PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 12, 2007 No. 312-P

About procedure for provision by the Bank of Russia to credit institutions of the credits provided with assets or guarantees

This Provision is developed according to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, the Art. 2790, 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, of the Art. 2117) also establishes procedure for provision by the Bank of Russia to credit institutions of the credits provided with the assets provided by this Provision or guarantees (further - the credits of the Bank of Russia).

Chapter 1. General provisions

1.1. The loans of the Bank of Russia are granted to credit institutions - the residents of the Russian Federation (further - banks) meeting the requirements of this provision on the terms of urgency, the paid nature, recoverability and security.

1.2. According to this Provision the Bank of Russia provides to banks the following types of loan:

1.2.1. intra overnight credits - when implementing payment from bank accounts (correspondent accounts, correspondent sub-accounts) of banks over balance in cash on them;

1.2.2. the credits overnight - in the amount outstanding banks for the end of operational day of the intra overnight credits specified in subitem 1.2.1 of this Item;

1.2.3. other credits.

1.3. Loan interest rates of the Bank of Russia (including rates of cutting off and weighted average interest rates by results of credit auctions), terms for which the loans of the Bank of Russia specified in subitem 1.2.3 of Item 1.2 of this provision are granted the size and procedure for collection of payment for use of intra overnight credits and other conditions of carrying out credit operations by the Bank of Russia with banks are established by the Bank of Russia and published in "the Bulletin of the Bank of Russia".

1.4. The loans of the Bank of Russia are granted on bank accounts (correspondent accounts, correspondent sub-accounts) of banks opened in the Bank of Russia or settlement non-bank credit institutions which signed with the Bank of Russia the agreement on interaction when implementing transactions according to this Provision (further - authorized RNKO). Bank accounts of banks on which the loans of the Bank of Russia are granted hereinafter are referred to as, for the purpose of this provision, as key accounts.

The Bank of Russia has the right to set restrictions for the list of bank accounts on which the loans of the Bank of Russia according to this Provision are granted. Information on such restrictions and authorized RNKO is published in "the Bulletin of the Bank of Russia".

1.5. General terms of carrying out the credit operations performed according to this Provision are determined by general credit agreements on loan granting of the Bank of Russia, the provided assets or guarantees (further - general credit agreements) concluded between the Bank of Russia and banks on the conditions given in appendix 1 to this Provision. Conditions of each credit operation (except provision of intra overnight credit), including its security (mortgage) component, performed according to this Provision, are fixed in the notice on the loan granting of the Bank of Russia (appendix 2 to this Provision) (further - the Notice) directed by the Bank of Russia to borrowing banks.

1.6. Return of the credits of the Bank of Russia by borrowing banks is made in the terms specified in Notices.

Percent on the credits of the Bank of Russia are paid according to the procedure, provided by the general credit agreement.

1.7. In case of change of the conditions of loan granting of the Bank of Russia specified in Item 1.3 of this provision, loan granting of the Bank of Russia using new conditions is performed from the date of, the Bank of Russia specified in the decision on change of conditions of loan granting of the Bank of Russia. Change of conditions of loan granting of the Bank of Russia does not affect conditions of the loans of the Bank of Russia granted as of day since which new conditions of loan granting of the Bank of Russia are applied if other is not established by the decision of the Bank of Russia on change of the specified conditions.

1.8. The procedure of the transactions connected with provision and repayment of the credits of the Bank of Russia is stated in annex 3 to this Provision.

Chapter 2. Criteria for banks - potential borrowers and borrowing banks on the credits of the Bank of Russia

2.1. The bank having the right to the credits of the Bank of Russia according to this Provision and the general credit agreement (further - bank - the potential borrower) and borrowing bank shall correspond to the following criteria:

2.1.1. No. 2005-U "About assessment of economic situation of banks", the registered Ministry of Justice of the Russian Federation on May 26, 2008 No. 11755, on September 14, 2009 No. 14760, on April 20, 2012 No. 23905, on October 17, 2012 No. 25699, on December 17, 2013 No. 30618 ("the Bulletin of the Bank of Russia" of June 4, 2008 No. 28, of September 21, 2009 No. 55, of April 25, 2012 No. 21, of October 24, 2012 No. 62, of December 24, 2013 No. 77) (further - the Instruction No. 2005-U), or the regulations of the Bank of Russia establishing criteria of determination of financial condition of non-bank credit institutions is carried to 1 or 2 classification groups according to the Instruction of the Bank of Russia of April 30, 2008 if other is not provided by this Provision;

2.1.2. has no overdue monetary commitments before the Bank of Russia, including on the credits of the Bank of Russia and percent on them;

2.1.3. has unpaid no nedovznos in required reserves, the amounts of failure to carry out of averaging of required reserves, penalty for violation of mandatory reserve requirements, unpresented calculation of the size of required reserves;

2.1.4. ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 18.11.2013 No. 3113-U

2.1.5. signed the general credit agreement providing the corresponding type of loan of the Bank of Russia into the corresponding key account of bank with the Bank of Russia.

2.1 (1). The Bank of Russia can make the decision on provision to the borrowing bank carried to 3rd classification group according to the Instruction No. 2005-U or regulations of the Bank of Russia establishing criteria of determination of financial condition of non-bank credit institutions, the rights to the credits provided with guarantees according to this Provision on condition of compliance of bank to the criteria established by subitems 2.1. 2, 2.1.3 and 2.1.5 Items 2.1 of this provision, and in case of loan granting of the Bank of Russia into the key account of bank opened in authorized RNKO - also in case of fulfillment of requirements, stipulated in Item 2.3 this provision.

2.2. Intra overnight credits and the loans overnight are granted into the key account of bank - the potential borrower (borrowing bank) if in addition to compliance of the specified bank to criteria, stipulated in Item 2.1 this provision, the bank corresponds to the following criteria:

2.2.1. granted to the Bank of Russia the right to make payments from the corresponding key account of bank over balance in cash on it in accordance with the terms of the general credit agreement;

2.2.2. at the time of provision of intra overnight credit into the key account of bank the bank has no restrictions on the order with the money which is on this key account of bank and the payment for right to use by intra overnight credits according to the procedure, established by this Provision is collected from this key account of bank.

2.3. The loans of the Bank of Russia are granted into the key account of bank - the potential borrower (borrowing bank), opened in authorized RNKO if in addition to compliance of the specified bank to criteria, stipulated in Item 2.1 this provision, the bank granted to the Bank of Russia the right:

on receipt of information on transactions on the specified key account of bank;

on cash write-off from the specified key account of bank based on collection orders of the Bank of Russia in the amount of obligations of bank - the potential borrower (borrowing bank) on the credits of the Bank of Russia without order of the specified bank.

Chapter 3. Providing on the credits of the Bank of Russia

3.1. The assets provided by banks in providing the credits of the Bank of Russia are bills of exchange and (or) rights to claim according to credit agreements and (or) the bonds corresponding to the criteria established by this Provision.

The credits of the Bank of Russia, except intra overnight credits and the credits overnight, can be also provided with bank guarantees.

3.2. If loan security of the Bank of Russia are assets, the credit of the Bank of Russia is secure in case of accomplishment of the following conditions:

3.2.1. The assets which are providing on the credit of the Bank of Russia correspond to the criteria established by Items 3. 4, 3.5, 3.7 of this provision (depending on asset type).

3.2.2. The bank observes procedure for provision of information in the Bank of Russia provided by appendix 5 to this Provision and also the procedure for provision of other documents provided by the general credit agreement.

3.2.3. The asset cost, provided by bank in providing on the credit of the Bank of Russia, increased by the corresponding correction coefficients established by the Bank of Russia and published in "the Bulletin of the Bank of Russia" or on the official site of the Bank of Russia on the Internet or brought by the Bank of Russia to the attention of bank in any written form, during all expected (remained) term of use of bank the credit of the Bank of Russia is more or is equal to the subject amount to provision (remained to repayment) the credit of the Bank of Russia and percent on it for the expected (remained) term of use of the credit of the Bank of Russia (for intra overnight credits - the amount of percent is calculated proceeding from loan interest rate overnight and the possible period of use of the credit overnight).

The cost of the bill of exchange for the purpose of this provision is understood as the cost of its purchase by bank expressed in rubles and kopeks (but not above the bill amount); right to claim cost according to the credit agreement is understood minimum (taking into account the repayment schedule of the corresponding credit determined in the credit agreement and also the actual payments of the borrower in loan repayment) as outstanding part of the amount of principal debt on the corresponding credit during the term of use by bank of the credit of the Bank of Russia increased for 60 calendar days; bond value is understood as their market value calculated according to the procedure, established by the Bank of Russia and published in "the Bulletin of the Bank of Russia", on the date of loan granting of the Bank of Russia, and for the bonds selected as a deposit on the credit of the Bank of Russia during the procedure of replacement (representation additional) providing, - on the date of origin at the Bank of Russia of the right of pledge to the specified bonds. If as person who according to the specifying of bank provided by appendix 3 to this Provision is subject to check by the Bank of Russia on compliance to criteria stipulated in Item 3.6 this provision, obliged on the bill of exchange (credit agreement) person, solidary (subsidiarno) with the drawer (borrower) responsible for payment on the bill of exchange (return of the amount of principal debt on the credit), for the purposes of calculation of cost of the corresponding bill of exchange (right to claim according to the credit agreement) the bill amount acts (outstanding part of the amount of principal debt on the credit) is accepted equal that its part, for payment (return) of which the specified person is responsible.

The bill amount (the amount of principal debt on the credit) specified in foreign currency is converted into rubles proceeding from the rate of the corresponding foreign currency to ruble caused in the bill of exchange (credit agreement) for implementation of payment of the bill amount (the amount of principal debt on the credit) and if the specified rate in the bill of exchange (credit agreement) is not caused - proceeding from the official rate of the corresponding foreign currency established by the Bank of Russia to ruble:

on the date of calculation of cost of the corresponding bill of exchange (right to claim according to the credit agreement) - when the bill of exchange (right to claim according to the credit agreement) is not in pledge on the credit of the Bank of Russia, and also when checking security of the credit of the Bank of Russia, as a deposit on which the bills of exchange (rights to claim according to the credit agreement) which are in pledge on other credit of the Bank of Russia are selected;

on the date of loan granting of the Bank of Russia, as a deposit on which the bill of exchange (right to claim according to the credit agreement) is selected, and when replacing providing - on the date of origin at the Bank of Russia of the right of pledge to the bill of exchange (right to claim according to the credit agreement) - during finding of the bill of exchange (right to claim according to the credit agreement) in pledge on the credit of the Bank of Russia.

Control over the implementation of conditions of security of the credits of the Bank of Russia, except the intra overnight credits and the credits overnight provided by this Item and Item 3.2.1 of this provision is performed by the Bank of Russia in case of decision making about loan granting of the Bank of Russia, including, in case of decision making about possibility of the admission of the Application for participation in credit auction of credit institution before participation in credit auction, in case of loan granting of the Bank of Russia, and also during the term of use by bank of the credit of the Bank of Russia. Control over the implementation of conditions of security of intra overnight credits is exercised when calculating limit of intra overnight credit and credit overnight.

The specified control is exercised using:

documentary confirmed up-to-date information about compliance of assets to the criteria established by this Provision;

for bills of exchange and rights to claim according to credit agreements - their cost determined according to the procedure, established by this Provision, and the sizes of the correction coefficients established by the Bank of Russia for date of implementation of the specified control if the Bank of Russia does not establish other;

for bonds - their market value determined according to the procedure, established by the Bank of Russia and published in "the Bulletin of the Bank of Russia", for date of origin at the Bank of Russia of the right of pledge to the specified bonds (in case of control of accomplishment of conditions of security of the credits of the Bank of Russia, except intra overnight credits and the credits overnight) or for date of establishment of limit of intra overnight credit and credit overnight (in case of control of accomplishment of conditions of security of intra overnight credits), and also the sizes of the correction coefficients established by the Bank of Russia for the corresponding dates.

In case of control of accomplishment of conditions of security of the credits of the Bank of Russia the cost of separate assets corrected on the correction coefficients established by the Bank of Russia is determined in rubles and kopeks without rounding by mathematical rules. The total cost of the assets which are selected in pledge (being in pledge), corrected on the correction coefficients established by the Bank of Russia is calculated in rubles and kopeks with rounding by mathematical rules.

3.2 (1). If loan security of the Bank of Russia are the guarantee (guarantees) of bank (banks), the credit of the Bank of Russia is secure provided that obligations of bank on the credit of the Bank of Russia are in full provided with the guarantee of one or guarantees of several banks, each of which conforms to the following requirements:

the bank guarantor corresponds to the criteria established by subitems 2.1.1-2.1.3 of Item 2.1 of this provision;

the paragraph third ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 18.11.2013 No. 3113-U

the size of own funds (capital) of bank guarantor for the last reporting date exceeds the size established by the Bank of Russia (information on the specified size is published on the official site of the Bank of Russia in the Internet);

the bank guarantor signed the security agreement of the credits of the Bank of Russia guarantees provided by appendix 3.1 to this Provision with the Bank of Russia and the right of bank to receipt of the credits of the Bank of Russia provided with guarantees of the relevant bank guarantor is not suspended.

3.3. By provision of intra overnight credits and credits overnight, in addition to conditions of their security, shall be observed crediting limit on intra overnight credit and the credit the overnight (daleelimit crediting) established according to the corresponding key accounts in the general credit agreement. The maximum size of one-time debt of bank on intra overnight credit according to the key account (limit of intra overnight credit and the credit overnight) is calculated according to the formula given in appendix 4 to this Provision.

In case of loan granting of the Bank of Russia, provided with guarantees, restrictions for the maximum total size of obligations of banks on return of the credits of the Bank of Russia provided with guarantees as the borrower and the guarantor shall be observed. These restrictions are brought to the attention of banks by the direction the Bank of Russia to banks of adequate notices.

3.4. The bill of exchange provided by bank in providing on the credit of the Bank of Russia shall correspond to the following criteria:

3.4.1. the bill of exchange is drawn up with compliance with law of the Russian Federation, and also standards of issue and repayment of the bills of exchange approved by the self-regulatory organizations of members of the bill market which signed the agreement on interaction with the Bank of Russia (further - Standards) (information on the specified organizations is published in "the Bulletin of the Bank of Russia");

3.4.2. all texts on the bill of exchange are made in Russian;

3.4.3. the bill of exchange is written out in rubles or in one of foreign currencies which list is established by the Bank of Russia;

3.4.4. the bill of exchange is simple;

3.4.5. the bill of exchange has payment due date "at sight", or "at sight, but not earlier than", or "for certain day", or "in so much time from creation";

3.4.6. the payment due date on the bill of exchange (expiry date of bill presentation to payment) comes not earlier, than in 60 calendar days after approach of term (expected term) of repayment of the loan of the Bank of Russia;

3.4.7. the bill of exchange is carried to I or II quality categories and if the drawer is small business entity - to the I quality category according to the Provision of the Bank of Russia of March 26, 2004 No. 254-P "About procedure for forming by credit institutions of reserves on possible losses according to loans, on the loan and equated to it debt", the registered Ministry of Justice of the Russian Federation on April 26, 2004 No. 5774, on April 20, 2006 No. 7728, on December 27, 2006 No. 8676 ("the Bulletin of the Bank of Russia" of May 7, 2004 No. 28, of May 4, 2006 No. 26, of January 15, 2007 No. 1) (further - the Provision of the Bank of Russia No. 254-P);

3.4.8. the bill of exchange is not encumbered with obligations of borrowing bank to the third parties, concerning the bill of exchange there are no disputes and requirements imposed in accordance with the established procedure;

3.4.9. the borrowing bank is owner of the bill of exchange (as the first bill holder or based on continuous number of endorsements);

3.4.10. the drawer or person, it is solidary with it (if specified person is the Russian Federation - solidary or subsidiarno with it) responsible for payment on the bill of exchange, meets the requirements of the Bank of Russia, stipulated in Item 3.6 this provision.

3.4.11. the bill amount is at least size established by the Bank of Russia if drawer is the limited liability company and (or) small business entity;

3.4.12. the core activity of the drawer belongs to non-financial types of activity which list is established by the Bank of Russia (information on the specified list is published on the official site of the Bank of Russia in the Internet).

3.5. The right to claim according to the credit agreement granted by borrowing bank in providing on the credit of the Bank of Russia, the credit agreement which the specified right makes sure and also the loan granted according to the specified agreement shall correspond to the following criteria:

3.5.1. the credit agreement is signed with compliance with law of the Russian Federation, and the right applicable to the specified agreement, Russian law is if other is not established by the Bank of Russia; obligations to borrowing bank according to the specified credit agreement arise at the organization - resident of the Russian Federation;

3.5.2. the amount of principal debt on the credit is expressed in rubles or in one of foreign currencies which list is established by the Bank of Russia;

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