PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 30, 2014 No. 442-P

About procedure for carrying out selection of auditing organizations for conducting checks of credit institutions (their branches) at the request of the Board of directors of the Bank of Russia

This Provision based on 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, the Art. 6154) and solutions of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of November 26, 2014 No. 35 establish procedure for carrying out selection of auditing organizations for conducting checks of credit institutions (their branches) at the request of the Board of directors of the Bank of Russia.

Chapter 1. General provisions

1.1. For the purpose of selection of auditing organizations to which the Board of directors of the Bank of Russia conducting checks of credit institutions (their branches) can be entrusted preliminary selection is made.

Carrying out preliminary selection is performed at least once in 36 months according to the decision made by the Chairman of the Bank of Russia (person, it replacing) or the First Deputy Chairman of the Bank of Russia supervising questions of supervision of credit institutions, banking groups.

1.2. In case of acceptance by the Board of directors of the Bank of Russia of the decision on conducting check of specific credit institution by auditing organization (its branch) selection of auditing organization to which the Board of directors of the Bank of Russia conducting this check, from among the auditing organizations which underwent preliminary selection will be entrusted is performed.

According to the decision made by the Board of directors of the Bank of Russia, selection of auditing organization can be performed by results of carrying out competitive selection or by results of carrying out the tactical analysis.

The tactical analysis can be carried out also according to the decision of the Chairman of the Bank of Russia (person, it replacing) along with preparation for consideration on the Board of directors of the Bank of Russia of materials about conducting check of specific credit institution by auditing organization (its branch).

1.3. The organizer of preliminary and competitive selections (the tactical analysis) is the Bank of Russia.

1.4. The payment for participation in preliminary and competitive selections (the tactical analysis) and for receipt of the documents (information) necessary for participation in preliminary and competitive selections (the tactical analysis) is not levied.

The Bank of Russia does not compensate the costs of auditing organizations connected with their participation in preliminary and competitive selections (the tactical analysis).

Auditing organizations do not compensate the costs of the Bank of Russia connected with the organization and carrying out preliminary and competitive selections (the tactical analysis).

1.5. The auditing organization has the right to refuse participation in preliminary selection and (or) competitive selection (the tactical analysis) at any time.

The auditing organization can send the message on refusal of participation in selection to the Bank of Russia the registered mail with the assurance of receipt or transfer through Management of forwarding of documents of Administrative department of the Bank of Russia.

1.6. Documents (their copy) and information represented by auditing organization to the Bank of Russia for participation in preliminary and competitive selections (the tactical analysis) shall be constituted in Russian, are signed (are certified by the signature) person performing functions of sole executive body of auditing organization (person, it replacing) (further - the head of auditing organization), and are certified by impress of a seal of auditing organization. Documents (their copy) and information characterizing condition of financial and economic activities of auditing organization and represented by it to the Bank of Russia for participation in preliminary and competitive selections (the tactical analysis) shall be in addition signed (are certified by the signature) the chief accountant of auditing organization (person, it replacing).

Documents (their copy) and information which originals are constituted completely or in part in foreign language are followed by the translation into Russian certified according to the procedure, established by the legislation of the Russian Federation.

The documents and information represented by auditing organization to the Bank of Russia for participation in preliminary and competitive selections (the tactical analysis) shall be valid for date of their representation.

Documents are submitted by auditing organization on letterheads. Document files (their copies) and information provided on paper and in electronic form shall be created by means of packet of the Microsoft Office application programs. Information provided in electronic form shall be identical to information provided on paper.

Documents (their copy) and information which amount exceeds one leaf shall be stitched, all pages shall be numbered.

Day of receipt of documents by the Bank of Russia (their copies) and information represented by auditing organization for participation in preliminary and competitive selections (the tactical analysis) is day of their registration in Management of forwarding of documents of Administrative department of the Bank of Russia.

1.7. The Bank of Russia has the right to reject the application for participation in preliminary selection, the application for participation in competitive selection (the tactical analysis) in case of not elimination by auditing organization of the revealed discrepancies of document creation (their copies) and information represented to the Bank of Russia for participation in preliminary and competitive selections (the tactical analysis), to requirements, stipulated in Item 1.6 this provision.

1.8. Information containing in the documents constituted by the Bank of Russia by results of preliminary selection, and also under the organization, carrying out and by results of competitive selection or the tactical analysis and having restrictive mark "For office use" or "Is confidential", is information of limited access determined as that and subject to protection in accordance with the legislation of the Russian Federation.

Chapter 2. Preliminary selection

2.1. The auditing organization created in accordance with the legislation of the Russian Federation has the right to take part in preliminary selection (further - the Russian auditing organization):

being the member of self-regulatory organization of auditors according to requirements of article 3 of the Federal Law of December 30, 2008 No. 307-FZ "About auditor activities" (The Russian Federation Code, 2009, No. 1, Art. 15; 2010, No. 27, Art. 3420; 2011, No. 1, Art. 12; No. 19, Art. 2716; No. 27, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728; 2013, No. 27, Art. 3477; No. 30, Art. 4084; No. 52, Art. 6961; 2014, No. 10, the Art. 954) (further - the Federal Law "About Auditor Activities");

having faultless goodwill;

having within five years preceding year of carrying out preliminary selection, experience of carrying out audit inspections of credit institutions which implementation is stipulated in Article 42 Federal Laws "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, of Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, 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, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 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. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, the Art. 6144, the Art. 6154) (further - the Federal Law "About Banks and Banking Activity");

not having within three years which were preceding year of carrying out preliminary selection, took legal effect of the judgments about satisfaction of the customer requirements to auditing organization (the auditors who are employees of auditing organization) connected with quality of auditor activities (auditor services);

not having within three years preceding year of carrying out preliminary selection, the application facts to auditing organization, the auditors who are employees of auditing organization, the measures of disciplinary impact provided by parts 1 and 6 of article 20 of the Federal law "About Auditor Activities" (except for timely and complete execution by auditing organization of decisions on application of the measures of disciplinary impact to it provided by Items 1 - 3 both 6 parts 1 and Items 1 and 2 of part 6 of article 20 of the Federal law "About Auditor Activities");

being the insurer of responsibility for violation of the agreement of rendering auditor services and (or) for property tort of other persons as a result of implementation of auditor activities;

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