INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 4, 2019 No. 5116-U

About requirements to the measures (including the sizes of penalties) applied by self-regulatory organization in the sphere of the financial market uniting credit consumer cooperatives (agricultural credit consumer cooperatives) concerning the members

This Instruction based on Item 1 of part 6 of article 35 of the Federal Law of July 18, 2009 No. 190-FZ "About credit cooperation" (The Russian Federation Code, 2009, No. 29, Art. 3627; 2011, No. 48, Art. 6728; No. 49, Art. 7040; 2013, No. 30, Art. 4084; No. 44, Art. 5640; No. 51, Art. 6683, Art. 6695; 2014, No. 26, Art. 3395; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 27, the Art. 4225) (further - the Federal Law "About Credit Cooperation"), the subitem 1 of Item 5 of article 40.3 of the Federal Law of December 8, 1995 No. 193-FZ "About agricultural cooperation" (The Russian Federation Code, 1995, No. 50, Art. 4870; 1997, No. 10, Art. 1120; 1999, No. 8, Art. 973; 2002, No. 12, Art. 1093; 2003, No. 2, Art. 160, Art. 167; No. 24, Art. 2248; 2006, No. 45, Art. 4635; No. 52, Art. 5497; 2007, No. 27, Art. 3213; 2008, No. 49, Art. 5748; 2009, No. 29, Art. 3642; 2011, No. 27, Art. 3880; No. 49, Art. 7061; 2013, No. 27, Art. 3477; No. 30, Art. 4084; No. 51, Art. 6683; 2014, No. 45, Art. 6154; 2015, No. 17, Art. 2474; No. 48, Art. 6724; 2016, No. 27, Art. 4225; 2017, No. 31, Art. 4766; 2018, No. 18, Art. 2560; No. 32, of the Art. 5115) (further - the Federal Law "About Agricultural Cooperation") establishes requirements:

to the measures (including the sizes of penalties) applied by self-regulatory organization in the sphere of the financial market uniting credit consumer cooperatives (further - KPK self-regulatory organization), for non-compliance by credit consumer cooperatives which total number of members (unitholders) does not exceed three thousand physical and (or) legal entities, the requirements established by the Federal Law "About Credit Cooperation" and regulations of the Bank of Russia adopted according to it, and the established internal standard of KPK self-regulatory organization;

to the measures (including the sizes of penalties) applied by self-regulatory organization in the sphere of the financial market uniting agricultural credit consumer cooperatives (further - the SKPK self-regulatory organization), for non-compliance by agricultural credit consumer cooperatives, total number of members and which associated members does not exceed three thousand physical persons and (or) legal entities, the requirements established by the Federal Law "About Agricultural Cooperation" and regulations of the Bank of Russia adopted according to it, and the established internal standard of the SKPK self-regulatory organization.

1. The measures applied by KPK self-regulatory organization (SKPK self-regulatory organization) to credit consumer cooperatives which number of members (unitholders) does not exceed three thousand physical and (or) legal entities (further - the CPC) (to agricultural credit consumer cooperatives, total number of members and which associated members does not exceed three thousand physical and (or) legal entities (further - SKPK), for non-compliance with the requirements established by the Federal Law "About Credit Cooperation" (Federal Law "About Agricultural Cooperation") and regulations of the Bank of Russia adopted according to it (further - requirements), and established by the internal standard of KPK self-regulatory organization (SKPK self-regulatory organization) (further - measures), shall be reasonable and consider nature of the allowed violation of requirements, including consider availability or lack of violations of the rights of consumers of financial services.

2. Measures shall not be prohibition and (or) restriction for implementation of the activities of the PDA (SKPK) provided by the Federal Law "About Credit Cooperation" (Federal Law "About Agricultural Cooperation").

3. In the presence of measures for non-compliance with the requirements applied earlier by the Bank of Russia, measures for the same non-compliance with requirements by KPK self-regulatory organization (SKPK self-regulatory organization) are not applied, except exception of the PDA (SKPK) of members of KPK self-regulatory organization (SKPK self-regulatory organization).

4. The size of penalty shall constitute percent 0,05 from the total amount of debt of physical persons and legal entities to the PDA (SKPK) on the issued loans (on principal debt) on the last number of the quarter preceding quarter in which the KPK self-regulatory organization (SKPK self-regulatory organization) reveals violation of requirements (further - the total amount of debt) if other is not stipulated in Item 5 these Instructions.

5. The size of penalty shall constitute percent 0,1 from the total amount of debt for the violation of requirements revealed by KPK self-regulatory organization (SKPK self-regulatory organization) repeatedly within year and (or) which entailed violation of the rights of consumers.

The penalty size for PDA (SKPK) which total amount of debt constitutes less than ten million rubles or for the PDA (SKPK) created in quarter in which the KPK self-regulatory organization (SKPK self-regulatory organization) revealed violation of requirements shall constitute five thousand rubles, and in cases if violation of requirements is revealed by KPK self-regulatory organization (SKPK self-regulatory organization) repeatedly within year and (or) entailed violation of the rights of consumers, - ten thousand rubles.

The penalty size for PDA (SKPK) which total amount of debt exceeds two hundred million rubles shall constitute hundred thousand rubles, and in cases if violation of requirements is revealed by KPK self-regulatory organization (SKPK self-regulatory organization) repeatedly within year and (or) entailed violation of the rights of consumers, - two hundred thousand rubles.

6. The penalty shall not be applied in the presence of the following of the circumstances revealed by KPK self-regulatory organization (SKPK self-regulatory organization):

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