FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 2, 2013 No. 146-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on June 11, 2013

Approved by the Federation Council on June 26, 2013

Article 1

Bring in 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. 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, 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 45; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 50, Art. 6238; 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. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 50, Art. 6954; No. 53, Art. 7605, 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, 2329) following changes:

Article 4 to state 1) in the following edition:

"Article 4. Banking group and bank holding

For the purpose of this Federal Law banking group consolidation of legal entities in which one legal entity or several legal entities (further - members of banking group) are under control or considerable influence of one credit institution (further - parent credit institution of banking group) is recognized not being the legal entity.

For the purpose of this Federal Law bank holding the consolidation of legal entities (further - members of bank holding) including at least one credit institution which is under control of one legal entity, not being credit institution (further - parent organization of bank holding), and also (is recognized not being the legal entity in case of their availability) others (not being credit institutions) the legal entities who are under control or considerable influence of parent organization of bank holding or entering into banking groups of credit institutions - members of bank holding provided that the share of banking activity determined on the basis of technique of the Bank of Russia in activities of bank holding constitutes at least 40 percent. The share of banking activity in activities of bank holding is determined as the relation of size of assets and (or) the income of credit institutions - members of bank holding, the determined on the basis of the technique established by the Bank of Russia and cumulative size of assets and (or) the income of bank holding determined taking into account assets and (or) the income based on accounting (financial) records of these legal entities.

Control and considerable influence for determination of members of banking group (bank holding) and creation of the reporting established by this Federal Law are determined according to the International accounting standards (further - IFRS) recognized in the territory of the Russian Federation.

The parent organization of bank holding for the organization of management of activities of members of bank holding and control of the specified activities has the right to create managing company of bank holding and to assign to it fulfillment of duties which according to this Federal Law are assigned to parent organization of bank holding. Managing company of bank holding for the purpose of this Federal Law economic society which main activities are the organization of management of activities of members of bank holding and control of the specified activities is recognized. The parent organization of bank holding shall have opportunity to determine decisions of managing company of bank holding by the questions carried to competence of meeting of her founders (participants), including concerning its reorganization and liquidation. The managing company of bank holding has no right to be engaged in insurance, banking, productive and trading activity, and also to perform professional activity in the security market, activities for management of investment funds, mutual investment funds and non-state pension funds.

The parent credit institution of banking group, parent organization of bank holding notify the Bank of Russia on formation of banking group, bank holding, on creation of managing company of bank holding and the powers conferred to it. The procedure for such notification is established by the Bank of Russia.

In case of identification by the Bank of Russia during implementation of supervision of activities of credit institutions of signs of participation of credit or other institutions in Bank of Russia banking group sends to parent credit institution of banking group the requirement about execution of the provisions established by this Federal Law by it. In case of identification by the Bank of Russia during implementation of supervision of activities of credit institutions of signs of their participation in bank holding Bank of Russia notifies parent organization of bank holding on non-execution of requirements of this Federal Law by it. The parent organization of bank holding in time, not exceeding 30 calendar days from the date of receipt of the notification of the Bank of Russia, notifies the Bank of Russia on formation of bank holding or sends information on the reasons of such non-notification to the Bank of Russia.

In case of non-execution by parent organization of bank holding of requirements of this Federal Law and the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" the Bank of Russia in the procedure established by it has the right to limit carrying out by credit institution - the member of bank holding of transactions with parent organization of bank holding, members of bank holding for a period of up to six months or to impose ban on implementation by credit institution - the member of bank holding of the separate banking activities provided by the license for banking operations granted by it with parent organization of bank holding, members of bank holding for a period of up to one year.";

Article 8 to state 2) in the following edition:

"Article 8. Disclosure of information on activities of credit institution, banking group and bank holding

The credit institution shall open in forms, according to the procedure and terms which are established by the Bank of Russia, the following information on the activities:

1) annually - annual accounting (financial) accounts and audit opinion on it, information on the accepted risks, procedures of their assessment, risk management and the capital;

2) quarterly - intermediate accounting (financial) records, information on the accepted risks, procedures of their assessment, risk management and the capital. If it was performed intermediate accounting (financial) records, the specified reporting reveals together with audit opinion of auditing organization.

The credit institution shall provide upon the demand of physical person or the legal entity to it the copy of the license for banking operations, copies of other permissions (licenses) issued to it if need of receipt of the specified documents is provided by the Federal Laws, and also balance sheets for the current year.

In delusion by failure to provide information or by provision of unreliable or incomplete information the credit institution bears responsibility according to this Federal Law and other Federal Laws for introduction of physical person or legal entity.

The parent credit institution of banking group opens:

1) annually - annual consolidated financial statements and audit opinion on it, information on the accepted risks, procedures of their assessment, risk management and the capital;

2) once in half a year - intermediate consolidated financial statements, information on the accepted risks, procedures of their assessment, risk management and the capital. If the intermediate consolidated financial statements were performed, the specified reporting reveals together with audit opinion of auditing organization.

Forms, procedure and terms of disclosure by parent credit institution of banking group of information on the accepted risks, procedures of their assessment, risk managements and the capital are determined by the Bank of Russia. The procedure and terms of disclosure by parent credit institution of banking group of consolidated financial statements and audit opinion are determined by it by the Bank of Russia.

The parent organization of bank holding shall open annually consolidated financial statements and audit opinion on it. The procedure and terms of disclosure by parent organization of bank holding of consolidated financial statements and audit opinion are determined by it by the Bank of Russia.

The credit institution having the license of the Bank of Russia for attraction in deposits of money of physical persons shall open information on interest rates for bank deposit agreements with physical persons (in general on credit institution without disclosure of information on certain physical persons) and information on debt of credit institution on household deposits. The procedure for disclosure of such information is established by the Bank of Russia.";

3) in Article 11:

a) in part eight of figure "20" to replace with figures "10";

b) add with new part nine of the following content:

"Receipt of prior consent of the Bank of Russia according to the procedure, established by this Article, is required also in case of acquisition:

1) more than 10 percent of shares, but no more than 25 percent of shares of credit institution;

2) more than 10 percent of shares, but no more than one third of shares of credit institution;

3) more than 25 percent of shares of credit institution, but no more than 50 percent of shares;

4) more than one third of shares of credit institution, but no more than 50 percent of shares;

5) more than 50 percent of shares of credit institution, but no more than 75 percent of shares;

6) more than 50 percent of shares of credit institution, but no more than two thirds of shares;

7) more than 75 percent of shares of credit institution;

8) more than two thirds of shares of credit institution.";

c) the ninth to consider part part ten and in it to replace figures "20" with figures "10";

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