INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 27, 2025 No. 7108-U

About criteria for evaluation of efficiency of actions for counteraction to the conclusion of agreements of consumer loan without the voluntary consent of the client and on procedure for submission by credit institution of the petition for conducting by the Bank of Russia check of compliance of the credit institution which addressed with the petition, to criteria for evaluation of efficiency of actions for counteraction to the conclusion of agreements of consumer loan without the voluntary consent of the client

This Instruction based on parts one and the second article 24.5 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) establishes:

criteria for evaluation of efficiency of actions for counteraction to the conclusion of agreements of consumer loan without the consent of the client or with the consent of the client received under the influence of deception or in case of confidence abuse;

procedure for submission by credit institution of the petition for conducting by the Bank of Russia check of compliance of the credit institution which addressed with the petition, to criteria for evaluation of efficiency of actions for counteraction to the conclusion of agreements of consumer loan without the consent of the client or with the consent of the client received under the influence of deception or in case of confidence abuse.

1. Criteria for evaluation of efficiency of actions for counteraction to the conclusion of agreements of consumer loan without the consent of the client or with the consent of the client received under the influence of deception or in case of confidence abuse (further respectively - evaluation criteria, agreements of consumer loan without the voluntary consent of the client), are:

1.1. Absence unexecuted credit institution of instructions of the Bank of Russia about elimination of violations of requirements of parts 3.1, 3. 2, 3.4 - 3.6, 3.8 - 3.13 of Article 8, parts 2.1, 11.1 - 11. 8, 11.11, 12, 13, the 15th Articles 9, parts 4, 6, the 7th article 27 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (further - the Federal Law No. 161-FZ) and (or) the regulations of the Bank of Russia adopted on their basis.

1.2. Absence unexecuted credit institution of instructions of the Bank of Russia about elimination of violations of requirements of Item 3 parts one, Article 24 parts two. 2, Articles 24. 3, 24.4, parts one, third Article 24.3-1, of part of the sixteenth Article 30, parts of the seventeenth article 30.1 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (further - the Federal Law "About Banks and Banking Activity"), parts 9.1 - 9.4 Articles 7, parts 7 of article 13 of the Federal Law of December 21, 2013 No. 353-FZ "About consumer loan (loan)" (further - the Federal Law No. 353-FZ) and (or) the regulations of the Bank of Russia adopted on their basis.

1.3. Lack of numerous cases of the conclusion credit institution of agreements of consumer loan without the voluntary consent of the client.

2. The credit institution corresponding to evaluation criteria throughout the period more than two quarters in a row preceding the appeal to the Bank of Russia having the right to provide the petition for conducting check of compliance of credit institution by the Bank of Russia to evaluation criteria to the Bank of Russia (further - the petition) (the recommended sample is given in appendix to this Instruction).

3. The represented petition shall contain request of credit institution for conducting check of its compliance by the Bank of Russia to evaluation criteria, and also one of the following requests:

about limiting increase in the amounts of consumer loan or limiting crediting limit and (or) about reducing terms of transfer of money to the borrower in comparison with the amounts and (or) terms established by part 9.3 of article 7 of the Federal Law No. 353-FZ;

about provision of credit institution of the right to realize actions for counteraction to the conclusion of agreements of consumer loan without the voluntary consent of the client based on own techniques of assessment of the conclusion of agreements of consumer loan without the voluntary consent of the client without the requirements established by part 9.3 of article 7 of the Federal Law No. 353-FZ.

The petition is signed by person performing functions of sole executive body of credit institution or his deputy.

4. The following information which is its integral part is attached to the petition:

4.1. Information on compliance of credit institution to evaluation criteria throughout the period more than two quarters in a row, the submission to the Bank of Russia of the petition preceding date.

4.2. Information on the limiting amount of consumer loan or limiting crediting limit and (or) on terms of transfer of money to the borrower which the credit institution asks to increase and reduce in case of submission of the petition according to the paragraph to the second Item 3 presents of the Instruction.

4.3. Information on technique of assessment of the conclusion of agreements of consumer loan without the voluntary consent of the client in case of submission of the petition according to the paragraph to third Item 3 presents of the Instruction.

5. The credit institution has the right to provide the petition to the Bank of Russia not more often than two times a year.

If the credit institution represented to the Bank of Russia the petition earlier (further - the previous petition), the subsequent petition can be provided by credit institution to the Bank of Russia in one of the following cases:

cancellation by the Bank of Russia of the decision made based on the previous petition specified in part three of article 24.5 of the Federal law "About Banks and Banking Activity" according to part four of article 24.5 of the Federal law "About Banks and Banking Activity";

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