INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 27, 2017 No. 4434-U

About modification of the Provision of the Bank of Russia of February 18, 2014 No. 415-P "About procedure and criteria for evaluation of financial position of legal entities - the founders (participants) of credit institution and legal entities making the transactions directed to share acquisition (shares) of credit institution and (or) to establishment of control concerning shareholders (participants) of credit institution"

1. Based on Articles 11, 14 and 16 Federal Laws "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, Art. 4294, Art. 4295; 2017, No. 14, Art. 2000; No. 18, Art. 2661, Art. 2669; No. 25, the Art. 3596) and article 61 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. 1, Art. 46; No. 14, Art. 1997; No. 18, of the Art. 2661, of the Art. 2669) to bring in the Provision of the Bank of Russia of February 18, 2014 No. 415-P "About procedure and criteria for evaluation of financial position of legal entities - the founders (participants) of credit institution and legal entities making the transactions directed to share acquisition (shares) of credit institution and (or) to the establishment of control concerning shareholders (participants) of credit institution" registered by the Ministry of Justice of the Russian Federation on June 2, 2014 No. 32524, on December 10, 2014 No. 35118, on May 20, 2016 No. 42185, on May 4, 2017 No. 46584, the following changes.

1.1. In Item 5.1:

to state the paragraph of the seventh of subitem 5.1.1 in the following edition:

"The foreign legal entity having the credit score on the international rating scale assigned at least to one of foreign credit rating agencies "Es and Pi Global Reytinggs" ("S&P Global Ratings") or "Reytinggs's Fitch" ("Fitch Ratings") at the level not below "BBB-" or "Mudis Investors Service" ("Moody" s Investors Service") at the level not below "Baa3", can provide the statement from the annual and intermediate accounting (financial) accounts specified in this Item.";

state subitem 5.1.13 in the following edition:

"5.1.13. The copy of the information message about assignment to the foreign legal entity foreign credit rating agency of credit rating on the international rating scale (confirmation or review of this credit rating) (further - the copy of the information message about the credit score assigned to the foreign legal entity) if such person the statement from accounting (financial) records specified in paragraph seven of subitem 5.1.1 of this Item is submitted.".

1.2. In Item 5.2:

the paragraph one to state in the following edition:

"5.2. The foreign legal entity having the credit score on the international rating scale assigned at least to one of foreign credit rating agencies "Es and Pi Global Reytinggs" ("S&P Global Ratings") or "Reytinggs's Fitch" ("Fitch Ratings") at the level not below "B+" or "Mudis Investors Service" ("Moody" s Investors Service") at the level not below "B2", or the legal entity created by the legislation of the Russian Federation, having credit rating on national rating scale for the Russian Federation is not lower than the level established by the solution of the Board of directors of the Bank of Russia, No. 222-FZ appropriated at least to one of the credit rating agencies determined by such solution of the Board of directors of the Bank of Russia from among the credit rating agencies entered by the Bank of Russia in the register according to the Federal Law of July 13, 2015 "About activities of credit rating agencies in the Russian Federation, about modification of article 76.1 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" and recognition voided separate provisions of legal acts of the Russian Federation" (The Russian Federation Code, 2015, No. 29, the Art. 4348) (further - the credit score on national rating scale assigned at least to one of the Russian credit rating agencies), for the purpose of, specified in Item 5.1 of this provision, represents:";

the fourth to state the paragraph in the following edition:

"the copy of the information message about the credit score assigned to the foreign legal entity or information on the credit score on national rating scale assigned at least to one of the Russian credit rating agencies and the e-mail address of the official site of this credit rating agency on the Internet on which this information is opened (further - information on the credit score assigned to the legal entity created by the legislation of the Russian Federation).".

1.3. Declare Item 5.3 invalid.

1.4. In Item 5.5:

the paragraph one to state in the following edition:

"5.5. The foreign legal entity having the credit score on the international rating scale assigned at least to one of foreign credit rating agencies is not lower than the levels, specified in paragraph one of Item 5.2 of this provision, or the legal entity created by the legislation of the Russian Federation, having the credit score on national rating scale assigned at least to one of the Russian credit rating agencies, for the purpose of, specified in Item 5.4 of this provision, instead of the documents provided in subitems 5.4.1 and 5.4.2 of Item 5.4 of this provision can provide:";

the fourth to state the paragraph in the following edition:

"the copy of the information message about the credit score assigned to the foreign legal entity or information on the credit score assigned to the legal entity created by the legislation of the Russian Federation.".

1.5. The paragraph one of Item 6.2 to state in the following edition:

"6.2. Assessment of financial position for the purpose of establishment of sufficiency of the corrected net assets (own means) of the foreign legal entity having the credit score on the international rating scale assigned at least to one of foreign credit rating agencies is not lower than the levels, specified in paragraph one of Item 5.2 of this provision, or the legal entity created by the legislation of the Russian Federation, having the credit score on national rating scale assigned at least to one of the Russian credit rating agencies is carried out in the cases specified:".

1.6. In Item 8.2:

to state the paragraph of the seventh of subitem 8.2.1 in the following edition:

"The foreign bank having the credit score on the international rating scale assigned at least to one of foreign credit rating agencies is not lower than the levels, specified in paragraph one of Item 5.2 of this provision, can not represent the data specified in paragraph three of this subitem and subitem 5.1.7 of Item 5.1 (when checking legitimacy of payment of shares (shares) by the affiliate of credit institution - in paragraph three of this subitem and the paragraph the fourth subitem 5.4.2 of Item 5.4 of this provision). Instead of the specified documents the copy of the information message about the credit score assigned to the foreign legal entity is submitted.";

to state the paragraph of the sixth of subitem 8.2.2 in the following edition:

"The foreign bank having the credit score on the international rating scale assigned at least to one of foreign credit rating agencies is not lower than the levels, specified in paragraph one of Item 5.2 of this provision, can not represent the data provided by the paragraph the fourth subitem 5.4.2 of Item 5.4 of this provision. In this case foreign bank the copy of the information message about the credit score assigned to the foreign legal entity is submitted.".

1.7. To state the paragraph of the sixth of Item 10.5 in the following edition:

"The foreign legal entity having the credit score on the international rating scale assigned at least to one of foreign credit rating agencies is not lower than the levels, specified in paragraph one of Item 5.2 of this provision, or the legal entity created by the legislation of the Russian Federation, having the credit score on national rating scale assigned at least to one of the Russian credit rating agencies having the right to provide instead of the documents specified in Item 10.3 of this provision the copy of the information message about the credit score assigned to the foreign legal entity or information on the credit score assigned to the legal entity created by the legislation of the Russian Federation, respectively.".

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

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