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Ministry of Justice

Russian Federation

On December 22, 2023 No. 76559

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 21, 2023 No. 6535-U

About procedure for coordination with the Bank of Russia of return of the money which is mistakenly enlisted on correspondent account (sub-account) of credit institution and (or) accounts of digital ruble of credit institution

This Instruction based on item 4 of part thirteen of article 20 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) establishes procedure for coordination with the Bank of Russia of return of the money which is mistakenly enlisted on correspondent account (sub-account) of credit institution and (or) accounts of digital ruble of credit institution after day of response at credit institution of the license for banking operations and about day of entry into force of the decision of Arbitration Court on recognition of credit institution by insolvent (bankrupt) or about its liquidation.

1. Coordination of return of the money which is mistakenly enlisted on correspondent account (sub-account) of credit institution and (or) accounts of digital ruble of credit institution (further in case of joint mentioning - the account of credit institution) after day of response at credit institution of the license for banking operations (further - the license) and about day of entry into force of the decision of Arbitration Court on recognition of credit institution by insolvent (bankrupt) or about its liquidation (further - mistakenly enlisted money), is performed by the Bank of Russia based on the application for coordination of return of mistakenly enlisted money (further - the statement) which is submitted by temporary administration on management of credit institution, appointed the Bank of Russia in connection with response at credit institution of the license according to Item 2 of article 189.26 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - temporary administration), with appendix of the notice on transfer of money into the account of credit institution in electronic form no later than three working days from the date of obtaining from credit institution - the correspondent or from division of the Bank of Russia serving the account of credit institution, the notice on transfer of money. The recommended application form is given in appendix to this Instruction.

2. The Bank of Russia refuses coordination of return of mistakenly enlisted money if:

2.1. The notice on transfer of money into the account of credit institution is not enclosed to the application.

2.2. The data on transaction specified in the statement do not correspond to the data on transaction specified in the notice on transfer of money the account of credit institution.

2.3. By results of consideration of the application and the notice on transfer of money attached to it into the account of credit institution the fact of wrong transfer of money into the account of credit institution did not prove to be true.

3. The Bank of Russia approves return of mistakenly enlisted money (refuses coordination of return of mistakenly enlisted money) by the direction to temporary administration of the notification on coordination (about refusal in coordination) return of mistakenly enlisted money in electronic form no later than seven working days following behind day of receipt in the Bank of Russia of the documents submitted by temporary administration according to Item of 1 this Instruction.

The notification on refusal in coordination of return of mistakenly enlisted money shall contain motivated reasons for refusal in coordination.

4. In case of the direction the Bank of Russia of the notification on refusal in coordination of return of mistakenly enlisted money on the bases provided by subitems 2.1 and 2.2 of Item 2 presents of the Instruction, the temporary administration has the right to submit in the Bank of Russia the application repeatedly no later than two working days from the date of obtaining from the Bank of Russia of the notification on refusal in coordination of return of mistakenly enlisted money.

5. Interaction of the Bank of Russia and temporary administration according to this Instruction is performed by means of private office, the reference to which is posted on the official site of the Bank of Russia on the Internet, according to the procedure determined by the Bank of Russia based on parts one and the fourth article 73.1 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)".

6. This Instruction is subject to official publication 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 15, 2023 No. PSD-38) become effective since April 1, 2024.

Chairman of the Central bank of the Russian Federation

E. S. Nabiullina

Appendix

to the Instruction of the Bank of Russia of September 21, 2023 No. 6535-U "About procedure for coordination with the Bank of Russia of return of the money which is mistakenly enlisted on correspondent account (sub-account) of credit institution and (or) accounts of digital ruble of credit institution"

Recommended sample

Bank of Russia

Address

The statement for coordination of return of mistakenly enlisted money

No. ________ from __ __________ 20 __.

According to item 4 of part thirteen of Article 20 Federal

the law of December 2, 1990 "About banks and banking activity" (in

No. 17-FZ) I ask editions of the Federal Law of February 3, 1996

approve return of money in the amount (the name of currency)

_________________________ (______________________________________________),

(amount in figures) (sum in words)

mistakenly enlisted on correspondent account (sub-account) and (or) the account

digital ruble ___________________________________________________________

(full trade name of credit institution,

PSRN <1>, INN <2>)

after day of response at it of the license for banking operations

(the order of the Bank of Russia from __ ___________ 20 __ No. ____________) on the basis

orders about money transfer and (or) orders about making

transactions with digital rubles from __ ___________ 20 __ No. ____________.

Appendix: notice on transfer of money.

(head of temporary administration)

(initials, surname)

--------------------------------

<1> Primary state registration number.

<2> Identification taxpayer number.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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