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Ministry of Justice

Russian Federation

On March 6, 2018 No. 50273

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 26, 2017 No. 4666-U

About procedure for appeal of recognition of person to not conforming qualification requirements and (or) requirements to goodwill

(as amended on 29-07-2021)

This Instruction according to parts two and third article 60.1 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, the Art. 7562) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)") 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 December 22, 2017 No. 35) establish procedure for appeal of recognition of person to not conforming qualification requirements and (or) requirements to goodwill established by the Federal Laws.

1. Based on part six of Article 60 and part two of article 76.9-1 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2017, No. 31, Art. 4830; 2019, No. 49, the Art. 6953) persons specified in parts one and the second Article 60, parts one of article 76.9-1 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (further - applicants) having the right to appeal the decisions on recognition made by officials of the Bank of Russia them to not conforming qualification requirements and (or) requirements to goodwill established by the Federal Laws (further - the appealed decision), in the commission of the Bank of Russia on consideration of claims provided by part one of article 60.1 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (further - the Commission).

2. The claim of the applicant shall contain the following information.

2.1. Information about the applicant:

for the applicant who is physical person - surname, name, middle name (the last in the presence), birth date and birth place, nationality, series and passport number or series (in the presence) and number of other identity document, registration address at the place of residence (residence) and the address of the actual accommodation, contact phone number, the postal address;

for the applicant who is the legal entity - the name (for legal entities, being the commercial organizations, - full trade name (in the presence - the reduced trade name), for legal entities, being non-profit organizations, - the name), the primary state registration number (other identification number if the applicant is foreign legal entity), the location of the applicant (address), surname, name, middle name (the last in the presence), birth date and birth place, nationality, series and passport number or other identity document, registration address at the place of residence (residence) and the address of the actual accommodation, contact phone number, the postal address, the name of position of person performing functions of sole executive body of the applicant (authorized by it persons), who signed the claim of the applicant who is the legal entity (further - person, signed the claim of the legal entity), number and document date, the power confirming it.

2.2. The name and details of the document which of content the applicant knew of adoption of the appealed decision, date when the applicant knew of adoption of the appealed decision, and data on the proofs confirming the specified date.

2.3. The bases of recognition of the applicant to not conforming qualification requirements and (or) requirements to goodwill with indication of the name and details of the Federal Law (including its structural unit) according to which the appealed decision is made.

2.4. Motivated reasons for the applicant about disagreement with the appealed decision with indication of references to the documents enclosed to the application and to regulations of the legislation of the Russian Federation.

2.5. Applicant's request for grievance settlement.

2.6. Instruction that the applicant does not object (objects) to participation in consideration of the claim of the representative of associations (unions) the, including the self-regulatory organizations uniting credit institutions and (or) not credit financial credit institutions or protecting the rights of consumers of financial services in case of its inclusion in structure of the Commission.

2.7. Consent for the Commission to processing of personal data of the applicant who is physical person or person which signed the claim of the legal entity.

2.8. Data on method of receipt of correspondence, preferable to the applicant: by means of the direction mail service of the registered mail with the assurance of receipt to the address specified by the applicant or by means of delivery under the signature to the applicant who is the physical person, or person which signed the claim of the legal entity (person authorized by it) it is direct in the Bank of Russia (in case of submission of the claim on paper).

2.9. Other information important for the applicant in case of consideration of the claim by the Commission.

2.10. The inventory of the documents attached to the claim (further - the list of documents).

2.11. Date of creation of the claim.

2.12. The signature and disaggregation of the signature of the applicant who is physical person or person which signed the claim of the legal entity (in case of submission of the claim on paper).

3. The documents which are the proof of compliance of the applicant to the qualification requirements established by the Federal Laws and (or) non-participation in decision making or making of actions (failure to act) which entailed emergence of the bases for recognition of the applicant not to the relevant requirements to goodwill established by the Federal Laws (further - supporting documents) shall be attached to the claim.

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