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Ministry of Justice

Russian Federation

On August 22, 2017 No. 47896

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 13, 2017 No. 4404-U

About procedure for representation of insurance company to receivers in the Bank of Russia of the documents and information provided by Items 9 and 10 of article 184.4-1 of the Federal law "About Insolvency (Bankruptcy)", procedure for withdrawal by the receiver at insurance agents and other persons to whom forms of the strict reporting of insurance company, forms of the strict reporting of insurance company and their destruction by the receiver were transferred

This Instruction according to Items 5, the 9 and 10 article 184.4-1 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, 3596) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes the Art.:

procedure and terms of the direction to receivers of insurance company (further - the receiver) in the Bank of Russia of the copy of the report on the activities and the copy of the report on results of carrying out bankruptcy proceedings;

procedure for representation to receivers in the Bank of Russia of accounting (financial) and statistical records of insurance company, and also information on the course of bankruptcy proceedings, including the report on use of money of the debtor, by bank inquiry of Russia;

procedure for withdrawal by the receiver and transfers by insurance agents and other persons to whom forms of the strict reporting of insurance company were transferred (further - BSO), to the receiver of BSO and other documents which safety the insurance company according to requirements of the legislation of the Russian Federation regulating insurance activity and regulations of the Bank of Russia shall ensure (further - other documents of insurance company);

procedure for destruction by the receiver of BSO.

Chapter 1. Procedure and terms of the direction to receivers in the Bank of Russia of the copy of the report on the activities and the copy of the report on results of carrying out bankruptcy proceedings

1.1. The receiver sends to the Bank of Russia the copy of the report on the activities constituted according to article 143 of the Federal law "About Insolvency (Bankruptcy)", no later than 30 calendar days from the date of consideration of the specified report creditor meeting (creditor committee) of insurance company.

1.2. The receiver sends to the Bank of Russia the copy of the report on results of carrying out the bankruptcy proceedings constituted according to article 147 of the Federal law "About Insolvency (Bankruptcy)", within 1 working day from the date of the direction according to Item 1 of article 147 of the Federal law "About Insolvency (Bankruptcy)" of the specified report in Arbitration Court.

1.3. Specified in Items 1.1 - 1.2 presents of the Instruction of the copy of reports are represented to receivers to the Bank of Russia by the direction of the electronic documents signed by the strengthened qualified digital signature according to requirements of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, Art. 3477; 2014, No. 11, Art. 1098; No. 26, Art. 3390; 2016, No. 1, Art. 65; No. 26, the Art. 3889) (further - the Federal Law "About the Digital Signature") on telecommunication channels, including by means of the Internet, or in the absence of technical capability - on papers.

1.4. The copies of reports represented to receivers on papers specified in Items 1.1 - 1.2 presents of the Instruction which amount exceeds 1 leaf shall be stitched, numbered, and also shall bear zaveritelny text of the receiver and seal of insurance company (in the presence of seal).

Chapter 2. Procedure for representation to receivers in the Bank of Russia of accounting (financial) and statistical records of insurance company, and also information on the course of bankruptcy proceedings, including the report on use of money of the debtor on bank inquiry of Russia

2.1. The receiver quarterly within 30 calendar days upon termination of quarter represents accounting (financial) and statistical records of insurance company to the Bank of Russia.

2.2. The receiver provides in the Bank of Russia information on the course of bankruptcy proceedings, including the report on use of money of the debtor on bank inquiry of Russia no later than 15 working days from the date of its obtaining in time.

2.3. Specified in Items 2.1 - 2.2 presents of the Instruction documents and information are represented to receivers to the Bank of Russia by the direction of the electronic documents signed by the strengthened qualified digital signature according to requirements of the Federal Law "About the Digital Signature" for telecommunication channels including by means of the Internet, or in the absence of technical capability - on papers.

2.4. The documents submitted by the receiver on papers and information specified in Items 2.1 - 2.2 presents of the Instruction which amount exceeds 1 leaf shall be stitched, numbered, and also shall bear zaveritelny text of the receiver and seal of insurance company (in the presence of seal).

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