INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 3, 2015 No. 3709-U

About modification of the Instruction of the Bank of Russia of November 11, 2005 No. 126-I "About procedure for regulation of the relations connected with implementation of measures for the prevention of insolvency (bankruptcy) of credit institutions"

1. Bring in the Instruction of the Bank of Russia of November 11, 2005 No. 126-I "About procedure for regulation of the relations connected with implementation of measures for the prevention of insolvency (bankruptcy) of credit institutions", registered by the Ministry of Justice of the Russian Federation on December 13, 2005 No. 7266, on December 13, 2007 No. 10694, on December 16, 2009 No. 15611 ("the Bulletin of the Bank of Russia" of December 21, 2005 No. 68, of December 26, 2007 No. 71, of December 23, 2009 No. 74), the following changes.

1.1. In preamble of the word "About Insolvency (Bankruptcy) of Credit Institutions" (Russian Federation Code, 1999, No. 9, Art. 1097, 2001, No. 26, Art. 2590; 2002, No. 12, Art. 1093, 2004, No. 31, Art. 3220; No. 34, of the Art. 3536) "shall be replaced with words" 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. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, Art. 35, "The official Internet portal of legal information" (www.pravo.gov.ru), on June 30, 2015)".

1.2. State Item 1.1 in the following edition:

"1.1. Action of this Instruction does not extend on:

procedure for appointment of temporary administration on management of credit institution (further - temporary administration);

procedure for reduction in compliance of the size of the authorized capital and size of own means (capital) of credit institution.".

1.3. Declare Item 1.2 invalid.

1.4. In Item 2.1 of the word "Article 4" shall be replaced with words "Article 189.10".

1.5. In Item 2.2:

the paragraph one to state in the following edition:

"2.2. The credit institution which is independently performing measures for the prevention of bankruptcy shall inform the territorial office of the Bank of Russia exercising supervision of its activities (further - territorial office of the Bank of Russia), or the Department of supervision of systemically significant credit institutions of the Bank of Russia exercising supervision of its activities (further - Department of supervision of systemically significant credit institutions of the Bank of Russia), on emergence of the bases and the taken measures for the prevention of bankruptcy in the following procedure.";

in subitem 2.2.1:

the paragraph one after the words "territorial office of the Bank of Russia" to add with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia";

in the paragraph the second shall be replaced with words words of "Article 11" "Article 189.19";

in subitem 2.2.2 of the word of "Article 11" shall be replaced with words "Article 189.19";

in subitem 2.2.3:

the paragraph one after the words "territorial office of the Bank of Russia" to add with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia";

in paragraph four of the word of "Article 9.1" shall be replaced with words "Article 189.17";

word in paragraph six "Article 17" shall be replaced with words "Item 1 of Article 189.26".

1.6. To add Items 2.3 and 2.5 after the words "territorial office of the Bank of Russia" with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia".

1.7. In Item 2.4 of the word of "Article 11" shall be replaced with words "Article 189.19".

1.8. In Item 3.1:

word in paragraph one "Article 4" shall be replaced with words "Article 189.10";

state paragraph two in the following edition:

"The requirement about implementation of measures for financial improvement does not go:";

add with paragraphs of the following content:

"in case of establishment at least one of the bases for revocation of license on banking operations provided by part two of article 20 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, the Art. 2473, "The official Internet portal of legal information" (www.pravo.gov.ru), on June 30, 2015) (further - the Federal Law "About Banks and Banking Activity");

from the date of the direction the Bank of Russia in the "Deposit Insurance Agency" state corporation (further - the Agency) offers on participation in the prevention of bankruptcy of bank. Earlier directed requirement about implementation of measures for financial improvement is cancelled after obtaining by the Bank of Russia of the notification of the Agency on decision making about participation in the prevention of bankruptcy of bank.".

1.9. In Item 3.2:

in paragraph one of the word of "Article 32" shall be replaced with words "Article 189.45", shall be replaced with words words of "Article 17" "Article 189.26", shall be replaced with words words of "Article 12" "Article 189.20";

state subitem 3.2.1 in the following edition:

"3.2.1. The requirement about reorganization of credit institution does not go:

in case of establishment at least one of the bases for revocation of license on banking operations provided by part two of article 20 of the Federal law "About Banks and Banking Activity";

from the date of the direction the Bank of Russia in the Agency of the offer on participation in the prevention of bankruptcy of bank. Earlier directed requirement about reorganization is cancelled after obtaining by the Bank of Russia of the notification of the Agency on decision making about participation in the prevention of bankruptcy of bank.";

declare subitem 3.2.2 invalid.

1.10. In Item 3.3 of the word "territorial office of the Bank of Russia" shall be replaced with words "The Bank of Russia (territorial office of the Bank of Russia)", shall be replaced with words words of "Article 11" "Article 189.19", shall be replaced with words the words "according to article 11 of the Federal Law" ", determined by the specified Article".

1.11. In Item 3.4:

in paragraph one of the word of "Article 12" shall be replaced with words "Article 189.20";

in paragraph four of the word "for non-execution or improper execution of obligations on deposit transactions" shall be replaced with words "for violation of conditions of the general deposit agreement";

in subitem 3.4.1:

word in paragraph one "territorial office of the Bank of Russia" to exclude;

word in paragraph three of "standard rates of required reserves" shall be replaced with words "mandatory reserve requirements".

1.12. In Item 3.7:

the paragraph one after the words "territorial office of the Bank of Russia" to add with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia";

in the paragraph the second shall be replaced with words words of "territorial office of the Bank of Russia" "The Bank of Russia (territorial office of the Bank of Russia)".

1.13. In Item 4.2:

shall be replaced with words words of "territorial office of the Bank of Russia" "The Bank of Russia (territorial office of the Bank of Russia)";

add with the paragraph of the following content:

"The plan of measures may contain conditions, stipulated in Item 1 article 189.22 of the Federal Law.".

1.14. In Item 4.6:

in paragraph four of the word "and repayment sums" shall be replaced with words ", repayment sums and other data, stipulated in Item 8.3 Provisions of the Bank of Russia of August 7, 2009 No. 342-P "About required reserves of credit institutions", No. registered by the Ministry of Justice of the Russian Federation on September 15, 2009 14775, on December 11, 2009 No. 15557, on September 30, 2011 No. 21956, on February 12, 2013 No. 27003, on December 17, 2013 No. 30616, on October 16, 2014 No. 34358 ("the Bulletin of the Bank of Russia" of September 21, 2009 No. 55, of December 18, 2009 No. 73, of October 12, 2011 No. 56, of February 20, 2013 No. 10, of December 24, 2013 No. 77, of October 23, 2014 No. 99) (further - the Provision No. 342-P)";

in subitem 4.6.3:

in paragraph one to replace the word of "control" with the word of "audit";

in paragraph seven to exclude the note 1, after words of "net assets" to add with the words "according to the order of the Ministry of Finance of the Russian Federation of August 28, 2014 No. 84n " about approval of the Procedure for cost determination of net assets ", the registered Ministry of Justice of the Russian Federation on October 14, 2014 No. 34299 (the Russian newspaper of October 24, 2014)";

the ninth after words of "territorial office of the Bank of Russia" to add the paragraph with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia".

1.15. In Item 4.7:

the paragraph one after the words "territorial office of the Bank of Russia" to add with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia";

in subitem 4.7.1:

the first offer to add with the words "or the vice-chairman of the Bank of Russia supervising Department of supervision of systemically significant credit institutions of the Bank of Russia (further-the vice-chairman of the Bank of Russia)";

the second offer after words of "the head of territorial office of the Bank of Russia" to add with the words "or vice-chairman of the Bank of Russia";

add with the paragraph of the following content:

"The plan died, containing conditions, stipulated in Item 1 article 189.22 of the Federal Law shall be approved by Committee of banking supervision of the Bank of Russia.".

1.16. In Item 4.8:

word in paragraph one of "territorial office of the Bank of Russia" shall be replaced with words "The Bank of Russia (territorial office of the Bank of Russia)";

in the paragraph the second to exclude the words "in territorial office of the Bank of Russia".

1.17. In the paragraph the second Item 4.9 of the word", represented to territorial office of the Bank of Russia," to exclude.

1.18. State Item 4.10 in the following edition:

"4.10. The schedule recognized by territorial office of the Bank of Russia or Department of supervision of systemically significant credit institutions of the Bank of Russia real is subject to approval of the Bank of Russia no later than 15 calendar days from the date of receipt of the notification on adoption of the positive decision by the Bank of Russia according to the petition for provision of credit institution of payment by installments of repayment of nedovznos in required reserves in time.

Before receipt of the specified notification regulation of the size of required reserves of the credit institution performing measures for financial improvement is made according to the Provision No. 342-P.".

1.19. In Item 4.11:

word in paragraph one "territorial office of the Bank of Russia" shall be replaced with words "The Bank of Russia (territorial office of the Bank of Russia)", after the words "territorial office of the Bank of Russia" to add with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia";

in the paragraph the second to exclude the words "in territorial office of the Bank of Russia";

word in paragraph three "territorial office of the Bank of Russia" shall be replaced with words "The Bank of Russia (territorial office of the Bank of Russia)".

1.20. To add Items 4.12 and 4.13 after the words "territorial office of the Bank of Russia" with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia".

1.21. Add Item 4.14 with the paragraph of the following content:

"In case of recognition of banking supervision of the Bank of Russia of impossibility of performance by Committee by credit institution of the plan of measures containing conditions, stipulated in Item 1 article 189.22 of the Federal Law, the decision, the stipulated in Item 2 specified Articles, are repealed by Committee of banking supervision of the Bank of Russia.".

1.22. In the name of Chapter 5 of the word "territorial office of the Bank of Russia" shall be replaced with words Bank of Russia.

1.23. In Item 5.1:

state paragraph two in the following edition:

"form 0409101" the turnover sheet on accounts of financial accounting of credit institution", established by the Instruction of the Bank of Russia of November 12, 2009 No. 2332-U "About the list, forms and procedure for creation and representation of forms of the reporting of credit institutions in the Central bank of the Russian Federation", the registered Ministry of Justice of the Russian Federation on December 16, 2009 No. 15615, on June 18, 2010 No. 17590, on December 22, 2010 No. 19313, on June 20, 2011 No. 21060, on December 16, 2011 No. 22650, on July 10, 2012 No. 24863, on September 20, 2012 No. 25499, on December 20, 2012 No. 26203, on March 29, 2013 No. 27926, on June 14, 2013 No. 28809, on December 11, 2013 No. 30579, on March 28, 2014 No. 31760, on June 18, 2014 No. 32765, on December 22, 2014 No. 35313, on February 20, 2015 No. 36169, on June 8, 2015 No. 37564 ("the Bulletin of the Bank of Russia" of December 25, 2009 No. 75 - 76, of June 25, 2010 No. 35, of December 28, 2010 No. 72, of June 28, 2011 No. 34, of December 23, 2011 No. 73, of July 19, 2012 No. 41, of September 26, 2012 No. 58, of December 27, 2012 No. 76, of March 30, 2013 No. 20, of June 25, 2013 No. 34, of December 28, 2013 No. 79 - 80, of March 31, 2014 No. 34, of June 27, 2014 No. 61, of December 30, 2014 No. 115 - 116, of March 10, 2015 No. 20, of June 25, 2015 No. 55) (further - the Instruction No. 2332-U).";

word in paragraph three "Instruction No. 1376-U" shall be replaced with words "Instruction No. 2332-U";

in paragraph four shall be replaced with words the word of "accounting" "accounting of credit institution".

1.24. In Item 5.2 after the words "territorial offices of the Bank of Russia" to add with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia", "the territorial offices of the Bank of Russia exercising supervision of their activities" shall be replaced with words words "in the specified request".

1.25. In Item 5.4:

to add paragraph two after the words "Territorial Office of the Bank of Russia" with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia";

word in paragraph three "Instruction No. 1376-U" shall be replaced with words "Instruction No. 2332-U";

in paragraph four shall be replaced with words the word of "accounting" "accounting of credit institution".

1.26. State Item 5.5 in the following edition:

"5.5. For the purposes of monitoring of financial condition of credit institution the Bank of Russia (territorial office of the Bank of Russia) has the right to require representation for intra monthly date (intra monthly dates) the reporting under the following forms established by the Instruction No. 2332-U:

0409101 "The turnover sheet on accounts of financial accounting of credit institution";

0409117 "Data on large loans";

0409123 "Calculation of own means (capital) ("Basel III")";

0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution";

0409350 "The report on availability in credit institution of unsatisfied requirements of certain creditors for monetary commitments and non-execution of obligation on payment of obligatory payments".".

1.27. In Item 5.6:

word in paragraph one "Article 4" shall be replaced with words "Article 189.10", after the words "territorial office of the Bank of Russia" to add with the words "or Department of supervision of systemically significant credit institutions of the Bank of Russia", shall be replaced with words words of "Article 4.1" "Article 189.11";

in subitem 5.6.1 of the word of "Article 4.1" shall be replaced with words "Article 189.11".

1.28. State Item 5.7 in the following edition:

"5.7. The documentary confirmation of elimination of the bases, the stipulated in Article 189.10 Federal Laws directed to territorial office of the Bank of Russia or Department of supervision of systemically significant credit institutions of the Bank of Russia according to Item 8 of article 189.20 of the Federal Law shall contain the reporting under the following forms established by the Instruction No. 2332-U:

0409101 "The turnover sheet on accounts of financial accounting of credit institution";

0409123 "Calculation of own means (capital) ("Basel III")";

0409135 "Information on obligatory standard rates and on other indicators of activities of credit institution";

0409350 "The report on availability in credit institution of unsatisfied requirements of certain creditors for monetary commitments and non-execution of obligation on payment of obligatory payments".

The specified forms of the reporting are constituted on daily basis and at least 10 calendar days from the date of elimination of the bases for implementation of measures for the prevention of bankruptcy are represented for the period.".

1.29. Add Chapter 5 with Item 5.8 of the following content:

"5.8. Credit institutions, supervision of which is exercised by Department of supervision of systemically significant credit institutions of the Bank of Russia, represent the reporting to territorial offices of the Bank of Russia in the location of the head office.".

1.30. In appendix 1:

after words to "The head of territorial office of the Central bank of the Russian Federation" to add with words "(to the Vice-chairman of the Bank of Russia)";

in paragraphs one and third words "article 11 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "article 189.19 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".

1.31. In appendix 2:

in the paragraph the second ambassador of the words "Territorial Office of the Bank of Russia" to add with words "(Bank of Russia)", shall be replaced with words the words "with Articles 7 - 10 Federal Laws" "with Articles 189.14 - 189.16, 189.18 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

word in paragraph three "article 12 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "article 189.20 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

in paragraph five shall be replaced with words the word of "accounting" "accounting of credit institution";

in paragraph six of the word "due to the lack or insufficiency of money on correspondent accounts of credit institution" to exclude;

after the words "Head of Territorial Office of the Bank of Russia" to add with words "(the Vice-chairman of the Bank of Russia)";

in the note of 1 word "Article 4" shall be replaced with words "Article 189.10", shall be replaced with words the words "article 11" in the corresponding case "Article 189.19" in the corresponding case.

1.32. In appendix 3:

the paragraph one after the words "territorial office of the Bank of Russia" to add with words "(Department of supervision of systemically significant credit institutions of the Bank of Russia)";

to add paragraph two after the words "territorial office of the Bank of Russia" with words "(Bank of Russia)";

in paragraph five shall be replaced with words the word of "accounting" "accounting of credit institution";

in paragraph six of the word "due to the lack or insufficiency of money on correspondent accounts of credit institution" to exclude;

after the words "Head of Territorial Office of the Bank of Russia" to add with words "(the Vice-chairman of the Bank of Russia)";

in the note of 1 word "article 32 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "article 189.45 of the Federal Law", shall be replaced with words the words "article 11" in the corresponding case "Article 189.19" in the corresponding case, "specified" to exclude the word;

in the note "article 17 of the Federal law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words 2 words "article 189.26 of the Federal Law".

1.33. In appendix 5:

in the table:

in the column 2 lines of 2.1.1 words", quick assets" shall be replaced with words "quick assets and return of overdue receivables";

in the column 2 of line 2.1.3 "management" to replace the word with the word "servicing";

to add the column 2 of line 2.1.4 before the words "asset sale" with the words "receipt of additional incomes, including";

in item 4 of Notes to filling:

third to declare the paragraph invalid;

the fourth to state the paragraph in the following edition:

"on other legal entities the calculation of net assets provided as a part of supporting documents to the plan of measures is analyzed.".

2. 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