INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 15, 2017 No. 4409-U

About modification of the Instruction of the Bank of Russia of July 5, 2007 No. 1853-U "About features of implementation by credit institution of settlement transactions after revocation of license on banking operations and about the accounts used by the receiver (the liquidator, liquidation commission)"

1. Based on articles 4 and 38 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, Art. 4225, Art. 4273, Art. 4295; 2017, No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669), Articles 189. 51, 189. 54, 189.88 Federal Laws 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. 3945, 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, Art. 4225, Art. 4237, Art. 4293; 2017, No. 18, the Art. 2661) 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 May 29, 2017 No. 12) to bring in the Instruction of the Bank of Russia of July 5, 2007 No. 1853-U "About features of implementation by credit institution of settlement transactions after revocation of license on banking operations and about the accounts used by the receiver (the liquidator, liquidation commission)", registered by the Ministry of Justice of the Russian Federation on July 23, 2007 No. 9875, on June 9, 2008 No. 11825, the following changes.

1.1. In Item 1.1 of the word of "division of settlement network of the Bank of Russia" shall be replaced with words "divisions of the Bank of Russia through which the Bank of Russia transfers money within payment system of the Bank of Russia (further - divisions of the Bank of Russia),", figures "10 - 12" shall be replaced with words "10 and 13".

1.2. In Item 1.2 of the word "the divisions of settlement network of the Bank of Russia servicing the liquidated credit institution (its branch)" shall be replaced with words "divisions of the Bank of Russia", "settlement documents" shall be replaced with words words "orders about money transfer (further - orders)".

1.3. State Item 1.3 in the following edition:

"1.3. Credit institutions - correspondents and divisions of the Bank of Russia, stop acceptance of the orders arriving from the date of revocation of license for transfer of money on bank accounts of clients of the liquidated credit institution (its branch) and perform return of money into accounts of payers in banks senders with the notification on response at credit institution of the license and specifying of date and number of the relevant order of the Bank of Russia.".

1.4. Item 1.4 in paragraph one after the words "in the location of the liquidated credit institution" to add with words "(its branch)", to replace the words "has the right to return" with the word "returns".

1.5. State Item 1.5 in the following edition:

"1.5. From the date of response at credit institution of the license, the arriving orders on cash write-off from correspondent account (sub-account) of the liquidated credit institution (its branch), except for the orders connected with execution of the current obligations of the liquidated credit institution return divisions of the Bank of Russia, the credit organizations correspondents to senders of the specified orders with the notification on response at credit institution of the license and specifying of date and number of the relevant order of the Bank of Russia.".

1.6. Add Chapter 1 with Item 1.6 of the following content:

"1.6. If according to article 189.51 of the Federal law "About Insolvency (Bankruptcy)" the Committee of banking supervision of the Bank of Russia approves the plan of participation of the "Deposit Insurance Agency" state corporation (further - the Agency) in settlement of obligations of credit institution which provides transfer to bank acquirer as a part of the transferred property of the money which arrived in credit institution as a result of return of the required reserves deposited by credit institution on separate bank accounts of Russia on accounting of required reserves, and the required reserves deposited on the separate bank account of Russia in case of failure to carry out of obligation on averaging (further - the required reserves of credit institution deposited in the Bank of Russia), the Bank of Russia transfers the specified money to the correspondent account of the liquidated credit institution opened in the Bank of Russia based on the statement of the Agency.

After the conclusion according to article 189.54 of the Federal law "About Insolvency (Bankruptcy)" of the agreement (agreements) of cession of property and obligations of credit institution between temporary administration on management of credit institution and bank acquirer in coordination with the Bank of Russia (Department of banking supervision) money is transferred from the correspondent account of the liquidated credit institution opened in the Bank of Russia to the correspondent account of bank acquirer opened in the Bank of Russia based on the order of temporary administration on management of credit institution.".

1.7. In Item 2.1:

in paragraph one of the word "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "About insolvency (bankruptcy)", "division of settlement network of the Bank of Russia" shall be replaced with words words Bank of Russia;

in the paragraph the second words "50.31 Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "189.88 Federal Laws "About Insolvency (Bankruptcy)", words "the "Deposit Insurance Agency" state corporation (further - the Agency)" to replace with the word "Agency", "divisions of settlement network of the Bank of Russia" shall be replaced with words words Bank of Russia, after the word "uses" to add with the word.

1.8. State Item 2.2 in the following edition:

"2.2. For confirmation of the right to perform transactions on correspondent account (sub-account) of the liquidated credit institution (its branch) opened in the Bank of Russia, the arbitration manager accredited under the Bank of Russia and approved (appointed) by Arbitration Court as the receiver (liquidator) represents to the division of the Bank of Russia defined by the agreement of correspondent account (further - the agreement of the account), the documents provided by the paragraph the fifth Item 4.14 of the Instruction of the Bank of Russia of May 30, 2014 No. 153-I "About opening and closing of bank accounts, accounts on deposits (deposits), deposit accounts" registered by the Ministry of Justice of the Russian Federation on June 19, 2014 No. 32813, on February 14, 2017 No. 45638 (further - the Instruction of the Bank of Russia No. 153-I).

At the same time in card with specimen signatures and impress of a seal person given right to sign - the receiver (liquidator) is specified.".

1.9. In Item 2.3:

word in paragraph one "division of settlement network of the Bank of Russia" shall be replaced with words Bank of Russia;

in the paragraph the second "division of settlement network of the Bank of Russia" shall be replaced with words words Bank of Russia, the words "relevant divisions of settlement network of the Bank of Russia" shall be replaced with words "the division of the Bank of Russia defined by the agreement of the account";

in paragraph four the word "organization" shall be replaced with words "the organizations (Department of supervision of systemically significant credit institutions of the Bank of Russia if it exercised supervision of activities of credit institution)";

in paragraph five after the word to "person" to add with the word to "(persons)", to exclude the word "second";

to state the paragraph of the sixth in the following edition:

"the card with specimen signatures and impress of a seal which is drawn up according to the procedure, established by Chapter 7 of the Instruction of the Bank of Russia No. 153-I, with impress of a seal of liquidation commission (liquidator). At the same time in card persons given right to sign - the chairman of liquidation commission (liquidator) and (or) the other person (other persons) authorized (authorized) by the chairman of liquidation commission (liquidator) from among members of liquidation commission are specified.".

1.10. In Item 2.4:

word in paragraph one "division of settlement network of the Bank of Russia" shall be replaced with words Bank of Russia, the words "relevant divisions of settlement network of the Bank of Russia" shall be replaced with words "the division of the Bank of Russia defined by the agreement of the account";

in paragraph four after the word to "person" to add with the word to "(persons)", to exclude words "first or second";

in paragraph five of the word "28-I" shall be replaced with words "153-I", to exclude the word of "first"," (in the presence) and the second signature - person (persons) authorized by the Agency (in the presence)" to exclude words.

1.11. State Item 3.1 in the following edition:

"3.1. After submission of the documents confirming the right to perform transactions on correspondent account (sub-account) of the liquidated credit institution (its branch), the division of the Bank of Russia transfers to liquidation commission (liquidator) unexecuted orders according to the procedure, No. 384-P established by the Provision of the Bank of Russia of June 29, 2012 "About payment system of the Bank of Russia", by the registered Ministry of Justice of the Russian Federation on July 4, 2012 No. 24797, on April 19, 2013 No. 28207, on November 20, 2013 No. 30408, on August 1, 2014 No. 33399, on December 9, 2015 No. 40044, on December 7, 2016 No. 44614.

Unexecuted orders of claimants of means are transferred in similar procedure to the receiver (to the liquidator, liquidation commission, the representative of the Agency) by credit institutions - correspondents.".

1.12. In Item 3.2:

in paragraph one of the word "division of settlement network of the Bank of Russia" in the corresponding number and case shall be replaced with words Bank of Russia, the word is "listed" to be replaced with the word translated";

in the paragraph the second shall be replaced with words the words "division of settlement network of the Bank of Russia" in the corresponding number and case Bank of Russia, shall be replaced with words the words "can be listed" "are translated";

in paragraph three to replace the word "Transfer" with the word "Transfer", "division of settlement network of the Bank of Russia" shall be replaced with words words Bank of Russia, to "division of settlement network of the Bank of Russia" shall be replaced with words words to "division of the Bank of Russia", words of "the settlement document for transfer" shall be replaced with words "orders about transfer";

in paragraph four to replace the word "transfer" with the word "transfer".

1.13. In Item 3.3:

in paragraph one to exclude the word "deposits", the word is "listed" shall be be replaced with words ", provided to the division of the Bank of Russia defined by the agreement of the account are translated", "division of settlement network of the Bank of Russia" shall be replaced with words words Bank of Russia;

in the paragraph the second the word is "listed" to be replaced with the word translated", "division of settlement network of the Bank of Russia" shall be replaced with words words Bank of Russia, after words "organization of the Bank of Russia" to add with words "(Department of supervision of systemically significant credit institutions of the Bank of Russia if it exercised supervision of activities of credit institution)".

1.14. In Item 3.4:

word in paragraph one "division of settlement network of the Bank of Russia" shall be replaced with words Bank of Russia, "Federal Laws" shall be replaced with words words "the legislation of the Russian Federation";

in the paragraph the second "division of settlement network of the Bank of Russia" shall be replaced with words words Bank of Russia.

1.15. In Item 3.7 of the word "division of settlement network of the Bank of Russia" shall be replaced with words Bank of Russia.

1.16. In Item 3.9:

in paragraph one of the word "can be listed" shall be replaced with words "are translated", "division of settlement network of the Bank of Russia" shall be replaced with words words Bank of Russia;

state paragraph two in the following edition:

"For implementation of payments to creditors - to physical persons money is issued by cash according to the procedure, established by regulations of the Bank of Russia, or transferred from the correspondent account of the liquidated credit institution opened in the Bank of Russia, or from the account of the liquidated credit institution opened in the Agency when implementing powers of the receiver (liquidator) by the Agency, on the bank account specified by the creditor based on the register of requirements of creditors, or transferred to the deposit of the notary.";

third after words "organization of the Bank of Russia" to add the paragraph with words "(Department of supervision of systemically significant credit institutions of the Bank of Russia if it exercised supervision of activities of credit institution)".

1.17. In Item 3.10:

word in paragraph one "50.37 Federal Laws "About Insolvency (Bankruptcy) of Credit Institutions" shall be replaced with words "189.93 Federal Laws "About Insolvency (Bankruptcy)", shall be replaced with words the word "correspondent" "special (correspondent)";

in the paragraph the second shall be replaced with words the word "correspondent" "special (correspondent)"," (the representative of the Agency)" to exclude words, "Items 2.2 and 2.4" shall be replaced with words words "Item 2.2".

1.18. In paragraph one of Item 3.11 of the word "division of settlement network of the Bank of Russia" shall be replaced with words Bank of Russia.

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

 

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