INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of January 9, 2025 No. 6986-U

About procedure for representation by foreign bank, in case of decision making about the activities implementation termination in the territory of the Russian Federation through the branch, in the Bank of Russia of the annulment petition of the license for banking operations for activities implementation in the territory of the Russian Federation through the branch, the list of the documents attached to the petition, procedure for its consideration by the Bank of Russia and adoptions of the decision on it

This Instruction based on part three of article 23.7 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 representation by foreign bank, in case of decision making about the activities implementation termination in the territory of the Russian Federation through the branch, in the Bank of Russia of the annulment petition of the license for banking operations for activities implementation in the territory of the Russian Federation through the branch and the list of the documents attached to the petition;

procedure for consideration by the Bank of Russia of the annulment petition of the license for banking operations for activities implementation in the territory of the Russian Federation through the branch and adoptions on it of the decision provided by foreign bank in case of decision making about the activities implementation termination in the territory of the Russian Federation through the branch.

1. The foreign bank, in case of decision making about the activities implementation termination in the territory of the Russian Federation through the branch, shall provide to the Bank of Russia (the structural division of the Bank of Russia which is directly exercising supervision of activities of branch of foreign bank through which the foreign bank exercises activities in the territory of the Russian Federation (further - branch of foreign bank) the annulment petition of the license for banking operations for activities implementation in the territory of the Russian Federation through the branch (further respectively - the license, the Petition) no later than 15 working days following behind day of decision making.

The recommended sample of the Petition is given in appendix to this Instruction.

2. The following documents which are its integral part are attached to the Petition:

the document confirming adoption by foreign bank of the decision on the activities implementation termination in the territory of the Russian Federation through the branch;

the document, confirmatory that the total amount of obligations to creditors assumed by foreign bank through branch of foreign bank does not exceed the size of the minimum security deposit of branch of the foreign bank provided by part four of article 11.2-1 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ), as of acceptance date foreign bank of the decision on the activities implementation termination in the territory of the Russian Federation through the branch;

the document confirming observance of the obligatory standard rates established according to article 62.3 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" on acceptance date by foreign bank of the decision on the activities implementation termination in the territory of the Russian Federation through the branch.

3. The Bank of Russia for the purpose of decision making about cancellation at foreign bank of the license considers the Petition no more than 45 working days following behind day of its submission to the Bank of Russia in time.

4. By consideration of the Petition the Bank of Russia performs check:

Petition compliance to the requirement of Item 2 presents of the Instruction, including regarding its completeness;

reliability of the data containing in the Petition.

5. If following the results of consideration of the Petition it is not possible to perform the check specified in item 4 of this Instruction, the Bank of Russia during term, the stipulated in Item 3 presents of the Instruction requests from foreign bank information confirming Petition compliance to the requirement of Item 2 presents of the Instruction and (or) reliability of the data containing in the Petition with indication of the term of its representation which cannot be less than three working days.

6. In case of Petition compliance to the requirement of Item 2 presents of the Instruction, reliability of the data containing in the Petition and absence at foreign bank of grounds for revocation of the license the Bank of Russia makes the decision on cancellation at foreign bank of the license no more than 45 working days following behind day of submission of the Petition in time.

The decision of the Bank of Russia on cancellation at foreign bank of the license is drawn up by the order of the Bank of Russia.

7. In case of discrepancy of the Petition to the requirement of Item 2 presents of the Instruction, and (or) unauthenticity of the data containing in the Petition, the Bank of Russia during term, the stipulated in Item 3 presents of the Instruction the notification with indication of the revealed discrepancies to the requirement of Item sends to foreign bank 2 presents of the Instruction, including the list of missing documents from among the documents specified in Item 2 presents of the Instruction and (or) the false information containing in the Petition.

The foreign bank represents to the Bank of Russia the Petition corrected according to the notification specified in paragraph one of this Item including missing documents in time no later than 10 working days following behind day of its obtaining.

8. If the foreign bank submitted to the Bank of Russia documents according to the paragraph the second Item 7 of this Instruction, the term, the stipulated in Item 3 presents of the Instruction, begins to be estimated from the date of submission by foreign bank of the specified documents to the Bank of Russia.

9. In case of non-presentation of documents by foreign bank according to the paragraph the second Item 7 of this Instruction the Bank of Russia no later than 3 working days following behind day of the expiration provided by the paragraph the second Item 7 of this Instruction notifies foreign bank on the termination of consideration of the Petition.

10. The Bank of Russia notifies foreign bank on the termination of consideration of the Petition no later than 3 working days following behind day of receipt in the Bank of Russia during term, the stipulated in Item 3 presents of the Instruction, the notification of foreign bank on cancellation of the decision on the activities implementation termination in the territory of the Russian Federation through the branch with appendix of the document confirming cancellation of the specified decision.

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