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On Additional Measures To Support The Financial System Of The Russian Federation

Original Language Title: О дополнительных мерах по поддержке финансовой системы Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On additional measures to support financial system of the Russian Federation Adopted by the State Duma on October 10, 2008 Approved by the Federation Council on October 13, 2008 17.07.2009 N 168-FZ; of 25.11.2009 N 279-FZ; of 27.12.2009 N 361-FZ; , 16.02.2010 N 12-FZ; of 22.05.2010 N 101-FZ; dated 27.07.2010. N 206-FZ; dated 21.07.2014. N 275-FZ; dated 13.07.2015. N 224-FZ; dated 29.12.2015 N 391-FZ) Article 1 1. State Corporation "Bank for Development and Foreign Economic Activity (Vnesheconombank)" (Vnesheconombank) from the date of entry into force of this Federal Law and up to and including 31 December 2009 is entitled to grant organizations, to satisfy the requirements established under this article, credits (loans) in foreign currency, with the possibility of extending the term of their use, to redeem and (or) the servicing of loans (loans) received by these organizations until 25 September 2008 from foreign organizations, To acquire the rights of foreign creditors ' claim to these organizations on obligations arising prior to 25 September 2008 and to perform other operations for the purposes specified in accordance with the decisions of the Supervisory Board of Vnesheconombank. The total amount of these loans (loans) as well as Vnesheconombank's rights requirements should not exceed the amount equivalent to $50 billion. United States dollars. (In the wording of Federal Law of 27.12.2009) N 361 to F) 2. The minimum interest rate on loans granted under this Article shall be greater than the US dollar LIBOR rate of one year fixed on the date of the credit, and in case of extension of the term The use of credit-fixed at the date of the agreement on the extension of the term of use of such a loan-is not less than 5 percentage points. (In the wording of Federal Law of 27.12.2009) N 361 to F) 3. The requirements for the loans (loans), the order and conditions for the granting of credits (loans), as well as the requirements for the organizations whose obligations are acquired, shall be set by the Supervisory Board. Vnesheconombank. 4. One of the conditions for a loan (loan) may be the obligation of the loan recipient (loan) until the repayment of the loan (loan) is agreed upon with Vnesheconombank (loans) from third parties; Substantial contract terms for such loans (loans). Article 2 1. In order to ensure the possibility of granting Vnesheconombank loans (loans) referred to in Article 1 of this Federal Law, the Central Bank of the Russian Federation shall post after the date of the entry into force of this Federal Act, Vnesheconombank deposits with a total value of not more than 50 billion rubles. In the case of USD 1 per cent, the period of one year at a rate of one year fixed at the date of deposit placement, with the possibility of extending the period of placement. 1-1. In case the Central Bank of the Russian Federation has extended the term of deposit of Vnesheconombank's deposits in order to determine the rate in accordance with this article, the rate of LIBOR in United States dollars for one year fixed at the date is used. The conclusion of an agreement to extend the placement of such deposits. (Part added-Federal law of 27.12.2009 N 361 to F) 2. The funds placed in accordance with this article may be used by Vnesheconombank solely for the purposes specified in article 1 of this Federal Act. Article 3 Central Bank of the Russian Federation, from the date of entry into force of this Federal Law and until 31 December 2010 , is entitled to enter into agreements with the credit institutions, The Central Bank of the Russian Federation undertakes to compensate such credit institutions for part of the loss (s) arising from transactions with other credit organizations committed since the day of entry into force of such credit. of the Federal Law until 31 December 2010 , inclusive, which have revoked the banking licence. (In the wording of Federal Law No. N 279-FZ) Article 4 1. The funds of the National Welfare Fund may be placed in Vnesheconombank deposits for a total amount of not more than RUB 410 billion in the order established by the Government of the Russian Federation, under the following conditions: class="ed">1) at a rate of 6.25% per annum for a term of up to 31 December 2019, with the possibility of extension based on the decision of the Government of the Russian Federation to extend the deployment until 31 December 2022, inclusive starting from 1 January 2020 the rate indicated in Part 1 to 1 of this Article, for Vnesheconombank's operations as set out in article 6, paragraph 1, of this Federal Act; g. 224-FZ) 2) at a rate of 7.25% per annum for the term of up to 31 December 2020, with the possibility of extension based on the decision of the Government of the Russian Federation to extend the period up to 31 December 2023, inclusive The use of the rate specified in part 1-2 of this article, starting from 1 January 2021, for the implementation by Vnesheconombank of the operations specified in parts 1 and 1 to 1 of Article 6-1 of this Federal Law. (In the wording of the federal laws of 13 July 2015, N 224-FZ; dated 29.12.2015 N 391-FZ (Part of the Federal Law of 17.07.2009) N 168-FZ) 1-1. In case of adoption by the Government of the Russian Federation of a decision on the extension of the term of the National Welfare Fund to Vnesheconombank for deposits under paragraph 1 of Part 1 of this article, for determination of the rate at The deposit, which has been applied since 1 January 2020, uses a rate equal to the value of the consumer price index for goods and services in the Russian Federation, calculated by the federal executive authority responsible for the development of public policy and regulatory framework for the Statistics on social, economic, demographic, environmental and other social processes in the Russian Federation for the last calendar year preceding the accrual period The interest income, which was officially published by the said executive branch, increased by 1 percentage point, but not less than 6.25% per annum. (Part of the addition is the Federal Law of 13 July 2015. 224-FZ) 1-2. In case of adoption by the Government of the Russian Federation of a decision on the extension of the term of the National Welfare Fund to Vnesheconombank for deposits under paragraph 2 of Part 1 of this Article to determine the rate at that time The deposit, which has been applied since January 1, 2021, uses the rate equal to the value of the consumer price index for goods and services in the Russian Federation, calculated by the federal executive authority exercising the functions of development public policy and regulatory framework for the Statistics on social, economic, demographic, environmental and other social processes in the Russian Federation for the last calendar year preceding the accrual period The interest income, which was officially published by the said executive branch, increased by 1 percentage point, but not less than 7.25% per annum. (Part of the addition is the Federal Law of 13 July 2015. N224-FZ) 1-3. The rate specified in parts 1 to 1 and 1 to 2 of this article shall not exceed the limit set by the Central Bank of the Russian Federation on subordinated credit (deposit, loan, bond loan) in roubles, a reduction of 0.25 percentage points. (Part of the addition is the Federal Law of 13 July 2015. 224-FZ) 2. The funds placed in accordance with Part 1 of this article may be used by Vnesheconombank exclusively for the operations specified in article 6, paragraph 1, and article 6, paragraph 1, of this Federal Act. (In the wording of Federal Law of 17.07.2009) N 168-FZ 3. On the basis of certain decisions of the Government of the Russian Federation, the funds referred to in part 1 of this article, which have been returned by the credit institution's obligations under the subordinated credits (loans) referred to in article 6, paragraph 1, and Part 1 of Article 6-1 of this Federal Law may be aimed at the purchase of preferred shares of credit organizations that have fulfilled these obligations. (Part of the addition is the federal law of 21.07.2014. N 275-FZ)4. Preferred shares specified in part 3 of this article are not taken into account in the calculation of the share of preferred shares (nominal value of allocated privileged shares) in the total amount of authorized capital For the purposes of article 102, paragraph 1, of the Civil Code of the Russian Federation and article 25, paragraph 2, of the Federal Act of 26 December 1995 No. 208-FZ "On joint-stock companies", such privileged shares are not subject to such preferential measures. the requirements of article 32, paragraph 2, of the Federal Law on Compulsory Definition in the Statute A joint-stock company, the size of the dividend and/or the value paid for the liquidation of the society (liquidation value) for preferred shares. The provisions of chapters X and XI of the Federal Act of 26 December 1995 No. 208-FZ "On joint-stock companies" do not apply to transactions with these preferred shares (including in the course of their issuance and accommodation). (Part of the addition is the federal law of 21.07.2014. N 275-FZ) 5. At the decision of the general meeting of shareholders to increase the authorized capital of the credit institution by placing such privileged shares and amending the charter of the credit institution, the provisions on these privileged shares are not covered. requirements for their acceptance by a majority of at least three quarters of the shareholders ' voting shareholders participating in the general meeting of shareholders established by article 39, paragraph 3, and article 49, paragraph 4, of the Federal Act of 26 December 1995 N 208-FZ "On joint-stock companies". Such decisions are taken by a majority of shareholders-voting shareholders in the society participating in the general meeting of shareholders. (Part of the addition is the federal law of 21.07.2014. N 275-FZ 6. Preferred shares referred to in part 3 of this article shall not be taken into account in the calculation of the shares belonging to legal entities referred to in article 1, paragraph 1, of the Federal Act of 18 July 2011, No. 223-FZ " O procurement of goods, works, services of certain types of legal entities ", in the authorized capital of economic societies for the purpose of determining the legal entities subject to the requirements for the procurement of goods, works and services established by the Federal Law of 18 July 2011 N 223-FZ " On procurement of goods, works and services by individual visas Legal entities ". (Part of the addition is the Federal Law of 29.12.2015). N 391-FZ) Article 5 1. The Central Bank of the Russian Federation provides subordinated loans to the Savings Bank of the Russian Federation (deposits, loans, bond issues) without collateral of no more than $500 billion. The term of the contract is not less than 50 years, with a term of up to 50 years, and (or) with the term of engagement for not less than 50 years, with the possibility of the borrower's extension of the subordinated loan (loan) term. more than once every 50 years without agreement with the lender at 6.5 percent per annum, with the possibility of revising it after December 31, 2019. (In the wording of the Federal Law No. N 275-FZ2. Subordinated loans (loans) referred to in part 1 of this article may be provided, in whole or in part, by the Central Bank of the Russian Federation acquiring bonds issued by the Savings Bank of the Russian Federation and (or) Securities from which funds are allocated to provide the Savings Bank of the Russian Federation with the subordinated loans (loans). (In the wording of the Federal Law No. N 275-FZ 3. The Central Bank of the Russian Federation may send for the purchase of preferred shares of the Savings Bank of the Russian Federation to the Russian Federation. Federation of subordinated loans (loans). (Part of the addition is the federal law of 21.07.2014. N 275-FZ)4. Preferred shares specified in part 3 of this article are not taken into account in the calculation of the share of preferred shares (nominal value of allocated privileged shares) in the total amount of authorized capital For the purposes of article 102, paragraph 1, of the Civil Code of the Russian Federation and article 25, paragraph 2, of the Federal Act of 26 December 1995 No. 208-FZ "On joint-stock companies", such privileged shares are not subject to such preferential measures. the requirements of article 32, paragraph 2, of the Federal Law on Compulsory Definition in the Statute A joint-stock company, the size of the dividend and/or the value paid for the liquidation of the society (liquidation value) for preferred shares. The provisions of chapters X and XI of the Federal Act of 26 December 1995 No. 208-FZ "On joint-stock companies" do not apply to transactions with these preferred shares (including in the course of their issuance and accommodation). (Part of the addition is the federal law of 21.07.2014. N 275-FZ) 5. At the decision of the general meeting of shareholders to increase the authorized capital of the credit institution by placing such privileged shares and amending the charter of the credit institution, the provisions on these privileged shares are not covered. requirements for their acceptance by a majority of at least three quarters of the shareholders ' voting shareholders participating in the general meeting of shareholders established by article 39, paragraph 3, and article 49, paragraph 4, of the Federal Act of 26 December 1995 N 208-FZ "On joint-stock companies". Such decisions are taken by a majority of shareholders-voting shareholders in the society participating in the general meeting of shareholders. (Part of the addition is the federal law of 21.07.2014. N 275-FZ Article 6 1. To establish that Vnesheconombank: 1) from the date of entry into force of this Federal Law until 31 December 2008, provides the following subordinated loans (loans) without security: a) open JSC "VTB Bank" for a sum not exceeding $200 billion For the period up to 31 December 2019, the rate is set at 6.5% per annum; (Federal Law 27 July 2010 N 206-FZ ) b) Rosselkhozbank, an open joint-stock company, for a sum not exceeding 25 billion dollars. For the period up to 31 December 2019, the rate is set at 6.5% per annum; (Federal Law 27 July 2010 (N 206-FZ) 2) from the date of the entry into force of this Federal Law and until 31 December 2009, is entitled to provide subordinated loans (loans) without collateral up to 31 December 2019, inclusive The rate of 6.5% per annum for Russian credit institutions under the following conditions: (In the revision of the Federal Law dated 27.07.2010. N 206-FZ) (a) the credit institution has a long-term credit rating (credit rating) below the established minimum level; b) received by a credit institution After October 1, 2008 from third parties subordinated loans (loans) and (or) amounts to the authorized capital of this credit institution; 3) if the Government of the Russian Federation is accepted Federation of decision on extension of Fund allocation The national welfare in Vnesheconombank on deposits under Article 4 of this Federal Law has the right to extend until December 31, 2022. Credit organizations that have been granted subordinated loans in accordance with paragraph 2 of this Part. In case of extending the period of granting such subordinated loans (loans) as from 1 January 2020, the rate is equal to the value of the consumer price index for goods and services in the Russian Federation, by the federal executive body responsible for the formulation of public policies and regulations in the area of official statistics, the formation of official statistics on the social, economic, demographic, environmental and other Processes in the Russian Federation, the last calendar year, prior to the period of interest income, for which an official publication has been made by the said executive branch, increased by 1.25 percentage points, but not Below 6.5 per cent per annum. The said rate should not exceed the limit of the interest rate set by the Central Bank of the Russian Federation on subordinated loan (deposit, loan, bond loan) in rubles. (Paragraph amended by the Federal Law of 13 July 2015). 224-FZ) 2. The total sum of subordinated loans (loans) provided by Vnesheconombank in accordance with paragraph 2 of Part 1 of this article of one credit institution shall not exceed 15 per cent of the recipient's own funds (capital). Credit (loan), calculated on 1 October 2008, and 100 per cent of the total amount specified in subparagraph 2 (b) of paragraph 2 of Part 1 of this Article. 3. Subordinated loans (loans) referred to in paragraph 2 of part 1 of this article may be granted, in whole or in part, by the acquisition of Vnesheconombank (loans) by credit institutions. bonds and (or) bonds issued in their favour and their eurobonds issued by and (or) circulating in the territory of the Russian Federation and (or) outside the territory of the Russian Federation. 4. List of rating agencies whose ratings are used to determine the long-term creditworthiness of credit institutions under subparagraph 2 (a) of paragraph 2 of part 1 of this article and the necessary minimum indicators of the relevant The ratings, additional requirements for the loan recipients (loans), as well as the procedure and conditions for granting credits (loans) are set by the Vnesheconombank's supervisory board. 5. The transactions referred to in paragraph 1 of part 1 of this article and in article 5, paragraph 1, of this Federal Act shall not be subject to the requirements laid down in chapter XI of the Federal Law N 208-FZ " On joint-stock companies ". Article 6-1 1. To establish that Vnesheconombank will be entitled to provide subordinated loans (loans) until December 31, 2020, up to and including 31 December 2020 at 7.5% per annum Russian credit organizations, subject to the following conditions: (as amended by the Federal Law of July 27, 2010). N 206-FZ )1) the credit institution has a long-term credit rating (credit rating) below the established minimum level; 2) receiving Loan organization of subordinated loan (loan) from Vnesheconombank in accordance with Article 6, paragraph 2, of this Federal Law, in the amount of 15% of the amount of its own funds (capital) of the loan recipient (loan), calculated on 1 October 2008; 3) credit by the organization, after 1 October 2008, of subordinated loans (loans) and (or) persons subordinated to this credit institution in an amount exceeding 15 per cent of the size of their own funds (capital) Credit (loan), calculated on 1 October 2008. 1-1. To establish that Vnesheconombank, in case the Government of the Russian Federation has decided to extend the placement of funds of the National Welfare Fund in Vnesheconombank on deposits in accordance with Article 4 of this Federal Law eligible to extend until 31 December 2023, inclusive of subordinated loans (loans), without collateral for Russian credit organizations provided by subordinated loans (loans) under Part 1 of this article. In case of extending the period of granting such subordinated loans (loans) as from 1 January 2021, the rate is equal to the value of the consumer price index for goods and services in the Russian Federation, by the federal executive body responsible for the formulation of public policies and regulations in the area of official statistics, the formation of official statistics on the social, economic, demographic, environmental and other Processes in the Russian Federation, the last calendar year, prior to the period of interest income, for which an official publication has been made by the said executive branch, increased by 1.25 percentage points, but not Below 7.5 per cent per annum. The said rate should not exceed the limit of the interest rate set by the Central Bank of the Russian Federation on subordinated loan (deposit, loan, bond loan) in rubles. (Part of the addition is the Federal Law of 13 July 2015. 224-FZ)2. The total sum of subordinated loans (loans) provided by Vnesheconombank under Part 1 of this article of one credit institution shall not exceed 50 per cent of the amount of its own funds (capital) of the loan recipient (Loan) for the 1st month of the application for a loan (loan) and 300 per cent of the funds received by the credit institution after 1 October 2008 from third parties in the form of subordinated loans (loans) and (or) the payment of a contribution to the authorized capital of that credit institution, exceeding 15 per cent of the equity (capital) of the loan (capital) of 1 October 2008. 3. Subordinated loans (loans) referred to in part 1 of this article may be granted, in whole or in part, by the acquisition of bonds issued by Vnesheconombank (loans) by credit institutions of bonds and (or) The Eurobonds issued in their favour and their guaranteed Eurobonds placed on and (or) circulating in the territory of the Russian Federation and (or) outside the territory of the Russian Federation. 4. List of rating agencies whose ratings are used to determine the long-term creditworthiness of credit institutions in accordance with paragraph 1 of Part 1 of this Article and the required minimum indicators of the respective ratings, Additional requirements for the loan recipients (loans), as well as the procedure and conditions for granting credits (loans) are set by the Vnesheconombank's supervisory board. (The article is supplemented by the Federal Law of 17.07.2009). N 168-FZ Article 6-2 1. The funds of the National Welfare Fund may be placed in Vnesheconombank for a total amount of not more than 40 billion rubles until June 1, 2020, at a rate of 6.25 percent per annum in accordance with the procedure established by the Government of the Russian Federation. THE RUSSIAN FEDERATION (Office of the President of the N 12-FZ; of 22.05.2010 N 101-FZ) 2. The funds placed in accordance with Part 1 of this article may be used by Vnesheconombank solely for the purpose of carrying out the operations referred to in article 6-3 of this Federal Law. (The article is supplemented by the Federal Law of 17.07.2009). N 168-FZ) Article 6-3 Set that VVnesheconombank from the date of the entry into force of this Federal Law until 31 December 2011 is entitled to grant an open Joint-Stock Company "Agency for Housing Mortgage Lending" (loans) at a rate of 6.5 percent per annum for a term of up to June 1, 2020. The article is supplemented by the Federal Law of 17.07.2009. N 168-FZ; in the wording of federal laws of 16.02.2010 N 12-FZ; of 22.05.2010 N 101-FZ Article 7 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin October 13, 2008 N 173-FZ