INSTRUCTION OF THE CENTRAL BANK OF RUSSIA

of March 27, 2007 No. 1807-U

About procedure for adoption by the Bank of Russia of the decision on state registration of the changes made to constituent documents of credit institution and licensing for banking operations in connection with change of the status of credit institution from bank on non-bank credit institution or in connection with change of type of non-bank credit institution

This Instruction based on the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, of Art. 5032; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 25, Art. 2426; N 30, of Art. 3101; 2006, N 19, Art. 2061; N 25, of Art. 2648; 2007, N 1, Art. 9, Art. 10; N 10, of Art. 1151; N 18, of Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, of Art. 4982; N 52, of the Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, of Art. 3629; N 48, of Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, of the Art. 3873), the Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 N 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, Art. 3469; 2001, N 26, Art. 2586; N 33, of Art. 3424; 2002, N 12, Art. 1093; 2003, N 27, Art. 2700; N 50, of Art. 4855; N 52, of the Art. 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 1, Art. 18, Art. 45; N 30, of Art. 3117; 2006, N 6, Art. 636; N 19, of Art. 2061; N 31, of Art. 3439; N 52, of Art. 5497; 2007, N 1, Art. 9; N 22, of Art. 2563; N 31, of Art. 4011; N 41, of Art. 4845; N 45, of Art. 5425; N 50, of Art. 6238; 2008, N 10, Art. 895; N 15, of Art. 1447; 2009, N 1, Art. 23; N 9, of Art. 1043; N 18, of Art. 2153; N 23, of Art. 2776; N 30, of Art. 3739; N 48, of Art. 5731; N 52, of Art. 6428; 2010, N 8, Art. 775; N 19, of Art. 2291; N 27, of Art. 3432; N 30, of Art. 4012; N 31, of Art. 4193; N 47, of Art. 6028; 2011, N 27, Art. 3873, Art. 3880; N 29, of the Art. 4291) (further - the Federal Law "About Banks and Banking Activity") establishes procedure for adoption by the Bank of Russia of the decision on state registration of the changes made to constituent documents of credit institution, and licensing for banking operations in connection with change of the status of credit institution from bank on non-bank credit institution including in connection with non-compliance by bank with requirements to the size of own means (capital), the stipulated in Clause 11.2 Federal Laws "About Banks and Banking Activity".

This Instruction is applied also in case of change of type of non-bank credit institution.

1. Before submission by bank to the Bank of Russia of the petition for change of the status on the status of non-bank credit institution, bank agrees on possibility of use of the corporate names of non-bank credit institution assumed complete corporate and reduced according to the procedure, N135-I "About Procedure for Adoption by the Bank of Russia of the Decision on State Registration of Credit Institutions and Issue of Licenses for Banking Operations" established by Chapter 19 of the Instruction of the Bank of Russia of April 2, 2010 registered by the Ministry of Justice of the Russian Federation on April 22, 2010 N 16965, on December 17, 2010 N 19217, on June 15, 2011 N 21033 ("the Bulletin of the Bank of Russia" of April 30, 2010 N 23, of December 30, 2010 N 73, of June 22, 2011 N 33) (further - the Instruction of the Bank of Russia of N135-I).

Before submission by bank to the Bank of Russia of documents, the stipulated in Item 2 presents of the Instruction (including before date of meeting of authorized body of management of bank concerning change of the status of bank on the status of non-bank credit institution), can be submitted to the Bank of Russia (Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia) by bank the specified documents (drafts of the specified documents). The Bank of Russia sends to bank the written confirmation of receipt of documents (draft documents) or issues this confirmation on receipt to the authorized person of bank.

The Bank of Russia (Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia) within thirty calendar days from the date of submission of documents (draft documents) considers them and sends to bank the conclusion about results of consideration. The conclusion can be sent to the authorized person of bank (it is issued on receipt to the authorized person of bank).

2. After obtaining, the written message of Department of licensing of activities and financial improvement of credit institutions containing the conclusion about possibility of use of expected new names of credit institution, the bank sends to the territorial office of the Bank of Russia exercising supervision of its activities (further - territorial office of the Bank of Russia) and to the Bank of Russia on 1 copy of the petition (in writing in any form) about change of the status on the status of non-bank credit institution (further - the petition), signed by the authorized person of bank.

2.1. In the petition the type of non-bank credit institution (settlement non-bank credit institution, the non-bank credit institution performing deposit credit operations or the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities), the list of banking activities, the right to which implementation the credit institution, currency in which it is planned to perform banking activities assumes to acquire, and also to contain request for extradition of the new license for banking operations shall be specified.

2.2. Ceased to be valid according to the Instruction of the Central Bank of Russia of 15.09.2011 No. 2702-U

2.3. Documents for state registration of the changes made to the constituent documents of credit institution (including constituent documents in the new edition) provided by the Instruction of the Bank of Russia of N135-I shall be attached to the petition sent to the Bank of Russia. In case of change of the status of credit institution from bank on the settlement non-bank credit institution planning implementation of calculations using clearing the provision regulating procedure for carrying out calculations shall be also attached to the petition. In case of change of the status of credit institution from bank on the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities rules of implementation of the translation of electronic money shall be also attached to the petition.

The changes made to constituent documents of credit institution shall contain:

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