INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 17, 2016 No. 4203-U

About signs of possible coherence of person (persons) with credit institution

This Instruction based on article 64.1 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. 26, Art. 3891; No. 27, of the Art. 4225, of the Art. 4273, of the Art. 4295) establishes signs of possible coherence of person (persons) with credit institution. Face (persons) tied with credit institution person (persons) determined according to parts two and third article 64.1 of the specified Federal Law is recognized.

1. Signs of possible coherence of person (persons) with credit institution are:

1.1. Availability at credit institution and (or) its affiliates of powers to manage activities of person (persons) which are directly not following from shareholding (shares) of person (persons), or powers to appoint sole executive body and (or) more than a half of collegiate executive body or to choose more than a half of the board of directors (supervisory board) of person (persons).

Is recognized that the credit institution and (or) its affiliates have powers to manage activities of person (persons) if functions of sole executive body or the chairman of the board of directors (supervisory board) of person (persons) are performed by the affiliate of credit institution and (or) affiliates of credit institution are board members (supervisory board) and (or) collegiate executive body of person (persons) and if at the same time one of the following conditions is observed at least:

the total amount of financial support of person (persons) from credit institution and (or) its affiliates constitutes more than 20 percent of the amount of all transactions (transactions) of person (persons) for the accounting period;

the credit institution and (or) its affiliates provided bank guarantees and (or) guarantees to person (persons) in providing obligations of person (persons) of more than 20 percent of obligations of person (persons);

the credit institution and (or) its affiliates provided to person (persons) in lease (leasing) property which cost constitutes more than 20 percent from the size of assets of person (persons);

the credit institution and (or) its affiliates and (or) persons acting from their name made more than 20 percent of other transactions (transactions) with person (persons) from the amount of all transactions (transactions) of person (persons) for the accounting period;

the credit institution and (or) its affiliates exercise trust management more than 20 percent of assets of the legal entity (legal entities).

For determination of percentage share the specified transactions (transactions) of person (persons) are calculated in terms of money for the complete accounting period in which the specified operations (transactions) were performed.

For the purpose of this Instruction are understood as financial support:

the loans (loans) granted by credit institution and (or) its affiliates to person (persons) not on the market conditions determined according to Item 3.19 of the Provision of the Bank of Russia of June 28, 2017 No. 590-P "About procedure for forming by credit institutions of reserves on possible losses by loans, the loan and equated to it debt" (it is registered by the Ministry of Justice of the Russian Federation on July 12, 2017, registration No. 47384, with the changes made by Instructions of the Bank of Russia of July 26, 2018 No. 4874-U (it is registered by the Ministry of Justice of the Russian Federation on October 3, 2018, registration No. 52308), of November 27, 2018 No. 4986-U (it is registered by the Ministry of Justice of the Russian Federation on December 19, 2018, registration No. 53053), of December 26, 2018 No. 5043-U (it is registered by the Ministry of Justice of the Russian Federation on January 23, 2019, registration No. 53505), of July 18, 2019 No. 5211-U (it is registered by the Ministry of Justice of the Russian Federation on September 12, 2019, registration No. 55910), of October 16, 2019 No. 5288-U (it is registered by the Ministry of Justice of the Russian Federation on November 27, 2019, registration No. 56646), of January 11, 2021 No. 5690-U (it is registered by the Ministry of Justice of the Russian Federation on April 26, 2021, registration No. 63238), of August 18, 2021 No. 5889-U (it is registered by the Ministry of Justice of the Russian Federation on September 21, 2021, registration No. 65077), of February 15, 2022 No. 6068-U (it is registered by the Ministry of Justice of the Russian Federation on March 24, 2022, registration No. 67894) (further - the Provision of the Bank of Russia No. 590-P), and also the credits (loans) in non-cash form, including in securities, precious metals, commodity loans;

the money paid by credit institution and (or) its affiliates for the acquired securities emitted (issued) by person (persons) (except for the shares emitted by person (persons);

the money paid by credit institution and (or) its affiliates for the rights to claim and other assets acquired at person (persons) including with payment deferral and (or) with the return sale;

the rights to claim against the third parties acquired by person (persons) at credit institution and (or) its affiliates;

the free (material) aid, and also gift agreements by physical persons of property as a result of which person (persons) gains income;

transactions of credit institution and (or) its affiliates on attraction on behalf of (persons) of deposits, loans, the credits not on the market conditions determined according to Item 3.19 of the Provision of the Bank of Russia No. 590-P.

1.2. Availability of risks on transactions (transactions) of credit institution and (or) its affiliates with person (persons) significantly exceeding risks on transactions (transactions) of the third parties with person (persons).

Risks of credit institution and (or) its affiliates are recognized significantly exceeding risks on transactions (transactions) of the third parties with person (persons) in cases if:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info