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Ministry of Justice

Russian Federation

On October 9, 2015 No. 39271

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 17, 2015 No. 3801-U

About recognition of financial position of bank to the corresponding criteria for payment of the raised additional rate of insurance premiums

(as amended on 27-04-2020)

This Instruction 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, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, the Art. 4348) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), article 36 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; 2011, No. 1, Art. 49; No. 27, Art. 3873; No. 29, Art. 4262; No. 49, Art. 7059; 2013, No. 19, Art. 2308; No. 27, Art. 3438; No. 49, Art. 6336; No. 52, Art. 6975; 2014, No. 14, Art. 1533; No. 30, Art. 4219; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 14; No. 27, Art. 3958; No. 29, the Art. 4355) and according to 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 September 11, 2015 No. 26) establish procedure for recognition of financial position of bank to the corresponding criteria for payment of the raised additional rate of insurance premiums, including structure and method of calculation of the indicators used for assessment of financial position.

Chapter 1. General provisions

1.1. Assessment of financial position of bank for the purpose of recognition to its corresponding criteria for payment of the raised additional rate of insurance premiums (further - assessment of financial position) is performed by results of estimates:

own means (capital);

assets;

liquidities;

risk management systems;

conditions of internal control of bank.

1.2. In case of assessment of financial position of bank availability of the measures operating concerning it in the form of restriction for implementation of separate transactions and (or) restriction for the size of interest rate which the credit institution determines in bank deposit agreements with physical persons, and (or) prohibition on implementation of the separate banking activities provided by the license for banking operations and (or) prohibition on opening of the branches (further - restriction and (or) will lock) applied according to article 74 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" is considered.

Chapter 2. Assessment of own means (capital), assets, liquidities, risk management systems, conditions of internal control of bank

2.1. Assessment of own means (capital) is performed according to Item 3.1 of the Instruction of the Bank of Russia of April 3, 2017 No. 4336-U "About assessment of economic situation of banks", No. 46771 registered by the Ministry of Justice of the Russian Federation on May 19, 2017 (further - the Instruction of the Bank of Russia No. 4336-U), based on value of the generalizing result on group of indicators of the capital (RGK) determined according to subitem 3.1.3 of Item 3. 1, Item 3.10 and subitem 4.3.5 of Item 4.3 of the Instruction of the Bank of Russia No. 4336-U.

2.2. Assessment of assets is performed according to Item 3.2 of the Instruction of the Bank of Russia No. 4336-U based on value of the generalizing result on group of indicators of assets (RGA) determined according to subitem 3.2.7 of Item 3. 2, Item 3.10 and subitem 4.3.5 of Item 4.3 of the Instruction of the Bank of Russia No. 4336-U.

2.3. Assessment of liquidity is performed according to Item 3.4 of the Instruction of the Bank of Russia No. 4336-U based on value of the generalizing result on group of indicators of liquidity (RGL) according to subitem 3.4.12 of Item 3. 4, Item 3.10 and subitem 4.3.5 of Item 4.3 of the Instruction of the Bank of Russia No. 4336-U.

2.4. Assessment of indicator of risk management system (PU4) is performed according to paragraph one of item 4. 2, subitems 4.2.1 and 4.2.2 of Item 4.2 of the Instruction of the Bank of Russia No. 4336-U.

2.5. Assessment of indicator of condition of internal control (PU5) is performed according to paragraph one of item 4. 3, subitems 4.3. 1, 4.3. 2, 4.3.5 and 4.3.6 Items 4.3 of the Instruction of the Bank of Russia No. 4336-U.

Chapter 3. Assessment of financial position of bank

3.1. Assessment of financial position of bank is performed by the structural divisions of the Bank of Russia exercising supervision of activities of banks, once in quarter as of the first, following reporting quarter (further - date of assessment).

3.2. The financial position of bank, except for the banks determined by Item 3.3 of this Instruction is recognized to the corresponding criteria for payment of the raised additional rate of insurance premiums if for date of assessment:

values of the generalizing results on groups of indicators of the capital (RGK), and (or) assets (RGA), and (or) liquidity (RGL) it is more or equally to point 2,35, and (or)

measure value of risk management system (PU4) and (or) indicator of condition of internal control (PU5) is more or equally to point 2,35 during two consecutive reporting quarters, and (or)

concerning bank one measure in the form of restriction and (or) prohibition is effective at least.

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