INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 17, 2016 No. 4162-U

About the bases for refusal in approval of banking supervision of the Bank of Russia of the proposal of the receiver of credit institution by Committee which functions are performed by the "Deposit Insurance Agency" state corporation, about implementation of cession of property (assets) and obligations of credit institution to the acquirer (acquirers) and in approval of the acquirer (acquirers) of property (assets) and obligations of credit institution

According to article 189.89 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. 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. 11, Art. 29, Art. 4350, Art. 4355, Art. 35; No. 27, Art. 3495, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4355, Art. 4362; 2016, No. 1, Art. 11, Art. 27, Art. 29; No. 23, Art. 3296; No. 26, Art. 3891; No. 27, of the Art. 4225, of the Art. 4293) (further - the Federal Law "About Insolvency (Bankruptcy)") the Bank of Russia establishes the bases for refusal in approval of banking supervision of the Bank of Russia of the proposal of the receiver of credit institution by Committee which functions are performed by the "Deposit Insurance Agency" state corporation (further - the Agency), about implementation of cession of property (assets) and obligations of credit institution to the acquirer (acquirers) and in approval of the acquirer (acquirers) of property (assets) and obligations of credit institution.

1. The bases for refusal of banking supervision of the Bank of Russia by Committee in approval of the offer of the Agency on implementation of cession of property (assets) and obligations of credit institution or their part to the acquirer (acquirers) (further - the offer of the Agency) are:

absence in the offer of the Agency of information on structure and book value of property (assets) and obligations of credit institution, the report on results of assessment of the transferred property and assets of credit institution or their part, and also reasons for feasibility of cession of property (assets) and obligations of credit institution (including if determined by the Agency according to the report of the appraiser involved with the receiver, the cost of the transferred property is lower than its book value or above book value, but it is lower than the cost, determined by the appraiser);

absence in the offer of the Agency of information about structure of property (assets) and obligations of credit institution concerning each of the transferred parts if the cession of property (assets) and obligations of credit institution is offered to be performed in parts;

establishment of the facts testimonial of violation of the rights of creditors in case of implementation of the offer of the Agency;

establishment of the facts of discrepancy of the transferred obligations of credit institution of cost of the transferred property (assets).

2. The bases for refusal of banking supervision of the Bank of Russia by Committee in approval of the acquirer (acquirers) - the credit institutions which directed the application for participation in selection of the acquirer (acquirers) for cession of property (assets) and obligations of credit institution or their part (further - the acquirer), are:

absence at the acquirer of the license for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons, issued by the Bank of Russia;

implementation by the acquirer of activities for attraction in deposits of money of physical persons less than three years;

the size of own means (capital) of the acquirer calculated according to the technique established by the Provision of the Bank of Russia of July 4, 2018 No. 646-P "About technique of determination of own means (capital) of credit institutions ("Basel III")", the registered Ministry of Justice of the Russian Federation on September 10, 2018 No. 52122, on December 19, 2018 No. 53064, on September 30, 2019 No. 56084, on July 30, 2020 No. 59121, constituting less than ten percent from the size of the obligations of bank which are subject to transfer concerning which actions for transfer of its obligations calculated on the basis of the Razrabotochny table for creation of the balance sheet (the published form) of Item 3 of the Procedure for creation and submission of the reporting under form 0409806 "Balance sheet (the published form)" and 24 forms of the reporting reflected in line 0409806 "The balance sheet (the published form)" are performed established by the Instruction of the Bank of Russia of April 10, 2023 No. 6406-U "About forms, terms, procedure for creation and submission of the reporting of credit institutions (banking groups) to the Central bank of the Russian Federation, and also of the list of information on activities of credit institutions (banking groups)" (it is registered by the Ministry of Justice of the Russian Federation on August 16, 2023, registration No. 74823) (further - the Instruction of the Bank of Russia No. 6406-U);

failure to carry out of the capital adequacy ratios of credit institution established by the Instruction of the Bank of Russia of November 29, 2019 No. 199-I "About obligatory standard rates and allowances to capital adequacy ratios of banks with the universal license" registered by the Ministry of Justice of the Russian Federation on December 27, 2019 No. 57008 (further - the Instruction of the Bank of Russia No. 199-I), or the Instruction of the Bank of Russia of December 6, 2017 No. 183-I "About obligatory standard rates of banks with the basic license", registered by the Ministry of Justice of the Russian Federation on March 2, 2018 No. 50206, on September 12, 2019 No. 55912 (further - the Instruction of the Bank of Russia No. 183-I), within three last years and for date of submission of information by the acquirer to the Bank of Russia;

discrepancy of the acquirer to requirements for its reference to 1 or 2 classification groups established by the Instruction of the Bank of Russia of April 3, 2017 No. 4336-U "About assessment of economic situation of banks", registered by the Ministry of Justice of the Russian Federation on May 19, 2017 No. 46771, on March 15, 2018 No. 50380, on May 23, 2018 No. 51155, on February 22, 2019 No. 53872, as of date of submission of information by the acquirer to the Bank of Russia and availability of substantial risks in the current activities according to preventive and (or) enforcement powers of impact which can entail emergence of the bases for reference in other classification group;

application by the Bank of Russia concerning the acquirer within the last twelve months of prohibitions and restrictions according to article 74 of 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. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 27, the Art. 4225, the Art. 4273, the Art. 4295), and also prohibition on attraction in deposits of money of physical persons and opening of bank accounts of physical persons according to article 48 of the Federal Law of December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation" (The Russian Federation Code, 2003, No. 52, Art. 5029; 2004, No. 34, Art. 3521; 2005, No. 1, Art. 23; No. 43, Art. 4351; 2006, No. 31, Art. 3449; 2007, No. 12, Art. 1350; 2008, No. 42, Art. 4699; No. 52, Art. 6225; 2011, No. 1, Art. 49; No. 27, Art. 3873; No. 29, Art. 4262; No. 49, Art. 7059; 2013, No. 19, Art. 2308; No. 27, Art. 3438; No. 49, Art. 6336; No. 52, Art. 6975; 2014, No. 14, Art. 1533; No. 30, Art. 4219; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 14; No. 27, Art. 3958; No. 29, Art. 4355; 2016, No. 27, Art. 4297);

availability of overdue monetary commitments before the Bank of Russia, including on the credits of the Bank of Russia and percent on them, unpaid nedovznosa in required reserves, penalty for violation of mandatory reserve requirements and measures applied within the last six months for violation of obligatory standard rates of the credit institutions provided by the Instruction of the Bank of Russia No. 199-I or the Instruction of the Bank of Russia No. 183-I;

lack of the positive total financial result reflected in the reporting under form 0409102 "The report on financial results of the credit institution" established by the Instruction of the Bank of Russia No. 6406-U for four last quarters preceding consideration of the application for participation in selection of the acquirer;

availability of the tax debt, to charges, penalty fee, penalties before budgets of all levels and state non-budgetary funds for date of submission of information by bank to the Agency.

3. This Instruction becomes effective after 10 days after day of its official publication.

4. From the date of entry into force of this Instruction to declare invalid the Instruction of the Bank of Russia of October 30, 2012 No. 2904-U "About the bases for refusal in approval of banking supervision of the Bank of Russia of the proposal of the receiver of credit institution by Committee which functions are performed by the "Deposit Insurance Agency" state corporation, about implementation of cession of property (assets) and obligations of credit institution or their part to the acquirer (acquirers) and in approval of the acquirer (acquirers) of property (assets) and obligations of credit institution", registered by the Ministry of Justice of the Russian Federation on December 21, 2012 No. 26307 ("the Bulletin of the Bank of Russia" of December 28, 2012 No. 77).

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