FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 22, 2014 No. 432-FZ

About modification of separate legal acts of the Russian Federation and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation

Accepted by the State Duma on December 16, 2014

Approved by the Federation Council on December 17, 2014

Article 1

Bring in 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; 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; 2004, No. 27, Art. 2711; 2005, No. 1, Art. 18, 45; 2006, No. 19, Art. 2061; 2007, No. 31, Art. 4011; No. 41, Art. 4845; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; 2010, No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873; No. 29, Art. 4291; No. 48, 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, 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, 2329; No. 26, Art. 3207; No. 27, Art. 3438, 3477; No. 30, Art. 4084; No. 51, Art. 6699; 2014, No. 26, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5320) following changes:

1) in Article 16 part one:

a) in Item 1:

word in paragraph six "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "The Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - the Federal Law "About Insolvency (Bankruptcy)")";

word in paragraph eight "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "The Federal Law "About Insolvency (Bankruptcy)", words "obligations on payment of obligatory payments if from the date of adoption by Arbitration Court of the decision on recognition of credit institution by the bankrupt there passed less than three years" shall be replaced with words "obligations on payment of obligatory payments or responsibility in the form of claiming damages for benefit of credit institution if from the date of execution by person of the obligation established by court resolution there passed less than five years";

b) in Item 5:

word in paragraph nine "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "The Federal Law "About Insolvency (Bankruptcy)";

word in paragraph eleven "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "The Federal Law "About Insolvency (Bankruptcy)", words "obligations on payment of obligatory payments if from the date of adoption by Arbitration Court of the decision on recognition of credit institution by the bankrupt there passed less than 10 years" shall be replaced with words "obligations on payment of obligatory payments or responsibility in the form of claiming damages for benefit of credit institution if from the date of execution by person of the obligation established by court resolution there passed less than five years";

2) in Article 20:

a) in Item "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words 8 parts one of the word "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

b) in part two:

the paragraph one of Item 1 to state in the following edition:

"1) if value of all standard rates of sufficiency of own means (capital) of credit institution becomes lower than two percent.";

in Item 3 of the word "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

c) in word part seven "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "The Federal Law "About Insolvency (Bankruptcy)";

d) in the paragraph the second "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words word parts eight "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

e) to add Item of 1 part nine after the words "about day of revocation of license on banking operations" with words "if other is not provided by the Federal Law", to add with the words "or for the day determined by the Federal Law or in the procedure established by it";

e) "The Federal Law "About Insolvency (Bankruptcy)" add Item of 1 part ten after words with the words "and this Article";

g) add with new part eleven of the following content:

"Requirements of employees of credit institution about dismissal wage payment, compensations and other payments which amount is established by the corresponding employment contract in case of its termination in the part exceeding the minimum amount of the corresponding payments established by the labor law are not among the current obligations.";

h) the eleventh to consider part part twelve;

i) the twelfth to consider part part thirteen and in it:

in Item 6 of the word "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

add with Item 8 of the following content:

"8) to transfer the rights (requirements) and (or) to translate debt according to the obligations allowed to clearing which arose from the agreements signed by credit institution for customer account (clients) and also to perform cession of property, the ensuring execution of such obligations which is subject, in cases and according to the procedure which are provided by the Federal Law "About Clearing and Clearing Activities" and rules of clearing.";

"The Federal Law "about insolvency (bankruptcy) of credit institutions" shall be replaced with words 3) in part eight of Article 23 of the word "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

4) in Article 23.1:

a) in word part one "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

b) in word part two "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

5) in Article 23.2:

a) in word part one "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

b) in word part five "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

c) in word part six "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

"The Federal Law "about insolvency (bankruptcy) of credit institutions" shall be replaced with words 6) in part two of Article 23.3 of the word "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

7) in Article 23.4:

a) in word part one "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

b) in word part two "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "The Federal Law "About Insolvency (Bankruptcy)";

c) in word part three "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

d) in word part five "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law "About Insolvency (Bankruptcy)";

e) in word part six "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "The Federal Law "About Insolvency (Bankruptcy)";

e) in word part seven "The Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "The Federal Law "About Insolvency (Bankruptcy)";

To state Article 24 in the following edition:

"Article 24. Ensuring financial reliability of credit institution

For the purpose of ensuring financial reliability the credit institution (parent credit institution of banking group) shall create reserves (funds), including under impairment of securities, procedure for forming and which uses it is established by the Bank of Russia. The minimum sizes of reserves (funds) are established by the Bank of Russia.

The credit institution (parent credit institution of banking group) shall perform classification of assets, selecting doubtful and bad debts and to create reserves (funds) on covering of possible losses according to the procedure, established by the Bank of Russia.

The credit institution (parent credit institution of banking group) shall observe obligatory standard rates, including the individual extreme values of obligatory standard rates established according to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)". Numerical values of obligatory standard rates are established by the Bank of Russia according to the specified Federal Law.

The credit institution (parent credit institution of banking group) shall create the risk management systems and the capital, internal control corresponding to nature and scale of the performed transactions, level and combination of the accepted risks taking into account the requirements to risk management systems established by the Bank of Russia and the capital, internal control of credit institution, banking group.

Credit institutions upon the demand of the Bank of Russia are developed and represent the plans of recovery of financial stability providing including measures for ensuring compliance with regulations of the Bank of Russia, and also make changes to the plans of recovery of financial stability providing observance of requirements to their content.

The credit institutions determined as systemically significant based on the technique established by the regulation of the Bank of Russia according to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" shall develop and represent plans of recovery of financial stability to the Bank of Russia, and also make changes to plans of recovery of financial stability.

The credit institutions registered in the territory of the Russian Federation and which are parent organizations as a part of banking groups, having the right to develop plans of recovery of financial stability of banking groups the changes made to plans of recovery of their financial stability.

The credit institutions registered in the territory of the Russian Federation and being members of banking groups which parent credit institutions are developed and represent plans of recovery of financial stability of banking groups to the Bank of Russia, in coordination with the Bank of Russia can not develop plans of recovery of financial stability on individual basis (except systemically significant credit institutions) if measures for recovery of financial stability of credit institutions in full contain in plans of recovery of financial stability of banking groups.

The credit institutions registered in the territory of the Russian Federation and being members of banking groups (bank holdings) or other associations with participation of credit institutions which parent organizations are registered in the territory of foreign state develop plans of recovery of financial stability taking into account measures for recovery of financial stability of banking groups if creation and submission of plans of recovery of financial stability of banking groups (bank holdings) and other associations with participation of credit institutions are stipulated by the legislation foreign state in the territory of which they are registered.

Requirements to content, procedure and terms of submission to the Bank of Russia of plans of recovery of financial stability, the changes made to plans of recovery of financial stability for their assessment are established by the regulation of the Bank of Russia.

Credit institutions shall inform the Bank of Russia on approach in their activities of the events provided by the plan of recovery of financial stability and decision making about the beginning of its realization according to the procedure established by the regulation of the Bank of Russia.

The sole executive body of credit institution in case of release it from position shall transfer property and documents of credit institution to person from among her heads. In case of lack of such face at the time of dismissal of sole executive body it shall ensure safety of property and documents of credit institution, having notified the Bank of Russia on the taken measures.

The credit institution shall create wages system as in general, and regarding compensation of the persons specified in article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", the head of service of risk management, the head of service of internal audit, the head of internal control of credit institution and other heads (workers), making decisions on implementation by credit institution of transactions and other transactions which results can influence observance of obligatory standard rates by credit institution or emergence of other situations menacing to interests of investors and creditors including the bases for implementation of measures for the prevention of insolvency (bankruptcy) of credit institution, including possibility of reducing or cancellation of payments in case of negative financial result in general on credit institution or in the corresponding direction it activities.

The credit institution (parent credit institution of banking group, credit institution - the member of banking group) shall observe the allowances established by the Bank of Russia to standard rates of sufficiency of own means (capital), the method of calculation of such allowances established by the Bank of Russia and procedure for their observance and recovery of size of own means (capital).

The credit institution (parent credit institution of banking group, credit institution - the member of banking group) can share profit (part of profit) between shareholders (participants) of credit institution (parent credit institution of banking group, credit institution - the member of banking group), to direct it to dividend payout, to the redemption and (or) share acquisition of credit institution (parent credit institution of banking group, credit institution - the member of banking group), to satisfaction of requirements of members of credit institution (parent credit institution of banking group, credit institution - the member of banking group) about apportionment to them shares (part of share) or payment of its actual value, and also to the compensatory and stimulating payments to persons specified in article 57.3 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" if it does not lead to non-compliance by credit institution (banking group) established (established) Bank of Russia of the allowance (allowances) to standard rates of sufficiency own means (capital).";

To add 9) with Article 25.1 of the following content:

"Article 25.1. Subordinated credits (deposits, loans, bonded loans) of credit institution

The subordinated credit (the deposit, loan, bonded loan) is understood as the credit (the deposit, loan, bonded loan) which is at the same time meeting the following conditions:

if the loan granting term (the deposit, loan), repayment period of bonds constitute at least five years or the credit (the deposit, loan) is granted without specifying of term of return, the repayment period of bonds is not established;

if the agreement of the credit (the deposit, loan) or the registered conditions of bond emission contain regulations on impossibility without approval of the Bank of Russia:

early repayment of the loan (the deposit, loan) or its part, and also early payment of interests on credit (the deposit, loan, bonded loan) or early repayment of bonds or if the credit (the deposit, loan) is granted without specifying of term of return, the repayment period of bonds is not established, repayment of the loan (the deposit, loan) or its part or bond redemption, early payment of interests on credit (the deposit, loan, bonded loan);

agreement cancelation of the credit (deposit, loan) and (or) introduction of amendments to this agreement;

if loan granting conditions (the deposit, loan), including interest rate and conditions of its review, at the time of the conclusion of the agreement (introduction of amendments to the agreement) significantly do not differ from market conditions of provision of the similar credits (deposits, loans), and the interests paid on bonds and conditions of their review significantly do not differ from the average level of percent on similar bonds at the time of their placement or modification of the decision on bond issue;

if the agreement of the credit (the deposit, loan) or the bond emission conditions established by the registered decision on their release contain regulations that in case of insolvency (bankruptcy) of credit institution of the requirement for this credit (to the deposit, loan, bonded loan), and also according to financial sanctions for non-execution of obligations on the subordinated credit (the deposit, loan, bonded loan) are satisfied after satisfaction of requirements of all other creditors.

The creditor on the subordinated credit (the deposit, loan, bonded loan) cannot impose requirement about repayment of the loan (the deposit, loan) either its part or bond redemption, early payment of interests on credit (the deposit, loan, bonded loan), agreement cancelation of the credit (the deposit, loan) if only did not come the term of repayment of the loan (the deposit, loan), the repayment period of bonds established in the paragraph the second part one of this Article.

The agreement of the subordinated credit (the deposit, loan) or condition of subordinated bonded loan may contain condition about the right of credit institution to refuse unilaterally interest payment under the agreement of the subordinated credit (the deposit, loan, bonded loan). Realization by credit institution of the specified right does not involve emergence of financial sanctions for non-execution of obligations on interest payment under the agreement of the subordinated credit (the deposit, loan, bonded loan).

If the part six of this Article does not provide other, in case of decrease in the norm of sufficiency of own means (capital) of credit institution it is lower than the level, the Bank of Russia determined by the regulation for the termination (exchange, converting) of the subordinated credit (the deposit, loan, bonded loan), and also in case of approval of banking supervision of the Bank of Russia of the plan of participation of the "Deposit Insurance Agency" State corporation by Committee (further - the Agency) in implementation of measures for the prevention of bankruptcy of the bank providing rendering financial aid by the Agency, stipulated in Item 9th article 189.48 of the Federal law "About Insolvency (Bankruptcy)", the obligation of credit institution on return of the amount of principal debt under the agreement of the subordinated credit (the deposit, loan) or under the terms of bonded loan obligations according to financial sanctions for non-execution of obligations on the subordinated credits (deposits, loans, bonded loans) stop in the amount necessary for achievement of value of the standard rate of sufficiency of own means (capital) of the specified level or values of standard rates of sufficiency of own means (capital) established by the Bank of Russia according to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)", respectively unpaid interests on such credits (deposits, loans, bonded loans) are not compensated and do not accumulate.

Information on decrease is lower than the level of norm of sufficiency of own means (capital) of credit institution, the Bank of Russia determined by the regulation for the termination (exchange, converting) the subordinated credit (the deposit, loan, bonded loan), is posted by credit institution on the official site of the Bank of Russia on the Internet according to the procedure established by the regulation of the Bank of Russia. Information on approval of banking supervision of the Bank of Russia of the plan of participation of the Agency by Committee in implementation of measures for the prevention of insolvency (bankruptcy) of the bank providing rendering by the Agency the financial aid provided by part 9 of article 189.48 of the Federal law "About Insolvency (Bankruptcy)" is posted by the Bank of Russia on the official site on the Internet.

By the agreement of the subordinated credit (the deposit, loan, bonded loan) or the decision on bond issue in the cases established by part four of this Article implementation of exchange or converting of requirements of creditors on the subordinated credits (deposits, loans, bonded loans), including on unpaid interests on such credits (deposits, loans, bonded loans), and also according to financial sanctions for non-execution of obligations on the subordinated credits (deposits, loans, bonded loans) for ordinary shares (share in the authorized capital) of credit institution, including converting of bonds of credit institution (bonded loan) can be provided in ordinary shares (share in the authorized capital) of credit institution.

The Bank of Russia can impose on credit institution requirement about exchange or converting of the specified requirements of creditors, and also requirements for financial sanctions for non-execution of obligations in case of failure to carry out of the specified condition about exchange or converting established by the agreement of the credit (the deposit, loan) or bond issue conditions. In case of presentation by the Bank of Russia of credit institution of the requirement about exchange or converting of requirements of creditors on the subordinated credits (deposits, loans, bonded loans) the credit institution shall notify the creditors on presentation of such requirement by the Bank of Russia then creditors of credit institution have the right to make the decision on forgiveness of debt without delay. The decision on forgiveness of debt shall be made what the credit institution shall notify the Bank of Russia on in the terms established by the Bank of Russia for execution of the specified requirement. In case of forgiveness of debt by creditors on the subordinated credits (deposits, loans, bonded loans) the requirement of the Bank of Russia about exchange or converting of requirements of creditors for the subordinated credits (deposits, loans, bonded loans) is considered cancelled.

The procedure of exchange or converting of requirements of creditors on the subordinated credits (deposits, loans, bonded loans), features of registration of the corresponding procedures, procedure for the direction and cancellation of the requirement of the Bank of Russia about exchange or converting of requirements of creditors are determined by the subordinated credits (deposits, loans, bonded loans) by regulations of the Bank of Russia.

In case of the provided part six of this Article of exchange or converting of requirements of creditors on the subordinated credits (deposits, loans, bonded loans) in ordinary shares (share in the authorized capital) the number of the announced shares (shares) shall be at least quantity, necessary for converting of such subordinated credits (deposits, loans, bonded loans).

The provisions of the Federal Laws regulating procedure do not extend to implementation of exchange or converting of requirements of creditors on the subordinated credits (deposits, loans, bonded loans) for ordinary shares (share in the authorized capital of credit institution):

receipts of prior (subsequent) consent of the Bank of Russia to share acquisition (shares) of the credit organization borrower;

receipts of consent to implementation of the transaction with shares (shares) of the credit organization borrower of federal antimonopoly authority (the direction of the notification in federal antimonopoly authority);

acquisitions of thirty and more percent of ordinary shares of the credit organization borrower which is joint-stock company;

involvement of the state financial regulatory authority for determination of the price of share placing;

implementation of the privilege by persons having the privilege of acquisition of additional ordinary shares of the credit organization borrower which is joint-stock company.

Are applied to agreements of the subordinated credit (the deposit, loan) or conditions of bonded loan of the rule of the Civil code of the Russian Federation about loan, the credit, bank deposit, donation taking into account the features established by this Article.

The stipulated in Clause 17.1 Federal Laws of April 22, 1996 No. 39-FZ "About the security market" conditions under which the issuer shall extinguish the bonds shown to early repayment do not extend to cases if releases of bonded loans are performed by credit institutions and are subordinated according to this Article.

Provisions of parts one and the second this Article regarding provision of the subordinated credit (the deposit, loan, bonded loan) without specifying of term of return, without establishment of repayment period of bonds, provision of parts three and the fourth this Article, and also provision of part seven of this Article regarding forgiveness of debt in case of refusal to credit institution from execution of the requirement of the Bank of Russia about exchange or converting provided by the specified part do not extend to provision of the subordinated credits (the deposits, loans, bonded loans) granted by resources of the national welfare fund including according to the Federal Law of October 13, 2008 No. 173-FZ "About additional measures for support of financial system of the Russian Federation".";

10) in Article 26:

a) the twenty ninth to state part in the following edition:

"Credit institutions, being members of banking group, members of bank holding and other associations with participation of credit institutions, for the purpose of creation of the reporting of banking group, bank holding and other associations with participation of credit institutions, including for risk identification, accepted on the consolidated basis, development and maintenance in urgent condition of plans of recovery of financial stability, represent respectively to parent credit institution of banking group, parent organization (managing company) of bank holding and other consolidation with participation of credit institutions of the data on the transactions and about transactions of the clients and correspondents.";

b) the thirty first to state part in the following edition:

"The Bank of Russia has the right to provide the information on specific transactions and transactions of credit institutions, on transactions and on transactions of their clients and correspondents received from reports of credit institutions, banking groups and bank holdings, except for the data which are the state secret, to Central Banks and (or) other supervision bodies of foreign states as which banking supervision, and also the data containing in the plans of recovery of financial stability of credit institutions provided to the Bank of Russia - members of banking groups (bank holdings) and other associations with participation of credit institutions, except for the data which are the state secret, to Central Banks and (or) other bodies of foreign states as which settlement of insolvency of the organizations enters enters being parent organizations of banking group (bank holding) and other consolidation with participation of credit institutions.";

c) add with new part thirty second of the following content:

"The information specified regarding the thirty first this Article is provided on condition of providing with Central Banks and (or) other supervision bodies of foreign states as which banking supervision, and (or) other bodies of foreign states as which settlement of insolvency of the organizations, the level of protection (maintaining confidentiality) of the provided information not smaller, than the level of protection (maintaining confidentiality) of the provided information, stipulated by the legislation the Russian Federation, and failure to provide by them the specified data to the third parties, including law enforcement agencies, without prior consent in writing the Bank of Russia, except as specified provisions of the specified information to criminal court judges enters enters.";

d) thirty second and thirty third to consider parts respectively parts of the thirty third and thirty fourth;

e) the thirty fourth to consider part part of the thirty fifth and in it "part thirty second" shall be replaced with words words "part of thirty third";

e) the thirty fifth to consider part part thirty sixth.

Article 2

In Item 13 of article 35 of the Federal Law of December 26, 1995 No. 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, No. 1, Art. 1; 2001, No. 33, Art. 3423; 2006, No. 31, Art. 3445; 2009, No. 52, Art. 6428; 2011, No. 30, Art. 4576; No. 49, of the Art. 7040) of the word "the Federal Law on insolvency (bankruptcy) of credit institutions" shall be replaced with words "paragraph 4.1 of Chapter IX of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".

Article 3

Paragraph third Item 1 of Article 860.1 of part two of the Civil code of the Russian Federation (Russian Federation Code, 1996, No. 5, Art. 410; No. 51, the Art. 6699) to add 2013, with words ", except as specified, established by the law".

Article 4

Voided according to the Federal Law of the Russian Federation of 03.07.2016 No. 361-FZ

 

Article 5

Labor Code of the Russian Federation (Russian Federation Code, 2002, No. 1, Art. 3; 2004, No. 35, Art. 3607; 2006, No. 27, Art. 2878; 2008, No. 9, Art. 812; 2010, No. 52, Art. 7002; 2011, No. 1, Art. 49; 2012, No. 14, Art. 1553; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 23, Art. 2866, 2883; No. 27, Art. 3477; No. 52, Art. 6986; 2014, No. 14, Art. 1548; 23, the Art. 2930) to add No. with Article 349.4 of the following content:

"Article 349.4. Features of regulation of work of separate employee categories of credit institutions

If within six months about day of approval of banking supervision of the Bank of Russia of the plan of participation of the "Deposit Insurance Agency" state corporation by Committee (further - the Agency) in implementation of measures for the prevention of bankruptcy of bank the amount of compensation of the head of bank concerning which the Agency performs measures for the prevention of bankruptcy of his deputies, members of collegiate organ of bank, the chief accountant, his deputies, the head of bank branch, his deputies, the chief accountant of branch, established by the employment contract signed with such persons was increased in comparison with the amount of compensation existing prior to the beginning of the specified term, the conditions of the employment contract changing the amount of compensation stop the action from approval date of the plan of participation of the Agency in implementation of measures for the prevention of bankruptcy of bank.

In case of approval of the plan of participation of the Agency in implementation of measures for the warning of bankruptcy of bank to persons specified in part one of this Article dismissal wage payment, compensations and other payments in connection with the termination of the employment contract (including at the initiative of the worker or by agreement of the parties) provided by the labor law, the collective agreement, agreements, local regulations, employment contracts in the part exceeding the minimum amount of payments, stipulated in Article 181 of this Code is not made.

In case of withdrawal (cancellation) of the license for banking operations of the employer - credit institution idle time of workers is paid according to part 2 of article 157 of this Code.".

Article 6

Bring in 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; 2004, No. 31, Art. 3233; 2005, No. 25, Art. 2426; 2007, No. 1, Art. 10; 2008, No. 42, Art. 4696, 4699; No. 44, Art. 4982; 2009, No. 1, Art. 25; 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. 53, Art. 7591; 2013, No. 27, Art. 3438, 3476; No. 30, Art. 4084; No. 49, Art. 6336; No. 52, Art. 6975; 2014, No. 26, Art. 3395; No. 30, Art. 4219; No. 45, Art. 6154) following changes:

1) in Article 18 part one:

a) the seventeenth Item 9 to add the paragraph with the words "and implementation of actions for the prevention of bankruptcy of banks";

b) add with Item 17.3 of the following content:

"17. 3) is approved by procedure for determination of basic level of profitability on bank deposit agreements;";

c) add with Item 17.4 of the following content:

"17. 4) is approved by procedure for recognition of financial position of bank to the corresponding criteria for payment of the raised additional rate of insurance premiums in fund of compulsory deposit insurance.";

Part the fifth articles 46 after words of "compensations on deposits" to add 2) with the words "and for implementation of actions for the prevention of bankruptcy of banks";

3) in Article 51:

a) in part three the second offer to exclude;

b) add with parts four and heel of the following content:

"The Bank of Russia has the right to provide to Central Bank and (or) other body of foreign state as which settlement of insolvency of the organizations which are parent organizations of banking group (bank holding) and other associations with participation of credit institutions, the data containing in the plans of recovery of financial stability of credit institutions provided to the Bank of Russia - members of such banking groups (bank holdings) and other associations with participation of credit institutions enters, except for the data which are the state secret.

Information (data) and (or) documents specified in this Article are provided by the Bank of Russia to Central Bank, and (or) other supervision body of foreign state as which banking supervision, and (or) to other body of foreign state as which settlement of insolvency of the organizations enters provided that the legislation of foreign state provides the level of protection (maintaining confidentiality) provided by the Bank of Russia of information (data) and (or) documents not smaller, than the level of protection (maintaining confidentiality) of the provided information (data) and (or) documents, stipulated by the legislation the Russian Federation and if the relations on exchange of information (data) and (or) documents are regulated by international treaties, - in accordance with the terms of such agreements and on condition of their failure to provide to the third parties enters, including to law enforcement agencies, without prior written consent of the Bank of Russia, except as specified provisions of such information to court on criminal case.";

Article 57 to state 4) in the following edition:

"Article 57. The Bank of Russia establishes obligatory rules of carrying out banking activities, financial accounting and the reporting, the rule of creation and submission of accounting (financial) and statistical records for credit institutions, and also the other information provided by the Federal Laws. The Bank of Russia establishes obligatory rules of creation of the reporting for banking groups necessary for implementation of supervision of credit institutions on the consolidated basis, submissions to the Bank of Russia and disclosures of the reporting of banking groups established by the Federal Law "About Banks and Banking Activity". The Bank of Russia establishes obligatory rules of creation and submission of information for bank holdings necessary for risks assessment of bank holding and implementation of supervision of credit institutions - members of bank holdings, submission to the Bank of Russia and disclosures of the reporting of bank holdings established by the Federal Law "About Banks and Banking Activity". At the same time the rules established by the Bank of Russia are applied to accounting (financial), statistical and other records which are constituted for the period, beginning not earlier than date of publication of the specified rules.

For implementation of the functions the Bank of Russia according to the list established by the Board of directors has the right to request and receive at credit institutions, parent credit institutions of banking groups and parent organizations of bank holdings information on activities according to credit institutions, banking groups and bank holdings, including the information about members of the banking groups and bank holdings which are not credit institutions, to require explanations of the acquired information.

The Bank of Russia has the right to demand from credit institutions of development and submission of the plans of recovery of financial stability providing including measure for ensuring compliance with regulations of the Bank of Russia, and also modification of the plans of recovery of financial stability providing observance of requirements to their content.

The credit institutions which are parent organizations as a part of banking groups, having the right to develop plans of recovery of financial stability of banking groups the changes made to plans of recovery of financial stability.

Systemically significant credit institutions are determined based on the technique established by the regulation of the Bank of Russia.

The Bank of Russia has the right to establish procedure of payments and extreme values of standard rates of liquidity for systemically significant credit institutions.

Systemically significant credit institutions shall develop and represent plans of recovery of financial stability to the Bank of Russia, and also make changes to plans of recovery of financial stability.

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