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The document ceased to be valid since September 21, 2021 according to Item 1 of the Instruction of the Central bank of the Russian Federation of September 10, 2021 No. 5926-U

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 25, 2014 No. 149-I

About the organization of inspection activities of the Central bank of the Russian Federation (Bank of Russia)

(as amended on 30-10-2019)

This Instruction according to article 73 of 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, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, the Art. 4084) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), the Instruction of the Bank of Russia of December 5, 2013 No. 147-I "About procedure for conducting checks of credit institutions (their branches) by authorized representatives of the Central bank of the Russian Federation (Bank of Russia)", registered by the Ministry of Justice of the Russian Federation on February 21, 2014 No. 31391 ("the Bulletin of the Bank of Russia" of March 13, 2014 No. 23-24) (further - the Instruction of the Bank of Russia No. 147-I) and based on 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 January 24, 2014 No. 2) establish procedure for the organization of inspection activities of the Bank of Russia.

Chapter 1. General provisions

1.1. Action of this Instruction extends to activities of structural divisions of the Bank of Russia: structural divisions of central office of the Bank of Russia and territorial offices of the Bank of Russia, including head departments of the Bank of Russia and departments operating as a part of head departments of the Bank of Russia, departments - national banks (further in case of joint mentioning - territorial offices of the Bank of Russia), and also the bank clerks of Russia who are directly performing inspection activities of the Bank of Russia and participating in these activities.

1.2. Inspection activities of the Bank of Russia - component of bank regulation and banking supervision which includes direct (with exit to the place) conducting checks of credit institutions, including structural divisions of credit institutions (head offices of credit institutions, separate divisions of credit institutions (representations and branches of credit institutions) and internal structural divisions of credit institutions (their branches) (further in case of joint mentioning - credit institutions (their branches), and their organizational, information, methodical and other support.

Direct conducting checks of credit institutions (their branches) is performed by authorized representatives (employees) of the Bank of Russia (further - authorized representatives of the Bank of Russia), namely:

employees of inspection divisions of the Bank of Russia (The main inspection of the Bank of Russia (further - the Main inspection), including interregional inspections and (or) the interregional centers of inspection, and also being their part of inspectorates for subjects of the Russian Federation (further - regional inspections) or the centers of inspection which are located in subjects of the Russian Federation (further - the centers of inspection) (further in case of joint mentioning - inspection divisions of the Bank of Russia);

employees of other structural divisions of the Bank of Russia performing functions of control and (or) supervision: behind accomplishment of mandatory reserve requirements by credit institutions; behind observance by credit institutions (their branches) of the regulations of the Bank of Russia regulating procedure for provision by the Bank of Russia to credit institutions of the credits including regarding compliance of the assets included in structure of the assets accepted in providing the credits of the Bank of Russia and (or) which are in pledge on the credits of the Bank of Russia, criteria established by regulations of the Bank of Russia, and also correctness of their assessment by credit institution according to requirements of internal documents of credit institution according to financial position of borrowers and assessment of credit risk (further - compliance of assets); behind observance by credit institutions (their branches) of the foreign exchange legislation of the Russian Federation, and also the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, the Art. 5641) and the regulations of the Bank of Russia adopted according to it (further - the legislation of the Russian Federation on counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing); behind observance by credit institutions (their branches) of regulations of the Bank of Russia concerning cash circulation regarding observance of requirements to procedure for conducting cash transactions, to storage precautions, transportations and collections of currency of the Russian Federation in the form of banknotes and coin of the Bank of Russia (further - cash), including requirements to rooms for making of transactions with values, requirements to motor transport used in transit, collections of cash, and requirements to the calculating and sorting machines used by credit institutions (their branches) when processing the banknotes of the Bank of Russia intended for issue to clients (further - questions of cash circulation); for observance of payment systems by operators, operators of services of payment infrastructure, operators on money transfer, being credit institutions, requirements of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, Art. 3872; 2012, No. 53, Art. 7592; 2013, No. 27, the Art. 3477, No. 30, the Art. 4084) and the regulations of the Bank of Russia adopted according to it (further - the legislation of the Russian Federation on national payment system), including requirements to ensuring information security when implementing money transfers;

other bank clerks of Russia (according to the decision of the official of the Bank of Russia having rights to charge conducting check).

1.2.1. Territorial offices of the Bank of Russia perform the organization and conducting checks of credit institutions or participate in the organization and conducting checks of credit institutions (their branches) in the cases and procedure established by this Instruction, normative and other acts of the Bank of Russia including provided by subitems 1.3.1 and 1.3.4 of Item 1.3 of this Instruction.

1.2.2. Employees of the "Deposit Insurance Agency" state corporation can participate in conducting checks of banks (further - the Agency). Procedure for participation of employees of the Agency in checks of banks according to articles 27 and 32 of the Federal Law of December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation" (The Russian Federation Code, 2003, No. 52, Art. 5029; 2004, No. 34, Art. 3521; 2005, No. 1, Art. 23; No. 43, Art. 4351; 2006, No. 31, Art. 3449; 2007, No. 12, Art. 1350; 2008, No. 42, Art. 4699; No. 52, Art. 6225; 2009, No. 48, Art. 5731; 2011, No. 1, Art. 49; No. 27, Art. 3873; No. 29, Art. 4262; 2013, No. 19, the Art. 2308) (further - the Federal Law "About Deposit Insurance in Banks of the Russian Federation") is established by the Instruction of the Bank of Russia of January 13, 2005 No. 1542-U "About features of conducting checks of banks with the participation of employees of the "Deposit Insurance Agency" state corporation registered by the Ministry of Justice of the Russian Federation on January 28, 2005 No. 6285, on May 22, 2007 No. 9512, on September 14, 2009 No. 14758 ("the Bulletin of the Bank of Russia" of February 9, 2005 No. 7, of May 30, 2007 No. 32, of September 23, 2009 No. 56) (further - the Instruction of the Bank of Russia No. 1542-U).

1.2.3. Credit institutions (their branches) can be performed at the request of the Board of directors of the Bank of Russia by auditing organizations. The organization of conducting the specified checks is performed by the Main inspection according to the procedure, established by normative and other acts of the Bank of Russia.

1.2.4. During checks of credit institutions (their branches) (including complex, thematic, specialized checks) inspection of subject of pledge and acquaintance with activities of the borrower (pledger) can be performed. The organization of carrying out the specified survey of subject of pledge and acquaintance with activities of the borrower (pledger) is performed by the Main inspection according to the procedure and the cases established by normative and other acts of the Bank of Russia.

1.3. The organization of inspection activities of the Bank of Russia is performed by the Main inspection, including:

interregional inspections and the interregional centers of inspection which are headed by general inspectors of the Main inspection, deputy general inspectors of the Main inspection (further - general inspectors of the Main inspection);

regional inspections which are headed by heads of regional inspections, deputy managers of regional inspections (further - the head of regional inspection) and the centers of inspection which are headed by heads of the centers of inspection, deputy managers of the centers of inspection (further - the head of the center of inspection).

1.3.1. The Bank of Russia or the Main inspectorate (within the competence) publish the administrative documents determining features of the organization of the inspection activities of the Bank of Russia performed by inspection divisions of the Bank of Russia and structural divisions of the Bank of Russia (further - administrative documents of the Bank of Russia or Main inspection).

1.3.2. Functions and powers of deputy managers of the Main inspection, heads of inspection divisions of the Bank of Russia, including the general inspector of the Main inspection, the head of regional inspection, the head of the center of inspection, are established by this Instruction, normative and other acts of the Bank of Russia, including administrative documents of the Bank of Russia or Main inspection, and also regulations on the Main inspection, interregional inspections and regional inspections, the interregional centers of inspection and the centers of inspection.

1.3.3. The main inspectorate and other interested structural divisions of central office of the Bank of Russia for the purpose of ensuring unity of approaches to the organization and conducting checks of credit institutions (their branches), and also to accounting and the analysis of their results develop and (or) participate in development of methodical recommendations about the organization and conducting checks of credit institutions (their branches).

1.3.4. The main inspection develops and brings to territorial offices of the Bank of Russia of the recommendation about preparation of regulations of interaction of territorial offices of the Bank of Russia and interregional inspections or the interregional centers of inspection, including for territorial offices of the Bank of Russia on which location regional inspections or the centers of inspection (further - regulations of interaction), for accounting in case of development together with interregional inspections or the interregional centers of inspection of drafts of regulations of interaction are not created, and also determines the term of submission of drafts of regulations of interaction on approval to the head of the Main inspection.

In case of project development of regulations of interaction of head departments of the Bank of Russia and interregional inspections or interregional centers of inspection if necessary features of interaction for the departments operating as a part of head departments of the Bank of Russia, departments - national banks are determined (further - department, department - national bank of head department of the Bank of Russia).

1.3.5. Features of interaction of structural divisions of the Bank of Russia under the organization of inspection activities can be determined including the corresponding regulations of interaction developed by them (if necessary).

1.4. Authorized representatives of the Bank of Russia carry out three types of checks of credit institutions (their branches): complex, thematic and specialized.

Complex check - the inspection which is carried out on all main activities of credit institution for certain period of its activities.

Thematic check - the inspection which is carried out on separate activities or types of banking activities and other transactions which are performed by credit institution (its branch), for certain period of its activities.

Specialized check - the inspection which is carried out only on the following questions for certain period of activities of credit institution (its branch) namely: accomplishment of mandatory reserve requirements by credit institution; compliance of assets; cash circulation; implementation by authorized bank (its branch) of separate types of banking activities with the bank notes in the form of banknotes, treasury notes, coin which are in circulation and being legal means of cash payment in the territory of the corresponding foreign state (group of foreign states) and also with the specified bank notes withdrawn or withdrawn from circulation but which are subject to exchange (further - cash foreign currency), and transactions with checks (including travel checks) which nominal value is specified in foreign currency, with participation of physical persons (further - transactions with cash foreign currency and checks) in internal structural divisions of authorized bank (its branch).

1.5. Depending on the location of the structural divisions of credit institution checked during one check, checks of credit institutions (their branches) are subdivided into two types: regional and interregional.

1.5.1. Regional check - check of the structural divisions of credit institution located in the territory of one or several subjects of the Russian Federation, inspection activities of the Bank of Russia in which are performed by the same regional inspection or the center of inspection or the interregional inspection performing functions of regional inspection (in case of its absence), or the interregional center of inspection performing functions of the center of inspection (in case of its absence).

If necessary the branch of credit institution or representative office of credit institution or internal structural division of credit institution (its branch) out of the location of credit institution (its branch) can be performed (further - check of structural division of credit institution).

1.5.2. Interregional check - check of the structural divisions of credit institution located in the territory of different subjects of the Russian Federation.

Also district check - check of the structural divisions of credit institution located in the territory of different subjects of the Russian Federation, inspection activities of the Bank of Russia in which are performed by the same interregional inspection or the interregional center of inspection, belongs to interregional checks.

1.6. The credit institution (its branch) is performed in time, estimated from start date of check before date of completion of check (inclusive) according to Item 1.7 of the Instruction of the Bank of Russia No. 147-I and established by the official of the Bank of Russia who signed the order on conducting check or other official of the Bank of Russia determined by the order on conducting check (further - the official of the Bank of Russia who charged conducting check).

Complex inspection of credit institution is carried out till 60 working days.

Thematic inspection of credit institution (its branch) is carried out till 35 working days (up to 45 working days in case of conducting checks of systemically significant credit institution and (or) other credit institution, supervision of which activities is exercised by Department of supervision of systemically significant credit institutions of the Bank of Russia (further in case of joint mentioning - systemically significant credit institution), and credit institution - the member of banking group which parent credit institution is systemically the significant credit institution).

Specialized inspection of credit institution (its branch) is carried out till 20 working days.

If necessary the term of conducting check of credit institution (its branch) can be prolonged according to the decision of the official of the Bank of Russia which charged conducting check with increase in aggregate term of conducting check no more than to:

200 working days - for complex check;

80 working days - for thematic check (180 working days in case of conducting checks of systemically significant credit institution and credit institution - the member of banking group which parent credit institution is systemically the significant credit institution);

25 working days - for specialized check.

In time conducting check the period for which it can be suspended on the bases, stipulated in Item 5.6 Instructions of the Bank of Russia No. 147-I does not join.

1.7. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 30.10.2019 No. 5303-U

1.7.1. Credit institutions (their branches) are performed on planned and unplanned basis.

Forming of the plan of checks (further - the Plan) including including checks of credit institutions (their branches), introduction in it of changes, and also initiation of unscheduled and repeated inspections of credit institutions (their branches) on the same questions for the same accounting period of their activities (further - repeated check) is performed according to the administrative act of the Bank of Russia.

1.8. Information on questions of the organization and conducting checks of credit institutions (their branches) belongs to information of limited access and is subject to processing, accounting and storage according to the procedure, established by the legislation of the Russian Federation and regulations of the Bank of Russia.

1.8.1. Authorized representatives of the Bank of Russia shall observe the requirements established by the legislation of the Russian Federation and regulations of the Bank of Russia regarding processing, accounting and storage of information carried to information of limited access when using during check of technical means (including computers, organizational technology, the telecommunication equipment, electronic media of information and other technical means).

1.8.2. The direction of information connected with the organization of inspection activities of the Bank of Russia concerning credit institutions (their branches) (including the organization, carrying out and registration of results of checks of credit institutions (their branches), it is performed with observance of requirements for ensuring information security of electronic technologies of transfer, processing and storage in system of the Bank of Russia of information of limited access according to the procedure, established by normative and other acts of the Bank of Russia (further - in accordance with the established procedure).

1.8.3. Forming and the direction of the documents constituted during the organization, carrying out and registration of results of checks of credit institutions (their branches) is performed electronically, except for documents, forming and which direction according to this Instruction or other regulations of the Bank of Russia is provided on paper, according to the procedure and the terms determined by the normative and other acts of the Bank of Russia regulating questions of documentary ensuring management and use of technologies of electronic document management in organizations of system of the Bank of Russia, administrative documents of the Bank of Russia or Main inspection.

1.9. The organization of internal control in the Main inspection is performed according to the Provision of the Bank of Russia of January 20, 2009 No. 333-P "About internal control in the Central bank of the Russian Federation", normative and other acts of the Bank of Russia, administrative and other documents of the Main inspection.

Chapter 2.

No. 5303-U voided according to the Instruction of the Central bank of the Russian Federation of 30.10.2019

Chapter 3.

No. 5303-U voided according to the Instruction of the Central bank of the Russian Federation of 30.10.2019

Chapter 4.

No. 5303-U voided according to the Instruction of the Central bank of the Russian Federation of 30.10.2019

Chapter 5.

No. 5303-U voided according to the Instruction of the Central bank of the Russian Federation of 30.10.2019

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