Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

It is registered

Ministry of Justice

Russian Federation

On December 28, 2015 No. 40318

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 3, 2015 No. 509-P

About calculation of size of own means (capital), obligatory standard rates and the sizes (limits) of open foreign exchange positions of banking groups

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. 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; No. 41, the Art. 5639) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), the Federal Law "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, 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, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, the Art. 4355, the Art. 4385) 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 November 27, 2015 No. 35) for the purpose of ensuring financial stability of credit institutions establish for banking groups calculation of size of own means (capital), obligatory standard rates and the sizes (limits) of open foreign exchange positions, and also numerical values of obligatory standard rates and the sizes (limits) of open foreign exchange positions.

Chapter 1. General provisions

1.1. Calculation of size of own means (capital), obligatory standard rates and the sizes (limits) of open foreign exchange positions of banking group is performed by parent credit institution of banking group.

1.2. Calculation of size of own means (capital), obligatory standard rates and the sizes (limits) of open foreign exchange positions of banking group join reporting data of parent credit institution of banking group and the members of banking group performing financial and insurance activity, auxiliary activities in the sphere of financial services and insurance, real estate transactions, the activities connected with use of computer facilities and information technologies (if it is performed for the purpose of ensuring activities of parent credit institution of banking group and (or) members of banking group), provision of other types of service (if they are presented for the purpose of ensuring activities of parent credit institution of banking group and (or) members of banking group), and also the reporting data of members of banking group which are the structured companies created for the purpose of implementation of separate financial transactions (for example, securitizations of assets of parent credit institution of banking group and (or) members of banking group) and (or) non-financial transactions (for example, real estate transactions).

The concept "the structured companies" is used in the value determined by the International accounting standard (further - IFRS) (IFRS) 12 "Disclosure of information on participation in other companies" enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of July 18, 2012 No. 106n "About enforcement and cancellation of documents of International accounting standards in the territory of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on August 3, 2012 No. 25095 (The Russian newspaper of August 15, 2012) (further - the order of the Ministry of Finance of the Russian Federation No. 106n), with the amendments enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of October 31, 2012 No. 143n "About enforcement of documents of International accounting standards in the territory of the Russian Federation" the registered Ministry of Justice of the Russian Federation on December 12, 2012 No. 26099 (The Russian newspaper of December 21, 2012) (further - the order of the Ministry of Finance of the Russian Federation No. 143n), the order of the Ministry of Finance of the Russian Federation of May 7, 2013 No. 50n "About enforcement of the document of International accounting standards in the territory of the Russian Federation", the registered Ministry of Justice of the Russian Federation on June 14, 2013 No. 28797 (The Russian newspaper of July 12, 2013) (further - the order of the Ministry of Finance of the Russian Federation No. 50n), the order of the Ministry of Finance of the Russian Federation of July 13, 2015 No. 109n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation", the registered Ministry of Justice of the Russian Federation on July 16, 2015 No. 38039 (The Russian newspaper of August 3, 2015).

1.3. Reporting data of the members of banking group specified in Item 1.2 of this provision do not join in calculation of size of own means (capital), obligatory standard rates and the sizes (limits) of open foreign exchange positions of banking group provided that:

they are registered as legal entities in the territory of foreign state in which there are legislative restrictions for representation of information to parent credit institution of banking group necessary for calculation of size of own means (capital), obligatory standard rates and the sizes (limits) of open foreign exchange positions; or

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