PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 4, 2018 No. 646-P

About technique of determination of own means (capital) of credit institutions ("Basel III")

Based on article 72 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, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, Art. 1584, Art. 1588; No. 18, the Art. 2557) (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 July 2, 2018 No. 23) this Provision establish technique of determination of own means (capital) of credit institutions taking into account the international approaches to increase in stability of banking sector ("Basel III").

1. Own means (capital) of credit institutions are calculated credit institution as the amount of the fixed capital determined based on Item 2 this provision and the supplementary capital determined based on Item 3 this provision less the indicators listed in item 4 of this provision.

2. Fixed capital is determined by credit institution as the amount of the sources of the basic capital of fixed capital (further - the basic capital) listed in subitem 2.1 of this Item less the indicators listed in subitem 2.2 of this Item, and the sources of the added capital of fixed capital (further - the added capital) listed in subitem 2.3 of this Item less the indicators listed in subitem 2.4 of this Item.

2.1. The structure of sources of own means taken into consideration of the basic capital, credit institution joins the following sources.

2.1.1. The authorized capital of credit institution in form of business of joint-stock company created as a result of release and placement:

ordinary shares;

preferred shares, the dividend size by which is not determined by the charter of credit institution, not relating to cumulative, issued till March 1, 2013, and also issued according to articles 4 and 5 of the Federal Law of October 13, 2008 No. 173-FZ "About additional measures for support of financial system of the Russian Federation" (The Russian Federation Code, 2008, No. 42, Art. 4698; 2009, No. 29, Art. 3605; No. 48, Art. 5729; No. 52, Art. 6437; 2010, No. 8, Art. 776; No. 21, Art. 2539; No. 31, Art. 4175; 2014, No. 30, Art. 4276; 2015, No. 29, Art. 4350; 2016, No. 1, Art. 11; No. 27, the Art. 4273) (further - the Federal Law "About Additional Measures for Support of Financial System of the Russian Federation") or paid by the "Deposit Insurance Agency" state corporation (further - Deposit Insurance Agency) federal loan bonds according to article 3.2 of the Federal Law of December 29, 2014 No. 451-FZ "About introduction of amendments to article 11 of the Federal law "About Deposit Insurance in Banks of the Russian Federation" and article 46 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2015, No. 1, Art. 4; No. 17, Art. 2473; 2016, No. 27, Art. 4273; 2017, No. 31, Art. 4759; 2018, No. 11, the Art. 1588) (further - the Federal Law "About introduction of amendments to article 11 of the Federal law "About Deposit Insurance in Banks of the Russian Federation" and article 46 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)").

The preferred shares issued till March 1, 2013 are included credit institutions of sources of the basic capital in case general shareholder meeting makes the decision on nonpayment of dividends to shareholders (the decision on dividend payout to shareholders is not made), owing to what before owners of these shares the obligation of credit institution on dividend payout is not created.

The preferred shares specified in this subitem issued till March 1, 2013 are subject to step-by-step exception credit institution at the rate of the size of own means (capital) according to subitem 8.1 of Item 8 of this provision.

The authorized capital of credit institution in form of business of joint-stock company is accepted by credit institution in structure of sources of the basic capital regarding shares, the report on results of which release is registered by the Bank of Russia or the notification on results of which release is provided to the Bank of Russia for settlement date of own means (capital). The size of the authorized capital is determined by credit institution proceeding from nominal value of issued shares in currency of the Russian Federation - rubles.

Increase in the authorized capital of credit institution determined in this subitem due to entering into its payment of own means (except for parts of the authorized capital of credit institution created due to entering into its payment of increase in value of fixed assets in case of the revaluation included in calculation of sources of the added and supplementary capital according to subitem 2.3.1 of this Item and subitem 3.1.3 of Item in 3 this provision) is taken by credit institution into consideration of sources of the basic capital after registration by the Bank of Russia of the report on share issue results.

The authorized capital of credit institution in form of business of joint-stock company joins credit institution in calculation of the basic capital based on data of the balance sheet account No. 10207. Calculation of the basic capital does not join credit institution part of the remaining balance which is registered on the balance sheet account No. 10207, 3 this provision included in calculation of the added and (or) supplementary capital according to subitem 2.3.1 of this Item and subitem 3.1.2 of Item.

By reorganization in the form of transformation of credit institution in form of business of limited liability company in credit institution in form of business of joint-stock company the authorized capital of the credit institution created as a result of reorganization in form of business of joint-stock company is taken by credit institution into consideration of sources of the basic capital from the date of entering into the Unified State Register of Legal Entities of data on creation as a result of reorganization of the legal entity.

By reorganization in the form of accession of credit institution in form of business of joint-stock company or limited liability company to credit institution in form of business of joint-stock company increase in the authorized capital of the attaching credit institution due to converting of shares (exchange of shares) of the attached credit institution and due to entering into its payment of own means is taken by credit institution into consideration of sources of the basic capital from the date of modification of the information about the legal entity containing in the Unified State Register of Legal Entities about the termination of activities of the attached credit institution.

By reorganization in the form assuming creation of the new legal entity in form of business of joint-stock company, the authorized capital of the credit institution created as a result of reorganization created due to converting of shares (exchange of shares) of the reorganized credit institutions is taken by credit institution into consideration of sources of the basic capital from the date of entering into the Unified State Register of Legal Entities of data on creation of the new legal entity.

2.1.2. The authorized capital of credit institution in form of business of limited liability company created by payment by share by founders (participants) of credit institution.

The authorized capital of newly created credit institution in form of business of limited liability company is included credit institution of sources of the basic capital in the amount of the authorized capital, determined by the charter of credit institution, from the date following the date of receipt by credit institution of the license for banking operations.

Increase in the authorized capital of credit institution in form of business of limited liability company, including due to entering into its payment of own means (except for parts of the authorized capital of credit institution created due to entering into its payment of increase in value of fixed assets in case of the revaluation included in calculation of sources of the supplementary capital according to subitem 3.1.3 of Item in 3 this provision), is taken by credit institution into consideration of sources of the basic capital from the date following date of state registration of the corresponding changes made to the charter of credit institution connected with change of size of the authorized capital.

The shares (part of share) of members of credit institution which passed to credit institution and (or) acquired by it according to articles 23 and 26 of the Federal Law of February 8, 1998 No. 14-FZ "About limited liability companies" (The Russian Federation Code, 1998, No. 7, Art. 785; No. 28, Art. 3261; 1999, No. 1, Art. 2; 2002, No. 12, Art. 1093; 2005, No. 1, Art. 18; 2006, No. 31, Art. 3437; No. 52, Art. 5497; 2008, No. 18, Art. 1941; No. 52, Art. 6227; 2009, No. 1, Art. 20; No. 29, Art. 3642; No. 31, Art. 3923; No. 52, Art. 6428; 2010, No. 31, Art. 4196; 2011, No. 1, Art. 13, Art. 21; No. 29, Art. 4291; No. 30, Art. 4576; No. 49, Art. 7040; No. 50, Art. 7347; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4043; No. 51, Art. 6699; 2014, No. 19, Art. 2334; 2015, No. 13, Art. 1811; No. 14, Art. 2022; No. 27, Art. 4000, Art. 4001; 2016, No. 1, Art. 11, Art. 29; No. 27, Art. 4276, Art. 4293; 2017, No. 1, Art. 29; No. 31, Art. 4782; 2018, No. 1, Art. 65, Art. 70; No. 18, of the Art. 2557) (further - the Federal Law "About Limited Liability Companies") and subsequently passed to members of credit institution and (or) the third parties, join credit institution in calculation of own funds (capital) from the date following date of entering of record into the Unified State Register of Legal Entities in connection with change of list of members of credit institution.

The authorized capital of credit institution in form of business of limited liability company joins credit institution in calculation of the basic capital based on data of the balance sheet account No. 10208. Calculation of the basic capital does not join the part of remaining balance which is registered on the balance sheet account No. 10208, 3 this provision included in calculation of the supplementary capital according to subitem 3.1.3 of Item.

2.1.3. Share premium of credit institution in form of business of joint-stock company in the form of excess of share placing price, specified in subitem 2.1.1 of this Item, over their nominal value, received during the forming and (or) increase in the authorized capital of credit institution (further - share premium of credit institution in form of business of joint-stock company), formed for the account:

differences between share par value and the price of their placement and (or)

the difference arising in case of payment of shares in foreign currency between the share value calculated proceeding from the official rate of foreign currency in relation to ruble established by the Bank of Russia according to Item 15 of article 4 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (further - the foreign exchange rate established by the Bank of Russia) for date of transfer of means in the authorized capital, and the share par value established in the decision on share issue.

The share premium of credit institution in form of business of joint-stock company joins credit institution in calculation of the basic capital after registration by the Bank of Russia of the report on results of share issue or submission to the Bank of Russia of the notification on share issue results based on data of the balance sheet account No. 10602.

The share premium of credit institution in form of business of joint-stock company gained in case of placement of the preferred shares issued till March 1, 2013 specified in subitem 2.1.1 of this Item is subject to step-by-step exception credit institution at the rate of the size of own means (capital) according to subitem 8.1 of Item 8 of this provision.

2.1.4. The share premium of credit institution in form of business of limited liability company in the form of excess of sales price of shares to participants over their nominal value gained during the forming and (or) increase in the authorized capital of credit institution (further - share premium of credit institution in form of business of limited liability company), formed for the account:

differences between the cost of shares of credit institution in case of their payment by participants during the forming or increase in the authorized capital of credit institution and nominal value of shares on which they are considered as a part of the authorized capital, and (or)

the difference arising in case of payment by share foreign currency between the cost of shares calculated proceeding from the foreign exchange rate established by the Bank of Russia on the date of receipt of foreign currency in authorized capital payment of credit institution and the nominal value of shares established in the decision on payment by share by foreign currency.

The share premium of credit institution in form of business of limited liability company joins credit institution in calculation of sources of the basic capital from the date following date of state registration of the corresponding changes made to the charter of credit institution connected with change of size of the authorized capital.

The share premium of credit institution in form of business of limited liability company joins credit institution in calculation of the basic capital based on data of the balance sheet account No. 10602.

2.1.5. The reserve fund of credit institution created according to requirements of article 35 of the Federal Law of December 26, 1995 No. 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, No. 1, Art. 1; No. 25, Art. 2956; 1999, No. 22, Art. 2672; 2001, No. 33, Art. 3423; 2002, No. 12, Art. 1093; No. 45, Art. 4436; 2003, No. 9, Art. 805; 2004, No. 11, Art. 913; No. 15, Art. 1343; No. 49, Art. 4852; 2005, No. 1, Art. 18; 2006, No. 1, Art. 5, Art. 19; No. 2, Art. 172; No. 31, Art. 3437, Art. 3445, Art. 3454; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 31, Art. 4016; No. 49, Art. 6079; 2008, No. 18, Art. 1941; 2009, No. 1, Art. 23; No. 19, Art. 2279; No. 23, Art. 2770; No. 29, Art. 3642; No. 52, Art. 6428; 2010, No. 41, Art. 5193; No. 45, Art. 5757; 2011, No. 1, Art. 13, Art. 21; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7024, Art. 7040; No. 50, Art. 7357; 2012, No. 25, Art. 3267; No. 31, Art. 4334; No. 53, Art. 7607; 2013, No. 14, Art. 1655; No. 30, Art. 4043, Art. 4084; No. 45, Art. 5797; No. 51, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2304; No. 30, Art. 4219; No. 52, Art. 7543; 2015, No. 14, Art. 2022; No. 27, Art. 4001; 2016, No. 1, Art. 29; No. 23, Art. 3296; No. 27, Art. 4271, Art. 4272, Art. 4273, Art. 4276; 2017, No. 31, Art. 4782; 2018, No. 1, Art. 65; No. 11, Art. 1584; No. 18, the Art. 2557) (further - the Federal Law "About Joint-stock Companies") and article 30 of the Federal law "About Limited Liability Companies", according to the procedure, established by the charter of credit institution, by profit of prior years, credit institution being at the command.

The reserve fund of credit institution is included credit institution of sources of the basic capital based on data of annual accounting (financial) accounts of the credit institution confirmed with auditing organization.

If the reserve fund of credit institution created by profit of prior year joined in prior year in calculation of own means (capital) of credit institution according to subitem 2.1.6 of this Item, it can be included by credit institution in calculation of the basic capital in the current year according to this subitem before confirmation of data of annual accounting (financial) accounts of credit institution by auditing organization in the amount of, confirmed in prior year with auditing organization, but no more considered on the balance sheet account No. 107.

The reserve fund of credit institution created in the current year by the profit of prior years confirmed with auditing organization as a part of annual accounting (financial) accounts of credit institution is included credit institution of sources of the basic capital according to this subitem.

The reserve fund of credit institution joins credit institution in calculation of the basic capital based on data of the balance sheet account No. 107.

2.1.6. The part of the reserve fund of credit institution specified in subitem 2.1.5 of this Item, created by profit of the current year (if forming of reserve fund by profit of the current year is provided by the charter of credit institution), data on which are confirmed with auditing organization.

The reserve fund of credit institution is included credit institution of sources of the basic capital based on data of the balance sheet account No. 107.

2.1.7. Profit of the current year in the part confirmed with auditing organization.

The profit of the current year included in calculation of the basic capital is determined by credit institution as positive result from reduction of remaining balance (part of the remaining balance) which is registered on balance sheet accounts:

No. No. 10603, 10609, 10614, 10619 (except for revaluations of hedging instruments of cash flows on the objects of hedging which are not estimated at fair value), 10621, 10622, 10624, 70601, 70602, 70603, 70604, 70613 (except for revaluations of hedging instruments of cash flows on the objects of hedging which are not estimated at fair value), 70615;

on the amount of remaining balance (part of the remaining balance) which is registered on balance sheet accounts No. No. 10605, 10610 (except for parts of the remaining balance which arose in connection with increase in value of fixed assets in case of revaluation), 10620 (except for revaluations of hedging instruments of cash flows on the objects of hedging which are not estimated at fair value), 10623, 10625, 11101 (in the part relating to the current year), 50905, 70606, 70607, 70608, 70609, 70611, 70614 (except for revaluations of hedging instruments of cash flows on the objects of hedging which are not estimated at fair value), 70616, and also at adjustment size according to the paragraph the fifth this subitem.

The indicators determined in this subitem, in subitems 2.1. 8, 2.2.7 and 2.2.8 these Items, and also in subitems 3.1.6 and 3.1.7 of Item 3 this provision, are adjusted by credit institution at size of reserve (reserves), actually nedosozdanny (nedosozdanny) credit institution in comparison with the size required according to the Provision of the Bank of Russia of June 28, 2017 No. 590-P "About procedure for forming by credit institutions of reserves on possible losses according to loans, the loan and equated to it debt", the registered Ministry of Justice of the Russian Federation on July 12, 2017 No. 47384 (further - the Provision of the Bank of Russia of June 28, 2017 No. 590-P), the Provision of the Bank of Russia of October 23, 2017 No. 611-P "About procedure for forming by credit institutions of reserves on possible losses", the registered Ministry of Justice of the Russian Federation on March 15, 2018 No. 50381 (further - the Provision of the Bank of Russia of October 23, 2017 No. 611-P), Instruction of the Bank of Russia of June 22, 2005 No. 1584-U "About forming and the size of reserve on possible losses under transactions of credit institutions with residents of offshore zones", the registered Ministry of Justice of the Russian Federation on July 15, 2005 No. 6799 (further - the Instruction of the Bank of Russia of June 22, 2005 No. 1584-U), and (or) the Instruction of the Bank of Russia of November 17, 2011 No. 2732-U "About features of forming by credit institutions of reserve on possible losses on transactions with securities, the rights to which make sure depositaries", the registered Ministry of Justice of the Russian Federation on December 12, 2011 No. 22544, on August 1, 2012 No. 25070, on December 11, 2014 No. 35134, on December 18, 2015 No. 40170, on October 16, 2017 No. 48551 (further - the Instruction of the Bank of Russia of November 17, 2011 No. 2732-U), according to the instruction, sent to credit institution based on articles 72 and 74 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)".

Adjustment is performed by credit institution since the reporting date following date of the direction of the requirement about doformirovaniye of reserve (reserves) before the date following date of cancellation of the requirement about doformirovaniye of reserve (reserves) taking into account requirements of subitem 7.1 of Item 7 of this provision.

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