INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 14, 2020 No. 5441-U

About procedure for the direction bank in the Bank of Russia of the petition for the termination of the right to work with deposits, procedure for recognition of the invalid license of the Bank of Russia for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons, and also about procedure for issue to bank of the license of the Bank of Russia for banking operations in connection with recognition of the invalid license of the Bank of Russia for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons

This Instruction based on Item 2 of part 3 of Article 28 and parts 3.1 and 4 of article 48 of the Federal Law 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; 2019, No. 49, the Art. 6953) (further - the Federal Law "About Deposit Insurance in Banks of the Russian Federation"), parts six of article 12 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; No. 19, the Art. 2061) establishes 2006,:

procedure for the direction bank concerning which according to part 3 of article 48 of the Federal law "About Deposit Insurance in Banks of the Russian Federation" ban on attraction in deposits of money of physical persons and opening of bank accounts of physical persons, in the Bank of Russia of the petition for the termination of the right to work with deposits is imposed;

procedure for recognition of the invalid license of the Bank of Russia for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons;

procedure for issue to the bank which sent to the Bank of Russia the petition for the termination of the right to work with deposits, licenses of the Bank of Russia for banking operations in connection with recognition of the invalid license of the Bank of Russia for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons.

1. The bank concerning which according to part 3 of article 48 of the Federal law "About Deposit Insurance in Banks of the Russian Federation" ban on attraction in deposits of money of physical persons and opening of bank accounts of physical persons is imposed (further - bank), according to part 4 of article 48 of the Federal law "About Deposit Insurance in Banks of the Russian Federation" shall send to Department of the admission and termination of activities of the financial organizations of the Bank of Russia the petition for the termination of the right to work with deposits (further - the petition) with appendix of the original of the license of the Bank of Russia for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons.

The recommended sample of the petition is given in appendix to this Instruction.

1.1. If the bank performs banking activities based on the license granting the right to banking operations with money in rubles and foreign currency and on attraction in deposits of money of physical persons and legal entities in rubles and foreign currency <1>, and also the license for attraction in deposits and placement of precious metals, the bank shall send to Department of the admission and termination of activities of the financial organizations of the Bank of Russia along with the documents provided by paragraph one of this Item, the original of the license for attraction in deposits and placement of precious metals.

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<1> Item 3 of article 6 of the Federal Law of May 1, 2017 No. 92-FZ "About modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2017, No. 18, the Art. 2669).

1.2. In the petition the method of receipt of documents by bank, the stipulated in Item 3 presents of the Instruction shall be specified (the registered mail with the assurance of receipt or way of issue to the authorized representative of bank under the signature).

2. In case of receipt of the documents provided by paragraph one of Item of 1 this Instruction, and also the original of the license for attraction in deposits and placement of precious metals (if the bank has license granting the right to banking operations with money in rubles and foreign currency and on attraction in deposits of money of physical persons and legal entities in rubles and foreign currency and the license for attraction in deposits and placement of precious metals) the Bank of Russia recognizes the license of the Bank of Russia for attraction granted to bank in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons (and in the case provided by subitem 1.1 of Item of 1 this Instruction also the license for attraction in deposits and placement of precious metals) invalid.

2.1. The license of the Bank of Russia for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons, the license for attraction in deposits and placement of precious metals (if the bank has license granting the right to banking operations with money in rubles and foreign currency and on attraction in deposits of money of physical persons and legal entities in rubles and foreign currency and the license for attraction in deposits and placement of precious metals) are recognized invalid from the date of putting down on originals of these licenses of mark about recognition of the license invalid (further - mark).

2.2. Putting down of mark is made by Department of the admission and termination of activities of the financial organizations of the Bank of Russia within ten working days after day of receipt from bank of the documents provided by paragraph one of Item of 1 this Instruction, and also the original of the license for attraction in deposits and placement of precious metals (if the bank has license granting the right to banking operations with money in rubles and foreign currency and on attraction in deposits of money of physical persons and legal entities in rubles and foreign currency and the license for attraction in deposits and placement of precious metals) (further - the term of putting down of mark).

The mark is signed by the director (the first deputy director, the deputy director) of Department of the admission and the termination of activities of the financial organizations of the Bank of Russia.

2.3. In case of non-compliance with requirements of Item of 1 this Instruction by bank:

The department of the admission and termination of activities of the financial organizations of the Bank of Russia informs on it bank in writing;

the current of term of putting down of mark stops.

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