It is registered
Ministry of Justice
On April 25, 2006 No. 7741
of March 20, 2006 No. 283-P
About procedure for forming by credit institutions of reserves on possible losses
Based on the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (Russian Federation Code, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, of Art. 5032; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 25, Art. 2426; N 30, of the Art. 3101) 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 March 3, 2006 N 4) this Provision establish procedure for forming by credit institutions of reserves on possible losses and procedure by the Bank of Russia of supervision of its observance.
1.1. Requirements of this provision do not extend on:
the loan, the loan and equated to it debt determined according to requirements of the Provision of the Bank of Russia of March 26, 2004 N 254-P "About procedure for forming by credit institutions of reserves on possible losses by loans, on the loan and equated to it debt", registered by the Ministry of Justice of the Russian Federation on April 26, 2004 N 5774 ("the Bulletin of the Bank of Russia" of May 7, 2004 N 28) (further - the Provision of the Bank of Russia N 254-P);
requirements for other agreements (transactions) according to which calculations and delivery are performed not earlier than the next day after day of the conclusion of the agreement (transaction);
paragraph fourth ceased to be valid;
transactions with the Bank of Russia;
transactions in the corresponding currency with Central Banks of the countries having country estimates on classification of the Export Credit Agencies participating in the agreement of member countries of Organization for Economic Cooperation and Development (OECD) "About the basic principles of provision and use of the export loans having official support" (further - country estimates), "0", "1" or the countries with the high level of the income which is members of OECD and (or) the European Union, passed to single monetary unit of the European Union (further - the Eurozone) (for the purposes of this provision information on country estimates and the countries with the high level of the income which is members of OECD and (or) the Eurozone posted on the corresponding website by OECD on the Internet is used), with the organizations which according to the legislation of the respective countries are granted the right to perform transactions on behalf of the state;
monetary commitments by the return (urgent) part of transactions on alienation of financial assets with simultaneous adoption of obligations on their return acquisition;
investments of credit institutions in the share (share in the authorized capital) reducing the size of own means (capital) of credit institutions according to requirements of the Provision of the Bank of Russia of December 28, 2012 No. 395-P "About technique of determination of size of own means (capital) of credit institutions ("Basel III")", No. registered by the Ministry of Justice of the Russian Federation on February 22, 2013 27259, on November 29, 2013 No. 30499 ("the Bulletin of the Bank of Russia" of February 27, 2013 No. 11, of November 30, 2013 No. 69) (further - the Provision of the Bank of Russia No. 395-P);
investments in the securities acquired under contracts with the return sale;
the paragraph the tenth Item 1.1 ceased to be valid according to the Instruction of the Central Bank of Russian Federation of 03.12.2012 No. 2922-U
investments in the securities acquired according to loan agreements;
the assets carried at fair value according to the Provision of the Bank of Russia of July 16, 2012 N 385-P "About rules of conducting financial accounting in the credit institutions located in the territory of the Russian Federation", the registered Ministry of Justice of the Russian Federation on September 3, 2012 N 25350, on October 15, 2012 N 25670 ("the Bulletin of the Bank of Russia" of September 25, 2012 N 56-57, of October 24, 2012 N 62) (further - the Provision of the Bank of Russia N 385-P), except for assets which fair value cannot be reliably determined;
agreements on which action of the Provision of the Bank of Russia of July 4, 2011 N 372-P "On procedure for conducting financial accounting of derivative financial instruments" expatiates, registered by the Ministry of Justice of the Russian Federation on July 22, 2011 N 21445 ("the Bulletin of the Bank of Russia" of August 4, 2011 N 43).
transactions of the credit institutions performing functions of the central partner, corresponding to conditions of code 8846 of appendix 1 to the Instruction of the Bank of Russia of December 3, 2012 No. 139-I "About obligatory standard rates of banks" registered by the Ministry of Justice of the Russian Federation on December 13, 2012 No. 26104, on November 29, 2013 No. 30498, on June 18, 2014 No. 32735, on October 20, 2014 No. 34362, on December 11, 2014 No. 35134, on December 24, 2014 No. 35372, on December 29, 2014 No. 35453, on February 20, 2015 No. 36180, on July 16, 2015 No. 38029, on September 23, 2015 No. 38976 ("the Bulletin of the Bank of Russia" of December 21, 2012 No. 74, of November 30, 2013 No. 69, of July 9, 2014 No. 63, of October 23, 2014 No. 99, of December 22, 2014 No. 112, of December 31, 2014 No. 117 - 118, of March 4, 2015 No. 17, of July 22, 2015 No. 60, from _______ 2015 No. ____) (further - the Instruction of the Bank of Russia No. 139-I) connected with implementation of clearing activities and execution of functions of the central partner.
1.2. The reserve on possible losses (further - reserve) is created on:
to balance sheet assets on which there is risk of incurring of losses, except for the balance sheet assets specified in Item 1.1 of this provision;
to the contingent obligations of credit nature reflected in off-balance accounts;
the paragraph the fourth ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 03.12.2013 No. 3130-U
to requirements for receipt of interest incomes for credit requirements;
to other losses and obligations of not credit nature.
When forming reserve it is necessary to proceed from the principle of priority of economic content of transactions (transactions) over their legal form.
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