INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 1, 2014 No. 3222-U

About procedure for adoption by the Bank of Russia of the decision on receipt of the status of bank by non-bank credit institution

This Instruction according to the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" (The Russian Federation Code, 2001, No. 33, Art. 3431; 2003, No. 26, Art. 2565; No. 50, Art. 4855; No. 52, Art. 5037; 2004, No. 45, Art. 4377; 2005, No. 27, Art. 2722; 2007, No. 7, Art. 834; No. 30, Art. 3754; No. 49, Art. 6079; 2008, No. 18, Art. 1942; No. 30, Art. 3616; 2009, No. 1, Art. 19, Art. 20, Art. 23; No. 29, Art. 3642; No. 52, Art. 6428; 2010, No. 21, Art. 2526; No. 31, Art. 4196; No. 49, Art. 6409; No. 52, Art. 7002; 2011, No. 27, Art. 3880; No. 30, Art. 4576; No. 49, Art. 7061; 2012, No. 14, Art. 1553; No. 31, Art. 4322; No. 53, Art. 7607; 2013, No. 26, Art. 3207; No. 30, Art. 4084; No. 44, Art. 5633; No. 51, the Art. 6699) (further - the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs"), 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, 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, the Art. 6336) (further - the Federal Law "About Banks and Banking Activity"), 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, 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. 52, of the Art. 6975) establishes procedure for adoption by the Bank of Russia of the decision on receipt of the status of bank by non-bank credit institution.

1. Obtaining by non-bank credit institution (further - credit institution) the status of bank perhaps on condition of observance of requirements by credit institution:

to the size of own means (capital), the stipulated in Clause 11.2 Federal Laws "About Banks and Banking Activity" or article 36 of the Federal law "About Banks and Banking Activity" if the credit institution at the same time with the status of bank assumes to acquire the right to attraction in deposits of money of physical persons;

established by Chapter 13 of the Instruction of the Bank of Russia of April 2, 2010 No. 135-I "About procedure for adoption by the Bank of Russia of the decision on the state registration of credit institutions and issue of licenses for banking operations" registered by the Ministry of Justice of the Russian Federation on April 22, 2010 No. 16965, on December 17, 2010 No. 19217, on June 15, 2011 No. 21033, on September 22, 2011 No. 21869, on December 16, 2011 No. 22645, on November 5, 2013 No. 30308, on December 25, 2013 No. 30818 ("the Bulletin of the Bank of Russia" of April 30, 2010 No. 23, of December 30, 2010 No. 73, of June 22, 2011 No. 33, of September 28, 2011 No. 54, of December 21, 2011 No. 72, of November 13, 2013 No. 61, of January 20, 2014 No. 5-6) (further - the Instruction of the Bank of Russia No. 135-I).

For obtaining by credit institution at the same time with the status of bank of the right to attraction in deposits of money of physical persons the credit institution in addition shall open to the unrestricted group of people information on persons, under control or under considerable influence of which there is credit institution. Disclosure of such information is performed according to the procedure, No. 1379-U established by the Instruction of the Bank of Russia of January 16, 2004 "About assessment of financial stability of bank for the purpose of recognition its sufficient for participation in deposit insurance system", the registered Ministry of Justice of the Russian Federation on January 23, 2004 No. 5485, on March 21, 2005 No. 6414, on March 31, 2006 No. 7648, on October 25, 2006 No. 8399, on July 23, 2007 No. 9874, on June 23, 2009 No. 14120, on December 11, 2009 No. 15547, on April 6, 2012 No. 23748, on April 20, 2012 No. 23917, on December 2, 2013 No. 30516 ("the Bulletin of the Bank of Russia" of January 27, 2004 No. 5, of April 13, 2005 No. 19, of April 12, 2006 No. 22, of November 9, 2006 No. 60, of August 2, 2007 No. 44, of July 1, 2009 No. 39, of December 18, 2009 No. 73, of April 18, 2012 No. 20, of May 12, 2012 No. 23, of December 10, 2013 No. 71).

For receipt of the status of bank of person by credit institution, the holding positions of board members (supervisory board) of credit institution, and also persons holding positions of sole executive body, his deputies, members of collegiate executive body (further - the head), the chief accountant and deputy chief accountants of credit institution, and the faces which are temporarily fulfilling job responsibilities of heads, chief accountant and deputy chief accountants of credit institution, person to whom separate obligations of heads are assigned the chief accountant and the deputy chief accountants of credit institution providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia shall conform to requirements, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity".

2. For adoption by the Bank of Russia of the decision on receipt of the status of bank by credit institution and about issue to credit institution of the license for banking operations the credit institution directs:

documents, stipulated in Item 14.6 Instructions of the Bank of Russia No. 135-I;

concerning persons holding positions of board members (supervisory board) of credit institution - the written confirmation of compliance to requirements to goodwill, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity". The written confirmation is submitted separately on each board member (supervisory board);

concerning new candidates for positions of board members (supervisory board) of credit institution in connection with receipt of the status of bank - documents, stipulated in Item 3.2 Provisions of the Bank of Russia of October 25, 2013 No. 408-P "About evaluation procedure of compliance to qualification requirements and requirements to goodwill of persons specified in article 11.1 of the Federal law "About Banks and Banking Activity" and article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", and procedure for the maintaining the database, the stipulated in Article 75 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)" registered by the Ministry of Justice of the Russian Federation on December 26, 2013 No. 30851 ("the Bulletin of the Bank of Russia" of January 20, 2014 No. 5 - 6) (further - the Provision of the Bank of Russia No. 408-P);

concerning persons holding positions of the head, chief accountant and deputy chief accountants of credit institution (except for persons borrowing in the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities (further - payment NPO), receiving status of bank, position of deputies of sole executive body, members of collegiate executive body and deputy chief accountants), - data on change of biographical particulars according to Item 2.4 and appendix 1 to the Provision of the Bank of Russia No. 408-P in which the changes which happened from the date of the previous submission of the questionnaire to the Bank of Russia shall be reflected and also the written confirmation of compliance to qualification requirements and requirements to goodwill shall contain, the shown Item of 1 part one of article 16 of the Federal law "About Banks and Banking Activity" to the corresponding officials of credit institution;

concerning new candidates for positions of heads, the chief accountant and deputy chief accountants of the credit institution receiving the status of bank - documents, stipulated in Item 2.3 Provisions of the Bank of Russia No. 408-P, for review candidates with the Bank of Russia;

concerning persons holding positions of deputies of sole executive body, members of collegiate executive body and deputy chief accountants of the payment NPO receiving the status of bank - documents, stipulated in Item 2.3 Provisions of the Bank of Russia No. 408-P, for review candidates with the Bank of Russia (at the same time submission of the documents which are earlier sent to the Bank of Russia is not required if the data containing in them did not undergo changes; in this case in case of the direction of documents details of the letter to which such documents went to the Bank of Russia shall be specified);

concerning persons who are temporarily fulfilling job responsibilities of heads, chief accountant and deputy chief accountants of credit institution (except for persons who are temporarily fulfilling job responsibilities of deputies of sole executive body, members of collegiate executive body and deputy chief accountants of the payment NPO receiving the status of bank), and also persons to whom separate obligations of heads, the chief accountant and the deputy chief accountants of credit institution providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia by which the corresponding temporary execution of job responsibilities (the order the money which is on the accounts opened in the Bank of Russia) will be performed after receipt of the status of bank by credit institution are assigned - data on change of biographical particulars according to Item 2.4 and appendix 1 to the Provision of the Bank of Russia No. 408-P in which the changes which happened from the date of the previous submission of the questionnaire to the Bank of Russia shall be reflected and also the written confirmation of compliance to the qualification requirements and requirements to goodwill imposed by Item of 1 part one of article 16 of the Federal law "About Banks and Banking Activity" shall contain;

concerning persons who are temporarily fulfilling job responsibilities of deputies of sole executive body, members of collegiate executive body and deputy chief accountants of the payment NPO receiving the status of bank by whom the corresponding temporary execution of job responsibilities will be performed after receipt of the status of bank and also persons which are earlier not approved with the Bank of Russia to whom separate obligations of heads will be assigned, the chief accountant and the deputy chief accountants of credit institution after receipt of the status of bank by it providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia - documents, stipulated in Item 2.3 Provisions of the Bank of Russia No. 408-P, for review candidates with the Bank of Russia (submission of the documents which are earlier sent to the Bank of Russia is not required if the data containing in them did not undergo changes, in this case in case of the direction of the specified documents details of the letter to which such documents went to the Bank of Russia earlier shall be given).

The documents listed in this Item, credit institution directs in:

the territorial office of the Bank of Russia exercising supervision of activities of credit institution (further - territorial office), except for the case provided by the paragraph the twelfth this Item;

Department of supervision of systemically significant credit institutions of the Bank of Russia (further - Department of supervision of systemically significant credit institutions) if receipt of the status of bank is performed by credit institution, supervision of which activities is exercised by Department of supervision of systemically significant credit institutions.

3. If available for the credit institution which made the decision on receipt of the status of bank, the license for banking operations does not provide the right to implementation of collection of money, bills of exchange, payment and settlement documents and cash servicing of physical persons and legal entities and the credit institution assumes to acquire such right along with receipt of the status of bank, then the credit institution along with the direction of documents, the stipulated in Item 2 presents of the Instruction, sends to territorial office of the Bank of Russia in the location of head office (or in territorial office of the Bank of Russia in the location of branch or internal structural division of credit institution (branch) if banking activities on collection of money, bills of exchange, payment and settlement documents and to cash servicing of physical persons and legal entities will be performed in the location of branch or internal structural division) documents, stipulated in Item 20.4 (Item 9. 4) Instructions of the Bank of Russia No. 135-I. In the case provided by subitem 9.4.3 of Item 9.4 of the Instruction of the Bank of Russia No. 135-I submission of properly verified copies of the documents confirming the lease right (subleases, free use) credit institution on the parcel of land on which the structure (if the credit institution has the lease right (subleases, free use) on the parcel of land on which the structure is located is located), on structure (part of structure) (if the structure (part of structure) does not belong to credit institution on the property right), the changes containing condition about their entry into force from the date of state registration made to the charter of credit institution (the charter in the new edition) and connected with receipt of the status of bank by it is allowed. In the case provided by subitem 9.4.2 of Item 9.4 of the Instruction of the Bank of Russia No. 135-I submission of the documents confirming possibility of placement of internal structural division in the building (room) and containing condition about their entry into force from the date of state registration of the changes made to the charter of credit institution (the charter in the new edition) and connected with receipt of the status of bank by it is allowed. At the same time submission of the contract for rendering the security services and the agreement of property insurance containing condition about their entry into force from the date of state registration of the changes made to the charter of credit institution (the charter in the new edition) and connected with receipt of the status of bank by it is allowed.

The documents provided by the paragraph third Item 20.4 (subitems 9.4.1 - 9.4.3 Items 9. 4) Instructions of the Bank of Russia No. 135-I, are represented if earlier these documents on the respective building (room) did not go to territorial office of the Bank of Russia in the location of head office of credit institution (branch, internal structural division).

Territorial office of the Bank of Russia within two weeks from the date of receipt of documents, stipulated in Item 20.4 (Item 9. 4) Instructions of the Bank of Russia No. 135-I, the conclusion about compliance of rooms for making of transactions with values to requirements, the installed application 1 to the Provision of the Bank of Russia of April 24, 2008 prepares No. 318-P "About procedure for conducting cash transactions and storage precautions, transportations and collections of banknotes and coin of the Bank of Russia in credit institutions in the territory of the Russian Federation", to No. registered by the Ministry of Justice of the Russian Federation on May 26, 2008 11751, on March 23, 2010 No. 16687, on June 1, 2011 No. 20919, on February 22, 2012 No. 23310 ("the Bulletin of the Bank of Russia" of June 6, 2008 No. 29-30, of March 31, 2010 No. 18, of June 16, 2011 No. 32, of March 2, 2012 No. 12) (further - the Provision of the Bank of Russia No. 318-P), or the conclusion about submission of documents, stipulated in Item 20.4 (Item 9. 4) to the Instruction of the Bank of Russia No. 135-I for case of insurance of cash a minimum of the amount, stipulated in Item 1.4 Provisions of the Bank of Russia No. 318-P, and their compliance to the requirements provided by the Instruction of the Bank of Russia No. 135-I (further - the conclusion) also sends the conclusion, and also information on submission of the documents provided by the paragraph third Item 20.4 (subitems 9.4.1 - 9.4.3 Items 9. 4) Instructions of the Bank of Russia No. 135-I, in territorial office (Department of supervision of systemically significant credit institutions). At the same time the conclusion goes territorial office of the Bank of Russia to credit institution.

For preparation of the conclusion the territorial office of the Bank of Russia in the location of head office (branch or internal structural division) has the right to perform check with exit of specialists into place. In case of insurance of cash and approval of insurance company, foreign insurance company of requirements to technical reinforcement of rooms for making of transactions with values by the specified territorial office of the Bank of Russia when conducting check with exit of specialists into place control of the compliance of technical reinforcement of such rooms to requirements installed by application 1 to the Provision of the Bank of Russia No. 318-P is not performed.

4. The territorial office (Department of supervision of systemically significant credit institutions) within 30 calendar days from the date of receipt of the documents provided by Items 2 and 3 of this Instruction considers them (taking into account requirements of the Provision of the Bank of Russia No. 408-P) and sends to Department of the admission and termination of activities of the financial organizations of the Bank of Russia (further - Department of the admission and termination of activities of the financial organizations) the conclusion about possibility of receipt of the status of bank by credit institution and issues of the license for banking operations to it. The conclusion shall contain:

assessment of conformity of credit institution and persons holding positions of board members (supervisory board), heads, the chief accountant and deputy chief accountants (new candidates for the specified positions) of credit institution, and also persons who are temporarily fulfilling job responsibilities of heads, chief accountant and deputy chief accountants of credit institution, and persons on which separate obligations of heads, the chief accountant and the deputy chief accountants of credit institution providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia, to the requirements determined by Item of 1 this Instruction (including data on approval in the established cases of persons are assigned to positions of the deputy of sole executive body, the member of collegiate executive body, the deputy chief accountant of credit institution and also information on approval of persons who are temporarily fulfilling job responsibilities of the specified officials of credit institution; passport data (data of other identity document) of each such person shall be in addition specified);

information on representation by territorial office of the Bank of Russia on the location of head office (branch or internal structural division if banking activities on collection of money, bills of exchange, payment and settlement documents and to cash servicing of physical persons and legal entities are performed in the location of branch or internal structural division) the positive conclusion provided by the paragraph third Item 3 presents of the Instruction and also about representation by credit institution of the documents provided by the paragraph third Item 20.4 (subitems 9.4.1 - 9.4.3 Items 9. 4) Instructions of the Bank of Russia No. 135-I (if the credit institution at the same time with the status of bank assumes to acquire the right to implementation of collection of money, bills of exchange, payment and settlement documents and cash servicing of physical persons and legal entities);

data on submission of the written confirmation of disclosure by credit institution to the unrestricted group of people of information on persons, under control or under considerable influence of which there is credit institution (if the credit institution at the same time with the status of bank assumes to acquire the right to attraction in deposits of money of physical persons).

Documents, stipulated in Item 14.6 Instructions of the Bank of Russia No. 135-I are attached to the conclusion.

Along with the direction of the conclusion specified in paragraph one of this Item, the territorial office (Department of supervision of systemically significant credit institutions) performs the actions provided by subitem 2.8.1 of Item 2.8 of the Provision of the Bank of Russia No. 408-P.

5. The Bank of Russia considers the documents received according to item 4 of this Instruction, in time, not exceeding 90 calendar days from the date of their receipt in territorial office (Department of supervision of systemically significant credit institutions).

5.1. No later than the term established by paragraph one of this Item, the Bank of Russia makes the decision on receipt of the status of bank by credit institution and licensing for banking operations and sends the written message on the made decision to credit institution. The specified decision is made by the Bank of Russia in the absence of the bases for refusal provided by Items 1, 3 and 4 parts 1 of article 16 of the Federal law "About Banks and Banking Activity".

The copy of this message goes to territorial office (Department of supervision of systemically significant credit institutions).

5.2. No later than the term established by paragraph one of this Item, the Department of the admission and termination of activities of the financial organizations returns to territorial office (Department of supervision of systemically significant credit institutions) documents with the motivated conclusion in the presence of the notes interfering decision making about receipt of the status of bank by credit institution and licensing for banking operations.

The territorial office (Department of supervision of systemically significant credit institutions) returns to credit institution documents with the motivated conclusion specified in paragraph one of this subitem. In one copy the submitted documents remains in territorial office (Department of supervision of systemically significant credit institutions). In case of submission of documents by credit institution in one copy the specified documents do not return.

The documents corrected and repeatedly sent by credit institution to territorial office (Department of supervision of systemically significant credit institutions) are considered as again arrived and also the terms established by this Instruction are considered according to the procedure.

6. After receipt of the written message specified in subitem 5.1 of Item 5 of this Instruction, the credit institution according to subitem 15.3.2 of Item 15.3 of the Instruction of the Bank of Russia No. 135-I sends to the Bank of Russia (Department of the admission and termination of activities of the financial organizations) documents for state registration of the changes made to the charter (the charter in the new edition).

In the petition for state registration of the changes made to the charter (the charter in the new edition), the method of obtaining by credit institution of the document confirming the fact of the entering of record into the Unified State Register of Legal Entities about state registration of the changes brought in the charter of credit institution (the charter in the new edition), issued by territorial authority of the Federal Tax Service (further - authorized registering body), copy of the registered changes made to the charter of credit institution (the charter in the new edition), with mark of authorized registering body and the original of the license for banking operations in addition is specified: by mail or the authorized person in Department of the admission and termination of activities of the financial organizations, or the authorized person in territorial office (in territorial office of the Bank of Russia in the location of credit institution if supervision of its activities is exercised by Department of supervision of systemically significant credit institutions).

7. The Bank of Russia in a month from the date of receipt of documents, stipulated in Item 6 these Instructions, performs actions, stipulated in Item 19.7 Instructions of the Bank of Russia No. 135-I.

7.1. Within three working days following behind day of receipt of the message of authorized registering body on entering of record into the Unified State Register of Legal Entities, the Bank of Russia (Department of the admission and termination of activities of the financial organizations) performs the following actions:

enters the corresponding data in the Book of state registration of credit institutions;

issues to the authorized person of credit institution the document confirming the fact of entering of record into the Unified State Register of Legal Entities about state registration of the changes brought in the charter of credit institution (the charter in the new edition) issued by authorized registering body, one copy of the registered changes made to the charter of credit institution (the charter in the new edition), with mark of authorized registering body and one copy of the license for banking operations (if in the petition of credit institution as method of receipt of documents obtaining by the authorized person in Department of the admission and termination of activities of the financial organizations was specified);

sends to credit institution the document confirming the fact of entering of record into the Unified State Register of Legal Entities about state registration of the changes brought in the charter of credit institution (the charter in the new edition) issued by authorized registering body, one copy of the registered changes made to the charter of credit institution (the charter in the new edition), with mark of authorized registering body and one copy of the license for banking operations (if in the petition of credit institution as method of receipt of documents obtaining by mail was specified);

sends to territorial office the document confirming the fact of entering of record into the Unified State Register of Legal Entities about state registration of the changes brought in the charter of credit institution (the charter in the new edition) issued by authorized registering body, one copy of the registered changes made to the charter of credit institution (the charter in the new edition), including the copy of leaf with mark of authorized registering body, and one copy of the license for banking operations (if in the petition of credit institution as method of receipt of documents obtaining by mail or the authorized person in Department of the admission and termination of activities of the financial organizations was specified and supervision of activities of credit institution is exercised by territorial office);

sends to territorial office (territorial office of the Bank of Russia in the location of credit institution if supervision of its activities is exercised by Department of supervision of systemically significant credit institutions) the document confirming the fact of entering of record into the Unified State Register of Legal Entities about state registration of the changes brought in the charter of credit institution (the charter in the new edition) issued by authorized registering body, two copies of the registered changes made to the charter of credit institution (the charter in the new edition), including copy with mark of authorized registering body (one copy of the registered changes made to the charter of credit institution (the charter in the new edition), including the copy of leaf with mark of authorized registering body, if supervision of activities of credit institution is exercised by Department of supervision of systemically significant credit institutions) and two copies of the license for banking operations (one copy of the license for banking operations if supervision of activities of credit institution is exercised by Department of supervision of systemically significant credit institutions (if in the petition of credit institution as method of receipt of documents obtaining by the authorized person in territorial office (in territorial office of the Bank of Russia in the location of credit institution was specified if supervision of its activities is exercised by Department of supervision of systemically significant credit institutions).

7.2. Within three working days following behind day of receipt of the documents specified in subitem 7.1 of this Item, territorial office (territorial office of the Bank of Russia in the location of credit institution - concerning credit institution, supervision of which activities is exercised by Department of supervision of systemically significant credit institutions) issues on receipt to the authorized person of credit institution:

the document confirming the fact of entering of record into the Unified State Register of Legal Entities about state registration of the changes brought in the charter of credit institution (the charter in the new edition) issued by authorized registering body (one copy);

the registered changes made to the charter of credit institution (the charter in the new edition), with mark of authorized registering body (one copy);

license for banking operations (one copy).

7.3. The registered changes made to the charter of credit institution (the charter in the new edition), with mark of authorized registering body and the license for banking operations go by mail (are issued to the authorized person) credit institution on condition of idea by credit institution of the certificate of the Bank of Russia of state registration (in case of its availability) and all copies of licenses for banking operations, on the basis of the whom it acted before change of the status.

7.4. In case of discrepancy of the submitted documents to the legislation of the Russian Federation and regulations of the Bank of Russia, and also availability of the notes interfering decision making about state registration of the changes made to the charter (the charter in the new edition) credit institution, and licensing for banking operations, lack of complete set of documents, the Bank of Russia (Department of the admission and termination of activities of the financial organizations) no later than the term established by paragraph one of this Item returns to credit institution the documents received according to Item 6 of this Instruction.

In case of submission of documents by credit institution in one copy the specified documents do not return.

The documents corrected and repeatedly sent by credit institution to the Bank of Russia (Department of the admission and termination of activities of the financial organizations) are considered as again arrived and also the terms established by this Instruction are considered according to the procedure.

8. The documents submitted according to this Instruction can be sent to the Bank of Russia (territorial office) in the form of electronic documents according to the procedure, determined by the Bank of Russia. In that case interaction between credit institution and territorial office (Bank of Russia) is performed in electronic form.

In case of submission of the documents specified in paragraph one of this Item in the form of electronic documents the credit institution shall submit by the written request of the Bank of Russia the documents provided by the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs", on paper within three calendar days from the moment of receipt of the specified request in number of copies provided by the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs".

If documents for state registration were submitted in the form of electronic documents, credit institution go:

in the form of electronic documents - the document confirming the fact of entering of record into the Unified State Register of Legal Entities and the registered changes made to the charter (the charter in the new edition) signed by the digital signature of authorized registering body;

in electronic form and on paper - the license for banking operations.

If in case of submission of documents in the form of electronic documents there was statement of credit institution for receipt of copy of the registered changes made to the charter of credit institution (the charter in the new edition), on paper with mark of authorized registering body, such copy goes by mail to credit institution along with the specified changes in form of an electronic document.

Copies of the documents received from authorized registering body in the form of electronic documents remain in the Bank of Russia (territorial office).

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

10. From the date of entry into force of this Instruction to recognize invalid:

Instruction of the Bank of Russia of June 19, 2003 No. 1292-U "About procedure for submission by non-bank credit institution to the Bank of Russia of documents for adoption by the Bank of Russia of the decision on receipt of the status of bank by non-bank credit institution", registered by the Ministry of Justice of the Russian Federation on July 15, 2003 No. 4899 ("the Bulletin of the Bank of Russia" of July 23, 2003 No. 41);

Instruction of the Bank of Russia of June 6, 2006 No. 1692-U "About modification of the Instruction of the Bank of Russia of June 19, 2003 No. 1292-U "About procedure for submission by non-bank credit institution to the Bank of Russia of documents for adoption by the Bank of Russia of the decision on receipt of the status of bank by non-bank credit institution", registered by the Ministry of Justice of the Russian Federation on June 28, 2006 No. 7993 ("the Bulletin of the Bank of Russia" of July 12, 2006 No. 39);

Instruction of the Bank of Russia of November 27, 2007 No. 1938-U "About modification of the Instruction of the Bank of Russia of June 19, 2003 No. 1292-U "About procedure for submission by non-bank credit institution to the Bank of Russia of documents for adoption by the Bank of Russia of the decision on receipt of the status of bank by non-bank credit institution", registered by the Ministry of Justice of the Russian Federation on December 13, 2007 No. 10689 ("the Bulletin of the Bank of Russia" of December 26, 2007 No. 71);

Instruction of the Bank of Russia of December 3, 2010 No. 2529-U "About modification of the Instruction of the Bank of Russia of June 19, 2003 No. 1292-U "About procedure for submission by non-bank credit institution to the Bank of Russia of documents for adoption by the Bank of Russia of the decision on receipt of the status of bank by non-bank credit institution", registered by the Ministry of Justice of the Russian Federation on December 20, 2010 No. 19257 ("the Bulletin of the Bank of Russia" of December 30, 2010 No. 73).

 

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