INSTRUCTION OF THE CENTRAL BANK OF RUSSIA

of April 2, 2010 No. 2423-U

About transfer of exchange points to the status of other types of internal structural divisions of credit institutions (branches of credit institutions), about closing of exchange points and about streamlining of activities of internal structural divisions

1. Based on 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 Art. 3629; N 48, of the Art. 5731), 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 Art. 2153; N 23, of Art. 2776; N 30, of Art. 3739; N 48, of Art. 5731; N 52, of Art. 6428; 2010, N 8, the Art. 775) 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 March 26, 2010 N 6) the Bank of Russia establishes the following.

1.1. Credit institutions (branches of credit institutions) from the date of entry into force of this Instruction have no right to open exchange points.

1.2. The exchange points opened by credit institutions (branches of credit institutions) before entry into force of this Instruction in time no later than October 1, 2010 shall be transferred to the status of internal structural divisions of other type (except for the mobile unit of cash transactions) or are closed.

1.3. In case of transfer of exchange point to the status of internal structural division of other type by credit institution (branch of credit institution) the transfer advice of exchange point goes to the status of internal structural division of other type in the territorial office of the Bank of Russia exercising supervision of activities of credit institution (branch) in territorial office of the Bank of Russia on the location of exchange point and in the territorial office of the Bank of Russia exercising supervision of activities of branch under which supervision the internal structural division will be (if the internal structural division is under supervision of other branch of credit institution).

The notification is constituted in the form similar to form of the transfer advice of branch of credit institution in the status of internal structural division, stipulated in Item 9.14 and appendix 15 to 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" * (further - the Instruction of the Bank of Russia N 135-I).

In case of transfer of exchange point to the status of internal structural division of other type date of entering into the Book of state registration of credit institutions of data on closing of exchange point shall match date of introduction of data on opening of internal structural division of other type.

Transfer of exchange point in the status of additional office (operational office) is made in case of observance of the requirement to territorial placement of additional office (operational office) established by the paragraph the second Item 9.5 (subitem 9.5.1 of Item 9. 5) Instructions of the Bank of Russia N 135-I.

Date of opening of internal structural division and closing date of exchange point is date of the direction of the notification specified in paragraph one of this subitem.

1.4. About closing of exchange point the credit institution (branch of credit institution) sends the notification in the form given in appendix to this Instruction to the territorial office of the Bank of Russia exercising supervision of activities of credit institution (branch) and to territorial office of the Bank of Russia on the location of exchange point.

Closing date of exchange point is date of the direction of the notification specified in paragraph one of this subitem.

2. Activities of internal structural divisions of credit institutions (branches of credit institutions) which delegates the right to implementation of transactions with foreign currency no later than October 1, 2010 are subject to reduction in compliance with requirements, stipulated in Item 9.3 Instructions of the Bank of Russia N 135-I.

3. The instruction of the Bank of Russia of April 28, 2004 N 113-I "About procedure for opening, closing, the organization of work of exchange points and procedure by authorized banks of separate types of banking activities and other transactions with cash foreign currency and currency of the Russian Federation, checks (including travel checks) which nominal value is specified in foreign currency, with participation of physical persons", registered by the Ministry of Justice of the Russian Federation on June 2, 2004 N 5824, on November 11, 2005 N 7158, on December 22, 2006 N 8664 ("the Bulletin of the Bank of Russia" of June 9, 2004 N 33, of November 23, 2005 N 62, of December 28, 2006 N 74), is applied in the part which is not contradicting this Instruction.

4. This Instruction becomes effective after 10 days after day of its official publication in "the Bulletin of the Bank of Russia".

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* The instruction of the Bank of Russia of April 2, 2010 N 135-I "0 procedure for adoption by the Bank of Russia of the decision on state registration of credit institutions and issue of licenses for banking operations" is registered by the Ministry of Justice of the Russian Federation on April 22, 2010 N 16965.

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