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INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 1, 2014 No. 156-I

About the organization of inspection activities of the Bank of Russia concerning not credit financial credit institutions, self-regulatory organizations of not credit financial credit institutions and not being credit institutions of operators of payment systems, operators of services of payment infrastructure

(as amended on 30-10-2019)

This Instruction based on article 76.5 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, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 19, 2017) (further - the Federal Law of July 10, 2002 No. 86-FZ), parts 7 of article 33 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, Art. 3477; No. 30, Art. 4084; No. 52, Art. 6968; 2014, No. 19, Art. 2315, Art. 2317; No. 43, Art. 5803; 2015, No. 1, Art. 8, Art. 14; 2016, No. 27, Art. 4221, Art. 4223; 2017, No. 15, Art. 2134; No. 18, Art. 2665; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 19, 2017) (further - the Federal Law of June 27, 2011 No. 161-FZ), other Federal Laws, the Instruction of the Bank of Russia of April 24, 2014 No. 151-I "About procedure for conducting checks of activities of not credit financial credit institutions and self-regulatory organizations of not credit financial credit institutions 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 July 11, 2014 No. 33058, on July 21, 2015 No. 38111, on August 4, 2016 No. 43118, on June 14, 2017 No. 47032 (further - the Instruction of the Bank of Russia No. 151-I), and other regulations of the Bank of Russia establishes procedure for the organization of inspection activities of the Bank of Russia concerning not credit financial credit institutions, self-regulatory organizations of the not credit financial credit institutions (further - self-regulatory organizations) which are not credit institutions of operators of payment systems (further - operators of payment systems) and not being credit institutions of operators of services of payment infrastructure (further - operators of services of payment infrastructure) (further in case of joint mentioning - operators).

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 acting including as a part of head departments of the Bank of Russia of department, department - national banks (except for Departments 1 and 3 of Head department of the Central bank of the Russian Federation across Central Federal District Moscow) (further - territorial offices of the Bank of Russia, except for direct mentioning of head departments of the Bank of Russia and acting including as a part of head departments of the Bank of Russia of departments, departments - national banks), and also the bank clerks of Russia who are directly performing inspection activities of the Bank of Russia concerning not credit financial credit institutions, self-regulatory organizations operators and their structural divisions (further in case of joint mentioning - persons under surveillance of the organization) and participating in inspection activities of the Bank of Russia concerning persons under surveillance of the organizations.

The head offices of the subsupervising organization, branches of the subsupervising organization, representative office of the subsupervising organization and internal structural divisions of not credit financial credit institution (its branch) created in accordance with the legislation of the Russian Federation or the operator (its branch) irrespective of the location of not credit financial credit institution (its branch) or the operator (its branch) treat structural divisions of the subsupervising organization.

Inspection activities of the Bank of Russia concerning persons under surveillance of the organizations are performed taking into account possibility of application of specific requirements of the legislation of the Russian Federation and regulations of the Bank of Russia to certain subsupervising organization.

1.2. Inspection activities of the Bank of Russia concerning persons under surveillance of the organizations which include conducting exit checks of activities of not credit financial credit institutions (further - check of not credit financial credit institution) of exit checks of activities of self-regulatory organizations (further - check of self-regulatory organization) and exit inspection checks of operators (further - check of the operator), their organizational, information, methodical and other support, are component of regulation, control and supervision in the sphere of the financial markets of not credit financial credit institutions, self-regulatory organizations and (or) the sphere of their activities and supervision in national payment system.

Direct conducting checks of not credit financial credit institutions, checks of self-regulatory organizations (further in case of joint mentioning - check of not credit financial credit institution, self-regulatory organization) and checks of operators (further in case of joint mentioning - check of the subsupervising organization) 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 the structural divisions of the Main inspection headed by general inspectors of the Main inspection (further - the interregional centers of inspection), and the structural divisions which are their part (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: regulations, control and supervision in the sphere of the financial markets of not credit financial credit institutions, self-regulatory organizations and (or) the sphere of their activities; control and (or) supervision of observance of the Federal Law by the not credit financial credit institutions 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, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, the Art. 4214) and the regulations of the Bank of Russia adopted according to it (further - the legislation of the Russian Federation in the sphere of POD/FT), behind observance of requirements of the Federal Law by operators of June 27, 2011 No. 161-FZ, regulations of the Bank of Russia adopted according to it, including requirements to ensuring information security;

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 participate in the organization and conducting checks of persons under surveillance of the organizations (further also - check) (according to competence) in the cases and procedure established by this Instruction, normative and other acts of the Bank of Russia including provided by subitem 1.3.1 of Item 1.3 of this Instruction.

1.2.2. In conducting checks of the non-state pension funds performing activities for mandatory pension insurance, registered in system of guaranteeing the rights of insured persons (further - participating fund), employees of the "Deposit Insurance Agency" state corporation can participate (further - the Agency). The procedure for participation of employees of the Agency in checks of participating funds according to Item 1 of part 4 of Article 9 and part 4 of article 11 of the Federal Law of December 28, 2013 No. 422-FZ "About guaranteeing the rights of insured persons in system of mandatory pension insurance of the Russian Federation during the forming and investment of means of pension accruals, establishment and implementation of payments at the expense of means of pension accruals" (The Russian Federation Code, 2013, No. 52, the Art. 6987, of 2014, No. 30, the Art. 4219) (further - the Federal Law of December 28, 2013 No. 422-FZ) is established by the Instruction of the Bank of Russia No. 151-I, the Instruction of the Bank of Russia of December 28, 2014 No. 3512-U "About features of conducting checks of non-state pension funds with participation of employees of the "Deposit Insurance Agency" state corporation, the registered Ministry of Justice of the Russian Federation on February 25, 2015 No. 36202, on December 8, 2015 No. 40021, on July 6, 2018 No. 51551 (further - the Instruction of the Bank of Russia No. 3512-U), and other regulations of the Bank of Russia.

1.2.3. Not credit financial credit institutions can be performed at the request of the Bank of Russia by auditing organizations and actuaries, and also at the request of Committee of financial supervision of the Bank of Russia by self-regulatory organizations. The procedure for conducting checks of not credit financial credit institutions by auditing organizations at the request of the Bank of Russia is determined by the Provision of the Bank of Russia of August 7, 2014 No. 427-P "About procedure for conducting checks of activities of not credit financial credit institutions by auditing organizations at the request of the Bank of Russia", the registered Ministry of Justice of the Russian Federation on August 25, 2014 No. 33833, on March 22, 2016 No. 41500.

1.3. The organization of inspection activities of the Bank of Russia concerning persons under surveillance of the organizations is performed by the Main inspection, including:

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, except for direct mentioning in this Instruction of the general inspector of the interregional center of inspection);

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 regional 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 concerning persons under surveillance of the organizations 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 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, the interregional centers of inspection and the centers of inspection.

1.3.3. The main inspectorate and other interested structural divisions of the Bank of Russia for the purpose of ensuring unity of approaches to the organization and conducting checks of persons under surveillance of the organizations, and also to accounting and the analysis of their results develop and (or) participate in development (including for the purpose of standardization of inspection activities of the Bank of Russia) methodical recommendations about the organization and conducting checks of persons under surveillance of the organizations and other documents about the questions which are within their competence.

Methodical recommendations about the organization and conducting checks of operators concerning observance of requirements of the Federal Law of June 27, 2011 No. 161-FZ, regulations of the Bank of Russia adopted according to it, except for requirements to ensuring information security, develops Department of national payment system of the Bank of Russia.

Methodical recommendations about the organization and conducting checks of operators concerning observance of requirements to ensuring information security are developed by Head department of safety and information security of the Bank of Russia.

Methodical recommendations about the organization and conducting checks of not credit financial credit institutions concerning observance of requirements of the legislation of the Russian Federation in the sphere of POD/FT are developed by Department of financial monitoring and currency exchange control of the Bank of Russia.

1.3.4. Features of interaction of the structural divisions of the Bank of Russia performing functions of regulation, control and supervision in the sphere of the financial markets of not credit financial credit institutions, self-regulatory organizations and (or) the sphere of their activities and supervision in national payment system with other interested 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 persons under surveillance of the organizations: complex, thematic and specialized.

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

Thematic check - the inspection which is carried out on separate activities or transaction types and transactions which are performed by the subsupervising organization, for certain period of its activities.

Specialized check - the inspection which is carried out only concerning observance by the microfinancial organization, credit consumer cooperative, agricultural credit consumer cooperative, pawnshop (further - certain participants of the market of microfinancing), legislations of the Russian Federation and regulations of the Bank of Russia in the sphere of professional activity on provision of consumer loans, for certain period of activities of the relevant not credit financial credit institution.

1.5. Depending on the location of the structural divisions of the subsupervising organization checked during one check, checks of persons under surveillance of the organizations are subdivided into two types: regional and interregional.

1.5.1. Regional check - check of the structural divisions of the subsupervising organization 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 center of inspection or the interregional center of inspection performing functions of the center of inspection (in case of its absence).

If necessary the branch of the subsupervising organization, representative office of the subsupervising organization, internal structural division of not credit financial credit institution (its branch) out of the location of not credit financial credit institution (its branch) or internal structural division of the operator (its branch) out of the location of the operator (its branch) can be performed (further - check of structural division of the subsupervising organization).

1.5.2. Interregional check - check of the structural divisions under the supervising organization located in the territory of different subjects of the Russian Federation.

Also district check - check of the structural divisions of the subsupervising organization 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 center of inspection, belongs to interregional checks.

1.6. The subsupervising organization is performed in time, estimated from start date of check before date of completion of check (inclusive) in compliance including with Item 1.7 of the Instruction of the Bank of Russia No. 151-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), taking into account requirements of the legislation of the Russian Federation, including article 183.2 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, Art. 7024, Art. 7040, Art. 7061, Art. 7068; No. 50, Art. 7351, Art. 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, Art. 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, Art. 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, Art. 6984; Art. 2014, №11, 1095, Art. 1098, No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, Art. 11, Art. 29, Art. 35; No. 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4355, Art. 4362; 2016, No. 1, Art. 11, Art. 27; No. 23, Art. 3296; No. 27, Art. 4225, Art. 4237, Art. 4293, Art. 4305; 2017, No. 1, Art. 29; No. 18, Art. 2661; No. 25, Art. 3596; No. 31, Art. 4761, Art. 4767, Art. 4815, Art. 4830; No. 48, Art. 7052; 2018, No. 1, Art. 54; No. 11, Art. 1588; No. 18, Art. 2557, Art. 2563, Art. 2576; No. 28, the Art. 4139) (further - the Federal Law of October 26, 2002 No. 127-FZ), and (or) regulations of the Bank of Russia, including the Instruction of the Bank of Russia of December 28, 2014 No. 3515-U "About procedure the Bank of Russia of control of execution of the plan of recovery of solvency of credit consumer cooperative", No. 35798 registered by the Ministry of Justice of the Russian Federation on January 30, 2015 (further - the Instruction of the Bank of Russia No. 3515-U), Instructions of the Bank of Russia of June 24, 2015 No. 3690-U "About procedure the Bank of Russia of control of execution of the plan of recovery of solvency of the microfinancial organization", No. 39935 registered by the Ministry of Justice of the Russian Federation on December 2, 2015 (further - the Instruction of the Bank of Russia No. 3690-U), Instructions of the Bank of Russia of January 23, 2018 No. 4695-U "About procedure the Bank of Russia of control of execution of the plan of recovery of solvency of insurance company and about cases of adoption by the Bank of Russia of the decision on conducting exit check of activities of insurance company for analysis results of the plan of recovery of solvency", No. 50799 registered by the Ministry of Justice of the Russian Federation on April 17, 2018 (further - the Instruction of the Bank of Russia No. 4695-U).

Complex inspection of the subsupervising organization is carried out till 60 working days.

Thematic inspection of the subsupervising organization is carried out till 35 working days.

Specialized inspection of the certain participant of the market of microfinancing is carried out till 20 working days.

If necessary the term of conducting check of the subsupervising organization 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:

105 working days - for complex check;

80 working days - for thematic check;

25 working days - for specialized check.

The term of complex check of the operator, thematic check of the operator established according to paragraphs the second, sixth and seventh this Item cannot exceed three months.

In time conducting check the period for which it can be suspended on the bases provided including Item 5.6 of the Instruction of the Bank of Russia No. 151-I does not join.

1.6.1. Persons under surveillance of the organizations are performed on planned and unplanned basis.

Forming of the plan of checks of persons under surveillance of persons (further - the Plan), introduction in it of changes, and also initiation of unscheduled inspections are performed according to the administrative act of the Bank of Russia.

1.7. Information on questions of the organization, carrying out and registration of results of checks of persons under surveillance of the organizations 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 normative the act mi the Bank of Russia.

1.7.1. 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).

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