INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 5, 2013 No. 147-I

About procedure for conducting checks of credit institutions (their branches) by authorized representatives of the Central bank of the Russian Federation (Bank of Russia)

This Instruction according to 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, the Art. 4084) (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; No. 15, Art. 1447; 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. 19, Art. 2291; 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, the Art. 5036) (further - the Federal Law "About Banks and Banking Activity") and based on 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 29, 2013 No. 26) establish procedure for conducting checks of credit institutions (their branches).

Chapter 1. General provisions

1.1. Credit institutions (their branches) are performed by the Bank of Russia for implementation of functions of bank regulation and banking supervision.

Checks of banks in the cases provided by articles 27 and 32 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, of the Art. 3438) (further - the Federal Law "About Deposit Insurance in Banks of the Russian Federation"), can be carried out with participation of employees of the "Deposit Insurance Agency" state corporation (further - the Agency) according to this Instruction. Features of conducting such checks are established by the regulation of the Bank of Russia about features of conducting checks of banks with participation of employees of the Agency.

Credit institutions (their branches) can be performed at the request of the Board of directors of the Bank of Russia by auditing organizations. Features of conducting such checks are established by the regulation of the Bank of Russia about features of the organization and conducting checks of credit institutions (their branches) at the request of the Board of directors of the Bank of Russia auditing organizations.

1.2. This Instruction extends:

on the credit institutions operating in the territory of the Russian Federation;

on structural divisions of credit institutions: the structural division of the credit institution having branches, located in place of registration of credit institution, conducting the composite balance sheet of credit institution and separate balance which is part of composite balance sheet of credit institution (further - head office of credit institution); separate divisions of credit institutions (representations and branches of credit institutions); internal structural divisions of credit institutions and branches of credit institutions (additional offices, credit and cash offices, operational offices, operational cash desks out of cash node and other internal structural divisions of credit institutions and branches of credit institutions) (further in case of joint mentioning - credit institutions (their branches);

on branches and representative offices of the credit institutions having the right based on licenses of the Bank of Russia to perform banking activities with means in foreign currency (further - authorized bank), including the branches and representative offices of authorized banks located in the territory of foreign states (further - foreign subsidiaries and representations abroad of authorized banks), in the presence of the agreement between the Bank of Russia and Central Bank and (or) other supervision body of foreign state as which banking supervision enters (further - banking supervisor authority of foreign state), on cooperation in the field of supervision of activities of credit institutions (the memorandum of understanding in the field of banking supervision) (further - the agreement (memorandum);

on the affiliated credit institutions of authorized banks located in the territory of foreign states (further - foreign affiliated credit institutions of authorized banks), in the presence of the agreement (memorandum).

1.3. Main objective of conducting checks of credit institutions by the Bank of Russia (their branches) is assessment on the place of general condition of credit institution or the separate directions (questions) of its activities, including: assessment of compliance with law of the Russian Federation and regulations of the Bank of Russia, assessment of reliability of accounting (reporting) of credit institution (its branch), determination of the extent of risks, assets, liabilities, quality evaluation of assets of credit institution (its branch) (including the assets of credit institution (its branch) included in structure of the assets accepted in providing the credits of the Bank of Russia including which are in pledge on the credits of the Bank of Russia), size and sufficiency of own means (capital) of credit institution, quality evaluation of management of credit institution, including assessment of risk management system and condition of internal control, assessment of financial stability, economic situation, financial condition of credit institution (further - financial condition of credit institution) and the prospects of activities of credit institution, and also identification of actions, the creditors and investors of credit institution menacing to interests.

The inspections of credit institutions (their branches) which are carried out by the Bank of Russia do not carry out tasks of the audit inspections and documenting audits performed in accordance with the legislation of the Russian Federation for collection of proofs on criminal and another matters.

1.4. Credit institutions are performed at least once in 24 months.

1.4.1. Frequency of conducting checks of credit institution, including the credit institution which is part of banking group or bank holding, and the list of the structural divisions of credit institution checked within check of credit institution, and also the list of the activities and (or) questions of activities of credit institution which are subject to check are determined taking into account assessment:

financial condition of credit institution and the prospects of activities of credit institution, including exposure of credit institution to risks, quality of management of credit institution, including assessment of risk management system and condition of internal control;

reliability of accounting (reporting) of credit institution (its branch);

results of the previous checks of credit institution (its branch).

1.4.2. Frequency of conducting checks of parent credit institution of banking group is determined also taking into account assessment:

qualities of risk management systems and capital, internal control of banking group;

sufficiency of own means (capital) and liquidity of banking group, their compliance to nature and scale of the transactions made in banking group, the level and combination of the accepted risks;

reliability of consolidated financial statements of banking group and disclosure of audit opinion on it parent credit institution of banking group;

information on activities of banking group, including the information about members of banking group, not being credit institution.

1.5. Credit institutions (their branches) are performed by authorized representatives (employees) of the Bank of Russia (further - authorized representatives of the Bank of Russia).

1.5.1. Credit institutions (their branches) are performed based on the document confirming powers of authorized representatives of the Bank of Russia on conducting check of credit institution (its branch) (further - the order on conducting check).

In the order on conducting check the members of the authorized representatives of the Bank of Russia forming working group for check of credit institution (its branch) numbering at least two people with indication of the head of working group (if necessary - the deputy manager of working group) (further - the head of working group), and also workgroup members are determined.

The order on conducting check is constituted in duplicate according to form 1 of appendix 1 to this Instruction.

1.5.2. In case of need, including changes of members of working group, appointment of the deputy manager of working group, prolongation of terms of conducting check, and also for carrying out within check of credit institution (its branch) of checks of the structural divisions of credit institution (its branch) located out of the location of credit institution (its branch) (further - check of structural divisions of credit institution (its branch) out of the location of credit institution (its branch), is drawn up amendment to the order on the conducting check which is integral part of the order on conducting check.

Amendment to the order on conducting check is constituted in duplicate according to form 2 of appendix 1 to this Instruction.

1.6. The following persons concern the officials of the Bank of Russia having rights to charge conducting checks, including to sign orders on conducting checks.

1.6.1. The chairman of the Bank of Russia, the First Deputy Chairman of the Bank of Russia, the vice-chairman of the Bank of Russia supervising the structural divisions of the Bank of Russia performing functions of banking supervision, the head of the Main inspection of the Bank of Russia (further - the Main inspection), persons, them replacing (further - management of the Bank of Russia) which have right to sign of orders to conducting any checks of credit institutions (their branches), including orders on conducting checks based on solutions of the Board of directors of the Bank of Russia or the Chairman of the Bank of Russia on conducting checks of foreign affiliated credit institutions of authorized banks, foreign subsidiaries and representations abroad of authorized banks, and also orders on conducting checks of credit institutions by auditing organizations at the request of the Board of directors of the Bank of Russia.

1.6.2. The deputy manager of the Main inspection who has right to sign of orders to conducting checks of credit institutions (their branches) according to the procedure, established by the normative and other acts of the Bank of Russia including determining features of the organization and conducting checks of credit institutions (their branches).

1.6.3. The general inspector of the Main inspection (person, it replacing), the deputy general inspector of the Main inspection (further - the general inspector of the Main inspection) which have right to sign of orders to conducting checks of credit institutions (their branches) (including structural divisions of credit institutions (their branches) located in the territory of subjects of the Russian Federation, inspection activities of the Bank of Russia in which are performed by interregional inspection of the Main inspection (the interregional center of inspection of the Main inspection) headed (headed) general inspector of the Main inspection, and also orders on conducting checks of structural divisions of data of credit institutions (their branches) located in the territory of other subjects of the Russian Federation, according to the procedure, established by normative and other acts of the Bank of Russia, including determining features of the organization and conducting checks of credit institutions (their branches).

1.6.4. The head of the inspection which is part of interregional inspection of the Main inspection (person, it replacing), the head of the center of the inspection which is part of the interregional center of inspection of the Main inspection (person, it replacing) which have right to sign of orders to conducting checks of credit institutions (their branches) on the location of this inspection (this center) according to the procedure, established by the normative and other acts of the Bank of Russia including determining features of the organization and conducting checks of credit institutions (their branches).

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