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It is registered

Ministry of Justice

Russian Federation

On June 17, 2021 No. 63904

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 25, 2020 No. 748-P

About requirements to financial position and goodwill of shareholders (participants) of bureau of credit histories and persons, under control or considerable influence of which there are shareholders (participants) of bureau of credit histories, maintaining the state register of bureau of credit histories by the Bank of Russia

Based on part 12 of Article 10, Items 1, 1.1 and 2 parts 2 Articles 14, parts 3, paragraph one and Items 2, 4 and 5 parts 5, Item 2 parts 10, parts 10.2 of article 15 of the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" (The Russian Federation Code, 2005, No. 1, Art. 44; 2020, No. 31, the Art. 5061), parts eight of article 76.9-2 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; No. 31, the Art. 4830) this Provision establishes 2017,:

shareholders (participants) of bureau of credit histories and persons, under control or considerable influence of which there are shareholders (participants) of bureau of credit histories to which requirements to financial position and goodwill are established;

requirements to financial position and goodwill of shareholders (participants) of bureau of credit histories and persons, under control or considerable influence of which are shareholders (participants) of bureau of credit histories;

the procedure for the direction of requests and receipt of information on financial position and goodwill of shareholders (participants) of bureau of credit histories and persons, under control or considerable influence of which are shareholders (participants) of bureau of credit histories to which requirements to financial position and goodwill are established;

procedure for maintaining the state register of bureau of credit histories by the Bank of Russia;

the application form of the legal entity intending to perform activities as bureau of credit histories about entering of record about it into the state register of bureau of credit histories;

the list of the documents confirming compliance of person performing functions of sole executive body, his deputy, the member of collegiate executive body of the legal entity intending to perform activities as bureau of credit histories (including the acting as on the corresponding position), to the requirements established by parts 4.3 and 4.4 of article 15 of the Federal Law of December 30, 2004 No. 218-FZ "About credit stories";

shareholders (participants) of the legal entity intending to perform activities as bureau of credit histories and persons, under control or considerable influence of which there are shareholders (participants) of the specified legal entity who shall conform to requirements to financial position and goodwill;

the list of the documents confirming compliance of shareholders (participants) of the legal entity intending to perform activities as bureau of credit histories, and persons under control or considerable influence of which there are shareholders (participants) of the specified legal entity, to requirements to financial position and goodwill;

the list of the documents confirming ensuring information security in bureau of credit histories in case of its processing, storage and transfer with the certified remedies in accordance with the legislation of the Russian Federation;

requirements to registration and submission of the documents provided by part 5 of article 15 of the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" including requirements to formats and forms of such documents;

procedure for introduction by the Bank of Russia of record about the legal entity intending to perform activities as bureau of credit histories in the state register of bureau of credit histories;

form and requirements to the statement from the state register of bureau of credit histories, procedure and term of submission of statements from the state register of bureau of credit histories;

the list of the documents confirming compliance of person performing functions of sole executive body, his deputy, the member of collegiate executive body of bureau of credit histories (including the acting as on the corresponding position), to the requirements established by parts 4.3 and 4.4 of article 15 of the Federal Law of December 30, 2004 No. 218-FZ "About credit stories";

procedure for exception of information about the legal entity of the state register of bureau of credit histories;

form and procedure for submission of the statement of bureau of credit histories for exception of information about him of the state register of bureau of credit histories.

Chapter 1. Requirements to financial position of shareholders (participants) of bureau of credit histories and persons, under control or considerable influence of which are shareholders (participants) of bureau of credit histories

1.1. Requirements to financial position are established concerning the following shareholders (participants) of bureau of credit histories (further - bureau) and persons, under control or considerable influence of which there are shareholders (participants) of bureau:

the shareholder (participant) owning more than 10 percent of shares (share) of bureau;

person under whose control there are shareholders (participants) owning more than 10 percent of shares (share) of bureau;

person under whose considerable influence there is shareholder (participant) of bureau owning 25 or more percent of shares (share) of bureau (in case of lack of face under which control there is such shareholder (participant) of bureau).

For the purposes of this provision of the concept "control" and "considerable influence" are applied according to:

International accounting standard (IFRS) 10 "Consolidated financial statements" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of December 28, 2015 No. 217n "About introduction of International accounting standards and Explanations of International accounting standards in action in the territory of the Russian Federation and about recognition No. which voided some orders (separate provisions of orders) of the Ministry of Finance of the Russian Federation", the registered Ministry of Justice of the Russian Federation on February 2, 2016 40940, on August 1, 2016 No. 43044 (further - the order of the Ministry of Finance of the Russian Federation No. 217n), with amendments, enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of June 27, 2016 No. 98n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation and about recognition voided some orders of the Ministry of Finance of the Russian Federation", the registered Ministry of Justice of the Russian Federation on July 15, 2016 No. 42869 (further - the order of the Ministry of Finance of the Russian Federation No. 98n);

International accounting standard (IFRS) 11 "Joint venture" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 217n with the amendments enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 98n, the order of the Ministry of Finance of the Russian Federation of March 27, 2018 No. 56n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation", the registered Ministry of Justice of the Russian Federation on April 16, 2018 No. 50779 (further - the order of the Ministry of Finance of the Russian Federation No. 56n);

International accounting standard (IAS) 28 "Investment into associated organizations and joint businesses" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 217n with the amendments enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 98n, the order of the Ministry of Finance of the Russian Federation of July 20, 2017 No. 117n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation", the registered Ministry of Justice of the Russian Federation on August 4, 2017 No. 47669, the order of the Ministry of Finance of the Russian Federation No. 56n, the order of the Ministry of Finance of the Russian Federation of June 4, 2018 No. 125n "About introduction of the document of International accounting standards in action in the territory of the Russian Federation", the registered Ministry of Justice of the Russian Federation on June 21, 2018 No. 51396.

1.2. Persons specified in Item 1.1 of this provision during the entire period of ownership of them in more than 10 percent of shares (share) of bureau (implementation of control by them concerning shareholders (participants) owning more than 10 percent of shares (share) of bureau, or considerable influence concerning shareholders (participants) owning 25 or more percent of shares (share) of bureau) shall conform to the following requirements to financial position.

1.2.1. The size of net assets (own means, the capital) of the legal entity - the shareholder (participant) of the bureau owning more 10, but less than 25 percent of shares (share) of bureau as of annual reporting date shall exceed the amount of the financial investments reflected in its balance sheet (financial status statement) of shares (shares) of the financial organizations for the specified date and constitute at least two million rubles or have the positive value which is not exceeding the specified sizes, no more than on one of two last annual reporting dates in a row.

The size of net assets (own means, the capital) of the legal entity - the shareholder (participant) of the bureau owning 25 or more percent of shares (share) of bureau as of annual reporting date shall exceed the amount of the financial investments reflected in its balance sheet (financial status statement) of shares (shares) of the financial organizations for the specified date and constitute at least five million rubles or have the positive value which is not exceeding the specified sizes, no more than on one of two last annual reporting dates in a row.

The size of net assets (own means, the capital) of the legal entity - the shareholder (participant) of the bureau recognized by the Bank of Russia No. 218-FZ qualified according to the procedure, the stipulated in Article 15.1 Federal Laws of December 30, 2004 "About credit stories" (The Russian Federation Code, 2005, No. 1, Art. 44; 2020, No. 31, the Art. 5061) (further respectively - qualified bureau, the Federal Law of December 30, 2004 No. 218-FZ), and the qualified bureau owning more than 10 percent of shares (share), as of annual reporting date shall exceed the amount of the financial investments reflected in its balance sheet (financial status statement) of shares (shares) of the financial organizations for the specified date and constitute at least forty million rubles or have the positive value which is not exceeding the specified sizes, no more than on one of two last annual reporting dates in a row.

For the purpose of this provision the size of net assets (own means, the capital) of the legal entity is determined according to Items 3.4 and 3.5 of the Provision of the Bank of Russia of December 28, 2017 No. 626-P "About assessment of financial position, about requirements to financial position and about the bases for recognition of financial position unsatisfactory the founders (participants) of credit institution and other persons provided by the Federal Law of July 29, 2017 No. 281-FZ "About modification of separate legal acts of the Russian Federation regarding enhancement of mandatory requirements to founders (participants), governing bodies and officials of the financial organizations", No. registered by the Ministry of Justice of the Russian Federation on March 21, 2018 50436, on March 31, 2020 No. 57917) (further - the Provision of the Bank of Russia No. 626-P).

1.2.2. The size of net assets (own means, the capital) of the legal entity under whose control there are shareholders (participants) of bureau owning more 10, but less than 25 percent of shares (share) of bureau on annual reporting date shall exceed the amount of the bureaus reflected in the balance sheet (financial status statement) of the shareholder (participant) concerning which control or considerable influence is exercised, of financial investments in shares (shares) of the financial organizations for the specified date and to constitute at least two million rubles or to have the positive value which is not exceeding the specified sizes, no more than on one of two last annual reporting dates in a row.

The size of net assets (own means, the capital) of the legal entity, under control or considerable influence of which there are shareholders (participants) of bureau owning 25 or more percent of shares (share) of bureau, on annual reporting date shall exceed the amount of the bureaus reflected in the balance sheet (financial status statement) of the shareholder (participant) concerning which control or considerable influence is exercised, of financial investments in shares (shares) of the financial organizations for the specified date and to constitute at least five million rubles or to have the positive value which is not exceeding the specified sizes, no more than on one of two last annual reporting dates in a row.

The size of net assets (own means, the capital) of the legal entity, under control or considerable influence of which there are shareholders (participants) of qualified bureau owning more than 10 percent of shares (share) of qualified bureau, on annual reporting date shall exceed the amount of the reflected in the balance sheet (financial status statement) of the shareholder (participant) of qualified bureau concerning which control or considerable influence is exercised, financial investments of shares (shares) of the financial organizations for the specified date and to constitute at least forty million rubles or to have the positive value which is not exceeding the specified sizes, no more than on one of two last annual reporting dates in a row.

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