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Ministry of Justice

Russian Federation

On January 30, 2015 No. 35798

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 28, 2014 No. 3515-U

About procedure Bank of Russia of control of execution of the plan of recovery of solvency of credit consumer cooperative

(as amended of the Instruction of the Central bank of the Russian Federation of 29.05.2020 No. 5469-U)

This Instruction based on articles 183.1 and 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. 6979, Art. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 49, Art. 6914; "The official Internet portal of legal information" (www.pravo.gov.ru), on December 23, 2014) (further - the Federal Law "About Insolvency (Bankruptcy)"), the Federal Law of July 18, 2009 No. 190-FZ "About credit cooperation" (The Russian Federation Code, 2009, No. 29, Art. 3627; 2011, No. 48, Art. 6728; No. 49, Art. 7040; 2013, No. 23, Art. 2871; No. 30, Art. 4084; No. 44, Art. 5640; No. 51, the Art. 6683, the Art. 6695), 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. 45, Art. 6154; "The official Internet portal of legal information" (www.pravo.gov.ru), on December 23, 2014) establishes procedure the Bank of Russia of control of execution of the plan of recovery of solvency of credit consumer cooperative (further - credit cooperative), cases of conducting exit check.

Chapter 1. Control of execution of the plan of recovery of solvency of credit cooperative

1.1. The Bank of Russia exercises control of execution of the plan of recovery of solvency by credit cooperative in part:

proper execution of such plan by credit cooperative, including observance of the terms of application of measures for the prevention of bankruptcy provided by the plan of recovery of solvency of credit cooperative;

goal achievements of recovery of solvency of credit cooperative and improvement of financial condition of credit cooperative;

compliance of the achieved indicators of activities of credit cooperative to the forecast of the expected results specified in respect of recovery of solvency of credit cooperative.

1.2. Control of execution of the plan of recovery of solvency of credit cooperative is exercised by the Bank of Russia one of the following methods: by the analysis within remote supervision of reports on accomplishment of the measures for the prevention of bankruptcy provided by the plan of recovery of solvency; by appointment of temporary administration for implementation of the plan of recovery of solvency or control of its realization, and also control of activities of temporary administration.

1.3. The plan of recovery of solvency of credit cooperative with application of documents, confirming reality of its execution, is submitted in the Bank of Russia in duplicate. All sheets of each copy of the plan of recovery of solvency of credit cooperative, including appendices, shall be numbered, stitched, certified by the signature of person performing functions of sole executive body of credit cooperative and are under seal credit cooperative.

1.4. Treat the documents specified in Item 1.3 of this Instruction including:

decisions (statements from decisions) bodies of credit cooperative;

the verified copy of the protocol of body of credit cooperative with the decision on change of organizational structure of credit cooperative;

the documents confirming the decision of body of credit cooperative on expense reduction of credit cooperative, reduction of the staff of workers;

verified copy of the protocol of body of credit cooperative on the termination of activities of separate divisions of credit cooperative;

copies of the documents confirming the decision of body of credit cooperative on reorganization of credit cooperative;

the protocols and (or) other documents confirming intention of members of credit cooperative (unitholders) to bring additional and voluntary shares for the purpose of implementation of measures for financial improvement;

agreements, contracts, certificates on the property right and other documents of title;

the copies of balance sheets certified in accordance with the established procedure (with mark of tax authority about their acceptance) on two reporting dates preceding date of scheduling of recovery of solvency of credit cooperative and calculation of their net assets;

accounting (financial) records of credit cooperative on the last reporting date;

the administrative act of assignment of responsibility on employees of credit cooperative for accomplishment of specific measures in full and at the scheduled time;

copies of the documents reflecting structure of expenses of credit cooperative, the number of employees of credit cooperative;

the copies of insurance contracts of risk of responsibility of credit cooperative for agreement breach certified in accordance with the established procedure based on which money of members of credit cooperative (unitholders) is raised.

1.5. In case of the discrepancy of the plan of recovery of solvency of credit cooperative and (or) documents specified in Item 1.4 of this Instruction to the legislation of the Russian Federation and (or) non-presentation of the specified documents the Bank of Russia informs on it credit cooperative by sending an inquiry no later than three working days from the date of submission of such plan.

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