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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 OF THE FEDERAL LAW OF THE RUSSIAN FEDERATION (Bank of Russia) "Adopted by the State Duma on April 7, 2006 approved by the Federation Council on April 26, 2006 (In the wording of the Federal Law dated 28.02.2009 N 28-FZ) Article 1 Amend the federal law "About banks and banking activities" (as amended) Federal Law of 3 February 1996 N 17-FZ) (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, sect. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 1998, N 31, sect. 3829; 1999, N 28, sect. 3469; 2001, N 26, st. 2586; N 33, st. 3424; 2002, N 12, st. 1093; 2003, N 50, sect. 4855; N 52, sect. 5037; 2004, N 27, sect. 2711; N 31, st. 3233; 2005, N 1, st. 18; 2006, N 6, article 636), the following changes: 1) part two-fourth article 11 should read: " Minimum size of the statutory capital of the newly registered bank on the day of the application for State registration; and Bank operations are granted in the amount of the rouble equivalent of 5 million euros. The minimum size of the statutory capital of the newly registered non-bank credit institution on the day of the application for state registration and the issuance of a banking licence is fixed in the amount of the ruble equivalent 500,000 euros. (Paragraph 3 of paragraph 1 has been lost-Federal Law of 28.02.2009. N 28-FZ) The Bank of Russia sets a limit on the amount of property (non-monetary) deposits in the authorized capital of the credit institution, as well as a list of types of property in non-cash form that may be paid for the charter Capital. "; 2) Chapter I to supplement Article 11-2 as follows: " Article 11-2. The minimum size of its own funds (capital) of a credit institution The minimum size of its own funds (capital) is set for the bank in the amount of the ruble equivalent of 5 million euros, except in the case of The present report is contained in the annex to the present document. The size of own funds (capital) of the non-bank credit institution, applying for the status of the bank, for the first day of the month in which the application was submitted to the Bank of Russia must be equal to the amount of the ruble Equivalent to 5 million euros. The license for the conduct of banking operations, which provides the credit institution with the right to carry out banking operations with funds in rubles and foreign currency, to attract funds of individuals and legal entities in the deposits. A credit institution with its own funds (capital) in the amount not less than the amount of the ruble equivalent of 5 million euros on the 1st of the month in which it was established may be issued. The application for a general license has been filed with the Bank of Russia. The Bank, which has its own funds (capital) in the amount below the ruble equivalent of 5 million euros as of 1 January 2007, has the right to continue its activities provided that its own funds (capital) are not decrease from the level reached on 1 January 2007. When the size of the bank's equity (capital) is reduced as a result of a change in the size of its own funds (capital), the bank must reach the minimum size of its own funds within 12 months, of this article, calculated by the new method (for banks that had their own means (capital) on 1 January 2007 equal to the sum of the ruble equivalent of 5 million euros and above) or the amount of their own funds (capital) available on 1 January 2007, calculated on the basis of the new methodology (for Banks that had their own funds (capital) on 1 January 2007 are below the value of the rouble equivalent of 5 million euros. The equivalent of the minimum size of the minimum size of a credit institution is determined quarterly in the order established by the Bank of Russia regulations. "; 3) part 8 of article 12 shall be declared void. -article 14, subparagraph 5 (5), to read as follows: " 5) documents on the payment of the state fee for state registration of the credit institution and the granting of a license to carry out banking operations when creating a credit institution; "; 5) in part The words "the minimum size of the statutory capital of the newly registered credit institutions with foreign investments and" delete; (6) in article 20, paragraph 2 (a), in paragraph 2 of the word "Bank of Russia" should be deleted; b) to supplement paragraphs 5 to 8 as follows: " 5) if the bank, the amount of its own funds (capital), which as of 1 January 2007 equals the ruble equivalent of 5 million euros or above this amount, within three months consecrate a reduction in the amount of equity (capital) below the amount The rouble equivalent of 5 million euros, with the exception of the decline due to the change in the size of its own funds (capital), and does not apply to the Bank of Russia to change its status to non-bank credit status. organization; 6) if the bank, the amount of its own funds (capital) which as of 1 January 2007 below the ruble equivalent of 5 million euros, allows for a reduction in the amount of its own funds (capital) for three consecutive months. on 1 January 2007, except for the reduction of Changes in the methodology for determining the size of their own funds (capital), and does not apply to the Bank of Russia to change its status to a non-bank credit institution; 7) if the bank that had its own on 1 January 2007 (capital) equal to the sum of the ruble equivalent of 5 million euros and above, and the resulting reduction in the amount of its own funds (capital) below the minimum amount established by Article 11-2 of this Federal Law, as a consequence changes in the methodology for determining the size of own funds (capital), during 12 months did not reach the specified minimum amount of equity (capital) and did not apply to the Bank of Russia to change its status to a non-bank credit institution; 8) if the bank, which was on 1 January 2007 (capital) in the amount below the ruble equivalent of 5 million euros and the resulting decline in equity (capital) compared to the level reached on 1 January 2007, as a result of the change in the methodology of the definition The size of its own funds (capital) has not reached its size within 12 months of his/her own funds (capital) as at 1 January 2007, and did not apply for reclassification of his status to a non-bank credit institution. "; 7) of Part One and 2 of Article 35, should read as follows: " A credit organization with a general license and its own funds (capital) in the amount of not less than the ruble equivalent of 5 million euros may, with the permission of the Bank of Russia, create branches in the territory of a foreign state. After the notification of the Bank of Russia-representation. The credit institution with the general license and its own funds (capital) in the amount not less than the sum of the ruble equivalent of 5 million euros may, in accordance with the requirements of the Bank of Russia, have in the territory of a foreign state to subsidiary organizations. "; 8) in article 39, paragraph 2, the words" the Bank of Russia "shall be replaced by the words" in accordance with this Federal Law ". Article 2 Article 2 of the Federal Law of 10 July 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2790) The following changes: 1) in Part 1 of Article 62: a), paragraph 1 to be declared void; b), paragraph 2 should be supplemented with the words " as well as a list of types of equipment in kind that may be made in Payment of authorized capital "; 2) Article 63 to be void. Article 3 Article 2 paragraph 22 of Article 2 of the Federal Law of 21 March 2002 N 31-FZ " On the casting In accordance with the Federal Law on State Registration of Legal Persons (Assembly of Laws of the Russian Federation, 2002, No. 1093) be declared invalid. Article 4 This federal law shall enter into force on 1 January 2007. President of the Russian Federation Vladimir Putin Moscow, Kremlin 3 May 2006 N 60-FZ