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The document ceased to be valid since July 29, 2019 according to the Instruction of the Central bank of the Russian Federation of June 18, 2019 No. 5172-U

It is registered

Ministry of Justice

Russian Federation

On August 29, 2003 No. 5033

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 4, 2003 No. 236-P

About procedure for provision by the Bank of Russia to credit orgnization of the credits provided with pledge (blocking) of securities

(as amended on 09-09-2015)

This Provision is developed according to the civil legislation of the Russian Federation, with Articles 4, of 35, of 36, of 37, of 40, of 43, 46 and 47 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, the Art. 2790) and establishes procedure for provision by the Bank of Russia of the credits provided with pledge (blocking) of securities, to credit institutions (the banks, settlement non-bank credit institutions, non-bank credit institutions performing deposit and credit operations) - to residents of the Russian Federation (further - banks).

1. Terms and determinations

1.1. For the purpose of this provision the following terms and determinations are used.

Authorized RNKO - the settlement non-bank credit institution which signed with the Bank of Russia the agreement on interaction when implementing transactions according to this Provision and meeting the requirements of the Bank of Russia stated in Annex 1 to this Provision. Information on authorized RNKO is published in "the Bulletin of the Bank of Russia".

The paragraph third ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 18.11.2013 No. 3112-U

Authorized institution of the Bank of Russia - division of the Bank of Russia (except for divisions of central office of the Bank of Russia) which by the administrative act of the Bank of Russia is granted the right to perform transactions according to this Provision.

Authorized division of the Bank of Russia - the division of central office of the Bank of Russia appointed by the administrative act of the Bank of Russia.

The key account of bank - the bank account of bank opened in the Bank of Russia or in authorized RNKO on which the loans of the Bank of Russia are granted.

Bank accounts of bank - the correspondent accounts and correspondent sub-accounts of bank opened in the Bank of Russia, which are not key accounts and also key accounts of bank.

The general credit agreement - the general credit agreement on loan granting of the Bank of Russia, the securities provided with pledge (blocking) concluded between the Bank of Russia and bank on appendix form 2 to this Provision or other contract for loan granting of the Bank of Russia, the securities provided with pledge (blocking) signed between the Bank of Russia and bank in the form established by the act of the Bank of Russia published in "the Bulletin of the Bank of Russia".

The credits of the Bank of Russia - the credits provided with pledge (blocking) of securities, provided by the Bank of Russia to banks.

Intra overnight credit - the loan of the Bank of Russia granted when implementing payment from the key account of bank over balance in cash on this key account of bank.

The credit overnight - the loan of the Bank of Russia granted to bank at the end of the day in the amount of outstanding intra overnight credit.

The lombard credit - the loan of the Bank of Russia granted to bank according to its statement on receipt of the lombard credit on fixed interest rate (further - the statement on receipt of the lombard credit) or the application for participation in lombard credit auction.

The lombard list - the list of the securities accepted in providing the credits of the Bank of Russia. The lombard list (changes and amendments to it) is published in "the Bulletin of the Bank of Russia" and (or) on the official site of the Bank of Russia on the Internet.

Mortgage securities portfolio - the securities selected in accordance with the established procedure for providing the loan granted by the Bank of Russia to bank and (or) on the official site of the Bank of Russia on the Internet.

Paragraphs the fifteenth - the seventeenth voided according to the Instruction of the Central bank of the Russian Federation of 11.03.2012 No. 2790-U

Market value of securities - calculated according to the procedure, established by the Bank of Russia, market value of the securities accepted in providing on the credits of the Bank of Russia. Information on market value of one security is published in Representative office of the Bank of Russia on the Internet (www.cbr.ru).

Correction coefficient - numerical multiplier (which value is in the range from 0 to 1), calculated proceeding from possible changes / fluctuations/prices of securities in the security market and used when calculating sufficiency of providing the amount of the requested/granted loan of the Bank of Russia and the calculation of cost accepted as proof of (blocked) securities.

The correction coefficient is established by the Bank of Russia for the purpose of decrease in the risks connected with possible impairment of the securities accepted in providing the credits of the Bank of Russia. The size of correction coefficient is published in "the Bulletin of the Bank of Russia".

Depositary - the legal entity performing registration of the facts of encumbrance of securities by pledge when carrying out loan operations of banks by the Bank of Russia.

Depositaries are:

- the legal entity performing centralized storage of the federal government securities nominated in rubles;

- for the purposes of provision to the legal entity specified in the paragraph twenty third this Item, being credit institution, the credits of the Bank of Russia according to this Provision - the legal entity who signed the depositary agreement based on which to the last the custody account of the owner is opened with the above-stated legal entity, and signed with the Bank of Russia the agreement on interaction when implementing transactions according to this Provision.

The contract between the Bank of Russia and Depositary contains the following obligations of Depositary:

- make the depositary transfer connected with mortgage encumbrances of the property rights to the securities included in the Lombard list according to this Provision;

- receive from banks depositors and on the first demand of the Bank of Russia to provide the last Powers of attorney of banks depositors;

- represent to banks depositors, and also the Bank of Russia reports on Sections of custody accounts of banks which operator is the Bank of Russia;

- notify the Bank of Russia on changes of the Depositary agreements concerning carrying out depository operations according to Sections of custody accounts of banks which operator is the Bank of Russia, and also about presentation cases in accordance with the established procedure of requirements to the securities which are on the specified Sections of custody accounts of banks not later than in the first working day after day of introduction of corresponding changes or presentation of relevant requirements.

Information on Depositaries is published in "the Bulletin of the Bank of Russia".

The power of attorney - the document issued to the Bank of Russia by bank and transferred to Depositary certifying powers of the Bank of Russia on implementation of the actions connected with carrying out transactions according to this Provision.

Paragraphs of the thirty second - the thirty seventh voided according to the Instruction of the Central bank of the Russian Federation of 11.03.2012 No. 2790-U

Crediting limit of bank on intra overnight credit and the credit overnight - the maximum size of debt of bank on intra overnight credit (the maximum size of the credit overnight which can be provided to bank within one day).

The crediting limit of bank is set by the Bank of Russia on each bank, according to each key account of bank separately and it is specified in the general credit agreement.

The paragraph of the fortieth ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 11.03.2012 No. 2790-U

2. General provisions

2.1. The loans of the Bank of Russia are granted to banks in currency of the Russian Federation for the purpose of maintenance and regulation of liquidity of bank system on the terms of security, urgency, recoverability and the paid nature.

2.2. Providing the credits of the Bank of Russia is pledge (blocking) of the securities included in the Lombard list.

2.3. The Bank of Russia overnight and the lombard credits grants to banks intra overnight credits, the credits. Intra overnight credits are employed during the day divisions of settlement network of Bank of Russia / authorized RNKO (in period of time of acceptance and processing of the settlement documents shown to bank accounts of clients of Bank of Russia / authorized RNKO). The lombard loans are granted for the terms established by the Bank of Russia and published in "the Bulletin of the Bank of Russia".

2.4. Return of the credits of the Bank of Russia by borrowing banks and interest payment on them are made in the terms established by prisoners between the Bank of Russia and banks general credit agreements. Early repayment of the lombard credits is performed according to the procedure, established by the general credit agreement.

2.5. The size of loan interest rates overnight, rates of cutting off and weighted average rates by results of the carried-out lombard credit auctions, interest rates for the lombard loans granted on fixed interest rate and payment for right to use by intra overnight credits is established by the Bank of Russia and published in "the Bulletin of the Bank of Russia".

In case of change of sizes of interest rates of the Bank of Russia on the credits overnight and to the lombard loans granted on fixed interest rate, issuance of credits of the Bank of Russia using new interest rates is performed from the date specified in the decision of the Bank of Russia on change of sizes of the corresponding loan interest rates of the Bank of Russia.

2.6. The loans of the Bank of Russia from bank name of Russia are granted to banks by authorized institutions (divisions) of the Bank of Russia according to the procedure, established by this Provision and prisoners between the Bank of Russia and banks general credit agreements.

2.7. The loans of the Bank of Russia are granted on the bank accounts of banks opened in the Bank of Russia. The lombard loans are also granted on the bank accounts of banks opened in authorized RNKO.

2.8. In the presence of sufficient providing and observance of the conditions established by this Provision, the bank can obtain several credits of the Bank of Russia, including within one working day.

2.9. The contracts signed by the Bank of Russia and banks when implementing transactions according to this Provision and the documents sent within this provision by banks to the Bank of Russia on paper shall be signed by authorized officers of banks and the documents directed in electronic form are fastened by the prints of seals of banks corresponding to the samples which are available in the Bank of Russia, and, - analogs of the sign manual of authorized officers of banks according to agreements of exchange, concluded between the Bank of Russia and banks.

3. General terms of provision and repayment of the credits of the Bank of Russia

3.1. For the purpose of obtaining by bank - the potential borrower of the lombard credits for the bank account opened in authorized RNKO, the corresponding bank account agreement signed between bank - the potential borrower and authorized RNKO, shall contain the condition allowing the Bank of Russia to show collection orders to the specified bank account for write-off of money from it in the amount of obligations of bank on the credits of the Bank of Russia without order of bank - the potential borrower, and also the condition providing possibility of partial execution of the specified collection orders.

3.2. Bank - the potential borrower shall sign the general credit agreement with the Bank of Russia. In case of the conclusion of the general credit agreement the bank independently chooses what types of loan of the Bank of Russia it will use. The conclusion of the general credit agreement on receipt of intra overnight credit at the same time requires the conclusion of the general credit agreement on loan granting overnight and vice versa - the conclusion of the general credit agreement on receipt of the credit overnight requires the conclusion of the general credit agreement on receipt of intra overnight credit.

3.3. For the purpose of receipt of intra overnight credits and credits overnight on the bank account opened in the Bank of Russia, the corresponding bank account agreement signed between the Bank of Russia and bank - the potential borrower, shall provide condition about implementation of payments by the Bank of Russia from the specified bank account which amount exceeds balance in cash, available on this account.

3.4. Bank - the potential borrower shall have the custody account in Depositary, issue to the Bank of Russia the Power of attorney, and also sign the supplementary agreement to the Depositary contract with Depositary:

3.4.1. about opening of the Section(s) "It Is Blocked by the Bank of Russia" on the custody account. If loan granting of the Bank of Russia to bank is performed according to several key accounts, the separate and single Section "It Is Blocked by the Bank of Russia" shall be open for each key account of bank on its custody account in Depositary;

3.4.2. about the right of the Bank of Russia to open and assign numbers to the Sections "It Is Blocked by the Bank of Russia", Sections on the custody account of bank in Depositary intended for registration of pledge of securities on the credits of the Bank of Russia (further - mortgage Sections), and also to the Sections intended for securities sale, being in pledge on the credits of the Bank of Russia (further - realizable Sections) (information on the specified Sections is published in "the Bulletin of the Bank of Russia" and (or) on the official site of the Bank of Russia on the Internet);

3.4.3. about appointment of the Bank of Russia as the operator of the Sections of the custody account of bank specified in this Item;

3.4.4. about the right of the Bank of Russia to close the Sections of the custody account of bank specified in this Item of this provision.

3.5. The bank - the potential borrower shall answer the following criteria:

3.5.1. the bank is carried to 1 - 3 classification groups according to the Instruction of the Bank of Russia of April 30, 2008 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, on July 8, 2014 No. 33001 ("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, of August 6, 2014 No. 71), or the regulations of the Bank of Russia establishing criteria of determination of financial condition of non-bank credit institutions if other is not established by the Bank of Russia;

3.5.2. the bank 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;

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

3.6. The loans of the Bank of Russia are granted to bank if the following conditions are at the same time satisfied:

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