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Amending Articles 46 And 76 Of The Federal Law "on The Central Bank Of The Russian Federation (Bank Of Russia)"

Original Language Title: О внесении изменений в статьи 46 и 76 Федерального закона "О Центральном банке Российской Федерации (Банке России)"

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Federal Law On Amendments to Articles 46 and 76 "On the Central Bank of the Russian Federation (Bank of Russia)" Duma on December 24, 2008 Approved by the Federation Council on 29 December 2008 Article 1 of the Central Bank of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2790; 2008, N 42, sect. 4696; N 44, st. 4982) The following changes: 1) in paragraph (1)-(1) of Article 46 of the word "not more than six months" should be replaced with "not more than one year"; (2) article 76 should read as follows: " Article 76. The Bank of Russia has the right to appoint authorized representatives to the credit institution in cases where: 1) a credit institution was received from the State Corporation "Bank for Development and Foreign Economic Activity (Vnesheconombank)" (hereinafter referred to as "Vnesheconombank"). In accordance with Article 1 of the Federal Law No. 173-FZ "On additional measures to support the financial system of the Russian Federation" (hereinafter referred to as the Federal Law "On additional measures"). OF THE PRESIDENT OF THE RUSSIAN FEDERATION (2) Credit organization received from the Bank of Russia subordinated loan (loan) under Article 5 of the Federal Law "On additional measures to support the financial system of the Russian Federation"; 3) credit institution Received from Vnesheconombank (loan) under article 6 of the Federal Act "On additional measures to support the financial system of the Russian Federation"; Federal budget on bank deposits under Article 236 " The Bank of Russia received a loan from the Bank of Russia in accordance with Article 46 (1) of this Federal Law for a period of more than one month; 6). The Deposit Insurance Agency (DIA) carried out measures to prevent the banks that are members of the compulsory insurance of deposits of individuals in banks of the Russian Federation with regard to the credit institution of the Russian Federation. of the Federal Law of 27 October 2008 Further measures to strengthen the stability of the banking system up to December 31, 2011. The Bank of Russia's authorized representatives can be appointed to the credit institution from the day of receipt of funds to the credit institution. (a part of the means) of the corresponding credit (loan) or deposit, and their activities may be carried out until the day of full compliance by the credit institution with obligations arising from the receipt of the credit (loan) or deposit. A representative of the Bank of Russia is entitled to receive from the credit institution information about the amount of remuneration paid by the credit institution to the sole and collegial executive bodies. In the framework of carrying out its activities, the authorized representative of the Bank of Russia is entitled: 1) to participate without the right to vote in the meetings of the management bodies of the credit institution, as well as of the credit institution's bodies, Decision making on credit, asset management and liability of the credit institution; 2) to receive from the credit organization information and documents related to the credit institution's lending activities, Guarantee, management of assets and liabilities (requirements and (...) (...) The credit institution is obliged to submit to the authorized representative of the Bank of Russia, upon request, information and documents related to the credit institution's lending activities, including the implemented and The planned volumes of credit and its terms and conditions, as well as on the provision of guarantees, asset liability management (requirements and obligations), and are obliged not to interfere with the activity of the authorized representative of the Bank of Russia. " During the period of the activity of the authorized representative of the Bank of Russia, the credit institution must submit to the authorized representative of the Bank of Russia information about its intention to commit The following types of transactions or transactions: 1) related to the transfer of immovable property of the credit institution to the lease, the deposit, with the payment of it as deposits in the authorized capital of the third parties, with the disposition of such property in other ways, c Replacement of real estate held by a credit institution, a different collateral or other type of security; 2) related assets of a credit organization with an inventory value of more than 1 per cent of the book value of the assets of the credit institution, including c receipt and issuance of loans and loans, guarantees and surety, assignment of claims, acceptance and forgiveness of debt, novations, soles, as well as with the establishment of trust management; 3) related Loan obligations (loans), deposits, sales contracts c later transaction, as well as other transactions, if the book value of the liability or group of related liabilities in such transactions amounts to more than 1 per cent of the book value of the credit institution; 4) Money transfer to foreign banks if the amount of the transfer or group of related transfers amounts to more than 1 per cent of the book value of the credit institution's assets; 5) with interested or affiliated of the credit institution by persons determined in accordance with by federal law, or with persons against whom the credit institution is an interested person under federal law, or with persons against whom the credit institution is able to directly or indirectly (through The third person) has a significant influence on decisions taken by their authorities or with persons who have the opportunity, directly or indirectly (through a third person), to have a significant impact on decisions taken by the authorities of a credit institution, in the event that such transactions or transactions are made in an amount, More than 0.5 per cent of the book value of the assets (liabilities) of the credit institution. The Bank of Russia is set by the Bank of Russia to submit information and documents to the authorized representative of the Bank of Russia. If a credit institution fails to comply with the requirements of this article, the measures provided for in article 74 of this Federal Act may be applied, and counterparties to the credit institution on contracts concluded with the credit institution. The organization and the part of the first article may require early fulfilment of the obligations of the credit institution under such treaties. The Bank of Russia's authorized representatives are employees of the Bank of Russia. The procedure for appointing an authorized representative of the Bank of Russia, carrying out its activities and terminating his activities shall be established by the Bank of Russia in agreement with the Government of the Russian Federation. ". Article 2 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 30 December 2008 N 317-FZ