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Ministry of Justice

Russian Federation

On June 3, 2016 No. 42416

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 10, 2015 No. 516-P

About procedure temporary administration of credit consumer cooperative of control of activities of liquidation commission in case of decision making about liquidation of credit consumer cooperative during activities of temporary administration

This Provision based on item 4 of article 183.10 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. 29, Art. 35; No. 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; No. 29, of the Art. 4355, of the Art. 4362) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes procedure temporary administration of credit consumer cooperative (further - credit cooperative) control of activities of liquidation commission in case of decision making about liquidation of credit cooperative during activities of temporary administration.

Chapter 1. General provisions

1.1. The temporary administration of the liquidated credit cooperative (further - temporary administration) exercises control of activities of liquidation commission of credit cooperative (further - liquidation commission) continuously from the date of appointment of liquidation commission and before entering of record about liquidation of credit cooperative into the Unified State Register of Legal Entities or before the termination of activities of temporary administration according to the Federal Law "About Insolvency (Bankruptcy)".

1.2. The temporary administration exercises control of the decisions made by liquidation commission, and also observance by liquidation commission of procedure and terms of liquidation of credit cooperative, including in part:

placements in press organs in which data on state registration of the legal entity, messages on liquidation of credit cooperative and on procedure and term of the statement of requirements by his creditors are published;

written notice of creditors of liquidation of credit cooperative;

observance of prohibition on acceptance of new members, and also attraction of money of members of credit cooperative (unitholders) and provision of loans;

taking measures to identification of creditors of credit cooperative and receipt of receivables of credit cooperative;

provisions for acquaintance of the valuation report of property of credit cooperative upon the demand of members of the liquidated credit cooperative;

creation of the interim liquidation balance sheet containing the information about structure of property of the liquidated credit cooperative, the list of requirements imposed by creditors and also about results of their consideration - after the termination of term for presentation of requirements by creditors;

appeals of liquidation commission of credit cooperative to Arbitration Court with the statement for bankruptcy of credit cooperative in case of insufficiency of property of the liquidated legal entity for satisfaction of requirements of creditors;

observance of requirements of Item 3 of Article 189.1 and Item 3 of article 189.3 of the Federal law "About Insolvency (Bankruptcy)";

payments of sums of money to creditors of the liquidated credit cooperative;

respect for features of satisfaction of requirements of creditors of credit cooperative and members of credit cooperative (unitholders);

creation of the liquidation balance sheet after completion of settlings with creditors;

distributions between members of credit cooperative (unitholders) of the satisfaction of requirements of creditors of property which remained later it is pro rata to the amount of their payenakopleniye (shares).

1.3. For control of activities of liquidation commission the temporary administration uses the following forms of control:

reclamation of documents and data on liquidation of credit cooperative;

conducting checks of activities of liquidation commission with exit in credit cooperative;

other forms of control allowing to analyze information on activities of liquidation commission.

1.4. In case of control of activities of liquidation commission the temporary administration has the right:

request from liquidation commission documents and data concerning liquidation of credit cooperative;

perform with exit in credit cooperative;

perform other actions, stipulated by the legislation the Russian Federation, for the purpose of control of activities of liquidation commission.

1.5. The liquidation commission submits the documents and data requested by temporary administration within the term established by temporary administration.

1.6. In case of control of activities of liquidation commission the temporary administration shall:

exercise control of the decisions made by liquidation commission, and also observance by liquidation commission of procedure and terms of liquidation of credit cooperative according to the procedure, established by this Provision;

provide documentary fixation of results of control, including information on the revealed violations of the law of the Russian Federation allowed by liquidation commission;

take the measures specified in Item 2.9 of this provision in the presence of the corresponding bases;

provide monitoring of elimination of the revealed violations of the law of the Russian Federation allowed by liquidation commission;

constitute and send the act of hindrance to implementation of functions of temporary administration (further - the act of hindrance) according to Chapter 3 this provision;

and to represent to file message about activities of liquidation commission it to the Bank of Russia according to Chapter 4 this provision.

Chapter 2. Control procedure

2.1. The temporary administration at least once in 15 days requests the documents and data containing from liquidation commission:

information on the work which is carried out by liquidation commission;

data on requirements of creditors;

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