PROVISION OF THE CENTRAL BANK OF RUSSIA

of July 3, 2007 No. 306-P

About conducting by the Bank of Russia checks of activities of receivers and liquidators of credit institutions

This Provision according to the Federal Law "About Insolvency (Bankruptcy) of Credit Institutions" (The Russian Federation Code, 1999, N 9, Art. 1097; 2001, N 26, Art. 2590; 2002, N 12, Art. 1093; 2004, N 31, Art. 3220; N 34, of Art. 3536; 2007, N 1, Art. 10), Federal Law "About Banks and Banking Activity" (Sheets of the 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; 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; Art. N 52, 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, of Art. 3233; N 45, of Art. 4377; 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; 2007, N 1, Art. 9; Art. N 22, 2563) determines cases and procedure for carrying out by the Bank of Russia of checks of activities of receivers and liquidators of credit institutions (further - receivers (liquidators).

Chapter 1. General provisions

1.1. The Bank of Russia performs compliance of activities of receivers (liquidators) to requirements of the regulatory legal acts governing the relations connected with liquidation of credit institutions including in case of insolvency (bankruptcy) of credit institutions (further - checks).

1.2. Are performed by authorized representatives of the Bank of Russia, namely:

employees of Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia (daleedepartament);

employees of divisions of the territorial offices of the Bank of Russia (further - territorial offices) performing functions of control of liquidation of credit institutions.

Other bank clerks of Russia can be recruited in checks according to the decision of the official of the Bank of Russia having rights to appoint check.

Chapter 2. Conducting check

2.1. The Bank of Russia has the right to perform in the following cases:

availability at the Bank of Russia of the data giving the grounds to assume violation by the receiver (liquidator) when implementing the activities of the regulatory legal acts governing the relations connected with liquidation of credit institutions including in case of insolvency (bankruptcy) of credit institutions;

revenues in the Bank of Russia of the claim of creditor meeting and (or) creditor committee to actions (failure to act) of the receiver (liquidator) and the annulment petition of accreditation under the Bank of Russia of the arbitration manager as the receiver in case of bankruptcy of credit institution (further - accreditation under the Bank of Russia);

availability at the Bank of Russia of the data giving the grounds to assume that the reporting of the liquidated credit institution represented to the Bank of Russia is doubtful;

numerous violation by the receiver (liquidator) of the procedure for creation and submission of the reporting of the liquidated credit institution established by the Bank of Russia;

non-compliance with implementation of actions by the receiver (liquidator) of terms during the liquidating procedures established by the Federal Law "About Banks and Banking Activity", the Federal Law "About Insolvency (Bankruptcy)" (The Russian Federation Code, 2002, N 43, Art. 4190; 2004, N 35, Art. 3607; 2005, N 1, Art. 18, Art. 46; N 44, of Art. 4471; 2006, N 30, Art. 3292; 2007, N 7, the Art. 834) and the Federal Law "About Insolvency (Bankruptcy) of Credit Institutions", including in direction cases the receiver (liquidator) of petitions for prolongation of these terms;

receipt of the statement of the receiver (liquidator) accredited under the Bank of Russia (further - accredited person), about prolongation of term of accreditation under the Bank of Russia;

need of check of execution by the receiver (liquidator) of the instruction about elimination of violations of the regulatory legal acts governing the relations connected with liquidation of credit institutions including in case of insolvency (bankruptcy) of credit institutions (further - the instruction);

representation of data to receivers for implementation of payments of the Bank of Russia according to the Federal Law "About Payments of the Bank of Russia for Household Deposits in the Banks Declared Bankrupt Which Are Not Participating in System of Compulsory Deposit Insurance of Physical Persons in Banks of the Russian Federation" (The Russian Federation Code, 2004, N 31, Art. 3232; 2006, N 31, Art. 3449; 2007, N 12, Art. 1350);

the expiration of 1 year after date of completion of the last check;

if by the Bank of Russia it was not performed.

Chapter 3. Procedure for appointment and conducting check

3.1. Treat the officials of the Bank of Russia having rights to appoint check:

Chairman of the Bank of Russia; First Deputy Chairman of the Bank of Russia; the vice-chairman of the Bank of Russia supervising Department - in case of purpose of the inspection which is carried out by Department including together with territorial office;

the department director - in case of purpose of the inspection which is carried out by Department;

head of territorial office; the deputy of territorial office - in case of purpose of the inspection which is carried out by territorial office in the location of the liquidated credit institution.

3.2. Purpose of check is drawn up by the order on conducting check of activities of the receiver (liquidator) (daleeporucheniye) in which the members of representatives on conducting check of bank representatives of Russia are determined (further - the working group of the Bank of Russia), with indication of the head of working group of the Bank of Russia and workgroup members of the Bank of Russia.

The order is constituted in 2 copies on appendix form 1 to this Provision, signed by the official of the Bank of Russia who appointed check.

The head of working group of the Bank of Russia hands the first copy of the order to the receiver (liquidator).

The fact of receipt of the order by the receiver (liquidator) makes sure on its second copy the signature and impress of a seal of the receiver (liquidator) with indication of date.

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