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Ministry of Justice

Russian Federation

On December 30, 2016 No. 45079

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

(as amended of the Instruction of the Central bank of the Russian Federation of 17.10.2017 No. 4581-U)

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) on whom the interest rate is lower than two thirds of the key interest rate established by the Bank of Russia or rates of LIBOR, 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 under rates higher, than the key interest rate established by the Bank of Russia, increased in time 1,3 or the rate of LIBOR increased in time 1,3.

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:

the amount of financial support, less fair value of the received providing, the credit institution provided to person (persons) and (or) its affiliates current or prior year on interest rate is lower than two thirds of the key interest rate established by the Bank of Russia, either rates of LIBOR, or amount of bank guarantees and (or) guarantees of credit institution and (or) its affiliates presented to person (persons) in the amount constitute more than 30 percent of assets of person (persons), except as specified, when the amount of financial support does not exceed 10 million rubles, and exceeds amount of the financial support to person (persons) provided by the third parties or received under their guarantee and (or) their guarantee for the same period;

amount of transactions (transactions) with the property provided in lease or leasing and (or) sold with repurchasing less fair value of the received providing, or the income of the current and (or) prior year from use of the specified property constitutes more than 30 percent of assets (income) of person (persons) and exceeds amount of transactions (transactions) with the property provided to person (persons) by the third parties in lease or leasing and (or) sold with repurchasing or the income from use of the specified property for the same period, except as specified, when the amount of the specified transactions (transactions) or the income from them does not exceed 10 million rubles.

1.3. Availability of the transactions (transactions) made by credit institution with person (persons) not on market value, essentially influencing the size of own means (capital) of credit institution and value of obligatory standard rates.

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