INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 8, 2010 No. 2395-U

About the list of the data and documents necessary for implementation of state registration of credit institution in connection with its liquidation, and also procedure for their submission to the Bank of Russia

This Instruction according to article 4 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, the Art. 5731) and article 23 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; No. 15, Art. 1447; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, of the Art. 6428) establishes the list of the data and documents necessary for implementation of state registration of credit institution in connection with its liquidation, and also procedure for their submission to the Bank of Russia.

1. For implementation of state registration of credit institution in connection with its liquidation the receiver (the liquidator, liquidation commission), and in cases when powers of the receiver (liquidator) are performed by the "Deposit Insurance Agency" state corporation (further - the Agency), the representative of the Agency (further - the body performing liquidation) shall provide to the Bank of Russia (territorial office of the Bank of Russia in the location of the liquidated credit institution) the following documents:

the liquidation balance sheet with the documents provided by paragraphs the second - the sixth Item 3.4 of the Provision of the Bank of Russia of June 15, 2017 No. 588-P "About procedure for creation of the interim liquidation balance sheet and liquidation balance sheet of the liquidated credit institution for their approval of the Bank of Russia", No. 47936 registered by the Ministry of Justice of the Russian Federation on August 24, 2017;

the reference of division of settlement network of the Bank of Russia servicing branch of the liquidated credit institution, confirming closing of correspondent sub-account of branch of the liquidated credit institution, and the statement from correspondent sub-account of branch of the liquidated credit institution confirming transfer of balances in cash from correspondent sub-account of branch of the liquidated credit institution on correspondent account of the liquidated credit institution;

the reference of territorial office of the Bank of Russia confirming closing of correspondent account of the liquidated credit institution;

the certificate of account termination of the liquidated credit institution, opened in the Agency, in case when powers of the receiver (liquidator) are performed by the Agency;

the statement (notification) of the liquidator (the chairman of liquidation commission, the representative of the Agency) for liquidation of the legal entity in the form established by appendix 5 to the order of the Federal Tax Service of August 31, 2020 No. ED-7-14/617 @ "About approval of the forms and requirements to document creation represented to registering body in case of state registration of legal entities, individual entrepreneurs and peasant farms", to No. registered by the Ministry of Justice of the Russian Federation on September 15, 2020 59872, on December 31, 2020 to No. 62020, except for of credit institutions concerning which the Arbitration Court takes out determination about completion of bankruptcy proceedings;

paragraph of the seventh ceased to be valid

the document confirming submission to territorial authority of the Pension Fund of the Russian Federation of data according to subitems 1 - the 8th Item 2 of Article 6 and Item 2 of article 11 of the Federal Law of April 1, 1996 No. 27-FZ "About the individual (personified) accounting in system of mandatory pension insurance" (The Russian Federation Code, 1996, No. 14, Art. 1401; 2001, No. 44, Art. 4149; 2003, No. 1, Art. 13; 2005, No. 19, Art. 1755; 2007, No. 30, Art. 3754; 2008, No. 18, Art. 1942; No. 30, Art. 3616; 2009, N 30, Art. 3739; No. 52, the Art. 6417, the Art. 6454) and according to part 4 of article 9 of the Federal Law of April 30, 2008 No. 56-FZ "About additional insurance premiums for funded portion of work pension and the state support of forming of pension accruals" (The Russian Federation Code, 2008, No. 18, the Art. 1943), except for credit institutions concerning which the Arbitration Court takes out determination about completion of bankruptcy proceedings;

the act or other document on transfer to the Public or municipal Records Office of the archive documents formed in the course of activities of credit institution and included in structure of Archive fund of the Russian Federation, documents on staff and also archive documents which terms of temporary storage did not expire. In case of loss of the specified documents the act of complete or partial loss of the relevant documents is submitted;

the act or other document on destruction of seals of credit institution if seals were not transferred to territorial office of the Bank of Russia, and also the act or other document on destruction of the seal of the body performing liquidation, containing the name of the liquidated credit institution;

the message of the body performing liquidation on closing of bank accounts (on appendix form to this Instruction).

The documents submitted by the body performing liquidation according to this Instruction go to the Bank of Russia (territorial office of the Bank of Russia in the location of the liquidated credit institution) in the form of the electronic documents signed by the strengthened qualified digital signature of the body performing liquidation, according to the procedure, No. 5361-U established by the Instruction of the Bank of Russia of December 19, 2019 "About order of interaction of the Bank of Russia with credit institutions, not credit financial credit institutions and other participants of information exchange when using by them of information resources of the Bank of Russia, including personal account", the registered Ministry of Justice of the Russian Federation on March 4, 2020 No. 57659, on November 12, 2020 No. 60878 (further - the Instruction of the Bank of Russia No. 5361-U).

In case of lack of technical capability for the direction of documents according to the procedure, established by the Instruction of the Bank of Russia No. 5361-U, they are represented on paper.

2. The documents listed in paragraphs three - the eleventh Item of 1 this Instruction, are represented by the body performing liquidation to the following terms:

the receiver - in 30-days time from the date of removal of determination by Arbitration Court about completion of bankruptcy proceedings;

the liquidator appointed by Arbitration Court - in ten-day time from the date of removal of determination by Arbitration Court about approval of the report of the liquidator of credit institution on results of liquidation and completion of liquidation of credit institution;

liquidation commission (liquidator), the appointed founders (participants) of the liquidated credit institution, - in ten-day time from the date of approval in accordance with the established procedure the liquidation balance sheet.

3. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 09.01.2018 No. 4681-U

4. In addition to the documents specified in Item of 1 this Instruction, the body performing liquidation submits within the terms specified in Item 2 presents of the Instruction, additional documents depending on liquidation type:

in case of bankruptcy of credit institution are represented the copy of the decision of Arbitration Court on recognition of credit institution by the bankrupt and about opening of bankruptcy proceedings, and also the copy of the arbitration court ruling about completion of bankruptcy proceedings;

in case of liquidation of credit institution according to the decision of Arbitration Court (further - involuntary liquidation) are represented the copy of the decision of Arbitration Court on liquidation of credit institution and appointment of the liquidator, and also the copy of the arbitration court ruling about approval of the report of the liquidator of credit institution on results of liquidation and completion of liquidation of credit institution;

in case of liquidation of credit institution according to the decision of her founders (participants) (further - voluntary liquidation) the decision (the protocol of general meeting) of founders (participants) of credit institution on liquidation of credit institution and the decision (the protocol of general meeting) of founders (participants) of credit institution on approval of the liquidation balance sheet are represented.

5. The territorial office of the Bank of Russia within ten working days from the date of obtaining from the body performing liquidation, the documents provided by Items 1 and 4 of this Instruction sends to the Bank of Russia (Department of the admission and termination of activities of the financial organizations of the Bank of Russia) the conclusion about results of work of the body performing liquidation (further - the conclusion).

6. Shall be in prison:

full trade name and the reduced trade name of the liquidated credit institution, its registration number assigned by the Bank of Russia and also information on change of type of liquidation, replacement of receivers (liquidators), conflict situations during the liquidating procedures, violations from the body performing liquidation, the reasons of non-compliance with terms of liquidation and about other features of liquidation of credit institution;

data on the amount of the established and met requirements of creditors for each queue of the register of requirements of the creditors taking into account (disaggregation) of the amounts paid according to the procedure of implementation of preliminary payments, the data about the established and met requirements of the Bank of Russia which arose in connection with implementation of payments of the Bank of Russia for household deposits in the banks declared bankrupt which are not participating in system of compulsory deposit insurance of physical persons in banks of the Russian Federation, and also the data about the established and met requirements of creditors, including requirements of the Bank of Russia declared after closing of the register of requirements of creditors;

information on the measures taken by the body performing liquidation, on collection (realization) of property (assets) of credit institution with indication of the amounts of the revealed, collected (realized) and discarded property for the entire period of liquidation, and also information on legitimacy of write-off of property (assets) of credit institution;

information on absence or availability of debt to the Bank of Russia with indication of the size of this debt (including on the credits obtained from the Bank of Russia and percent on them, other debt) with indication of numbers of balance and off-balance sheet accounts on which the corresponding amounts in the liquidation balance sheet are considered;

data on the amount of unspecified and unsatisfied requirements of the Bank of Russia on the reasons of leaving of requirements of the Bank of Russia without satisfaction, and also about measures for debt collection before the Bank of Russia, registered for credit institution;

in the presence of discrepancies between the debt to the Bank of Russia which is registered according to accounting of the Bank of Russia, and the debt to the Bank of Russia reflected in the liquidation balance sheet of credit institution, information on the reasons of these discrepancies and measures taken on their elimination;

data on the size of the money spent by temporary administration on management of credit institution and also on expenses of the body performing liquidation, the liquidating procedures connected with implementation;

in the presence of the property which remained after satisfaction of requirements of creditors - information on total cost and structure of the specified property, procedure for its transfer to founders (participants) for the liquidated credit institution and (or) to other persons (with indication of the shares received by them) or about different way of the order the specified property;

in case of voluntary liquidation - information on dates of submission on approval to territorial office of the Bank of Russia and approval by territorial office of the Bank of Russia of the interim liquidation balance sheet and liquidation balance sheet, and also about approval dates of the interim liquidation balance sheet and liquidation balance sheet general meeting of founders (participants) of credit institution;

in case of involuntary liquidation - information on dates of consideration of the interim liquidation balance sheet on creditor meeting and (or) on committee meeting of creditors of credit institution, submission of the interim liquidation balance sheet on approval in territorial office of the Bank of Russia and approval of the interim liquidation balance sheet by territorial office of the Bank of Russia, and also about dates of submission on approval of the liquidation balance sheet to territorial office of the Bank of Russia, approval of the liquidation balance sheet by territorial office of the Bank of Russia and consideration of the liquidation balance sheet creditor meeting and (or) committee meeting of creditors of credit institution;

in case of bankruptcy of credit institution - information on dates of submission on approval to territorial office of the Bank of Russia and approval by territorial office of the Bank of Russia of the interim liquidation balance sheet and liquidation balance sheet;

data on unexecuted judgments or on availability of unexecuted instructions of the Bank of Russia on collection from the liquidated credit institution of penalties, including for violation of mandatory reserve requirements, information on which is sent to the relevant territorial tax authority for the purpose of presentation of the specified requirements by tax authority to the receiver (to the liquidator, liquidation commission).

7. Are applied to the conclusion:

the documents received from the body performing liquidation according to Items 1 and 4 of this Instruction;

paragraph third ceased to be valid

copies of the court resolutions, actions for declaration, claims, letters, other documents testimonial of acceptance by territorial office of the Bank of Russia of the measures for collection of the available debt of credit institution to the Bank of Russia including published (shown, directed) during the period to response (cancellation) at credit institution of the license (licenses) for banking operations.

8. Documents, not stipulated in Item 7 these Instructions, go territorial office of the Bank of Russia to Department of the admission and termination of activities of the financial organizations of the Bank of Russia only at the request of the specified Department.

9. Before representation for the signature of the draft of the order of the Bank of Russia on state registration of credit institution in connection with its liquidation represents to the First Deputy Chairman of the Bank of Russia who is directly coordinating and controlling work of Department of the admission and the termination of activities of the financial organizations of the Bank of Russia, or person, replacing it, territorial office of the Bank of Russia at the request of Department of the admission and the termination of activities of the financial organizations of the Bank of Russia directed for possible identification of the circumstances which arose during consideration of the conclusion and interfering state registration of credit institution in connection with its liquidation confirmation of the conclusion in any written form, drawn about the claims of creditors which arrived during consideration the conclusions in the Bank of Russia, reports about other circumstances important for comprehensive and complete assessment of activities of the body performing liquidation and also represents copies of letters of territorial office of the Bank of Russia to law enforcement and judicial authorities on the questions concerning liquidation of this credit institution.

10. In case of non-presentation in territorial office of the Bank of Russia by the body performing liquidation, documents (part of the documents) listed in Items 1 and 4 of this Instruction, territorial office of the Bank of Russia no later than ten working days from the date of the expiration of terms, the stipulated in Item 2 presents of the Instruction the conclusion, stipulated in Item 5 these Instructions in which absence reasons of the specified documents, and also the measures taken by territorial office of the Bank of Russia for their obtaining (the direction of letters to the body performing liquidation, the appeal to Arbitration Court and other measures) with appendix of confirmatory materials are specified sends to the Bank of Russia.

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

12. From the date of entry into force of this Instruction to declare invalid the Instruction of the Bank of Russia of January 21, 2003 No. 1241-U "About the list of the data and documents necessary for implementation of state registration of credit institution in connection with its liquidation, and procedure for their submission to the Bank of Russia", registered by the Ministry of Justice of the Russian Federation on March 13, 2003 No. 4257 ("the Bulletin of the Bank of Russia" of April 9, 2003 No. 19).

Appendix

to the Instruction of the Central Bank of Russia of February 8, 2010 No. 2395-U "About the list of the data and documents necessary for implementation of state registration of credit institution in connection with its liquidation, and also procedure for their submission to the Bank of Russia"

The message of the body performing liquidation on closing of bank accounts

   The body performing liquidation of credit institution ________________

___________________________________________________________________________

   (full trade name of credit institution in compliance

                   with the Charter of credit institution)

(registration number of credit institution,

earlier appropriated by the Bank of Russia in case of registration

the created legal entity ____________________________________________

postal address of credit institution ______________________________________

BIC of credit institution _________________________________________________

INN of credit institution _________________________________________________

Check point of credit institution _________________________________________________

PSRN of credit institution ______________________________________________),

reports that after entering into the unified state register of legal

persons of record about state registration in connection with liquidation ____________

___________________________________________________________________________

   (full trade name of credit institution in compliance

                    with the Charter of credit institution)

all  bank  accounts    which are not closed  during bankruptcy proceedings

(liquidations), are considered as closed.

Receiver (liquidator,

chairman of liquidation commission,

representative of the Agency)             ______________ M.P. _________________

                                     Personal signature     Initials, surname

"__" ______________ 20 __ years

 

 

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