INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 12, 2009 No. 2333-U

About procedure for adoption by the Bank of Russia of the decision on state registration of the changes and additions made to the charter of bank and about procedure for receipt of prior consent of the Bank of Russia to acquisition of preferred shares by bank at the Russian Federation within implementation of procedures of increase in capitalization

This Instruction according to the Federal Law of July 18, 2009 No. 181-FZ "About use of government securities of the Russian Federation for increase in capitalization of banks" (The Russian Federation Code, 2009, No. 29, the Art. 3618) (further the Federal Law), the Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; No. 45, Art. 4377; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; No. 15, Art. 1447; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, the Art. 2153) 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 August 7, 2009 No. 15) establish procedure for adoption by the Bank of Russia of the decision on state registration of the changes and additions made to the charter of bank and connected with the procedure of increase in capitalization according to the Federal Law and procedure for receipt of prior consent of the Bank of Russia to acquisition of preferred shares by bank at the Russian Federation within implementation of procedures of increase in capitalization.

Chapter 1. Procedure for adoption by the Bank of Russia of the decision on state registration of the changes and additions made to the charter of bank and connected with the procedure of increase in capitalization according to the Federal Law

1.1. For state registration of the changes and additions made to the charter of bank for the purpose of reduction of the charter of bank in compliance with part 2 of article 3 of the Federal Law, the bank sends to the Bank of Russia (Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia) the documents specified in paragraphs the second - pole of Item 16.1 of the Instruction of the Bank of Russia of April 2, 2010 N 135-I "About procedure for adoption by the Bank of Russia of the decision on state registration of credit institutions and issue of licenses for banking operations", registered by the Ministry of Justice of the Russian Federation on April 22, 2010 N 16965, on December 17, 2010 N 19217, on June 15, 2011 N 21033, on September 22, 2011 N 21869, on December 16, 2011 N 22645 ("the Bulletin of the Bank of Russia" of April 30, 2010 N 23, of December 30, 2010 N 73, of June 22, 2011 N 33, of September 28, 2011 N 54, of December 21, 2011 N 72), (further - the Instruction of the Bank of Russia N 135-I). At the same time the text of the changes and additions made to the charter of bank is drawn up on appendix form 20 to the Instruction of the Bank of Russia N 135-I.

1.2. The Bank of Russia within 15 working days from the date of receipt of the documents specified in Item 1.1 of this Instruction considers them and in case of compliance to the requirements established by the Federal Laws and regulations of the Bank of Russia makes the decision on state registration of the changes and additions made to the charter of bank.

Within three working days from decision date, this Item specified in paragraph one, the Bank of Russia (Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia) directs:

in territorial subdivision of federal executive body, authorized to perform state registration of legal entities and individual entrepreneurs (daleeupolnomochenny registering body) - the documents provided by the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" (The Russian Federation Code, 2001, No. 33, Art. 3431; 2003, No. 26, Art. 2565; No. 50, Art. 4855; No. 52, Art. 5037; 2004, No. 45, Art. 4377; 2005, No. 27, Art. 2722; 2007, No. 7, Art. 834; No. 30, Art. 3754; No. 49, Art. 6079; 2008, No. 18, Art. 1942; No. 30, Art. 3616; 2009, No. 1, Art. 19, Art. 20, Art. 23; No. 29, the Art. 3642), with the cover letter containing information on the made decision and specifying on need of the direction by authorized registering body of the message on entering of record into the Unified State Register of Legal Entities and the appropriate certificate in the territorial office of the Bank of Russia exercising supervision of activities of bank;

in the territorial office of the Bank of Russia exercising supervision of activities of bank - 2 copies of the changes approved by the Bank of Russia and additions made to the charter of bank.

1.3. The territorial office of the Bank of Russia exercising supervision of activities of bank no later than the working day following behind day of receipt of the message of authorized registering body on entering of record into the Unified State Register of Legal Entities:

performs the actions established by paragraphs second and third Item 16.4 of the Instruction of the Bank of Russia N 135-I;

sends to the Bank of Russia (Department of licensing of activities and financial improvement of credit institutions of the Bank of Russia) the information message about entering of the corresponding record into the Unified State Register of Legal Entities. The message goes by means of fax connection (other communication providing operational receipt of information). At the same time the original of the message goes by means of mail service.

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