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Ministry of Justice

Russian Federation

On July 31, 2017 No. 47586

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 12, 2017 No. 4460-U

About procedure for development and approval of the plan of participation of the Bank of Russia by the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank, modification of the approved plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank, representation for consideration of Committee of banking supervision of the Bank of Russia and approval of the plan of participation of the Bank of Russia by the Board of directors of the Bank of Russia in settlement of obligations of bank, about structure of the report of "Managing Company of Fund of Consolidation of Banking Sector" limited liability company on the course of accomplishment of the actions provided by the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of bank and procedure for its submission to the Bank of Russia

(as amended of the Instruction of the Central bank of the Russian Federation of 06.12.2019 No. 5346-U)

This Instruction based on Items 3 and 5 of Article 189. 49, and also item 4 of article 189.51 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) (further - the Federal Law "About Insolvency (Bankruptcy)") establishes procedure for development and approval of the plan of participation of the Bank of Russia by 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), modification of the approved plan of participation of the Bank of Russia, representation for consideration of Committee of banking supervision of the Bank of Russia and approval of the plan of participation of the Bank of Russia by the Board of directors of the Bank of Russia in settlement of obligations of bank (further - the settlement plan of obligations), structure of the report of "Managing Company of Fund of Consolidation of Banking Sector" limited liability company (further - Managing company) about the course of accomplishment of the actions provided by the plan of participation of the Bank of Russia (further - the report of Managing company), and procedure for its submission to the Bank of Russia.

Chapter 1. Procedure for development and approval of the plan of participation of the Bank of Russia by the Bank of Russia, modification of the approved plan of participation of the Bank of Russia and representation for consideration of Committee of banking supervision of the Bank of Russia and approval of the settlement plan of obligations by the Board of directors of the Bank of Russia

1.1. The plan of participation of the Bank of Russia, including, if necessary, the schedule of step-by-step repayment of the amount of not paid in means of the required reserves deposited in the Bank of Russia (further - the schedule), it is prepared by Department of financial improvement of the Bank of Russia (further - Department of financial improvement).

1.2. For the purpose of plan development of participation of the Bank of Russia, including the schedule, the Department of financial improvement has the right to receive from structural divisions of the Bank of Russia, Managing company and temporary administration on bank management and to send information having essential value for plan development of participation of the Bank of Russia to their address.

Required information goes structural divisions of the Bank of Russia and Managing company to the Department of financial improvement in time established in the corresponding request of Department of financial improvement.

1.3. The department of financial improvement in time no later than 7 working days from the date of obtaining from structural divisions of the Bank of Russia and Managing company of information according to Item 1.2 of this Instruction sends to the Chairman of Committee of banking supervision of the Bank of Russia the plan of participation of the Bank of Russia, and also the report about removal at consideration of Committee of banking supervision of the Bank of Russia of the plan of participation of the Bank of Russia in which reasons for sufficiency of measures for the purposes of recovery of indicators of financial condition of bank to the values established by the Federal Laws and regulations of the Bank of Russia, and possibility of implementation of the proposed measures and also the offer on feasibility (inexpediency) of assignment on Managing company of functions of temporary administration on bank management, rendering financial aid by the Bank of Russia according to Item 8 or Item 12 of article 189.49 of the Federal law "About Insolvency (Bankruptcy)" are reflected.

If the plan of participation provides financial assistance according to Item 8 of article 189.49 of the Federal law "About Insolvency (Bankruptcy)", the report joins reasons for possibility of implementation of the proposed measures taking into account conditions of rendering financial aid by the Bank of Russia.

In need of the report information on possibility of provision to bank of delay (payment by installments) on entering of the amount of not paid in means into the required reserves deposited in the Bank of Russia and also about coordination of the scheduled plan joins. The report can also contain information of structural divisions of the Bank of Russia obtained according to Item 1.2 of this Instruction.

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