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Ministry of Justice

Russian Federation

On November 10, 2020 No. 60832

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 27, 2020 No. 5514-U

About approval procedure the Bank of Russia of the plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy of bank, procedure for introduction in it for changes, procedure for representation for consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the "Deposit Insurance Agency" state corporation in settlement of obligations of bank, structure of the report of the "Deposit Insurance Agency" state corporation on the course of accomplishment of the actions provided by the plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy of bank and procedure for its submission to the Bank of Russia

This Instruction based on Items 3 and 5 of Article 189.49 and item 4 of article 189.51 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2014, No. 52, Art. 7543; 2017, No. 18, Art. 2661; No. 52, the Art. 7787) establishes 2019,:

approval procedure the Bank of Russia of the plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy of bank and procedure for modification of the approved plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy of bank;

procedure for representation for consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the "Deposit Insurance Agency" state corporation in settlement of obligations of bank;

structure of the report of the "Deposit Insurance Agency" state corporation on the course of accomplishment of the actions provided by the plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy of bank, and procedure for its submission to the Bank of Russia.

Chapter 1. Approval procedure the Bank of Russia of the plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy of bank, procedure for modification of the approved plan of participation of the "Deposit Insurance Agency" state corporation in implementation of measures for the prevention of bankruptcy of bank and procedure for representation for consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the "Deposit Insurance Agency" state corporation in settlement of obligations of bank

1.1. In case of acceptance by the "Deposit Insurance Agency" state corporation (further - the Agency) offers of the Bank of Russia on participation in implementation of measures for the prevention of bankruptcy of bank the plan of participation of the Agency in implementation of measures for the prevention of bankruptcy of bank (further - the plan of participation of the Agency) is submitted the Agency in the Bank of Russia not later than within twenty days from the date of the direction the Agency according to Item 3 of article 189.48 of the Federal Law of October 26, 2002 to No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2020, No. 29, the Art. 4512) (further - the Federal Law "About Insolvency (Bankruptcy)") notifications in the Bank of Russia on decision making about the participation in implementation of measures for the prevention of bankruptcy of bank.

1.2. For the purpose of consideration of the plan of participation of the Department of Financial Improvement of the Bank of Russia Agency by the Bank of Russia has the right to request from structural divisions of the Bank of Russia, the Agency and temporary administration on bank management and to send information important for approval of the plan of participation of the Agency to their address.

Required information goes structural divisions of the Bank of Russia and the Agency to the Department of financial improvement of the Bank of Russia in time established in request of Department of financial improvement of the Bank of Russia, the specified in paragraph one of this Item.

1.3. By results of consideration of the plan of participation of the Department of Financial Improvement of the Bank of Russia Agency sends to the chairman of Committee of banking supervision of the Bank of Russia the plan of participation of the Agency, and also the report about removal at consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the Agency in which reasons for possibility of implementation of the proposed measures, and also the offer on feasibility (inexpediency) of assignment on bank management Agency of functions of temporary administration are given.

If the plan of participation of the Agency provides rendering financial aid by the Agency according to Item 8 or Item 12 of article 189.49 of the Federal law "About Insolvency (Bankruptcy)", also reasons for sufficiency of measures for the purposes of recovery of indicators of financial condition of bank to the values established by the Federal Laws and regulations of the Bank of Russia are given in the report about removal at consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the Agency.

In need of the report about removal at consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the Agency information on possibility of provision to bank of delay (payment by installments) on entering of the amount of not paid in means into the required reserves deposited in the Bank of Russia and also about coordination of the scheduled plan of step-by-step repayment of the amount of not paid in means of the required reserves deposited in the Bank of Russia joins (further - the schedule).

The report about removal at consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the Agency can also contain information obtained by Department of financial improvement of the Bank of Russia from structural divisions of the Bank of Russia for the purpose of consideration of the plan of participation of the Agency by the Bank of Russia.

1.4. The committee of banking supervision of the Bank of Russia makes the decision on approval or on refusal in approval of the plan of participation of the Agency within ten days from the date of its obtaining.

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