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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 11, 2010 No. 325

About implementation of the rights of the Russian Federation provided by the Federal Law "About Use of Government Securities of the Russian Federation for Increase in Capitalization of Banks"

The government of the Russian Federation decides:

1. Approve the enclosed Regulations on appointment of the representative of the Russian Federation as a part of the board of directors (supervisory board) of bank and its powers on realization of the rights of the Russian Federation provided by the Federal Law "About Use of Government Securities of the Russian Federation for Increase in Capitalization of Banks" (further - the Federal Law).

2. Determine that the Ministry of Finance of the Russian Federation performs on behalf of the Russian Federation shareholder rights according to the preferred shares of banks placed according to the Federal Law, before date of alienation (converting in ordinary shares) the Russian Federation all preferred shares of bank owned by it placed within the procedure of increase in capitalization.

In case of converting by the Russian Federation of the preferred shares of bank owned by it placed within the procedure of increase in capitalization in ordinary shares of bank of shareholder right on these ordinary shares are performed by Federal Agency for State Property Management.

3. The Ministry of Finance of the Russian Federation for the purpose of realization of the rights of the Russian Federation according to the preferred shares of banks placed according to the Federal Law performs on behalf of the Russian Federation legal acts on protection of property and other rights and legitimate interests of the Russian Federation under management of the specified shares.

4. Determine that the Regulations on management of the shares of open joint stock companies which are in federal property and use of the special participation right of the Russian Federation in management ("golden share") of open joint stock companies approved by the Order of the Government of the Russian Federation of December 3, 2004 N 738, do not extend to cases of implementation of shareholder rights by the Russian Federation according to the preferred shares of banks placed according to the Federal Law.

5. Realization of the functions provided by paragraph one of Item 2 and Item 3 of this Resolution is performed by the Ministry of Finance of the Russian Federation within the number of employees of central office of the specified Ministry, and also budgetary appropriations provided to it in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

Realization of the functions provided by the paragraph the second Item 2 of this Resolution is performed by Federal Agency for State Property Management within the number of employees of central office of the specified Agency and its territorial authorities, and also budgetary appropriations provided to it in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

 

Prime Minister

Russian Federation V. Putin

Approved by the Order of the Government of the Russian Federation of May 11, 2010 No. 325

Regulations on appointment of the representative of the Russian Federation as a part of the board of directors (supervisory board) of bank and its powers on realization of the rights of the Russian Federation provided by the Federal Law "About Use of Government Securities of the Russian Federation for Increase in Capitalization of Banks"

1. This Provision determines procedure for appointment of the representative of the Russian Federation in structure of the board of directors (supervisory board) of bank on which the decision on satisfaction of the offer on participation of this bank in the procedure of increase in capitalization is made (further respectively - the representative of the Russian Federation, bank), and its powers by realization of the rights of the Russian Federation provided by the Federal Law "About Use of Government Securities of the Russian Federation for Increase in Capitalization of Banks".

2. The Ministry of Finance of the Russian Federation appoints the representative of the Russian Federation no later than 14 working days from the date of completion of placement of preferred shares of bank.

3. The government employee or the employee of the Central bank of the Russian Federation can be appointed the representative of the Russian Federation (in coordination with the Central bank of the Russian Federation):

a) not having within 2 years preceding their appointment, employment relationships with bank;

b) not being within 2 years preceding their appointment, board members (supervisory board) of bank. The specified requirement is not applied in case of appointment as the representative of the Russian Federation of person, the elected in accordance with the established procedure to the board of directors (supervisory board) of bank from among the candidates proposed by the shareholder - the Russian Federation to election in the board of directors (supervisory board) of bank;

c) the groups of persons which are not the shareholder and (or) the affiliate of bank, and also not constituting with bank, the stipulated in Clause 9 Federal Laws "About Protection of the Competition";

d) not having with bank contractual relations, except for the bank account agreement providing implementation of calculations for the transactions made with use of bank cards;

e) not having with any of shareholders of bank to which share more than 1 percent of shares, the family or related relations fall;

e) not having family or related relations with board members (supervisory board), sole executive body, his deputies, members of collegiate executive body, the chief accountant or deputy chief accountants and (or) with division managers of bank which activities are connected with banking operations.

4. The government employee or the employee of the Central bank of the Russian Federation, one of whom it is supposed to appoint the representative of the Russian Federation, in writing informs the Ministry of Finance of the Russian Federation on availability (about absence) circumstances, stipulated in Item 3 this provision, and also about other circumstances capable to cause conflict of interest or to otherwise interfere with proper implementation of activities by it as the representative of the Russian Federation.

5. The representative of the Russian Federation exercises the rights of the Russian Federation as shareholder - the preferred shareholder, stipulated in Item the 5th article 32 of the Federal law "About Joint-stock Companies", and also the right, stipulated in Item 2 parts 1 of article 8 of the Federal law "About Use of Government Securities of the Russian Federation for Increase in Capitalization of Banks".

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