INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 12, 2017 No. 4460-U

About procedure for development and approval of the plan of participation of the Bank of Russia by the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank, modification of the approved plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank, representation for consideration of Committee of banking supervision of the Bank of Russia and approval of the plan of participation of the Bank of Russia by the Board of directors of the Bank of Russia in settlement of obligations of bank, about structure of the report of "Managing Company of Fund of Consolidation of Banking Sector" limited liability company on the course of accomplishment of the actions provided by the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank and procedure for its submission to the Bank of Russia

This Instruction based on Items 3 and 5 of Article 189. 49, and also item 4 of article 189.51 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. 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, Art. 4305; 2017, No. 1, Art. 29; No. 18, Art. 2661; No. 25, of the Art. 3596) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes procedure for development and approval of the plan of participation of the Bank of Russia by the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank (further - the plan of participation of the Bank of Russia), modification of the approved plan of participation of the Bank of Russia, representation for consideration of Committee of banking supervision of the Bank of Russia and approval of the plan of participation of the Bank of Russia by the Board of directors of the Bank of Russia in settlement of obligations of bank (further - the settlement plan of obligations), structure of the report of "Managing Company of Fund of Consolidation of Banking Sector" limited liability company (further - Managing company) about the course of accomplishment of the actions provided by the plan of participation of the Bank of Russia (further - the report of Managing company), and procedure for its submission to the Bank of Russia.

Chapter 1. Procedure for development and approval of the plan of participation of the Bank of Russia by the Bank of Russia, modification of the approved plan of participation of the Bank of Russia and representation for consideration of Committee of banking supervision of the Bank of Russia and approval of the settlement plan of obligations by the Board of directors of the Bank of Russia

1.1. The plan of participation of the Bank of Russia, including, if necessary, the schedule of step-by-step repayment of the amount of not paid in means of the required reserves deposited in the Bank of Russia (further - the schedule), it is prepared by Department of financial improvement of the Bank of Russia (further - Department of financial improvement).

1.2. For the purpose of plan development of participation of the Bank of Russia, including the schedule, the Department of financial improvement has the right to receive from structural divisions of the Bank of Russia, Managing company and temporary administration on bank management and to send information having essential value for plan development of participation of the Bank of Russia to their address.

Required information goes structural divisions of the Bank of Russia and Managing company to the Department of financial improvement in time established in the corresponding request of Department of financial improvement.

1.3. The department of financial improvement in time no later than 7 working days from the date of obtaining from structural divisions of the Bank of Russia and Managing company of information according to Item 1.2 of this Instruction sends to the Chairman of Committee of banking supervision of the Bank of Russia the plan of participation of the Bank of Russia, and also the report about removal at consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the Bank of Russia in which reasons for sufficiency of measures for the purposes of recovery of indicators of financial condition of bank to the values established by the Federal Laws and regulations of the Bank of Russia, and possibility of implementation of the proposed measures and also the offer on feasibility (inexpediency) of assignment on Managing company of functions of temporary administration on bank management, rendering financial aid by the Bank of Russia according to Item 8 or Item 12 of article 189.49 of the Federal law "About Insolvency (Bankruptcy)" are reflected.

If the plan of participation provides financial assistance according to Item 8 of article 189.49 of the Federal law "About Insolvency (Bankruptcy)", the report joins reasons for possibility of implementation of the proposed measures taking into account conditions of rendering financial aid by the Bank of Russia.

In need of the report information on possibility of provision to bank of delay (payment by installments) on entering of the amount of not paid in means into the required reserves deposited in the Bank of Russia and also about approval of the scheduled plan joins. The report can also contain information of structural divisions of the Bank of Russia obtained according to Item 1.2 of this Instruction.

1.4. The department of financial improvement no later than the working day following behind day of acceptance by Committee of banking supervision of the Bank of Russia of the decision on the offer to the Board of directors of the Bank of Russia to approve the plan of participation of the Bank of Russia, represents to the Chairman of the Bank of Russia (to person, it replacing) or to the First Deputy Chairman of the Bank of Russia supervising questions of banking supervision (to person, it replacing), the report about removal at consideration of the Board of directors of the Bank of Russia of question of approval of the plan of participation of the Bank of Russia.

No later than the working day following behind day of approval of the plan of participation of the Bank of Russia by the Board of directors of the Bank of Russia, Department of financial improvement:

sends the approved plan of participation of the Bank of Russia to Managing company;

sends the copy of the approved plan of participation of the Bank of Russia to the structural division of the Bank of Russia exercising supervision of activities of bank concerning which according to the plan of participation of the Bank of Russia it is planned to perform measures for the prevention of bankruptcy and also to Department of internal audit of the Bank of Russia (further - Department of internal audit);

sends information on approval of the plan of participation of the Bank of Russia by the Board of directors of the Bank of Russia to Department of the admission and termination of activities of the financial organizations of the Bank of Russia.

1.5. In case of acceptance by Committee of banking supervision of the Bank of Russia of the decision on refusal in the direction to the Board of directors of the Bank of Russia of the offer to approve the plan of participation of the Bank of Russia, acceptance by the Board of directors of the Bank of Russia of the decision on refusal in approval of the plan of participation of the Bank of Russia the Department of financial improvement no later than the working day following behind day of adoption of the specified decisions in writing informs on it Managing company.

1.6. Changes in the plan of participation of the Bank of Russia are developed and affirm the Bank of Russia according to the procedure, similar to the procedure for development and approval of the plan of participation of the Bank of Russia provided by this Chapter.

Changes in the plan of participation of the Bank of Russia after their approval go Department of financial improvement to Managing company, the structural division of the Bank of Russia exercising supervision of activities of bank concerning which according to the plan of participation of the Bank of Russia measures for the prevention of bankruptcy, and also in Department of internal audit are performed.

The department of financial improvement sends to Department of the admission and termination of activities of the financial organizations of the Bank of Russia information on approval of changes in the plan of participation of the Bank of Russia and also provided by the plan of participation of the Bank of Russia (changes in the plan of participation of the Bank of Russia) information on reorganization of bank, on organization and on liquidation of the affiliated and dependent organizations of bank, acquisition and sale of shares (shares) in the authorized capital of the affiliated and dependent organizations of bank, including in foreign banks, about opening and about closing of branches and (or) representative offices of bank in the territory of foreign states, about change of the size of the authorized capital of bank.

1.7. Representation for consideration of Committee of banking supervision of the Bank of Russia and approval of the settlement plan of obligations by the Board of directors of the Bank of Russia is performed according to the procedure, provided for development and approval of the plan of participation of the Bank of Russia.

The settlement plan of obligations shall be considered by Committee of banking supervision of the Bank of Russia and is approved by the Board of directors of the Bank of Russia no later than day of revocation of license on banking operations.

The report about removal at consideration of the Board of directors of the Bank of Russia of question of approval of the settlement plan of obligations is submitted Department of financial improvement to the Chairman of the Bank of Russia (to person, it replacing), to the First Deputy Chairman of the Bank of Russia supervising questions of banking supervision (to person, it replacing), in day of approval by Committee of banking supervision of the Bank of Russia of the settlement plan of obligations.

Chapter 2. Structure and procedure for submission of the report of Managing company

2.1. The managing company with frequency, stipulated in Item 5th article 189.49 of the Federal law "About Insolvency (Bankruptcy)", no later than the fifteenth working day following behind the last day of month under report represents to the Bank of Russia (Department of financial improvement) the report of Managing company constituted according to appendix to this Instruction (further - the monthly report). The monthly report for the last accounting period is submitted no later than the twenty fifth working day of the month following reporting.

The copy of the monthly report in time, specified in paragraph one of this Item, goes Managing company to the structural division of the Bank of Russia exercising supervision of activities of bank concerning which according to the plan of participation of the Bank of Russia measures for the prevention of bankruptcy, and also in Department of internal audit are performed.

By bank inquiry of Russia (Department of financial improvement) the Managing company represents to the time specified in request certified of the procedure for the copy of the documents confirming implementation of the measures for the prevention of bankruptcy of bank provided in the plan of participation of the Bank of Russia established by the legislation of the Russian Federation.

2.2. Submission of the monthly report is performed with compliance with law of the Russian Federation about confidentiality of information of limited access.

Chapter 3. Final provisions

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

Appendix

to the Instruction of the Bank of Russia of July 12, 2017 No. 4460-U "About procedure for development and approval of the plan of participation of the Bank of Russia by the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank, modification of the approved plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank, representation for consideration of Committee of banking supervision of the Bank of Russia and approval of the plan of participation of the Bank of Russia by the Board of directors of the Bank of Russia in settlement of obligations of bank, about structure of the report of "Managing Company of Fund of Consolidation of Banking Sector" limited liability company on the course of accomplishment of the actions provided by the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank and procedure for its submission to the Bank of Russia"

Structure of the report of managing company on the course of accomplishment of the actions provided by the plan of participation of the Bank of Russia

1. The monthly report shall contain:

1.1. full trade name and the reduced trade name (in the presence) bank;

1.2. accounting period;

1.3. data on form and on amounts of the financial aid provided to bank the accruing result from the date of receipt of financial aid;

1.4. information on approach of events (probability of approach of events) with which emergence allocation of additional financial aid can be required (including in the cases determined by the plan of participation of the Bank of Russia);

1.5. information on use of financial aid by bank (on condition of its direction to bank concerning which measures for the prevention of bankruptcy are performed), for example, about conditions of its placement in assets of bank, about fair value of the corresponding assets, about conditions of obligations to which repayment financial aid was directed;

1.6. information on return to the Bank of Russia of the money received as financial aid, for the period since date of provision of financial aid until the end of the accounting period (if according to the plan of participation of the Bank of Russia the specified money is subject to return);

1.7. information on the actions provided by the plan of participation of the Bank of Russia (including about changes of the size of the authorized capital), with indication of the status of accomplishment of such actions, and also in case of failure to carry out of the actions provided by the plan of participation of the Bank of Russia, and (or) violation information on the reasons of such failure to carry out and (or) violation of terms provided by the plan of participation of the Bank of Russia of completion dates of actions;

1.8. information on achievement by bank of the indicators of activities provided by the plan of participation of the Bank of Russia, assessment of reasons for rejection of the actual indicators of activities of bank from the indicators provided by the plan of participation of the Bank of Russia and also impact assessment of these variations on financial position of bank and sales opportunity of the actions provided by the plan of participation of the Bank of Russia in the approved terms (since reporting date, the following ambassador of day of inclusion in the plan of participation of the Bank of Russia of the specified indicators);

1.9. data on dynamics of amount of problem debt, dynamics of amount of the assets of bank which are not used in the main activities, on amount of the created and nedoformirovanny reserves, and also in the presence of the schedule of doformirovaniye of reserves about the size of actually created reserve on each partner specified in this schedule;

1.10. data on amount of the means received as a result of work with problem debt and the assets specified in subitem 1.9 of this Item with disaggregation of changes on assets which size exceeds 1 percent from book value of assets of bank, for the accounting period with indication of including the partner on transactions, financial result from transactions, form of receipt by bank of the income in result of transaction with asset;

1.11. the data characterizing change of financial condition of bank (assets, obligations, net assets, the income and expenses, own means (capital), obligatory standard rates) for the accounting period;

1.12. the data characterizing achievement by bank of the financial and other performance provided by the business plan and (or) the development strategy of bank approved (approved) by governing bodies of bank (including the actual and planned targets of balance sheet items and the profit and loss statement, own means (capital), capital adequacy ratios, other key indicators of activities of bank, variation of the actual indicators from planned) (quarterly in the report for the last month of quarter) in the presence of the specified internal documents;

1.13. information on amount of the stopped obligations of bank on agreements of the subordinated credit (agreements of the deposit, loan, bonded loan), and also on amount of the stopped obligations of bank to managing employees of bank and persons controlling bank on the credits, loans, deposits and other requirements in cash (if the specified obligations of bank were stopped in the accounting period);

1.14. information on non-execution by bank before the Bank of Russia of monetary commitments, including data on the amount of unexecuted monetary commitments and term of their execution;

1.15. data on application by the Bank of Russia to bank in the accounting period of the measures provided by 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; 2019, No. 31, Art. 4430);

1.16. data on organization and on liquidation of the affiliated and dependent organizations of bank, acquisition and sale of shares (shares) in the authorized capital of the affiliated and dependent organizations of bank, and also other changes of structure of banking group or bank holding, parent credit institution or the member of whom (whom) the bank is;

1.17. data about significant, according to Managing company, the events connected with activities of governing bodies of bank including:

data on planning and holding the annual general shareholder meetings and extraordinary general shareholder meetings, about planned and about approved changes in the charter;

the minutes abstracts of meetings or decisions of governing bodies of bank containing:

data on change of the authorized capital of bank;

data on the made decisions on reorganization of bank;

data on the actions made with assets of bank including according to the internal documents of bank approved by governing bodies of bank;

data on accomplishment of the actions provided by the plan of participation of the Bank of Russia;

data on assessment of activities of governing bodies of bank which is carried out according to the charter and internal documents of bank;

1.18. data on the planned decisions on election and on the termination of powers of the person, the sole executive body performing functions, members of collegiate executive body, board members (supervisory board) of bank, about appointment and about dismissal of deputies of person performing functions of sole executive body of bank, the chief accountant, the deputy chief accountant of bank;

1.19. data on amount of remuneration of employees of bank with indication of the number of workers and average earnings on separate employee categories according to the internal documents of bank installing wages system (in the presence of such documents), including on the workers accepting risks according to the Instruction of the Bank of Russia of June 17, 2014 No. 154-I "About evaluation procedure of wages system in credit institution and procedure for the direction in credit institution of the instruction about elimination of violation in its wages system" registered by the Ministry of Justice of the Russian Federation on July 30, 2014 No. 33348, on December 28, 2018 No. 53223 (quarterly in the report for the last month of quarter);

1.20. data on preparation of materials and submission of the claims and (or) statements connected with damnification to bank, claiming damages from the faces controlling bank in law enforcement agencies and courts, and also data on the course of consideration of the specified claims and (or) statements;

1.21. data on presentation to bank of the claims connected with discharge of bank of agreements of the subordinated credit (agreements of the deposit, loan, bonded loan) and (or) discharge of bank before managing employees of bank and persons controlling bank for the credits, loans, deposits and other requirements in cash, and also data on presentation to bank of other claims, the size of claims in which exceeds 1 percent from book value of assets of bank.

According to the decision of Managing company the monthly report joins the data on activities of bank received during the course of performance the actions provided by the plan of participation of the Bank of Russia, not established by this Item.

2. Appendix to the monthly report of Managing company for the last accounting period shall contain information on accomplishment of the actions provided by the plan of participation of the Bank of Russia for the entire period of implementation of the plan of participation of the Bank of Russia, including:

information on the carried-out work, including the data characterizing change of financial condition of bank;

valid conclusion about results of accomplishment of the plan of participation of the Bank of Russia, the analysis of the reasons of failure to carry out (incomplete accomplishment) of the plan of participation of the Bank of Russia (in case of failure to carry out (incomplete accomplishment);

data on remaining balance of debt of bank to the Bank of Russia and (or) investor.

Appendix to the monthly report of Managing company for the last accounting period according to the decision of Managing company can include other information on accomplishment of the actions provided by the plan of participation of the Bank of Russia for the entire period of implementation of the plan of participation of the Bank of Russia.

 

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