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The document ceased to be valid since January 1, 2015 according to Item 1 of the Instruction of the Central bank of the Russian Federation of November 20, 2014 No. 3449-U

It is registered

Ministry of Justice

Russian Federation

On March 17, 2003 No. 4269

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 10, 2003 No. 215-P

About technique of determination of own means (capital) of credit institutions

(as amended on 25-10-2013)

This Provision is developed according to article 72 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, the Art. 2790) and establishes technique of determination of own means (capital) of credit institutions.

1. The size of own means (capital) of credit institutions according to this technique is determined as the amount of fixed capital and the supplementary capital, less the indicators listed in items 4 and the 5th this provision.

2. Fixed capital is determined as the amount of sources of own funds transferred in Item 2.1 of this provision less the indicators listed in Item 2.2 of this provision.

2.1. Join in structure of sources of own means taken into consideration of fixed capital of credit institution:

2.1.1. The authorized capital of credit institution in form of business of joint-stock company created as a result of release and placement of ordinary shares, the preferred shares issued 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) (the daleefederalny law of July 18, 2009 No. 181-FZ), and also the preferred shares of certain type conforming to requirements of the paragraph of third this subitem. The authorized capital of credit institution in form of business of joint-stock company is accepted in structure of sources of fixed capital regarding shares, the report on results of which release is registered by the Bank of Russia or the notification on results of which release is provided to the Bank of Russia for settlement date of own means (capital). The size of the authorized capital is determined proceeding from nominal value of issued shares in currency of the Russian Federation - rubles, but no more amount, actually arrived in payment of shares.

Increase in the authorized capital of credit institution for capitalization account (except for parts of the authorized capital of credit institution created for property increase in value capitalization account in case of the revaluation included in calculation of sources of the supplementary capital according to Item 3.6 of this provision) is taken into consideration of sources of fixed capital after registration by the Bank of Russia of the report on share issue results.

Preferred shares, the dividend size by which is not determined by the charter of credit institution and not belonging to cumulative, are included sources of fixed capital according to the procedure and on the conditions determined for ordinary shares in case when general shareholder meeting makes the decision on nonpayment of dividends to owners of the specified shares owing to what before owners of these shares the obligation of credit institution is not created.

The authorized capital of credit institution in form of business of joint-stock company joins in calculation of fixed capital based on data of balance sheet account 10207. Calculation of fixed capital does not join part of the remaining balance which is registered on the balance sheet account 10207, included in calculation of the supplementary capital according to Items 3.6 and 3.7 of this provision.

By reorganization of credit institution in form of business of limited liability company in credit institution in form of business of joint-stock company about day of registration by the Bank of Russia of the report on results of share issue of sources of fixed capital the size of the authorized capital created by payment by share by founders (participants) of credit institution, which is earlier included in calculation of fixed capital according to subitem 2.1.2 of Item 2 this provision is included.

2.1.1-2. The subordinated credit (the deposit, loan) conforming to requirements of subitem 3.5.1 of Item 3 this provision, provided for 30 years at least and at the same time at the same time meeting the following additional terms established in the contract of the subordinated credit (the deposit, loan) with additional terms in accordance with the legislation of the Russian Federation (further respectively - subordinated loan with additional terms, the contract of subordinated loan with additional terms):

about not compensation and not accumulating of unpaid interest (coupon) incomes due to the termination completely or partially obligations of credit institution - the borrower on payment of the amount of the added interest (coupon) incomes under the contract of subordinated loan with additional terms - in case of origin at credit institution - the borrower of the bases for implementation of the measures for the prevention of bankruptcy established by the Federal Law of February 25, 1999 N 40-FZ "About insolvency (bankruptcy) of credit institutions" (The Russian Federation Code, 1999, N 9, Art. 1097; 2001, N 26, Art. 2590; 2002, N 12, Art. 1093; 2004, N 31, Art. 3220; N 34, of Art. 3536; 2006, N 52, Art. 5497; 2007, N 1, Art. 10; N 49, of Art. 6064; 2008, N 30, Art. 3616; N 52, of the Art. 6225) determined in the documents called in Item 1 of Article 11 and in Item 1 of article 12 of the specified Federal Law;

about covering credit institution - the borrower of losses which consequence emergence of the bases specified in the paragraph the second this subitem at the expense of other sources of fixed capital is, and in the remained uncovered part - due to the termination completely or partially obligations of credit institution - the borrower on return of the amount of principal debt under the contract of subordinated loan with additional terms;

about possibility of early repayment of debt at the initiative of credit institution - the borrower not earlier than in 10 years from the date of inclusion of subordinated loan with additional terms in structure of sources of fixed capital of credit institution - the borrower including if at the same time there are conditions about possibility of interest rate increase in case of non-realization credit organizatsiyeyzayemshchik of early repayment of debt with establishment at the contract of subordinated loan with additional terms of parameters of review of interest rate in the amount of no more than 100 basis points or 50% of initial rate;

about the right of the Bank of Russia to suspend principal payment of debt and (or) percent on the contract of subordinated loan with additional terms if implementation of the next payments for benefit of creditors leads to emergence of the bases for implementation of the measures for the prevention of bankruptcy established by the Federal Law of February 25, 1999 N 40-FZ "About insolvency (bankruptcy) of credit institutions".

2.1.1-2.1. The possibility of the direction by the received credit institution - the borrower of profit before its distribution to recovery of the amount of the principal debt determined by the agreement before achievement of the initial level (nominal) from the date of elimination of the bases for implementation of measures for the prevention of bankruptcy of credit institution can be provided in the contract of subordinated loan with additional terms (taking into account the regulations of the legislation of the Russian Federation governing the relations connected with profit distribution).

2.1.1-2.2. Early repayment of debt under the contract of subordinated loan with additional terms at the initiative of credit institution - the borrower is performed according to the procedure, established by subitem 3.5.4 of Item 3 this provision for the subordinated credit (the deposit, loan).

2.1.1-2.3. The credit institution includes subordinated loan with additional terms in structure of sources of fixed capital next day after the date of receipt from territorial office of the Bank of Russia (in writing in any form) consent to inclusion of the raised money in structure of sources of fixed capital, but not earlier than the actual receipt of money of credit institution - to the borrower. Coordination with the Bank of Russia of possibility of inclusion of the raised money in structure of sources of fixed capital is performed according to the procedure, established by subitem 3.5.3 of Item 3 this provision for the subordinated credit (the deposit, loan).

2.1.1-2.4. The size of the subordinated loan with additional terms included in structure of sources of fixed capital cannot exceed 15% of the amount of the sources of fixed capital listed in subitems 2.1.1-2.1.11 of this Item less the indicators listed in subitem 2.2 of this Item.

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