FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 2017 No. 281-FZ

About modification of separate legal acts of the Russian Federation regarding enhancement of mandatory requirements to founders (participants), governing bodies and officials of the financial organizations

Accepted by the State Duma on July 21, 2017

Approved by the Federation Council on July 25, 2017

Article 1

Bring in 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; 1999, No. 28, Art. 3469; 2001, No. 26, Art. 2586; 2002, No. 12, Art. 1093; 2004, No. 27, Art. 2711; 2006, No. 19, Art. 2061; 2007, No. 1, Art. 9; 2009, No. 9, Art. 1043; No. 52, Art. 6428; 2010, No. 30, Art. 4012; 2011, No. 27, Art. 3873, 3880; No. 49, Art. 7069; 2012, No. 53, Art. 7607; 2013, No. 19, Art. 2317; No. 27, Art. 3438, 3477; No. 49, Art. 6336; 2014, No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 51, Art. 7243; 2016, No. 1, Art. 23; 2017, No. 18, Art. 2661, 2669) following changes:

1) in Article 11:

a) in part five of the word "has the right to establish" to replace with the word "establishes";

b) the eighth to state part in the following edition:

"If other is not established by the Federal Laws, acquisition (except for case if shares (shares) are acquired under organization of credit institution), including as a result of donation, and (or) obtaining in trust management (further - acquisition) as a result of implementation of one transaction or several transactions by one legal or physical person more than one percent of shares (shares) of credit institution more than 10 percent - prior consent of the Bank of Russia require the notification of the Bank of Russia, and. The requirements established by this Article extend also to acquisition cases more than one percent of shares (shares) of credit institution, more than 10 percent of shares (shares) of credit institution the group of persons determined according to the Federal Law of July 26, 2006 No. 135-FZ "About protection of the competition" (further - group of persons).";

c) in part 11 of the word "on acquisition cases more than one percent of shares (shares) of credit institution, more than 10 percent of shares (shares) of credit institution and (or)" and word", recognized that according to the Federal Law of July 26, 2006 No. 135-FZ "About protection of the competition" to exclude;

d) the thirteenth to state part in the following edition:

"The notification on acquisition more than one percent of shares (shares) of credit institution and (or) about establishment of control concerning shareholders (participants) of credit institution goes to the Bank of Russia no later than 30 days from the date of share acquisition (shares) of the credit institution and (or) transaction (transactions) directed to establishment of control concerning shareholders (participants) of credit institution.";

e) in part fourteen of the word "in case of public placement of shares" shall be replaced with words "in case of public placement and (or) the public circulation of shares", shall be replaced with words the words "in case of public placement of shares and (or)" "in case of public placement and (or) the public circulation of shares, and also";

e) the fifteenth after the words "more than one percent of shares (shares) of credit institution" to add part with the words "and (or) about establishment of control concerning shareholders (participants) of credit institution";

g) regarding the sixteenth:

in paragraph one of the word "has the right to refuse" "refuses" to replace with the word;

state Item 1 in the following edition:

"1) establishments of unsatisfactory financial position according to the bases for recognition of financial position unsatisfactory, established by the regulation of the Bank of Russia, the following persons:

the physical person or legal entity making the transaction (transactions) directed to acquisition more than 10 percent of shares (shares) of credit institution, and also the physical person or legal entity exercising control concerning the specified legal entity;

the physical person or legal entity which is making the transaction (transactions) directed to acquisition 10 and less percent of shares (shares) of credit institution, and being part of the group of persons acquiring more than 10 percent of shares (shares) of credit institution, and also the physical person or legal entity exercising control concerning the specified legal entity;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning shareholders (participants) of credit institution;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning 10 and less percent of shares (share) of credit institution and these shareholders (participants) if as a result of making of such transaction (such transactions) the specified shareholders (participants) are part of the group of persons owning more than 10 percent of shares (share) of credit institution;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning the shareholders (participants) who are owning 10 and less percent of shares (share) of credit institution and being part of the group of persons owning more than 10 percent of shares (share) of credit institution;";

state item 4 in the following edition:

"4) establishments according to the bases, stipulated in Item 5 parts one of article 16 of this Federal Law, unsatisfactory goodwill of the following persons:

the physical person or legal entity making the transaction (transactions) directed to acquisition more than 10 percent of shares (shares) of credit institution, and also the physical person or legal entity exercising control concerning the specified legal entity;

the physical person or legal entity which is making the transaction (transactions) directed to acquisition 10 and less percent of shares (shares) of credit institution, and being part of the group of persons acquiring more than 10 percent of shares (shares) of credit institution, and also the physical person or legal entity exercising control concerning the specified legal entity;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning shareholders (participants) of credit institution;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning 10 and less percent of shares (share) of credit institution and these shareholders (participants) if as a result of making of such transaction (such transactions) the specified shareholders (participants) are part of the group of persons owning more than 10 percent of shares (share) of credit institution;

the physical person or legal entity making the transaction (transactions) directed to establishment of control concerning the shareholders (participants) who are owning 10 and less percent of shares (share) of credit institution, being part of the group of persons owning more than 10 percent of shares (share) of credit institution;

sole executive body of the legal entity making such transaction (such transactions), sole executive body of the legal entity exercising control concerning the legal entity making such transaction (such transactions) directed to share acquisition (shares) of credit institution, sole executive body of legal entities - shareholders (participants) of credit institution specified in paragraph five of this Item;";

h) part the seventeenth to recognize invalid;

i) add with parts of the nineteenth and twentieth of the following content:

"The financial position of the following persons shall conform to the requirements established by the regulation of the Bank of Russia during the entire period of shareholding (shares) of credit institution and control:

legal entities - shareholders (participants) owning more than 10 percent of shares (share) of credit institution and the legal entities exercising control concerning such shareholders (participants);

legal entities - the shareholders (participants) who are owning 10 and less percent of shares (share) of credit institution and being part of the group of persons owning more than 10 percent of shares (share) of credit institution and the legal entities exercising control concerning such shareholders (participants).

The credit institution shall in writing according to the procedure, established by the regulation of the Bank of Russia, to notify the Bank of Russia on the discrepancy facts the established this Federal Law to requirements revealed by it concerning the following persons:

the physical persons or legal entities owning more than 10 percent of shares (share) of credit institution;

the physical persons or legal entities which are owning 10 and less percent of shares (share) of credit institution and being part of the group of persons owning more than 10 percent of shares (share) of credit institution;

the physical persons or legal entities exercising control concerning shareholders (participants) owning more than 10 percent of shares (share) of credit institution;

the physical persons or legal entities exercising control concerning the shareholders (participants) owning 10 and less percent of shares (share) of credit institution and being part of the group of persons owning more than 10 percent of shares (share) of credit institution;

persons performing functions of sole executive body of the specified legal entities.";

Article 11.1 to state 2) in the following edition:

"Article 11.1. Governing bodies of credit institution

Governing bodies of credit institution along with general meeting of her founders (participants) are the board of directors (supervisory board), sole executive body and collegiate executive body.

The current management of activities of credit institution is performed of its sole executive body and collegiate executive body.

When electing persons in structure of the board of directors (supervisory board) of credit institution and to position of the chairman of the board of directors (supervisory board) of credit institution restrictions, stipulated in Item 4 Articles 65.3 of the Civil code of the Russian Federation shall be observed. Person performing functions of sole executive body, his deputy, the member of collegiate executive body (further - the head of credit institution), the chief accountant or the deputy chief accountant of credit institution, the head, the chief accountant of branch of the credit institution having no right to perform functions of the head, the chief accountant in other organizations which are credit institutions, foreign banks, the insurance or clearing organizations, professional participants of the security market, organizers of trade in the goods and (or) financial markets, the joint-stock investment funds specialized by depositaries of investment funds, mutual investment funds and non-state pension funds, the organizations performing activities for provision of pensions and pension insurance, managing companies of investment funds mutual investment funds and non-state pension funds, microfinance companies, and also in the organizations which are engaged in leasing activities or being affiliates in relation to credit institution (except for case if credit institutions (foreign bank and credit institution) are on the relation to each other the main and affiliated economic societies).

Person performing functions of the board member (supervisory board) of credit institution, and the candidate for the specified position shall conform to requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law, and also the qualification requirements established according to the Federal Laws.

If concerning the board member (supervisory board) of credit institution the conviction of court for making of intentional crime took legal effect or the judgment about involvement of the board member (supervisory board) of credit institution to subsidiary responsibility according to obligations of the credit or not credit financial institution (became effective further in case of joint mentioning - the financial organization) or to responsibility in the form of claiming damages for benefit of the financial organization according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - the Federal Law "About Insolvency (Bankruptcy)") or about purpose of administrative punishment in the form of disqualification, the specified board member (supervisory board) is considered disposed from structure of the board of directors (supervisory board) from the date of entry into force of the relevant decision of court.

The credit institution shall notify in writing the Bank of Russia on election (release) of the board member (supervisory board) within three working days from the date of adoption of such decision and submit data and documents, stipulated in Item 10 parts one of article 14 of this Federal Law.

The credit institution according to the procedure established by parts eight and the tenth this Article can assign separate obligations of persons specified in the part eight of this Article providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia on the persons holding the positions specified in parts nine of this Article, and other positions in credit institution and conforming to qualification requirements and requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law.

Person performing functions of the head of credit institution, the chief accountant, the deputy chief accountant of credit institution, the head, the chief accountant of branch of credit institution (except for the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities) and sole executive body and the chief accountant of the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities in case of approval of candidates, appointment (election) to positions and during the entire period of implementation of functions on the specified positions, including temporary execution of job responsibilities, shall conform to qualification requirements and requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law.

Person performing functions of the deputy of sole executive body, the member of collegiate executive body, the deputy chief accountant, the head or the chief accountant of branch and also candidates for the specified positions of the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities in case of their appointment (election) to positions and during the entire period of implementation of functions by them on the specified positions (including temporary execution of job responsibilities) shall conform to requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law.

For receipt of consent of the Bank of Russia the credit institution (including the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities) shall direct the petition for approval of candidates for the positions specified in part eight of this Article (assignment of temporary fulfillment of duties on these positions and (or) execution of the separate obligations providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia) and to submit the data and documents provided by Items 8 - 10 parts one of article 14 of this Federal Law. The Bank of Russia in a month from the date of receipt of such documents according to the procedure, provided by the regulation of the Bank of Russia, agrees to appointment (election) of specified persons to the listed positions or represents motivated refusal in writing on the bases, stipulated in Item 1 part one of article 16 of this Federal Law. The refusal of the Bank of Russia in consent to appointment (election) of the candidate can be appealed by it judicially.

The credit institution (including the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities) shall according to the procedure, established by the regulation of the Bank of Russia, in writing to notify the Bank of Russia on appointment (election) of candidates for the positions specified in parts eight and the ninth this Article (assignment of temporary fulfillment of duties on these positions and (or) execution of the separate obligations providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia), within three working days from the date of adoption of such decision and on release of specified persons from posts (release from temporary fulfillment of duties on these positions and (or) execution of the separate obligations providing the order right money being on the accounts of credit institution opened in the Bank of Russia) no later than the working day following behind day of adoption of such decision.

If the credit institution (including the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities) after receipt of consent of the Bank of Russia to appointment (election) of the candidates specified in parts seven and the eighth this Article and before their actual appointment (election) to the positions specified in part eight of this Article (assignment of temporary fulfillment of duties on these positions and (or) execution of the separate obligations providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia), elicits the facts of discrepancy of candidates to qualification requirements and (or) requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law, the credit institution shall refuse to the candidate position assignment and no later than one working day following behind day of identification of such facts in writing to notify on it the Bank of Russia with indication of the facts which entailed adoption of such decision. At the same time the positive conclusion of the Bank of Russia about approval of the candidate is considered cancelled.

If the facts of discrepancy to qualification requirements and (or) requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law, are revealed by credit institution after the actual appointment (election) of candidates for the positions specified in part eight of this Article (assignment of temporary fulfillment of duties on the specified positions and (or) execution of the separate obligations providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia), or to the positions listed in part nine of this Article (assignment of temporary fulfillment of duties on the specified positions), the credit institution shall:

1) no later than two working days following behind day of identification of such facts in writing to notify on it the Bank of Russia (with indication of the corresponding facts);

2) no later than one month from the date of identification of such facts according to the procedure, provided by the labor law to relieve person of the post (to exempt from temporary fulfillment of duties on this position and (or) execution of the separate obligations providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia);

3) to notify the Bank of Russia on the release of person from post (release from temporary fulfillment of duties on this position and (or) execution of the separate obligations providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia) according to the procedure provided by part eleven of this Article.

If after the direction the credit institution of the notification provided by part six of this Article, credit institution elicit the facts testimonial of discrepancy of goodwill of the elected board member (supervisory board) to requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law, the credit institution shall notify in writing no later than three working days following behind day of identification of such facts the Bank of Russia on it (with indication of the corresponding facts), and also on the measures for the termination of powers of the specified person taken by credit institution.

In case of non-execution of obligations by credit institution, stipulated in Item 3 parts thirteen and part fourteen of this Article, or in case of independent identification of the facts of discrepancy by the Bank of Russia to qualification requirements and (or) requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law, persons specified in parts four, the seventh - the ninth this Article, the Bank of Russia sends to credit institution the instruction with the requirement about their replacement according to the procedure, established by the regulation of the Bank of Russia.

In the cases established by the Federal Law "About Insolvency (Bankruptcy)", powers of sole executive body of bank can be performed by "Managing Company of Fund of Consolidation of Banking Sector" limited liability company. At the same time provisions of parts eight and the tenth this Article are not applied.";

3) in Article 11.1-2:

a) the second to state part in the following edition:

"Person in case of position assignment of the head of service of risk management, the head of service of internal audit or the head of internal control of credit institution and during the entire period of implementation of functions on the specified positions (including temporary fulfillment of duties) shall conform to the qualification requirements established by the Bank of Russia and stipulated in Item 1 part one of article 16 of this Federal Law to requirements to goodwill. Person in case of position assignment of the special official responsible for implementation of rules of internal control in credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, and during the entire period of implementation of functions on the specified position (including temporary fulfillment of duties) shall conform to the qualification requirements established by the Bank of Russia in coordination with the authorized body performing functions on counteraction of legalization (washing) of income gained in the criminal way, to both terrorism financing, and requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law.";

b) third after words of "the head of internal control of credit institution" to add part with words ", the special official responsible for implementation of rules of internal control in credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing,";

c) the fourth after words of "the head of internal control of credit institution" to add part with words ", the special official responsible for implementation of rules of internal control in credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing,";

d) add with parts six - the eighth the following content:

"The notification procedure of the Bank of Russia about position assignment (about dismissal) the head of service of risk management, the head of service of the internal audit, the head of internal control of credit institution and the special official responsible for implementation of rules of internal control in credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, is established by regulations of the Bank of Russia.

If after the actual appointment of person to position of the head of service of risk management, the head of service of internal audit or the head of internal control of credit institution the facts of its discrepancy to the qualification requirements established by the Bank of Russia are elicited (in case of position assignment of the special official responsible for implementation of rules of internal control in credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, - to the qualification requirements established by the Bank of Russia in coordination with the authorized body performing functions on counteraction of legalization (washing) of income gained in the criminal way and terrorism financing) and (or) the facts of discrepancy of the specified person to requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law are elicited, the credit institution shall:

1) no later than two working days following behind day of identification of such facts in writing to notify on it the Bank of Russia (with indication of the corresponding facts);

2) no later than one month from the date of identification of such facts according to the procedure, provided by the labor law to relieve the specified person of the post (to exempt from temporary fulfillment of duties on this position);

3) to notify the Bank of Russia on the release of the specified person from post (release from temporary fulfillment of duties on this position) according to the procedure provided by part five of this Article.

In case of non-execution of obligation by credit institution, stipulated in Item 3 parts seven of this Article, or in cases of independent identification by the Bank of Russia of the facts of discrepancy of persons specified in part two of this Article, to the qualification requirements established by the Bank of Russia (concerning the special official responsible for implementation of rules of internal control in credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, - to the qualification requirements established by the Bank of Russia in coordination with the authorized body performing functions on counteraction of legalization (washing) of income gained in the criminal way and terrorism financing) and (or) independent identification of the facts of discrepancy of specified persons by the Bank of Russia to requirements to goodwill, stipulated in Item 1 part one of article 16 of this Federal Law, The Bank of Russia sends to credit institution the instruction with the requirement about replacement of specified persons according to the procedure, established by regulations of the Bank of Russia.";

Article 11.3 to state 4) in the following edition:

"Article 11.3. Elimination of the violations allowed in case of share acquisition (shares) of credit institution

The Bank of Russia constitutes the instruction about elimination of violation in case of detection of violation of requirements of this Federal Law by it and the regulation of the Bank of Russia adopted according to it about receipt of consent of the Bank of Russia to acquisition more than 10 percent of shares (shares) of credit institution or on establishment of control concerning shareholders (participants) of credit institution (further in this Article - the instruction of the Bank of Russia about violation elimination) the following persons:

1) the physical person or legal entity which made the transaction (transactions) directed to acquisition more than 10 percent of shares (shares) of credit institution;

2) the physical person or legal entity which made the transaction (transactions) directed to acquisition 10 and less percent of shares (shares) of credit institution, and being part of the group of persons which acquired more than 10 percent of shares (shares) of credit institution;

3) the physical person or legal entity which made the transaction (transactions) directed to establishment of control concerning shareholders (participants) of credit institution;

4) the physical person or legal entity which made the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning in 10 and less percent of shares (share) of credit institution if as a result of making of such transaction (such transactions) the specified shareholders (participants) were part of the group of persons owning more than 10 percent of shares (share) of credit institution;

5) the physical person or legal entity which made the transaction (transactions) directed to establishment of control concerning the shareholders (participants) who are owning in 10 and less percent of shares (share) of credit institution and being part of the group of persons owning in more than 10 percent of shares (share) of credit institution.

The instruction of the Bank of Russia about elimination of violation goes the Bank of Russia to the persons specified in part one of this Article no later than 30 days from the date of detection of such violation. The Bank of Russia posts on the official site on the Internet information on the directed instruction of the Bank of Russia on elimination of violation no later than day of its direction.

Copies of the instruction of the Bank of Russia about elimination of violation go to credit institution, and also to other persons whose list is determined by the regulation of the Bank of Russia. The credit institution no later than the day following behind day of receipt of the copy of the instruction shall inform the shareholders (participants) information on the receipt of the specified copy of the instruction according to the procedure provided by the regulation of the Bank of Russia.

The instruction of the Bank of Russia about elimination of violation is subject to execution by the persons specified in part one of this Article, who allowed violation, in time no more than 90 days from the date of receipt of such instruction one of the following methods:

1) obtaining from the Bank of Russia of subsequent consent to share acquisition (shares) of credit institution or on establishment of control concerning shareholders (participants) of credit institution performed with violation, according to the procedure, established by the regulation of the Bank of Russia;

2) transaction (transactions), directed to alienation of shares (shares) (the termination of trust management of shares (shares) of credit institution which are acquired with violation, and (or) the transaction (transactions) directed to the termination of the control concerning shareholders (participants) of credit institution established with violation.

Person which performed the instruction of the Bank of Russia about elimination of violation by transactions, 2 parts four of this Article specified in Item no later than five days from the date of execution of the instruction shall notify on it credit institution and the Bank of Russia according to the procedure, established by the regulation of the Bank of Russia.

The instruction of the Bank of Russia about elimination of violation is subject to cancellation by the Bank of Russia in case of accomplishment of the requirements specified in it. The act of the Bank of Russia of cancellation of the instruction of the Bank of Russia of elimination of violation goes to the persons who received such instruction. Copies of the act of the Bank of Russia of cancellation of the instruction of the Bank of Russia about elimination of violation go to the persons who received copies of such instruction. The form and procedure for the direction of the instruction of the Bank of Russia of elimination of violation and the act of the Bank of Russia of its cancellation are established by the regulation of the Bank of Russia. Information on cancellation of the instruction of the Bank of Russia on elimination of violation is placed no later than day of the direction of the act of the Bank of Russia of its cancellation on the official site of the Bank of Russia on the Internet according to the procedure established by the Bank of Russia.

The credit institution no later than the day following behind day of receipt of the copy of the act of the Bank of Russia of cancellation of the instruction of the Bank of Russia about violation elimination shall inform the shareholders (participants) information on the receipt of the specified copy of the act according to the procedure provided by the regulation of the Bank of Russia.

From the date of placement on the official site of the Bank of Russia on the Internet according to part one of this Article of information on the directed instruction of the Bank of Russia about elimination of violation and about day of placement of information on its cancellation:

1) the physical person or legal entity specified in Item of 1 part one of this Article, which allowed violation has the right to vote only by such number of shares (shares) of credit institution concerning which the separate consent of the Bank of Russia was received if need of receipt of such consent is provided by this Federal Law;

2) the physical person or legal entity specified in Item 2 parts one of this Article, which allowed violation has the right to vote only according to shares (shares) of credit institution which in total with shares (shares) of the other persons who are part of group of persons which includes such physical person or legal entity do not exceed 10 percent of shares (shares) of credit institution. At the same time the specified physical person or legal entity which allowed violation and also each of the other persons who are part of such group of persons has the right to vote according to shares (shares) of credit institution in the quantity pro rata to the number of the stocks (shares) of credit institution owned by them. The procedure for determination of the specified number of shares (shares) of credit institution granting voting power is established by the regulation of the Bank of Russia;

3) the shareholder (participant) of credit institution concerning whom control is established by the physical person or legal entity specified in Item 3 parts one of this Article with violation has the right to vote only according to shares (shares) of credit institution which do not exceed 10 percent of shares (shares) of credit institution;

4) shareholders (participants) of credit institution concerning whom control is established by the physical persons or legal entities specified in items 4 and 5 parts one of this Article with violation have the right to vote only according to shares (shares) of credit institution which in total with shares (shares) of the other persons who are part of group of persons which the specified shareholders (participants) of credit institution enter do not exceed 10 percent of shares (shares) of credit institution. At the same time the specified shareholders (participants) of credit institution, and also other persons who are part of such group of persons have the right to vote according to shares (shares) of credit institution in the quantity pro rata to the number of the stocks (shares) of credit institution owned by them. The procedure for determination of the specified number of shares (shares) of credit institution granting voting power is established by the regulation of the Bank of Russia.

Other shares (shares) of credit institution acquired with violation or belonging to group of persons which part person which acquired the shares (shares) of credit institution with violation or belonging to the shareholder (participant) of credit institution concerning whom control is established with violation, or belonging to group of persons which part the shareholder (participant) of credit institution concerning whom control is established with violation is is are not voting and are not considered in case of determination of quorum of general shareholder meeting (participants) of credit institution. Established by part eight of this Article and this part of restriction do not extend to cases if the protocol of general shareholder meeting (participants) of credit institution is constituted in day of placement by the Bank of Russia of information on the directed instruction of the Bank of Russia about elimination of violation or earlier specified day.

The Bank of Russia within one year from the date of the direction of the instruction specified in part one of this Article having the right to appeal judicially the decisions of general shareholder meeting (participants) of credit institution made with violation of the requirements established by parts eight both the ninth this Article and the transactions made in pursuance of the specified decisions if participation in vote by the shares (shares) acquired with violation or belonging to group of persons which part person which acquired shares (shares) of credit institution with violation or participation in shareholder voting (participants) of credit institution concerning whom control is established with violation, or shareholders (participants), being part of group of persons in which enters the shareholder (participant) of credit institution concerning whom control is established with violation is affected the decisions made by general meeting of shareholders (participants) of credit institution.

In case of non-execution at the scheduled time by the physical persons or legal entities specified in part one of this article, instruction of the Bank of Russia about violation elimination the Bank of Russia has the right to submit claim for recognition of the invalid transaction (transactions) directed to acquisition more than 10 percent of shares (shares) of credit institution, the transaction (transactions), directed to acquisition 10 and less percent of shares (shares) of credit institution by person which is part of group of persons, acquired more than 10 percent of shares (shares) of credit institution, the transaction (transactions) directed to establishment of control concerning shareholders (participants) of credit institution, the transaction (transactions) directed to establishment of control concerning shareholders (participants) owning 10 and less percent of shares (share) of credit institution if as a result of making of such transaction (such transactions) the specified shareholders (participants) were part of group of persons, the credit institution, or the transaction (transactions) directed to establishment of control concerning the shareholders (participants) who are owning 10 and less percent of shares (share) of credit institution, being part of the group of persons owning more than 10 percent of shares (share) of credit institution, and also the subsequent transactions of the specified persons directed to share acquisition (shares) of this credit institution, and (or) the transactions directed to establishment of control concerning shareholders (participants) of this credit institution owning more than 10 percent of shares (share).";

5) in Article 14:

a) in part one:

state Item 6 in the following edition:

"6) documents (according to the list established by the regulation of the Bank of Russia) for assessment of financial position of physical persons or legal entities - founders (participants) of credit institution, the physical persons or legal entities exercising control concerning founders (participants) of credit institution, the acquiring more than 10 percent of shares (shares) of credit institution, physical persons or legal entities exercising control concerning founders (participants) of credit institution, acquiring 10 and less percent of shares (shares) of credit institution which are part of the group of persons acquiring more than 10 percent of shares (shares) of credit institution including audit opinions about accounting (financial) records of founders (participants) - legal entities;";

in Item 7 of the word "established by regulations" shall be replaced with words "established by the regulation", "founders" shall be replaced with words the word "founders (participants)";

state Item 8 in the following edition:

"8) questionnaires of candidates for positions of the head of credit institution, the chief accountant, deputy chief accountants of credit institution, the head, the chief accountant of branch of credit institution (except for the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities). The specified questionnaires are filled in with these candidates with own hand or using technical means, signed by them with own hand and shall contain the data established by regulations of the Bank of Russia, and also the data:

about availability at the candidate for position of the head of credit institution and the head of branch of credit institution of the higher education (bachelor degree, specialist programme, magistracy, training of the top skills) (further - the higher education) with submission of the copy of the education document and about qualification, and also about experience of management of credit institutions, the department or other division of credit institution connected with banking operations, experience of management of persons recognized according to article 76.1 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" not credit financial credit institutions (except for pawnshops), or work experience on executive positions in public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, the Bank of Russia at least two years;

about availability at the candidate for position of the chief accountant, the deputy chief accountant of credit institution and the chief accountant of branch of credit institution of the higher education (with submission of the copy of the education document and about qualification) and work experience, connected with conducting financial accounting, creation of accounting (financial) records or with auditor activities in the financial organization, at least one year;

about availability (about absence) criminal records (with submission of the original of the certificate of availability (about absence) the criminal record issued by the Ministry of Internal Affairs of the Russian Federation);";

in Item 9 shall be replaced with words the word "with own hand" "with own hand or using technical means, are signed by them with own hand";

state Item 10 in the following edition:

"10) documents (according to the list established by regulations of the Bank of Russia), necessary for goodwill assessment:

persons specified in parts four, the seventh - the ninth article 11.1 and part two of article 11.1-2 of this Federal Law;

physical persons or legal entities - founders (participants), the acquiring more than 10 percent of shares (shares) of credit institution, and physical persons or legal entities exercising control concerning the specified legal entities;

physical persons or legal entities - the founders (participants) who are acquiring 10 and less percent of shares (shares) of credit institution and being part of the group of persons acquiring more than 10 percent of shares (shares) of credit institution, and physical persons or legal entities exercising control concerning the specified legal entities;

persons performing functions of sole executive body of the specified legal entities;

and also the other persons specified in part four of article 16 of this Federal Law.";

b) part third to recognize invalid;

6) in Article 16:

a) in part one:

state Item 1 in the following edition:

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