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The document ceased to be valid since May 27, 2018 according to Item 4.2 of the Provision of the Central bank of the Russian Federation of February 7, 2018 No. 631-P

It is registered

Ministry of Justice

Russian Federation

On May 20, 2016 No. 42162

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 5, 2016 No. 533-P

About procedure for carrying out by the Bank of Russia of checks of activities of the receiver and liquidator of credit institution

This Provision according to paragraph 4.1 of Chapter IX 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. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, Art. 11, Art. 35; No. 27, Art. 3495, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4350, Art. 4355, Art. 4362; 2016, No. 1, the Art. 11) (further - the Federal Law "About Insolvency (Bankruptcy)"), 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; Art. No. 26 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, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, the Art. 23) (further - the Federal Law "About Banks and Banking Activity"), determines cases and procedure for carrying out by the Bank of Russia of checks of activities of the receiver and liquidator of credit institution (further - the receiver (liquidator).

Chapter 1. General provisions

1.1. The Bank of Russia performs compliance of activities of receivers (liquidators) to requirements of the regulatory legal acts governing the relations connected with liquidation of credit institutions including in case of insolvency (bankruptcy) of credit institutions (further - checks).

1.2. Are performed by the authorized representatives of the Bank of Russia forming the working group of the Bank of Russia (further - working group).

1.3. The Bank of Russia according to Item 6 of article 189.79 of the Federal law "About Insolvency (Bankruptcy)" has the right to perform in the following cases:

in case of availability at the Bank of Russia of the data giving the grounds to assume violation by the receiver (liquidator) when implementing the activities of the regulatory legal acts governing the relations connected with liquidation of credit institutions including in case of insolvency (bankruptcy) of credit institutions;

in case of revenues in the Bank of Russia of the claim of creditor meeting and (or) creditor committee to actions (failure to act) of the receiver (liquidator) and the annulment petition of accreditation under the Bank of Russia of the arbitration manager as the receiver in case of bankruptcy of credit institution (further - accreditation under the Bank of Russia);

in case of availability at the Bank of Russia of the data giving the grounds to assume that the reporting of the liquidated credit institution represented to the Bank of Russia is doubtful;

in case of numerous violation by the receiver (liquidator) of the procedure for creation and submission of the reporting of the liquidated credit institution established by the Bank of Russia;

in case of non-compliance with implementation of actions by the receiver (liquidator) of terms during the liquidating procedures established by the Federal Law "About Insolvency (Bankruptcy)", the Federal Law "About Banks and Banking Activity" including in case of the direction the receiver (liquidator) of petitions for prolongation of these terms;

in case of receipt of the statement of the arbitration manager accredited under the Bank of Russia as the receiver in case of bankruptcy of credit institutions (further - accredited person), about prolongation of term of accreditation under the Bank of Russia;

in case of need checks of execution by the receiver (liquidator) of the instruction about elimination of violations of the regulatory legal acts governing the relations connected with liquidation of credit institutions including in case of insolvency (bankruptcy) of credit institutions;

in case of the expiration of one year after date of completion of the last check;

if check by the Bank of Russia was not carried out more than six months.

Chapter 2. Conducting check

2.1. It is performed based on the Order on conducting check of activities of the receiver (liquidator) (appendix 1 to this Provision) (further - the order) in which the members of working group, with indication of the head of working group and workgroup members are determined.

The order is constituted in duplicate and signed by the official of the Bank of Russia who appointed check.

One copy of the order is handed to the receiver (liquidator) or goes the registered mail with the assurance of receipt. The second copy of the order remains in the Bank of Russia.

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