INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 30, 2021 No. 5758-U

About modification of the Instruction of the Bank of Russia of December 25, 2017 No. 185-I "About receipt of consent (approval) of the Bank of Russia to share acquisition (shares) of the financial organization and (or) on establishment of control concerning shareholders (participants) of the financial organization and the direction in the Bank of Russia of notifications on cases as a result of which person who had the right directly or indirectly to dispose of more than 10 percent of shares (share) of not credit financial credit institution, completely lost such right or was kept by the right to dispose directly or indirectly of less than 10 percent of shares (share) of not credit financial credit institution"

Based on part eight of article 61 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; 2017, No. 31, the Art. 4830), parts fifteen of article 11 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; 2017, No. 31, the Art. 4830), Item 25.1 of article 7 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; 2017, No. 31, the Art. 4830), Item 5 of article 38.2 of the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" (The Russian Federation Code, 2001, No. 49, Art. 4562; 2017, No. 31, the Art. 4830), Item 5 of article 32.10 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, Art. 56; Russian Federation Code, 1998, No. 1, Art. 4; 2017, No. 31, the Art. 4830), Item 5 of article 4.4 of the Federal Law of July 2, 2010 No. 151-FZ "About microfinancial activities and the microfinancial organizations" (The Russian Federation Code, 2010, No. 27, Art. 3435; 2017, No. 31, Art. 4830):

1. Bring in the Instruction of the Bank of Russia of December 25, 2017 No. 185-I "About receipt of consent (approval) of the Bank of Russia to share acquisition (shares) of the financial organization and (or) on establishment of control concerning shareholders (participants) of the financial organization and the direction in the Bank of Russia of notifications on cases as a result of which person who had the right directly or indirectly to dispose of more than 10 percent of shares (share) of not credit financial credit institution, completely lost such right or kept the right to dispose directly or indirectly of less than 10 percent of shares (share) of not credit financial credit institution", registered by the Ministry of Justice of the Russian Federation on March 20, 2018 No. 50413, on August 13, 2018 No. 51867, the following changes.

1.1. The paragraph one of Item 1.15 after the words "in the Bank of Russia" to add with the words "on paper".

1.2. Add Chapter 1 with Item 1.18 of the following content:

"1.18. The financial organizations shall send to the Bank of Russia the documents (information) provided by this Instruction in electronic form, signed by the strengthened qualified digital signature of the authorized person, by means of personal account, the reference to which is posted on the official site of the Bank of Russia on the Internet (further - personal account), according to the procedure determined by the Bank of Russia based on articles 73.1 and 76.9 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2016, No. 27, Art. 4225; 2017, No. 27, the Art. 3950) (further - order of interaction).

The physical persons and legal entities which are not the financial organizations shall send to the Bank of Russia the documents (information) provided by this Instruction to one of the following methods at the choice:

on paper the registered mail with the assurance of receipt (other registered mailing) or by their transfer to Department of the admission and the terminations of activities of the financial organizations (the center of the admission);

in electronic form, signed by the strengthened qualified digital signature of the authorized person, by means of personal account according to order of interaction.".

1.3. State Items 2.1 and 2.2 in the following edition:

"2.1. The petition for receipt of prior consent or the subsequent consent (approval) of the Bank of Russia to transaction (transactions) on share acquisition (shares) of the financial organization is submitted in Department of the admission and termination of activities of the financial organizations.

2.2. The petition for receipt of prior consent (the subsequent approval) of the Bank of Russia to transaction (transactions) on share acquisition (shares) of not credit financial credit institution is submitted in form according to appendix 3 to this Instruction.".

1.4. Declare Item 2.6 invalid.

1.5. In Item 3.1:

third to declare the paragraph invalid;

the fourth and fifth to state paragraphs in the following edition:

"The petition for receipt of prior consent or the subsequent consent (approval) of the Bank of Russia to making by group of persons of the transaction (transactions) on share acquisition (shares) of the financial organization is submitted in Department of the admission and termination of activities of the financial organizations.

The petition for receipt of prior consent (the subsequent approval) of the Bank of Russia to making by group of persons of the transaction (transactions) on share acquisition (shares) of not credit financial credit institution is submitted in form according to appendix 3 to this Instruction.".

1.6. State Item 4.2 in the following edition:

"4.2. The petition for receipt of prior consent or the subsequent consent (approval) of the Bank of Russia to establishment of control concerning shareholders (participants) of the financial organization is submitted in Department of the admission and termination of activities of the financial organizations.".

1.7. In Item 6.1:

state paragraph two in the following edition:

"Consent or refusal concerning transactions in case of share acquisition (shares) of the financial organization and (or) establishment of control concerning shareholders (participants) of the financial organization is signed by the officials of the Bank of Russia determined in the administrative act of the Bank of Russia.";

third to declare the paragraph invalid;

word in paragraph five" (the center of the admission)" to exclude.

1.8. In appendices 5 - the 7th words" (the Bank of Russia (Department of the admission and termination of activities of the financial organizations, the center of the admission)" shall be replaced with words "The Bank of Russia (Department of the admission and termination of activities of the financial organizations)", the words "Chairman (First Deputy Chairman, Vice-chairman) of the Central Bank of the Russian Federation (Director (Deputy Director) of Department of the Admission and Termination of Activities of the Financial Organizations, Head (Deputy Manager) of the Center of the Admission)" shall be replaced with words "The name of position of the authorized person of the Bank of Russia".

2. This Instruction becomes effective after 10 days after day of its official publication.

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