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Ministry of Justice

Russian Federation

On December 10, 2009 No. 15498

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 12, 2009 No. 347-P

About payment procedure of the authorized capital of banks federal loan bonds, and also about procedure of issue of the preferred and ordinary shares placed within the procedure of increase in capitalization

(The last edition from 02-06-2017)

This Provision according to the Federal Law of July 18, 2009 No. 181-FZ "About use of government securities of the Russian Federation for increase in capitalization of banks" (The Russian Federation Code, 2009, No. 29, the Art. 3618) (further - the Federal Law) 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 August 7, 2009 No. 15) establish payment procedure of the authorized capital of the banking credit institutions which are joint-stock companies (further - banks), federal loan bonds, and also procedure of issue of the preferred and ordinary shares placed within the procedure of increase in capitalization.

Chapter 1. General provisions

1.1. Authorized capital payment of banks federal loan bonds, and also implementation of issue of the preferred and ordinary shares placed within the procedure of increase in capitalization is performed according to the procedure, established by the Instruction of the Bank of Russia of April 2, 2010 N 135-I "About procedure for adoption by the Bank of Russia of the decision on the state registration of credit institutions and issue of licenses for banking operations" registered by the Ministry of Justice of the Russian Federation on April 22, 2010 N 16965, on December 17, 2010 N 19217, on June 15, 2011 N 21033, on September 22, 2011 N 21869, on December 16, 2011 N 22645 ("the Bulletin of the Bank of Russia" of April 30, 2010 N 23, of December 30, 2010 N 73, of June 22, 2011 N 33, of September 28, 2011 N 54, of December 21, 2011 N 72), (further - the Instruction of the Bank of Russia N 135-I) and the Instruction of the Bank of Russia of March 10, 2006 N 128-I "About rules of release and registration of securities by credit institutions in the territory of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on April 13, 2006 N 7687, on February 20, 2007 N 8964, on April 23, 2007 N 9309, on February 12, 2010 N 16391, on July 6, 2010 N 17725 ("the Bulletin of the Bank of Russia" of April 27, 2006 N 25, of March 1, 2007 N 11, of May 3, 2007 N 24, of February 17, 2010 N 7, of July 14, 2010 N 40), (further - the Instruction of the Bank of Russia N 128-I) taking into account the features established by the Federal Law and this Provision.

1.2. Do not extend to the procedure of increase in capitalization performed according to the Federal Law:

restriction for the ratio of nominal value of the placed preferred shares to the registered authorized capital established by subitem 2.5.2 of Item 2.5 of the Instruction of the Bank of Russia No. 128-I.

1.3. State registration of release (additional release) and the report on release results (additional release) of bank shares according to the Federal Law is performed by the Bank of Russia (Department of the corporate relations of the Bank of Russia) (further - registering body).

Chapter 2. Features of issue of preferred shares of banks within the procedure of increase in capitalization

2.1. According to part 2 of article 5 of the Federal Law the decision on release of preferred shares within the procedure of increase in capitalization shall contain information on quantity and total nominal value of the placed preferred shares acquired by the Russian Federation according to the decision on satisfaction of the offer on participation of this bank in the procedure of increase in capitalization of banks.

If the amount of the placed preferred shares acquired by the Russian Federation is less, than it was determined by the decision on share placing of bank, that quantity of the placed preferred shares acquired by the Russian Federation is determined in the decision on release by division of total nominal value of the federal loan bonds which are subject to exchange for preferred shares within the procedure of increase in capitalization into nominal value of one preferred share of bank.

If as a result of division the fractional number of preferred shares, that number of the preferred shares which are subject to exchange within the procedure of increase in capitalization is formed rounded down to integer.

2.2. For registration of release of preferred shares the documents provided by paragraphs the second or fifth, thirteenth or sixteenth twenty are submitted to registering body to pervymdvadtsat third Item 13.1 of the Instruction of the Bank of Russia No. 128-I, and the copy of the decision on satisfaction of the offer on participation in the procedure of the increase in capitalization provided by part 3 of article 4 of the Federal Law.

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