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Ministry of Justice

Russian Federation

On February 13, 2017 No. 45615

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 20, 2016 No. 176-I

About procedure and cases of carrying out by authorized representatives (employees) of the Bank of Russia of survey of subject of the pledge accepted by credit institution as providing according to the loan and (or) acquaintance with activities of the borrower of credit institution and (or) the pledger

(as amended on 26-04-2021)

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, 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, the Art. 4225, the Art. 4273, the Art. 4295) (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; 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. 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. 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, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, the Art. 4295) (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 December 16, 2016 No. 33) establish procedure and cases of carrying out by authorized representatives (employees) of the Bank of Russia (further - authorized representatives of the Bank of Russia) the survey of subject of the pledge accepted by credit institution as providing according to the loan and determined by part eight of article 73 of the Federal Law "About the Central bank the Russian Federation (Bank of Russia), in the place of its storage (stay) (further - survey of subject of pledge) and acquaintance with activities of the borrower - the legal entity or the individual entrepreneur of the checked credit institution and (or) the pledger - the legal entity or the individual entrepreneur who is not the borrower according to this loan with exit to the place (further - acquaintance with activities of the borrower (pledger).

Chapter 1. General provisions

1.1. This Instruction extends to the credit institutions operating in the territory of the Russian Federation, branches of credit institutions and internal structural divisions of credit institutions and branches of credit institutions (further - structural divisions of credit institutions) (further in case of joint mentioning - credit institutions).

1.2. Survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) is performed for the purpose of carrying out:

quality evaluation of loans, the loan and equated to it debt (further - loans), completeness of forming of reserves on possible losses according to loans according to 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 according to loans, the loan and equated to it debt", the registered Ministry of Justice of the Russian Federation on July 12, 2017 No. 47384 (further - the Provision of the Bank of Russia No. 590-P), or the Provision of the Bank of Russia of August 24, 2020 No. 730-P "About procedure for forming by banks of reserves on possible losses using bank control techniques risks and models of quantitative risks assessment, requirements to bank control techniques risks and to models of quantitative risks assessment regarding determination of the expected credit losses and implementation by the Bank of Russia of supervision of observance of the specified procedure", the registered Ministry of Justice of the Russian Federation on December 10, 2020 No. 61368;

quality evaluations of the assets included in structure of the assets accepted in providing the credits of the Bank of Russia, and also which are in pledge on the credits of the Bank of Russia.

Survey of subject of pledge is performed also for the purpose of conducting examination of subject of the pledge accepted by credit institution as providing according to the loan including including establishment of the actual availability of subject of pledge and its survey (further - examination of subject of pledge), which is carried out by the Bank of Russia according to the regulation of the Bank of Russia determining procedure for carrying out by the Bank of Russia of examination of subject of the pledge accepted by credit institution as providing according to the loan.

1.2.1. Survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) according to the procedure and the cases established by this Instruction can be performed during inspections of the credit institutions which are carried out according to the procedure, established by the Bank of Russia according to part four of article 73 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)".

1.2.2. The survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) 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.

1.3. Inspection of subject of pledge can be performed in cases:

availability of circumstances (their signs) testimonial of possible loss of subject of pledge or about its absence in the location (storage);

identifications of signs of unauthenticity of data on the quantity and quality characteristics of subject of pledge specified in the agreement of pledge and (or) accounting (financial) and statistical records, and also in the other information provided by credit institution in the Bank of Russia (including distinctions in the information on pledge subject provided by credit institution and received by the Bank of Russia from registering bodies and from open sources of information);

need of refining of the characteristics of subject of pledge influencing its cost (including run, operating time of the vehicle or the equipment, loading of the areas of the object of the real estate and other characteristics);

violations by credit institution (banking group which member is the credit institution) of the obligatory standard rates established by the Bank of Russia owing to complete or partial not accounting of the cost of subject (objects) of pledge determined by credit institution in case of determination of the size of the created reserve on possible losses according to the loan;

the motivated petition of structural division of the Bank of Russia, structural division of territorial office of the Bank of Russia or the motivated petition of working group when conducting check of credit institution.

1.4. Acquaintance with activities of the borrower (pledger) can be carried out in cases:

refusal of the borrower (pledger) of carrying out by authorized representatives the Bank of Russia of survey of subject of pledge and (or) of use by them in case of survey of subject of pledge of the special technical means having functions photo, filmings, videos, or means photo, filmings, videos;

factual determinations of application concerning the borrower (pledger) of the procedures provided by 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. 35; No. 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4350, Art. 4355, Art. 4362; 2016, No. 1, Art. 11, Art. 27, Art. 29; No. 23, Art. 3296; No. 26, Art. 3891; No. 27, the Art. 4225, the Art. 4237, the Art. 4293), based on information containing in the Unified Federal Register of Bankruptcy Information, the reference SPARK system;

acceptances according to the procedure, determined by subitem 3.12.3 of Item 3.12 of the Provision of the Bank of Russia No. 590-P, the decision authorized body of management (body) of credit institution that the borrower - the legal entity performs real activities, in the presence of circumstances which minimum list is established by appendix 4 to the Provision of the Bank of Russia No. 590-P, and (or) removal by authorized representatives of the Bank of Russia of motivated judgment of absence at the borrower - the legal entity of real activities or its implementation in insignificant amounts;

the motivated petition of structural division of the Bank of Russia, structural division of territorial office of the Bank of Russia or the motivated petition of working group when conducting check of credit institution;

paragraph of the sixth ceased to be valid

1.5. Survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger), including during checks of credit institutions, are carried out by authorized representatives of the Bank of Russia based on the document confirming powers of authorized representatives of the Bank of Russia on carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) (further - the order on survey (acquaintance).

In the order on survey (acquaintance) the members of the authorized representatives of the Bank of Russia forming working group for carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) (further - group of survey (acquaintance) numbering at least two people, with indication of the head of group of survey (acquaintance), if necessary - the deputy manager of group of survey (acquaintance) are determined (further - the head of group of survey (acquaintance), the member (members) of group of survey (acquaintance).

The order on survey (acquaintance) is constituted according to appendix 1 to this Instruction.

1.6. In case of need, including changes of members of group of survey (acquaintance), appointment of the deputy manager of group of survey (acquaintance), amendment (change) of the list of the inspected objects of pledge or borrowers (pledgers) with which activities acquaintance is performed amendment to the order on survey (acquaintance) which is integral part of the order on survey (acquaintance) is drawn up.

Amendment to the order on survey (acquaintance) is constituted according to appendix 2 to this Instruction.

1.7. The order on survey (acquaintance) is signed by one of the following officials of the Bank of Russia:

The chairmen of the Bank of Russia, the First Deputy Chairman of the Bank of Russia and the vice-chairman of the Bank of Russia who are directly coordinating and controlling work of the structural divisions of the Bank of Russia performing functions of bank regulation and banking supervision;

head (deputy manager) of structural division of the Bank of Russia;

head (deputy manager) of territorial office of the Bank of Russia;

general inspector (deputy general inspector) of the Main inspection of the Bank of Russia;

head of the structural unit of territorial office of the Bank of Russia.

1.7.1. Chairman of the Bank of Russia; the First Deputies Chairman of the Bank of Russia and the vice-chairman of the Bank of Russia who are directly coordinating and controlling the structural divisions of the Bank of Russia performing functions of bank regulation and banking supervision; the head of Service of risk analysis of the Bank of Russia, the head of the Main inspection of the Bank of Russia (person, them replacing); the director of the department of transactions in the financial markets (person, it replacing) (when carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) for the purpose of providing quality evaluation on the credits of the Bank of Russia).

1.7.2. The deputy manager of the Main inspection of the Bank of Russia, the general inspector of the Main inspection of the Bank of Russia (person, it replacing) - when carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) during checks of credit institutions - according to the procedure, established by the regulation of the Bank of Russia about the organization of inspection activities of the Bank of Russia.

1.7.3. The head (deputy manager) of structural division of central office of the Bank of Russia exercising supervision of activities of credit institution or organizing supervision of activities of credit institutions and banking groups (person, it replacing), or the head of head department of the Bank of Russia (person, it replacing) who has the right to charge carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger), including to sign the order on survey (acquaintance) according to the procedure, established by regulations of the Bank of Russia.

1.7.4. The head of the Bank of Russia of department, department operating as a part of head department - national bank (person, it replacing) which has right to sign of the order to survey (acquaintance) when carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) in the location (storage) of pledge and (or) finding of the borrower (pledger) according to the procedure established by normative and other acts of the Bank of Russia.

1.8. Survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) is performed by group of survey (acquaintance) by means of visual observation, including with use of the special technical means having functions photo, filmings, videos, or means photo, filmings, videos without intervention in operational and other activity of the borrower (pledger) and (or) persons performing storage of subject of pledge.

1.9. The organization and carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger), including access for members of group of survey (acquaintance) to the territory or to the room in the location (storage) of subject of pledge and (or) implementation of activities by the borrower (pledger), survey of the territories, rooms, documents and objects of the borrower (pledger), use of the special technical means having functions photo of filming, videos, or means photo, filmings, videos, copying from documents and electronic media of information, reclamation of information and documents when carrying out survey (acquaintance), are performed with compliance with law of the Russian Federation.

1.10. Survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) begin from the date of presentation by authorized representatives of the Bank of Russia of the documents testimonial of the fact that specified persons are bank clerks of Russia (further - official IDs) after approach of the moment at which the order on survey (acquaintance) (amendment to obtaining on survey (acquaintance) placed in private office of the participant of information exchange, the reference to which is posted on the official site of the Bank of Russia on the Internet (further - private office), is considered received by credit institution, or official IDs and copy of the order on survey (acquaintance) (amendments to the order on survey (acquaintance) (the confirmed seal of the copy of the order on survey (acquaintance) (amendments to the order on survey (acquaintance) (further - the order on survey (acquaintance) on paper) according to Item 5.1 of this Instruction (further - start date of survey (acquaintance) also come to the end no later than expiry date of the order on survey (acquaintance) (amendments to the order on survey (acquaintance).

1.11. Date of completion of survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) (further - date of completion of survey (acquaintance) is date of creation of the certificate of survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) (further - the certificate of survey (acquaintance).

1.12. Information containing in the documents constituted by the Bank of Russia under the organization, carrying out and registration of results of survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) is subject to reference to information category of limited access in the presence in it the data, components the commercial, bank, office or protected by the law other secret which protection is performed in accordance with the legislation of the Russian Federation and regulations of the Bank of Russia.

Information referred to category of limited access cannot be divulged by the Bank of Russia and credit institution to the third parties, except as specified, stipulated by the legislation the Russian Federation and regulations of the Bank of Russia.

1.13. The Bank of Russia and credit institutions perform exchange of documents (information) in connection with carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger):

in the form of electronic documents through private office according to the order of interaction of the Bank of Russia with credit institutions determined based on parts one and the fourth article 73.1 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2017, No. 27, the Art. No. 3950), except as specified, provided by this Instruction;

on the material carrier (on paper and (or) on the alienable (removable) machine data carrier) in case of lack of technical capability of exchange of documents (information) by means of private office.

Chapter 2. Preparation for carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger)

2.1. Survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) can be carried out:

with the prior notice of credit institution;

without prior notice credit institution in cases when inspection (acquaintance) is performed:

during check of credit institution;

in the location (storage) of subject of the pledge which is in ownership of credit institution or in the location (storage) of subject of pledge which is the public place;

in the place of implementation of activities of the borrower (pledger) which is the public place.

2.2. The prior notice of carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) (further - the prior notice of survey (acquaintance) is handed (or goes with use of private office or the registered mail with the assurance of receipt) to the head of credit institution (or to the head of the structural unit of credit institution in case of carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) of this structural division of credit institution) no later than one working day before start date of survey (acquaintance).

The prior notice of survey (acquaintance) is constituted according to appendix 3 to this Instruction and signed by one of the officials of the Bank of Russia specified in Item 1.7 of this Instruction.

2.3. The prior notice of survey (acquaintance) contains the requirement about making by credit institution in the terms of actions for ensuring assistance in carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger) established in it, including:

about holding organizational actions, including preparation of the documents (information) necessary for carrying out survey of subject of pledge and (or) acquaintance with activities of the borrower (pledger), including information on making of actions by credit institution according to article 33 of the Federal law "About Banks and Banking Activity";

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