INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 4, 2018 No. 4851-U

About modification of the Instruction of the Bank of Russia of June 28, 2017 No. 180-I "About obligatory standard rates of banks"

1. Based on Articles 62, 64 - 67, 70 - 72 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. 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), article 24 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, Art. 4754, Art. 4761, Art. 4830; 2018, No. 1, Art. 66; No. 18, Art. 2576; No. 22, the Art. 3043) 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) to bring in the Instruction of the Bank of Russia of June 28, 2017 No. 180-I "About obligatory standard rates of banks", registered by the Ministry of Justice of the Russian Federation on July 12, 2017 No. 47383, on November 30, 2017 No. 49055, on January 10, 2018 No. 49586, on April 5, 2018 No. 50655, the following changes.

1.1. In subitem 2.1.1 of Item 2.1:

state paragraph two in the following edition:

figure in paragraph ten "8750," to exclude from the effective date the regulation of the Bank of Russia establishing calculation of credit risk for transactions of which attraction of money by means of issue of securities on which obligation fulfillment is provided with cash receipts from the assets transferred in providing (further - the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization) is result;

the twelfth and thirteenth to state paragraphs in the following edition:

"PKI - transactions with the increased risk coefficients (the amount of codes 8731, 8737, 8809.i, 8814.i, 8816, 8818.i, 8820, 8822, 8824.i, 8826.i, 8828.i, 8830.i, 8832, 8834.i, 8836.i, 8838 less code 8856.i). The indicator of PKI is used when calculating capital adequacy ratios of bank. Measure values of PKI are calculated separately for each capital adequacy ratio of bank: PKI - for the standard rate of H1.1, PK2 - for the standard rate of H1.2, PK0 - for the standard rate of H1.0. Do not join in measure calculation of PKI: the assets relating to the I-III and V groups of assets according to subitems 2.3.1 - 2.3.3 and 2.3.5 Items 2.3 of this Instruction; the credit requirements and requirements for receipt of the added (cumulative) percent specified in codes 8734, of 8751, 8756.i, 8765, 8766, 8767, 8783, 8792.i, 8806, 8846, 8851, 8861, 8861.x, 8862, 8862.x, 8863, 8863.x, 8863.2, 8878. And, 8878. N, 8880; the assets reducing the IV group of assets according to subitem 2.3.4 of Item 2.3 of this Instruction (except for the assets meeting requirements of codes, providing application of the increased coefficients); credit requirements and requirements for receipt of the added (cumulative) percent to Central Banks and the governments of the countries - members of the Commonwealth of Independent States irrespective of country assessment; credit requirements and requirements for receipt of the added (cumulative) percent to the borrowers of bank who are the head contractor of deliveries of products according to the state defense order (further - the head contractor) or the contractor, participating in deliveries of products according to the state defense order (further - the contractor) according to article 3 of the Federal Law of December 29, 2012 No. 275-FZ "About the state defense order" (The Russian Federation Code, 2012, No. 53, Art. 7600; 2013, No. 52, Art. 6961; 2015, No. 27, Art. 3950; No. 29, Art. 4342; 2016, No. 27, Art. 4250; 2017, No. 1, Art. 12; No. 31, Art. 4786; 2018, No. 1, the Art. 65) (further - the Federal Law "About the State Defense Order"), according to the loans allowed for the purposes of accomplishment of the state defense order; credit requirements and requirements for receipt of the added (cumulative) percent to borrowers of bank, to relevant requirements of the paragraph of the fourth order of the Government of the Russian Federation of January 15, 2018 No. 10 "About determination of cases of release of joint-stock company and limited liability company from obligation to open and provide information concerning large deals and (or) transactions in which making there is interest" (The Russian Federation Code, 2018, No. 4, of the Art. 628) (further - the order of the Government of the Russian Federation No. 10);

Pkvi - the transactions with the increased risk coefficients made after May 1, 2016 (the amount of codes 8744.i, 8746.i, 8748.i, 8754.i, 8786.i, 8791.i, 8793.i). Indicator Pkvi is used when calculating capital adequacy ratios of bank. Measure values Pkvi are calculated separately for each capital adequacy ratio of bank: PKV1 - for the standard rate of H.1.1, Pkv2 - for the standard rate of H1.2, Pkv0 - for the standard rate of H1.0. The assets meeting requirements of the codes entering indicator Pkvi do not join in codes 8740, 8771. Do not join in measure calculation Pkvi: the assets meeting requirements of codes 8878. And, 8880; credit requirements and requirements for receipt of the added (cumulative) percent to the borrowers of bank who are head contractors or contractors according to article 3 of the Federal law "About the State Defense Order" according to the loans allowed for the purposes of accomplishment of the state defense order; credit requirements and requirements for receipt of the added (cumulative) percent to borrowers of bank, to relevant requirements of the paragraph of the fourth order of the Government of the Russian Federation No. 10; assets on which the credit risk is calculated on the basis of TAC. Codes 8743.i, 8745.i, 8747.i, 8785.i, 8790.i do not join the assets meeting requirements of measure codes of PKI, except for the transactions meeting requirements of codes 8808.i;".

1.2. In Item 2.3:

in paragraph four of the subitem of 2.3.4.1 figures "8749," to exclude from the effective date the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization, after figures "8771," to add with figures "8781,", after figures "8783," to add with figures "8785.1,", after figures "8787," to add with figures "8790.1, 8792.1,";

subitem in paragraph four "8749," to exclude 2.3.4.2 figures from the effective date the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization, after figures "8771," to add with figures "8781,", after figures "8783," to add with figures "8785.2,", after figures "8787," to add with figures "8790.2, 8792.2,";

subitem in paragraph four "8749," to exclude 2.3.4.3 figures from the effective date the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization, after figures "8771," to add with figures "8781,", after figures "8783," to add with figures "8785.0,", after figures "8787," to add with figures "8790.0, 8792.0";

add with subitem 2.3.34 of the following content:

"2.3.34. Assets on which the size of credit risk is calculated according to the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization do not join in calculation of the I-III and V groups of assets, in the codes entering indicators of BQ, PKR, PKI and Pkvi and also in codes 8734, of 8738, of 8740, of 8751, of 8771, of 8783, of 8806, of 8839, of 8846, 8956.i. These assets are considered in the IV group of assets with the subsequent exception.".

1.3. Add Item 5.6 with paragraphs of the following content:

"For the purpose of calculation of the standard rate of H6 availability between the borrowers of bank who are head contractors or contractors according to article 3 of the Federal law "About the State Defense Order", such communication in case of which deterioration in economic situation of one of them can be the reason of non-execution (improper execution) by other borrower (other borrowers) of obligations to bank, is not considered as the basis for reference of borrowers to group of the connected borrowers.

For the purpose of calculation of the standard rate of H6 availability between the borrowers of bank conforming to requirements of the paragraph of the fourth order of the Government of the Russian Federation No. 10, of the relations of control or considerable influence or finding of the specified borrowers under control or considerable influence of the third party (third parties), or availability between the specified borrowers of such communication in case of which deterioration in economic situation of one of borrowers can be the reason of non-execution (improper execution) by other borrower (other borrowers) of obligations to bank is not considered as the bases for reference of these borrowers to group of the connected borrowers.".

1.4. Add Item 5.7 with paragraphs of the following content:

"Size Krz with coefficient of risk of 50 percent joins credit requirements to the legal entities entering into the consolidated group (according to the principles of consolidation given in the International accounting standard (IFRS) 10 "Consolidated financial statements" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of December 28, 2015 No. 217n "About introduction of International accounting standards and Explanations of International accounting standards in action in the territory of the Russian Federation and about recognition No. which voided some orders (separate provisions of orders) of the Ministry of Finance of the Russian Federation", the registered Ministry of Justice of the Russian Federation on February 2, 2016 40940, on August 1, 2016 No. 43044, with amendments, enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of June 27, 2016 No. 98n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation and about recognition voided some orders of the Ministry of Finance of the Russian Federation", the registered Ministry of Justice of the Russian Federation on July 15, 2016 No. 42869 (further - the order of the Ministry of Finance of the Russian Federation No. 98n) which parent organization is the legal entity - the resident who is at the same time meeting the following requirements:

direct and indirect (through the third party (third parties) participation of the Russian Federation in the authorized capital of the legal entity - the resident exceeds 50 percent;

the relation of consolidated revenues (in rubles and foreign currency) for the last accounting year (according to the evaluation criteria and recognitions given in the International accounting standard (IFRS) 15 "Revenue under contracts with buyers" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 98n with the amendments enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of July 11, 2016 No. 111n "About enforcement and cancellation of documents of International accounting standards in the territory of the Russian Federation", the registered Ministry of Justice of the Russian Federation on August 1, 2016 No. 43044, the order of the Ministry of Finance of the Russian Federation of September 14, 2016 No. 156n "About introduction of the document of International accounting standards in action in the territory of the Russian Federation" the registered Ministry of Justice of the Russian Federation on October 5, 2016 No. 43921) on the consolidated basis to the size of gross domestic product in current prices for the last accounting year, information on which is published on the official site of Federal State Statistics Service in information and communication network "Internet", exceeds 2 percent.

Size Krz with coefficient of risk of 50 percent joins credit requirements to borrowers of bank, relevant requirements of the paragraph of the fourth order of the Government of the Russian Federation No. 10.".

1.5. Add Item 14.2 with paragraphs of the following content:

"provisions of paragraphs of the twelfth and thirteenth subitem 2.1.1 of Item 2.1 of this Instruction - regarding credit requirements and requirements for receipt of the added (cumulative) percent to borrowers of bank, to relevant requirements of the paragraph of the fourth order of the Government of the Russian Federation No. 10;

provisions of the paragraph of the eighth Item 5.6 and paragraph of the eleventh Item 5.7 of this Instruction.".

1.6. In appendix 1:

paragraph the fourth columns of 1 line of codes 8743.1, 8743. 8743.0 after figures "8745.0" to add 2, with figures ", 8785.1, 8785.2, 8785.0, 8792.1, 8792.2, 8792.0";

paragraph the fourth columns of 1 line of codes 8745.1, 8745. 8745.0 after the word of "codes" to add 2, with figures "8785.1, 8785.2, 8785.0, 8792.1, 8792.2, 8792.0,";

paragraph the ninth columns of 1 line of codes 8747.1, 8747. 8747.0 after figures "8753.0" to add 2, with figures ", 8785.1, 8785.2, 8785.0, 8792.1, 8792.2, 8792.0";

to recognize lines of codes 8749 and 8750 invalid from the effective date the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization;

in the column of 1 line of code 8774 words "the order of the Ministry of Finance of the Russian Federation of June 27, 2016 No. 98n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation and about recognition voided some orders of the Ministry of Finance of the Russian Federation, the registered Ministry of Justice of the Russian Federation on July 15, 2016 No. 42869" shall be replaced with words "the order of the Ministry of Finance of the Russian Federation No. 98n";

after line of code 8780 to add with lines of the following content:

after line of code 8784 to add with lines of the following content:

after line of code 8789 to add with lines of the following content:

paragraph of the seventh column of 1 line of codes 8808.1, 8808. 8808.0 to add 2, with figures ", 8785.i, 8790.i, 8792.i";

in paragraph three of the column of 1 line of code 8815 of the word "bonds of younger tranche," to exclude;

in the column of 1 line of codes 8823.1, 8823. 8823.0 figures "8749," to exclude 2, from the effective date the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization;

paragraph the fourth columns of 1 line of codes 8956.1, 8956. 8956.0 after figures "8767" to add 2, with figures ", 8792.1, 8792.2, 8792.0".

1.7. The paragraph one of Item 1 of appendix 2 after the words "Provisions of the Bank of Russia No. 395-P" to add with words "obligations, the size of credit risk according to which is calculated according to the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization,".

1.8. Item in paragraph three "8749," to exclude 3 appendices of the 9th figure from the effective date the regulation of the Bank of Russia about calculation of credit risk for transactions of securitization.

2. This Instruction becomes effective after 10 days after day of its official publication <*>.

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