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Ministry of Justice

Russian Federation

On March 16, 2020 No. 57758

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 5, 2019 No. 5343-U

About requirements for forming of structure and structure of pension reserves

(as amended on 28-09-2022)

This Instruction based on paragraphs of the first and second Item 1, Item 5 of Article 25, the paragraph of the sixth Item 1 of article 25.1 of the Federal Law of May 7, 1998 No. 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, No. 19, Art. 2071; 2014, No. 30, Art. 4219; No. 11, the Art. 1584) establishes 2018,:

requirements for forming of structure and structure of pension reserves;

investment objects in which non-state pension funds have the right independently to place means of pension reserves;

cases, when managing company, being effective as the trustee with means of the pension reserves having the right to sign repurchase agreements.

Chapter 1. Requirements for forming of structure of pension reserves

1.1. Within forming of structure of pension reserves investment of funds of pension reserves, including as a result of the conclusion of repurchase agreements, in the following assets is allowed.

1.1.1. Money in rubles and in foreign currency of the states which are members of the European Union, the Eurasian Economic Union (EEU), Organization for Economic Cooperation and Development (OECD), participants BRICS (further respectively - foreign state, currency of foreign states), on accounts and in deposits (deposits, including subordinated deposits) in credit institutions, deposit certificates of credit institutions, precious metals on bank accounts and in bank deposits in precious metals (further - precious metals on accounts and in deposits) in credit institutions in case of simultaneous observance of the following requirements:

availability at credit institution of the universal license for banking operations;

availability at credit institution of credit rating is not lower than the level, the Bank of Russia established by the Board of directors according to Item 17.5 of part one of article 18 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; 2019, No. 31, the Art. 4430) (further - the level established by the Board of directors of the Bank of Russia);

lack of prohibition on attraction by credit institution in deposits of money of physical persons and on opening of accounts of physical persons, the Federal Law provided by part 3 of Article 48 of December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation" (The Russian Federation Code, 2003, No. 52, Art. 5029; 2018, No. 32, Art. 5115);

availability in the agreement based on which means of pension reserves are placed on accounts or in deposits (deposits, including subordinated deposits) in credit institution, conditions about its early termination because the credit institution ceased to conform to the requirements provided by paragraphs the second - the fourth this subitem according to which the specified credit institution shall in time, not exceeding 7 working days, to return the amount of account balance or in contribution (the deposit, including the subordinated deposit) and the percent on it added proceeding from the interest rate determined by the agreement;

availability in the deposit certificate of credit institution in which means of pension reserves, conditions that in case of its early presentation to repayment because the credit institution ceased to conform to the requirements provided by paragraphs the second - the fourth this subitem, in time, not exceeding 7 working days, the deposit amount and percent caused by the deposit certificate is paid are placed;

availability in the agreement based on which means of pension reserves are placed in precious metals on accounts and in deposits in credit institutions, conditions about its early termination because the credit institution ceased to conform to the requirements provided by paragraphs the second - the fourth this subitem according to which the specified credit institution shall in time, not exceeding 7 working days, to return precious metals by their transfer to bank accounts (to bank deposits) in precious metals in the credit institution conforming to the requirements provided by paragraphs the second - the fourth this subitem, or by payment of money in the amount equivalent to the cost of precious metal, and the percent added proceeding from the interest rate determined by the agreement (in the presence).

Requirements of paragraphs two - the seventh this subitem are not applied in case of investment of funds of pension reserves in money on accounts and in deposits (deposits, including subordinated deposits), to precious metals on accounts and in deposits in credit institution which according to article 22 of the Federal Law of December 7, 2011 No. 414-FZ "About the central depositary" (The Russian Federation Code, 2011, No. 50, Art. 7356; 2013, No. 30, by the Art. 4084) is given the status of the central depositary (further - the central depositary), and also in the credit institution performing functions of the central partner to which credit score not lower than the level, the Bank of Russia established by the Board of directors is assigned.

For the purpose of application of this subitem investment of funds of pension reserves in money on accounts and in deposits (deposits, except for subordinated deposits), in deposit certificates and precious metals on accounts and in deposits in the credit institution which is not conforming to the requirement of the paragraph of third this subitem is allowed in case of simultaneous observance of the following requirements:

concerning credit institution the Board of directors of the Bank of Russia approves according to article 189.49 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2018, No. 32, the Art. 5115) (further - the Federal Law "About Insolvency (Bankruptcy)") the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of credit institution;

the credit institution conformed to the requirement of the paragraph of third this subitem as of approval date the Board of directors of the Bank of Russia of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of credit institution or within 6 months preceding it;

information on guaranteeing going concern of credit institution by the Bank of Russia is posted on the official site of the Bank of Russia on the Internet;

the term of investment of funds of pension reserves in money on accounts and in deposits (deposits, except for subordinated deposits), in deposit certificates and precious metals on accounts and in deposits in credit institution does not exceed the term of implementation of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of the specified credit institution.

1.1.2. Government securities of the Russian Federation.

1.1.3. Following bonds of the Russian issuers:

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