INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 9, 2017 No. 4309-U

About modification of the Provision of the Central bank of the Russian Federation of March 11, 2015 No. 462-P "About procedure for creation of the reporting necessary for implementation of supervision of credit institutions on the consolidated basis, and also other information on activities of banking groups"

1. Based on article 57 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. 26, Art. 3891; No. 27, the Art. 4225, the Art. 4273, the Art. 4295), article 43 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. 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, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, the Art. 4294, the Art. 4295) and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of February 20, 2017 No. 4) to bring in the Provision of the Bank of Russia of March 11, 2015 No. 462-P "About procedure for creation of the reporting necessary for implementation of supervision of credit institutions on the consolidated basis, and also other information on activities of banking groups", registered by the Ministry of Justice of the Russian Federation on May 8, 2015 No. 37212 ("the Bulletin of the Bank of Russia" of May 20, 2015 No. 44), the following changes.

1.1. State Item 1.1 in the following edition:

"1.1. The consolidated statements and other information on activities of banking group are constituted by parent credit institution of banking group in forms and in the terms established by the Instruction of the Bank of Russia of November 24, 2016 No. 4212-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 14, 2016 No. 44718 ("the Bulletin of the Bank of Russia" of January 27, 2017 No. 12-13) (further - the Instruction of the Bank of Russia No. 4212-U), according to the procedure, established by this Provision, taking into account the Provision of the Bank of Russia of December 3, 2015 No. 509-P "About calculation of size of own means (capital), obligatory standard rates and the sizes (limits) of open foreign exchange positions of banking groups", No. 40318 registered by the Ministry of Justice of the Russian Federation on December 28, 2015 ("the Bulletin of the Bank of Russia" of December 31, 2015 No. 122) (further - the Provision of the Bank of Russia No. 509-P).".

1.2. In Item 1. 2, paragraph the second Item 1. 4, the paragraph the second Item 3.6 and Item 10 of appendix of the word "Instructions of the Bank of Russia No. 3090-U" shall be replaced with words "Provisions of the Bank of Russia No. 509-P".

1.3. In Item 1.3:

in the paragraph the second words "No. 2332-U" shall be replaced with words "No. 4212-U";

third after words of "insurance organizations" to add the paragraph with words ", non-state pension funds", after words "No. 26501" to add with words ", on April 30, 2015 No. 37103", after the words "January 18, 2013" to add with words "; "The official Internet portal of legal information" (www.pravo.gov.ru), on May 6, 2015" to add with words", and Provisions of the Bank of Russia of February 3, 2016 No. 532-P "Industry standard of the financial accounting "Procedure for Creation of Accounting (Financial) Records of Professional Participants of the Security Market, Joint-stock Investment Funds, Organizers of Trade, Central Partners, Clearing Organizations, Specialized Depositaries of Investment Fund, Mutual Investment Fund and Non-state Pension Fund, Managing Companies of Investment Fund, Mutual Investment Fund and Non-state Pension Fund, Bureau of Credit Histories, Credit Rating Agencies, Insurance Brokers", No. registered by the Ministry of Justice of the Russian Federation on March 2, 2016 41299, on December 15, 2016 No. 44749 ("the Bulletin of the Bank of Russia" of March 25, 2016 No. 29-30, of February 16, 2017 No. 20-21)";

the fourth to state the paragraph in the following edition:

"not credit institutions which are insurance companies - according to requirements of the Provision of the Bank of Russia of December 28, 2015 No. 526-P "Industry standard of the financial accounting "Procedure for Creation of Accounting (Financial) Records of Insurance Companies and Societies of Mutual Insurance" registered by the Ministry of Justice of the Russian Federation on January 28, 2016 No. 40869, on December 15, 2016 No. 44748 ("the Bulletin of the Bank of Russia" of February 24, 2016 No. 17-18, of February 9, 2017 No. 16-17), the being non-state pension funds, - according to requirements of the Provision of the Bank of Russia of December 28, 2015 No. 527-P "Industry standard of the financial accounting "Procedure for Creation of Accounting (Financial) Records of Non-state Pension Funds", No. registered by the Ministry of Justice of the Russian Federation on January 27, 2016 40832, on December 15, 2016 No. 44747 ("the Bulletin of the Bank of Russia" of March 9, 2016 No. 23-24, of February 27, 2017 No. 23-24);".

1.4. In Item 2.1:

the words "Instructions of the Bank of Russia No. 3090-U" shall be replaced with words "Provisions of the Bank of Russia No. 509-P";

add with the offer of the following content: "Reporting data of members of banking group, being insurance companies, join in the consolidated statements and other information on activities of banking group taking into account the features provided in Item 1.11 of the Provision of the Bank of Russia No. 509-P.".

1.5. Add Item 2.2 with paragraphs of the following content:

"For the purpose of determination of share of banking group in activities of the member of banking group whose investments in shares (shares) are absent at parent credit institution of banking group and (or) members of banking group, but at the same time its activities are controlled or is under considerable influence of parent credit institution of banking group and (or) members of banking group according to the agreement signed between them, the parent credit institution of banking group needs to consider availability in this agreement assigned to it or other members of banking group of responsibility according to obligations of the member of banking group or the right to use the profit got as a result of activities of the member of banking group.

If parent credit institution of banking group and (or) members of banking group are exposed as a result of activities of the member of banking group to risks of incurring of losses in the amount of, exceeding the risk level of incurring of losses provided by conditions of the signed agreement, or the smaller amount of the specified risks falls to the share of parent credit institution of banking group or risks of incurring of losses are absent, in case of determination of share of banking group in activities of the member of banking group the parent credit institution of banking group uses the approaches provided in Items 2.4 and 2.5 of this provision.".

1.6. In Item 3.4:

word in paragraph one "current (fair)" to replace with the word "fair";

state paragraph two in the following edition:

"Fair value of assets and liabilities is determined according to the International accounting standard (IFRS) 13 "Assessment of fair value" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of December 28, 2015 No. 217n "About introduction of International accounting standards and Explanations of International accounting standards in action in the territory of the Russian Federation and about recognition voided some orders (separate provisions of orders) of the Ministry of Finance of the Russian Federation", the registered Ministry of Justice of the Russian Federation on February 2, 2016 No. 40940 ("The official Internet portal of legal information" (www.pravo.gov.ru), on February 8, 2016) (further - the order of the Ministry of Finance of the Russian Federation No. 217n), with amendments, enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of June 27, 2016 No. 98n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation and about recognition voided some orders of the Ministry of Finance of the Russian Federation", the registered Ministry of Justice of the Russian Federation on July 15, 2016 No. 42869 ("The official Internet portal of legal information" (www.pravo.gov.ru), on July 18, 2016) (further - the order of the Ministry of Finance of the Russian Federation No. 98n), and the order of the Ministry of Finance of the Russian Federation of July 11, 2016 No. 111n "About enforcement and cancellation of documents of International accounting standards in the territory of the Russian Federation", the registered Ministry of Justice of the Russian Federation on August 1, 2016 No. 43044 ("The official Internet portal of legal information" (www.pravo.gov.ru), On August 2, 2016) (further - the order of the Ministry of Finance of the Russian Federation No. 111n).".

1.7. The paragraph one of Item 3.5 after words" (further - the Provision of the Bank of Russia No. 283-P)" to add with words ", the Instruction of the Bank of Russia of June 22, 2005 No. 1584-U "About forming and the size of reserve on possible losses under transactions of credit institutions with residents of offshore zones", the registered Ministry of Justice of the Russian Federation on July 15, 2005 No. 6799 ("the Bulletin of the Bank of Russia" of July 27, 2005 No. 38),".

1.8. In Item 4.1:

in paragraph one to replace the word of "income" with the word of "profit";

state paragraph two in the following edition:

"The concepts "goodwill" and "profit on profitable purchase" are used in values and determined according to IFRS (IFRS) 3 "Integration of businesses" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 217n with the amendments enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 98n and the order of the Ministry of Finance of the Russian Federation No. 111n.";

in paragraph four to replace the word "Income" with the word "Profit";

in paragraph three of subitem 4.1.2 of the word "current (fair)" to replace with the word "fair".

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

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