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Ministry of Justice

Russian Federation

On September 25, 2017 No. 48311

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 14, 2017 No. 4490-U

About requirements to contents of the basic standard of protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of the self-regulatory organizations in the sphere of the financial market uniting credit consumer cooperatives

This Instruction based on part 2 of article 5 of the Federal Law of July 13, 2015 No. 223-FZ "About self-regulatory organizations in the sphere of the financial market" (The Russian Federation Code, 2015, No. 29, Art. 4349; 2016, No. 27, the Art. 4225) establishes requirements to contents of the basic standard of protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of the self-regulatory organizations in the sphere of the financial market uniting credit consumer cooperatives (further - self-regulatory organizations).

1. The basic standard of protection of the rights and interests of physical persons and legal entities - receivers of the financial services rendered by members of self-regulatory organizations (further - the Basic standard), shall contain the following.

1.1. The minimum amount provided by credit consumer cooperative (further - credit cooperative) information to physical persons and legal entities - the receivers of financial services who are members of credit cooperative (unitholders) or having intention to enter credit cooperative (further - receivers of financial services):

about complete and (in the presence) the abbreviated name of credit cooperative, the location of credit cooperative and its separate divisions, about membership in self-regulatory organization and about the Basic standard;

about the governing bodies of credit cooperative and persons which are part of governing bodies of credit cooperative;

about the financial mutual assistance and other services of credit cooperative rendered to members of credit cooperative (unitholders), including rendered for additional fare (further - financial services);

about the risks connected with the conclusion and execution by the receiver of financial service of the agreement on provision of financial service (provision of loan or attraction of money by credit cooperative), and also about the risks connected with the fact that in accordance with the legislation of the Russian Federation credit cooperatives are not participants of system of compulsory deposit insurance;

about methods and addresses of the direction of addresses of the receiver of financial service;

about methods of protection of the rights of the receiver of financial service, including information on availability of opportunity and methods of pre-judicial dispute settlement, including by means of mediativny procedures, claim procedure or other methods of the extrajudicial dispute resolution;

about obligation of the member of credit cooperative (unitholder) of solidary execution of subsidiary responsibility for its obligations within not brought part of additional contribution of each of members of credit cooperative (unitholders);

about procedure, conditions and methods of participation of members of credit cooperative (unitholders) in management of credit cooperative;

about procedure for acquaintance of members of credit cooperative (unitholders) with procedure and conditions of attraction of money of members of credit cooperative (unitholders) and procedure for provision of loans to members of credit cooperative (unitholders).

1.2. The procedure for provision of information by credit cooperative to receivers of financial services providing:

provision to the receiver of financial service of information without costs or making of additional actions, not stipulated by the legislation the Russian Federation;

provision to the receiver of financial service of information excluding ambiguous interpretation of properties of financial service;

information statement available language (with use of legible fonts, formats - in case of provision of information on paper) with explanation of special terms (in case of their availability).

1.3. Principles of provision of information of advertizing nature on activities of credit cooperative.

1.4. The rules of interaction of credit cooperative with the receiver of financial service including:

requirements about timely informing the receiver of financial services about emergence of overdue debt for the agreement of consumer loan and about consequences of non-execution of obligations for return of debt on the agreement of consumer loan;

order of interaction with the receiver of financial service in case of origin of overdue debt at it under the agreement of consumer loan and possibility of debt restructuring for the receiver of financial service;

procedure and terms of provision upon the demand of the receiver of financial service of documents (their copies) connected with the conclusion and agreement performance of loan and (or) the agreement of transfer of personal savings;

procedure and cases of fixing of the direct interaction by credit cooperative with the receiver of financial services performed at the initiative of credit cooperative, and also storage of information confirming such interaction.

1.5. The minimum standards of servicing of receivers of financial services concerning availability and material security of separate divisions of credit cooperative, and also the recommendation about servicing of receivers of financial services with limited opportunities of health.

1.6. Requirements to the employees of credit cooperative performing direct interaction with receivers of financial services, and also to check of compliance of these workers to the specified requirements.

1.7. The procedure for consideration of addresses of receivers of financial services including:

the work with addresses of receivers of financial services providing informing the receiver of financial service on receipt of its address, objectivity of consideration of such addresses;

forms and methods of provision to the receiver of financial service of the answer to its address;

requirements to motivation of the answer to the address of the receiver of financial service;

requirements to deadlines of consideration of addresses of receivers of financial services taking into account provisions, the stipulated in Clause 10 Federal Laws of July 3, 2016 No. 230-FZ "About protection of the rights and legitimate interests of physical persons when implementing activities for return of overdue debt and about introduction of amendments to the Federal law "About Microfinancial Activities and the Microfinancial Organizations" (The Russian Federation Code, 2016, No. 27, the Art. 4163);

requirements to registration of addresses of receivers of financial services and answers to them;

requirements to the analysis of addresses of receivers of financial services and decision making about feasibility of application of the measures directed to improvement of service quality of receivers of financial services for analysis results of addresses of receivers of financial services.

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