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Ministry of Justice

Russian Federation

On March 20, 2018 No. 50420

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 25, 2017 No. 621-P

About procedure for the direction the Bank of Russia of instructions in connection with discrepancy to qualification requirements and (or) requirements to goodwill, violation of procedure for share acquisition (shares), establishments of control concerning shareholders (participants) of the financial organizations, identification of unsatisfactory financial position, about the list of persons which copies of instructions, procedure for bringing to data of shareholders (participants) of the financial organizations of information on receipt of copies of the instruction and the act of cancellation of the instruction, procedure for determination in connection with the direction of instructions of number of the shares (shares) of credit institutions granting voting power, procedure for the direction of the act of cancellation of the instruction, notification on execution of the instruction, and also on procedure for placement on the official site of the Bank of Russia on the Internet of information on the directed instruction go (about cancellation of the instruction)

According to Articles 11. 1, 11.1-2, 11.3 of the Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, Art. 4294, Art. 4295; 2017, No. 14, Art. 2000; No. 18, Art. 2661, Art. 2669; No. 25, Art. 3596; No. 30, Art. 4456; No. 31, the Art. 4754, the Art. 4830) (further - the Federal Law "About Banks and Banking Activity"), Articles 61, 76.9-2 Federal Laws 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. 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)"), articles 32.1 and 32.10 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, Art. 56; Russian Federation Code, 1998, No. 1, Art. 4; 1999, No. 47, Art. 5622; 2002, No. 12, Art. 1093; No. 18, Art. 1721; 2003, No. 50, Art. 4855, Art. 4858; 2004, No. 30, Art. 3085; 2005, No. 10, Art. 760; No. 30, Art. 3101, Art. 3115; 2007, No. 22, Art. 2563; No. 46, Art. 5552; No. 49, Art. 6048; 2009, No. 44, Art. 5172; 2010, No. 17, Art. 1988; No. 31, Art. 4195; No. 49, Art. 6409; 2011, No. 30, Art. 4584; No. 49, Art. 7040; 2012, No. 53, Art. 7592; 2013, No. 26, Art. 3207; No. 30, Art. 4067; No. 52, Art. 6975; 2014, No. 23, Art. 2934; No. 30, Art. 4224; No. 45, Art. 6154; 2015, No. 10, Art. 1409; No. 27, Art. 3946, Art. 4001; No. 29, Art. 4357, Art. 4385; No. 48, Art. 6715; 2016, No. 1, Art. 52; No. 22, Art. 3094; No. 26, Art. 3863, Art. 3891; No. 27, Art. 4225, Art. 4294, Art. 4296; 2017, No. 31, the Art. 4754, the Art. 4830) (further - the Law of the Russian Federation "About the organization of insurance case in the Russian Federation"), Articles 4. 1, 6.2 and 7 Federal Laws of May 7, 1998 No. 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, No. 19, Art. 2071; 2001, No. 7, Art. 623; 2002, No. 12, Art. 1093; 2003, No. 2, Art. 166; 2004, No. 49, Art. 4854; 2005, No. 19, Art. 1755; 2006, No. 43, Art. 4412; 2007, No. 50, Art. 6247; 2008, No. 18, Art. 1942; No. 30, Art. 3616; 2009, No. 29, Art. 3619; No. 48, Art. 5731; No. 52, Art. 6450, Art. 6454; 2010, No. 17, Art. 1988; No. 31, Art. 4196; 2011, No. 29, Art. 4291; No. 48, Art. 6728; No. 49, Art. 7036, Art. 7037, Art. 7040, Art. 7061; 2012, No. 31, Art. 4322; No. 47, Art. 6391; No. 50, Art. 6965, Art. 6966; 2013, No. 19, Art. 2326; No. 30, Art. 4044, Art. 4084; No. 49, Art. 6352; No. 52, Art. 6975; 2014, No. 11, Art. 1098; No. 30, Art. 4219; 2015, No. 27, Art. 3958, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 41, Art. 47; No. 27, Art. 4225; 2017, No. 31, the Art. 4754, the Art. 4830) (further - the Federal Law "About Non-state Pension Funds"), Articles 38, 38.1 and 38.2 Federal Laws of November 29, 2001 No. 156-FZ "About investment funds" (The Russian Federation Code, 2001, No. 49, Art. 4562; 2004, No. 27, Art. 2711; 2006, No. 17, Art. 1780; 2007, No. 50, Art. 6247; 2008, No. 30, Art. 3616; 2009, No. 48, Art. 5731; 2010, No. 17, Art. 1988; No. 31, Art. 4193; 2011, No. 48, Art. 6728; No. 49, Art. 7040, Art. 7061; 2012, No. 31, Art. 4334; 2013, No. 26, Art. 3207; No. 27, Art. 3477; No. 30, Art. 4084; No. 51, Art. 6695, Art. 6699; 2014, No. 11, Art. 1098; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 47; No. 23, Art. 3301; No. 27, Art. 4225, Art. 4294; 2017, No. 18, Art. 2661; No. 31, the Art. 4830) (further - the Federal Law "About Investment Funds"), articles 4.1-1, 4.3 and 4.4 of the Federal Law of July 2, 2010 No. 151-FZ "About microfinancial activities and the microfinancial organizations" (The Russian Federation Code, 2010, No. 27, Art. 3435; 2011, No. 27, Art. 3880; No. 49, Art. 7040; 2013, No. 26, Art. 3207; No. 30, Art. 4084; No. 51, Art. 6683, Art. 6695; 2014, No. 26, Art. 3395; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 27; No. 27, Art. 4225; 2017, No. 18, Art. 2669; No. 31, the Art. 4830) (further - the Federal Law "About Microfinancial Activities and the Microfinancial Organizations") establishes this Provision:

procedure for the direction the Bank of Russia of instructions in connection with discrepancy to qualification requirements and (or) requirements to goodwill, violation of procedure for share acquisition (shares), establishments of control concerning shareholders (participants) of the financial organizations, identification of unsatisfactory financial position;

the list of persons which copies of instructions go;

procedure for bringing to data of shareholders (participants) of the financial organizations of information on receipt of copies of the instruction and act of cancellation of the instruction;

procedure for determination in connection with the direction of instructions of number of the shares (shares) of credit institutions granting voting power;

procedure for the direction of the act of cancellation of the instruction, notification on execution of the instruction;

procedure for placement on the official site of the Bank of Russia on the Internet of information on the directed instruction (about cancellation of the instruction).

Chapter 1. General provisions

1.1. Requirements of this provision extend to insurance companies, non-state pension funds, managing companies of investment funds, mutual investment funds, non-state pension funds, microfinance companies (further - not credit financial credit institutions) and credit institutions (further in case of joint mentioning - the financial organizations).

1.2. The Bank of Russia directs the instruction in the following cases.

1.2.1. In case of identification of the facts of discrepancy to qualification requirements and (or) requirements to goodwill:

board members (supervisory board) of the financial organization;

persons performing (including it is temporary) functions of sole executive body, his deputy, the member of collegiate executive body (further - the head), the chief accountant, the deputy chief accountant of the financial organization, the head, the chief accountant of branch of the financial organization;

persons to whom the separate obligations of heads of credit institution, the chief accountant, deputy chief accountant of credit institution, the head, chief accountant of branch of credit institution providing the order right the money which is on the accounts of credit institution opened in the Bank of Russia are assigned;

persons borrowing (including it is temporary) positions of the head of service of risk management, the head of service of internal audit or the head of internal control of credit institution, position of the internal auditor (the head of service of internal audit) and the auditor (the head of audit committee) of insurance company, position of the controller (head of internal control) of non-state pension fund and managing company of investment funds, mutual investment funds, non-state pension funds, position of the employee of service of internal control of managing company of investment funds, mutual investment funds, non-state pension funds, the official responsible for the organization of risk management system (the head of the separate structural division responsible for the organization of risk management system) of non-state pension fund, and also special official responsible for implementation of rules of internal

control in the financial organization for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing;

persons for whom according to the Federal Law "About Non-state Pension Funds" and the Federal Law "About Investment Funds" availability of the competence certificate is obligatory.

The instruction goes according to the recommended sample given in appendix 1 to this Provision.

1.2.2. In case of non-execution identification:

credit institution of obligations, stipulated in Item 3 parts thirteen and part fourteen of Article 11.1 and Item 3 parts seven of article 11.1-2 of the Federal law "About Banks and Banking Activity";

insurance company of the obligations established by the subitem 3 of Item 7. 6, Item 7.8 and the subitem 3 of Item 7.10 of article 32.1 of the Law of the Russian Federation "About the organization of insurance case in the Russian Federation";

non-state pension fund of the obligations established by the paragraph the fifth Item 8 and paragraphs the second and seventh Item 9 of article 6.2 of the Federal law "About Non-state Pension Funds";

managing company of investment funds, mutual investment funds, non-state pension funds of the obligations established by the paragraph the fifth Item 9.5 and paragraphs the second and sixth Item 9.6 of article 38 of the Federal law "About Investment Funds";

microfinance company of obligations, stipulated in Item 3 parts 7, part 9 and Item 3 of part 10 of article 4.1-1 of the Federal law "About Microfinancial Activities and the Microfinancial Organizations".

The instruction goes according to the recommended sample given in appendix 1 to this Provision.

1.2.3. In case of identification of violation of requirements about receipt of consent (prior consent or the subsequent approval) on acquisition and (or) obtaining in trust management (further - acquisition) more than 10 percent of shares (shares) of the financial organization or on establishment of control concerning shareholders (participants) of the financial organization owning more than 10 percent of shares (share) of the financial organization (further - establishment of control concerning shareholders (participants) of the financial organization with violation), persons specified in:

parts one of article 11.3 of the Federal law "About Banks and Banking Activity";

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