

Chapter 5. The organization and operating procedure of temporary administration in case of suspension of powers of executive bodies of credit institution

5.1. Powers of executive bodies of credit institution can be suspended by the Bank of Russia according to the procedure and on the conditions determined by the Federal Laws and this Provision.

5.2. According to article 22 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" in case of suspension of powers of executive bodies of credit institution the temporary administration performs the following functions:

realizes powers of executive bodies of credit institution;

conducts examination of credit institution;

establishes availability of the bases for revocation of license, the stipulated in Article 20 Federal Laws "About Banks and Banking Activity";

develops actions for financial improvement of credit institution, will organize and controls their execution;

takes measures for ensuring safety of property and documentation of credit institution, including the property which is at credit institution in connection with implementation of professional activity by it in the security market in trust management, in connection with rendering services in agreements of storage and on other bases, and also documentation which is drawing up transactions of credit institution as the professional participant of the security market;

establishes creditors of credit institution and the sizes of their requirements for monetary commitments;

takes measures for debt collection before credit institution;

other functions according to the Federal Laws.

In case of identification of the bases for revocation of license, the stipulated in Article 20 Federal Laws "About Banks and Banking Activity", the temporary administration sends to the Bank of Russia, including to territorial office of the Bank of Russia, the petition for response at credit institution of the license according to the procedure and terms which are established by the regulation of the Bank of Russia determining procedure for initiation of response at credit institutions of licenses.

5.3. In case of suspension of powers of executive bodies of credit institution the head of temporary administration performs the powers specified in Item 4.3 of this provision and also:

performs the powers of the head of credit institution provided by constituent documents of credit institution;

acts on behalf of credit institution without power of attorney;

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