INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 17, 2009 No. 2293-U

About procedure for response at credit institution of the license for banking operations in case of establishment of essential unauthenticity of reporting data

This Instruction based on the Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 N 17-FZ) (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; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, Art. 3469; 2001, N 26, Art. 2586; N 33, of Art. 3424; 2002, N 12, Art. 1093; 2003, N 27, Art. 2700; N 50, of Art. 4855; N 52, of the Art. 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 1, Art. 18, Art. 45; N 30, of Art. 3117; 2006, N 6, Art. 636; N 19, of Art. 2061; N 31, of Art. 3439; N 52, of Art. 5497; 2007, N 1, Art. 9; N 22, of Art. 2563; N 31, of Art. 4011; N 41, of Art. 4845; N 45, of Art. 5425; N 50, of Art. 6238; 2008, N 10, Art. 895; N 15, of Art. 1447; 2009, N 1, Art. 23; N 9, of Art. 1043; N 18, of the Art. 2153) (further - the Federal Law "About Banks and Banking Activity") and the Federal Law of July 10, 2002 N 86-FZ "About the Central bank the 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; 2008, N 42, Art. 4696, Art. 4699; N 44, of Art. 4982; N 52, of the Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, of the Art. 3629) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)") determines procedure for response the Bank of Russia at credit institution of the license for banking operations in case of establishment of the facts of essential unauthenticity of reporting data of credit institution.

1. The fact of essential unauthenticity of reporting data of credit institution is considered established if the reporting provided by credit institution to the Bank of Russia:

1.1. contains data on reserves on possible losses according to loans, the loan and equated to it debt and (or) other losses (further - reserves) in other size, than it is established by the Bank of Russia according to article 72 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", the Provision of the Bank of Russia of June 28, 2017 No. 590-P "About procedure for forming by credit institutions of reserves on possible losses according to loans, the loan and equated to it debt", the registered Ministry of Justice of the Russian Federation on July 12, 2017 No. 47384, on October 3, 2018 No. 52308, on December 19, 2018 No. 53053, on January 23, 2019 No. 53505, on September 12, 2019 No. 55910, on November 27, 2019 No. 56646, and (or) the Provision of the Bank of Russia of October 23, 2017 No. 611-P "About procedure for forming by credit institutions of reserves on possible losses", the registered Ministry of Justice of the Russian Federation on March 15, 2018 No. 50381, on December 19, 2018 No. 53054, on September 12, 2019 No. 55911, on March 31, 2020 No. 57915, on May 28, 2020 No. 58498, if reflection by credit institution in the reporting of reserves in the amount of, established by the Bank of Russia, specifies violation of obligatory standard rates and (or) emergence of the bases for implementation of measures for the prevention of insolvency (bankruptcy) and (or) revocation of license on banking operations (except as specified when the size of reserves which is actually created by credit institution exceeds the size established by the Bank of Russia);

1.2. contains data on observance of obligatory standard rates by credit institution while the Bank of Russia established facts of non-compliance with obligatory standard rates;

1.3. contains the information about other, the size of the required reserves which are subject to deposition in the Bank of Russia calculated by credit institution than it is established by the Bank of Russia according to article 38 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", except as specified, when the size of required reserves determined in the calculation provided by credit institution, and the size of the required reserves which are actually deposited by credit institution on accounts on accounting of required reserves is more than normative size of required reserves established by the Bank of Russia;

1.4. does not reflect the actual non-execution by credit institution of any obligations to creditors and (or) obligations on payment of obligatory payments;

1.5. does not reflect the actual carrying out by credit institution the transactions specified in subitems 1-4 of Item 1 and in Item 1.1 of article 6 of the Federal Law of August 7, 2001 N 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, N 33, Art. 3418; 2002, N 30, Art. 3029; N 44, of Art. 4296; 2004, N 31, Art. 3224; 2005, N 47, Art. 4828; 2006, N 31, Art. 3446, Art. 3452; 2007, N 16, Art. 1831; N 31, of the Art. 3993, Art. 4011; N 49, of Art. 6036; 2009, N 29, the Art. 3600), and also other transactions on the amount equal or exceeding 3 000 000 rubles;

1.6. is not confirmed by availability (absence) of material values, securities and other documents which are provided by requirements of the legislation of the Russian Federation, including regulations of the Bank of Russia on the transactions specified in Item 1.5 of this Instruction;

1.7. keeps data on revaluation of assets by credit institution in other order, than it is established by the Bank of Russia according to the Provision of the Bank of Russia of July 4, 2018 No. 646-P "About technique of determination of own means (capital) of credit institutions ("Basel III")", the registered Ministry of Justice of the Russian Federation on September 10, 2018 No. 52122, on December 19, 2018 No. 53064, on September 30, 2019 No. 56084, on July 30, 2020 No. 59121, if reflection by credit institution in the reporting of revaluation according to the procedure, established by the Bank of Russia, specifies violation of obligatory standard rates and (or) emergence of the bases for implementation of measures for the prevention of insolvency (bankruptcy) and (or) revocation of license on banking operations;

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