It is registered
in Ministry of Justice of the Russian Federation
October 31, 2008
Registration N12549
of October 29, 2008 No. 2106-U
About procedure for adoption by the Bank of Russia of decisions on the direction of the "Deposit Insurance Agency" state corporation of the offer on participation in the prevention of bankruptcy of bank and about approval (approval) of the plan of participation of the "Deposit Insurance Agency" state corporation in the prevention of bankruptcy of bank
Central Bank of the Russian Federation based on the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (The 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 Art. 3101; 2006, N 19, Art. 2061; N 25, of Art. 2648; 2007, N 1, Art. 9; Art. 10; N 10, of Art. 1151; N 18, of Art. 2117; "The Russian newspaper", 14.10. 2008, N 214) and according to the Federal Law "About Additional Measures for Strengthening of Banking System Stability during the Period till December 31, 2011" ("The Russian newspaper", 28.10.2008), the Federal Law "About Deposit Insurance in Banks of the Russian Federation" (The Russian Federation Code, 2003, N 52, Art. 5029; 2004, N 34, Art. 3521; 2005, N 1, Art. 23; N 43, of Art. 4351; 2006, N 31, Art. 3449; 2007, N 12, the Art. 1350) establishes procedure for acceptance in the Bank of Russia of the decision on the direction of the "Deposit Insurance Agency" state corporation (further - the Agency) offers on participation in the prevention of bankruptcy of bank, being the participant of system of compulsory deposit insurance of physical persons in banks of the Russian Federation (further respectively - bank, the decision on the direction of the offer in the Agency), procedure for approval (approval) for the plan of participation of the Agency in the prevention of bankruptcy of bank (further - the plan of participation of the Agency).
1.1. In the presence of signs of unstable financial position of bank, identification by the Bank of Russia of the situations menacing to banking system stability and legitimate interests of investors and creditors of bank, including the signs established based on assessment of financial position of bank which is carried out jointly by bank representatives of Russia and the Agency for the solution of question of feasibility of participation of the Agency in implementation of measures for the prevention of bankruptcy of bank, the Bank of Russia has the right to suggest the Agency to take part in implementation of measures for the prevention of bankruptcy of bank.
1.2. In the Agency of the offer on participation of the Agency in implementation of measures for the prevention of bankruptcy of bank (further - the offer) proofs that there are signs of unstable financial position of bank, real threat to interests of his investors and creditors can be reasons for feasibility of the direction, including capabilities of bank to satisfy obligations to them because of liquidity situation and (or) own means (capital) of bank, and also data that the threats of banking system stability which are expressed in are possible:
to threat of essential deposit withdrawal and deposits from other credit institutions and (or)
to threat to functioning of the financial market or its separate segments or threat to the industries of economy or the companies and the organizations creating employment or revenues of the budget of regions and (or)
need to make payments, essential to current status of fund of compulsory deposit insurance, and (or)
the termination of obligation fulfillment of budgets before the population and (or) wide range of the companies and organizations.
In case of reasons for feasibility of the direction of the offer in the Agency first of all the banks having essential value for the Russian Federation and (or) economic and social development of the region, oriented to preferential financing of real production sector or having considerable amount of household deposits in comparison with amount of household deposits in other banks of the region and their branches, and also having confirmation of opportunities of participation in implementation of measures for the prevention of bankruptcy of others except the Agency, investors are considered.
1.3. The committee of banking supervision of the Bank of Russia considers question of feasibility of decision making of the direction of the offer in the Agency on the basis of the petition prepared by Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia at the request of the Chairman of the Bank of Russia, the Chairman of Committee of banking supervision of the Bank of Russia or at the initiative of territorial offices of the Bank of Russia, structural divisions of central office of the Bank of Russia.
The territorial offices of the Bank of Russia, structural divisions of central office of the Bank of Russia considering expedient removal at consideration of Committee of banking supervision of the Bank of Russia of question of decision making about the direction of the offer in the Agency (further - initiators of the direction of the offer), can direct addressed to the Chairman of Committee of banking supervision of the Bank of Russia the report containing reasons for feasibility of the direction of the offer in the Agency with appendix of the corresponding materials (further - the report) for consideration and adoption of the decision on it. In the presence the bank has nedovznosa in required reserves, unpaid penalty for violation of standard rates of required reserves the report shall contain information on the amounts of nedovznos and penalty, and also the offer on feasibility of provision to bank of delay (payment by installments) on entering of the amount of not paid in means into the required reserves deposited in the Bank of Russia, and payment of penalty. The electronic copy of the report with use of the specialized archiver of electronic documents within technology of System of automation of document flow and clerical work of the Bank of Russia goes to Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia, Department of bank regulation and supervision of the Bank of Russia and the territorial office of the Bank of Russia exercising supervision of activities of bank if the specified divisions of the Bank of Russia were not initiators of the direction of the offer.
The report is prepared, goes and considered with observance of requirements of the regulations of the Bank of Russia determining procedure for ensuring safety of data of limited distribution in system of the Bank of Russia.
The territorial office of the Bank of Russia exercising supervision of activities of bank from the date of the direction of the report (day of receipt of the copy of the report of the initiator of the direction of the offer) and about day of receipt of the notification on adoption by the Agency of the decision on participation in the prevention of bankruptcy of bank or about refusal of such participation can apply to bank of corrective action in coordination with Department of bank regulation and supervision of the Bank of Russia.
1.4. The chairman of Committee of banking supervision of the Bank of Russia sends the report for consideration in Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia.
The department of licensing of activities and financial improvement of credit institutions of the Bank of Russia no later than the working day following behind day of receipt of the report informs on its receipt Summary economic department of the Bank of Russia, Department of transactions in the financial markets of the Bank of Russia and Department of providing and control of transactions in the financial markets of the Bank of Russia (with the direction of the copy of the report).
The summary economic department of the Bank of Russia, Department of transactions in the financial markets of the Bank of Russia and Department of providing and control of transactions in the financial markets of the Bank of Russia no later than the working day following behind day of receipt of the copy of the report specified in this Item send to Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia information on the unexecuted monetary commitments which are available for bank before the Bank of Russia, nedovznosa of the required reserves deposited in the Bank of Russia, unpaid penalties including shown by the Bank of Russia to bank according to article 38 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)".
1.5. The chairman of the Bank of Russia, the Chairman of Committee of banking supervision of the Bank of Russia can make the decision on inexpediency of removal at consideration of Committee of banking supervision of the Bank of Russia of question of decision making on the direction of the offer in the Agency. In this case the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia in time which is not exceeding 5 days from the date of acceptance by the Chairman of the Bank of Russia, the Chairman of Committee of banking supervision of the Bank of Russia of such decision in writing informs on it the territorial offices of the Bank of Russia, structural divisions of central office of the Bank of Russia which directed the report.
1.6. The department of licensing of activities and financial improvement of credit institutions of the Bank of Russia considers the report and in time, not exceeding 5 working days from the date of its obtaining, sends addressed to the Chairman of Committee of banking supervision of the Bank of Russia the petition for removal at consideration of Committee of banking supervision of the Bank of Russia of question of decision making for the direction of the offer to the Agency (further - the petition) with appendix of the arrived report and draft decision of Committee of banking supervision of the Bank of Russia.
If signs of unstable financial position of bank and the situation menacing to legitimate interests of investors and creditors of bank, banking system stability were revealed based on assessment of financial position of bank which is carried out jointly by bank representatives of Russia and the Agency, the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia directs addressed to the Chairman of Committee of banking supervision of the Bank of Russia the petition in time, not exceeding 5 working days from the date of receipt by the Bank of Russia of the report on results of activities of bank representatives of Russia and the Agency.
1.7. Along with preparation of the petition the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia has the right to request in writing from structural divisions of central office of the Bank of Russia and (or) from territorial office of the Bank of Russia exercising supervision of activities of bank, the conclusion containing offers for decision making on the petition and information on activities of bank having essential value for decision making according to the petition (if they are initiators of the direction of the offer, the additional information).
The specified conclusion (additional information) shall be sent to the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia in time established by Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia in request. Information stated in this conclusion, and also the additional information are reflected in the petition.
The territorial offices of the Bank of Russia, structural divisions of central office of the Bank of Russia which directed the report shall report before receipt of information on the decision made according to the petition in Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia about all changes of information on activities of bank having essential value for decision making according to the petition, the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia no later than the working day following behind day of receipt of the specified information brings it to the attention of Summary economic department of the Bank of Russia, Department of transactions in the financial markets of the Bank of Russia and Department of providing and control of transactions in the financial markets of the Bank of Russia.
1.8. The committee of banking supervision of the Bank of Russia based on the petition considers question of decision making of the direction of the offer in the Agency or about variation of the petition for the direction of the offer in the Agency.
1.8.1. Along with the decision on the direction of the offer in the Committee of Banking Supervision of the Bank of Russia Agency has the right to make the following decisions provided by part 3 of article 3 of the Federal Law:
not apply to bank from the date of the direction the Bank of Russia in the Agency of the offer of measure, the stipulated in Article 74 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)";
not enter from the date of the direction the Bank of Russia into the Agency of the offer the stipulated in Article 48 Federal Laws "About Deposit Insurance in Banks of the Russian Federation" prohibition on attraction in deposits of money of physical persons and opening of bank accounts of physical persons;
not withdraw at bank from the date of the direction the Bank of Russia in the Agency of the offer the license for banking operations in the cases provided by part two of article 20 of the Federal law "About Banks and Banking Activity" (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 2001, N 33, Art. 3424; 2002, N 12, Art. 1093; 2005, N 1, Art. 18; 2006, N 19, Art. 2061);
about feasibility of provision to bank of delay (payment by installments) on entering of the amount of not paid in means into the required reserves deposited in the Bank of Russia for the term of implementation of the plan of participation of the Agency and, in the presence at bank of unpaid penalty for violation of standard rates of required reserves, - about provision to bank for the specified period of delay (payment by installments) of its payment. At the same time from the moment of the direction and about day of approval by Committee of banking supervision of the Bank of Russia (approval of the Bank of Russia by the Board of directors) of the plan of participation of the Agency collection of nedovznos and application of penalty are not performed by the Bank of Russia in the Agency of the offer.
In day of acceptance by Committee of banking supervision of the Bank of Russia of the decision on the direction of the offer represents the specified offer to the Department of Licensing of Activities and Financial Improvement of Credit Institutions of the Bank of Russia Agency for the signature to the Chairman of Committee of banking supervision of the Bank of Russia.
No later than the working day following behind day of signing by the Chairman of Committee of banking supervision of the Bank of Russia of the offer, Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia:
registers the signed offer and sends it to the Agency with appendix of the reporting of bank and other information on the activities of bank having essential value for adoption by the Agency of the decision on participation in implementation of measures for the prevention of bankruptcy of bank which is at the disposal of the Bank of Russia including acts of checks of bank, the report on the results of activities of bank representatives of Russia and the Agency which were carrying out assessment of financial position of bank;
in writing informs on the decision on the direction of the offer made by Committee of banking supervision of the Bank of Russia in the Department of Bank Regulation and Supervision of the Bank of Russia, Summary Economic Department of the Bank of Russia, the Territorial Office of the Bank of Russia Exercising Supervision of Activities of Bank, and Other Structural Divisions of Central Office of the Bank of Russia Agency (in case of the direction in their address of request about submission of the conclusion specified in Item 1.7 of this Instruction).
The territorial office of the Bank of Russia which obtained information on the decision on the direction of the offer made by Committee of banking supervision of the Bank of Russia in the Agency shall report without delay in writing in Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia about all known events (circumstances) arising in activities of bank which became to it and important for implementation of measures for the prevention of bankruptcy of bank.
1.8.2. In case of acceptance by Committee of banking supervision of the Bank of Russia of the decision on petition variation the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia no later than the working day following behind day of acceptance by Committee of banking supervision of the Bank of Russia of the specified decision in writing informs on the made decision Summary economic department of the Bank of Russia, the territorial office of the Bank of Russia exercising supervision of activities of bank, and other structural divisions of central office of the Bank of Russia (in case of the direction in their address of request about submission of the conclusion specified in Item 1.7 of this Instruction).
1.9. By consideration of the offer the Agency has the right to make in the Bank of Russia inquiry about provision of additional data. The specified request is reviewed by Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia. Required data are submitted to the Agency in time, specified by the Agency in request.
2.1. The agency no later than 10 days from the date of receipt of the offer notifies the Bank of Russia on decision making about participation in the prevention of bankruptcy of bank or about refusal of such participation. If necessary the notification of the Agency may contain the petition for assignment on the Agency of functions of temporary administration.
2.2. In case of refusal applies the Agencies from participation in the prevention of bankruptcy of Bank of Russia bank to bank of measure, provided by the Federal Laws.
2.3. The department of licensing of activities and financial improvement of credit institutions of the Bank of Russia in writing notifies on the decision made by the Agency the territorial office of the Bank of Russia exercising supervision of activities of bank, no later than the working day from the date of registration in Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia of the notification which arrived from the Agency.
The territorial office of the Bank of Russia which received the notification on the decision on refusal of participation in the prevention of bankruptcy of bank made by the Agency in time no later than 5 days from the date of receipt of the specified notification informs Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia on availability of the bases for introduction to bank of prohibition on attraction in deposits of money of physical persons and opening of bank accounts of physical persons, the stipulated in Article 48 Federal Laws "About Deposit Insurance in Banks of the Russian Federation", about availability of the bases for response at bank of the license for banking operations in the cases provided by part two of article 20 of the Federal law "About Banks and Banking Activity" and also performs collection of nedovznos in the required reserves deposited in the Bank of Russia and application of penalty for violation of standard rates of required reserves.
2.4. In case of adoption by the Agency of the decision on participation in the prevention of bankruptcy of bank of measure for the prevention of bankruptcy with participation of the Agency are performed based on the plan of participation of the Agency developed by the Agency according to the requirements established by the Federal Law in the terms established by the plan of participation of the Agency. The plan of participation of the Agency shall be sent for approval in the Bank of Russia within 10 days from the date of adoption of the offer by the Agency.
The plan of participation of the Agency shall contain list of the measures performed by bank and the Agency together with investors or other persons, sufficient for elimination of signs of unstable financial position of bank, including the bases for application of measures, the stipulated in Article 74 Federal Laws "About the Central Bank Russian Federation (Bank of Russia)", article 20 of the Federal law "About Banks and Banking Activity" and article 48 of the Federal law "About Deposit Insurance in Banks of the Russian Federation", execution of monetary commitments before the Bank of Russia, and also if necessary - actions for the organization of the biddings selling the property which is ensuring obligation fulfillment of bank including before the Bank of Russia.
If the plan of participation of the Agency provides use of means of the Bank of Russia, the Agency along with the plan of participation of the Agency submits the application for loan granting in the Bank of Russia. The plan of participation of the Agency may contain the petition for provision to bank of delay (payment by installments) of repayment of nedovznos in required reserves and payments of penalty for violation of standard rates of required reserves and the developed Schedule of repayment by bank of nedovznos in required reserves and payments of penalty for violation of standard rates of required reserves (further - the Schedule).
Along with the plan of participation of the Agency for consideration of Committee of banking supervision of the Bank of Russia by the Agency the petition for assignment on the Agency of functions of temporary administration can be provided if it did not go to the Bank of Russia earlier.
2.5. The documents which arrived in the Bank of Russia from the Agency specified in Item 2.4 of this Instruction are considered by Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia.
If the bank has monetary commitments before the Bank of Russia, the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia sends the plan of participation of the Agency to structural divisions of the Bank of Russia within which competence the debt on the specified obligations is.
If the Agency along with the plan of participation of the Agency submits the application for loan granting and (or) the petition for provision to bank of delay (payment by installments) of repayment of nedovznos in required reserves and payments of penalty for violation of standard rates of required reserves and the Schedule, the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia directs:
copies of the arrived documents, including the plan of participation of the Agency and the statement for loan granting, the petition of the Agency for provision to bank of delay (payment by installments) of repayment of nedovznos in required reserves and payments of penalty for violation of standard rates of required reserves and the Schedule, - in Summary economic department of the Bank of Russia for receipt of the conclusion about possibility of provision to the Agency of the credit and (or) provision to bank of delay (payment by installments) of repayment of nedovznos in required reserves and payments of penalty for violation of standard rates of required reserves (daleezaklyucheniye of Summary economic department of the Bank of Russia);
the petition of the Agency for provision to bank of delay (payment by installments) of repayment of nedovznos in required reserves and payments of penalty for violation of standard rates of required reserves and the Schedule - in the territorial office of the Bank of Russia exercising supervision of activities of bank for its consideration and approval.
The department of licensing of activities and financial improvement of credit institutions of the Bank of Russia if necessary in writing requests from structural divisions of central office of the Bank of Russia, territorial office of the Bank of Russia exercising supervision of activities of bank, the additional information on the questions connected with consideration of the arrived documents.
Information requested by Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia according to this Item (including the conclusion of Summary economic department of the Bank of Russia, the Schedule approved by the territorial office of the Bank of Russia exercising supervision of activities of bank), shall be sent to the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia in time established in request. At the same time territorial office exercising supervision of activities of bank sends the copy of the approved Scheduled plan to Summary economic department of the Bank of Russia.
2.6. Following the results of consideration of the documents which arrived from the Agency specified in Item 2.4 of this Instruction, the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia prepares the report addressed to the Chairman of Committee of banking supervision of the Bank of Russia in which results of consideration of the plan of participation of the Agency regarding its compliance to requirements of the Federal Law, sufficiency of measures for the purposes of recovery of indicators of financial condition of bank to the values established by the Federal Laws and regulations of the Bank of Russia, possibility of implementation of the proposed measures in the terms planned by the Agency are reflected. The report shall contain opinion on feasibility or inexpediency of approval by Committee of banking supervision of the Bank of Russia of the offered plan of participation of the Agency. In need of the report the opinion on assignment on the Agency of functions of temporary administration, the conclusion of Summary economic department of the Bank of Russia about possibility of provision to the Agency of the credit of the Bank of Russia and (or) about possibility of provision to bank of delay (payment by installments) on entering of the amount of not paid in means into the required reserves deposited in the Bank of Russia, opinion on approval of the Scheduled plan joins.
In need of the consideration course in the Bank of Russia of the plan of participation of the Agency before its approval of banking supervision of the Bank of Russia by Committee by the Agency changes can be made to the specified plan.
The term of representation to the Chairman of Committee of banking supervision of the Bank of Russia of the report provided by this Item shall not exceed 5 days from the date of registration in Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia of the documents which arrived from the Agency specified in Item 2.4 of this Instruction.
2.7. The committee of banking supervision of the Bank of Russia within 5 days from the date of receipt of the report addressed to the Chairman of Committee of banking supervision of the Bank of Russia and the documents which arrived from the Agency specified in Item 2.4 of this Instruction makes the decision on approval of the plan of participation of the Agency or on refusal in its approval. If the plan of participation of the Agency provides use of means of the Bank of Russia, and also contains the petition for provision to bank of delay (payment by installments) of repayment of nedovznos in required reserves and payments of penalty for violation of standard rates of required reserves according to the Scheduled plan, the plan of participation of the Agency approved by Committee of banking supervision of the Bank of Russia is subject to approval of the Bank of Russia by the Board of directors within the specified term.
2.7.1. In case of acceptance by Committee of banking supervision of the Bank of Russia of the decision on approval of the plan of participation of the Department of Licensing of Activities and Financial Improvement of Credit Institutions of the Bank of Russia Agency in day of adoption of the specified decision represents to the Chairman of Committee of banking supervision of the Bank of Russia the plan of participation of the Agency for the signature.
In need of approval of the plan of participation of the Agency by the Board of directors of the Bank of Russia the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia no later than the working day following behind day of approval by Committee of banking supervision of the Bank of Russia of the specified plan directs it to approval in the Board of directors of the Bank of Russia.
No later than the working day following behind day of approval by Committee of banking supervision of the Bank of Russia (behind day of approval of the Bank of Russia by the Board of directors) the plan of participation of the Agency, Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia:
sends the approved (approved) plan of participation of the Agency with the cover letter to the Agency;
in writing informs on the made decision Department of bank regulation and supervision of the Bank of Russia, the Main inspectorate of credit institutions of the Bank of Russia, Summary economic department of the Bank of Russia, Accounting department and the reporting of the Bank of Russia and the territorial office of the Bank of Russia exercising supervision of activities of bank. The copy of the approved (approved) plan of participation of the Agency also goes to Summary economic department of the Bank of Russia and the territorial office of the Bank of Russia exercising supervision of activities of bank.
In case of acceptance of banking supervision of the Bank of Russia by Committee along with the decision on approval of the plan of participation of the Agency of the decision on assignment for the Agency of functions of temporary administration appointment of temporary administration is performed according to the procedure, provided by the Provision of the Bank of Russia of November 9, 2005 N 279-P "About temporary administration on management of credit institution", the registered Ministry of Justice of the Russian Federation on December 6, 2005 N 7239, on July 23, 2007 N 9869, on December 13, 2007 N 10702, on October 7, 2008 N 12407 ("the Bulletin of the Bank of Russia" of December 15, 2005 N 67, of August 2, 2007 N 44, of December 26, 2007 N 71, of October 15, 2008 N 57).
2.7.2. In case of acceptance by Committee of banking supervision of the Bank of Russia of the decision on refusal in approval of the plan of participation of the Department of Licensing of Activities and Financial Improvement of Credit Institutions of the Bank of Russia Agency no later than the working day following behind day of acceptance by Committee of banking supervision of the Bank of Russia of the specified decision:
informs the Agency on the made decision;
in writing informs on the made decision Summary economic department of the Bank of Russia, the territorial office of the Bank of Russia exercising supervision of activities of bank, other structural divisions of central office of the Bank of Russia (in case of the direction in their address of the request specified in Item 2.5 of this Instruction).
2.8. In case of acceptance by Committee of banking supervision of the Bank of Russia of the decision on refusal in approval (acceptances by the Board of directors of the Bank of Russia of the decision on refusal in approval) the plan of participation of the Agency by the Bank of Russia the decision on application to bank of the measures provided by the Federal Laws can be at the same time made. At the same time the decisions of the Bank of Russia accepted earlier by Committee of banking supervision of the Bank of Russia according to part 3 of article 3 of the Federal Law void.
2.9. The territorial office of the Bank of Russia which obtained information on the decision on refusal made by Committee of banking supervision of the Bank of Russia in approval (about the decision on refusal made by the Board of directors of the Bank of Russia in approval) the plan of participation of the Agency, in time no later than 5 days from the date of receipt of the specified information reports in Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia about availability of the bases for introduction concerning bank of prohibition on attraction in deposits of money of physical persons and opening of bank accounts of physical persons, the stipulated in Article 48 Federal Laws "About Deposit Insurance in Banks of the Russian Federation", about availability of the bases for response at bank of the license for banking operations in the cases provided by part two of article 20 of the Federal law "About Banks and Banking Activity" and also performs collection of nedovznos in required reserves, deposited in the Bank of Russia, and application of penalty for violation of standard rates of required reserves.
2.10. In case of submission by the Agency to the Bank of Russia of the changes and additions made in the approved (approved) plan of participation of the Agency, their consideration, approval (approval) is performed according to the procedure, provided by this Instruction for consideration, approval (approval) of the plan of participation of the Agency.
The term of representation to the Chairman of Committee of banking supervision of the Bank of Russia of the report with results of consideration of the changes and additions made in the approved (approved) plan of participation of the Agency, shall not exceed 20 days from the date of registration in Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia of the changes which arrived from the Agency and additions made in the approved (approved) plan of participation of the Agency.
The committee of banking supervision of the Bank of Russia within 15 days from the date of receipt of the report addressed to the Chairman of Committee of banking supervision of the Bank of Russia with results of consideration of the changes and additions made in the approved (approved) plan of participation of the Agency, makes the decision on approval or on refusal in approval of the changes which arrived from the Agency and additions made in the approved (approved) plan of participation of the Agency. If changes and additions made in the approved (approved) plan of participation of the Agency, provide use of means of the Bank of Russia, and also contain the petition for provision to bank of delay (payment by installments) of repayment of nedovznos in the required reserves and payments of penalty for violation of standard rates of required reserves according to the Scheduled plan approved by Committee of banking supervision of the Bank of Russia of change and the additions made in the approved (approved) plan of participation of the Agency, are subject to approval of the Bank of Russia by the Board of directors within the specified term. Taking into account frequency of holding committee meetings of banking supervision of the Bank of Russia and the Board of directors of the Bank of Russia term can be extended by the Chairman of Committee of banking supervision of the Bank of Russia, but no more than for 14 days.
3.1. During the period from the date of approval (approval) of the plan of participation of the Agency and about day of the termination of term of its realization (completion of carrying out measures for the prevention of bankruptcy of bank) the Agency monthly, no later than the seventh working day of the month following reporting represents to the Bank of Russia (Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia) the report on the course of accomplishment of the actions provided by the plan of participation of the Agency (further - the report of the Agency). The copy of the specified report in the same time goes the Agency to the territorial office of the Bank of Russia exercising supervision of activities of bank.
3.2. In the report of the Agency data on accomplishment by the provided approved (approved) plan of participation of the Agency of the events held in the accounting period about form and amounts of the financial aid provided to bank, about category, amount and property value and obligations concerning which measures, the stipulated in Article 9 Federal Laws, and also other information on the course of accomplishment of the actions provided by the plan of participation of the Agency were performed are reflected.
By bank inquiry of Russia the Agency represents copies of the necessary documents confirming accomplishment of the measures for the prevention of bankruptcy of bank provided in the plan of participation of the Agency.
3.3. The report of the Agency is considered by Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia regarding adherence to deadlines of implementation of measures for the prevention of bankruptcy of bank, and also identification of impossibility of accomplishment of the approved (approved) plan of participation of the Agency at the scheduled time.
3.4. The department of licensing of activities and financial improvement of credit institutions of the Bank of Russia reveals on analysis results of the reporting of bank and (or) the submitted report of the Agency of the basis, testimonial of impossibility of accomplishment of the approved (approved) plan of participation of the Agency, and in time no later than 10 working days from the date of their identification informs the Agency on identification of the specified bases.
3.5. In case of identification of the facts testimonial of impossibility of accomplishment of the approved (approved) plan of participation of the Agency, the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia prepares the report addressed to the Chairman of Committee of banking supervision of the Bank of Russia with appendix of the materials confirming the specified facts for consideration of question of decision making about impossibility of accomplishment of the specified plan and (or) about execution of functions of temporary administration by the Agency.
3.6. Committee of banking supervision of the Bank of Russia following the results of the consideration of the submitted documents specified in Item 3.5 of this Instruction, having the right to make the decision on impossibility of accomplishment of the specified plan and (or) on execution of functions of temporary administration by the Agency.
Along with decision making and (or) about execution of functions of temporary administration by the Agency the Committee of banking supervision of the Bank of Russia has the right to make the decision on application to bank of the measures provided by the Federal Laws on impossibility of accomplishment of the specified plan. At the same time the decisions of the Bank of Russia accepted earlier by Committee of banking supervision of the Bank of Russia according to part 3 of article 3 of the Federal Law void.
No later than the working day following behind day of acceptance by Committee of banking supervision of the Bank of Russia of the decision on impossibility of accomplishment of the plan of participation of the Agency and (or) about execution of functions of temporary administration by the Agency, Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia:
sends information on the made decision to the Agency;
in writing informs on the made decision Summary economic department of the Bank of Russia, Accounting department and the reporting of the Bank of Russia and the territorial office of the Bank of Russia exercising supervision of activities of bank.
3.7. After the termination of term of implementation of the plan of participation of the Agency (completion of carrying out measures for the prevention of bankruptcy of bank) and submission of the report of the Agency with application of documents, the measures for the prevention of bankruptcy, testimonial of completion of carrying out, provided by the approved (approved) plan of participation of the Agency and also about elimination of origins of the bases for implementation of measures for the prevention of bankruptcy, the Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia prepares the report addressed to the Chairman of Committee of banking supervision of the Bank of Russia for consideration of question of adoption of the report of the Agency note.
In case of acceptance note Committee of banking supervision of the Bank of Russia of the report of the Department of Licensing of Activities and Financial Improvement of Credit Institutions of the Bank of Russia Agency no later than 3 working days from the date of adoption of the specified decision:
sends to the Agency information on adoption of the report of the Agency note;
in writing informs on completion of carrying out measures for the prevention of bankruptcy Summary economic department of the Bank of Russia, Accounting department and the reporting of the Bank of Russia and the territorial office of the Bank of Russia exercising supervision of activities of bank.
3.8. The Bank of Russia and the Agency exchange information and documents provided by this Instruction, and also information on availability of the bases testimonial of impossibility of accomplishment of the plan of participation of the Agency in the prevention of bankruptcy of bank on papers and (or) electronically.
4.1. This Instruction 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 October 28, 2008 N 29) become effective from the date of its official publication in "the Bulletin of the Bank of Russia" and is effective till December 31, 2011 inclusive.
Chairman of the Central bank
Russian Federation S. M. Ignatyev
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