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

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 10, 2024 No. 840-P

About procedure for the requirement the Bank of Russia from credit institution of implementation of measures for its financial improvement, reorganization, procedure and terms of submission of the plan of measures for financial improvement of credit institution, its form, procedure and terms of implementation by the Bank of Russia of control over the implementation by credit institution of the plan of measures for financial improvement
(Extraction)

This Provision based on Item 5 of Article 189. Items 3 and 4 of article 189.21 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" establishes 9,:

procedure for the requirement the Bank of Russia from credit institution of implementation of measures for its financial improvement;

procedure for the requirement the Bank of Russia from credit institution of its reorganization;

procedure and terms of submission of the plan of measures for financial improvement of credit institution;

form of the plan of measures for financial improvement of credit institution;

procedure and terms of implementation by the Bank of Russia of control over the implementation by credit institution of the plan of measures for financial improvement.

Chapter 1. Procedure for the requirement the Bank of Russia from credit institution of implementation of measures for its financial improvement

1.1. The decision on the direction of credit institution of the requirement about implementation of measures for financial improvement is made by the Bank of Russia:

within 20 working days following behind day of identification by the Bank of Russia of the bases, the stipulated in Article 189.10 Federal Laws of October 26, 2002 to No. 127-FZ "About insolvency (bankruptcy)" (further - the Federal Law "About Insolvency (Bankruptcy)");

within 5 working days following behind day of receipt in the Bank of Russia of the petition of the head of credit institution for implementation of measures for the prevention of bankruptcy according to item 4 of article 189.19 of the Federal law "About Insolvency (Bankruptcy)" (in the presence at credit institution of the bases, the stipulated in Article 189.10 Federal Laws "About Insolvency (Bankruptcy)") or behind day of identification of not direction fact by the Bank of Russia by the head of credit institution in the Bank of Russia stipulated in Item 4 articles 189.19 of the Federal law "About Insolvency (Bankruptcy)" of the petition for implementation of measures for the prevention of bankruptcy of credit institution.

1.2. In case of decision making about the direction of credit institution of the requirement about implementation of measures for financial improvement the Bank of Russia within 5 working days following behind day of adoption of the specified decision sends to credit institution the requirement about implementation of measures for financial improvement.

1.3. In the requirement about implementation of measures for financial improvement in the presence at credit institution of the bases provided by Items 1 - the 5th article 189.10 of the Federal law "About Insolvency (Bankruptcy)", are specified:

the reasons which formed the basis for its direction;

the requirement to perform measures for financial improvement of credit institution;

recommendations of forms and terms of implementation of measures for financial improvement of credit institution taking into account requirements, stipulated in Item the 7th article 189.20 of the Federal law "About Insolvency (Bankruptcy)".

1.4. In the requirement about implementation of measures for financial improvement in the presence at credit institution of the basis, the stipulated in Item Federal Law "About Insolvency (Bankruptcy)" of the 6th Article 189.10, are specified:

the reasons which formed the basis for its direction;

the requirement to bring into accord the size of the authorized capital of credit institution and size of its own means (capital) with indication of on obligation, in case of impossibility of increase in size of own means (capital) of credit institution up to the size of its authorized capital, to reduce the size of the authorized capital of credit institution up to the size which is not exceeding the size of its own means (capital) and to make corresponding changes to constituent documents of credit institution within 45 days from the date of receipt of the specified requirement of the Bank of Russia;

the requirement to submit to the Bank of Russia the documents necessary for registration of changes in the decision on issue of securities in connection with change of their nominal value, stipulated in Item 12.14 Provisions of the Bank of Russia of December 19, 2019 No. 706-P "About standards of issue of securities" <1>, within 3 working days following behind day of meeting of general meeting of shareholders of credit institution on which the decision on reduction of the size of the authorized capital of credit institution by reduction of share par value by modification of the decision on issue of securities in connection with change of their nominal value (in case of execution by credit institution of the requirement provided by the paragraph third this Item by reduction of the size of the authorized capital up to the size which is not exceeding the size of its own means (capital) is made;

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

<1> It is registered by the Ministry of Justice of the Russian Federation on April 21, 2020, registration No. 58158, with the changes made by Instructions of the Bank of Russia of October 1, 2021 No. 5959-U (it is registered by the Ministry of Justice of the Russian Federation on November 8, 2021, registration No. 65721), of July 4, 2022 No. 6195-U (it is registered by the Ministry of Justice of the Russian Federation on November 10, 2022, registration No. 70919), of March 4, 2024 No. 6686-U (it is registered by the Ministry of Justice of the Russian Federation on March 19, 2024, registration No. 77551).