On Amendments To The Federal Law "on Banks And Banking Activities" And The Federal Law "on The Central Bank Of The Russian Federation (Bank Of Russia)"

Original Language Title: О внесении изменений в Федеральный закон "О банках и банковской деятельности" и Федеральный закон "О Центральном банке Российской Федерации (Банке России)"

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RUSSIAN FEDERATION FEDERAL LAW on amendments to the Federal law "on banks and banking activities" and the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)" adopted by the State Duma April 7, 2006 year approved by the Federation Council April 26, 2006 year (as amended by federal law from 28.02.2009 N 28-FZ) Article 1 amend the Federal law on banks and banking activities "(as amended by federal law from February 3, 1996 N 17-ФЗ) (Gazette of the Congress of people's deputies of the RSFSR and Supreme Council 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; 2001, N 26, art. 2586; N 33, art. 3424; 2002, N 12, art. 1093; 2003, no. 50, art. 4855; N 52, art. 5037; 2004, N 27, art. 2711; N 31, art. 3233; 2005, N 1, art. 18; 2006, no. 6, art. 636) as follows: 1) part of the second-fourth article 11 shall be amended as follows: "the minimum amount of share capital once again checked the Bank on the day of filing of an application for State registration and issue of a license for carrying out banking operations shall be established in the amount of RUR equivalent of 5 million euros. The minimum amount of share capital of newly registered non-bank credit organization on the day of filing of an application for State registration and issue of a license for carrying out banking operations shall be established in the amount of RUR equivalent to 500 thousand euros.
(Third Indent of paragraph 1, federal law expired from 28.02.2009 N 28-FZ) Bank in Russia sets property size limit (non-monetary) contributions to the share capital of the credit institution, as well as a list of types of property in kind, which can be entered in the payment of the share capital. ";
2) chapter I complement the article 11-2 as follows: "article 11-2. The minimum size of the own funds of the credit institution (capital) the minimum size of the own funds (capital) is set for the Bank in the amount of RUR equivalent of 5 million euros, except in the case specified in paragraph 4 of this article.
The size of the own funds (capital) of non-bank credit organization, requesting Bank status, 1-day of the month in which it was filed an application to the Bank of Russia, should not be lower than the sum of RUR equivalent of 5 million euros.
License for carrying out banking operations, providing the credit institution the right to carry out banking operations with funds in rubles and foreign currency, attract funds into deposits of individuals and legal entities in rubles and foreign currency (hereinafter licence) may be issued to a credit institution having its own funds (capital) at a rate not lower than the amount of RUR equivalent of 5 million euro at the 1-St of the month , which has been filed with the Bank of Russia motion for a general license.
The Bank has on January 1, 2007 year own funds (capital) in the amount lower than the amount of RUR equivalent of 5 million euros, may continue their activities on condition that the size of its own funds (capital) will not decline compared to the level reached in January 1, 2007 year.
By reducing the size of the own funds (capital) of the Bank as a result of changes in the methodology for determining the level of own funds (capital) Bank within 12 months must reach either the minimum size of the own funds (capital) of the present article, calculated according to the new methodology (for banks that took on January 1, 2007 year own funds (capital) in an amount equal to the sum of the rouble equivalent of 5 million euros and above) or the size of the own funds (capital) available on January 1, 2007 year, calculated according to the new methodology (for banks that took on January 1, 2007 year own funds (capital) in the amount lower than the amount of RUR equivalent of 5 million euro).
Ruble equivalent minimum size of own funds (capital) a credit institution shall be determined on a quarterly basis in the manner prescribed by regulations of the Bank of Russia ";
3) part of the eighth article 12 admit lapsed;
4) subparagraph 5 of article 14 shall be amended as follows: "5) documents on State duty payment for State registration of credit organizations and for providing a license for carrying out banking operations when creating credit organization";
5) in part seven of article 18, the words "the minimum amount of the authorized capital newly registered credit organizations with foreign investments and" should be deleted;
6) in the second part of article 20: a) in paragraph 2 the words "the Bank of Russia" should be deleted;
b) supplement paragraphs 5-8 to read as follows: "5) if the Bank, the amount of own funds (capital) which on January 1, 2007 year is equal to the sum of RUR equivalent of 5 million euros or above this amount, within three consecutive months allows reducing the size of the own funds (capital) is lower than the amount of RUR equivalent of 5 million euros, with the exception of the reduction due to changes in the methodology for determining the level of own funds (capital), and to the Bank of Russia does not petition for change of status to the status of non-bank credit organization;

6) if the Bank, the size of the own funds (capital) which on January 1, 2007 year is lower than the amount of RUR equivalent of 5 million euros for three consecutive months allows reducing the size of the own funds (capital) below the level they reached in January 1, 2007 year, except for lowering due to changes in the methodology for determining the level of own funds (capital), and to the Bank of Russia does not petition for change of status to the status of non-bank credit organization;
7) if the Bank, had on January 1, 2007 year own funds (capital) in an amount equal to the sum of the rouble equivalent of 5 million euros and higher and with reduction of own funds (capital) is below the minimum size stipulated in article 11-2 of this federal law, due to a change in the methodology for determining the level of own funds (capital), for a period of 12 months has not reached the minimum size of own funds (capital) and has not filed an application to the Bank of Russia changed its status to the status of non-bank credit organization;
8) if the Bank, had on January 1, 2007 year own funds (capital) in the amount lower than the amount of RUR equivalent of 5 million euros and with reduction of own funds (capital) compared to the level reached in January 1, 2007 year, due to a change in the methodology for determining the level of own funds (capital), for a period of 12 months has not reached the size of own funds (capital), available on January 1, 2007 year and not filed a motion for a change of status to the status of non-bank credit organization. ";
7) part of the first and second article 35 shall be reworded as follows: "credit organization, which has a general license and own funds (capital) at a rate not lower than the amount of RUR equivalent of 5 million euros, may, with the permission of the Bank of Russia to create branches in the territory of a foreign State and after informing the Bank of Russia-representation.
Credit organization with the General License and own funds (capital) at a rate not lower than the amount of RUR equivalent of 5 million euros, may, with the permission of and in accordance with the requirements of the Bank of Russia have in the territory of a foreign State subsidiaries. ";
8) in the second part of article 39, the words "the Bank of Russia" were replaced by the words "in accordance with this federal law.
Article 2 amend the Federal law dated July 10, 2002 N 86-FZ "on the Central Bank of the Russian Federation (Bank of Russia)" (collection of laws of the Russian Federation, 2002, N 28, art. 2790) as follows: 1) in the first part of article 62: a) paragraph 1 shall be invalidated;
b) paragraph 2 shall be supplemented with the words "as well as a list of types of property in kind, which can be entered in the payment of authorized capital;
2) article 63 recognize lapsed.
Article 3 Paragraph twenty-fifth paragraph 22 of article 2 of the Federal law dated March 21, 2002, N 31-FZ "on bringing legislation into line with the Federal law" on State registration of legal entities "(collection of laws of the Russian Federation, 2002, N 12, art. 1093) shall be invalidated.
Article 4 this federal law shall enter into force on January 1, 2007 year.
The President of the Russian Federation v. Putin Moscow, Kremlin, May 3, 2006 year N 60-FZ

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