PROVISION OF THE CENTRAL BANK OF RUSSIA

of June 19, 2009 No. 338-P

About procedure and criteria for evaluation of financial position of physical persons of founders (participants) of credit institution

This Provision according to Articles 11, 14 and 16 Federal Laws "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 N 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 1999, N 28, Art. 3469; 2001, N 26, Art. 2586; 2002, N 12, Art. 1093; 2004, N 27, Art. 2711; 2006, N 19, Art. 2061; 2007, N 1, Art. 9; 2009, N 9, the Art. 1043) and article 61 of the Federal Law of July 10, 2002 N 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, Art. 2790; 2007, N 1, the Art. 9) establishes procedure and criteria for evaluation of financial position of physical persons - founders (participants) of credit institution.

Chapter 1. General provisions

1.1. Assessment of financial position of physical face which solely or as a part of group of the legal and (or) physical persons connected among themselves by the agreement (further - group of persons), is become the founder (participant) of the credit institution created by organization or in addition acquires shares (shares) of credit institution, or the physical person which provided the petition for assessment of financial position for the purpose of acquisition by the legal entity of shares (shares) of credit institution according to Chapter 2 this provision is performed for the purpose of establishment:

a) sufficiency of own means (property) of physical person for share acquisition (shares) of credit institution for the purpose of control of lack of the facts of share acquisition (shares) of credit institution at the expense of the raised funds;

b) lack of the bases for refusal in share acquisition (shares) of credit institution in connection with unsatisfactory financial position of physical person.

Assessment of financial position of the physical person receiving shares (shares) of credit institution in trust management, for the purpose of, established by this Provision, is not carried out.

The financial position of physical person is recognized satisfactory if own means (property) of physical person are enough for share acquisition (shares) of credit institution and there are no other bases, stipulated by the legislation the Russian Federation for recognition of its financial position unsatisfactory.

1.2. Receipt of prior consent of the Bank of Russia to acquisition and (or) obtaining in trust management of shares (shares) of credit institution as a result of the conclusion of one or several transactions of one physical person or group of persons is performed according to the Instruction of the Bank of Russia of February 21, 2007 N 130-I "About procedure for receipt of prior consent of the Bank of Russia to acquisition and (or) obtaining in trust management of shares (shares) of credit institution", registered by the Ministry of Justice of the Russian Federation on March 14, 2007 N 9098 ("the Bulletin of the Bank of Russia" of March 28, 2007 N 16) (further - the Instruction of the Bank of Russia N 130-I).

1.3. Assessment of financial position of physical person is carried out by territorial office of the Bank of Russia in the relation:

a) the physical person - the founder of the credit institution created by organization (irrespective of the size of the acquired shares (shares);

b) physical person which solely or as a part of group of persons petitions for receipt of prior consent of the Bank of Russia according to the Instruction of the Bank of Russia N 130-I;

c) physical person in case of acquisition by it more than one percent of shares (shares) of credit institution (taking into account earlier acquired) in case of increase in the authorized capital of credit institution, and also in case of realization of the shares acquired at participants by credit institution in the form of limited liability company or additional liability company if in the specified cases there is no conclusion of credit institution about compliance of financial position of physical person to the requirements established by this Provision in case, stipulated in Item 1.4 this provision (daleezaklyucheniye of credit institution);

d) physical persons, which according to the Provision of the Bank of Russia of July 20, 2007 N 307-P "About procedure for accounting and submission of information on affiliates of credit institutions", the registered Ministry of Justice of the Russian Federation on August 28, 2007 N 10061 ("the Bulletin of the Bank of Russia" of September 10, 2007 N 52), are affiliates of credit institution, acquiring shares (shares) in case of increase in its authorized capital (irrespective of the size of the acquired shares (shares) (daleeaffilirovanny persons of credit institution);

e) physical person in case of acquisition to one percent of shares (shares) of credit institution (inclusive) (taking into account earlier acquired) if in case of increase in the authorized capital of credit institution the cost of the acquired shares or contribution cost (additional contribution) exceeds 10 000 000 rubles and there is no conclusion of credit institution.

1.3.1. In this Provision share value of the credit institution operating in the form of joint-stock company is calculated proceeding from the price of placement (realization) of one share and the number of shares.

1.3.2. Assessment of financial position of the nonresident who solely or as a part of group of persons has (will have taking into account the forthcoming transaction) the right directly or indirectly (through the third parties) to dispose of more than 20 percent of shares (share) of credit institution (taking into account acquired), and also other persons constituting group of persons which part such nonresident is in cases when assessment of financial position is necessary according to requirements of this provision is performed by Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia.

1.4. Assessment of financial position of the physical persons specified in subitems "v" and "d" of Item 1.3 of this provision in case of acquisition by them to five percent of shares (shares) of credit institution (inclusive) (taking into account earlier acquired) can be performed by credit institution independently according to the procedure established by this Provision and the internal document of credit institution.

In this case in territorial office of the Bank of Russia the conclusion of credit institution is submitted. Documents based on which the credit institution performed assessment of financial position of physical person are not represented to territorial office of the Bank of Russia (except as specified submissions of these documents according to Item 7.5 of this provision), and assessment of financial position of physical person territorial office of the Bank of Russia is not carried out.

1.5. Assessment of financial position of physical person is not carried out:

1.5.1. in case of acquisition of one percent and less shares (shares) of credit institution (taking into account earlier acquired), except for the following cases:

a) share placings (introduction of deposits to the authorized capital) of credit institution under its organization;

b) if the physical person is included into group of persons which petitions for receipt of prior consent of the Bank of Russia according to the Instruction of the Bank of Russia N 130-I;

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