It is registered
Ministry of Justice
Russian Federation
On May 22, 2017 No. 46783
of February 22, 2017 No. 578-P
About procedure for consideration of the applications about accreditation under the Bank of Russia of arbitration managers as receivers in case of bankruptcy of credit institutions, accreditation, cancellation of accreditation, refusal in accreditation prolongation
According to articles 189.77 and 189.79 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. 35; No. 27, Art. 3495, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4350, 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. 4237, of the Art. 4293) (further - the Federal Law "About Insolvency (Bankruptcy)") the Bank of Russia establishes procedure for consideration of the applications about accreditation under the Bank of Russia of arbitration managers as receivers in case of bankruptcy of credit institutions (further - the statement for accreditation), accreditations, cancellations of accreditation, refusal in accreditation prolongation.
1.1. Consideration of the applications of the arbitration managers who are members of self-regulatory organizations of arbitration managers (further - the candidate), about accreditation, statements of self-regulatory organizations of arbitration managers (further - self-regulatory organization) about accreditation of the arbitration managers who are their members, statements of the arbitration managers accredited under the Bank of Russia as receivers in case of bankruptcy of credit institutions (further - accredited person), about accreditation prolongation, and also registration and issue of certificates on accreditation is performed by the Bank of Russia on a grant basis.
1.2. Decisions on accreditation, on refusal in accreditation, about accreditation cancellation, about accreditation prolongation, about refusal in prolongation of accreditation are accepted by the Commission on the accreditation under the Bank of Russia of arbitration managers as receivers in case of bankruptcy of credit institutions created in central office of the Bank of Russia (further - the Commission on accreditation).
1.3. Effective period of accreditation constitutes one year and is estimated from the date of acceptance by the Commission on accreditation of the decision on accreditation or about accreditation prolongation.
1.4. Functions of the working office of the Commission on accreditation are performed by structural division of central office of the Bank of Russia to which powers the organization of the works connected with accreditation and preparation of materials for consideration by the Commission on accreditation is carried (further - the working device).
1.5. The working device performs the following functions:
accepts and considers the arrived documents regarding their completeness and proper registration;
prepares materials for consideration and acceptance by the Commission on accreditation of decisions on accreditation, about refusal in accreditation, about accreditation cancellation, about accreditation prolongation, about refusal in accreditation prolongation;
creates and stores accreditation cases of candidates (accredited persons);
draws up and grants certificates on accreditation;
sends inquiries to the federal executive body performing functions of control (supervision) of activities of self-regulatory organizations for the purpose of receipt of the additional information necessary for decision making by the Commission on accreditation;
provides the publication in "the Bulletin of the Bank of Russia" and placement on the official site of the Bank of Russia on the Internet of information about accredited persons no later than 30 days from the date of adoption of the relevant decision by the Commission on accreditation in time;
performs other functions provided by the Federal Law "About Insolvency (Bankruptcy)".
1.6. In accreditation case of the candidate (accredited person) the documents of the candidate (accredited person) arriving in the Bank of Russia and the copy of the documents sent it by the Bank of Russia on the questions connected with accreditation, refusal in accreditation, accreditation cancellation, accreditation prolongation, refusal in accreditation prolongation, issue of the certificate on accreditation and also the documents relating to activities of the candidate (accredited person) as the interim manager, the administrative managing director, the external managing director, the receiver, the financial manager, the liquidator are located.
1.7. Processing of personal data of candidates (accredited persons), and also the publication in "the Bulletin of the Bank of Russia" and placement on the official site of the Bank of Russia on the Internet of information about accredited persons are performed with observance of requirements of the legislation of the Russian Federation on personal data.
2.1. For accreditation the candidate files in the Bank of Russia petition for accreditation (appendix 1 to this Provision).
Self-regulatory organization for accreditation of the arbitration manager who is her member having the right to send to the Bank of Russia the petition with appendix of its statement for accreditation (appendix 1 to this Provision) and documents, stipulated in Item 2.2 this provision.
2.2. Are enclosed to the application for accreditation:
questionnaire (appendix 2 to this Provision);
the documents confirming data on execution by the candidate of obligations of the receiver (liquidator) in three years preceding date of filing of application about accreditation;
passport copy of the citizen of the Russian Federation or other identity document and citizenship of the Russian Federation;
the original document, the candidate confirming membership in self-regulatory organization;
certified according to the procedure, established by the legislation of the Russian Federation, the copy of the certificate on the termination of the training course according to the training program of arbitration managers approved by the Bank of Russia containing the name of the educational organization, and also date and number of its license for the right of conducting educational activities.
2.3. The candidate specifies the chosen method of receipt of the certificate on accreditation in the statement for accreditation: issue on receipt in obtaining or direct the registered mail with the assurance of receipt to the address specified in the questionnaire.
2.4. If the candidate or self-regulatory organization submitted to the Bank of Russia documents earlier, stipulated in Item 2.2 this provision, they have the right not to direct them repeatedly, except for the questionnaire and the document confirming membership of the candidate in self-regulatory organization which are represented irrespective of availability (absence) of changes in them. At the same time data on the documents and on lack of changes in them which are earlier submitted to the Bank of Russia are specified in the statement for accreditation. In the presence of changes in the documents which are earlier submitted to the Bank of Russia the candidate needs to send to the Bank of Russia new documents (taking into account changes).
In case of detection of discrepancy of the provided set of documents to the list, the stipulated in Item 2.2 this provision, and also in case of detection of discrepancy specified in the statement for accreditation and/or in the questionnaire of data to contents of the documents enclosed to the application for accreditation, the working device together with the conclusion containing list of the revealed discrepancies returns the application for accreditation and documents to the candidate (self-regulatory organization) no later than 10 working days from the date of their receipt in the Bank of Russia in time.
The statements for accreditation and documents, stipulated in Item 2.2 this provision corrected and repeatedly provided to the Bank of Russia, are considered as again arrived and are considered according to the procedure, established by this Provision.
2.5. For more information the working device sends to the federal executive body performing functions of control (supervision) of activities of self-regulatory organizations, request about activities of the candidate as the interim manager, the administrative managing director, the external managing director, the receiver, the financial manager, the liquidator.
2.6. The decision on accreditation is made by the Commission on accreditation in time no later than 30 days from the date of receipt of the statement for accreditation (the statement of self-regulatory organization for accreditation of the candidate who is her member) in the Bank of Russia in case of observance stipulated in Item 4 articles 189.77 of the Federal law "About Insolvency (Bankruptcy)" of conditions of accreditation.
2.7. The document confirming accreditation of the arbitration manager is the certificate on accreditation which is drawn up in one copy on the form protected from possibility of its counterfeit.
The certificate on accreditation having sequence number is signed by the Commission chairman on accreditation (in its absence - the vice-chairman of the Commission on accreditation) and fastened with print of official stamp of the Bank of Russia.
2.8. The working device in time no later than 10 working days from the date of decision making about accreditation sends the notification on accreditation to the accredited person and to self-regulatory organization which member accredited person is.
The certificate on accreditation is granted to accredited person (to the authorized person based on the power of attorney) by the working device on receipt in obtaining or goes the registered mail with the assurance of receipt to the address specified in the questionnaire.
In case of issue of the certificate on accreditation on receipt in obtaining in the notification on accreditation date of receipt accredited person of the certificate on accreditation which cannot exceed 30 working days from the date of the direction of the notification is specified. In case of non receipt by accredited person of the certificate on accreditation the working device in time no later than 3 working days after the expiration of fixed term directs the certificate on accreditation by the registered mail with the assurance of receipt to the address specified in the questionnaire.
2.9. For accreditation prolongation accredited person in time no later than 30 days before the expiration of accreditation submits the application addressed to the Chairman of the Bank of Russia for accreditation prolongation constituted in any form to the Bank of Russia.
Accredited person specifies the chosen method of receipt of the certificate on accreditation in the statement for accreditation prolongation: issue on receipt in obtaining or direct the registered mail with the assurance of receipt to the address specified in the questionnaire.
2.10. Are enclosed to the application for prolongation of accreditation:
the original certificate about accreditation;
questionnaire (appendix 2 to this Provision);
the original document, confirmatory that the arbitration manager is at the time of filing of application about prolongation of accreditation by the member of self-regulatory organization.
2.11. Data on the documents which are earlier provided to the Bank of Russia according to Item 2.2 of this provision and on lack of changes in them are specified in the statement for prolongation of accreditation. In the presence of changes in the documents which are earlier submitted to the Bank of Russia the accredited person needs to send to the Bank of Russia new documents (taking into account changes).
2.12. The application for prolongation of accreditation is considered according to the procedure and in the terms established by this Chapter.
2.13. In case of violation of term, stipulated in Item 2.9 this provision, documents for accreditation go according to the procedure established by Items 2.1 again - 2.4 this provision.
2.14. After acceptance by the Commission on accreditation of the decision on accreditation prolongation on the back of the certificate on accreditation the mark about prolongation of accreditation which consists of print of stamp, number of the minutes of the Commission on accreditation, date of the decision of the Commission on accreditation, effective period of accreditation and the signature of the Commission chairman on accreditation (in its absence - the vice-chairman of the Commission on accreditation), fastened with print of official stamp of the Bank of Russia is put down.
In case of lack of empty seat on the back of the certificate on accreditation the mark about prolongation of accreditation is put down on additional leaf to the certificate on accreditation which is drawn up on the form protected from possibility of its counterfeit.
2.15. Issue of the certificate on accreditation with mark about prolongation of accreditation is made according to the procedure, stipulated in Item 2.8 this provision.
3.1. The decision on refusal in accreditation, refusal in prolongation of accreditation is accepted by the Commission on accreditation no later than 30 days from the date of receipt in the Bank of Russia of the statement of the candidate for accreditation (the petition of self-regulatory organization for accreditation of the candidate who is her member), statements of accredited person for accreditation prolongation respectively in time.
3.2. To the candidate for accreditations the Commission on accreditation makes the decision on refusal in the presence of one of the following bases:
discrepancy of the candidate to conditions of accreditation, stipulated in Item 4 articles 189.77 of the Federal law "About Insolvency (Bankruptcy)" (further - accreditation conditions);
availability in the documents submitted to the Bank of Russia for accreditation, unreliable information.
3.3. The Commission on accreditation makes the decision on refusal in accreditation prolongation in the presence of one of the following bases:
discharge of accredited person by Arbitration Court from fulfillment of duties of the receiver (liquidator);
violation by accredited person of conditions of accreditation;
the violation by accredited person of the legislation of the Russian Federation on insolvency (bankruptcy) which led to essential infringement of the rights of creditors, unreasonable expenditure of competitive weight, disproportionate satisfaction of requirements of creditors.
3.4. The Commission on accreditation makes the decision on accreditation cancellation in the presence of one of the following bases:
discharge of accredited person by Arbitration Court from fulfillment of duties of the receiver (liquidator);
violation by accredited person of conditions of accreditation;
the violation by accredited person of the legislation of the Russian Federation on insolvency (bankruptcy) which led to essential infringement of the rights of creditors, unreasonable expenditure of competitive weight, disproportionate satisfaction of requirements of creditors;
non-execution by the receiver (liquidator) of credit institution of instructions of the Bank of Russia about elimination of violations of the regulatory legal acts governing the relations connected with liquidation of credit institutions including in case of insolvency (bankruptcy) of credit institutions which are revealed according to the reporting represented by the receiver (liquidator) or during check of its activities;
by results of consideration of the claim of creditor committee to actions of the receiver (liquidator) of credit institution or the annulment petition of its accreditation.
3.5. In case of acceptance by the Commission on accreditation of the decision on refusal (refusal in accreditation prolongation, accreditation cancellation) the working device in time no later than 10 working days from the date of adoption of the relevant decision sends to accreditations to the candidate (accredited person) the notification on it with appendix of minutes abstract of commission session on the accreditation containing the motivated decision on refusal in accreditation (refusal in accreditation prolongation, accreditation cancellation).
In the same time the working device informs on the made decision self-regulatory organization which member is the arbitration manager and if the arbitration manager performs functions of the receiver (liquidator) of credit institution - also territorial office of the Bank of Russia in the location of credit institution.
3.6. The territorial office of the Bank of Russia in time no later than 15 working days from the date of receipt of information specified in Item 3.5 of this provision directs to Arbitration Court the application for discharge of the arbitration manager from fulfillment of duties of the receiver (liquidator) of credit institution.
3.7. After acceptance by the Commission on accreditation of the decision on cancellation of accreditation on the face of the certificate on accreditation provided according to Item 2.10 of this provision the mark about cancellation of accreditation which consists of print of stamp, number of the minutes of the Commission on accreditation, date of the decision of the Commission on accreditation and the signature of the Commission chairman on accreditation (in its absence - the vice-chairman of the Commission on accreditation), fastened with print of official stamp of the Bank of Russia is put down.
3.8. The certificate on accreditation is terminated in the following cases:
accreditation expiration;
accreditation cancellation.
4.1. In case of change of the information about accredited person specified in the granted certificate on accreditation and also loss or spoil of the certificate on accreditation accredited person has the right to file in the Bank of Russia the petition constituted in any form addressed to the Chairman of the Bank of Russia of issue of the certificate on accreditation with indication of the reasons of the direction of the statement.
4.2. Are enclosed to the application for issue of the certificate on accreditation:
certified according to the procedure, the established legislation of the Russian Federation, the copy of the documents confirming change of the data specified in the granted certificate on accreditation;
the granted certificate on accreditation or, in case of its loss or spoil, explanatory note.
4.3. Issue of the certificate on accreditation is performed by the working device no later than 10 working days from the date of receipt in the Bank of Russia of the statement for issue of the certificate on accreditation in time.
4.4. The certificate on accreditation contains data from earlier granted certificate on accreditation taking into account the happened changes, and also the effective period provided in earlier granted certificate on accreditation. On the face of the certificate on accreditation the mark "in exchange the certificate on accreditation which is earlier granted" with indication of date of registration is put down. At the same time earlier granted certificate on accreditation voids.
4.5. The working device in time no later than 10 working days from the date of execution of the certificate on accreditation sends the notification on it to the accredited person.
The certificate on accreditation is granted to accredited person according to the procedure established by paragraphs second and third Item 2.8 of this provision.
5.1. This Provision becomes effective after 10 days after day of its official publication.
5.2. From the date of entry into force of this provision to recognize invalid:
Provision of the Bank of Russia of December 14, 2004 No. 265-P "About accreditation of arbitration managers under the Bank of Russia as receivers in case of bankruptcy of credit institutions", registered by the Ministry of Justice of the Russian Federation on January 28, 2005 No. 6280;
Instruction of the Bank of Russia of November 6, 2007 No. 1899-U "About modification of the Provision of the Bank of Russia of December 14, 2004 No. 265-P "About accreditation of arbitration managers under the Bank of Russia as receivers in case of bankruptcy of credit institutions", registered by the Ministry of Justice of the Russian Federation on November 28, 2007 No. 10570;
Instruction of the Bank of Russia of April 16, 2008 No. 1994-U "About modification of the Provision of the Bank of Russia of December 14, 2004 No. 265-P "About accreditation of arbitration managers under the Bank of Russia as receivers in case of bankruptcy of credit institutions", registered by the Ministry of Justice of the Russian Federation on May 13, 2008 No. 11680;
Instruction of the Bank of Russia of November 3, 2009 No. 2320-U "About modification of the Provision of the Bank of Russia of December 14, 2004 No. 265-P "About accreditation of arbitration managers under the Bank of Russia as receivers in case of bankruptcy of credit institutions", registered by the Ministry of Justice of the Russian Federation on December 1, 2009 No. 15339;
Instruction of the Bank of Russia of March 9, 2010 No. 2408-U "About modification of Item 3.2 of the Provision of the Bank of Russia of December 14, 2004 No. 265-P "About accreditation of arbitration managers under the Bank of Russia as receivers in case of bankruptcy of credit institutions", registered by the Ministry of Justice of the Russian Federation on April 13, 2010 No. 16889.
Chairman of the Central bank of the Russian Federation
E. S. Nabiullina
to the Provision of the Central bank of the Russian Federation of February 22, 2017 No. 578-P "About procedure for consideration of the applications about accreditation under the Bank of Russia of arbitration managers as receivers in case of bankruptcy of credit institutions, accreditation, cancellation of accreditation, refusal in accreditation prolongation"
Recommended sample
To the chairman of the Central bank
Russian Federation
_______________________________
The statement for accreditation under the Bank of Russia of the arbitration manager as the receiver in case of bankruptcy of credit institutions
Applicant _________________________________________________________________
(surname, name, middle name completely)
Passport data (data of other identity documents and
nationality) ______________________________________________________________
___________________________________________________________________________
Residence (registration) ____________________________________________
___________________________________________________________________________
Contact telephone numbers, e-mail address ______________________________
I ask to accredit me under the Bank of Russia as competitive
the managing director in case of bankruptcy of credit institutions.
With accreditation conditions under the Bank of Russia it is acquainted, was trained
according to the Training program of arbitration managers approved by the Bank of Russia.
On processing by the Bank of Russia (bank address of Russia: 107016, Moscow, st.
Neglinnaya, 12) my documents containing in the questionnaire and attached to it
personal data he agrees it (agrees). He agrees it (agrees) to disclosure
my personal data in case of publication in "the Bulletin of the Bank of Russia" and
placement on the official site of the Bank of Russia in
information and communication network "Internet" the Bank of Russia of data about
accredited persons, including mine surname, name and middle name, data
about the region of the residence (registration), my accreditation, prolongation
accreditation effective periods, about accreditation cancellation, issue
certificates on accreditation.
This consent is effective before date of its response with me by the direction in
The Bank of Russia of the written message on the specified response in any form,
if other is not established by the legislation of the Russian Federation.
I ask to grant the certificate on accreditation on receipt
in obtaining / to direct the registered mail with the notification about
delivery to the following address <1>.
The list of the enclosed documents necessary for consideration
statements:
1) originals of documents on ____ l., including:
_______________________ on ____ l.;
_______________________ on ____ l.;
2) copies of documents on ____ l., including:
_______________________ on ____ l.;
_______________________ on ____ l.
Signature of the applicant
Date of creation of the statement
--------------------------------
<1> Necessary to emphasize.
to the Provision of the Central bank of the Russian Federation of February 22, 2017 No. 578-P "About procedure for consideration of the applications about accreditation under the Bank of Russia of arbitration managers as receivers in case of bankruptcy of credit institutions, accreditation, cancellation of accreditation, refusal in accreditation prolongation"
Recommended sample
Questionnaire
1. Surname, name, middle name (the last - in the presence) _______________________
___________________________________________________________________________
2. Birth date and birth place __________________________________________________
3. Passport data (data of other identity documents and
nationality) ______________________________________________________________
4. Registration at the place of residence and the residential address, phone number
(house, office, contact) _________________________________________
___________________________________________________________________________
5. Membership in ________________________________ self-regulatory organization
___________________________________________________________________________
(the complete and reduced trade name, registration number
self-regulatory organization)
6. Training in the program of the Bank of Russia _____________________________________
7. Data on work as the receiver in three years,
prior to date of filing of application (with indication of date of appointment on
position and dates of release from fulfillment of duties competitive
managing director) <1> _________________________________________________________
___________________________________________________________________________
8. Place of employment and position at the time of filling of the questionnaire (according to
employment records and activities as competitive
managing director)
___________________________________________________________________________
___________________________________________________________________________
Date of _______________ __________________ _____________________
(personal signature) (initials, surname)
--------------------------------
<1> For confirmation of data the copy of the service record and the copy of decisions (determinations) of Arbitration Courts on appointment of the candidate are represented to receivers.
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