PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 21, 2022 No. 804-P

About procedure for selection of auditing organizations for conducting checks of credit institutions, and also auditing organizations and actuaries for conducting checks of not credit financial credit institutions

This Provision based on part two of Article 73 and part three of article 76.5 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" <1> and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of September 16, 2022 No. PSD-57) establish procedure for selection of auditing organizations for conducting checks of credit institutions, and also auditing organizations and actuaries for conducting checks of activities of not credit financial credit institutions.

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<1> Russian Federation Code, 2002, No. 28, Art. 2790; 2013, No. 30, Art. 4084; 2019, No. 29, Art. 3857.

Chapter 1. General provisions

1.1. Selection of auditing organization for conducting check of credit institution, and also auditing organization and the actuary for conducting check of activities of not credit financial credit institution (further - selection) is made by the Bank of Russia by means of use of information resources of electronic trading platform, information on which is posted on the official site of the Bank of Russia on the Internet (further respectively - the official site of the Bank of Russia, electronic trading platform).

1.2. The Bank of Russia, auditing organizations, actuaries perform exchange of the documents provided by this Provision with use of electronic trading platform.

1.3. Participation in selection is voluntary.

1.4. Costs of auditing organizations, actuaries for preparation and submission to the Bank of Russia of documents in connection with carrying out selection by the Bank of Russia are not compensated.

1.5. The documents submitted to the Bank of Russia by auditing organizations, actuaries in connection with carrying out selection shall be constituted in Russian and are signed by the strengthened qualified digital signature of the head of auditing organization (authorized by it persons) or the actuary.

The translation into Russian shall be applied to the documents constituted in foreign language. Fidelity of the translation or authenticity of the signature of the translator shall be attested according to Article 35, Article part one 38, Articles 46, of 80 and 81 Bases of the legislation of the Russian Federation on notariate of February 11, 1993 No. 4462-I <1>.

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<1> Sheets of the Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; Russian Federation Code, 2014, No. 30, Art. 4268; 2019, No. 52, Art. 7798; 2021, No. 22, Art. 3678; No. 27, Art. 5182.

1.6. The mode of processing and use by the Bank of Russia, auditing organizations, actuaries of information containing in the documents constituted in connection with carrying out selection shall provide its confidentiality.

1.7. Auditing organizations, actuaries are not allowed to participation in selections within ten years from the date of representation to the Bank of Russia of false information on compliance to the requirements provided by Items 2.1 and (or) 2.7 of this provision in case of the actual discrepancy to such requirements or the false information influencing assessment and (or) comparison of competitive offers by the Bank of Russia according to Item 3.3 of this provision.

Chapter 2. Organization of carrying out selection

2.1. For selection implementation the Bank of Russia creates the list of auditing organizations, the actuaries conforming to the following requirements (further - the List):

the auditing organization is created as the legal entity in accordance with the legislation of the Russian Federation;

the auditing organization is not in process of liquidation, auditing organization, the actuary are not recognized as insolvent (bankrupts), concerning auditing organization, the actuary there is no decision of Arbitration Court on introduction of one of insolvency proceedings according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" <1>;

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<1> Russian Federation Code, 2002, No. 43, Art. 4190; 2022, No. 27, Art. 4613.

the auditing organization has no tax debt, to charges, on other obligatory payments before budgets of all levels and state non-budgetary funds which size exceeds 25 percent of book value of assets of auditing organization according to accounting (financial) records of auditing organization in the year preceding year of the direction of documents and reference information according to Item 2.2 of this provision concerning auditing organization there is no fact of non-presentation of tax statements over a year;

the actuary has no tax debt, to charges, on other obligatory payments to budgets of all levels and state non-budgetary funds, concerning the actuary there is no fact of non-presentation of tax statements over a year;

the auditing organization, the actuary have no the property which is under arrest;

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<1> Russian Federation Code, 2002, No. 1, Art. 1; 2005, No. 19, Art. 1752; 2021, No. 24, Art. 4221.

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<2> Russian Federation Code, 2013, No. 14, Art. 1652; 2022, No. 16, Art. 2606.

<3> Russian Federation Code, 2011, No. 30, Art. 4571; 2022, No. 27, Art. 4632.

the auditing organization is not in process of reorganization in the form of separation or allocation;

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<4> Russian Federation Code, 1996, No. 25, Art. 2954; 2011, No. 19, Art. 2714; No. 50, Art. 7362; 2016, No. 27, Art. 4257.

between auditing organization (actuary) and the Bank of Russia there is no conflict of interest, concerning auditing organization, the actuary there are no facts of making of actions of corruption nature.

2.2. Auditing organizations, actuaries for inclusion in the List shall send registration, constituent, financial records and reference information (appendix 1 to this Provision) to the Bank of Russia, and also:

written consent of the actuary, head, members of collegiate executive body, the chief accountant of auditing organization on processing of personal data (the recommended sample is given in appendix 2 to this Provision);

written consent of the actuary, head, members of collegiate executive body, the chief accountant of auditing organization on the distribution of personal data (recommended sample is given in appendix 3 to this Provision) which is drawn up according to article 10.1 of the Federal Law of July 27, 2006 No. 152-FZ "About personal data" <1>;

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<1> Russian Federation Code, 2006, No. 31, Art. 3451; 2021, No. 1, Art. 58; 2022, No. 29, Art. 5233.

the obligation about non-admission of actions of corruption nature by auditing organization and prevention of conflict of interest (recommended sample is given in appendix 4 to this Provision) which is drawn up on the form of auditing organization (in the presence);

the obligation about non-admission by the actuary of actions of corruption nature and prevention of conflict of interest (the recommended sample is given in appendix 5 to this Provision).

2.3. In case of receipt from auditing organization, the actuary of documents and (or) the reference information which is not conforming to requirements, stipulated in Item 2.2 this provision, the Bank of Russia no later than two working days following behind day of their receipt shall notify on it auditing organization, the actuary with indication of the discrepancies to requirements revealed by the Bank of Russia, stipulated in Item 2.2 this provision.

The Bank of Russia no later than ten working days following behind day of receipt from auditing organization, the actuary of the documents and reference information conforming to requirements, stipulated in Item 2.2 this provision shall:

include auditing organization, the actuary in the List (in case of compliance of auditing organization, the actuary to requirements, stipulated in Item 2.1 this provision);

refuse inclusion of auditing organization, the actuary in the List (in case of discrepancy of auditing organization, the actuary to requirements, stipulated in Item 2.1 this provision).

2.4. The Bank of Russia notifies auditing organization, the actuary on inclusion (about refusal in inclusion) auditing organization, the actuary in the List no later than ten working days following behind day of receipt from auditing organization, the actuary of the documents and reference information conforming to requirements, stipulated in Item 2.2 this provision. In the notification on refusal in inclusion in the List the Bank of Russia shall specify causes of failure.

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