INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 2, 2010 No. 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

This Instruction according to the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, the Art. 5731) (further - the Federal Law "About the Central bank the Russian Federation (Bank of Russia), 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; 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, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, the Art. 775) (further - the Federal Law "About Banks and Banking Activity"), the Federal Law of February 8, 1998 No. 14-FZ "About limited liability companies" (The Russian Federation Code, 1998, No. 7, Art. 785; No. 28, Art. 3261; 1999, No. 1, Art. 2; 2002, No. 12, Art. 1093; 2005, No. 1, Art. 18; 2006, No. 31, Art. 3437; No. 52, Art. 5497; 2008, No. 18, Art. 1941; No. 52, Art. 6227; 2009, No. 1, Art. 20; No. 29, Art. 3642; No. 31, Art. 3923; No. 52, the Art. 6428) (further - the Federal Law "About Limited Liability Companies"), the Federal Law of December 26, 1995 No. 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, No. 1, Art. 1; No. 25, Art. 2956; 1999, No. 22, Art. 2672; 2001, No. 33, Art. 3423; 2002, No. 12, Art. 1093; No. 45, Art. 4436; 2003, No. 9, Art. 805; 2004, No. 11, Art. 913; No. 15, Art. 1343; No. 49, Art. 4852; 2005, No. 1, Art. 18; 2006, No. 1, Art. 5, Art. 19; No. 2, Art. 172; No. 31, Art. 3437, Art. 3445, Art. 3454; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 31, Art. 4016; No. 49, Art. 6079; 2008, No. 18, Art. 1941; 2009, No. 1, Art. 23; No. 19, Art. 2279; No. 23, Art. 2770; No. 29, Art. 3642; No. 52, the Art. 64288) (further - the Federal Law "About Joint-stock Companies"), 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, Art. 3642; No. 52, the Art. 6428) (further - the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs") 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 No. 6) establish procedure for adoption by the Bank of Russia of the decision on state registration of credit institutions and issue of licenses for banking operations.

The procedure for issue by the Bank of Russia of the license for banking operations of credit institution which proceeedings about bankruptcy are stopped in connection with repayment of its obligations according to the decision of founders (participants) or the third party (third parties) is established by the Provision of the Bank of Russia of August 11, 2005 No. 275-P "About procedure for issue by the Bank of Russia of the license for banking operations of credit institution which proceeedings about bankruptcy are stopped in connection with repayment of its obligations by founders (participants) or the third party (third parties)", the registered Ministry of Justice of the Russian Federation on September 2, 2005 No. 6974, on July 23, 2009 No. 14379 ("the Bulletin of the Bank of Russia" of September 22, 2005 No. 50, of August 5, 2009 No. 46).

Features of state registration of credit institutions with foreign investments are established by other regulations of the Bank of Russia.

Section I. Decision making about state registration of credit institutions. Issue to credit institutions of licenses for banking operations during their creation

Chapter 1. General provisions

1.1. The credit institution is created on the basis of any pattern of ownership as economic society (joint-stock company, limited liability company or additional liability company).

1.2. The credit institution makes banking activities based on the license for banking operations granted by the Central bank of the Russian Federation.

The license for banking operations is granted on the form protected from counterfeits contains list of banking activities, number and date of issue of the license. The license number on banking operations, issued to bank with the universal license (to bank with the basic license), is identical to the registration number of such bank assigned by the Bank of Russia. The license number on banking operations, the issued settlement non-bank credit institution and non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities includes the registration number of such non-bank credit institution assigned by the Bank of Russia with addition through sign "-" prefix "To". The license number on banking operations, the issued non-bank credit institution performing deposit credit operations includes the registration number of such non-bank credit institution assigned by the Bank of Russia with addition through sign "-" the prefix "D". The license number on banking operations, the issued non-bank credit institution - the central partner, includes the registration number of such non-bank credit institution assigned by the Bank of Russia with addition through sign "-" prefix of "Central Committee".

The license for banking operations is signed by the Chairman of the Bank of Russia or the first deputy (deputy) the Chairman of the Bank of Russia supervising questions of state registration of credit institutions and issue of licenses for banking operations or persons replacing them. The signature is sealed the Bank of Russia with the image of the State Emblem of the Russian Federation.

1.3. The Bank of Russia makes the decision on state registration of credit institutions, performs interaction concerning state registration of credit institutions with the Federal Tax Service, its territorial authorities (daleeupolnomochenny registering body), grants to credit institutions licenses for banking operations, keeps the register of the granted licenses for banking operations and the Book of state registration of credit institutions for the purpose of implementation of control and supervising functions.

1.4. The documents submitted according to this Instruction can be sent to the Bank of Russia (territorial offices of the Bank of Russia) in the form of electronic documents according to the procedure, determined by the Bank of Russia. In that case interaction between credit institution, territorial office of the Bank of Russia and the Bank of Russia is performed in electronic form.

In case of submission of the documents specified in paragraph one of this Item in the form of electronic documents the credit institution shall submit by the written request of territorial office of the Bank of Russia the documents provided by the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs", on paper within three calendar days from the moment of receipt of the specified request in number of copies provided by the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs".

The certificate of the Bank of Russia on state registration, the license for banking operations go credit institution on paper, and in case of submission of the documents specified in paragraph one of this Item in the form of electronic documents - in electronic form and on paper.

1.5. Copies of the documents of authorized registering body received by territorial office of the Bank of Russia (including in the form of electronic documents) remain in territorial office of the Bank of Russia.

1.6. According to the decision of the Chairman of the Bank of Russia or the first deputy (deputy) Chairman of the Bank of Russia which is directly coordinating and controlling work of Department of the admission and the termination of activities of the financial organizations of bank of Russia, powers of territorial offices of the Bank of Russia on state registration of credit institutions and licensing of banking activity can be transmitted to central office of the Bank of Russia (with determination of Department of the admission and the termination of activities of the financial organizations of the Bank of Russia by the structural division of the Bank of Russia authorized for consideration of sets of the documents provided by Chapters 3, 6 - 8, 14 - 17, 20 and 26 - 28 these Instructions).

Chapter 2. Founders of credit institution

2.1. Legal and (or) physical persons which participation in credit institution is not forbidden by the Federal Laws can be founders of credit institution.

Founders of bank have no right to leave the list of members of bank within the first three years from the date of its state registration.

2.2. The founder of credit institution - the legal entity shall have strong financial position, enough own means for entering into the authorized capital of credit institution, to perform activities within at least three years and to fulfill obligations to the federal budget, the budget of appropriate subject of the Russian Federation and the corresponding local budget for the last three years.

2.2.1. The financial position of credit institution - the founder is estimated:

founder bank - according to the Instruction of the Bank of Russia of April 3, 2017 No. 4336-U "About assessment of economic situation of banks", the registered Ministry of Justice of the Russian Federation on May 19, 2017 No. 46771 (further - the Instruction of the Bank of Russia No. 4336-U). At the same time the founder bank shall treat classification group 1 or classification group 2;

non-bank credit institution - the founder - according to the regulation of the Bank of Russia establishing criteria of determination of financial condition of credit institutions. At the same time the non-bank credit institution shall belong to the category of financially stable credit institutions.

The financial position of credit institution - the founder cannot be acknowledged satisfactory if the credit institution does not fulfill mandatory reserve requirements of the Bank of Russia and has overdue monetary commitments before the Bank of Russia.

Sufficiency of own means of credit organizatsiiuchreditel is determined proceeding from indicator of own means (capital);

2.2.2. The credit institution - the founder shall conform to the requirements established by subitem 2.2.1 of this Item within the last six months preceding date of submission of documents for state registration of credit institution and receipt of the license on

banking operations, and also before adoption by the Bank of Russia of the decision on state registration of credit institution.

2.3. The procedure and criteria for evaluation of financial position of founders of credit institution - legal entities are determined by the Provision of the Bank of Russia of June 19, 2009 No. 337-P "About procedure and criteria for evaluation of financial position of legal entities - founders (participants) of credit institution", the registered Ministry of Justice of the Russian Federation on July 16, 2009 No. 14356 ("the Bulletin of the Bank of Russia" of July 30, 2009 No. 45) (further - the Provision of the Bank of Russia No. 337-P).

The procedure and criteria for evaluation of financial position of founders of credit institution - physical persons are determined by the Provision of the Bank of Russia of June 19, 2009 No. 338-P "About procedure and criteria for evaluation of financial position of physical persons - founders (participants) of credit institution", the registered Ministry of Justice of the Russian Federation on July 23, 2009 No. 14396 ("the Bulletin of the Bank of Russia" of July 30, 2009 No. 45) (further - the Provision of the Bank of Russia No. 338-P).

For the purposes of assessment of financial position of legal entities the Bank of Russia (territorial office of the Bank of Russia) has the right to request from founders of credit institution any information on financial position and activities of persons capable directly or indirectly (through the third parties) to determine the decisions made by founders of credit institution. In the time specified in request founders of credit institution send necessary information to the Bank of Russia (territorial office of the Bank of Russia).

The procedure for control of payment of shares (shares) of credit institution at the expense of means of budgets of all levels, state non-budgetary funds, free money and other objects of property which are under authority of public authorities and local government bodies is established by the Instruction of the Bank of Russia of August 14, 2002 No. 1186-U "About authorized capital payment of credit institutions at the expense of means of budgets of all levels, state non-budgetary funds, free money and other objects of property which are under authority of public authorities and local government bodies", the registered Ministry of Justice of the Russian Federation on October 7, 2002 No. 3837 ("the Bulletin of the Bank of Russia" of October 16, 2002 No. 54) (further - the Instruction of the Bank of Russia No. 1186-U).

Chapter 3. The documents submitted to the Bank of Russia for state registration of credit institution and receipt of the license for banking operations

3.1. For state registration of credit institution and receipt of the license for banking operations the following documents shall be submitted.

3.1.1. The statement for state registration of credit institution constituted in the form established according to the Federal Laws (further - the established form) in which are specified also the location information (address) of permanent executive body of credit institution according to which communication with credit institution is performed; the petition for state registration of credit institution and licensing for banking operations (with transfer of banking activities and specifying to that, they will be performed only in rubles or in rubles and foreign currency) addressed to the head of the Bank of Russia.

3.1.2. The charter of credit institution approved by general meeting of founders and containing the following data:

complete the corporate and reduced corporate names of credit institution in Russian;

complete the corporate and reduced corporate names of credit institution in languages of the people of the Russian Federation and (or) foreign languages (in case of availability of such names);

location information (address) of governing bodies of credit institution and its separate divisions;

the list of the banking activities and transactions performed by credit institution determined according to article 5 of the Federal law "About Banks and Banking Activity";

data on the size of the authorized capital, on procedure for its forming, and also (for credit institution in the form of joint-stock company) data on the size of reserve fund (as a percentage to the authorized capital) and the amount of annual assignments for its forming;

data on system of governing bodies of credit institution, including its executive bodies, and bodies of internal control of credit institution, on procedure for their education and their powers;

the provisions concerning ensuring accounting and safety of documents, and also their timely transfer on the state storage in accordance with the established procedure by reorganization or liquidation of credit institution;

the provisions determining procedure for reorganization and liquidation of credit institution;

other provisions provided by the Federal Laws and also the provisions which are not contradicting the Federal Laws (including regulations on the size of reserve fund of credit institution in the form of limited liability company or additional liability company).

3.1.3. The business plan of credit institution constituted according to the requirements established by regulations of the Bank of Russia, and approved by general meeting of founders of credit institution (during creation of the settlement non-bank credit institution planning implementation of calculations using clearing, the provision regulating procedure for carrying out calculations shall be appendix to the business plan).

3.1.4. The protocol of general meeting of founders of credit institution containing the following decisions:

about creation of credit institution;

about approval of its name;

about approval of the charter of credit institution;

about approval of candidacies for appointment to positions of sole executive body, his deputies, members of collegiate executive body of credit institution (daleerukovoditel of credit institution), the chief accountant, deputy chief accountants of credit institution;

about approval of the business plan of credit institution;

about election of board members (supervisory board) of credit institution;

about approval of money value of deposits of founders to the authorized capital of credit institution in the form of property in non-cash form;

about appointment of person, representative to sign the documents submitted to the Bank of Russia for state registration of credit institution.

In addition to the protocol of general meeting of founders of credit institution the minutes of the board of directors (supervisory board) of credit institution containing the decision on election of the chairman of the board of directors (supervisory board) of credit institution are submitted.

3.1.5. The documents confirming payment of the state fee for state registration of credit institution and for provision of the license for banking operations.

3.1.6. Properly verified copies of the documents confirming state registration of the founders of credit institution who are individual entrepreneurs or the containing such data of the extract from the Unified State Register of Legal Entities and Individual Entrepreneurs;

properly verified copies of constituent documents of founders of credit institution - legal entities or the copy of their constituent documents issued by authorized registering body;

audit opinions about reliability of the financial reporting of founders of credit institution - legal entities with appendix of balances and profits and loss statements for the last three years of activities;

copies of editions in which the accounting (financial) records for the last three years of activities of founders of credit institution are published - legal entities (with indication of numbers of editions and dates of publication) who publish the reporting according to the procedure and the cases determined by the Federal Laws;

other documents provided by the regulations of the Bank of Russia establishing procedure and criteria for evaluation of financial position of founders of credit institution.

The territorial office of the Bank of Russia on the expected location of the created credit institution independently requests in authorized registering body of the data on state registration of the founders of credit institution who are legal entities and also data on accomplishment of obligations to the federal budget, budgets of subjects of the Russian Federation and local budgets by them for the last three years.

The founders of credit institution who are legal entities, having the right to provide on own initiative to territorial office of the Bank of Russia on the expected location of the created credit institution properly verified copies of the documents containing the data listed in this paragraph.

3.1.7. The documents provided by the regulation of the Bank of Russia determining evaluation procedure of compliance to qualification requirements and requirements to goodwill of persons specified in article 11.1 of the Federal law "About Banks and Banking Activity" and article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", except for documents which submission is provided by this Chapter.

3.1.8. Properly verified copies of the documents confirming the property right (the right of lease, the sublease) of the founder or the other person on the building (room) finished by construction in which the credit institution will be located;

the obligation about provision of this building (room) in lease (the sublease, free use) after state registration of credit institution (if the building (room) is not brought as contribution to the authorized capital of credit institution);

consent to provision of the specified building (room) in the sublease (free use) received according to requirements of Item 2 of Article 615 of the Civil code of the Russian Federation (The Russian Federation Code, 1996, No. 5, the Art. 410) (if the building (room) is not brought as contribution to the authorized capital of credit institution).

3.1.9. The documents necessary for preparation of the conclusion about observance by credit institution of the requirements established appendices 1 to the Provision of the Bank of Russia of April 24, 2008 No. 318-P "About procedure for conducting cash transactions and storage precautions, transportations and collections of banknotes and coin of the Bank of Russia in credit institutions in the territory of the Russian Federation", to No. 11751 registered by the Ministry of Justice of the Russian Federation on May 26, 2008 ("the Bulletin of the Bank of Russia" of June 6, 2008 No. 29-30) (daleepolozheniye of the Bank of Russia No. 318-P):

the explanatory note on technical reinforcement of rooms for making of transactions with values (including on the equipment the security and fire and disturbing alarm system) and on the organization of protection, providing protection of life of personnel and safety of values;

the plan of arrangement of rooms for placement of credit institution with explication (the sizes of the occupied space and purpose of rooms);

the plan of arrangement of rooms for making of transactions with values with explication (the sizes of the occupied space and purpose of rooms);

the document (agreement of intent) confirming the consent of security company to the conclusion with credit institution after its state registration of the contract for rendering security services;

the license for implementation of non-state (private) security activities of security company with which the agreement on the conclusion of the contract for rendering security services is reached;

the acceptance act of means of the security and fire and disturbing alarm system in operation;

certificates of conformity on the equipment (including protective) rooms for making of transactions with values.

If cash in credit institution is insured a minimum of the amount of the minimum remaining balance of storage of cash, the following documents shall be submitted:

the document (agreement of intent) confirming the consent of insurance company, foreign insurance company to the conclusion with credit institution after its state registration of the agreement of property insurance;

license of insurance company, foreign insurance company for implementation of insurance activity in the territory of the Russian Federation;

the document (agreement of intent) confirming coordination with insurance company, foreign insurance company of requirements to technical reinforcement of rooms for making of transactions with values (including to the equipment the security and fire and disturbing alarm system), constituted in any form and signed by the authorized person of insurance company, foreign insurance company and person authorized by general meeting of founders of credit institution;

the plan of arrangement of rooms for placement of credit institution with explication (the sizes of the occupied space and purpose of rooms).

In case of decision making about the specified insurance of cash and coordination with insurance company, foreign insurance company of requirements to technical reinforcement of rooms for making of transactions with values submission of the documents provided by paragraphs the second or eighth this subitem is not required.

The territorial office of the Bank of Russia exercises control of effective periods of the agreements of property insurance concerning insurance of cash a minimum of the amount of the minimum remaining balance of storage of cash in credit institution (branch). Within five working days after the termination of the duration of the agreement of property insurance the credit institution shall provide to territorial office of the Bank of Russia the agreement of property insurance signed for the new term, or the documents provided by paragraphs the second or eighth this subitem.

3.1.10. Properly verified copy of the document issued by federal antimonopoly authority and confirming satisfaction of the petition for consent on creation of credit institution (if according to the Federal Laws creation of credit institution requires prior consent of federal antimonopoly authority).

If according to the Federal Laws creation of credit institution is performed with the subsequent notification of federal antimonopoly authority, properly verified copy of the adequate notice, and also properly verified copy of the notification of the federal antimonopoly authority sent according to part 2 of article 31 of the Federal Law of July 26, 2006 to No. 135-FZ "About protection of the competition" shall be provided to territorial office of the Bank of Russia on the location of credit institution (The Russian Federation Code, 2006, No. 31, Art. 3434; 2007, No. 49, Art. 6079; 2008, No. 18, Art. 1941; No. 27, Art. 3126; No. 45, Art. 5141; 2009, No. 29, Art. 3601, Art. 3610; No. 52, the Art. 6450, the Art. 6455) (further - the Federal Law "About Protection of the Competition").

3.1.11. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 05.10.2018 No. 4925-U

3.1.12. The documents necessary for registration of the first share issue of credit institution (in case of the petition for state registration of credit institution in the form of joint-stock company).

3.1.13. The complete list of founders of credit institution on paper on appendix form 3 to this Instruction.

3.1.14. Rules of implementation of the translation of electronic money (in case of organization of the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities).

3.1.15. The message in writing according to the regulation of the Bank of Russia determining evaluation procedure of compliance to qualification requirements and requirements to goodwill of persons specified in article 11.1 of the Federal law "About Banks and Banking Activity" and article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", containing list of board members (supervisory board) of credit institution and confirmation of their compliance to requirements of the Federal Law "About Banks and Banking Activity".

The documents provided by the regulation of the Bank of Russia determining evaluation procedure of compliance to qualification requirements and requirements to goodwill of persons specified in article 11.1 of the Federal law "About Banks and Banking Activity" and article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", except for documents which submission is provided by this Chapter shall be attached to the message on each board member (supervisory board).

3.1.16. The documents provided by the regulation of the Bank of Russia determining evaluation procedure of compliance to qualification requirements and requirements to goodwill of persons specified in article 11.1 of the Federal law "About Banks and Banking Activity" and article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", in the relation:

the founder of credit institution acquiring more than 10 percent of shares (shares) of credit institution;

person performing functions of sole executive body of the legal entity - the founder of credit institution acquiring more than 10 percent of shares (shares) of credit institution.

3.2. The documents specified in Item 3.1 of this Instruction shall answer the following conditions.

3.2.1. The application for state registration of credit institution shall be signed by person authorized by general meeting of founders of credit institution.

3.2.2. The trade name of credit institution in Russian shall contain specifying on nature of its activities by means of use of words "bank" or "non-bank credit institution", and also on form of business and type (for credit institutions in the form of joint-stock company).

The reduced trade name of credit institution shall conform to the requirements established by the Federal Laws and regulations of the Bank of Russia determining procedure for identification of participants of interbank calculations.

Use in trade name of credit institution of the words "Russia", Russian Federation, "state", "federal" and "central", and also words and phrases, derivative of them, is allowed according to the procedure, established by the Federal Laws.

Writing complete of the corporate and reduced corporate names of credit institution on the title page of the charter of credit institution and in the text of the charter of credit institution shall be identical (including use in the name of capital and lowercase letters, brackets, quotes, other punctuation marks).

The trade name of credit institution in Russian and languages of the people of the Russian Federation may contain foreign-language borrowings in the Russian transcription or in transcriptions of languages of the people of the Russian Federation, except for the terms and abbreviations reflecting form of business of credit institution.

3.2.3. Ceased to be valid

3.2.4. The documents provided by paragraphs the second or fourth subitem 3.1.9 of Item 3.1 of this Instruction are constituted and signed by founders of credit institution.

3.2.5. The documents provided by subitem 3.1.9 of Item 3.1 of this Instruction are represented only if in the petition for state registration of credit institution and licensing for banking operations transactions on collection of money, bills of exchange, payment and settlement documents and cash servicing of physical persons and legal entities are specified.

3.3. The documents listed in Item 3.1 of this Instruction are represented to territorial office of the Bank of Russia on the expected location of the created credit institution not later than in month after the conclusion of the constitutive treaty and approval of the charter of credit institution (in case of the direction of the petition for state registration of credit institution in the form of limited liability company or additional liability company) or not later than in month after the conclusion of the agreement on creation and approvals of the charter of credit institution (in case of the direction of the petition for state registration of credit institution in the form of joint-stock company).

3.3.1. Documents are submitted in duplicate, except for:

the statement for state registration which is represented in one copy;

the documents specified in subitem 3.1.9 of Item 3.1 of this Instruction, which are represented in one copy at the same time submission of properly verified copies is allowed;

the protocol of the general meeting of founders which is represented in triplicate;

paragraph fifth ceased to be valid;

questionnaires of candidates for positions of heads of credit institution, the chief accountant, the deputy chief accountants of credit institution who are represented in triplicate everyone at the same time one authentic copy of the questionnaire and two copies of the questionnaire in the form of the copies certified by the candidate with own hand are represented;

the charter of credit institution which is represented in four copies at the same time submission of originals of the charter or its notarially certified copies on condition of representation at least one original of the charter is allowed.

Chapter 4. Authorized capital of credit institution

4.1. The minimum size of the authorized capital for the credit institution created by organization is stipulated in Clause 11 Federal Laws "About Banks and Banking Activity", except for the case determined by the paragraph the second this Item according to article 36 of the Federal law "About Banks and Banking Activity".

The minimum size of the authorized capital for again registered bank, the petition for state registration and licensing for which banking operations assumes provision of the license for attraction in deposits of money of physical persons in rubles or the license for attraction in deposits of money of physical persons in rubles and foreign currency, is stipulated in Clause 36 Federal Laws "About Banks and Banking Activity".

4.2. The authorized capital of the credit institution created in the form of joint-stock company is constituted from nominal value of its shares acquired by founders of credit institution.

The authorized capital of the credit institution created in the form of limited liability company or additional liability company is constituted from nominal value of shares of her founders.

4.3. Can be contribution to the authorized capital of credit institution:

money in currency of the Russian Federation;

foreign currency cash - single European currency (euro) and (or) one or several national currencies of the following countries: Australia, United Kingdom of Great Britain and Northern Ireland, Kingdom of Denmark, Canada, People's Republic of China, New Zealand, Kingdom of Norway, United States of America, Kingdom of Sweden, Swiss Confederation, Japan. Use of money in other foreign currency as contribution to the authorized capital of credit institution is not allowed;

the building (room) finished by construction belonging to the founder of credit institution on the property right (including including the built-in or attached objects) in which the credit institution can be located;

the property belonging to the founder of credit institution on the property right in the form of the ATMs and terminals functioning in the automatic mode and intended for acceptance of cash liquidity from clients and its storage.

According to article 3.1 of the Federal Law of December 29, 2014 No. 451-FZ "About introduction of amendments to article 11 of the Federal law "About Deposit Insurance in Banks of the Russian Federation" and article 46 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2015, No. 1, Art. 4; No. 17, the Art. 2473) (further - the Federal Law "About Introduction of Amendments to Article 11 of the Federal Law "About Deposit Insurance in Banks of the Russian Federation" and Article 46 of the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), Article 25.1 of the Federal Law "About Banks and Banking Activity", Article 72 of the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" and the Provision of the Bank of Russia of December 28, 2012 No. 395-P " about Technique of Determination of Size of Own Means (Capital) of Credit Institutions " (" Basel III ")", the registered Ministry of Justice of the Russian Federation on February 22, 2013 No. 27259, on November 29, 2013 No. 30499, on October 2, 2014 No. 34227, on December 11, 2014 No. 35134, on December 17, 2014 No. 35225, on March 24, 2015 No. 36548 ("the Bulletin of the Bank of Russia" of February 27, 2013 No. 11, of November 30, 2013 No. 69, of October 8, 2014 No. 93, of December 22, 2014 No. 112, of December 26, 2014 No. 114, of March 30, 2015 No. 27), requirements of creditors for the subordinated credits (deposits, loans) (bonded loans), including requirements for unpaid interests for such credits (deposits, loans) (bonded loans), and also requirements for financial sanctions for non-execution of obligations for the subordinated credits (deposits, loans) (bonded loans) can be exchanged (are converted) for ordinary shares (shares) of credit institution.

In the cases established by the Federal Laws, other property can be contribution to the authorized capital of credit institution.

With foreign currency shares (share) of credit institutions as having the license for banking operations with means in foreign currency, not having such license can be paid.

Nonresidents (legal entities and physical person) have the right to pay with foreign currency cash of the share (share) of credit institution. Payment by residents of shares (shares) of credit institution by foreign currency cash is not allowed, except cases of payment of shares (shares) of authorized bank <1> by other authorized bank.

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<1> Concept "authorized bank" is used in the value established in article 1 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" (The Russian Federation Code, 2003, No. 50, Art. 4859; 2004, No. 27, Art. 2711; 2005, No. 30, Art. 3101; 2006, No. 31, Art. 3430; 2007, No. 1, Art. 30; No. 22, Art. 2563; No. 29, Art. 3480; No. 45, Art. 5419; 2008, No. 30, Art. 3606; 2010, No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873; No. 29, Art. 4291; No. 30, Art. 4584; No. 48, Art. 6728; No. 50, Art. 7348, Art. 7351; 2013, No. 11, Art. 1076; No. 19, Art. 2329; No. 27, Art. 3447; No. 30, Art. 4084; 2014, No. 11, Art. 1098; No. 19, Art. 2317; No. 30, Art. 4219; No. 45, Art. 6154; 2015, No. 27, Art. 3972, Art. 4001; No. 48, Art. 6716; 2016, No. 1, Art. 50).

Share par value (shares) of credit institution paid with foreign currency shall be expressed only in currency of the Russian Federation.

4.4. The property in non-cash form brought as contribution to the authorized capital of credit institution shall be estimated and reflected in balance of credit institution in currency of the Russian Federation.

4.5. The contribution to the authorized capital of credit institution cannot be in the form of property if the order right is limited to this property according to the Federal Laws or agreements signed earlier.

4.6. The money value of the property in non-cash form brought as contribution to the authorized capital of credit institution under its organization affirms general meeting of founders.

In case of payment of additional shares of credit institution by property in non-cash form the money value of such property is made by the board of directors (supervisory board) of credit institution.

The money value of the property in non-cash form brought as additional contribution to the authorized capital of credit institution in the form of limited liability company or additional liability company affirms general meeting of members of credit institution.

4.7. In case of payment of part of the authorized capital by property in non-cash form for cost determination of such property in the cases provided by the Federal Laws the independent appraiser shall be attracted. If the owner from two to fifty percent inclusive of voting shares of credit institution are the state and (or) the municipality and determination of the price (money value) of property, the prices of placement of issued securities of credit institution, the prices of share repurchase of credit institution is performed by the board of directors (supervisory board) of credit institution obligatory the notification of the federal executive body authorized by the Government of the Russian Federation is (according to Item 3 of article 77 of the Federal law "About Joint-stock Companies").

The size of the money value of property performed by founders (participants) or the board of directors (supervisory board) of credit institution cannot be higher than the size of assessment performed by the independent appraiser.

4.8. For forming of the authorized capital of credit institution borrowed funds, and in the cases established by the Federal Laws - other property cannot be used.

4.9. The property value in non-cash form, the credit institution created by the organization directed to payment of shares (share in the authorized capital), cannot exceed twenty percent of share placing price (share in the authorized capital).

(Examples:

a) according to the charter of the credit institution created by organization its authorized capital is equal to 300 million rubles, nominal value of each share - 1 million rubles. Share placing is performed at par value. The property value in non-cash form, directed to payment of shares, cannot exceed: 300 * 0,2 = 60 million rubles;

b) according to the charter of the credit institution created by organization its authorized capital is equal to 300 million rubles, nominal value of each share - 1 million rubles. The price of placement of each share - 3 million rubles. The property value in non-cash form, directed to payment of shares, cannot exceed: (300 * 3) * 0,2 = 180 million rubles.).

4.10. In case of introduction as contribution to the authorized capital of credit institution of property in non-cash form the documents confirming the right of her founders to entering of the specified property into the authorized capital of credit institution shall be submitted.

4.11. Provisions of this Chapter, except for provisions, stipulated in Item 4.1, paragraph one of Item 4.6 and Item 4.9 of this Instruction, are applied also to the credit institutions having the license for banking operations. Provisions of paragraphs of the sixth and seventh Item 4.3 of this Instruction are not applied to the credit institution created by organization.

Chapter 5. The notification procedure about acquisition and (or) obtaining in trust management of shares (shares) of credit institution

5.1. Acquisition (except for case if shares (shares) are acquired under organization of credit institution) and (or) obtaining in trust management (further in this Chapter - acquisition) as a result of implementation of one transaction or several transactions by one legal or physical person more than one percent of shares (shares) of credit institution require the notification of the Bank of Russia.

The requirement established by paragraph one of this Item extends also to acquisition cases more than one percent of shares (shares) of credit institution the group of persons recognized that according to the Federal Law "About Protection of the Competition".

If more than one percent of shares (shares) of credit institution (to person it is delivered in trust management more than one percent of shares (shares) of credit institution) belong to person (group of persons), the Bank of Russia shall be notified on any subsequent acquisition by the specified person (group of persons) of shares (shares) of the same credit institution.

5.2. The notification on acquisition more than one percent of shares (shares) of credit institution on appendix form 2 to this Instruction goes to territorial office of the Bank of Russia (authorized structural division of central office of the Bank of Russia) exercising supervision of its activities within thirty calendar days from the date of this acquisition (or to credit institution - in case of registration of the changes in the charter connected with increase in its authorized capital).

The notification stated above goes the acquirer (one of the acquirers entering group of persons - acquirers), the trustee or the authorized person. Powers of the authorized person shall be drawn up according to the requirements established by the Federal Laws.

5.3. Provisions of this Chapter are applied also in case of share acquisition (shares) of the credit institution having the license for banking operations (including share acquisition (shares) in the secondary market).

5.4. Procedure for receipt of prior consent or the subsequent consent of the Bank of Russia to acquisition and (or) obtaining in trust management more than 10 percent of shares (shares) of credit institution as a result of making of one or several transactions by one legal entity or physical person or group of persons, and also procedure for receipt of prior consent or the subsequent consent of the Bank of Russia to establishment by legal entity or physical person (group of persons) as a result of implementation of one or several transactions direct or indirect (through the third parties) control concerning shareholders (participants) of credit institution owning more than 10 percent of shares (share) of credit institution (in cases when receipt of such consent is provided by the Federal Laws) (further also - the consent of the Bank of Russia), it is determined by the regulation of the Bank of Russia establishing procedure for receipt of consent of the Bank of Russia to share acquisition (shares) of credit institution.

Chapter 6. Procedure for state registration of credit institution

6.1. Until submission to the Bank of Russia of the documents specified in Chapter 3 of this Instruction, the Bank of Russia for the purpose of check of observance by founders of credit institution of the requirements established by the Federal Laws including for the purpose of establishment of availability of identical names of other credit institutions in the Book of state registration of credit institutions establishes possibility of use by credit institution of the corporate names assumed complete corporate and reduced.

6.2. To the conclusion of the constitutive treaty (the agreement on creation) of credit institution founders of credit institution send to the Bank of Russia (Department of the admission and termination of activities of the financial organizations of the Bank of Russia) request about possibility of use by credit institution of the corporate names assumed complete corporate and reduced (in Russian).

6.3. The Bank of Russia within five working days after day of receipt of the request specified in Item 6.2 of this Instruction sends to founders of credit institution and to territorial office of the Bank of Russia on the expected location of credit institution the written message containing the conclusion about possibility of use of the corporate names of credit institution assumed complete corporate and reduced.

The specified message is valid within twelve months from the date of its direction.

6.4. For state registration of the credit institution created by organization and receipt of the license for banking operations founders send to territorial office of the Bank of Russia on the expected location of credit institution the documents specified in Chapter 3 of this Instruction.

6.5. The territorial office of the Bank of Russia issues to founders of credit institution the written confirmation of obtaining from them of the documents submitted for state registration of the credit institution created by organization and receipt of the license for banking operations.

6.6. The term of consideration of the documents specified in Item 6.5 of this Instruction territorial office of the Bank of Russia on the expected location of credit institution shall not exceed three months from the date of submission of these documents (except for case of organization of the non-bank credit institution having the right to implementation of money transfers without opening of bank accounts and the related other banking activities in case of which the term of consideration by territorial office of the Bank of Russia of the specified documents shall not exceed 45 calendar days from the date of submission of these documents).

The territorial office of the Bank of Russia on the expected location of the credit institution created by organization prepares or the conclusion about compliance of rooms for making of transactions with values to the requirements established by regulations of the Bank of Russia or the conclusion about submission of the documents provided by regulations of the Bank of Russia for case of insurance of cash a minimum of the amount of the minimum remaining balance of storage of cash and on their compliance to the established requirements (further - the conclusion about compliance of rooms for making of transactions with values to the requirements established by regulations of the Bank of Russia). For preparation of this conclusion the territorial office of the Bank of Russia has the right to perform check with exit of specialists into place. In case of the above-stated insurance of cash and coordination with insurance company, foreign insurance company of requirements to technical reinforcement of rooms for making of transactions with values by territorial office of the Bank of Russia when conducting check with exit of specialists into place control of the compliance of technical reinforcement of such rooms to requirements installed by application 1 to the Provision of the Bank of Russia No. 318-P is not performed.

If founder of credit institution is other credit institution, territorial office of the Bank of Russia on the expected location of the created credit institution requests information on financial position of credit organizatsiiuchreditel from territorial office of the Bank of Russia exercising supervision of its activities. The territorial office of the Bank of Russia exercising supervision of activities of credit organizatsiiuchreditel shall direct the conclusion including information on accomplishment by credit institution - the founder of mandatory reserve requirements of the Bank of Russia, no later than twenty calendar days from the moment of receipt of the specified request.

Consideration of question of compliance of candidates for positions of heads of credit institution, the chief accountant, deputy chief accountants of credit institution to requirements to qualification and the goodwill established by the Federal Law "About Banks and Banking Activity" is performed by territorial office of the Bank of Russia taking into account requirements of the regulation of the Bank of Russia determining evaluation procedure of compliance to qualification requirements and requirements to goodwill of persons specified in article 11.1 of the Federal law "About Banks and Banking Activity" and article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)".

Consideration of question of compliance of board members (supervisory board) of credit institution to requirements, the stipulated in Clause 16 Federal Laws "About Banks and Banking Activity", is performed by territorial office of the Bank of Russia taking into account requirements of the regulation of the Bank of Russia determining evaluation procedure of compliance to qualification requirements and requirements to goodwill of persons specified in article 11.1 of the Federal law "About Banks and Banking Activity" and article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)".

Consideration of question of compliance of persons specified in subitem 3.1.16 of Item 3.1 of this Instruction, to requirements, the stipulated in Clause 16 Federal Laws "About Banks and Banking Activity" is performed by territorial office of the Bank of Russia taking into account requirements of the regulation of the Bank of Russia determining evaluation procedure of compliance to qualification requirements and requirements to goodwill of persons specified in article 11.1 of the Federal law "About Banks and Banking Activity" and article 60 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)".

6.7. In the presence of notes according to the submitted documents (except for case,  stipulated in Item 6.9 these Instructions), lack of complete set of the documents specified in Chapter 3 of this Instruction, the territorial office of the Bank of Russia returns them to founders of credit institution with the written conclusion.

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