INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 17, 2016 No. 4162-U

About the bases for refusal in coordination of banking supervision of the Bank of Russia of the proposal of the receiver of credit institution by Committee which functions are performed by the "Deposit Insurance Agency" state corporation, about implementation of cession of property (assets) and obligations of credit institution to the acquirer (acquirers) and in coordination of the acquirer (acquirers) of property (assets) and obligations of credit institution

According to article 189.89 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. 29, Art. 4350, Art. 4355, Art. 35; No. 27, Art. 3495, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4355, Art. 4362; 2016, No. 1, Art. 11, Art. 27, Art. 29; No. 23, Art. 3296; No. 26, Art. 3891; No. 27, of the Art. 4225, of the Art. 4293) (further - the Federal Law "About Insolvency (Bankruptcy)") the Bank of Russia establishes the bases for refusal in coordination of banking supervision of the Bank of Russia of the proposal of the receiver of credit institution by Committee which functions are performed by the "Deposit Insurance Agency" state corporation (further - the Agency), about implementation of cession of property (assets) and obligations of credit institution to the acquirer (acquirers) and in coordination of the acquirer (acquirers) of property (assets) and obligations of credit institution.

1. The bases for refusal of banking supervision of the Bank of Russia by Committee in coordination of the offer of the Agency on implementation of cession of property (assets) and obligations of credit institution or their part to the acquirer (acquirers) (further - the offer of the Agency) are:

absence in the offer of the Agency of information on structure and book value of property (assets) and obligations of credit institution, the report on results of assessment of the transferred property and assets of credit institution or their part, and also reasons for feasibility of cession of property (assets) and obligations of credit institution (including if determined by the Agency according to the report of the appraiser involved with the receiver, the cost of the transferred property is lower than its book value or above book value, but it is lower than the cost, determined by the appraiser);

absence in the offer of the Agency of information about structure of property (assets) and obligations of credit institution concerning each of the transferred parts if the cession of property (assets) and obligations of credit institution is offered to be performed in parts;

establishment of the facts testimonial of violation of the rights of creditors in case of implementation of the offer of the Agency;

establishment of the facts of discrepancy of the transferred obligations of credit institution of cost of the transferred property (assets).

2. The bases for refusal of banking supervision of the Bank of Russia by Committee in coordination of the acquirer (acquirers) - the credit institutions which directed the application for participation in selection of the acquirer (acquirers) for cession of property (assets) and obligations of credit institution or their part (further - the acquirer), are:

absence at the acquirer of the license for attraction in deposits of money of physical persons and on opening and maintaining bank accounts of physical persons, issued by the Bank of Russia;

implementation by the acquirer of activities for attraction in deposits of money of physical persons less than three years;

the size of own means (capital) of the acquirer calculated according to the technique established by the Provision of the Bank of Russia of July 4, 2018 No. 646-P "About technique of determination of own means (capital) of credit institutions ("Basel III")", the registered Ministry of Justice of the Russian Federation on September 10, 2018 No. 52122, on December 19, 2018 No. 53064, on September 30, 2019 No. 56084, on July 30, 2020 No. 59121, constituting less than ten percent from the size of the obligations of bank which are subject to transfer concerning which actions for transfer of its obligations calculated on the basis of the Razrabotochny table for creation of the balance sheet (the published form) of Item 3 of the Procedure for creation and submission of the reporting under form 0409806 "Balance sheet (the published form)" and 23 forms of the reporting reflected in line 0409806 "The balance sheet (the published form)" are performed established by the Instruction of the Bank of Russia of October 8, 2018 No. 4927-U "About the list, forms and procedure for creation and representation of forms of the reporting of credit institutions in the Central bank of the Russian Federation", the registered Ministry of Justice of the Russian Federation on December 13, 2018 No. 52992, on December 13, 2019 No. 56796, on June 18, 2020 No. 58705, on September 30, 2020 No. 60147, on March 26, 2021 No. 62892, on April 15, 2021 No. 63150 (further - the Instruction of the Bank of Russia No. 4927-U);

failure to carry out of the capital adequacy ratios of credit institution established by the Instruction of the Bank of Russia of November 29, 2019 No. 199-I "About obligatory standard rates and allowances to capital adequacy ratios of banks with the universal license" registered by the Ministry of Justice of the Russian Federation on December 27, 2019 No. 57008 (further - the Instruction of the Bank of Russia No. 199-I), or the Instruction of the Bank of Russia of December 6, 2017 No. 183-I "About obligatory standard rates of banks with the basic license", registered by the Ministry of Justice of the Russian Federation on March 2, 2018 No. 50206, on September 12, 2019 No. 55912 (further - the Instruction of the Bank of Russia No. 183-I), within three last years and for date of submission of information by the acquirer to the Bank of Russia;

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