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Ministry of Justice

Russian Federation

On September 2, 2022 No. 69916

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 31, 2022 No. 6113-U

About procedure for application by the Bank of Russia to credit institution of measures, the stipulated in Article 74.1 Federal Laws of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)", and to not credit financial credit institution of measures, the stipulated in Article 76.8-1 Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)"

This Instruction based on part five of Article 74.1 and part five of article 76.8-1 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" <1> establishes procedure for application by the Bank of Russia to the credit institution operating from own name or according to the order and (or) on behalf of other organization, measures, the stipulated in Article 74.1 Federal Laws of July 10, 2002 with No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" <2> and also to not credit financial credit institution operating from own name or according to the order and (or) on behalf of other organization, measures, the stipulated in Article 76.8-1 Federal Law of July 10, 2002 with No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)">.

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<1> Russian Federation Code, 2002, No. 28, Art. 2790; 2021, No. 24, Art. 4210.

<2> Russian Federation Code, 2002, No. 28, Art. 2790; 2021, No. 24, Art. 4210.

<3> Russian Federation Code, 2002, No. 28, Art. 2790; 2021, No. 24, Art. 4210.

1. The decision on application to the credit institution operating from own name or according to the order and (or) on behalf of other organization (further - credit institution), died, the stipulated in Article 74.1 Federal Laws of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (further - measures to credit institution), accepts the Committee of banking supervision of the Bank of Russia in time which is not exceeding 90 working days from the date of identification by the Bank of Russia of the bases for application of measures to credit institution, considering nature of the basis for application died to credit institution, including availability or lack of essential threat to the rights and legitimate interests of physical persons with which the credit institution concluded contracts, bargains determined according to Article 74.1 or article 76.8-1 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (further - agreements (transactions); the reasons promoting emergence of the specified basis; extent of influence of the specified decision of the Bank of Russia on economic situation (financial stability) of credit institution; availability at credit institution of the plan of measures for financial improvement approved with the Bank of Russia or the plan of recovery of financial stability.

2. The decision on application to not credit financial credit institution operating from own name or according to the order and (or) on behalf of other organization (further - not credit financial credit institution), died, the stipulated in Article 76.8-1 Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (further - measures to not credit financial credit institution), accepts the Committee of financial supervision of the Bank of Russia in time which is not exceeding 90 working days from the date of identification by the Bank of Russia of the bases for application of measures to not credit financial credit institution, considering nature of the basis for application died to not credit financial credit institution, including availability or lack of essential threat to the rights and legitimate interests of physical persons with which not credit financial credit institution signed contracts (transactions); the reasons promoting emergence of the specified basis; extent of influence of the specified decision of the Bank of Russia on economic situation (financial stability) of not credit financial credit institution; availability at not credit financial credit institution specified in Item 2 of article 180 of the Federal Law of October 26, 2002 to No. 127-FZ "About insolvency (bankruptcy)" <1>, the plan of recovery of its solvency.

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<1> Russian Federation Code, 2002, No. 43, Art. 4190; 2010, No. 17, Art. 1988; 2013, No. 30, Art. 4084.

3. Measures to credit institution and measures to not credit financial credit institution (further in case of joint mentioning - measures to the financial organization) are drawn up by the instruction of the Bank of Russia about application of measures to the financial organization (further - the instruction of the Bank of Russia about application of measures) in which the following data are specified:

the complete and reduced (in the presence) names, identification taxpayer number (further - INN) and the primary state registration number (further - PSRN) credit institution or not credit financial credit institution (further - in case of joint mentioning the financial organization) (if the financial organization concerning which the instruction of the Bank of Russia about application of measures goes is legal entity);

surname, name and middle name (the last - in the presence), INN and the primary state registration number of the individual entrepreneur (further - PSRNSP), performing activities of not credit financial credit institution (if person concerning whom the instruction of the Bank of Russia about application of measures goes is the individual entrepreneur performing activities of not credit financial credit institution);

specifying of the actual circumstances testimonial of availability of the basis for application of measures to the financial organization, and also the reference to regulations of the Federal Laws which contain the basis for application of measures, or the reference to regulations of the Federal Laws which contain the specified basis, and on regulations of the Federal Laws adopted according to them regulations of the Bank of Russia which violation by the financial organization confirms availability of the basis for application of measures to the financial organization;

reasons for conclusions about availability of essential threat to the rights and legitimate interests of physical persons with which contracts (transactions) are signed (if the basis for application of measures to the financial organization is numerous provision to the physical persons which are not skilled investors according to article 51.2 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" <1>, incomplete and (or) unreliable information about agreements (transactions) and risks arising in case of their execution which creates essential threat to the rights and legitimate interests of such physical persons);

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