Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

The document ceased to be valid since January 21, 2024 according to Item 4.2 of the Provision of the Central bank of the Russian Federation of September 21, 2023 No. 825-P

It is registered

Ministry of Justice

Russian Federation

On May 7, 2018 No. 50993

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 7, 2018 No. 631-P

About cases and procedure for carrying out by the Bank of Russia of checks of activities of receivers of credit institution, insurance company

(as amended of the Instruction of the Central bank of the Russian Federation of 25.05.2020 No. 5463-U)

This Provision according to Item 11 of Article 184.4-1 and Item 6 of article 189.79 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. 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, Art. 3596; No. 31, Art. 4767, Art. 4815, Art. 4830; No. 48, Art. 7052; 2018, No. 1, the Art. 54) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes cases and procedure for carrying out by the Bank of Russia of checks of activities of receivers of credit institution, insurance company (further - receivers).

Chapter 1. General provisions

1.1. The Bank of Russia performs compliance of activities of receivers to requirements of the regulatory legal acts governing the relations connected with insolvency (bankruptcy) of credit institutions, insurance companies (further - checks).

1.2. Are performed by the authorized representatives of the Bank of Russia forming the working group of the Bank of Russia (further - working group).

1.3. The Bank of Russia has the right to perform in the following cases:

receipts in the Bank of Russia of data on violation by the receiver when implementing activities of requirements of the regulatory legal acts governing the relations connected with insolvency (bankruptcy) of credit institutions, insurance companies;

revenues in the Bank of Russia of the claim of creditor meeting and (or) creditor committee to actions (failure to act) of the receiver of credit institution, insurance company and the annulment petition of accreditation under the Bank of Russia of the arbitration manager as the receiver in case of bankruptcy of credit institution (further - accreditation under the Bank of Russia);

receipts in the Bank of Russia of data on unauthenticity of the reporting of the liquidated credit institution, insurance company represented to the Bank of Russia;

numerous violation by the receiver of procedure for the creation and submission of the reporting of the liquidated credit institution established by the Instruction of the Bank of Russia of June 5, 2017 No. 4395-U "About the list, forms and procedure for creation and submission of the reporting of the liquidated credit institutions to the Central bank of the Russian Federation", the registered Ministry of Justice of the Russian Federation on August 22, 2017 No. 47898;

numerous violation by the receiver of procedure for the submission of the reporting of insurance company established by the Instruction of the Bank of Russia of June 13, 2017 No. 4404-U "About procedure for representation of insurance company to receivers in the Bank of Russia of the documents and information provided by Items 9 and 10 of article 184.4-1 of the Federal law "About Insolvency (Bankruptcy)", procedure for withdrawal by the receiver at insurance agents and other persons to whom forms of the strict reporting of insurance company, forms of the strict reporting of insurance company and their destruction by the receiver", by the registered Ministry of Justice of the Russian Federation were transferred on August 22, 2017 to No. 47896;

non-compliance with implementation of actions by the receiver of terms during the liquidating procedures established by the Federal Law "About Insolvency (Bankruptcy)" including in case of the direction to receivers of petitions for prolongation of these terms;

receipts of the statement of the arbitration manager accredited under the Bank of Russia as the receiver in case of bankruptcy of credit institutions (further - accredited person), about prolongation of term of accreditation under the Bank of Russia;

need of check of execution by the receiver of the instruction about elimination of violations of the regulatory legal acts governing the relations connected with insolvency (bankruptcy) of credit institutions, insurance companies;

the expirations of one year after date of completion of the last check;

the expirations of six months from the date of appointment of the receiver.

1.4. In case of delivery to the receiver of the documents provided by this Provision or the directions their registered mail with the assurance of receipt, documents are constituted in duplicate which first copies are handed (go) to the receiver, the second copies remain in the Bank of Russia.

In case of the direction of documents to the receiver with use of private office according to the procedure, No. 5361-U established by the Instruction of the Bank of Russia of December 19, 2019 "About order of interaction of the Bank of Russia with credit institutions, not credit financial credit institutions and other participants of information exchange when using of information resources of the Bank of Russia, including private office by them", the registered Ministry of Justice of the Russian Federation on March 4, 2020 No. 57659 (further - the Instruction of the Bank of Russia No. 5361-U), documents are constituted in one copy.

Chapter 2. Conducting check

2.1. It is performed based on the order on conducting check (appendix 1 to this Provision) (further - the order) in which the members of working group with indication of the head and workgroup members are determined.

Paragraph two of ceased to be valid

The order is handed to the receiver or goes to it the registered mail with the assurance of receipt or with use of private office according to the procedure, established by the Instruction of the Bank of Russia No. 5361-U.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.