INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 4, 2013 No. 2976-U

About modification of the Provision of the Bank of Russia of November 12, 2007 No. 312-P "About procedure for provision by the Bank of Russia to credit institutions of the credits provided with assets or guarantees"

1. Bring in the Provision of the Bank of Russia of November 12, 2007 No. 312-P "About procedure for provision by the Bank of Russia to credit institutions of the credits provided with assets or guarantees", registered by the Ministry of Justice of the Russian Federation on December 10, 2007 No. 10658, on June 25, 2008 No. 11875, on October 7, 2008 No. 12405, on October 15, 2008 No. 12457, on October 24, 2008 No. 12520, on January 14, 2009 No. 13069, on September 8, 2009 No. 14730, on March 13, 2012 No. 23460, on August 17, 2012 No. 25208 ("the Bulletin of the Bank of Russia" of December 17, 2007 No. 69, of July 2, 2008 No. 35, of October 17, 2008 No. 58, of October 27, 2008 No. 60, of January 21, 2009 No. 4, of September 16, 2009 No. 54, of March 21, 2012 No. 15, of August 29, 2012 No. 51), the following changes.

1.1. The paragraph one of Item 3.1 to state in the following edition:

"3.1. The assets provided by banks in providing the credits of the Bank of Russia are bills of exchange and (or) rights to claim according to credit agreements and (or) the bonds corresponding to the criteria established by this Provision.".

1.2. In subitem 3.2.3 of Item 3.2:

the paragraph one after the words "established by the Bank of Russia" to add with words "and published in "the Bulletin of the Bank of Russia";

in the paragraph the second the words "the last their weighted average price calculated by the stock exchange determined by the Bank of Russia, known for the beginning of day of loan granting of the Bank of Russia provided with the corresponding bonds (information on the stock exchange determined by the Bank of Russia is published in " the Bulletin of the Bank of Russia ")" shall be replaced with words "their market value calculated according to the procedure, established by the Bank of Russia and published in "the Bulletin of the Bank of Russia", on the date of loan granting of the Bank of Russia, and for the bonds selected as a deposit on the credit of the Bank of Russia during the procedure of replacement (representation additional) providing, - on the date of origin at the Bank of Russia of the right of pledge to the specified bonds";

the fifth to state the paragraph in the following edition:

"on the date of origin at the Bank of Russia of the right of pledge to bills of exchange (rights to claim according to the credit agreement) - during finding of the bill of exchange (right to claim according to the credit agreement) in pledge on the credit of the Bank of Russia.";

the third offer of the paragraph of the sixth to exclude;

add with paragraphs of the following content:

"The specified control is exercised using:

documentary confirmed up-to-date information about compliance of assets to the criteria established by this Provision;

for bills of exchange and rights to claim according to credit agreements - their cost determined according to the procedure, established by this Provision, and the sizes of the correction coefficients established by the Bank of Russia for date of implementation of the specified control if the Bank of Russia does not establish other;

for bonds - their market value determined according to the procedure, established by the Bank of Russia and published in "the Bulletin of the Bank of Russia", for date of origin at the Bank of Russia of the right of pledge to the specified bonds (in case of control of accomplishment of conditions of security of the credits of the Bank of Russia, except intra overnight credits and the credits overnight) or for date of establishment of limit of intra overnight credit and credit overnight (in case of control of accomplishment of conditions of security of intra overnight credits), and also the sizes of the correction coefficients established by the Bank of Russia for the corresponding dates.

In case of control of accomplishment of conditions of security of the credits of the Bank of Russia the cost of separate assets corrected on the correction coefficients established by the Bank of Russia is determined in rubles and kopeks without rounding by mathematical rules. The total cost of the assets which are selected in pledge (being in pledge), corrected on the correction coefficients established by the Bank of Russia is calculated in rubles and kopeks with rounding by mathematical rules.".

1.3. The paragraph the fifth Item 3.2 (to add 1) with words ", and the right of bank to receipt of the credits of the Bank of Russia provided with guarantees of the relevant bank guarantor is not suspended.".

1.4. To state subitem 3.5.1 of Item 3.5 in the following edition:

"3.5.1. the credit agreement is signed with compliance with law of the Russian Federation, and the right applicable to the specified agreement, Russian law is if other is not established by the Bank of Russia; obligations to borrowing bank according to the specified credit agreement arise at the organization - resident of the Russian Federation;".

1.5. Add Item 3.7 with subitem 3.7.3 of the following content:

"3.7.3. on bond issue by the Bank of Russia the correction coefficient applied to adjustment of market value of bonds of the corresponding release other than zero is established.".

1.6. In appendix 1:

in Item 2.2 of the word "1 working day" shall be replaced with words "1 calendar day";

add with Item 3.3.1 and the note 1 to Item 3.3.1 of the following content:

"3.3.1. The structure of the assets accepted in providing the credits of the Bank of Russia joins the bonds conforming to requirements, the stipulated in Item 3.7 Provisions considered:

 
при  кредитовании  по  основному  счету   №____________  -  в  разделе
"Блокировано  Банком   России"   №___________________  счета   депо  Банка
№_____________, открытого в _________________________________. <1>
                             (полное или сокращенное фирменное
                                 наименование Депозитария) 

--------------------------------

<1> This Item joins in the general credit agreement only in case of observance of procedure for its inclusion in the general credit agreement established by the Provision. The paragraph two of this Item joins in the general credit agreement necessary number of times depending on the number of key accounts into which the loans provided with bonds according to the Provision are granted.";

Item 3.5 after words "stipulated in Item 3.6 Provisions, first of all is performed selection of assets," to add with words "the obliged person on which the Russian Federation, the subject of the Russian Federation or the municipality, and also assets is";

add with Item 3.5.1 of the following content:

"3.5.1. The bank agrees that the pledge subject assessment specified in the Notice and the notification on change of structure of subject of pledge on the credit of the Bank of Russia is performed proceeding from asset cost, pledged, determined according to the procedure, established by the Bank of Russia and published in "the Bulletin of the Bank of Russia", and also the correction coefficients established by the Bank of Russia and published in "the Bulletin of the Bank of Russia".";

state Item 3.8 in the following edition:

"3.8. The bank agrees with the right of the Bank of Russia at discretion to choose one or several methods of the address of collection on the assets which are in pledge on the loans of the Bank of Russia granted according to this agreement in case of non-execution (improper execution) of obligations by Bank on the specified credits.";

in Item 4.3:

the paragraph one after the words "on the credit of the Bank of Russia" to add with words "(in the corresponding part)";

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