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Ministry of Justice

Russian Federation

On December 13, 2005 No. 7266

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 11, 2005 No. 126-I

About procedure for relations management, the measures for the prevention of insolvency (bankruptcy) of credit institutions connected with implementation

(as amended on 03-07-2015)

This Instruction is developed according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, Art. 7024, Art. 7040, Art. 7061, Art. 7068; No. 50, Art. 7351, Art. 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, Art. 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, Art. 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, Art. 6979, Art. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, the Art. 10, the Art. 35, "The official Internet portal of legal information" (www.pravo.gov.ru), on June 30, 2015) (further - the Federal Law) and 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 (part I), Art. 5032; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 25, Art. 2426; N 30, of the Art. 3101) also establishes procedure for relations management, the measures for the prevention of insolvency (bankruptcy) of credit institutions connected with implementation.

Chapter 1. General provisions

1.1. Action of this Instruction does not extend on:

procedure for appointment of temporary administration on management of credit institution (further - temporary administration);

procedure for reduction in compliance of the size of the authorized capital and size of own means (capital) of credit institution.

1.2. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 03.07.2015 No. 3709-U

Chapter 2. Interaction of credit institution with the Bank of Russia in case of independent implementation of measures for the prevention of bankruptcy

2.1. In case of the bases for implementation of measures for the prevention of bankruptcy, the stipulated in Article 189.10 Federal Laws, the credit institution, her founders (participants), board members (supervisory board), its sole executive body and collegiate executive body shall take necessary and timely measures on financial improvement and (or) reorganization of credit institution.

2.2. The credit institution which is independently performing measures for the prevention of bankruptcy shall inform the territorial office of the Bank of Russia exercising supervision of its activities (further - territorial office of the Bank of Russia), or the Department of supervision of systemically significant credit institutions of the Bank of Russia exercising supervision of its activities (further - Department of supervision of systemically significant credit institutions of the Bank of Russia), on emergence of the bases and the taken measures for the prevention of bankruptcy in the following procedure.

2.2.1. The sole executive body of credit institution (further - the head of credit institution) in time no later than 5 calendar days from the date of the direction to the board of directors (supervisory board) of credit institution of the petition for implementation of measures for financial improvement or the petition for reorganization of credit institution shall provide to territorial office of the Bank of Russia or Department of supervision of systemically significant credit institutions of the Bank of Russia the notice on the direction of the corresponding petition constituted in any form with the list of the proposed measures.

The direction of the specified petitions is performed according to requirements of Items 1 and 2 of article 189.19 of the Federal Law.

2.2.2. According to Item 3 of article 189.19 of the Federal Law the solution of the board of directors (supervisory board) of credit institution according to the petition directed by the head of credit institution shall be accepted within 10 calendar days from the date of its direction.

2.2.3. In time no later than 3 calendar days from the date of the decision making specified in subitem 2.2.2 of this Instruction, the board of directors (supervisory board) of credit institution sends to territorial office of the Bank of Russia or Department of supervision of systemically significant credit institutions of the Bank of Russia the notice constituted in any form, containing the following data depending on the made decision:

in case of decision making about implementation of measures for financial improvement of credit institution - the main forms, nature and terms of carrying out the specified measures;

in case of decision making about reorganization credit organizatsiiforma of carrying out (merge or accession), full trade name, the location and the postal address of the credit institution participating in reorganization, with application of documents, the founders (participants) of the reorganized credit institutions confirming decision making about convocation of general meeting (including date, the venue and the agenda), and also other data at the discretion of credit institution;

in case of reduction of size of own means (capital) following the results of month under report there is lower than the size of authorized capital determined by constituent documents of credit institution - data on decision making on reduction in compliance of the size of the authorized capital and size of own means (capital) according to requirements of Item 1 of article 189.17 of the Federal Law;

in case of decision making about reduction of the size of the authorized capital - date of general meeting of founders (participants) of credit institution which agenda includes question of adoption of the specified decision.

The board of directors (supervisory board) of credit institution has the right to include in the notice the offer on appointment of temporary administration with indication of the bases for its appointment, stipulated in Item 1 article 189.26 of the Federal Law.

2.3. In case of acceptance by the board of directors (supervisory board) of credit institution of the decision on implementation of measures for financial improvement or reorganization the credit institution shall develop respectively the plan of measures for financial improvement (further - the plan died) or the actions plan on reorganization (daleeplan actions) and to provide it to territorial office of the Bank of Russia or Department of supervision of systemically significant credit institutions of the Bank of Russia in time no later than 30 calendar days from the date of adoption of the relevant decision.

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