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Ministry of Justice

Russian Federation

On October 10, 2018 No. 52392

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 4, 2018 No. 647-P

About determination of the size of credit risk by banks according to transactions of which attraction of money by means of release of debt securities is result obligation fulfillment on each of which is provided fully or partially with cash receipts from the assets transferred to providing

This Provision based on Articles 62, 71.1, 72 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, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, Art. 1584, Art. 1588; No. 18, the Art. 2557) 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 July 2, 2018 No. 23) for the purpose of calculation of capital adequacy ratios of bank establish procedure of payments banks of size of credit risk according to transactions of which attraction of money by means of release of debt securities is result, obligation fulfillment on each of which is provided fully or partially with cash receipts from the assets transferred to providing (further - transactions of securitization).

1. This Provision does not extend:

on investments in securities on which the size of market risk is calculated according to the Provision of the Bank of Russia of December 3, 2015 No. 511-P "About procedure of payments credit institutions of size of market risk", the registered Ministry of Justice of the Russian Federation on December 28, 2015 No. 40328 (further - the Provision of the Bank of Russia No. 511-P);

on transactions of securitization according to which credit risk is not spread between two and more risk line items from among 2 this provision specified in Item which are characterized by various priority of obligation fulfillment according to the transaction of securitization.

2. The participating bank of the transaction of securitization (further - the participant of the transaction) can hold the following risk positions:

investments in the bond with mortgage providing, in mortgage securities (the investment in each release of the specified securities provided with the same mortgage covering (mortgage providing) is separate risk line item);

loan granting (loans), including credits "overdraft", credit lines which conditions of provision provide obligation fulfillment on them after obligation fulfillment with come completion date on other risk line items (other risk line item) specified (specified) in paragraphs the second - the tenth this Item;

provision of providing in the form of the guarantee, independent guarantee (bank guarantee), security deposit, pledge of property, security payment;

the obligation on acquisition and (or) replacement of the assets transferred in providing according to transactions of securitization (further - underlying assets);

the obligation on share acquisition (share in the authorized capital):

the mortgage agent determined in article 2 of the Federal Law of November 11, 2003 No. 152-FZ "About mortgage securities" (The Russian Federation Code, 2003, No. 46, Art. 4448; 2005, No. 1, Art. 19; 2006, No. 31, Art. 3440; 2010, No. 11, Art. 1171; 2011, No. 48, Art. 6728; No. 49, Art. 7040; 2012, No. 26, Art. 3436; No. 53, Art. 7606; 2013, No. 30, Art. 4084; No. 51, Art. 6699; 2015, No. 27, Art. 4001; 2016, No. 1, Art. 81; No. 27, Art. 4294; 2017, No. 27, Art. 3938; No. 48, Art. 7052);

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