INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 30, 2012 No. 2904-U

About the bases for refusal in coordination of banking supervision of the Bank of Russia of the proposal of the receiver of credit institution by Committee which functions are performed by the "Deposit Insurance Agency" state corporation, about implementation of cession of property (assets) and obligations of credit institution or their part to the acquirer (acquirers) and in coordination of the acquirer (acquirers) of property (assets) and obligations of credit institution

According to article 50.33 of 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 Art. 6225; 2009, N 18, Art. 2153; N 29, of Art. 3632; 2011, N 7, Art. 905; N 27, of Art. 3873; N 50, of Art. 7351; 2012, N 31, the Art. 4333) the Bank of Russia establishes the bases for refusal in coordination of banking supervision of the Bank of Russia of the proposal of the receiver of credit institution by Committee which functions are performed by the "Deposit Insurance Agency" state corporation (further - the Agency), about implementation of cession of property (assets) and obligations of credit institution or their part to the acquirer (acquirers) and in coordination of the acquirer (acquirers) of property (assets) and obligations of credit institution.

1. The committee of banking supervision of the Bank of Russia no later than ten working days from the date of receipt of the offer of the Agency on implementation of cession of property (assets) and obligations of credit institution or their part to the acquirer (acquirers) (further - the offer of the Agency) makes the decision on refusal in coordination of the offer of the Agency on the following bases:

the documents submitted by the Agency allow to draw conclusion that in case of cession of property (assets) and obligations of credit institution or their part to the acquirer (acquirers) pro-rata rules and priorities of satisfaction of requirements of creditors can be not observed, equivalence of the size of the transferred obligations of cost of the transferred property (assets) of credit institution, protection of the rights and legitimate interests of creditors, minimization of their losses in case of realization of the right to have satisfaction of the legal requirements, equalities of creditors of one queue by them;

absence in the offer of the Agency of information on structure and property value (assets) and obligations of credit institution, results of assessment of the transferred property and assets of credit institution or their part and reasons for feasibility of cession of property (assets) and obligations of credit institution.

2. The committee of banking supervision of the Bank of Russia makes the decision on refusal in coordination of the acquirer (acquirers) - the credit institutions which directed the application for participation in selection of the acquirer (acquirers) for cession of property (assets) and obligations of credit institution or their part (further - the acquirer), on the following bases:

financial stability of the acquirer is recognized the Bank of Russia insufficient for execution of the received obligations, and also for accomplishment of obligatory standard rates and standard rates of the required reserves established by the Bank of Russia, after transfer to the acquirer of assets and liabilities taking into account assessment of the property transferred by the Agency and assets according to regulations of the Bank of Russia;

discrepancy of the acquirer to the criteria of 1 or 2 classification groups established by regulations of the Bank of Russia for assessment of economic situation of credit institution;

absence at the acquirer of the license for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons, issued by the Bank of Russia;

implementation by the acquirer of activities for attraction in deposits of money of physical persons less than three years;

application by the Bank of Russia concerning the acquirer of measures, stipulated in Item 4 parts two of article 74 of 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 Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, of Art. 3873; N 43, of the Art. 5973);

application by the Bank of Russia concerning the acquirer of corrective action in the form of restriction for attraction in deposits of money of physical persons, opening and maintaining bank accounts of physical persons;

availability of overdue monetary commitments before the Bank of Russia, including on the credits of the Bank of Russia and percent on them;

availability of nedovznos in required reserves, unpaid penalties for violation of standard rates of required reserves, unpresented calculation of the size of required reserves;

the period of delay of obligation fulfillment offered by the acquirer before the Agency as the creditor according to the obligations which passed to the Agency as a result of payment of insurance indemnity by it to investors of credit institution is more than period of delay offered by other acquirer (other acquirers) who directed the application for participation in selection.

3. No later than two working days from the date of acceptance by Committee of banking supervision of the Bank of Russia of the decision on coordination (refusal in coordination) offers of the Agency and the decision on coordination (refusal in coordination) the acquirer (acquirers) the Bank of Russia notifies the Agency on the made decision.

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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