INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 31, 2018 No. 4892-U

About asset types, characteristics of asset types to which allowances to risk coefficients, and application technique to the specified asset types of allowances for the purpose of calculation with credit institutions of capital adequacy ratios are established

1. This Instruction based on Articles 45. 2, 62 and 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, Art. 2557; No. 24, Art. 3400; No. 28, Art. 2790; No. 31, the Art. 4852) (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 August 24, 2018 No. 28) establish asset types to which allowances to coefficients of risk, the characteristic of the specified asset types, and also application technique to the specified asset types of allowances for the purpose of calculation with credit institutions (except for the non-bank credit institutions having the right to implementation of money transfers and the related other banking activities) the capital adequacy ratios established according to articles 62 and 62.2 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" can be established.

2. The Bank of Russia according to article 45.2 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" based on the solution of the Board of directors establishes allowances to risk coefficients for the following asset types:

credit requirements and requirements for receipt of the added (cumulative) percent on the loans (loans) granted in rubles on the consumer purposes;

credit requirements and requirements for receipt of the added (cumulative) percent on mortgage loans (loans) granted to physical persons in the rubles for the purpose of which are not connected with implementation of business activity by them on which obligation fulfillment of the borrower is provided with pledge of the residential and (or) non-residential premise;

credit requirements and requirements for receipt of the added (cumulative) percent on the loans (loans) granted to physical persons in rubles on financing under the agreement of equity in construction;

credit requirements and requirements for receipt of the added (cumulative) percent on the loans (loans) granted to physical persons in rubles on which obligation fulfillment of the borrower is provided with pledge of the vehicle;

paragraph of the sixth ceased to be valid

credit requirements and requirements for receipt of the added (cumulative) percent on the loans (loans) granted to legal entities in rubles on financing of transactions in the real estate market;

credit requirements and requirements for receipt of the added (cumulative) percent on the loans (loans) granted to borrowers - to physical persons and legal entities in foreign currency;

requirements for investments in the debt securities nominated in foreign currency.

3. Credit requirements and requirements for receipt of the added (cumulative) percent on the credits (loans) for the consumer purposes include requirements for the credits (loans) (including the acquired rights to claim on the credits (loans), credit requirements and requirements for receipt of the added (cumulative) percent on transactions on issue of money to physical persons with use of bank cards, including on conditions the overdraft) provided to physical persons without determination of the purpose or for the purpose of purchase of goods (works, services) for the needs which are not connected with implementation of business activity or for the purpose of complete or partial obligation fulfillment on other loans (loans) granted to physical persons without determination of the purpose or for the purpose of purchase of goods (works, services) for the needs which are not connected with implementation of business activity if the credits (loans) specified in this Item are not provided with pledge of the real estate and (or) pledge of the vehicle.

Credit requirements and requirements for receipt of the added (cumulative) percent on the credits (loans) for the consumer purposes do not include the requirement for the educational loans granted according to the Federal Law of December 29, 2012 to No. 273-FZ "About education in the Russian Federation" (The Russian Federation Code, 2012, No. 53, Art. 7598; 2013, No. 19, Art. 2326; No. 23, Art. 2878; No. 27, Art. 3462; No. 30, Art. 4036; No. 48, Art. 6165; 2014, No. 6, Art. 562, Art. 566; No. 19, Art. 2289; No. 22, Art. 2769; No. 23, Art. 2930, Art. 2933; No. 26, Art. 3388; No. 30, Art. 4217, Art. 4257, Art. 4263; 2015, No. 1, Art. 42, Art. 53, Art. 72; No. 18, Art. 2625; No. 27, Art. 3951, Art. 3989; No. 29, Art. 4339, Art. 4364; No. 51, Art. 7241; 2016, No. 1, Art. 8, Art. 9, Art. 24, Art. 72, Art. 78; No. 10, Art. 1320; No. 23, Art. 3289, Art. 3290; No. 27, Art. 4160, Art. 4219, Art. 4223; No. 27, Art. 4238, Art. 4239, Art. 4245, Art. 4246, Art. 4292; 2017, No. 18, Art. 2670; No. 31, Art. 4765; No. 50, Art. 7563; 2018, No. 1, Art. 57; No. 9, Art. 1282; No. 11, Art. 1591; No. 27, Art. 3945, Art. 3953; No. 28, Art. 4152; No. 31, Art. 4860; No. 32, Art. 5110, Art. 5122, Art. 5130; No. 53, Art. 8423; 2019, No. 10, Art. 887; No. 18, Art. 2209; No. 25, Art. 3160; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 26, 2019) on which the state support of educational crediting according to the procedure, No. 197 established by the order of the Government of the Russian Federation of February 26, 2018 "About approval of Rules of provision of the state support of educational crediting" (The Russian Federation Code, 2018, is provided to No. 11, by Art. 1620; 2019, No. 11, Art. 1131).

4. Credit requirements and requirements for receipt of the added (cumulative) percent on mortgage loans (loans) include:

requirements for the credits (loans) provided with mortgage according to the Federal Law of July 16, 1998 to No. 102-FZ "About mortgage (pledge of the real estate)" (The Russian Federation Code, 1998, No. 29, Art. 3400; 2001, No. 46, Art. 4308; 2002, No. 7, Art. 629; No. 52, Art. 5135; 2004, No. 6, Art. 406; No. 27, Art. 2711; No. 45, Art. 4377; 2005, No. 1, Art. 40, Art. 42; 2006, No. 50, Art. 5279; No. 52, Art. 5498; 2007, No. 27, Art. 3213; No. 50, Art. 6237; 2008, No. 20, Art. 2251; No. 52, Art. 6219; 2009, No. 1, Art. 14; No. 29, Art. 3603; 2010, No. 25, Art. 3070; 2011, No. 27, Art. 3879, Art. 3880; No. 50, Art. 7347; 2013, No. 19, Art. 2328; No. 51, Art. 6683; 2014, No. 26, Art. 3375, Art. 3377; No. 30, Art. 4218; 2015, No. 1, Art. 29, Art. 52; No. 14, Art. 2022; No. 41, Art. 5640; 2016, No. 26, Art. 3886; No. 27, Art. 4248, Art. 4294; 2017, No. 27, Art. 3938; No. 31, Art. 4761; No. 48, Art. 7052; No. 50, Art. 7549; 2018, No. 1, the Art. 70) (further - the Federal Law "About Mortgage (Pledge of the Real Estate)");

the requirements for the credits (loans) provided with pledge of the real estate according to which state registration of the agreement on mortgage (mortgage) is performed if from the date of loan granting (loan) under the agreement there passed no more than two months;

(I will occupy) requirements for the loans (loans) granted for the purpose of complete or partial obligation fulfillment on other mortgage loan if on the granted loans (loans) registration and state registration of the agreement on mortgage (mortgage) is performed and from the date of their provision there passed no more than two months.

Credit requirements and requirements for receipt of the added (cumulative) percent on mortgage loans (loans) do not include the requirement for the credits (loans) granted in rubles on acquisition (construction) of housing concerning which measures of the state support (the budget subsidies, benefits, and also other measures of the state support) if on such credit (I will occupy) indicator of debt load of the borrower, calculated according to appendix 1 to this Instruction are realized does not exceed 60 percent.

Credit requirements and requirements for receipt of the added (cumulative) percent on mortgage loans (loans) do not include the requirement for the credits (loans) granted according to the Federal Law of August 20, 2004 to No. 117-FZ "About accumulative and mortgage system of housing providing the military personnel" (The Russian Federation Code, 2004, No. 34, Art. 3532; 2006, No. 6, Art. 636; 2007, No. 50, Art. 6237; 2008, No. 30, Art. 3616; 2009, No. 48, Art. 5731; 2011, No. 27, Art. 3879; No. 48, Art. 6728; 2012, No. 26, Art. 3443; 2013, No. 27, Art. 3477; No. 30, Art. 4084; No. 52, Art. 6961; 2014, No. 23, Art. 2930; 2015, No. 27, Art. 4001; 2016, No. 14, Art. 1905; No. 18, Art. 2494; 2017, No. 11, Art. 1541; No. 31, Art. 4816; 2018, No. 32, the Art. 5115) (further - the Federal Law "About Accumulative and Mortgage System of Housing Providing the Military Personnel").

5. Credit requirements and requirements for receipt of the added (cumulative) percent on the loans (loans) granted to physical persons on financing under the agreement of equity in construction include requirements for the loans (loans) granted on financing under the agreement of equity in construction signed according to the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (The Russian Federation Code, 2005, No. 1, Art. 40; 2006, No. 30, Art. 3287; No. 43, Art. 4412; 2008, No. 30, Art. 3616; 2009, No. 29, Art. 3584; 2010, No. 25, Art. 3070; 2011, No. 49, Art. 7015, Art. 7040; 2012, No. 29, Art. 3998; No. 53, Art. 7619, Art. 7643; 2013, No. 30, Art. 4074; No. 52, Art. 6979; 2014, No. 26, Art. 3377; No. 30, Art. 4225; 2015, No. 29, Art. 4362; 2016, No. 18, Art. 2515; No. 27, Art. 4237, Art. 4294; 2017, No. 27, Art. 3938; No. 31, Art. 4767, Art. 4816; 2018, No. 1, Art. 90; No. 28, Art. 4139; No. 31, Art. 4861).

6. Credit requirements and requirements for receipt of the added (cumulative) percent on the loans (loans) granted to legal entities on financing of transactions in the real estate market include:

requirements for the loans (loans) granted to legal entities on financing of construction and acquisition of buildings, constructions, parcels of land, residential and non-residential premises, and also intended for placement of vehicles of parts of buildings or constructions (parking places) (further - real estate units), for obligation fulfillment including under the agreement of equity in construction, according to the provisional agreement of purchase and sale, under the agreement of payenakopleniye if such real estate units are held for sale, leasing or transfers to leasing;

requirements for the credits (loans) issued for the purpose of complete or partial obligation fulfillment on the credit (loan) provided by the paragraph the second this Item.

Credit requirements and requirements for receipt of the added (cumulative) percent on the loans (loans) granted to legal entities on financing of transactions in the real estate market do not include:

requirements for the loans granted on financing of construction of facilities of real estate under the agreement signed with public authority, local government body, the public or local government office or the unitary enterprise and providing transfer to these persons of real estate units;

requirements for the loans granted to the concessionary for obligation fulfillment according to the concessionary agreement concluded according to the Federal Law of July 21, 2005 No. 115-FZ "About concessionary agreements" (The Russian Federation Code, 2005, No. 30, Art. 3126; 2007, No. 46, Art. 5557; No. 50, Art. 6245; 2008, No. 27, Art. 3126; 2009, No. 29, Art. 3582, Art. 3601; 2010, No. 27, Art. 3436; 2011, No. 30, Art. 4594; No. 49, Art. 7015; No. 50, Art. 7359; 2012, No. 18, Art. 2130; 2013, No. 19, Art. 2330; No. 52, Art. 7003; 2014, No. 26, Art. 3386; No. 30, Art. 4266; 2015, No. 1, Art. 11; No. 45, Art. 6208; No. 48, Art. 6724; 2016, No. 1, Art. 11, Art. 80; No. 27, Art. 4208; 2017, No. 30, Art. 4457; No. 31, Art. 4828; 2018, No. 1, Art. 87; No. 15, Art. 2034; No. 27, Art. 3956; No. 31, Art. 4850; No. 32, Art. 5105; No. 53, Art. 8451).

7. Allowances to risk coefficients on separate asset type are differentiated taking into account the values of the following characteristics of asset types established by the Bank of Russia according to article 45.2 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" based on the solution of the Board of directors:

indicator of debt load of the borrower (further - PDN) calculated as the relation of the amount of average monthly payments on all loans (loans) granted to physical person to the size of its average monthly income according to appendix 1 to this Instruction;

the all-in cost of consumer loan (loan) (further - PSK) calculated according to the procedure, the stipulated in Clause 6 Federal Laws of December 21, 2013 No. 353-FZ "About consumer loan (loan)" (The Russian Federation Code, 2013, No. 51, Art. 6673; 2014, No. 30, Art. 4230; 2016, No. 27, Art. 4164; 2017, No. 50, Art. 7549; 2018, No. 11, Art. 1588);

(I will occupy) ratios of size of principal debt on mortgage loan to fair value of subject of the pledge (further - ratio of size of principal debt to fair value of subject of pledge) calculated according to appendix 2 to this Instruction;

the size of the initial contribution at the expense of own money of the borrower on the credits (loans) provided to physical persons in rubles on financing under the agreement of equity in construction.

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