It is registered
Ministry of Justice
On March 14, 2007 No. 9098
of February 21, 2007 No. 130-I
About procedure for receipt of prior consent of the Bank of Russia to acquisition and (or) obtaining in trust management of shares (shares) of credit institution
This Instruction based on article 61 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, Art. 2790; 2007, N1 (1 h), Art. 9) and article 11 of the Federal law "About Banks and Banking Activity" (Sheet of congress of People's Deputies of RSFSR and Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 2001, N 26, Art. 2586; 2006, N 19, Art. 2061; 2007, N1 (1 h), the Art. 9) (further - the Law on banks) 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 February 16, 2007 N 4) establish procedure for receipt of prior consent of the Bank of Russia to acquisition and (or) obtaining in trust management of shares (shares) of credit institution as a result of one or several transactions of one legal entity or physical person or group of the legal and (or) physical persons connected among themselves by the agreement, or group of the legal entities who are affiliated or dependent on the relation to each other (further - group of persons).
Requirements of this Instruction do not extend to the cases connected with share acquisition (share) of credit institution under its organization.
1.1. Prior consent of the Bank of Russia to share acquisition (shares) of credit institution shall be received by legal entity or physical person or group of persons (further - the acquirer) in case of acquisition, including in the secondary market, and (or) obtaining in trust management of shares (shares) of credit institution (daleepriobreteniye) as a result of one or several transactions, including:
1.1.1. transactions as a result of which shares (share) of credit institution will appear in property of acquirers - shareholders (participants) of credit institution;
1.1.2. transactions as a result of which shares (share) of credit institution will take over or the order of other persons (group of persons), including acquisition more than 50 percent of voting shares (share in the authorized capital) of the economic society (economic societies) having (having) significant effect on the decisions made by governing bodies of credit institution including owing to the fact that economic society (economic societies) owns (own) more than 20 percent of shares (share) of credit institution;
1.1.3. convertings of the issued securities converted into shares of credit institution;
1.1.4. obligation fulfillments on options, the decision on which release provides the right of their converting in the share of credit institution;
1.1.5. distributions of the share belonging to the credit institution operating in the form of limited liability company between members of this credit institution;
1.1.6. acquisitions of property right to shares (shares) of credit institution according to the procedure of legal succession as a result of reorganization of shareholders (participants) of credit institutions in forms of accession, allocation, separation, merge;
1.1.7. entering of shares (shares) of credit institution into the authorized capital of legal entities which are not credit institutions.
1.2. Prior consent of the Bank of Russia shall be received until transaction (transactions) as a result of which, (which) the legal entity or physical person (group of persons) will be the acquirer of shares (shares) of credit institution, except as specified, provided by this Instruction.
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