INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 12, 2017 No. 4463-U

About requirements to persons (person) acquiring according to the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank of the bank share in number of at least 75 percent of ordinary shares of bank in the form of joint-stock company (the share in the authorized capital providing at least three quarters of voices of total number of voices of members of bank in the form of limited liability company) or shares of the mutual investment fund created by "Managing Company of Fund of Consolidation of Banking Sector" limited liability company which part of property bank shares in number of at least 75 percent of ordinary shares of bank in the form of joint-stock company (the share in the authorized capital of bank providing at least three quarters of voices of total number of voices of members of bank in the form of limited liability company) are

This Instruction based on Item 9 of article 189.49 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. 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, Art. 4225, Art. 4237, Art. 4293, Art. 4305; 2017, No. 1, Art. 29; No. 18, Art. 2661; No. 25, of the Art. 3596) establishes requirements to persons (person) acquiring according to the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank (further - the plan of participation of the Bank of Russia) bank shares in number of at least 75 percent of ordinary shares of bank in the form of joint-stock company (the share in the authorized capital providing at least three quarters of voices of total number of voices of members of bank in the form of limited liability company) or shares of the mutual investment fund created by "Managing Company of Fund of Consolidation of Banking Sector" limited liability company (further - Managing company) which part of property bank shares in number of at least 75 percent of ordinary shares of bank in the form of joint-stock company are (shares in the authorized capital, the providing at least three quarters of voices of total number of voices of members of bank in the form of limited liability company) (further - investors).

1. The investor - the legal entity, being bank, shall conform to at the same time following requirements:

have the license of the Bank of Russia for attraction in deposits of money of physical persons, and also perform banking activity at least 3 years from the date of its state registration;

have the size of own means (capital) calculated according to the technique established by the Provision of the Bank of Russia of December 28, 2012 No. 395-P "About technique of determination of size of own means (capital) of credit institutions ("Basel III")", on February 22, 2013 No. 27259, on November 29, 2013 No. 30499, on October 2, 2014 No. 34227, on December 11, 2014 No. 35134, on December 17, 2014 No. 35225, on March 24, 2015 No. 36548, on June 5, 2015 No. 37549, on October 5, 2015 No. 39152, on December 8, 2015 No. 40018, on December 17, 2015 No. 40151, on August 26, 2016 No. 43442, for date of submission of information by the investor to the Bank of Russia, in the amount of at least 10 percent from the size of obligations of bank, ordinary shares (share in the authorized capital) of which are acquired by the registered Ministry of Justice of the Russian Federation, calculated on the basis of the Razrabotochny table for creation of the balance sheet (the published form) of Item 3 of the Procedure for creation and submission of the reporting under form 0409806 "Balance sheet (the published form)" (further - Razrabotochnaya the table for creation of the balance sheet) and 23 forms of the reporting reflected in line 0409806 "The balance sheet (the published form)", No. 46155 (further - the Instruction of the Bank of Russia No. 4212-U) increased by the extreme size of the loan (loans) granted by the Bank of Russia on the purpose of financial improvement established by the Instruction of the Bank of Russia of November 24, 2016 No. 4212-U "About the list, forms and procedure for creation and representation of forms of the reporting of credit institutions in the Central bank of the Russian Federation", the registered Ministry of Justice of the Russian Federation on December 14, 2016 No. 44718, on March 29, 2017;

carry out the capital adequacy ratios of credit institution established by the Instruction of the Bank of Russia of November 29, 2019 No. 199-I "About obligatory standard rates and allowances to capital adequacy ratios of banks with the universal license" registered by the Ministry of Justice of the Russian Federation on December 27, 2019 No. 57008 (further - the Instruction of the Bank of Russia No. 199-I), within 3 last years and for date of submission of information by the investor to the Bank of Russia taking into account allowances to capital adequacy of credit institution during their action;

treat classification groups 1 or 2 according to the Instruction of the Bank of Russia of April 3, 2017 No. 4336-U "About assessment of economic situation of banks", the registered Ministry of Justice of the Russian Federation on May 19, 2017 No. 46771, as of date of submission of information by the investor to the Bank of Russia and before approval date the Bank of Russia of the plan of participation of the Bank of Russia in which the investor will be determined (and not to have substantial risks in the current activities which according to preventive and (or) enforcement powers of impact can entail emergence of the bases for reference in other classification group);

not have overdue monetary commitments before the Bank of Russia, including on the credits of the Bank of Russia and percent on them, as of date of submission of information by the investor to the Bank of Russia;

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