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The document ceased to be valid since June 2, 2019 according to the Instruction of the Central bank of the Russian Federation of February 25, 2019 No. 5078-U

It is registered

Ministry of Justice

Russian Federation

On August 21, 2017 No. 47871

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 1, 2017 No. 597-P

About procedure for appointment, implementation and termination of activities of temporary administration for management of the credit institution appointed to response at credit institution of the license for banking operations, and also the temporary administration on bank management appointed in case of approval of the plan of participation of the Bank of Russia or the plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy of bank or approval of the plan of participation of the Bank of Russia or the plan of participation of the "Deposit Insurance Agency" state corporation in settlement of obligations of bank

This Provision based on item 4 of part two of article 74 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; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 19, 2017) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), Items 1 and 2 of Article 189. 25, paragraph two of Item 2 of article 189.43 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, the Art. 3596) (further - the Federal Law "About Insolvency (Bankruptcy)") 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 July 28, 2017 No. 17) establish procedure for appointment, implementation and termination of activities of temporary administration for management of the credit institution (further - temporary administration) appointed to response at credit institution of the license for banking operations (further - the license), and also the temporary administration on bank management appointed in case of approval of the plan of participation of the Bank of Russia or the plan of participation of the "Deposit Insurance Agency" state corporation (further - the Agency) in implementation of measures for the prevention of bankruptcy of bank or approval of the plan of participation of the Bank of Russia or the plan of participation of the Agency in settlement of obligations of bank.

Chapter 1. General provisions

1.1. The Bank of Russia of article 74 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", and also Item 1 of article 189.26 of the Federal law "About Insolvency (Bankruptcy)" having the right to appoint based on item 4 of part two temporary administration for a period of up to 6 months.

1.2. Temporary administration, and also the representative of temporary administration appointed by temporary administration and authorized to represent its interests in branch (governing bodies of the affiliated organization) of credit institution (further - the representative of temporary administration), are effective according to the Federal Law "About Insolvency (Bankruptcy)", other Federal Laws, this Provision and other regulations of the Bank of Russia. The representative of temporary administration appointed in branch (governing bodies of the affiliated organization) of credit institution is bank clerk of Russia and can not be the member of temporary administration.

Chapter 2. Procedure for appointment of temporary administration

2.1. The decision on appointment of temporary administration is made by the Chairman of the Bank of Russia, or Committee of banking supervision of the Bank of Russia (further - Committee), or the vice-chairman of the Bank of Russia determined by the Bank of Russia according to the petition of Department of financial improvement of the Bank of Russia (further - Department of financial improvement).

The petition for appointment of temporary administration can be prepared by Department of financial improvement also according to the offer of structural division of the Bank of Russia exercising supervision of activities of credit institution (further - the division exercising supervision of activities of credit institution), or Department of banking supervision of the Bank of Russia (further - Department of banking supervision).

2.2. The petition for appointment of temporary administration shall contain:

data on credit institution (complete the corporate and reduced corporate (in the presence) names of credit institution, registration number, registration date, the location of credit institution);

data on branches and other divisions of credit institution;

data on the affiliated organizations of credit institution;

the bases of appointment of temporary administration according to the requirements established by the Federal Law "About Insolvency (Bankruptcy)";

data on financial condition of credit institution (taking into account results of the last thematic and complex checks, assessment of the violations revealed in activities of credit institution and results of elimination of violations by which measures were applied to credit institution earlier);

offer on effective period of temporary administration;

offer on structure of temporary administration: about candidates for the head of temporary administration, the deputy manager of temporary administration (if necessary), members of temporary administration (with indication of the surname, name, middle name (in the presence) each candidate held by him position, compliance of its education and qualification to the requirements established by Items 3.2 and 3.3 of this provision);

the offer on powers of temporary administration and powers of executive bodies of credit institution (about restriction, about suspension of powers of executive bodies of credit institution);

list of corresponding banks of credit institution.

The petition for appointment of temporary administration may contain other data necessary for reasons for appointment of temporary administration.

2.3. The decision on appointment of temporary administration is drawn up by the order of the Bank of Russia which is signed by the Chairman of the Bank of Russia, or his deputy heading Committee or other vice-chairman of the Bank of Russia determined by the Bank of Russia.

2.4. The draft of the order of the Bank of Russia on appointment of temporary administration is prepared by Department of financial improvement.

The order of the Bank of Russia on appointment of temporary administration shall contain:

complete the corporate and reduced corporate (in the presence) names of credit institution, registration number, registration date, the location of credit institution;

the name of the Federal Law and the reference to Article (Item, the subitem) based on which the decision on appointment of temporary administration is made;

effective period of temporary administration;

information about structure of temporary administration (about the head of temporary administration, the deputy manager of temporary administration (if necessary) and members of temporary administration with indication of their surnames, names, middle names (in the presence) and posts);

the list of the main tasks and functions assigned to temporary administration;

the list of powers of temporary administration, and also specifying on restriction or suspension of powers of executive bodies of credit institution (in the presence);

regulations on the notification the Bank of Russia of corresponding banks (including nonresidents) about appointment of temporary administration;

regulations on inclusion of the specified order of the Bank of Russia in the Unified Federal Register of Bankruptcy Information and on publication of the specified order of the Bank of Russia in "the Bulletin of the Bank of Russia" according to Item 3 of article 189.26 of the Federal law "About Insolvency (Bankruptcy)".

The order of the Bank of Russia on appointment of temporary administration may contain other provisions necessary for accomplishment of the tasks and functions assigned to temporary administration.

2.5. The order of the Bank of Russia on appointment of temporary administration is carried by Department of financial improvement to the division exercising supervision of activities of credit institution, Department of banking supervision, Department of national payment system of the Bank of Russia (further - Department of national payment system), and also to Department of the security market and the goods market of the Bank of Russia (further - Department of the security market and goods market) (if the credit institution has the license for implementation of professional activity in the security market; further - the license of the professional participant) and credit institutions, joins Department of financial improvement in the Unified Federal Register of Bankruptcy Information and it is published by the Bank of Russia in "the Bulletin of the Bank of Russia" according to Item 3 of article 189.26 of the Federal law "About Insolvency (Bankruptcy)".

2.6. The structure of temporary administration in coordination with "Managing Company of Fund of Consolidation of Banking Sector" limited liability company (further - Managing company) or the Agency can join their workers.

The head of temporary administration is bank clerk of Russia. The deputy manager of temporary administration is bank clerk of Russia, either Managing company, or the Agency. Members of temporary administration can not be bank clerks of Russia, Managing company or Agency.

2.7. According to the petition of Department of financial improvement the order of the Bank of Russia on appointment of temporary administration can be changed regarding restriction or suspension of powers of executive bodies of credit institution, assignment of obligations of the head of temporary administration (deputy manager) to the member of temporary administration, and also regarding change of structure, effective period and powers of temporary administration.

The petition for introduction of amendments to the order of the Bank of Russia for appointment of temporary administration can be prepared by Department of financial improvement also according to the offer of the division exercising supervision of activities of credit institution, or Department of banking supervision.

Introduction of the specified changes is drawn up by the order of the Bank of Russia which is signed by the Chairman of the Bank of Russia, or his deputy heading Committee or other vice-chairman of the Bank of Russia determined by the Bank of Russia. The draft of the order of the Bank of Russia on introduction of amendments to the order of the Bank of Russia on appointment of temporary administration prepares Department of financial improvement.

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