INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 28, 2014 No. 3515-U

About procedure Bank of Russia of control of execution of the plan of recovery of solvency of credit consumer cooperative

This Instruction based on articles 183.1 and 183.2 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, Art. 7024, Art. 7040, Art. 7061, Art. 7068; No. 50, Art. 7351, Art. 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, Art. 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, Art. 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, Art. 6979, Art. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 49, Art. 6914; "The official Internet portal of legal information" (www.pravo.gov.ru), on December 23, 2014) (further - the Federal Law "About Insolvency (Bankruptcy)"), the Federal Law of July 18, 2009 No. 190-FZ "About credit cooperation" (The Russian Federation Code, 2009, No. 29, Art. 3627; 2011, No. 48, Art. 6728; No. 49, Art. 7040; 2013, No. 23, Art. 2871; No. 30, Art. 4084; No. 44, Art. 5640; No. 51, the Art. 6683, the Art. 6695), 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. 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; "The official Internet portal of legal information" (www.pravo.gov.ru), on December 23, 2014) establishes procedure the Bank of Russia of control of execution of the plan of recovery of solvency of credit consumer cooperative (further - credit cooperative), cases of conducting exit check.

Chapter 1. Control of execution of the plan of recovery of solvency of credit cooperative

1.1. The Bank of Russia exercises control of execution of the plan of recovery of solvency by credit cooperative in part:

proper execution of such plan by credit cooperative, including observance of the terms of application of measures for the prevention of bankruptcy provided by the plan of recovery of solvency of credit cooperative;

goal achievements of recovery of solvency of credit cooperative and improvement of financial condition of credit cooperative;

compliance of the achieved indicators of activities of credit cooperative to the forecast of the expected results specified in respect of recovery of solvency of credit cooperative.

1.2. Control of execution of the plan of recovery of solvency of credit cooperative is exercised by the Bank of Russia one of the following methods: by the analysis within remote supervision of reports on accomplishment of the measures for the prevention of bankruptcy provided by the plan of recovery of solvency; by appointment of temporary administration for implementation of the plan of recovery of solvency or control of its realization, and also control of activities of temporary administration.

1.3. The plan of recovery of solvency of credit cooperative with application of documents, confirming reality of execution of the measures for the prevention of bankruptcy provided by the plan of recovery of solvency of credit cooperative, shall be represented by credit cooperative to the Bank of Russia together with the cover letter in electronic form, signed by the strengthened qualified digital signature of person performing functions of sole executive body of the credit cooperative (authorized by it persons) according to the order of interaction of the Bank of Russia with not credit financial credit institutions determined based on parts one and the eighth article 76.9 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (further - order of interaction).

1.4. Treat the documents specified in Item 1.3 of this Instruction including:

decisions (statements from decisions) bodies of credit cooperative;

the copy of the protocol of body of credit cooperative with the decision on change of organizational structure of credit cooperative;

the documents confirming the decision of body of credit cooperative on expense reduction of credit cooperative, reduction of the staff of workers;

copy of the protocol of body of credit cooperative on the termination of activities of separate divisions of credit cooperative;

copies of the documents confirming the decision of body of credit cooperative on reorganization of credit cooperative;

the protocols and (or) other documents confirming intention of members of credit cooperative (unitholders) to bring additional and voluntary shares for the purpose of implementation of measures for financial improvement;

agreements, contracts, certificates on the property right and other documents of title;

copies of balance sheets on two reporting dates preceding date of scheduling of recovery of solvency of credit cooperative and calculation of their net assets;

accounting (financial) records of credit cooperative on the last reporting date;

the administrative act of assignment of responsibility on employees of credit cooperative for accomplishment of specific measures in full and at the scheduled time;

copies of the documents reflecting structure of expenses of credit cooperative, the number of employees of credit cooperative;

copies of insurance contracts of risk of responsibility of credit cooperative for agreement breach based on which money of members of credit cooperative (unitholders) is raised.

1.5. In case of the discrepancy of the plan of recovery of solvency of credit cooperative and (or) documents specified in Item 1.4 of this Instruction to the legislation of the Russian Federation and (or) non-presentation of the specified documents the Bank of Russia informs on it credit cooperative by sending an inquiry no later than three working days from the date of submission of such plan.

The credit cooperative within 10 working days from the date of receipt of request submits the requested documents and (or) the plan of recovery of solvency of credit cooperative conforming to requirements of the legislation of the Russian Federation to the Bank of Russia.

1.6. The credit cooperative in confirmation of execution of the plan of recovery of solvency of credit cooperative shall submit in the Bank of Russia the report on accomplishment of the measures for the prevention of bankruptcy of credit cooperative provided by the plan of recovery of solvency of credit cooperative with appendix of supporting documents (further - the report) according to order of interaction. The report is submitted concerning each of measures for the prevention of bankruptcy of credit cooperative provided by the plan of recovery of solvency of credit cooperative no later than five working days after day of the expiration of realization of the measure for the prevention of bankruptcy of credit cooperative provided by the plan of recovery of solvency of credit cooperative.

1.7. The report shall contain data on change of solvency of credit cooperative for date of creation of the report in comparison with approval date body of credit cooperative of the plan of recovery of solvency of credit cooperative.

Chapter 2. Cases of carrying out by the Bank of Russia of exit check of activities of credit cooperative for analysis results of the plan of recovery of solvency

2.1. On analysis results of the plan of recovery of solvency of credit cooperative Bank of Russia based on the data containing in the report makes the decision on conducting exit check of activities of credit cooperative, in case of impossibility of receipt of necessary information within remote supervision, in cases:

factual determinations of unauthenticity of the data included in the plan of recovery of solvency of credit cooperative, including discrepancy between the data containing in the plan of recovery of solvency of credit cooperative and the data containing in the reporting of credit cooperative which elimination will entail emergence of signs of bankruptcy of credit cooperative;

need of receipt of the additional information about activities of credit cooperative for assessment of sufficiency of the measures for the prevention of bankruptcy of credit cooperative provided by the plan of recovery of solvency of credit cooperative, and perspectives of their execution.

2.2. Exit inspection of activities of credit cooperative is carried out according to the procedure, No. 86-FZ established by the Bank of Russia according to part two of article 76.5 of the Federal Law of July 10, 2002 "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2013, No. 30, Art. 4084; 2019, No. 29, the Art. 3857), within 30 working days from the date of receipt by the Bank of Russia of the plan of recovery of solvency of credit cooperative.

2.3. By results of exit check of activities of credit cooperative Bank of Russia makes the decision on appointment of temporary administration of credit cooperative or inexpediency of such appointment.

Chapter 3. Final provisions

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

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