Amending Articles 50-36 And 50-39 Of The Federal Law On Insolvency (Bankruptcy) Of Credit Institutions "and Article 72 Of The Federal Law" On The Central Bank Of The Russian Federation (Bank Of Russia) "

Original Language Title: О внесении изменений в статьи 50-36 и 50-39 Федерального закона "О несостоятельности (банкротстве) кредитных организаций" и статью 72 Федерального закона "О Центральном банке Российской Федерации (Банке России)"

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RUSSIAN FEDERATION FEDERAL LAW on amendments to article 50-36 and 50-39 of the Federal law on Insolvency (bankruptcy) of credit institutions "and article 72 of the Federal law" on the Central Bank of the Russian Federation (Bank of Russia) "adopted by the State Duma December 22, 2006 year approved by the Federation Council December 27, 2006 year (as amended by the Federal law of 22.12.2014 N 432-FZ), Article 1 (repealed Federal Act from 22.12.2014 N 432-FZ), Article 2, article 72 of the Federal law dated July 10, 2002, N-86 Federal law on the Central Bank of the Russian Federation (Bank of Russia) "(collection of laws of the Russian Federation, 2002, N 28, art. 2790) complement the sixth and seventh instalments as follows: "the Bank in Russia sets conditions for inclusion of subordinated loans (deposits, loans, bond issues) into equity (capital) of the credit organization, as well as the conditions for exclusion of subordinated loans (deposits, loans, bond issues) from the sources of its own funds (capital) of the credit institution. The amount of the subordinated loan (deposit, loan, bond) after prior agreement with the Bank of Russia, carried out in the manner prescribed by regulations of the Bank of Russia, can be excluded from the calculation of own funds (capital) of the credit organization in case of early termination of the contract, the subordinated loan (deposit, loan), early repayment of bonds on the initiative of the credit organization-borrower.
The Bank of Russia has the right to suspend payment of principal and/or interest on the subordinated loan contract (deposit, loan) or bonds in the manner prescribed by normative acts of the Bank of Russia, in cases where a suspension of payments provided for by the Treaty of subordinated loan (deposit, loan) or registered terms of the bond issue and the implementation of regular payments in favor of lenders would create a basis for implementation of measures to prevent bankruptcy of credit institutions established by the Federal law on Insolvency (bankruptcy) of credit institutions ". At the same time, the Bank of Russia prohibits the adoption credit organization decisions on the allocation of profits between its founders (participants), the payment (Declaration) of dividends, as well as a ban on the distribution of profit among its founders (participants), payment of dividends, the satisfaction of founders (participants) of the credit institution on the compartment they share (or portion thereof) or payment of its actual value or redemption of shares of the credit institution. Suspension of payments on the subordinated loan contract (deposit, loan) or on bonds and the ban on taking credit organization solutions on the distribution of profits, pay (declare) dividends, as well as a ban on the distribution of profit among its founders (participants), payment of dividends, the satisfaction of founders (participants) of the credit institution on the compartment they share (or portion thereof) or payment of its actual value or redemption of shares of the credit institution are subject to cancellation under condition of elimination of the real threat of the grounds for the implementation of measures to prevent bankruptcy petition of credit institution submitted in the manner prescribed by the Bank of Russia ".
The President of the Russian Federation v. Putin in Moscow, the Kremlin December 29, 2006 year N 247-FZ

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