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Ministry of Justice

Russian Federation

On June 19, 2015 No. 37748

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 24, 2015 No. 3646-U

About procedure for carrying out bureau of credit histories of check of observance by the user of credit history who is not among persons concerning whom the Bank of Russia exercises control (supervision), conditions of availability of soglasiya of subjects of credit stories on receipt of the credit report

(as amended on 31-03-2021)

This Instruction according to part 3.1 of article 10 of the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" (The Russian Federation Code, 2005, No. 1, Art. 44; No. 30, Art. 3121; 2007, No. 31, Art. 4011; 2011, No. 15, Art. 2038; No. 27, Art. 3880; No. 29, Art. 4291; No. 49, Art. 7067; 2013, No. 30, Art. 4084; No. 51, Art. 6683; 2014, No. 26, the Art. 3395) (further - the Federal Law "About Credit Stories") establishes procedure for carrying out bureau of credit histories of check of observance by the user of credit history who is not among persons concerning whom the Bank of Russia exercises control (supervision), conditions of availability of soglasiya of subjects of credit stories on receipt of the credit report.

Chapter 1. Procedure for conducting checks

1.1. Individual entrepreneurs and legal entities, except for credit institutions and persons listed in article 76.1 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" treat persons which are not among persons concerning whom the Bank of Russia exercises control (supervision) (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; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37).

1.2. The bureau of credit histories carries out verification of presence at the user of credit history who is not among persons concerning whom the Bank of Russia exercises control (supervision) (further for the purpose of this Instruction - the user of credit history), originals of soglasiya of subjects of credit stories on receipt of the credit report by users of credit history (further - consent) and their coincidence to the soglasiya of subjects of credit stories provided earlier by users of credit stories on receipt of the credit report by users of credit stories who went to bureau of credit histories along with request for receipt of the credit report (further - check).

Check is not performed if in case of request of bureau of credit histories of the credit report of the subject of credit history the user of credit history provided the original of consent.

It is performed at least, than once in three years and if by results of the previous check cases of lack of soglasiya were revealed, the following inspection is carried out in two years.

Subject of check is availability at the user of credit history of the soglasiya meeting the requirements of part 9 of article 6 of the Federal law "About Credit Stories", provided by appropriate subjects of credit stories. It is performed in the location of bureau of credit histories.

The paragraph the fifth ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 26.09.2019 No. 5266-U

Check of soglasiya at users of the credit stories which received only information part of credit history is not carried out.

1.3. When conducting check of bureau of credit histories requests from the user of credit history originals of soglasiya at least, than on twenty subjects of credit stories - both on legal, and on physical persons (in case of availability of requests from the user of credit history for receipt of the credit report less than on twenty subjects of credit stories, each consent is performed), with indication of the term of their submission to bureau of credit histories. The bureau of credit histories includes in data request, allowing to identify the subject of credit history: for physical persons - surname, name, middle name (in case of its availability), number and date of issue of the passport of the subject of credit history; for legal entities - the full and abbreviated name (in case of its availability) the legal entity, identification taxpayer number and the primary state registration number of the legal entity; for individual entrepreneurs - identification taxpayer number and the primary state registration number of record about state registration of the individual entrepreneur (PSRNSP) (further - identification data), with indication of date and time of request or other identifying request sign without appendix of the soglasiya which are earlier sent to bureau of credit histories along with request for receipt of the credit report.

The bureau of credit histories independently determines subjects of credit stories on whom originals of soglasiya are checked taking into account that shall be exposed to check the consent of subjects of credit stories on the requests performed by the user of credit history for various dates falling on the checked period - one year before start date of the current check.

The original of consent provided by the subject of credit history both electronically, and in writing shall be sent by the user of credit history to bureau of credit histories within three working days from the date of receipt by the user of credit history of request for provision of the original of consent from bureau of credit histories.

Not direction the user of credit history of the original of consent during the specified term is recognized lack of consent.

In case of discrepancy of the original of consent with available for bureau of credit histories, the bureau of credit histories sends inquiry to the user of credit story about provision of the explanation to ten-day time from the date of receipt of bureau of credit histories from the user of credit history of the original of consent. Non-presentation by the user of credit history of explanations in the specified time is recognized lack of consent.

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