It is registered
Ministry of Justice
Russian Federation
On August 3, 2018 No. 51779
of May 3, 2018 No. 4788-U
About requirements to the measures applied by self-regulatory organization in the sphere of the financial market for non-compliance with the Federal Law by the microcredit companies of July 2, 2010 No. 151-FZ "About microfinancial activities and the microfinancial organizations" and the regulations of the Bank of Russia adopted according to it and the established internal standard of self-regulatory organization
This Instruction based on part 3 of article 7.2 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. 4163, Art. 4225; 2017, No. 18, Art. 2669; No. 31, of the Art. 4830) (further - the Federal Law "About Microfinancial Activities and the Microfinancial Organizations") establishes requirements to the measures (including the sizes of penalties) applied by self-regulatory organization in the sphere of the financial market uniting the microfinancial organizations (further - self-regulatory organization), for non-compliance with the requirements by the microcredit companies (further - requirements) established by the Federal Law "About Microfinancial Activities and the Microfinancial Organizations" and regulations of the Bank of Russia adopted according to it, and the established internal standard of self-regulatory organization (further - corrective actions).
1. The size of penalty shall constitute percent 0,05 from the total amount of debt of physical persons and legal entities to the microcredit company on the issued microloans (on principal debt) on the last number of the quarter preceding quarter in which the self-regulatory organization reveals violation of requirements (further - the total amount of debt) if other is not established by Items 2 - 4 presents of the Instruction.
2. The size of penalty shall constitute percent 0,1 from the total amount of debt for the violation of requirements revealed by self-regulatory organization repeatedly within year and (or) which entailed violation of the rights of consumers.
3. The penalty size for the microcredit companies which total amount of debt constitutes less than ten million rubles or for the microcredit companies which received the status of the microfinancial organization in quarter in which the self-regulatory organization revealed violation of requirements shall constitute five thousand rubles or in cases if violation of requirements is revealed repeatedly within year and (or) entailed violation of the rights of consumers, - ten thousand rubles.
4. The penalty size for the microcredit companies which total amount of debt exceeds two hundred million rubles shall constitute hundred thousand rubles or in cases if violation of requirements is revealed by self-regulatory organization repeatedly within year and (or) entailed violation of the rights of consumers, - two hundred thousand rubles.
5. Corrective actions shall be proportional to nature of the allowed violation of requirements.
6. Corrective actions shall contain motivated reasons for their application.
7. Corrective actions shall not contain prohibition or restriction for implementation of microfinancial activities and (or) other activities, stipulated in Item 3 parts 1 of article 9 of the Federal law "About Microfinancial Activities and the Microfinancial Organizations".
8. Corrective actions are not applied in the presence of the following information obtained from the microcredit company at meeting of body of self-regulatory organization for hearing of cases about application of measures concerning members of self-regulatory organization (further - body for hearing of cases):
about the direction the microcredit company in the Bank of Russia of the plan of recovery of its solvency according to article 183.1 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, Art. 54; No. 11, Art. 1588; No. 18, Art. 2557, Art. 2563, Art. 2576);
about the measures which are earlier applied by the Bank of Russia for the violation of requirements considered at meeting of body for hearing of cases.
9. This Instruction becomes effective after 10 days after day of its official publication.
Chairman of the Central bank of the Russian Federation
E. S. Nabiullina
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