PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 21, 2023 No. 825-P

About cases and procedure for carrying out by the Bank of Russia of checks of activities of receivers of credit institution, insurance company, non-state pension fund

This Provision based on item 4 of Article 180, of Item 11 of Article 184.4-1, of Item 8 of Article 186.3-2 and Item 6 of article 189.79 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" establishes cases and procedure for carrying out by the Bank of Russia of checks of activities of receivers of credit institution, insurance company, non-state pension fund.

Chapter 1. General provisions

1.1. The Bank of Russia has the right to perform activities of the receiver of credit institution, insurance company, non-state pension fund (further in case of joint mentioning - the receiver) (further - check) in the following cases:

receipt in the Bank of Russia of data on violation by the receiver (requirements of the regulatory legal acts governing the relations connected with insolvency (bankruptcy) of credit institutions, insurance companies, non-state pension funds;

revenues in the Bank of Russia of the claim of creditor meeting and (or) creditor committee to actions (failure to act) of the receiver of credit institution, insurance company and (or) the annulment petition of accreditation under the Bank of Russia of the arbitration manager as the receiver in case of bankruptcy of credit institutions (further respectively - accredited person, accreditation under the Bank of Russia);

receipt in the Bank of Russia of data on unauthenticity of the reporting of the liquidated credit institution, insurance company, non-state pension fund represented to the Bank of Russia;

violation by the receiver of credit institution of procedure for the creation and submission of the reporting of the liquidated credit institution established by the Instruction of the Bank of Russia of June 5, 2017 No. 4395-U "About the list, forms and procedure for creation and submission of the reporting of the liquidated credit institutions to the Central bank of the Russian Federation" <1>;

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<1> It is registered by the Ministry of Justice of the Russian Federation on August 22, 2017, registration No. 47898.

violation by the receiver of insurance company of procedure for the submission of the reporting of insurance company established by the Instruction of the Bank of Russia of June 13, 2017 No. 4404-U "About procedure for representation of insurance company to receivers in the Bank of Russia of the documents and information provided by Items 9 and 10 of article 184.4-1 of the Federal law "About Insolvency (Bankruptcy)", procedure for withdrawal by the receiver at insurance agents and other persons to whom forms of the strict reporting of insurance company, forms of the strict reporting of insurance company and their destruction by the receiver" were transferred <1>;

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<1> It is registered by the Ministry of Justice of the Russian Federation on August 22, 2017, registration No. 47896.

violation by the receiver of the non-state pension fund performing activities for mandatory pension insurance, procedure for provision of reports and other information on the course of bankruptcy proceedings of the non-state pension fund performing activities for mandatory pension insurance established by the Instruction of the Bank of Russia of January 26, 2016 No. 3947-U "About procedure for provision by the receiver of reports, and also other information on the course of bankruptcy proceedings concerning the non-state pension fund performing activities for mandatory pension insurance and requirements to their structure" <2>;

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<2> It is registered by the Ministry of Justice of the Russian Federation on March 3, 2016, registration No. 41309.

non-compliance with implementation of actions by the receiver of terms during the liquidating procedures established by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - the Federal Law "About Insolvency (Bankruptcy)");

receipt of the statement of accredited person for prolongation of term of accreditation under the Bank of Russia;

need of check of execution by the receiver of credit institution, insurance company of the instruction about elimination of violations of the regulatory legal acts governing the relations connected with insolvency (bankruptcy) of credit institutions, insurance companies;

the expiration of one year after day of completion of the previous check;

the expiration of six months from the date of appointment of the receiver.

1.2. The Bank of Russia and receivers perform exchange of documents and information in connection with conducting check:

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