INSTRUCTION OF THE CENTRAL BANK OF RUSSIA 

of September 15, 2011 No. 137-I

About obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities and features of implementation by the Bank of Russia of supervision of their observance

Based on 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; 2003, N 2, Art. 157; N 52, of Art. 5032; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 25, 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; N 18, of Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, of Art. 4982; N 52, of the Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, of Art. 3629; N 48, of Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, of the Art. 3873), the Federal Law "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; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, Art. 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; N 52, of the Art. 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, of Art. 3233; 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; N 52, of Art. 5497; 2007, N 1, Art. 9; N 22, of Art. 2563; N 31, of Art. 4011; N 41, of Art. 4845; N 45, of Art. 5425; N 50, of Art. 6238; 2008, N 10, Art. 895; N 15, of Art. 1447; 2009, N 1, Art. 23; N 9, of Art. 1043; N 18, of Art. 2153; N 23, of Art. 2776; N 30, of Art. 3739; N 48, of Art. 5731; N 52, of Art. 6428; 2010, N 8, Art. 775: N 19, of Art. 2291; N 27, of Art. 3432; N 30, of Art. 4012; N 31, of Art. 4193; N 47, of Art. 6028; 2011, N 27, Art. 3873, Art. 3880; N 29, of the Art. 4291) 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 September 14, 2011 N 16) the Bank of Russia for the purpose of regulation (restriction) of the risks accepted by the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities (further - payment NPOs), establishes obligatory standard rates of payment NPOs (further - obligatory standard rates), their numerical values, calculation procedures and procedure for application by payment NPOs of this Instruction, and also feature of implementation by the Bank of Russia of supervision of observance of obligatory standard rates by payment NPOs.

Chapter 1. Obligatory standard rates of payment NPOs

1.1. This Instruction establishes the following obligatory standard rates of payment NPOs:

standard rate of sufficiency of own means (capital);

standard rate of liquidity.

1.2. When calculating obligatory standard rates payment NPOs shall implement Item 1.3 of the Instruction of the Bank of Russia of December 3, 2012 No. 139-I "About obligatory standard rates of banks", registered by the Ministry of Justice of the Russian Federation on December 13, 2012 No. 26104, on November 29, 2013 No. 30498 ("the Bulletin of the Bank of Russia" of December 21, 2012 No. 74, of November 30, 2013 No. 69) (further - the Instruction of the Bank of Russia No. 139-I).

The list of disaggregations of the codes used when calculating obligatory standard rates is given in appendix to this Instruction.

Chapter 2. Numerical values and method of calculation of obligatory standard rates

2.1. The standard rate of sufficiency of own means (capital) (H1.3) determined as the relation of own funds (capital) to the amount of obligations to clients for the last reporting date of quarter is calculated by formula:

where:

To - own means (capital) determined according to the Provision of the Bank of Russia of December 28, 2012 No. 395-P "About technique of determination of size of own means (capital) of credit institutions ("Basel III")", the registered Ministry of Justice of the Russian Federation on February 22, 2013 No. 27259, on November 29, 2013 No. 30499 ("the Bulletin of the Bank of Russia" of February 27, 2013 No. 11, of November 30, 2013 No. 69);

About - the total amount of obligations (liabilities) calculated as the amount of the account balances (regarding business bank accounts) grouped in code 8845.

Minimum admissible numerical value of the standard rate H1.1 for payment NPOs is established in the amount of 2 percent.

2.2. The norm of liquidity determined as the relation of the amount of quick assets completion date in the next 30 calendar days to the amount of obligations to clients on the last reporting date of quarter. The standard rate of liquidity (H15.1) is calculated by formula:

where:

* - the amount of quick assets which shall be received and (or) can be demanded in the next 30 calendar few days, and (or) are in case of need implemented in the next 30 calendar few days for the purpose of receipt of money in the specified terms. The indicator * is calculated as the amount of account balances (parts of the account balances) grouped in codes: 8840, 8841, 8842, 8843, 8844;

About - the total amount of obligations (liabilities) calculated as the amount of the account balances (regarding business bank accounts) grouped in code 8845.

Minimum admissible numerical value of the standard rate H15.1 for payment NPOs is established in the amount of 100 percent.

Measure calculation * joins remaining balance on the correspondent accounts opened in credit institutions, which according to the Provision of the Bank of Russia of March 20, 2006 N 283-P "About procedure for forming by credit institutions of reserves on possible losses", the registered Ministry of Justice of the Russian Federation on April 25, 2006 N 7741, on July 2, 2007 N 9739, on December 6, 2007 N 10639, on September 10, 2008 N 12260, on August 5, 2009 N 14477, on December 17, 2009 N 15670 ("the Bulletin of the Bank of Russia" of May 4, 2006 N 26, of July 11, 2007 N 39, of December 17, 2007 N 69, of September 17, 2008 N 49, of August 12, 2009 N 47, of December 28, 2009 N 77) (further - the Provision of the Bank of Russia N 283-P) belongs to I and II quality categories.

Assets of the II quality category join in measure calculation * less the reserve created according to the Provision of the Bank of Russia N 283-P.

Chapter 3. Procedure for application by payment NPOs of this Instruction

3.1. Payment NPOs shall observe the obligatory standard rates established by this Instruction daily.

Non-compliance with the obligatory standard rate violation of numerical value of this standard rate by payment NPO as of any operational day is recognized.

3.2. The payment NPO at which calculated as arithmetic average value the amount of obligations, average for half a year, to clients on money transfer without opening of bank accounts within a month exceeds 2 billion rubles quarterly as of the first, following reporting quarter, represents to the territorial office of the Bank of Russia exercising supervision of its activities, the reporting under forms 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409102 "The report on financial results", 0409115 "Information on quality of assets of credit institution", 0409123 "Calculation of own means (capital) ("Basel to III"), 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution", 0409202 "The report on cash money turnover", 0409250 "Data on transactions with use of payment cards and infrastructure, intended for making with use and without use of payment cards of transactions of issue (acceptance) of cash and payments for goods (works, services)", 0409601 "The operations statement with cash foreign currency and checks in foreign currency", 0409603 of "Data on the opened correspondent accounts and remaining balance of funds for them", the established 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 in the Central bank of the Russian Federation", the registered Ministry of Justice of the Russian Federation on December 16, 2009 N 15615, on June 18, 2010 N 17590, on December 22, 2010 N 19313, on June 20, 2011 N 21060 ("the Bulletin of the Bank of Russia" of December 25, 2009 N 75-76, of June 25, 2010 N 35, of December 28, 2010 N 72, of June 28, 2011 N 34) (further - the Instruction of the Bank of Russia N 2332-U).

The payment NPO at which calculated as arithmetic average value the amount of obligations, average for half a year, to clients on money transfer without opening of bank accounts within a month does not exceed 2 billion rubles time to half a year (as of July 1 and on January 1) represents to the territorial office of the Bank of Russia exercising supervision of its activities, the reporting under forms 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409102 "The report on financial results", 0409115 "Information on quality of assets of credit institution", 0409123 "Calculation of own means (capital) ("Basel to III"), 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution", 0409202 "The report on cash money turnover", 0409250 "Data on transactions with use of payment cards and infrastructure, intended for making with use and without use of payment cards of transactions of issue (acceptance) of cash and payments for goods (works, services)", 0409601 "Reports transactions with cash foreign currency and checks in foreign currency", 0409603 of "Data on the opened correspondent accounts and remaining balance of funds for them", the established Instruction of the Bank of Russia N 2332-U.

The payment NPO represents to territorial office of the Bank of Russia the reporting according to the Instruction of the Bank of Russia N 2332-U.

If based on Item 1.3 of the Instruction of the Bank of Russia No. 139-I the payment NPO makes changes to the calculation of the obligatory standard rate determined by this Instruction, such payment NPO along with the reporting under form 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution" represents the explanatory note with statement of the applied calculation of the standard rate.

3.3. The payment NPO upon the demand of the Bank of Russia or territorial office of the Bank of Russia exercising supervision of its activities shall represent data on calculation of obligatory standard rates and their values for any operational day (operational days) in form of the reporting 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution", and also in forms of the reporting 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409123 "Calculation of own means (capital) ("Basel to III"), the established Instruction of the Bank of Russia N 2332-U.

In case of presentation by the Bank of Russia or territorial office of the Bank of Russia of the requirement about representation of calculation of obligatory standard rates for any operational day (operational days) own means (capital), quick assets and size of reserves are calculated for settlement date of obligatory standard rates.

3.4. If the payment NPO violates the obligatory standard rate for any operational day (operational days), information on it with indication of the obligatory standard rate according to which violation of the numerical value established by this Instruction, and date (dates) for which (which) it was broken, it is represented to payment NPO as a part of the reporting under form 0409135 "Information on obligatory standard rates and on other indicators of activities of the credit institution" represented as of the first, following after month in which the payment NPO violated the obligatory standard rate is allowed.

3.5. Payment NPOs perfrom calculation of the obligatory standard rates established by this Instruction, as a percentage with one sign after comma (rounding to one decimal sign after comma is performed by mathematical rules).

Chapter 4. Features of implementation by the Bank of Russia of supervision of observance of obligatory standard rates by payment NPOs

4.1. The territorial office of the Bank of Russia exercises supervision of observance of obligatory standard rates by payment NPOs based on the following data:

data of the reporting under forms 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution", 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409123 "Calculation of own means (capital) ("Basel III");

the data obtained during the checks performed by the Bank of Russia (his authorized representatives) according to article 73 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)";

this to the reporting represented by payment NPOs for any operational day (operational days) in forms of the reporting 0409101 "The turnover sheet on accounts of financial accounting of credit institution", 0409123 "Calculation of own means (capital) ("Basel III"), 0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution".

4.2. The territorial office of the Bank of Russia can establish payment NPO according to its petition control values of obligatory standard rates in case of their violation (including predicted) according to the procedure, established by Chapter 11 of the Instruction of the Bank of Russia No. 139-I.

4.3. The Bank of Russia has the right to apply to payment NPO of measure, the stipulated in Article 74 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)", in case of non-compliance with the obligatory standard rate in total for 6 and more operational days during any 30 consecutive operational days.

Chapter 5. Final provisions

5.1. This Instruction is subject to official publication in "the Bulletin of the Bank of Russia" and becomes effective since September 29, 2011.

Appendix

to the Instruction of the Bank of Russia of September 15, 2011 No. 137-I "About obligatory standard rates of the non-bank credit institutions having the right to implementation of money transfers without opening of bank accounts and the related other banking activities and features of implementation by the Bank of Russia of supervision of their observance"

The list of disaggregations of the codes used when calculating the obligatory standard rate

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info