ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 18, 2023 No. 39

About cases of admissibility of agreements between credit and insurance companies, and also foreign insurance companies and about recognition voided some acts and separate provision of the act of the Government of the Russian Federation

According to part 2 of article 13 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed general exceptions concerning agreements between credit and insurance companies, and also foreign insurance companies.

2. Credit and insurance companies, and also foreign insurance companies - agreement parties have the right to file in antimonopoly authority petition for check of compliance of the draft agreement to the general exceptions approved by this resolution.

3. Recognize invalid:

Item 488 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1,2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts are not applied separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" (The Russian Federation Code, 2021, No. 2, the Art. 471) are not applied;

the order of the Government of the Russian Federation of April 30, 2009 No. 386 "About cases of admissibility of agreements between credit and insurance companies" (The Russian Federation Code, 2009, No. 19, the Art. 2343);

the order of the Government of the Russian Federation of December 3, 2010 No. 968 "About modification of general exceptions concerning agreements between credit and insurance companies" (The Russian Federation Code, 2010, No. 50, the Art. 6705);

the order of the Government of the Russian Federation of April 29, 2014 No. 394 "About modification of the order of the Government of the Russian Federation of April 30, 2009 No. 386" (The Russian Federation Code, 2014, No. 19, the Art. 2428);

the order of the Government of the Russian Federation of April 24, 2017 No. 487 "About modification of the order of the Government of the Russian Federation of April 30, 2009 No. 386" (The Russian Federation Code, 2017, No. 18, the Art. 2796).

4. This resolution becomes effective since September 1, 2023 and is effective till September 1, 2025.

Approved by the Order of the Government of the Russian Federation of January 18, 2023 No. 39

General exceptions concerning agreements between credit and insurance companies, and also foreign insurance companies

1. This document is applied to agreements between credit institutions and insurance companies, and also the foreign insurance companies having the right according to the Law of the Russian Federation "About the organization of insurance case in the Russian Federation" to perform insurance activity in the territory of the Russian Federation (further - insurance companies) concerning which the conditions provided by one of the following subitems are complied (further - agreements):

a) agreements determine order of interaction of the parties in case of risks insurance of borrowers of credit institution, including potential borrowers, being legal entities and physical persons;

risks insurance is the compulsory provision of provision of loan or crediting of borrowers (further - crediting) in accordance with the legislation of the Russian Federation and (or) terms of the contract of the loan or the credit agreement signed between credit institution and the borrower, or risks insurance is not the compulsory provision of crediting, but matters for determination of its conditions, including influences the size of interest rate for the credit agreement (loan agreement);

b) the agreement is the insurance contract under the terms of which insurance company shall pay for the payment caused by the agreement paid by credit institution one-timely or to pay the insurance sum which is periodically caused by the agreement in case of damnification of life and to health of the borrower of this credit institution, achievement of certain age or approach by it in his life of other event (insured event) provided by the agreement, and accession to such insurance contract is the compulsory provision of crediting or influences the size of interest rate for the credit agreement (loan agreement).

2. The agreement is recognized admissible if the credit institution which is the party of such agreement accepts insurance policies (insurance contracts) of any insurance organization meeting the requirements of credit institution to insurance companies and conditions of provision of insurance service and satisfies at the same time following conditions:

a) establishes for insurance companies the exhaustive list of requirements which:

are directed to assessment of financial stability and solvency of insurance company, and also to disclosure of information on owners of insurance company according to requirements of the Central bank of the Russian Federation to procedure for disclosure of such information;

do not contain criteria for evaluation of compliance to requirements of credit institution, various for insurance companies, depending on the level of the credit score assigned to insurance company by the foreign credit rating agencies or credit rating agencies included in the register of credit rating agencies of the Central bank of the Russian Federation;

do not provide obligatory availability at insurance company:

certain size of the authorized capital, except for case when this size corresponds to the minimum size of the authorized capital of insurance company established by the insurance legislation, and for foreign insurance company - certain size of security deposit of branch of foreign insurance company, except for case when this size corresponds to the minimum size of security deposit of branch of foreign insurance company established by the insurance legislation;

certain size of collected insurance premium (in absolute expression) in general or on types of insurance;

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