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On Amendments To The Federal Law "on Insurance Of Deposits Of Natural Persons In Banks Of The Russian Federation", Federal Law "on The Central Bank Of The Russian Federation (Bank Of Russia)" And Repealing Certain Provisions Of The Legislative Act

Original Language Title: О внесении изменений в Федеральный закон "О страховании вкладов физических лиц в банках Российской Федерации", Федеральный закон "О Центральном банке Российской Федерации (Банке России)" и признании утратившими силу отдельных положений законодательных акт

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Federal Law On Amendments to the Federal Law "On Insurance of Deposits of Natural Persons in the Banks of the Russian Federation", Federal Law "The Central Bank of the Russian Federation (Central Bank of the Russian Federation)" and the invalidation of certain provisions of the Russian Legislative Acts , adopted by the State Duma on 22 November 2013 Approved by the Federation Council on 27 November 2013 Article 1 Article 1 of the Federal Law of 23 December 2003 entitled "Insurance of deposits of individuals in banks of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5029; 2005, N 1, article 23; N 43, sect. 4351; 2008, N 52, sect. 6225; 2011, N 1, sect. 49; N 29, Art. 4262; 2013, N 19, sect. 2308; N 27, sect. 3438) the following changes: 1) Article 19, paragraph 4, after the words "to the Government of the Russian Federation" with the words "and (or) Bank of Russia"; 2) in article 27: (a) in Part 4: in the first word "Workers" to be deleted; paragraph 7 should be worded as follows: " 7) on the introduction of a ban on the deposit of funds of natural persons and the opening of bank accounts of natural persons under article 48 of the present Federal law. Information on the Bank of Russia's application to the Bank of Russia's ban on attraction of funds of individuals and the opening of bank accounts of individuals, introduced by the Bank of Russia in accordance with Article 48 of this Federal Law, is placed on the bank. The Bank of Russia on its official website in the information and telecommunications network "Internet" on the day of delivery of the corresponding regulation, as well as the Agency on its official website in the information and telecommunication network "Internet" no later than day, The Bank of Russia received relevant information from the Bank of Russia in the following day. is removed from their official websites in the Internet Information and Telecommunications Network, in the order established by the Bank of Russia and the Agency, respectively. "; b) in the first part of 4-1, replace the words" seven working days "with the words" three working days "; 3) Article 33 should be supplemented with Part 6, as follows: " 6. The funds of the compulsory deposit insurance fund can be used by the Agency for the fulfillment of obligations on a loan provided by the Bank of Russia in accordance with Part 2-1 of Article 41 of this Federal Law. "; 4). 41: a) Part 1 restated: " 1. The financial sustainability of the deposit insurance system is provided by the Agency's property, the funds of the federal budget in order and under the conditions set by the Federal Law and the budgetary laws of the Russian Federation, and In addition, the Bank of Russia credits in accordance with Part 2-1 of this Article. "; b) to be supplemented by Part 2-1, as follows: " 2-1. In order to ensure the financial sustainability of the deposit insurance system, as well as to finance the payment of compensations on deposits, the Board of Directors of the Agency has the right to request the Bank of Russia to provide Agency of credit without security for up to five years. "; 5) in article 44: (a) in Part 1: in the first word" authorized by the Bank of Russia on the date of entry into force of this Federal Law or " delete; in paragraph 4 of the word "and there is no basis for their application" The results of the thematic inspection carried out in accordance with article 45, paragraph 4, of this Federal Law "delete; to supplement paragraph 5 with the following: " (5) if the bank complies with the Bank's Russia's order of disclosure to unlimited circle of persons of information about persons under the control or considerable influence of which is located the bank. "; b) Part 3 should read: " 3. The bank's financial stability is assessed by the Bank of Russia for the following groups of indicators, with a definition for each of them and the adoption of a "satisfactory" or "unsatisfactory rating" rating: 1) Group of equity (capital) indicators, including indicators of capital adequacy and quality; 2) a group of asset indicators, including indicators of the quality of loans and other assets, completeness of (a) Potential losses and risks of concentration; 3) a group of rates of return, including those characterizing the profitability of assets and capital, the structure of income and expenditure, the profitability of the individual operations and the bank as a whole; 4) a group of indicators of liquidity, including Indicators of the bank's short-, medium-and long-term liquidity position, as well as a risk indicator for large creditors and contributors; 5) a group of quality indicators for the bank, including indicators, characterizing the risk management system, the state of the internal Control, including in the area of countering the legalization (laundering) of proceeds of crime and the financing of terrorism, as well as the quality of business planning; 6) a group of indicators on the transparency of ownership structure. "; in) Part 4 should read: " 4. The financial stability of the bank is recognized by the Bank of Russia, with an "satisfactory" rating of "satisfactory" to the overall result for each group of indicators set out in Part 3 of this Article. "; , to read: " 5. Methodologies for assessing the financial sustainability of the bank, including the method of assigning a synthesis result for each group of financial sustainability indicators to "satisfactory" or "unsatisfactory", the order of disclosure to an unlimited number of individuals Information on persons under the control or considerable influence of which is placed by the bank shall be established by Bank of Russia regulations. "; d) to be supplemented with Part 6: " 6. To assess the reliability of the bank's accounting and reporting, as well as to establish facts related to the determination of the bank's eligibility to participate in the deposit insurance system and which cannot be obtained by documentary analysis According to the Bank of Russia, the Bank of Russia conducts a thematic inspection on the basis of the information received from the Bank, applying for the issuance of the Bank of Russia's permission. Questions have already been examined in the bank checks completed no earlier than three The Bank of Russia issued a request for permission from the Bank of Russia. In these cases, the results of the inspections are taken into account when the application for permission of the Bank of Russia is considered. Such thematic inspections are not subject to article 73, paragraphs 5 and 6, of the Federal Act on the Central Bank of the Russian Federation (Bank of Russia). 7) in article 48: (a) the title should read: " Article 48. The termination of the right of banks included in the registry banks to raise money of individuals and to open and maintain bank accounts of natural persons "; b) Part 1 next revision: " 1. The right of banks included in the register of banks to involve individuals and to open and maintain bank accounts of individuals is subject to termination, subject to one of the following conditions: 1) accounting and reporting Bank of Russia has been recognized repeatedly by the Bank of Russia over the course of the year; (2) the Bank does not fulfill the same mandatory regulation of the Bank of Russia established by the Federal Bank for six months in a row. OF THE PRESIDENT OF THE RUSSIAN FEDERATION If the failure to comply with the mandatory regulation is caused by a change in the six months preceding the failure to comply with the mandatory standard, the method of calculation. The non-fulfilment of the mandatory requirement in the reporting month is its violation, in conjunction with six or more operating days during the month; 3) the group of indicators on the transparency of the bank's ownership structure is assessed as Poor for three consecutive months; 4) a group of quality indicators for the bank, including indicators of risk management, internal control, including counteraction the legalization (laundering) of proceeds of crime and financing Terrorism, as well as the quality of business planning, is rated as unsatisfactory for three months in a row; 5) the bank does not comply with the Bank of Russia's order to expose individuals to an unlimited number of individuals, control, or the significant influence of which is the bank, for three consecutive months. "; in) Part 2, as follows: " 2. The Bank of Russia shall, in accordance with the legislation of the Russian Federation, control the conditions set out in Part 1 of this Article by the banks. Information on the bank's recognition that the Bank of Russia does not comply with the procedure established by the Bank of Russia to disclose information about individuals under the control or significant influence of the bank, its accounting and reporting is unreliable, one or both. The Bank of Russia is notified by the Bank of Russia to the bank in the order of several mandatory standards, as well as the assignment of unsatisfactory ratings to the group of indicators on the transparency of the property structure and (or) the group of quality indicators of the Bank of Russia. of the Bank of the Russian Federation. "; to be supplemented by Part 2-1, as follows: " 2-1. The conditions set out in Part 1 of this Article shall be established by the Bank of the Russian Federation on the basis of the results of the inspections, or in the implementation of the bank's documentary analysis of the bank's records, as well as on the basis of documented information, from the bank. In case the facts (circumstances) in the activity of the bank, which indicate the existence of conditions under Part 1 of this Article, have been eliminated by the date of consideration by the Bank of Russia of a ban on attraction of money Individuals and the opening of bank accounts of natural persons, the grounds for the termination of the right of banks to attract funds of individuals and to open and maintain bank accounts of natural persons are not available. "; d) Part 3 should read: " 3. In accordance with the decision of the Bank Supervision Committee of the Bank of Russia, the Bank of Russia is obliged to send a request for termination of the bank included in the register of banks. The right to engage in the deposit of funds of natural persons and to open and maintain bank accounts of individuals and to introduce a ban on the deposit of funds of individuals and the opening of bank accounts of natural persons. "; (e) Part 3-1 should read: " 3-1. " The ban on the attraction of funds of individuals and the opening of bank accounts of individuals, provided for in part 3 of this article, shall apply until the day of recognition in accordance with the regulatory act of the Bank of Russia, which is no more effective. Bank of Russia's license to attract funds of individuals and to open and maintain bank accounts of individuals held by a bank included in the register of banks or until the day of revocation of the Bank of Russia license from such bank Bank operations. "; g. 3-2-3-4 shall be declared void; In Part 4, replace "Parts 3 to 3 and 3-4" with "Part 3"; and) Part 6 should read: " 6. Banks for which part 3 of this article is prohibited from attracting individuals ' funds and opening bank accounts of individuals, it is required: 1) not later than the day following the day The introduction of the said ban, to place information on the termination of the right to attract funds of individuals, to terminate the right to conclude new bank deposit contracts or contracts with individuals, as well as to conclude contracts of bank accounts with individuals. Information on the prohibition of the deposit of additional funds in deposits (accounts), opened in the bank until the day of receipt of the said regulation, in the bank's premises accessible to clients, in which the depositors ' service is carried out, as well as on its website in the information and telecommunication network Internet; 2) per day To inform the Bank of Russia about the introduction of a ban on attraction of funds of individuals and the opening of bank accounts of individuals, branches, representative offices and internal structural units in a way that ensures that information is received on the day of the bank The directions. "; to Part 8 and 9, admit void; L) to be supplemented by Part 10, reading: " 10. Single executive body of the bank, which attracted funds of a natural person after the date of the introduction of the Bank of Russia's ban on attraction of funds of individuals and opening of bank accounts of natural persons in accordance with this Law. The article provides subsidiary liability for damage caused to such a person on the occurrence of an insurance event provided for by this Federal Law. ". Article 2 Article 2 class="doclink "href=" ?docbody= &prevDoc= 102169548&backlink=1 & &nd=102077052" "On the Central Bank of the Russian Federation" (Russian Federation Law Assembly, 2002, N 28, Art. 2790; 2004, No. 31, sect. 3233; 2005, N 25, 100 2426; 2008, N 42, sect. 4696; N 44, st. 4982; 2009, N 1, st. 25; 2010, N 45, sect. 5756; 2011, N 7, est. 907; N 48, sect. 6728; 2012, N 53, sect. 7591; 2013, N 30, sect. 4084) the following changes: 1) paragraph 9 of Part 1 of Article 18 to be supplemented with the following paragraph: "for the provision of the State Corporation" Deposit Insurance Agency " without collateral for up to five years to replenate the mandatory deposit insurance fund; "; 2) to supplement Article 46 with Part 5, as follows: " To ensure the financial sustainability of the deposit insurance system and the financing of payments " The Bank of Russia has the right to be compensated by the decision of the Board of Directors. to provide the State Corporation "Deposit Insurance Agency" without collateral for up to five years. "; 3) in article 49, paragraph 1, the words" part three of article 46 "shall be replaced by the words" Parts 3 and 5 of Article 46 ". Article 3 Confess: 1) part eighteenth article 11 of the Federal Law on Banks and Banking " (as amended by the Federal Law of 3 February 1996 No. 17-FZ) (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, art. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 2012, N 53, sect. 7607); 2) paragraphs 22 and 23, paragraphs 6 to 13 of "B" and article 1, paragraph 24, of the Federal Law of 22 December 2008 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6225); 3) paragraph 4 of article 1, paragraph 1, of the Federal Act of 29 December 2012, No. 282-FZ " On amendments to OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7607). Article 4 This Federal Law shall enter into force after a hundred and twenty days after the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 2 December 2013 N 335-FZ