On Additional Measures To Strengthen The Stability Of The Banking System In The Period Up To December 31, 2011 Year

Original Language Title: О дополнительных мерах для укрепления стабильности банковской системы в период до 31 декабря 2011 года

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Expired-the Federal law dated 22.12.2014 g. N 432-FZ RUSSIAN FEDERATION FEDERAL LAW on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 onwards (as amended by federal law from 03.12.2011 N 381-FZ), passed by the State Duma October 23, 2008 year approved by the Federation Council October 27, 2008 year (as amended by the federal laws from 19.07.2009 N 193-FZ;
from 03.12.2011 N 381-FZ; from 07.05.2013 N 81-FZ), Article 1. Preventing bankruptcy of banks in order to strengthen the stability of the banking system in order to maintain the stability of the banking system and protect the legal interests of depositors and creditors of the banks if there is evidence of the precarious financial situation of banks, identifying situations which threaten the stability of the banking system and the legal interests of depositors and creditors of banks, the Central Bank of the Russian Federation (Bank of Russia) and the State Corporation "deposit insurance agency" (hereinafter referred to as the Agency) is entitled to implement measures to prevent bank failures Parties the system of compulsory health insurance for deposits in banks of the Russian Federation.
Article 2. Measures to prevent bank failures, agency 1. Measures to prevent bank failures can be carried out by Agency: 1) provide financial assistance to persons purchasing in accordance with the agreed (approved) plan the Agency's involvement in the bankruptcy of the Bank shares (shares in the Charter capital) Bank, allowing to define Bank decisions on issues within the competence of the general meeting of its founders (or participants) (hereinafter investors);
2) provide financial assistance to banks, which, in accordance with the agreed (approved) plan the Agency's involvement in the bankruptcy of the bank assets and liabilities of the Bank or a part thereof (hereinafter purchasers);
3) acquisition in accordance with the agreed participation plan (approved) Agency in preventing bankruptcy of shares (interests in Charter capital) Bank, allowing to define Bank decisions on issues within the competence of the general meeting of its founders (or participants);
4) provide financial assistance to the Bank in case of purchasing agency and (or) investors in accordance with the agreed (approved) plan the Agency's involvement in the bankruptcy of the Bank shares (interests in Charter capital) Bank, allowing to define Bank decisions on issues within the competence of the general meeting of its founders (or participants);
5) bidding for the sale of property which is the enforcement of the obligations of the Bank, including the Bank of Russia;
6) execution in accordance with the agreed participation plan (approved) Agency in preventing bankruptcy of the functions of the Interim Administration on the basis of the decision of the Bank of Russia.
2. As indicated in paragraphs 1-5 of part 1 of this article, measures shall be on the basis of Agency agreements (contracts).
3. a list of the Agency's measures to prevent bankruptcy, as well as forms and amounts of financial assistance, the category, quantity and value of assets and liabilities in respect of which a series of measures provided for in article 9 of this federal law, shall be established in terms of the Agency's involvement in the bankruptcy of the Bank. If necessary, the Agency makes the plan change in the manner provided for the adoption and harmonization of this plan.
4. transactions referred to in paragraph 2 of article 28 of the Federal law dated February 25, 1999 N 40-FZ "on Insolvency (bankruptcy) of credit institutions" (hereinafter referred to as the Federal law on Insolvency (bankruptcy) of credit institutions "), may be declared invalid by a court, Arbitration Court, upon application by the Bank in respect of which in accordance with this federal law was carried out a reduction of the Charter capital.
5. For the purposes of realization of this federal law, the Agency opens a correspondent account with the Bank of Russia.
6. For the purposes of realization of this federal law, the Agency may place in deposits of the Bank of Russia means that in accordance with this federal law provides funding for measures to prevent bank failures. (Part is supplemented by federal law from 03.12.2011 N 381-FZ), Article 3. Proposal of the Bank of Russia of agency involvement in the bankruptcy of the Bank 1. In accordance with article 1 hereof the Bank of Russia has the right to invite the Agency to participate in the implementation of measures to prevent bankruptcy.
2. a decision on direction in the Agency proposal to participate in the bankruptcy of the Bank was adopted by the Committee of banking supervision of the Bank of Russia.
3. From the date of circulation by the Bank of Russia in the Agency proposal for participation in the prevention of bankruptcy and before the date of expiry of the implementation of measures to prevent the bankruptcy of the Bank in accordance with this federal law, the Bank of Russia has the right to take the following decisions:

1) does not apply to the measures under article 74 of the Federal law dated July 10, 2002 N 86-FZ "on the Central Bank of the Russian Federation (Bank of Russia)" (hereinafter referred to as the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)");
2) not to impose under article 48 of the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation (hereinafter referred to as the Federal law" on insurance of deposits of natural persons in banks of the Russian Federation "), the ban on bringing in cash assets of private individuals into deposits and opening bank accounts for natural persons;
3) to maintain the Bank's license for carrying out banking operations in the cases provided by paragraph 2 of article 20 of the Federal Act "on banks and banking activities";
4) submit to the Bank a respite (installments) to amend the amount of nedovnesennyh funds in required reserves deposited with the Bank of Russia for the implementation of the plan of the Agency's involvement in the bankruptcy of the Bank. In this case, the Bank shall prepare a monthly calculation of required reserves to be deposited, and submit it to the Bank of Russia in the manner prescribed by the Bank of Russia.
Article 4. Evaluation of the financial situation of the Bank 1. Bank of Russia may decide to carry out an assessment of the financial situation of the Bank to deal with the question of the usefulness of the participation of the Agency in the implementation of measures to prevent the bankruptcy of the Bank.
2. assessment of the financial position of the Bank is carried out jointly with the representatives of the Bank of Russia and the Agency in accordance with the normative acts of the Bank of Russia.
3. in order to assess the financial position of the Bank, the Bank of Russia and the Agency has the right to send their representatives. These representatives shall have the right of access to all premises of the Bank, any documents and information systems of the Bank, and also have the right to request and receive from the Bank any information (including information constituting commercial and banking secrecy) and documents.
4. upon completion of the assessment of the financial situation of the Bank referred to in part 3 of this article the representatives sent to the Bank of Russia and the Agency a report on the results of its activities.
Article 5. The Agency's decision to participate in the bankruptcy of the Bank 1. Agency no later than 10 days after receipt of a proposal of the Bank of Russia of agency involvement in the bankruptcy of the bank notifies the Bank of Russia to decide on participation in preventing bank failure or refusal of such participation.
2. considering the proposal of the Bank of Russia for participation in the Bank's bankruptcy, the Agency has the right to: 1) apply to the Bank of Russia and (or) to potential investors with a proposal on the definition of the types of financial assistance and (or) other forms of assistance to the Bank, subject to the decision of agency involvement in the bankruptcy of the Bank;
2) to negotiate with the management bodies of the Bank, its founders (participants), potential investors and other individuals on the implementation of measures to prevent the bankruptcy of the Bank;
3) apply to the Bank of Russia is requesting additional information required for the decision specified in subsection 1 of this article.
3. The Agency's decision to waive participation in the bankruptcy of the Bank must be motivated. In the case of the Agency of such decision the Bank of Russia applies to measures under federal laws.
Article 6. The Agency's plan of involvement in preventing bankruptcy 1. Under this federal law on bankruptcy prevention measures of the Bank with the participation of the Agency are carried out on the basis of the plan, which must be sent by the Agency to the Bank of Russia within 10 days from the date of adoption by the Agency of the proposals of the Bank of Russia of involvement in the bankruptcy of the Bank.
2. Within 10 days of receipt of the plan the Agency's involvement in preventing the bankruptcy Committee of banking supervision of the Bank of Russia decides on its harmonization (approval) or refusal to harmonization (approval). If the Agency's plan of involvement in preventing bankruptcy provides for the use of funds from the Bank of Russia, agreed upon by the Committee of banking supervision of the Bank of Russia plan is subject to approval by the Board of Directors of the Bank of Russia within the specified period. Procedure of approval (approval) of the plan the Agency's involvement in the bankruptcy of the Bank establishes a normative act of the Bank of Russia. If plan participation Agency in preventing the bankruptcy of a bank or additions thereto provides for the transfer of assets and liabilities, or parts thereof, the plan should contain information on the composition of the assets and liabilities transferred and their value and the methods of evaluation.
3. during the period from the date of negotiation (approval) of the plan the Agency's participation in preventing bankruptcy and before the date of the expiration of its implementation (completion of the bankruptcy prevention measures), the Agency shall submit to the Bank of Russia monthly progress report on the implementation of the activities envisaged under the plan. Part of the report and its presentation shall be determined by regulation of the Bank of Russia.

4. In the event of a decision on refusal to harmonization (approval) of the plan the Agency's involvement in the bankruptcy of the Bank or, in the case of impossibility of performance of the plan adopted pursuant to part 3 of article 3 of this federal law, the decision of the Bank of Russia shall be null and void.
5. the Bank of Russia and the Agency shall exchange information on the existence of grounds indicating inability to comply with Agency participation plan in preventing bankruptcy.
6. In case the Bank agreed (approved) Agency participation plan in bankruptcy of the Bank, the Bank of Russia has the right to take a decision on the impossibility of performance of the plan and (or) on the performance of Agency functions of the interim administration, as well as other measures provided for by the legislation of the Russian Federation.
Article 7. Change the size of the authorized capital of the Bank 1. Bank of Russia following the directions to the Agency proposal to participate in the bankruptcy of the Bank may take a decision to reduce the size of the authorized capital of the Bank up to the own funds (capital) if at the time of adoption of the decision, the founders (participants) of the Bank did not take a decision to reduce the size of the authorized capital of the Bank.
2. the amount of own funds (capital) of the Bank shall be calculated according to the rules established by the Bank of Russia in compliance with the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)". A negative value of magnitude of own funds (capital) of the Bank the size of its Charter capital shrinks to one ruble.
3. Decision to reduce the size of the authorized capital of the Bank up to the own funds (capital) is made in the manner prescribed by regulation of the Bank of Russia, the banking supervision Committee of the Bank of Russia, and shall be formalized by the Bank of Russia, signed by the Chairman of the Bank of Russia or the Chairperson of the Committee of banking supervision of the Bank of Russia. Message about reducing the size of the authorized capital of the Bank not later than 10 working days after the decision is published in the "Bulletin of the Bank of Russia".
4. the decision of the Bank of Russia on the reduction of the amount of the authorized capital of the Bank up to the magnitude of its own funds (capital) comes into force from the date of adoption of the corresponding order of the Bank of Russia and can be appealed within 30 days from the date of publication of the communication "Bulletin of the Bank of Russia". Appeal against the decision of the Bank of Russia, as well as measures to ensure the claims against the Bank shall not suspend the activity of the decision of the Bank of Russia. Based on the decision of the interim administration, including assigned by the Bank of Russia in compliance with the Federal law on Insolvency (bankruptcy) of credit institutions ' obligation to perform actions aimed at bringing the constitutive documents of the Bank in compliance with the decision. For banks operating in the form of a joint stock company, the interim administration shall also decide on the placement of shares, prepares and approves the decision to issue shares and to report on the issue of shares in accordance with the requirements of the normative acts of the Bank of Russia.
5. Bank of Russia within one working day from the date of the interim administration of all documents properly in case of adoption of the decision by the Bank of Russia on the reduction of the amount of the authorized capital of the Bank shall take the decision referred to in paragraph 3 of article 10 of the Federal law "on banks and banking activities".
6. the authorised registration body within one working day from the receipt of the required information and documents introduced into the unified State registry of legal persons for information about decreasing the size of the authorized capital of the Bank on the basis of documents sent to the interim administration.
7. At the same time reducing to address Bank of Russia the size of the authorized capital of the Bank up to the own funds (capital) will not be governed by the federal laws: 1) for mandatory notification of creditors of their right to demand from the Bank the termination or early performance of obligations and compensation for related losses;
2) on the right of the creditor bank requirements statement of termination or early performance of obligations and compensation for related losses;
3) on liquidation of the Bank, if the amount of its own funds (capital) is less than the minimum amount of the authorized capital, established by federal law and regulation of the Bank of Russia on the date of State registration of a bank.
8. When reducing the size of the authorized capital of the Bank up to the own funds (capital) by the Bank of Russia will not apply the provisions of article 29 of the Federal law of December 26, 1995, N 208-FZ "about joint-stock societies" (hereinafter referred to as the Federal law "on joint stock companies") and article 20 February 8, 1998 Federal law N 14-ФЗ "About societies with limited liability company (hereinafter-Federal law on limited liability companies").

9. If at the time of adoption of the decision to reduce the size of the Bank's authorized capital up to one ruble Bank joint-stock company is at any of the stages of issue of shares (in the form of a limited liability company-at any stage of increasing the size of the authorized capital), the Bank of Russia decides: 1) to the Bank in the form of a joint-stock company-recognition of share issue failed and the cancellation of its registration;
2) against the Bank in the form of a limited liability company-for rescission of the decision to increase the size of the authorized capital.
10. If at the time of the Bank of Russia share issue invalid (a decision repealing the decision on the increase of the share capital) in the address of the Bank received cash in return for shares (shares), such monies ordered by the interim administration must be returned in accordance with the legislation of the Russian Federation not later than within three working days from the date of adoption of the decision to revoke the release (additional issue) of shares (a decision repealing the decision on the increase of the share capital).
11. Own shares (shares) of the Bank, held by it on the balance sheet at the time of adoption of the decision on reduction of the amount of the authorized capital of the Bank up to one ruble should be repaid.
12. The Interim Administration can be accepted the decision about offering of additional shares (making an additional contribution to the authorized capital). In the case of adoption of the decision by shareholders (participants) of the Bank does not apply the preferential right to purchase shares (shares).
13. the placement of additional shares (making an additional contribution to the authorized capital) may not be shareholders (participants) of the Bank who owned more than 1 per cent of its shares (shares) during the three months preceding the date of the Bank of Russia offers to the Agency about its involvement in the bankruptcy of the Bank, and before the date of decision-making about placing additional shares (making an additional contribution to the authorized capital). The Agency's participation or investor on the outcome of the capital increase should allow them to determine the Bank's decisions on issues within the competence of the general meeting of its founders (or participants), including on its reorganization or liquidation.
14. For the acquisition by the agency or the investor shares (shares) of the Bank in accordance with the measures to prevent the bankruptcy of the Bank is not subject to the provisions of federal laws governing: 1) prior consent of Bank of Russia for the purchase of stocks (shares) of the Bank;
2) obtain consent to deal with the shares of the Bank the Federal competition authority (federal anti-monopoly authority notice);
3) acquisition of 30 percent or more of the ordinary shares of the Bank, a joint-stock company;
4) compliance with the minimum amount of the authorized capital of the Bank, established by federal law and regulatory acts of the Bank of Russia on the date of State registration of a bank;
5) order disclosure in the form of messages on essential facts (events, activities), relating to the financial and economic activity of the Bank;
6) attraction of the State financial supervisory authority to determine the rates of placement of shares.
15. the authorised registration body makes into the unified State registry of legal persons information on the increase of the authorized capital of the Bank on the basis of documents sent to the interim administration.
16. An additional issue of shares of the Bank may be fully or partly acquired by the Agency. The Agency has the right to make a contribution to the authorized capital of the Bank.
17. the peculiarities of issuance and registration of securities banks in implementing Agency on bankruptcy prevention measures banks are established by regulations of the Bank of Russia.
Article 8. Implementation of the Agency's functions and powers of the Transitional Administration 1. By the decision of the Bank of Russia in case the Agency's consent to participate in the bankruptcy of the Bank may be transitional administration functions assigned to the Agency. The Agency carries out the functions and powers of the transitional administration through their assigned from among its employees representative, acting on the basis of power of attorney.
2. From the date of appointment to the Bank of the interim administration suspended the rights of founders (participants) of the bank related to the participation in its authorized capital stock (including the right to convene a general meeting of shareholders (participants), and powers of the management bodies of the Bank.
3. Acting as an interim administration, the Agency has the right to: 1) exercise the powers stipulated by the Federal law "on Insolvency (bankruptcy) of credit institutions" and issued in accordance with the normative acts of the Bank of Russia for the Transitional Administration in case of suspension of the authority of the executive bodies of the Bank;
2) implement actions associated with a reduction in the size of the Bank's authorized capital up to the magnitude of its own funds (capital) to decide on amendments to the Statute;

3) perform actions associated with an increase in the size of the share capital, including deciding on the placement of shares to approve the decision to issue shares and to report on this issue, to take a decision on the amendment of the articles of Association;
4) make decisions about reorganization of the Bank;
5) sell property of the Bank, including the purchase of his agency;
6) to transfer the assets and liabilities, or parts thereof;
7) apply to the Court with a demand for recognition of transactions made by the Bank, invalid on grounds provided for by article 28 of the Federal law on Insolvency (bankruptcy) of credit institutions ";
8) Bank withdraw from the contract in cases and in the manner envisaged by the Federal law on Insolvency (bankruptcy) of credit institutions ";
9) to act as the organizer of auctions on sale of property, which is the enforcement of the obligations of the Bank, including the Bank of Russia;
10) carry out other measures aimed at the prevention of bankruptcy;
11) to take a decision on the liquidation of the Bank.
4. In the event of termination of the Transitional Administration in cases according to the Transitional Administration, the Bank acts as the plaintiff, and if the Arbitration Court decision declaring Bank bankrupt and on the opening of bankruptcy proceedings (bankruptcy trustee approval) or the decisions of the arbitral tribunal on the appointment of a liquidator or trustee-liquidator.
Article 9. Transfer of assets and liabilities, or parts thereof 1. In the framework of the implementation of the authority of the interim administration, the Agency has the right to implement a set of measures to transfer the assets and liabilities of the Bank or their parts purchasers. When transferring assets and liabilities of the bank acquirer, or portions thereof, do not apply the rules on obtaining the consent of the creditors of the Bank to shift their rights demands on an individual, prior notification of creditors on the transfer of obligations to the purchaser, the statement of the creditors of the termination or early performance of obligations owed to them in connection with such a transfer, as well as other rules governing the sale of the business.
2. The transfer of assets and liabilities, or parts thereof, are carried out on the basis of the principles of good faith and reasonableness of the action of the interim administration, the equivalence of the size of the transferred liabilities value passed to the property, to protect the rights and legitimate interests of creditors, including minimizing their losses on the realization of their right to obtain satisfaction of their legitimate claims to the Bank, priorities and proportionality, creditors, equity lenders one queue.
3. Purchaser can be transferred all or part of the obligations of the Bank.
4. in the case of transfer of part of the liabilities of the bank acquirer obligations of creditors subsequent queue are transmitted only after full transfer of obligations of creditors of previous phases. The specified priority shall be determined in accordance with article 50-36 of the Federal law on Insolvency (bankruptcy) of credit institutions ". May not be transferred to the acquiring part of the Bank's liabilities in a single queue, unless otherwise stipulated by this article.
5. obligations of the acquirer of the upload size is determined by the Interim Administration on the basis of the information available in the Bank.
6. After the transfer of the assets and liabilities of the bank acquirer, the latter shall execute the received commitments and (or) the obligation to pay the obligatory payments to the conditions that existed on the day of the specified transfer.
7. the purchaser of the property and liabilities of the Bank or their parts is determined by the interim administration by private selection from among banks licensed to attract cash assets of private individuals into deposits. The procedure and conditions of private selection are established by the Board of Directors of the Agency. When conducting a private selection of participants provides information on the composition of the assets and liabilities transferred and their value and the methods of evaluation. The Agency is obliged on demand of the creditor bank to provide information on the composition of the assets and liabilities transferred and their value and the methods of evaluation.
8. the Bank's admission of a candidate to participate in the closed selection acquirer property and liabilities of the Bank is the financial position of the Bank, adequate candidate for execution bankomkandidatom received commitments, as well as for the fulfilment of the obligatory standards and required reserves, established by the Bank of Russia.
9. Information on banks-candidates participating in a closed selection process, is sent to the Bank of Russia. The Bank of Russia has the right to prohibit the acquisition of the Bank in the event of any inconsistency between the candidate to the requirements established by part 8 of this article.

10. the purchaser of the property and liabilities of the Bank or their parts and the interim administration, acting on behalf of the Bank, conclude a contract (contracts) the transfer of assets and liabilities, or parts thereof, where (in which) specifies the conditions of such transfer. The Treaty (treaties) may contain the consequences of the transfer to the buyer of the property of inadequate quality, including the subsequent return of such property to the Bank with the payment of the cost of bank acquirer (postback). In the case of a postback acquirer bank assets of inadequate quality, the Agency has the right to execute Bank for its commitment to compensate the purchaser the value of such property. While the Fund of obligatory deposit insurance amount may be paid by the purchaser in the amount not exceeding the amount proportional to the insured obligations consisting of all transferred to purchaser obligations. (As amended by the Federal law of 07.05.2013 N 81-FZ) 11. Contract transfer to the buyer of the property and liabilities of the Bank or a part thereof shall be in writing and does not require State registration, except the transfer of purchaser of real estate and other property for which the State registration of the transfer of rights provided by federal law.
12. assets and liabilities of the Bank are considered to be transferred to the purchaser from the date of signing by both parties of the corresponding deed of transfer. From that moment on the purchaser passes the risk of accidental loss or accidental damage of the property.
13. In the composition of assets and liabilities-transferable part of obligations to creditors of the first stage of the amount owed insurance payments in accordance with the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation (hereinafter also referred to as insured obligations). In case of exceeding the size passed to the purchaser of the insured liabilities over the cost of the property passed to it (hereinafter also referred to as negative balance transfer) the Agency shall pay from the Fund of obligatory deposit insurance purchaser priobretatel'skuju award in the amount of the negative balance transfer. If you pass to the purchaser of the insured obligations to creditors of the first stage of payment of insurance indemnity in relation to the obligations that have not been sent upon occurrence of an insured event does not occur.
14. the agency financed by the Fund of obligatory deposit insurance to pay creditors of the first stage, have not received during the liquidation of the Bank meet the requirements in full, the amount compensating the difference between their means and means that they would have received if the assets and liabilities of the Bank were not transferred to the acquirer.
15. The Agency, paid to the recipient either award priobretatel'skuju who performed in accordance with part 10 of this article for bank liabilities last purchaser compensation of the value of the property returned, goes right to the Bank within the purchaser paid amount. In the course of bankruptcy proceedings (liquidation) of the Bank specified requirement is met in the first phase of the creditors. (As amended by the Federal law of 07.05.2013 N 81-FZ) 16. Simultaneously with the signing of the corresponding deed of transfer Agency directs for publication in the Print Edition, determined in the manner prescribed by paragraph 1 of article 50-17 of the Federal law on Insolvency (bankruptcy) of credit institutions ", information on the transfer to the buyer of the Bank's liabilities. This information should contain details on: 1) on criteria for inclusion among the obligations transferred to the purchaser;
2) on how to obtain information about assignment creditors obligations to them among the transferred to the recipient.
Article 10. The financing of measures to prevent bank failures 1. Interventions to prevent bank failures are carried out at the expense of investors, the Agency of the Bank of Russia, and can also be financed from the federal budget, provided as a property of the Russian Federation's contribution to the assets of the Agency.
2. For the implementation of measures to prevent bankruptcy, the Agency has the right to apply to the Bank of Russia for the loan. The decision to grant credit to the Agency for the implementation of measures to prevent bankruptcy, was adopted by the Board of Directors of the Bank of Russia. Bank loan can be granted to the agency without providing for a period of up to five years.
3. the Agency shall have the right to carry out activities to prevent the bankruptcy of the Bank at the expense of the mandatory deposit insurance fund. The size limit specified funding approved in the manner prescribed by the Board of Directors of the Agency.
4. Financing of the activities on the prevention of bankruptcy due to the mandatory deposit insurance fund may only be carried out while under the following conditions:

1) if funding these activities will cause a reduction in the cost of mandatory deposit insurance fund in case of liquidation of the Bank;
2) if funding these activities will not affect the stability of the mandatory deposit insurance fund.
5. the allocation of federal funds for the implementation of measures to prevent bank failures involving the Agency shall be effected by depositing the property contribution from the Russian Federation in the property agency, which is not a mandatory deposit insurance fund, to form the sources of costs of the activities envisaged under the federal laws. How to make a specified property assessment is determined by the Federal law on the federal budget.
6. If the Agency has acquired shares or contributed to the authorized capital of the Bank, it is obliged upon receipt of proposal a person interested in buying all of the acquired Agency stocks (shares), put them up for sale by public tender.
7. Price realization of all the acquired Agency stocks (shares) of the Bank shall not be less than the greater of the two values: the value of the Bank's net assets (assets not encumbered obligations) on the date of receipt by the Agency of the proposal or the size of the means to the Agency for payment of authorized capital for acquisition cost.
8. return of funds provided by the Agency to prevent the bankruptcy of the Bank, as well as the execution of other commitments to the Agency shall be made within the prescribed time frame relevant treaties, including terms that exceed the time-frame for the implementation of the plan of the Agency's involvement in the bankruptcy of the Bank.
Article 11. Final provisions 1. This federal law shall enter into force on the day of its official publication and is valid until December 31, 2014 inclusive. (As amended by federal law from 03.12.2011 N 381-FZ)
2. the Federal law on banks and banking activities ", federal law" on joint stock companies ", federal law" on limited liability companies ", federal law" on Insolvency (bankruptcy) of credit institutions ", the Federal Act of August 8, 2001 N 129-ФЗ" about the State registration of legal entities and individual entrepreneurs ", federal law" on the Central Bank of the Russian Federation (Bank of Russia) "and the Federal law" on insurance of deposits of natural persons in banks of the Russian Federation "shall apply subject to the provisions of this federal law.
3. If, during the period from September 15, 2008 years prior to the date of entry into force of this federal law for banks that are members of the system of compulsory health insurance for deposits in banks of the Russian Federation, without the participation of the Agency has initiated measures similar to the content of the measures set out in paragraphs 1-4 of part 1 of article 2 hereof, the Bank of Russia has the right to take on these banks ' decisions similar decisions stipulated in clauses 1-4 of part 3 of article 3 hereof, provided that these measures are consistent with the plan of measures to prevent the bankruptcy of these banks in the event of approval of such a plan, later the Committee of banking supervision of the Bank of Russia. (Part is supplemented by federal law from 19.07.2009 N 193-FZ), the President of the Russian Federation Dmitry Medvedev Kremlin, Moscow October 27, 2008 year N 175-FZ

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