INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 3, 2012 No. 2919-U

About quality evaluation of management of the credit institution performing functions of the central partner

This Instruction based on Articles 62, 72 Federal Laws 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, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, the Art. 4, the Art. 37) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), 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; 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, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, the Art. 37) (further - the Federal Law "About Banks and Banking Activity"), the Federal Law of February 7, 2011 No. 7-FZ "About clearing and clearing activities" (The Russian Federation Code, 2011, No. 7, Art. 904; No. 48, Art. 6728; No. 49, Art. 7040, Art. 7061; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4084; 2014, No. 11, the Art. 1098) (further - the Federal Law "About Clearing and Clearing Activities") establishes evaluation procedure of quality of management of the credit institution performing functions of the central partner (further - the Central Committee), based on the petition of the Central Committee for recognition of quality of management satisfactory for the purpose of application by credit institutions - participants of clearing concerning their requirements to the Central Committee which quality of management acknowledged satisfactory, the approaches provided by 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, on June 18, 2014 No. 32735, on October 20, 2014 No. 34362, on December 11, 2014 No. 35134, on December 24, 2014 No. 35372, on December 29, 2014 No. 35453, on February 20, 2015 No. 36180 ("the Bulletin of the Bank of Russia" of December 21, 2012 No. 74, of November 30, 2013 No. 69, of July 9, 2014 No. 63, of October 23, 2014 No. 99, of December 22, 2014 No. 112, of December 31, 2014 No. 117 - 118, of March 4, 2015 No. 17) (further - the Instruction of the Bank of Russia No. 139-I).

1. The Central Committee sends to the Bank of Russia the petition for recognition of quality of management of the Central Committee satisfactory (further - the petition of the Central Committee) on appendix form 2 to this Instruction. Results of the internal quality evaluation of management of the Central Committee performed based on the technique given in appendix 1 to this Instruction are applied to the petition of the Central Committee.

2. For recognition of quality of management of the Central Committee satisfactory the Bank of Russia performs quality evaluation of management of the Central Committee according to the technique given in appendix 1 to this Instruction.

3. During implementation of quality evaluation of management of the Central Committee the Bank of Russia:

considers results of internal quality evaluation of management of the Central Committee;

if necessary requests from the Central Committee additional documents and (or) information with indication of in request of terms of their representation and (or) will organize meetings with authorized representatives of the Central Committee.

4. By results of quality evaluation of management of the Central Committee the Bank of Russia makes the decision on recognition of quality of management of the Central Committee satisfactory or on refusal in satisfaction of the petition of the Central Committee.

5. The term of quality evaluation of management of the Central Committee and decision making by the Bank of Russia about recognition of quality of management of the Central Committee satisfactory or about refusal in satisfaction of the petition of the Central Committee cannot exceed three months from the date of receipt of the petition of the Central Committee by the Bank of Russia.

6. In case of adoption by the Bank of Russia of the decision on recognition of quality of management of the Central Committee satisfactory the Bank of Russia in writing informs the Central Committee on the made decision no later than three working days from acceptance date of such decision in time.

7. The Bank of Russia posts on the official site of the Bank of Russia on the Internet, and also publishes in "the Bulletin of the Bank of Russia" information on the Central Committee on which the Bank of Russia makes the decision on recognition of quality of management of the Central Committee satisfactory, with indication of acceptance date of such decision, in time, not exceeding 10 working days from the date of adoption of such decision.

8. The Bank of Russia makes the decision on refusal in satisfaction of the petition of the Central Committee on the following bases:

availability in the Central Committees submitted the petition and (or) documents and (or) information of unreliable or incomplete information;

discrepancy of quality of management of the Central Committee to assessment is "satisfactory";

discrepancy of the constituent document of the Central Committee to requirements of the legislation of the Russian Federation;

refusal of the Central Committee of submission of additional documents and (or) information according to Item 3 presents of the Instruction.

9. In case of adoption by the Bank of Russia of the decision on refusal in satisfaction of the petition of the Central Committee the Bank of Russia in writing informs the Central Committee on the made decision with indication of the refusal bases no later than three working days from acceptance date of such decision in time.

10. The petition of the Central Committee which is repeatedly provided to the Bank of Russia is considered again arrived and is considered according to the procedure, established by Items 2 - 9 these Instructions.

11. The Central Committee on which the Bank of Russia makes the decision on recognition of quality of management of the Central Committee satisfactory shall provide quality of management of the Central Committee at the level corresponding to assessment is "satisfactory", and for confirmation of conformity of quality of management of the Central Committee "well" to represent to assessment to the Bank of Russia:

results of the internal quality evaluation of management of the Central Committee performed based on the technique given in appendix 1 to this Instruction on annual basis - no later than three months before date, the corresponding date of originally made decision on recognition of quality of management of the Central Committee satisfactory;

data on the planned changes in activities of the Central Committee concerning quality of management of the Central Committee with the description of corresponding changes and their influences on indicators of quality of management of the Central Committee - no later than one month before their enforcement;

data on the made changes in the internal documents and agreements concerning quality of management of the Central Committee - no later than 15 working days from the date of introduction (approval and (or) registration) changes with appendix of the specified documents;

data on the planned changes in activities of the Central Committee concerning quality of management of the Central Committee the current calendar year - no later than February 1 of the current calendar year;

the report on the happened changes in activities of the Central Committee concerning quality of management of the Central Committee for the previous calendar year - no later than February 15 of the current calendar year;

data on calculation of coefficients of credit risk, market risk, liquidity risk according to the technique given in appendix 1 to this Instruction as of the first day of every month - no later than the 5th working day of the month following for reporting.

The Central Committee on which the Bank of Russia makes the decision on recognition of quality of management of the Central Committee satisfactory shall provide upon the demand of the Bank of Russia the information on calculation of coefficients of credit risk, market risk, liquidity risk and their values for intra monthly date (dates) in the time established by the Bank of Russia.

12. The Bank of Russia performs quality evaluation of management of the Central Committee on which the decision on recognition of quality of management of the Central Committee satisfactory is made, with frequency at least once in two years for confirmation of conformity of quality of management of the Central Committee to assessment is "satisfactory".

13. During implementation of quality evaluation of management of the Central Committee for confirmation of conformity of quality of management of the Central Committee to assessment "well" the Bank of Russia:

considers the documents and data listed in Item 11 of this Instruction;

if necessary requests from the Central Committee additional documents and (or) data with indication of in request of terms of their representation and (or) will organize meetings with authorized representatives of the Central Committee.

In case of identification of the facts of discrepancy of quality of management of the Central Committee on which the Bank of Russia makes the decision on recognition of quality of management of the Central Committee satisfactory the Bank of Russia has the right to direct written information to the Central Committee with the recommendation to eliminate the facts of discrepancy of quality of management of the Central Committee with indication of terms of their elimination.

14. The Bank of Russia has the right to make the decision on withdrawal of the decision on recognition of quality of management of the Central Committee satisfactory if the Bank of Russia reveals discrepancy of quality of management of the Central Committee to assessment "well" and recommendations of elimination of the facts of discrepancy of quality of management of the Central Committee to assessment are "well" not performed at the scheduled time, and also in case of non-presentation or untimely representation of the Central Committee of the documents and data listed in Item 11 of this Instruction.

15. In case of adoption by the Bank of Russia of the decision on withdrawal of the decision on recognition of quality of management of the Central Committee satisfactory the Bank of Russia in writing informs the Central Committee on the made decision with indication of the response bases no later than three working days from acceptance date of such decision in time.

16. The Bank of Russia posts on the official site of the Bank of Russia on the Internet, and also publishes in "the Bulletin of the Bank of Russia" information on the Central Committee on which the Bank of Russia makes the decision on withdrawal of the decision on recognition of quality of management of the Central Committee satisfactory, with indication of acceptance date of such decision in time, not exceeding 10 working days from the date of adoption of such decision.

16.1. Features of use of ratings of creditworthness for the purpose of application of this Instruction can be established by other regulations of the Bank of Russia.

17. This Instruction is subject to official publication in "the Bulletin of the Bank of Russia" 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 No. 23) become effective of 30.11.2012 since January 1, 2013.

Appendices 1

to the Instruction of the Bank of Russia of December 3, 2012 No. 2919-U "About quality evaluation of management of the credit institution performing functions of the central partner"

see Appendices 1 (55Kb In original language)

Appendices 2

to the Instruction of the Bank of Russia of December 3, 2012 No. 2919-U "About quality evaluation of management of the credit institution performing functions of the central partner"

see Appendices 2 (53Kb In original language)

Appendices 3

to the Instruction of the Bank of Russia of December 3, 2012 No. 2919-U "About quality evaluation of management of the credit institution performing functions of the central partner"

Mark assessment of indicators of credit risk, market risk, liquidity risk, operational risk of the Central Committee

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