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Ministry of Justice

Russian Federation

On May 22, 2017 No. 46783

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 22, 2017 No. 578-P

About procedure for consideration of the applications about accreditation under the Bank of Russia of arbitration managers as receivers in case of bankruptcy of credit institutions, accreditation, cancellation of accreditation, refusal in accreditation prolongation

According to articles 189.77 and 189.79 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. 35; No. 27, Art. 3495, 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, of the Art. 4225, of the Art. 4237, of the Art. 4293) (further - the Federal Law "About Insolvency (Bankruptcy)") the Bank of Russia establishes procedure for consideration of the applications about accreditation under the Bank of Russia of arbitration managers as receivers in case of bankruptcy of credit institutions (further - the statement for accreditation), accreditations, cancellations of accreditation, refusal in accreditation prolongation.

Chapter 1. General provisions

1.1. Consideration of the applications of the arbitration managers who are members of self-regulatory organizations of arbitration managers (further - the candidate), about accreditation, statements of self-regulatory organizations of arbitration managers (further - self-regulatory organization) about accreditation of the arbitration managers who are their members, statements of the arbitration managers accredited under the Bank of Russia as receivers in case of bankruptcy of credit institutions (further - accredited person), about accreditation prolongation, and also registration and issue of certificates on accreditation is performed by the Bank of Russia on a grant basis.

1.2. Decisions on accreditation, on refusal in accreditation, about accreditation cancellation, about accreditation prolongation, about refusal in prolongation of accreditation are accepted by the Commission on the accreditation under the Bank of Russia of arbitration managers as receivers in case of bankruptcy of credit institutions created in central office of the Bank of Russia (further - the Commission on accreditation).

1.3. Effective period of accreditation constitutes one year and is estimated from the date of acceptance by the Commission on accreditation of the decision on accreditation or about accreditation prolongation.

1.4. Functions of the working office of the Commission on accreditation are performed by structural division of central office of the Bank of Russia to which powers the organization of the works connected with accreditation and preparation of materials for consideration by the Commission on accreditation is carried (further - the working device).

1.5. The working device performs the following functions:

accepts and considers the arrived documents regarding their completeness and proper registration;

prepares materials for consideration and acceptance by the Commission on accreditation of decisions on accreditation, about refusal in accreditation, about accreditation cancellation, about accreditation prolongation, about refusal in accreditation prolongation;

creates and stores accreditation cases of candidates (accredited persons);

draws up and grants certificates on accreditation;

sends inquiries to the federal executive body performing functions of control (supervision) of activities of self-regulatory organizations for the purpose of receipt of the additional information necessary for decision making by the Commission on accreditation;

provides the publication in "the Bulletin of the Bank of Russia" and placement on the official site of the Bank of Russia on the Internet of information about accredited persons no later than 30 days from the date of adoption of the relevant decision by the Commission on accreditation in time;

performs other functions provided by the Federal Law "About Insolvency (Bankruptcy)".

1.6. In accreditation case of the candidate (accredited person) the documents of the candidate (accredited person) arriving in the Bank of Russia and the copy of the documents sent it by the Bank of Russia on the questions connected with accreditation, refusal in accreditation, accreditation cancellation, accreditation prolongation, refusal in accreditation prolongation, issue of the certificate on accreditation and also the documents relating to activities of the candidate (accredited person) as the interim manager, the administrative managing director, the external managing director, the receiver, the financial manager, the liquidator are located.

1.7. Processing of personal data of candidates (accredited persons), and also the publication in "the Bulletin of the Bank of Russia" and placement on the official site of the Bank of Russia on the Internet of information about accredited persons are performed with observance of requirements of the legislation of the Russian Federation on personal data.

Chapter 2. Consideration of the applications about accreditation

2.1. For accreditation the candidate files in the Bank of Russia petition for accreditation (appendix 1 to this Provision).

Self-regulatory organization for accreditation of the arbitration manager who is her member having the right to send to the Bank of Russia the petition with appendix of its statement for accreditation (appendix 1 to this Provision) and documents, stipulated in Item 2.2 this provision.

2.2. Are enclosed to the application for accreditation:

questionnaire (appendix 2 to this Provision);

the documents confirming data on execution by the candidate of obligations of the receiver (liquidator) in three years preceding date of filing of application about accreditation;

passport copy of the citizen of the Russian Federation or other identity document and citizenship of the Russian Federation;

the original document, the candidate confirming membership in self-regulatory organization;

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