INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 12, 2017 No. 4466-U

About technique of assessment of sufficiency of property of bank which is carried out by the Bank of Russia for implementation of settlement of its obligations

This Instruction based on Item 5 of article 189.47-1 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 technique of assessment of sufficiency of property of bank which is carried out by the Bank of Russia for implementation of settlement of its obligations (further - the Technique).

1. Assessment of sufficiency of property of bank for implementation of settlement of its obligations is carried out by the Bank of Russia according to the Technique stated in annex 1 to this Instruction.

Results of assessment which is carried out by the Bank of Russia are grouped according to appendices 2 - 4 to this Instruction.

The minimum quantity of loans in selection for the purposes of assessment is determined according to appendix 5 to this Instruction.

2. This Instruction becomes effective after 10 days after day of its official publication.

Appendix 1

to the Instruction of the Bank of Russia of July 12, 2017 No. 4466-U "About technique of assessment of sufficiency of property of bank which is carried out by the Bank of Russia for implementation of settlement of its obligations"

Technique of assessment of sufficiency of property of bank which is carried out by the Bank of Russia for implementation of settlement of its obligations

Chapter 1. General provisions

1.1. The technique includes approaches to assessment of property (assets) and obligations of bank and cost determination of property (assets) and obligations of bank.

1.2. Assessment is carried out by bank representatives of Russia whose part of group representatives of "Managing Company of Fund of Consolidation of Banking Sector" limited liability company can be (further - representatives).

1.3. Assessment is carried out for the purposes of the analysis of financial position of bank and determination of sufficiency of property of bank for implementation of settlement of its obligations.

1.4. During assessment are performed:

refining of the property value (assets) calculated based on data of accounting (financial) records of the bank taking into account depreciation created by bank of reserve on possible losses or the added revaluation (further - the current value of property (assets) determined by bank), and the cost determined during assessment, taking into account need of execution of contingent obligation of bank based on supporting documents and value adjustment of contingent obligation of bank (further - the acknowledged cost of contingent obligations) on the amount of nedoformirovanny reserve on possible losses (not additionally accrued revaluation) in case of identification of violations of requirements of the legislation of the Russian Federation and (or) regulations of the Bank of Russia, and also the instructions of the Bank of Russia sent to bank;

change of current value of property (assets) or the cost of contingent obligation reflected in the corresponding off-balance accounts of the reporting under the form 0409101 "The turnover sheet on accounts of financial accounting of credit institutions" established by appendix 1 to 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", to No. registered by the Ministry of Justice of the Russian Federation on December 14, 2016 44718, on March 29, 2017 No. 46155 (further - the Instruction No. 4212-U) (further - the cost of contingent obligation), and also the reporting under form 0409101 "The turnover sheet on accounts of financial accounting of the credit institutions" of cost (further - book value) obligations of bank considered on balance and off-balance sheet accounts of financial accounting reflected in the corresponding balance sheet accounts performed based on this Technique (further - value adjustment of property (assets) and obligations of bank).

1.5. Assessment is performed according to this Technique as of the date of assessment determined by representatives taking into account need of receipt of the most urgent and reliable assessment.

1.6. The group of property (assets) and obligations of bank for date of assessment according to the table "Property Value (Assets) of Bank for Date of Assessment" (appendix 2 to this Instruction), the table "The Cost of Obligations of Bank for Date of Assessment" (appendix 3 to this Instruction) and the table "The Cost of Contingent Obligations of Bank for Date of Assessment" (appendix 4 to this Instruction) is performed taking into account:

Provisions of the Bank of Russia of February 27, 2017 No. 579-P "About the Chart of accounts of financial accounting for credit institutions and procedure for its application", No. 46021 registered by the Ministry of Justice of the Russian Federation on March 20, 2017 (further - the Provision of the Bank of Russia No. 579-P);

Provisions 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", No. 47384 registered by the Ministry of Justice of the Russian Federation on July 12, 2017 (further - the Provision of the Bank of Russia No. 590-P);

Provisions of the Bank of Russia of March 20, 2006 No. 283-P "About procedure for forming by credit institutions of reserves on possible losses", No. registered by the Ministry of Justice of the Russian Federation on April 25, 2006 7741, on July 2, 2007 No. 9739, on December 6, 2007 No. 10639, on September 10, 2008 No. 12260, on August 5, 2009 No. 14477, on December 17, 2009 No. 15670, on May 24, 2011 No. 20837, on December 21, 2011 No. 22714, on December 18, 2012 No. 26162, on December 11, 2013 No. 30582, on October 20, 2014 No. 34363, on September 25, 2015 No. 39003, on August 26, 2016 No. 43443 (further - the Provision of the Bank of Russia No. 283-P);

the reporting of bank established by appendix 1 to the Instruction of the Bank of Russia No. 4212-U including:

reporting under form 0409101 "The turnover sheet on accounts of financial accounting of credit institution";

reporting under form 0409115 "Information on quality of assets of credit institution (banking group)";

the reporting under form 0409116 "Data on the securities acquired by credit institution";

reporting under form 0409155 "Data on contingent obligations of credit nature and derivative financial instruments";

the reporting under form 0409302 "Data on the placed and raised funds";

the reporting under form 0409303 "Data on the loans provided to legal entities";

the reporting under form 0409345 "Data on daily remaining balance of the money of the physical persons placed in deposits which are subject to insurance".

1.7. According to this Technique assessment needs to be performed concerning assets of bank, components at least 70 percent of book value of all assets of bank.

Assets, components more than 5 percent of the size of own means (capital) of bank specified in the reporting under form 0409123 "Calculation of own means (capital) ("Basel III")", established by appendix 1 to the Instruction of the Bank of Russia No. 4212-U, as of the last reporting date preceding date of assessment are subject to assessment in full (in the presence of opportunity). If the size of own means (capital) of bank for the specified date has negative value, for determination of these assets the size of own funds (capital) of bank for the last reporting date preceding date of assessment when the size of own means (capital) of bank had positive value is used and standard rates of sufficiency of own means (capital) of bank were observed.

Approaches to determination of selection of assets which are estimated on portfolio basis, are stated in Item 2.3 of this Technique.

Need of assessment of obligations (including contingent obligations) bank and their selection are determined during evaluating taking into account specific circumstances and the available information on violations of the law of the Russian Federation.

Chapter 2. Assessment of property (assets) and obligations of bank

2.1. For the purpose of the analysis of accomplishment by bank of requirements of regulations of the Bank of Russia observance of requirements of the Provision of the Bank of Russia No. 590-P, the Provision of the Bank of Russia No. 283-P, the Instruction of the Bank of Russia of November 17, 2011 No. 2732-U "About features of forming by credit institutions of reserve is checked for possible losses on transactions with securities, the rights to which make sure depositaries", No. registered by the Ministry of Justice of the Russian Federation on December 12, 2011 22544, on August 1, 2012 No. 25070, on December 11, 2014 No. 35134, on December 18, 2015 No. 40170 (further - the Instruction of the Bank of Russia No. 2732-U), Instructions of the Bank of Russia of June 22, 2005 No. 1584-U "About forming and the size of reserve on possible losses under transactions of credit institutions with residents of offshore zones", No. 6799 registered by the Ministry of Justice of the Russian Federation on July 15, 2005 (further - regulations of the Bank of Russia).

The analysis of accomplishment by bank of requirements of regulations of the Bank of Russia is carried out including taking into account analysis results of the last acts of checks of bank for date of assessment which subject joined questions of quality evaluation of assets and liabilities of bank and the measures applied to it.

On analysis results conclusions about accomplishment (failure to carry out) by bank of the requirements established by regulations of the Bank of Russia are drawn.

Data of the analysis on property (assets) of bank are grouped in columns 8 and 9 of the table "Property Value (Assets) of Bank for Date of Assessment" (appendix 2 to this Instruction).

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