On Amendments And Additions To The Federal Act "on Banks And Banking Activities"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О банках и банковской деятельности"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102071600

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal Act "on banks and banking activity" adopted by the State Duma May 17, 2001 year approved by the Federation Council June 6, 2001 year Article 1. To amend the Federal law on banks and banking activities "(as amended by federal law from February 3, 1996 N 17-ФЗ) (statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 27, art. 357; Collection of laws of the Russian Federation, 1996, no. 6, art. 492; 1998, N 31, art. 3829; 1999, N 28, art. 3469) the following amendments and supplements: 1. Article 4 shall be amended as follows: "article 4. The banking group and the banking holding banking group which is not a legal entity recognized Association of credit institutions in which one (head) credit organization has directly or indirectly (through a third party) a significant impact on the decisions taken by the authorities of another (other) a credit institution (credit institutions).
Bank holding company which is not a legal entity recognized Association of legal persons, with the participation of credit institutions (credit institutions), in which the legal person who is not a credit institution (Organization of bank holding company), has the ability to directly or indirectly (through a third party) have a significant influence on the decisions taken by the governing bodies of the credit institution (credit institutions).
Under significant influence for the purposes of this federal law shall be understood to be able to determine the decisions made by the management bodies of a legal person, the terms of reference of them entrepreneurial activities by reason of participation in the authorized capital and (or) in accordance with the terms of the contract concluded between entities within the banking group and (or) the bank holding company, appoint a sole executive body and (or) more than half of the whole collective executive body of a legal entity as well as the ability to determine the election, more than half of the members of the Board of Directors (Supervisory Board) of a legal person.
Head credit institution of the banking group, the umbrella organization of bank holding company must notify the Bank of Russia in the manner prescribed by them, on the formation of the Group of banks, bank holding company.
A commercial organization, which, in accordance with this federal law may be recognized by the parent organization of the bank holding company, to manage the activities of all credit institutions falling within the bank holding company shall have the right to establish a bank holding company. In this case, the management company acting as bank holding company, which, in accordance with this federal law shall be entrusted to the bank holding the umbrella organization.
Managing bank holding company for purposes of this federal law recognizes a business company, whose main activity is the management of the activities of credit institutions within a bank holding company. The management company of the bank holding may not engage in insurance, banking, industrial and commercial activities. A commercial organization, which, in accordance with this federal law may be recognized by the parent organization of the bank holding company must have the ability to determine the decisions of the management company's bank holding company on matters within the competence of the Assembly of its founders (participants), including its reorganization and liquidation. "
2. Article 8 shall be amended as follows: ' article 8. Providing information on the activities of the credit institution, the banking group and the banking holding credit institution is obliged to publish on the forms and terms, which are set by the Bank of Russia, the following information on its activities: quarterly balance sheet, profit and loss statement, capital adequacy, on the amount of reserves to cover dubious loans and other assets;
annual balance sheet and profit and loss statement with the conclusion of the audit firm (an auditor) about their veracity.
Credit institution is obliged on demand of the natural person or legal entity to provide him with a copy of a license for carrying out banking operations, copies of other issued to her permissions (licenses), if you need to obtain these documents provided for by federal laws, as well as the monthly ledger balances for the current year.
The introduction of physical persons and legal entities in fooled by withholding information or by providing inaccurate or incomplete information, a credit institution shall be liable in accordance with this federal law and other federal laws.
Head credit institution of the banking group, the umbrella organization of bank holding company (management company of bank holding company) publish their annual consolidated financial statements and the consolidated statements of income in the form, manner and timing of which shall be established by the Bank of Russia, after confirming their reliability audit firm (an auditor).
3. In article 11:

Part II shall be amended as follows: "the Bank in Russia sets the standard of the minimum amount of the authorized capital of newly registered credit organization, size limits of non-monetary contributions in the authorized capital of a credit institution, as well as a list of types of property in kind, made in the payment of the share capital. The standard of the minimum amount of the authorized capital of the credit institution may be installed, depending on the type of credit institution. ";
part four shall be supplemented with the words ", except for the cases stipulated by federal laws";
part of fifth shall be reworded as follows: "may not be used for the formation of the Charter capital of a credit institution borrowed funds. In order to evaluate funds are made in payment of the authorized capital of the credit institution, Bank of Russia may establish procedures and criteria for assessment of the financial situation of its founders (or participants). ";
in part of the eighth, after the word "acquisition" add the words "and (or) getting into asset management (hereinafter acquisition)", the words "Bargain sale" should be replaced by the word "acquisition", the word "permitted" should be replaced by the word "permitted", add the following sentence: "the procedure for obtaining the consent of the Bank of Russia to acquire more than 20 percent of stocks (shares) of the credit institution and notification of the Bank of Russia on the acquisition of more than 5 per cent of the shares (interest in) a credit institution shall be established by federal laws and adopted in accordance with the normative acts of the Bank of Russia";
in the words of the ninth "transaction of sale" should be replaced by the word "acquisition", after the words "antitrust rules" add the words ", as well as in cases where the person acquiring the shares (share) a credit institution, there are court rulings which have entered into force, which established the facts of the Commission of the specified face misconduct in bankruptcy, deliberate and (or) fictitious bankruptcy";
the new part of the tenth supplement article along the following lines: "the Bank of Russia refuses to consent to the acquisition of more than 20 percent of stocks (shares) of a credit institution if the Court previously installed wine person acquiring shares (shares) of the credit organization, causing the loss of any of the credit institution in the performance of his duties as a member of the Board of Directors (Supervisory Board), the credit organization, sole executive body, his Deputy and (or) a member of a collegial Executive Body (Board , Directorate). ";
part the tenth considered part of the eleventh.
4. Chapter I of the supplement article 11-1 to read as follows: "article 11-1. Management bodies of the credit institution's management bodies of the credit institution, along with the general meeting of its founders (participants) are the Board of Directors (Supervisory Board), its sole executive body and collegial executive body.
The current leadership of the credit organization sole executive body and collective executive body.
The company's sole executive body, his deputies, members of the collegial Executive Body (hereinafter referred to as the head of a credit organization), Chief Accountant of the credit institution, the head of its affiliate has no right to occupy positions in other organizations that are lending or insurance organizations, professional participants of the securities market, as well as in organizations engaged in leasing activities or affiliated entities in relation to the credit institution, which employs its head, Chief Accountant, head of its affiliate.
Candidates for the posts of members of the Board of Directors (Supervisory Board), the head of the credit organization, Chief Accountant, Deputy Chief Accountant of the credit organization, as well as the post of the head, Deputy head, Chief Accountant, Deputy Chief Accountant of a branch of a credit institution must meet qualification requirements set by federal laws and adopted in accordance with the normative acts of the Bank of Russia.
Credit institution is obliged to notify the Bank in writing of Russia about all the alleged appointments Chief of the credit organization, Chief Accountant, Deputy Chief Accountant of the credit organization, as well as the post of the head, Deputy head, Chief Accountant, Deputy Chief Accountant of a branch of a credit institution. The notification shall contain the particulars referred to in subparagraph 8 of article 14 hereof. Bank of Russia within one month from the date of receipt of the notification specified consents to the specified destination or a grounded refusal in writing on any of the grounds set out in article 16 hereof.

Credit institution is obliged to notify the Bank in writing of release from posts of the head of the credit organization, Chief Accountant, Deputy Chief Accountant of the credit organization, as well as the head, Deputy head, Chief Accountant, Deputy Chief Accountant of a branch of a credit institution not later than the working day following the day of the adoption of such a decision.
Credit institution is obliged to notify the Bank in writing of the election (release) a member of the Board of Directors (Supervisory Board), within three days from the date of this decision. "
5. In article 12: first part of the book, "after the words" State registration of credit organizations ", add the words" in the manner prescribed by federal laws and adopted in accordance with the normative acts of the Bank of Russia ";
part three shall be supplemented with the words "and adopted in accordance with the normative acts of the Bank of Russia".
6. In article 14: sub-paragraph 4 worded as follows: "4) business plan approved by the Assembly of founders (participants) of the credit organization, minutes of the meeting of founders (participants), containing decisions on approval of the Statute of the credit organization, as well as candidates for appointment to the post of Chief of the credit institution and the Chief Accountant of the credit institution. The procedure for drawing up a business plan of a credit institution and its evaluation criteria are established by the normative acts of the Bank of Russia ";
subparagraph 7 should read as follows: "7) documents (according to the list, established by the normative acts of the Bank of Russia), confirming sources of origin of funds made by the founders-physical persons in authorized capital of credit institutions";
the first paragraph of subparagraph 8 shall read as follows: "8) profiles of candidates for the post of head of the credit organization, Chief Accountant, Deputy Chief Accountant of the credit organization, as well as the post of the head, Deputy head, Chief Accountant, Deputy Chief Accountant of a branch of a credit institution. These questionnaires are filled in by these candidates personally and must contain information set by the normative acts of the Bank of Russia, as well as information: ".
7. Part of the seventh article 15 should be deleted.
8. Article 16 shall be amended as follows: "article 16. The grounds for refusal in State registration of the credit institution and issuing license for carrying out banking operations a refusal of State registration of the credit institution and to grant it a license for carrying out banking operations shall be permitted only on the following grounds: 1) mismatch between the candidates proposed for the posts of head of the credit organization, the Chief Accountant of the credit institution and his deputies, the qualification requirements set by federal laws and adopted in accordance with the normative acts of the Bank of Russia. Under the mismatch of the candidates proposed for the posts, these qualifications are understood: the absence of higher legal or economic education and experience, management of the Division, a division of the credit organization, whose activities are related to the implementation of banking operations, or the absence of the two-year experience in governing such a Department, subdivision;
the existence of previous convictions for offences in the sphere of economy;
commit within one year preceding the day of submission to the Bank of Russia of documents for registration of the credit organization, administrative offences in the area of trade and finance, established by the decree entered into force body mandated to consider cases on administrative offences;
the presence during the two years preceding the day of submission to the Bank of Russia documents for registration of the credit institution, the facts of the dissolution with specified persons the labour agreement (contract) on the initiative of the Administration on the grounds provided for in paragraph 2 of article 254 of the labour code of the Russian Federation;
presentation during the three years preceding the day of submission to the Bank of Russia of documents for registration of the credit institution, the credit organization in which each of the candidates was on the post of head of the credit organization, replacing him as head of the credit institution in the manner stipulated by the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)";
mismatched business reputation of those candidates requirements set by federal laws and adopted in accordance with the normative acts of the Bank of Russia;
the presence of other grounds stipulated by federal laws;
2) unsatisfactory financial situation of the credit institution's founders or failure to comply with their obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets over the past three years;

3) non-conformity of documents filed by the Bank of Russia for State registration of the credit institution and obtain a license for carrying out banking operations, the requirements of federal laws and taken in accordance with the normative acts of the Bank of Russia;
4) mismatch between the business reputation of the candidates for the members of the Board of Directors (Supervisory Board) qualification requirements set by federal laws and adopted in accordance with the normative acts of the Bank of Russia, whether they have been convicted of an offence in the field of economics.
Decision on refusal in State registration of the credit institution and issuing license for carrying out banking operations shall be reported to the founders of the credit institution in writing and must be motivated.
A refusal of State registration of the credit institution and the issuance of a license for carrying out banking operations, Bank of Russia's failure to take within the prescribed period the relevant decision can be appealed to the Arbitration Court.
Under the business reputation in accordance with this article refers to the evaluation of professional and other qualities of a person, allowing him to hold the post in the administration of the credit institution.
9. Article 20 shall be amended as follows: "article 20. Grounds for revocation of the credit organization license for carrying out banking operations Bank of Russia may withdraw from the credit organization license for carrying out banking operations in the following cases: 1) establishing the unreliability of information, based on which issued the said licence;
2) delay in carrying out banking operations under that license more than one year from the date of its issuance;
3) substantial fact-finding unreliability of reporting data;
4) delay of more than 15 days of the submission of monthly reports (reporting);
5) implementation, including single, banking operations, not stipulated by the said license;
6) failure of federal laws, regulating the banking activities, as well as the normative acts of the Bank of Russia, if within one year of the credit institution have been repeatedly applied the measures stipulated by the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)";
7) is repeated within one year the guilty of default contained in Executive documents of courts, arbitration courts the claims for the recovery of funds from the accounts (deposits) customers of the credit institution subject to the availability of funds on accounts (deposits) the above-mentioned persons;
8) a petition of the interim administration, if by the end of the term of activity of the said authority, established by the Federal law "on Insolvency (bankruptcy) of credit institutions", there are reasons for her appointment, provided specified by federal law.
The Bank of Russia is obliged to revoke the license for carrying out banking operations in the following cases: 1) If a credit institution's capital adequacy is below 2 per cent.
If during the last 12 months prior to the point where in accordance with this article, the credit institution must be revoked the specified license, Bank of Russia changed the methodology for calculating capital adequacy of credit institutions, for the purposes of this article uses the technique whereby capital adequacy of credit institution reaches the maximum value;
2) if own funds (capital) of the credit organization below the minimum value of the authorized capital established by the Bank of Russia on the date of registration of the credit institution;
3) If a credit institution fails to comply within the time-limit fixed by the Federal law "on Insolvency (bankruptcy) of credit institutions", the requirements of the Bank of Russia on the approximation of the authorised capital and the size of the own funds (capital);
4) If a credit institution is unable to meet the demands of creditors on monetary obligations and (or) to fulfill the obligation to pay the mandatory payments within one month from the date of their satisfaction and (or) execution. While these requirements together should be at least 1000 times the minimum wage established by federal law.
In the cases provided by paragraph 2 of this article, the Bank of Russia withdraws from a credit organization license for carrying out banking operations within 15 days after receiving the bodies of the Bank of Russia responsible for revoking the license, reliable information on the grounds for revoking the license of the credit institution.
Revocation of license for carrying out banking operations on other grounds, except for the reasons stipulated by this federal law, shall not be permitted.

The decision of the Bank of Russia on the revocation of the credit organization license for carrying out banking operations shall enter into force on the date of adoption of the corresponding act of the Bank of Russia and can be appealed within 30 days from the date of publication of the withdrawal of a license for carrying out banking operations in "Bulletin of the Bank of Russia". Appeal against the decision of the Bank of Russia, as well as measures to secure claims against the credit institution does not suspend the validity of the decision of the Bank of Russia.
The revocation of the credit institution have a license for carrying out banking operations shall be published by the Bank of Russia in the official publication of the Bank of Russia "the Bulletin of the Bank of Russia" within one week from the date of adoption of the relevant decision.
After the revocation of the credit organization license for carrying out banking operations credit organization must be eliminated in accordance with the requirements of article 23-1 of this federal law, as in the case of recognition of its bankrupt-in accordance with the requirements of the Federal law on Insolvency (bankruptcy) of credit institutions ".
After the revocation of the credit organization license for carrying out banking operations Bank of Russia: not later than the working day following the day of revocation of the license, appoints temporary administration credit organization in accordance with the requirements of the Federal law on Insolvency (bankruptcy) of credit institutions ";
commits the acts described in article 23-1 hereof.
Since the revocation of the credit institution of a license for carrying out banking operations: 1) is considered a mature term of fulfillment of obligations of the credit institution. Credit institution's obligations in foreign currency are accounted in rubles at the exchange rate of the Bank of Russia, in effect on the day of revocation of the credit institution of the said licence;
2) stopped accruing interest as well as the penalties (fines, penalties) and imposition of other financial (economic) sanctions on the obligations of the credit institution;
3) is suspended pursuant to Executive documents issued on the basis of court decisions on property penalties (except in the performance of Executive documents issued by court decisions on the recovery of arrears of wages and salaries, remuneration for copyright agreements, alimony, as well as for compensation for harm caused to life and health, and moral damages) which have entered into force prior to the cancellation of credit institution of a license for carrying out banking operations;
4) are prohibited until the establishment of the liquidation Commission (liquidator) or until the appointment of the arbitral tribunal of the bankruptcy trustee transactions credit organization and fulfillment of obligations on deals of the credit organization (with the exception of transactions associated with the current utility and maintenance payments of the credit organization, as well as termination benefits and remuneration of persons who work under an employment agreement (contract), within the cost estimates, agreed with the Bank of Russia or from the authorized representative of the Bank of Russia in the case of his appointment). ".
10. the first part of article 23 supplemented by the following sentence: "the Bank of Russia has the right to forbid the reorganization of a credit institution, if as a result of the reorganization have reason to apply on bankruptcy prevention measures stipulated by the Federal law" on Insolvency (bankruptcy) of credit institutions ".
11. Article 23-1 shall be amended as follows: "article 23-1. Liquidation of the credit institution on the initiative of the Bank of Russia (compulsory liquidation) Bank of Russia within 30 days from the date of publication in the Bulletin of the Bank of Russia "withdrawals from a credit organization license for carrying out banking operations shall be obliged to apply to the bankruptcy court to demand the Elimination of the credit institution, unless at the time of revocation of the license credit institution, there are signs of insolvency (bankruptcy), stipulated by the Federal law" on insolvency or bankruptcy) of credit institutions ". At the same time, the Bank of Russia is required to submit to the Arbitration Court the candidacy of the liquidator, in compliance with the requirements of the Federal law on Insolvency (bankruptcy) of credit institutions "to by the insolvency administrator in bankruptcy of the credit institution, unless otherwise provided by federal law.
If the revocation of credit institution license for carrying out banking operations it had signs of insolvency (bankruptcy), stipulated by the Federal law "on Insolvency (bankruptcy) of credit institutions", or the presence of these signs installed interim administration appointed by the Bank of Russia in the credit institution after she specified licenses, Bank of Russia are drawn to the arbitral tribunal a statement of recognition of the credit institution bankrupt, in the manner prescribed by the Federal law on Insolvency (bankruptcy) of credit institutions ".

The arbitral tribunal considers the requirement to eliminate the credit institution in accordance with the rules established by the arbitration procedure code of the Russian Federation. The arbitral tribunal shall decide on the liquidation of the credit institution and the appointment of a liquidator from nominations submitted by the Bank of Russia, if there is no proven evidence of bankruptcy at the time of the revocation of the credit institution of a license for carrying out banking operations.
Since the arbitral tribunal on the liquidation of the credit institution: controls credit organization (including the liquidating Commission (liquidator) if they are elected (appointed) by the decision of the meeting of founders (participants) of the credit institution, suspended from performing the functions for the management of its affairs, including at the behest of her property, and within three days to ensure that the liquidator of accounting and other documentation, material and other valuables, seals and stamps of the credit organization;
information on the financial status of a credit institution ceases to be related to the categories of information that are confidential or are commercial secret;
removed previously imposed arrests on the property of the credit institution and other restrictions on the order of its assets. Imposition of new arrests on the property of the credit institution and the introduction of other constraints on the order of its assets are not allowed;
all requirements to the credit institution may be brought and shall be subject to the satisfaction only in the process of liquidation.
In the process of liquidation of the credit institution has the right and the liquidator acting as provided for in this article, federal laws, and must act in accordance with the interests of its creditors. Founders (participants) of a credit institution and its creditors may require the liquidator for damages caused by his actions (inaction), in violation of the legislation of the Russian Federation.
The liquidator shall forward to the publication of the announcement of liquidation of the credit institution at Bulletin of the Bank of Russia "not later than five working days from the date of their appointment. This declaration shall include: the name and other details of the credit organization, closing on the basis of the decision of the Arbitration Court;
the name of the Arbitration Court, the liquidation of the credit institution;
date of acceptance by arbitration court decision on liquidation of the credit institution;
the deadline for submission of claims of creditors (can not be less than two months from the date of publication of specified ads);
postal address at which lenders can submit their requirements to the credit organization;
information about the liquidator.
Claims of creditors of the credit institution are sent to liquidator to the postal address indicated in the published Declaration on the Elimination of the credit organization, together with the documents on the basis of which the liquidator shall decide on the acceptance of these requirements installed or uninstalled. The liquidator considers the alleged claims of creditors of the credit institution and consider them when drawing up the interim liquidation balance. The liquidator shall notify the creditor of the credit institution on the outcome of his claims in a period not exceeding one month from the date of receipt of the said requirements. Objections to the results of consideration of the liquidator of the claims of creditors can be claimed by the creditor and shall be treated in the manner prescribed by the Federal law on Insolvency (bankruptcy) "for the implementation of the procedure of bankruptcy proceedings.
Claims of creditors of the credit institution being liquidated on the results of their consideration of the liquidator may be claimed by the creditor in a court or arbitral tribunal, in accordance with the law.
The liquidator is obliged to hold the first meeting of creditors of the credit institution being liquidated no later than 60 days from the date of expiry of the deadline for presentation of claims by creditors. The date and place of the meeting of creditors must be notified no later than 15 days before the day of the meeting.
Within the competence of the creditors ' meeting includes the election of a Committee of creditors.
A meeting of creditors and (or) the creditors Committee may: listen to the report of the liquidator during the liquidation proceedings;
consider the intermediate liquidation balance sheet and the liquidation balance sheet;
contact the Arbitration Court about dismissal of the liquidator;
appeal the decision of the liquidator to the Court of arbitration;
give consent to transactions connected with the alienation of assets of the credit institution, if the specified property is not implemented at a public auction;
exercise other powers in accordance with the requirements of this article.
The procedure of the meeting of creditors and the creditor committee meetings, including the arrangements for the Election Committee of creditors and voting is regulated by the Federal law on Insolvency (bankruptcy) ".

The closing date for submission of claims of creditors of the credit institution, the liquidator is the intermediate liquidation balance sheet, that contains information about the composition of the assets of the credit institution, which constitutes a list of claims of creditors, as well as the results of their consideration. The intermediate liquidation balance sheet shall be considered at the meeting of creditors and (or) at a meeting of the creditors ' Committee and after that review, agreed with the Bank of Russia. Satisfaction of creditors ' claims is carried out in accordance with the order provided for in article 64 of the Civil Code of the Russian Federation, and intermediate liquidation balance sheet, starting from the day of its approval of the Bank of Russia, except for lenders release 5 payments which are made on the expiry of one month from the date of the harmonization of the specified balance with the Bank of Russia.
Unless otherwise provided in this article, in cases where the credit institution is insufficient to meet the claims of creditors, the liquidator of the assets of the credit institution sells at public auction in the manner prescribed by the legislation of the Russian Federation.
The liquidator shall prepare and submit to the Bank of Russia in order to harmonize the intermediate liquidation balance sheet and the liquidation balance sheet, accounting and statistical reporting credit institution in the manner and within the time limits established by federal laws and adopted in accordance with the normative acts of the Bank of Russia.
In case of nonperformance or improper performance of the duties entrusted to it by the liquidator, the arbitral tribunal may: to annul the transaction entered into by the liquidator or committed during them the credit organization liquidation procedures, in accordance with the civil legislation of the Russian Federation and the Federal law on Insolvency (bankruptcy) ";
remove a liquidator from performing his duties at the request of the Bank of Russia or meeting (Committee) of creditors and to appoint a new liquidator, who proposed the Bank of Russia in the manner stipulated by the Federal law on Insolvency (bankruptcy) ".
The deadline for the Elimination of a credit institution may not exceed 12 months from the date of acceptance by arbitration court decision on liquidation of the credit institution. This period may be extended by the Court of arbitration at the substantiated request of the liquidator.
If in the course of liquidation proceedings, it becomes evident that the value of the property of a credit institution in respect of which the decision on liquidation, is insufficient to meet the claims of creditors of the credit institution, the liquidator must send to the arbitral tribunal a declaration of acceptance of the credit institution bankrupt.
Report on the results of the liquidation of the credit institution with the application liquidation balance shall be heard at the meeting of creditors, or the creditors ' Committee meeting and approved in the order stipulated by the Federal law on Insolvency (bankruptcy) ".
The liquidator is obliged within ten days from the date of the determination by the arbitral tribunal on the completion of the liquidation of the credit institution to the Bank of Russia this definition and other documents stipulated by normative acts of the Bank of Russia, for inclusion in the Book the State registration of credit organizations about liquidation of entries of the credit institution.
12. Article 42: name shall be supplemented with the words "banking groups and banking holdings";
Part I shall be amended as follows: "reporting is subject to an annual audit of the credit organization audit organization has, in accordance with the legislation of the Russian Federation license for carrying out such checks. Accountability and reporting, banking banking groups subject to the annual verification audit holdings organization in in accordance with the legislation of the Russian Federation license for carrying out verifications of credit organizations and carrying out an audit of the credit organizations for at least two years. License for carrying out audits of credit institutions shall be issued in accordance with the Federal law on auditing organizations carrying out auditing activities for at least two years. ";
the second part, after the words "credit institution" shall be supplemented with the words "banking groups and banking holdings";
part four, after the words "credit institution" shall be supplemented with the words "banking groups and banking holdings."
13. Article 43: the name should read as follows: "article 43. Credit reporting organization, accountability and reporting, banking group bank holding companies ";
Part I shall be amended as follows:

"Credit Organization submits an annual report to the Bank of Russia (including balance sheet and profit and loss statement) after confirmation of its authenticity audit organization. If a credit institution is able to provide significant (direct or indirect) influence on the activities of other legal entities (with the exception of credit institutions), it makes up and submits this report on a consolidated basis in accordance with the procedure determined by the Bank of Russia ";
part three shall be amended as follows: "Parent credit institution, the parent banking group, bank holding company (management company of bank holding company) and present to the Bank of Russia in order to supervise the activities of credit institutions on a consolidated basis in accordance with the procedure determined by the Bank of Russia, consolidated reporting on the activities of the Bank Group and consolidated reporting on the activities of the bank holding company, each of which includes the consolidated accounting report consolidated profit and loss account, as well as the calculation of risks on a consolidated basis. ";
Supplement parts of fourth-seventh read as follows: "for the purposes of drafting, submission and publication of consolidated reporting on the activities of the banking group consolidated financial statements should be included other reporting entities for which credit institutions that are part of banking groups, may have a significant (direct or indirect) influence on the activities and decisions taken by the management bodies of these entities.
For the purposes of drafting, submission and publication of consolidated reporting on the activities of the bank holding the consolidated financial statements should be included statements of other legal persons in respect of whom the parent bank holding company (management company of bank holding company) and (or) credit institutions that are part of a bank holding company, may have a significant (direct or indirect) influence on the decisions taken by the management bodies of these entities.
Legal persons in respect of whom the parent credit institution, the parent banking group, bank holding company (management company of bank holding company) have a significant (direct or indirect) influence, for the purposes of the consolidated financial statements are required to provide statements on their activities.
Head credit institution of the banking group, the umbrella organization of bank holding company (management company of bank holding company) may not divulge information obtained from the other entities within the banking group (the bank holding company), information on their activities, except for the cases stipulated by this federal law or cases arising from the tasks of publishing consolidated accounts. ".
Article 2. The President of the Russian Federation and the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The Bank of Russia will bring its normative acts in compliance with this federal law.
Article 3. This federal law shall enter into force on the day of its official publication, with the exception of paragraph 1, paragraph 9 of article 17th of this federal law.
Paragraph 1, paragraph 9 of article 17th of this federal law shall enter into force six months after the date of entry into force of this federal law, during which the Bank of Russia may withdraw from the credit organization license for carrying out banking operations in the event of a failure of a credit institution to satisfy the claims of creditors on monetary obligations and (or) to fulfill the obligation to pay the mandatory payments within one month from the date of their execution If the credit institution's requirements together constitute not less than 1000 times the minimum wage established by federal law.
The President of the Russian Federation v. Putin Kremlin, Moscow, N June 19, 2001 82-FZ