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Ministry of Justice

Russian Federation

On August 3, 2017 No. 47653

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 12, 2017 No. 4458-U

About procedure and conditions of carrying out closed competition by the Bank of Russia on selection of the acquirer (acquirers) of property and obligations of banks

This Instruction according to Item 2 of article 189.53 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 and conditions of carrying out closed competition by the Bank of Russia on selection of the acquirer (acquirers) of property and obligations of banks.

1. The acquirer (acquirers) of property and obligations of banks is determined (are determined) based on closed competition by selection of the acquirer (acquirers) of property and obligations of the bank (further - closed competition) which is carried out from bank name of Russia by "Managing Company of Fund of Consolidation of Banking Sector" limited liability company (further - Managing company), from among the banks having the license for attraction of money of physical persons in deposits (further - banks acquirers), for the purpose of ensuring settlement of obligations of bank.

2. The condition of the admission of bank acquirer to participation in closed competition is determined by item 4 of article 189.53 of the Federal law "About Insolvency (Bankruptcy)".

For participation in closed competition the financial position of bank acquirer is recognized sufficient for execution of the received obligations by it, and also for accomplishment of the obligatory standard rates and required reserves established by the Bank of Russia in case of simultaneous compliance of bank to the following conditions:

implementation of banking activity at least 3 years from the date of its state registration;

availability of the size of own means (capital) calculated according to the technique established by the Provision of the Bank of Russia of December 28, 2012 No. 395-P "About technique of determination of size of own means (capital) of credit institutions ("Basel III")", the registered Ministry of Justice of the Russian Federation on February 22, 2013 No. 27259, on November 29, 2013 No. 30499, on October 2, 2014 No. 34227, on December 11, 2014 No. 35134, on December 17, 2014 No. 35225, on March 24, 2015 No. 36548, on June 5, 2015 No. 37549, on October 5, 2015 No. 39152, on December 8, 2015 No. 40018, on December 17, 2015 No. 40151, on August 26, 2016 No. 43442, in the amount of at least 10 percent from the size of the obligations of bank which are subject to settlement concerning which actions for settlement of its obligations are performed, calculated on the basis of the Razrabotochny table for creation of the balance sheet (the published form) of Item 3 of the Procedure for creation and submission of the reporting under form 0409806 "Balance sheet (the published form)" and reflected in line of the 23rd reporting under the form 0409806 "Balance sheet (the published form)" established by the Instruction of the Bank of Russia of November 24, 2016 No. 4212-U "About the list, forms and procedure for creation and representation of forms of the reporting of credit institutions in the Central bank of the Russian Federation", the registered Ministry of Justice of the Russian Federation on December 14, 2016 No. 44718, on March 29, 2017 No. 46155 (further - the Instruction of the Bank of Russia No. 4212-U);

accomplishment by bank of the capital adequacy ratios established by the Instruction of the Bank of Russia of June 28, 2017 No. 180-I "About obligatory standard rates of banks" registered by the Ministry of Justice of the Russian Federation on July 12, 2017 No. 47383 (further - the Instruction of the Bank of Russia No. 180-I), within 3 last years and for date of submission of information by bank acquirer to the Bank of Russia taking into account allowances to capital adequacy ratios of bank during their action;

reference to classification groups 1 or 2 according to the Instruction of the Bank of Russia of April 3, 2017 No. 4336-U "About assessment of economic situation of banks", the registered Ministry of Justice of the Russian Federation on May 19, 2017 No. 46771, as of date of submission of information by bank acquirer to the Bank of Russia and before approval date the Board of directors of the Bank of Russia of the plan of participation of the Bank of Russia in settlement of obligations of bank in which the bank acquirer will be determined (and lack of substantial risks in the current activities according to the measures applied by the Bank of Russia which can entail emergence of the bases for reference in other classification group);

lack of overdue monetary commitments before the Bank of Russia, on the credits of the Bank of Russia and percent on them, outstanding amount of not paid in means in required reserves, the amounts of failure to carry out of averaging of required reserves, penalty for violation of mandatory reserve requirements, and also unpresented calculation of the size of required reserves and the measures applied within the last 6 months established by the legislation for violation of obligatory standard rates of the banks provided by the Instruction of the Bank of Russia No. 180-I;

availability of the positive total financial result reflected in the reporting under form 0409102 "The report on financial results of the credit institution" established by the Instruction of the Bank of Russia No. 4212-U for 4 last quarters preceding consideration of documents;

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