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Ministry of Justice

Russian Federation

On June 21, 2017 No. 47093

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 24, 2017 No. 4384-U

About establishment of economic standard rates for the microcredit company raising money of physical persons, including the individual entrepreneurs who are founders (participants, shareholders) and (or) legal entities in the form of loans

This Instruction based on Item 5.1 of part 4 of article 14 of the Federal Law of July 2, 2010 No. 151-FZ "About microfinancial activities and the microfinancial organizations" (The Russian Federation Code, 2010, No. 27, Art. 3435; 2011, No. 27, Art. 3880; No. 49, Art. 7040; 2013, No. 26, Art. 3207; No. 30, Art. 4084; No. 51, Art. 6683, Art. 6695; 2014, No. 26, Art. 3395; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 27; No. 27, the Art. 4163, the Art. 4225), article 76.4 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 of Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, the Art. 2661, the Art. 2669) and according to 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 April 14, 2017 No. 8) establish economic standard rates for the microcredit company raising money of physical persons in volume number of the individual entrepreneurs who are her founders (participants, shareholders) and (or) legal entities in the form of loans (further - economic standard rates).

1. Economic standard rates are:

the standard rate of sufficiency of own means (further - the standard rate of HMKK1);

the standard rate of liquidity (further - the standard rate of HMKK2).

For the purpose of calculation of economic standard rates are used this to the reporting, including accounting (financial) records, and financial accounting.

2. The standard rate of HMKK1 is calculated by formula:

 

Формула 2 к Указанию ЦБ РФ от 24.05.2017 г. №4384-У

where:

To - own means of the microcredit company determined as the Section III result amount "The capital and reserves" ("Target financing" for non-profit organizations) the balance sheet;

Zs - outstanding amount of the microcredit company on principal debt on the loans and the credits obtained by the microcredit company (except for provided in non-cash form) which are at the same time meeting the following conditions:

the loan or the loan is granted to the microcredit company by physical persons, including the individual entrepreneurs who are her founders (shareholders, participants), and (or) legal entities who are her founders (shareholders, participants);

the loan or the loan is granted for the term of at least 5 years without the right of complete or partial early reclamation by their creditor (creditor) before the expiration of the specified term;

the extreme size of the percent charged on loan amount or the credit does not exceed the key interest rate of the Bank of Russia operating for date of the conclusion of the loan agreement or the credit increased in time 1,2;

And - the assets of the microcredit company determined as the amount of results of the Sections I "Non-current Assets" and II "Current assets" of the balance sheet less the indicator amount "Money and cash equivalents";

A1 - the cost of the following assets:

financial investments regarding the provided legal entities and (or) individual entrepreneurs who are at the time of the conclusion of the agreement of microloan subjects of small and medium business, money under agreements of microloan less the amount of the reserves on possible losses on loans (on the amount of principal debt) created on them according to the Instruction of the Bank of Russia of June 28, 2016 No. 4054-U "About procedure for forming by the microfinancial organizations of reserves on possible losses on loans", the registered Ministry of Justice of the Russian Federation on July 28, 2016 No. 43023 (further - the Instruction of the Bank of Russia No. 4054-U);

receivables on interest incomes on the microloans provided to legal entities and (or) individual entrepreneurs being at the time of the conclusion of the agreement of microloan subjects of small and medium business which join interest for using microloan, and also any predefined the agreement of microloan the income on microloan, less the amount of the reserves on possible losses on loans (on the amount of requirements for the added interest incomes) created on them according to the Instruction of the Bank of Russia No. 4054-U;

A2 - the cost of the following assets:

financial investments regarding the provided physical persons who are not individual entrepreneurs, money under the agreements of microloan signed for a period of up to 30 days inclusive in the amount to 30 thousand rubles inclusive less the amount of the reserves on possible losses on loans (on the amount of principal debt) created on them according to the Instruction of the Bank of Russia No. 4054-U;

receivables on interest incomes on the microloans provided to the physical persons who are not individual entrepreneurs under the agreements of microloan signed for a period of up to 30 days inclusive in the amount to 30 thousand rubles inclusive which join interest for using microloan, and also any predefined the agreement of microloan the income on microloan, less the amount of the reserves on possible losses on loans (on the amount of requirements for the added interest incomes) created on them according to the Instruction of the Bank of Russia No. 4054-U.

3. If before the termination of completion date of the loan obtained by the microcredit company or the credit (or separate tranche on them) meeting requirements of Item 2 presents of the Instruction there were more than 5 years, the outstanding amount on principal debt on such loan or the credit (or to separate tranche on them) is taken into consideration of the standard rate of HMKK1 in complete size.

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