INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 30, 2016 No. 4120-U

About procedure for accounting of obligations of bank to investors and demands in reconvention of bank to the investor, form of the register of obligations of bank to investors and procedure for forming of the register of obligations of bank to investors

This Instruction based on 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, Art. 4355; 2016, No. 27, the Art. 4297) (further - the Federal Law), article 57 of 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, Art. 4357; No. 41, Art. 5639, No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 27, of the Art. 4225, of the Art. 4273, of the Art. 4295), according to the offer of the "Deposit Insurance Agency" state corporation (further - the Agency) establishes procedure for accounting of obligations of bank to investors - the physical persons placing money in currency of the Russian Federation or foreign currency in bank in the territory of the Russian Federation based on bank deposit agreement or bank account agreement (further - contribution) when implementing of transactions by banks on attraction of money in deposits, including before the physical persons who are engaged in business activity without formation of legal entity and demands in reconvention of bank to the investor, form of the register of obligations of bank to investors (further - the register of obligations) and procedure for forming of the register of obligations.

Chapter 1. Procedure for accounting of obligations of bank to investors and demands in reconvention of bank to the investor

1.1. The bank included by the Agency in the register of the banks staying on the registry in deposit insurance system shall provide according to the Federal Law the accounting of obligations to investors and demands in reconvention of bank to the investor allowing to create the register of obligations for any day.

The bank shall provide compliance of the data included in the register of obligations, to data on actual state of cross liabilities of bank and the investor, and also information provided by the investor in case of the conclusion of bank deposit agreement or bank account agreement.

1.2. Accounting of obligations of bank to investors and demands in reconvention of bank to the investor shall provide opportunity:

forming and transfers to the Agency of the register of obligations in electronic form which form is established by appendix 1 to this Instruction. At the same time the software used by bank shall allow to create for any date according to appendix 1 to this Instruction the register of obligations in electronic form;

forming and transfers to the Agency of the register of obligations on paper which form is established by appendix 2 to this Instruction;

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