FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 18, 2009 No. 181-FZ

About use of government securities of the Russian Federation for increase in capitalization of banks

Accepted by the State Duma on July 3, 2009

Approved by the Federation Council on July 7, 2009

Article 1. Purposes of this Federal Law

1. The purposes of this Federal Law are maintenance of banking system stability and protection of legitimate interests of investors and creditors of banks.

2. For the purpose of this Federal Law the Russian Federation has the right to perform measures for increase in capitalization of the banking credit institutions which are joint-stock companies (daleebanka), way of exchange of federal loan bonds for preferred shares of such banks (further - the procedure of increase in capitalization) according to the procedure and on conditions which are established by this Federal Law.

Article 2. Procedure of increase in capitalization

The procedure of increase in capitalization includes:

1) placement of preferred shares by bank taking into account the requirements established by this Federal Law;

2) issue of federal loan bonds by the Russian Federation taking into account the conditions established by this Federal Law;

3) the conclusion of the agreement of exchange of the preferred shares placed by bank according to this Federal Law on the federal loan bonds issued by the Russian Federation taking into account the conditions established by this Federal Law.

Article 3. Placement of preferred shares by bank within the procedure of increase in capitalization

1. Placement of preferred shares within the procedure of increase in capitalization can be performed by the bank conforming to the following requirements:

1) availability at bank for July 1, 2012 is not lower than the level of rating of long-term creditworthness, established by the Government of the Russian Federation. The list of rating agencies which ratings are applied to determination of long-term creditworthness of banks is determined by the Government of the Russian Federation;

2) the size of assets of bank determined according to the procedure established by the Central bank of the Russian Federation (Bank of Russia) for the published reporting as of July 1, 2012 constitutes size not lower than the level, established by the Government of the Russian Federation;

3) value of sufficiency of own funds of bank for the last reporting date to the direction of the offer on participation in the procedure of increase in capitalization according to article 4 of this Federal Law makes at least 10 percent. Value of sufficiency of own means of bank is calculated by the technique established by the Bank of Russia;

4) concerning bank ban on implementation of separate banking activities is not imposed by the Bank of Russia and (or) there are no restrictions for the size of interest rate set by the Bank of Russia which the bank determines in bank deposit agreements;

5) to other requirements established by the Government of the Russian Federation.

2. For participation in the procedure of increase in capitalization shall be determined by the charter of bank:

1) annual payment according to the preferred shares placed within the procedure of increase in capitalization, dividends determined as a percentage to nominal value of such shares, in the amount of, exceeding rate of the interest (coupon) income on three percent points (for the corresponding coupon period) on the federal loan bonds introduced in payment of these preferred shares. This dividend payout according to the specified shares is performed in currency of the Russian Federation mainly before preferred shareholders of other types;

2) procedure for cost determination, paid in case of liquidation of bank (salvage value) according to one preferred share placed within the procedure of increase in capitalization according to which the specified cost is determined as the amount of nominal value of the specified preferred share and size of the income to par value per share determined proceeding from cycle time of the specified preferred share and rate in the amount of, exceeding rate of the interest (coupon) income on three percent points (for the corresponding coupon period) on federal loan bonds, less the dividends for the specified period which are actually paid according to such preferred share. At the same time the benefit of payment of salvage value for the specified preferred shares before preferred shareholders of other types shall be provided;

3) quantity and nominal value of the announced preferred shares placed within the procedure of increase in capitalization;

4) possibility of acquisition by bank at the Russian Federation of the preferred shares placed within the procedure of increase in capitalization in case of availability at it of the right to such acquisition according to parts 4 and 5 of article 9 of this Federal Law;

5) governing body of bank (general shareholder meeting or the board of directors (supervisory board) within which competence the decision on acquisition by bank at the Russian Federation of the preferred shares placed within the procedure of increase in capitalization is;

6) shareholder right - the preferred shareholder, placed within the procedure of increase in capitalization to require converting of at the same time all specified preferred shares owned by it in ordinary shares after the expiration of ten-year term from the date of completion of placement of the specified preferred shares;

7) procedure and conditions of converting of the preferred shares placed within the procedure of increase in capitalization in ordinary shares of bank which provide including:

a) converting of the preferred shares placed within the procedure of increase in capitalization, in ordinary shares upon the demand of the shareholder - the owner of the specified preferred shares, but not earlier than the expiration of ten-year term from the date of completion of their placement;

b) converting of one preferred share placed within the procedure of increase in capitalization in one ordinary share of bank of the same nominal value;

c) the term during which preferred shareholders, placed within the procedure of increase in capitalization, the applications containing requirements about converting of the specified preferred shares, and also the term during which based on such statements their converting shall be performed can be submitted;

d) equality of total nominal value of the preferred shares placed within the procedure of increase in capitalization, and total nominal value of the ordinary shares placed for converting in them the specified preferred shares;

8) the number of the announced ordinary shares which the bank has the right to place by converting in them the preferred shares placed within the procedure of increase in capitalization in addition to placed shares, sufficient for the specified converting.

3. For participation in the procedure of increase in capitalization release of preferred shares shall be performed by bank with the following provisions:

1) placement of preferred shares is performed by the closed subscription;

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