Russian Federation On Amendments and Additions to the Law of the RSFSR "On banks and banking activities in the RSFSR" Adopted by the State Duma on 7 July 1995 Approved by the Federation Council on 21 July 1995 08.07.99 99 N 137-FZ; dated 28.07.2004. N 84-FZ; dated 29.12.2006 N 246-FZ) C t I am 1. To amend the RSFSR Act on Banks and Banking Activities in the RSFSR (Statements of Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation of the Russian Federation, 1992, 391; N 34, sect. (1966) changes and additions, as follows: " FEDERAL LAW Banking and banking CHAPTER I. GENERAL PROVISIONS Article 1. The main concepts of this Federal Law are the Credit Organization, a legal entity, which, in order to profit as the main purpose of its activity on the basis of a special permit (license) of the Central Bank of Russia The Federation (Bank of Russia) has the right to carry out banking operations provided for by this Federal Law. The credit institution is formed on the basis of any form of ownership as an economic society. The Bank is a credit institution, which has the exclusive right to carry out the following banking transactions: attraction of funds of individuals and legal entities, placement of specified funds on its own behalf and on condition of return, plicity, urgency, opening and maintenance of bank accounts of natural and legal persons. Non-bank credit organization is a credit institution with the right to carry out individual banking operations as provided for by this Federal Law. The Bank of Russia sets the permissible combinations of banking operations for non-bank credit institutions. Foreign bank, which is recognized as such under the laws of the foreign State on whose territory it is registered. Article 2: Banking system of the Russian Federation and legal regulation of banking activity Banking system of the Russian Federation includes the Bank of Russia, credit organizations, and branches and Foreign offices. Legal regulation of banking activities is implemented by the Constitution of the Russian Federation, by this Federal Act, Federal Law , other federal laws and regulations of the Bank of Russia. Article 3. Associations and associations of credit organizations Credit organizations can form alliances and associations that do not pursue profit, protect and represent the interests of their members, coordinate their activities, and promote development Interregional and international relations, satisfaction of scientific, informational and professional interests, elaboration of recommendations on the implementation of banking activities and the resolution of other joint tasks of the credit institutions. Credit organizations ' associations and associations are prohibited from carrying out banking operations. The Union and Association of Credit Organizations are established and registered in accordance with the procedure established by the legislation of the Russian Federation for non-profit organizations. The unions and associations of credit organizations notify the Bank of Russia about their creation within one month after registration. Article 4. Groups of credit organizations and holdings Group of credit organizations are formed to solve joint tasks (joint implementation of banking transactions) by concluding a relevant agreement between two or more credit institutions organizations. Holding is formed by obtaining a credit organization (the main credit institution) because of the prevailing participation in the charter capital of one or more lending organizations, or according to prisoners with one or more a number of credit institutions in the treaty can determine the decisions taken by the credit institutions. Article 5. Bank operations and other transactions of the credit organization Bank operations are: 1) Attracting the funds of individuals and entities to deposits (before and for a certain time); (2) the placement of the first part of this article in paragraph 1 of this article and at its own expense; 3) the opening and maintenance of bank accounts of natural and legal persons; 4) on behalf of individuals and legal entities, including correspondent banks, Bank accounts; 5) collection of funds, promissory notes, payment and settlement documents, and cash services of natural and legal persons; 6) sales of foreign currency in cash and non-cash forms; 7) Attracting and placing precious metals; 8) issuing bank guarantees. Credit organization is entitled to perform the following transactions in addition to those listed in the first part of this article: 1) to suretyship for third parties, which provides for the performance of obligations in the currency. form; 2) acquisition of the right to demand from third persons the execution of obligations in cash form; 3) trustful administration of cash and other assets under a contract with individuals and legal entities; 4) Precious metal and precious operations In accordance with the legislation of the Russian Federation; 5) lease to physical and legal persons of special premises or safe deposit boxes for documents and values; 6) Leasing operations; 7) advisory and information services. The credit institution has the right to carry out other transactions in accordance with the legislation of the Russian Federation. All banking transactions and other transactions are carried out in rubles, and if there is a corresponding license of the Bank of Russia-in foreign currency. Regulations on the implementation of banking operations, including the rules of their logistical support, are established by the Bank of Russia in accordance with federal laws. The Credit Organization is prohibited from manufacturing, trade, and insurance activities. Article 6. The Bank of Russia Bank has the right to issue, buy, sell, record, store and other transactions with securities in accordance with the Bank of Russia's banking license. of a payment document, with securities confirming the attraction of cash to deposits and bank accounts, with other securities, which do not require the receipt of a special licence in in accordance with federal laws and the right to carry out Trusted management of specified securities with physical and legal entities. The Credit Organization has the right to carry out professional activities in the securities market in accordance with federal laws. Article 7. The name of the credit institution Credit Organization has a firm (full official) name in Russian, may have a name in another language of the peoples of the Russian Federation, abbreviated name and name on Foreign language. A credit organization has a stamp with its brand name. The name of the credit institution should include an indication of the nature of the activity of that legal person by using the words "bank" or "non-bank credit organization", as well as pointing to it form of organizational and legal form. " The Bank of Russia is obliged to prohibit the use of the name of a credit institution when considering the application for registration of a credit institution, if the intended name is already contained in the Book of State Registration of Credit. organizations. The use of the words "Russia", "Russian Federation", "State", "federal" and "central" in the name of the credit organization is permitted in the manner determined by the legislative acts of the Russian Federation. THE RUSSIAN FEDERATION No legal entity in the Russian Federation, with the exception of the licensed banking licence from the Bank of Russia, may use the word "bank", "credit institution" or otherwise in its name. indicate that the legal person is entitled to banking transactions. Article 8. Provision of information on the activities of the Credit Organization When banking transactions are carried out, the credit institution is obliged to grant a license to the bank upon request of a natural or legal person Bank transactions, financial statements (balance sheet and profit and loss statement) and audit report for the previous year, as well as monthly accounting balances for the current year. The credit institution is responsible under this Federal Act for the introduction of persons and legal entities by not providing information or by providing incorrect or incomplete information. Other federal laws. Article 9. The relationship between a credit institution and a State Credit organization does not meet the obligations of the state. The State does not meet the obligations of the credit institution, unless the State itself has accepted such obligations. The credit organization does not meet the Bank of Russia's obligations. " The Bank of Russia does not meet the obligations of the credit institution, unless the Bank of Russia has made such commitments. The legislative and executive authorities and local authorities are not entitled to interfere in the activities of credit organizations, except in cases provided for by federal laws. The credit organization may carry out specific instructions from the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation and the local authorities. Governments, the federal budget, the federal budget and the local budgets, and the federal budget for the implementation of the federal budget and the federal budget for the implementation of the federal budget Regional programmes. The treaty should contain the mutual obligations of the parties and provide for their liability, conditions and forms of control over the use of the budget. A Credit organization may not be obliged to carry out activities not provided for in its constituent instruments, except in cases where the credit institution has accepted the relevant obligations or cases, provided by federal laws. Article 10. The Charter of Credit Organization Credit Organization has a charter approved in the manner prescribed by federal laws. The Charter of the credit organization should contain: 1) the firm (full official) name, as well as all other names established by this Federal Law; 2) an organizational and legal order form; 3) information about the location (postal address) of the controls and separate units; 4) a list of banking transactions and transactions in accordance with article 5 of this Federal Law; 5) the size of the authorized capital; 6) Information on the system of government, including the executive, and internal controls, on the procedure for their education and their powers; 7) other information provided for by federal laws for the statutes of legal persons of this type of an organizational and legal form. The credit institution is obliged to register in the Bank of Russia all amendments and additions to its charter. The Bank of Russia will make a decision on registration of amendments and additions to the charter of the credit institution within one month from the date of submission of all appropriate documents. Article 11. The authorized capital of the credit institution The authorized capital of the credit institution is drawn from the value of its participants and determines the minimum size of the property to guarantee the interests of its creditors. The Bank of Russia sets the limit of non-monetary part in the authorized capital of credit organizations, as well as the minimum size of the statutory capital of the newly registered credit institutions. The regulation of the minimum authorized capital may be fixed according to the type of credit institution. The decision of the Bank of Russia to change the minimum size of the authorized capital shall enter into force not earlier than 90 days after its official publication. For newly registered credit institutions, the Bank of Russia applies the minimum amount of the authorized capital in effect on the day the documents are submitted for registration and obtaining a license. The Bank of Russia does not have the right to require the previously registered credit organizations to change their authorized capital. It cannot be used to form the authorized capital of the credit institution. The federal budget and state off-budget funds, free funds and other objects of property administered by the federal government cannot be used for the formation authorized capital of the credit institution, except in cases provided for by federal laws. OF THE PRESIDENT OF THE RUSSIAN FEDERATION self-government may be used to form the authorized capital of the credit institution on the basis of the legislation of the subject of the Russian Federation or the decision of the local self-government body in accordance with the procedure stipulated by the law. by this Federal Law and other federal laws. Purchase as a result of one or more transactions by one legal or natural person or by a group of legal entities and (or) natural persons bound by an agreement or a group of legal entities that are children or More than 5 percent of the shares (shares) of the credit institution require the notification of the Bank of Russia, more than 20 percent-the prior approval of the Bank of Russia. The Bank of Russia shall inform the applicant in writing of its decision not later than 30 days from the receipt of the application. Refusal to be motivated. In case the Bank of Russia did not inform about the decision taken within that period, the transaction of the sale of shares (shares) of the credit institution is considered to be permissible. The Bank of Russia has the right to refuse to give consent to the transaction of purchase and sale of more than 20 percent of the shares (shares) of the credit institution in determining the unsatisfactory financial situation of the shareholders (shares), violation -Antimonopoly regulations and in other cases provided for by federal laws. The bank's founders are not authorized to withdraw from the bank within the first three years of the bank's registration. Chapter II. { \b RECORDING REGISTRATION OF CREDIT } AND LICENSE BANK OPERATIONS Article 12. State registration of credit organizations and their issuing of licenses to banking operations Credit organizations are subject to state registration in the Bank of Russia. The Bank of Russia conducts state registration of credit institutions and maintains the Book of State Registration of Credit Organizations. The registration of credit organizations will be charged in the amount determined by the Bank of Russia, but not more than 1 per cent of the authorized capital of the credit institution. This fee comes to the federal budget. The license for bank operations of a credit institution is issued after its state registration in the manner prescribed by this Federal Law. Credit organizations get the right to carry out banking operations from the moment of obtaining a license issued by the Bank of Russia. Article 13. Licensing of banking transactions Bank transactions are performed only on the basis of a licence issued by the Bank of Russia in accordance with the procedure established by this Federal Law. Licences issued by the Bank of Russia are taken into account in the register of issued banking licenses. The Bank of Russia's register of licenses issued to credit organizations is subject to publication by the Bank of Russia (Bank of Russia) at least once a year. Changes and additions to the register are published by the Bank of Russia within one month from the date of their registration. The Banking Licenses shall specify the banking transactions for which the credit institution is entitled, as well as the currency in which these banking transactions can be carried out. The license to carry out banking transactions is granted without limitation of its validity. Implementation by a legal person of bank transactions without a licence entails the recovery from such a legal entity of the full amount obtained as a result of the transaction, as well as the recovery of a fine of double that amount. Amounts in the federal budget. Legal action is taken by the prosecutor, the relevant federal executive authority, authorized by the federal law or the Bank of Russia. The Bank of Russia has the right to bring an arbitration case against a legal entity that is carrying out banking operations without a license. Citizens who illegally carry out banking operations shall incur civil, administrative or criminal liability in accordance with the law. Article 14. Documents required for the state registration of credit organization and receipt of the banking license For the state registration of the credit institution and obtaining a license for Bank operations are presented as follows: 1) application for state registration of credit institution and issuance of a banking licence; 2) constituent instrument The treaty, if it is provided for by a federal law; 3) tired; 4) the protocol of the founding meeting on the adoption of the charter and the confirmation of candidates for appointment to executive heads and the chief accountant; 5) a certificate of payment State duty; 6) copies of the certificates of state registration of founders-legal entities, audit certificates on the reliability of their financial statements, as well as confirmation by the authorities of the State Tax Service OF THE PRESIDENT OF THE RUSSIAN FEDERATION before the federal budget, the budgets of the constituent entities of the Russian Federation and the local budgets for the last three years; 7) declarations on the income of the founders-individuals, certified by the State Tax Service of the Russian Federation Federation, confirming the origin of funds contributed to the authorized capital of the credit institution; 8) of the candidates for the posts of executive heads of the executive bodies and the chief accountant of the credit institution and containing information: having the highest Legal or economic education (with a copy of a diploma or a replacement document) and the experience of management by a department or other unit of a credit institution involved in banking operations for at least one year, and In the absence of special education, the experience of leading such a unit for at least two years; whether there is a criminal record. Article 15. The procedure for the state registration of a credit for the organization and issuance of a license for the implementation of banking operations When presenting the documents listed in article 14 of this Federal Law, the Bank of Russia shall give the founders of the credit institution a written confirmation of receipt of the documents necessary for the state registration of the credit institution and obtaining a license to carry out banking operations. A decision on the State registration of a credit institution and the issuance of a banking licence or a waiver shall be made within a period not exceeding six months from the date of submission of all scheduled transactions. by the present Federal Law of Documents. After the Bank of Russia took a decision on the state registration of the credit institution and issuance of a license to carry out banking operations, the Bank of Russia will inform the founders of the credit institution within three days. The requirement to pay 100 per cent of its declared authorized capital within a month and shall issue to the founders a certificate of state registration of the credit institution. Unpaid or incomplete payment of authorized capital within a fixed period of time is the basis for cancellation of the decision on state registration of the credit institution. The Bank of Russia opens the registered bank and, if necessary, the non-bank credit institution of the Bank of Russia. The recvisits of the correspondent account are specified in the notification of the Bank of Russia on the state registration of the credit institution and issuance of a license for the conduct of banking operations. The Bank of Russia issues a license for banking operations within three days when presenting documents proving the payment of 100 percent of the authorized capital of the credit institution. The credit institution is obliged to inform the Bank of Russia of all changes in the personal composition of executive bodies and the replacement of the chief accountant within two weeks from the date of such decision. The appointment of a new head and (or) a chief accountant must contain the information required by article 14, paragraph 8, of this Federal Act. The Bank of Russia shall give consent for the said appointments within one month or submit a reasoned refusal in writing on the grounds provided for in article 16 of this Federal Law. Article 16. Grounds and rules of refusal of state registration of credit organization and issuance banking license Refusal of the state registration of a credit institution and issuance of a license for Bank operations are permitted only on the following grounds: (1) the qualification requirements for the proposed candidates for executive and/or chief executive positions an accountant. The qualification requirements for these persons are understood to mean that they do not have the highest legal or economic background and the experience of management of the department or other unit of the credit institution, Banking-related transactions, or the experience of management of such a unit for at least two years; criminal conviction for crimes against property, economic and official crimes; committed during the year of an administrative offence in the Trade and finance established by an enforceable resolution of the authority competent to deal with cases of administrative offences; the existence within the last two years of the acts of avoidance with these persons An employment contract (contract) at the initiative of the Administration on the grounds provided for in article 254, paragraph 2, of the Labour Code of the Russian Federation; 2) unsatisfactory financial situation of the founders of the credit institution or Non-fulfilment of their obligations to the federal budget, budgets of the Russian Federation and local budgets over the last three years; 3) the lack of conformity of documents submitted for state registration of credit institution and obtaining a license to the requirements of federal laws. The decision on refusal of state registration and issuance of the license is communicated to the founders of the credit institution in writing and must be motivated. Refusal to register and issue a licence by the Bank of Russia may be appealed to the arbitral tribunal within the prescribed term of the relevant decision. Article 17. State registration of credit organization with foreign investments and branch of a foreign bank and issue of licenses for banking operations For state registration In addition to the documents referred to in article 14 of this Federal Act, a credit institution with foreign investments and a branch of a foreign bank is additionally provided to the appropriate The following documents have been issued: Foreign legal entity represents: 1) a decision to participate in the creation of a credit institution in the territory of the Russian Federation or the opening of a branch of the bank; 2) a document confirming registration Legal person, and balance sheets for the previous three years, confirmed by an audit certificate; 3) written consent of the appropriate controlling authority of the country of his or her place of participation in the establishment of the credit institution in the territory OF THE PRESIDENT OF THE RUSSIAN FEDERATION Authorization is required under the law of the host country. The foreign natural person represents confirmation by a foreign bank of this person's first-rate (in accordance with international practice). Article 18. Additional requirements for the creation and activity of credit organizations with foreign investments and branches foreign banks Size (quota) of foreign capital participation in the banking system The Russian Federation shall be established by a federal law at the proposal of the Government of the Russian Federation, agreed upon with the Bank of Russia. The quota is calculated as the ratio of total capital owned by non-residents in the charter capital of credit institutions with foreign investments, and the capital of foreign banks ' branches to the total charter capital of credit institutions. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Bank of Russia will stop issuing licenses to banks with foreign investments, branches of foreign banks when reaching the quota. (Paragraph 1 of article 1 is no more effective: Federal Law { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } December 29, 2006 } N 246-FZ The Bank of Russia has the right to impose a ban on the increase of the authorized capital of a credit institution with funds from non-residents and the alienation of shares (shares) in favour of non-residents if the result of the said action The Russian banking system has exceeded the quota of foreign capital participation in the Russian banking system. (Paragraph 1 of Article 1 of Article 1 is no more valid-Federal Law No. The Bank of Russia has the right, in coordination with the Government of the Russian Federation, to impose restrictions on the implementation of banking restrictions on foreign investment banks and foreign banks. In the case of foreign banks with Russian investments and branches of Russian banks, operations are subject to restrictions in their establishment and activities. The Bank of Russia has the right to establish in the procedure established by the Federal Law "On the Central Bank of the Russian Federation" (Bank of Russia). Russia) ", additional requirements for credit institutions with foreign investments and branches of foreign banks on mandatory standards, the procedure for reporting, approval of the composition of the guide and the list of existing ones," the statement said. transactions, as well as the minimum size The statutory capital of the newly registered credit institutions with foreign investments and the minimum size of the capital of the newly registered branches of foreign banks. Article 19. Bank of Russia measures of the Bank of Russia in case of violation of the credit by the organization of federal laws and regulations acts of the Bank of Russia In case of violation of federal laws, regulations and rules Bank of Russia acts and regulations, mandatory regulations, non-submission of information, incomplete or inaccurate information, as well as actions that present a real threat to the interests of depositors and creditors, the Bank Russia has the right to apply supervision to a credit institution. Measures established by the Federal Law "On the Central Bank of the Russian Federation (Central Bank of the Russian Federation)" Article 20. The grounds for revoking license for banking operations Bank of Russia may revoke the license for banking transactions in cases of: 1) establishment of unreliability of information, on the basis of that have been granted a license; 2) delaying the start of banking transactions under the license for more than a year since the license was issued; 3) the fact that the reporting data is not reliable; 4) of the implementation of the Convention, including the one- The Bank of Russia's license for the bank's failure to comply with the requirements of the federal laws regulating banking activity, as well as Bank of Russia regulations, if in the course of the year the measures envisaged in the Bank of Russia were applied repeatedly to the credit institution. Federal Law No. "On the Central Bank of the Russian Federation (Central Bank of the Russian Federation)"; 6) of the unsatisfactory financial situation the Organization, the failure to fulfil its obligations to The creditors and the creditors, who are the basis for filing an application for the commencement of the insolvency (bankruptcy) proceedings of the credit institution. Withdrawal of the licence to carry out banking transactions on other grounds other than those provided for by this Federal Act is not permitted. The Bank of Russia has issued a notice of revocation of license for banking operations in the official publication of the Bank of Russia ("Bank of Russia") within one week from the date of the relevant decision. The Bank of Russia has the right to appeal to the arbitration court to liquidate it after the revocation of the license. Article 21. Consideration of disputes involving a credit organization Decisions and actions (inaction) of the Bank of Russia or its officials can be appealed by a credit institution to a court or arbitral tribunal in the order established by the Bank of Russia. Federal laws. The Bank of Russia has the right to apply to the Bank of Russia for decisions and actions (inaction) of the Bank of Russia, to which the Bank of Russia is obliged to provide a response on the substance of the issues in question within one month. Disputes between a credit institution and its clients (natural and legal persons) are resolved in the manner prescribed by federal laws. Article 22. Branches and offices of the credit organization The branch of the credit institution is its separate unit located outside the location of the credit institution and carrying out all or part of its name Banking operations stipulated by the Bank of Russia's license issued by the credit institution. The credit organization's representation is its separate unit located outside the location of the credit institution representing its interests and protecting them. The representative office of the credit institution is not authorized to carry out banking operations. Branches and Representations of Credit Organization are not legal entities and carry out their activities on the basis of provisions approved by the credit institution that created them. The heads of branches and offices are appointed by the head of the credit institution that created them and act on the basis of the power of attorney issued to them. The credit organization opens branches and representations in the territory of the Russian Federation since the notification of the Bank of Russia. The notification shall indicate the postal address of the branch office (s), its powers and functions, the details of the managers, the extent and nature of the operations planned, and the stamp and signature of its managers. The opening of branches of credit organizations will be charged in the amount determined by the Bank of Russia, but not more than 1,000 times the minimum wage. This fee comes to the federal budget. The Bank of Russia is registered by the Bank of Russia in accordance with the procedure established by the Bank of Russia. Article 23. The liquidation or reorganization of the credit organization liquidation or reorganization of the credit institution shall be carried out in accordance with federal laws, taking into account the requirements of this Federal Law. The Bank of Russia will be published in the Official Journal of the Russian Federation ("Bulletin of the Bank of Russia") within one month after the change to the book. State registration of credit institutions. Chapter III. COMPOSITION OF THE BANK OF THE BANK OF THE BANK OF THE SYSTEM, THE PROTECTION OF THE RIGHTS, THE CONTRIBUTION OF THE CONTRIBUTION OF THE CONTRIBUTION TO THE Ensuring the financial reliability of the credit organization In order to ensure financial reliability, the credit institution is obliged to create reserves (funds), including depreciation of securities, order of formation, and the use of which is established by the Bank of Russia. The minimum amount of reserves (funds) is established by the Bank of Russia. The amount of the contribution to reserves (funds) from income to taxation is set by federal tax laws. The credit institution is obliged to classify assets by allocating doubtful and bad debts and to create reserves (funds) to cover possible losses in the order established by the Bank of Russia. The credit institution is obliged to comply with the mandatory regulations established under the Federal Law on the Central Bank The Bank of Russia is established by the Bank of Russia in accordance with the Federal Law. The credit organization is obliged to organize internal controls, ensuring the appropriate level of reliability, the corresponding nature and scope of operations. Article 25. The Bank's mandatory reserves Bank is obligated to normalize mandatory reserves in the Bank of Russia, including on terms, volumes and types of funds attracted. The procedure for depositing compulsory reserves is determined by the Bank of Russia in accordance with the Federal Law "On the Central Bank of the Russian Federation" (the Bank of Russia). Russia). The Bank is obliged to have an account in the Bank of Russia to keep mandatory reserves. The Bank of Russia sets the procedure for opening the said account and its operations. Article 26. Bank secrecy The Bank of Russia guarantees the secrecy about transactions, accounts and deposits of its customers and correspondents. All employees of the credit institution are obliged to keep a secret about the transactions, accounts and deposits of its clients and correspondents, as well as about other details established by the credit institution, if this is not contrary to the federal law. Help for operations and accounts of legal entities and citizens who engage in business activities without forming a legal entity are issued by the credit institution to them, the courts and arbitral tribunals (judges), the Court of Auditors OF THE PRESIDENT OF THE RUSSIAN FEDERATION investigation of the cases in which they were produced. Help on the accounts and deposits of individuals is issued by the credit institution to them, to the courts, and with the consent of the procurator to the preliminary investigation of the cases in their proceedings. Help on accounts and deposits in case of death of their owners are issued by a credit institution to the persons identified by the owner of the account or contribution to the credit institution's testamentary disposition, the notary's offices in their possession The production of investigative cases on deposits of deceased depositors, and the accounts of foreign citizens-foreign consular offices. The Bank of Russia may not disclose information about the accounts, deposits, and details of specific transactions and transactions from the reports of credit institutions that it has received as a result of the licensing, supervision and control functions, the exception of cases provided for by federal laws. Audit organizations are not entitled to disclose to third parties transactions, accounts and deposits of credit organizations, their clients and correspondents received during their audits, except as provided for in Federal laws. For disclosure of bank secrecy, the Bank of Russia, credit, auditing and other organizations, as well as their officials and their employees, are responsible, including compensation for the damage caused, in the manner prescribed by the federal law. Article 27. Imposition of arrest and recovery on money and other values in a credit institution For money and other values of legal entities and individuals in accounts and in Deposits or deposits in a credit institution may be seized by a court or an arbitral tribunal, a judge and also by order of the preliminary investigation authorities, subject to the approval of the prosecutor. When freezing funds held in accounts and deposits, the credit institution immediately upon receipt of the seizure decision terminates the expense of the account (contribution) within the limits of funds, who have been arrested. Cash and other values of individuals and entities held in accounts and deposits or deposits in a credit institution may only be made on the basis of executive documents in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Bank of Russia shall not be liable for damage caused by the seizure or recovery of funds and other valuables of their clients, except in cases provided for by law. The confiscation of funds and other valuations may be effected on the basis of a court judgement which has entered into force. CHAPTER IV. INTERBANK RELATIONS AND MAINTENANCE Article 28. Interbank operations Credit organizations on a contractual basis may attract and host other funds in the form of deposits (deposits), loans, settlements through established settlement centres, and Correspondence accounts opened by each other and to perform other mutual transactions stipulated by the licenses issued by the Bank of Russia. The credit institution informs the Bank of Russia about newly opened correspondent accounts in the territory of the Russian Federation and abroad. Correspondent relations between the credit institution and the Bank of Russia are conducted on a contractual start. Write-off of the credit institution's accounts is ordered either with its consent or with the exception of the cases provided for by the federal law. If there is a shortage of funds to carry out lending to clients and fulfill the obligations assumed, the credit institution may apply for loans to the Bank of Russia under its conditions. Article 29. Interest rates on loans, deposits (deposits) and commissions on credit institution operations Interest rates on loans, deposits (deposits), and transaction fees are established by the credit institution by agreement with the clients, unless otherwise provided by the federal law. The credit organization does not have the right to unilaterally change interest rates on loans, deposits (deposits), commissions, and the duration of these contracts with clients, except as provided for in a federal law or a contract with a client. Article 30. The relations between the Bank of Russia, credit institutions and their clients Relations between the Bank of Russia, credit organizations and their clients are carried out on the basis of treaties, unless otherwise provided by the federal law. The contract should specify interest rates on loans and deposits (deposits), the cost of banking services and the time frame for their execution, including the timing of processing of payment documents, the property liability of the parties for violations The Conference of the Parties, Customers have the right to open the number of estimated, deposit and other accounts in any currency in banks with their consent, unless otherwise provided by federal law. The Bank of Russia is established by the Bank of Russia in accordance with federal laws in accordance with the procedure for opening, maintaining and closing bank accounts of clients in rubles and foreign currency. Members of the credit institution do not have any advantage in considering the receipt of a loan or other banking services, unless otherwise provided by federal law. Article 31. The credit institution's calculation is based on the rules, forms and standards set by the Bank of Russia; in the absence of rules for certain types of payments, the Bank of Russia is not authorized to conduct separate payments. In the conduct of international payments, in accordance with the procedure established by the federal laws and regulations adopted in international banking practice. Credit Organization, Bank of Russia is obliged to carry out the transfer of funds to the client and deposit to his account no later than the following operating day after receipt of the corresponding payment document, unless otherwise specified by a federal law, a treaty or a payment document. In the case of late or incorrect entry into account or cancellation of a customer's account, the Bank of Russia pays interest on the amount of these funds at the rate of refinancing of the Bank of Russia. Article 32. The Anti-Monopoly Rules Credit Organizations are not allowed to enter into agreements and take concerted action to monopolize the banking market, as well as to limit competition in banking. The acquisition of shares (shares) of credit organizations, as well as the conclusion of agreements providing for the supervision of the activities of credit organizations (groups of credit organizations) should not contradict the antitrust rules. The State Committee of the Russian Federation for Antimonopoly Policy and Support of the New Economic Struct, together with the Bank of Russia, monitors compliance with antitrust regulations in the sphere of banking services. Article 33. Credit loans provided by the bank may be secured by immovable and movable property, including government and other securities, bank guarantees and other means provided by the bank. by federal laws or by a treaty. If the borrower violates the obligations under the contract, the bank may take ahead of schedule the loans granted and interest accrued on them, if it is provided for by the contract, and also to foreclosed the foreclosed property. established by federal law. Article 34. Declaring debtors insolvent (bankrupt) and repaying the debt , the Credit Organization is obliged to take all measures under the Russian Federation's legislation to recover the debt. The credit institution is entitled to appeal to the arbitral tribunal to commence insolvency proceedings (bankruptcy) against debtors who are not in compliance with their obligation to settle debts, in accordance with the established procedure. federal law. CHAPTER V. FILLING, REPRESENTATION AND ARRANGEMENTS OF THE CREDIT OF THE MEDITERRANEAN AND IN THE TERRITORY OF THE UNITED STATES Article 35. Branches, branches and subsidiaries of the organization of a credit institution on the territory of a foreign state The credit organization may, with the permission of the Bank of Russia, create in the territory of a foreign country. State branches and after the notification of the Bank of Russia-representation. The credit institution may, in accordance with the Bank of Russia's requirements, have child organizations in the territory of a foreign state. The Bank of Russia shall, no later than three months from the date of receipt of the application, inform the applicant in writing of its decision-consent or refusal. Refusal to be motivated. In case the Bank of Russia has not informed about the decision taken within that period, the relevant permission of the Bank of Russia is considered to be received. Chapter VI: REFERENDUM Article 36. Bank deposits of individuals Contribution-money in the currency of the Russian Federation or foreign currency hosted by individuals for storage and income. The contribution income is paid in cash as a percentage. The deposit shall be returned to the contributor at its first request in the manner prescribed for the contribution of this type by the federal law and the relevant treaty. Deposits are accepted only by banks that have such a license under a license issued by the Bank of Russia. Banks ensure the preservation of deposits and the timeliness of fulfilling their obligations to depositors. The inclusion of funds in deposits shall be in writing in two copies, one of which shall be issued to the depositor. The right to bring money from individuals is granted to banks, whose state registration date has been at least two years. When banks merge, the specified period is calculated on the bank that has an earlier date of state registration. When the bank is converted, the specified time period is not interrupted. Persistence and return of the deposits of individuals in banks established by the state and banks in which more than 50 per cent of voting shares (shares) belong to the state, are guaranteed by the state in the manner provided for by the State Federal laws. Article 37. Depositors of the bank may be citizens of the Russian Federation, foreign citizens and stateless persons. Stackers are free to select a bank to deposit their money and can have deposits in one or more banks. Depositors can manage deposits, receive income from deposits, make non-cash payments in accordance with the treaty. Article 38. Federal Insurance Fund deposits The Federal Compulsory Insurance Fund is established to guarantee the return of funds held by banks and to compensate for loss of income. Contributions. The Bank of Russia and banks that attract citizens ' funds are the participants of the Federal Deposit Insurance Fund. The federal law defines the procedure for the establishment, formation and use of the funds of the Federal Compulsory Deposit Insurance Fund. Article 39. Voluntary Deposit Insurance Funds Banks have the right to establish voluntary deposit insurance funds to ensure the return of deposits and the payment of their income. Voluntary deposit insurance funds are established as not-for-profit organizations. The number of banks-founders of the voluntary deposit insurance fund should be at least five with the total charter capital of at least 20 times the minimum amount of the authorized capital established by the Bank of Russia for the banks on the date Establishment of the fund. The procedures for the establishment, management and funds of voluntary deposit insurance are governed by their statutes and federal laws. The Bank is required to notify clients of their participation or non-participation in voluntary deposit insurance funds. In case of participation in the voluntary deposit insurance fund, the bank informs the client about the insurance conditions. Chapter VII. ACCOUNTS IN CREDIT OF CREDIT AND OVERSIGHT ACTIVITIES Article 40. Accounting rules in the credit organization Rules for accounting, financial and statistical reporting, and annual reports by credit organizations are established by the Bank Russia, taking into account international banking practice. Article 41. Supervision of credit institution's activity Supervision of credit institution activities is carried out by the Bank of Russia in accordance with federal laws. Article 42. Audit of the credit institution The activity of the credit institution is subject to an annual inspection by an audit organization, which is licensed under the laws of the Russian Federation to carry out such checks. Audit of the credit institution is carried out in accordance with the legislation of the Russian Federation. The audit organization is obliged to draw up a conclusion on the results of the audit, which contains information on the reliability of the financial statements of the credit institution and the fulfillment of its mandatory standards set by the Bank of Russia, the quality of the management of the credit institution, the state of internal control and other provisions determined by the federal laws and the charter of the credit institution. The audit report is sent to the Bank of Russia within three months from the date of submission to the Bank of Russia of the annual reports of the credit institution. Article 43. The credit organization's credit organization is reporting to the Bank of Russia about its activity in the form, order and deadlines set by the Bank of Russia. The credit institution publishes an annual report (including balance sheet and profit and loss statement) in the form and deadlines set by the Bank of Russia in the form and deadlines set by the Bank of Russia organization. If the bank owns more than 50 percent of voting shares (shares) of another bank, it represents the Bank of Russia in the form, order and deadlines set by the Bank of Russia, the consolidated reporting of its own of the activities and activities of subsidiary banks, which includes the consolidated balance sheet and the consolidated profit and loss statement. ". C a I am 2. Before the adoption of the federal law establishing the order of registration non-profit organizations, registration of unions and associations of credit institutions shall be made by the organs of justice in the manner determined for public associations. C but I am 3. For the period up to 1 January 1996, branches of foreign banks, as well as credit organizations, in the charter capital of which foreign investments account for more than 50 per cent, without a licence to carry out banking transactions, as of 1 January In 1995, banking transactions are carried out only with non-resident natural and legal persons. C t I am 4. The Government of the Russian Federation and the Bank of Russia, within three months from the date of the entry into force of this Federal Law, to draft and submit to the State Duma a draft federal law on compulsory labour law, Citizens ' deposit insurance. C but I am 5. Credit organizations carry out professional activities in the securities market in accordance with the Bank of Russia's license until the issue is settled by the Federal Law on the Securities Market. C t I am 6. Article 36 of the Federal Law "On Banks and Banking Activities" does not apply to the activities of banks that carry out Attracting the funds of citizens on the day of the entry into force of this Federal Law. C t I am 7. The trustful administration of the funds under a contract with natural and legal persons may be carried out by non-credit organizations only on the basis of a licence issued in the manner prescribed by federal law. Article 8: Individual banking transactions by the Federal Postal Service are governed by a special federal law. (...) (...) N 137-FZ; dated 28.07.2004. N 84-FZ) C t I am 9. This law shall enter into force on the date of its official publication. President of the Russian Federation Yeltsin Moscow, Kremlin 3 February 1996 N 17-FZ