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Amending Article 11 Of The Federal Law "on Insurance Of Deposits Of Natural Persons In Banks Of The Russian Federation And Article 46 Of The Federal Law" On The Central Bank Of The Russian Federation (Bank Of Russia) "

Original Language Title: О внесении изменений в статью 11 Федерального закона "О страховании вкладов физических лиц в банках Российской Федерации" и статью 46 Федерального закона "О Центральном банке Российской Федерации (Банке России)"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Article 11 of the Federal Law "On Insurance of Deposits of Natural Persons in Banks of the Russian Federation" and Article 46 Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" adopted by the State Duma on December 19, 2014 class="ed">(In the federal law dated 20 April 2015. N 98-FZ) Article 1 Article 11 of Federal Law of 23 December 2003 N 177-FZ " O OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5029; 2006, N 31 3449; 2007, N 12, est. 1350; 2008, N 42, sect. 4699; 2013, N 52, sect. 6975) The following changes: 1) in Part 2 of the word "700,000 rubles" to replace the words "1 400,000 rubles"; (2) in Part 3, the first sentence should read: " If the depositor has several deposits in one bank, The compensation is paid for each contribution in proportion to their size, but not more than RUB 1,400,000 in aggregate. ". Article 2 Article 46 of the Federal Law July 10, 2002 N 86-FZ " About the Central Bank OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2790; 2008, N 42, sect. 4696; N 44, st. 4982; 2009, N 1, st. 25; 2010, N 45, sect. 5756; 2011, N 7, est. 907; 2012, N 53, sect. 7591; 2013, N 30, sect. 4084; N 49, sect. 6336; N 52, sect. In order to maintain the stability of the banking system and protect the legitimate interests of depositors and creditors, the Bank of Russia, on the basis of a decision of the Board of Directors, is entitled to grant subordinated loans (deposits, bonds, bond loans) to an open joint-stock company "Sberbank of Russia", corresponding to the requirements of Article 25-1 of the Federal Law "On Banks and Banking Activities", in the amount not exceeding the size Russia's capital, Sberbank, has capital of Russia's capital, Sberbank, on 1 January 2015. The Federal Law "On amendments to Article 11 of the Federal Law" On insurance of deposits of individuals in banks of the Russian Federation "and article 46 of the Federal Law" On Amendments to Article 11 of the Federal Law "On Insurance of Deposits" The Central Bank of the Russian Federation (the Central Bank of the Russian Federation). In order to maintain the stability of the banking system and protect the legitimate interests of depositors and creditors of banks, the Deposit Insurance Agency (DIA) has the right to implement measures to increase capitalization of banks, except for the open bank. Sberbank of Russia, through the transfer of the Federal Loan bonds submitted by the Russian Federation to the Agency's property as a property contribution, subordinated loans and (or) by payment of such bonds subordinated bond issues (hereinafter referred to as subordinated bonds) of banks At the same time: 1) subordinated loans, subordinated bonds meet the conditions defined by the Federal Law "About banks and banking"; 2) the amount of the bank's own funds corresponds to the requirements for the minimum amount of equity (capital) established by Federal Law "About banks and banking activities" on January 1, 2015; 3) the total face value of the federal loan bonds that are transferred to subordinated loan of the bank and/or subordinated bonds of the bank does not exceed 100% of the amount of its own funds (capital) of the bank as of 1 January 2015; 4) the period of delivery subordinated loan to the bank and/or maturity of subordinated bonds The bank may not exceed the term of the federal loan bonds transferred to the Agency as a property contribution of the Russian Federationunless otherwise specified by this Federal Law; Federal Law of 20 April 2015. N 98-FZ ) 5) the interest rate of the subordinated loan provided to the bank, and (or) coupon yield on subordinated bonds of the bank cannot be less the size of coupon yield on the bonds of the federal loan, transferred to the Agency as a property contribution of the Russian Federation. 2. The revenues obtained by the subordinated loan and subordinated bonds of the banks provided for in this article shall be recorded separately and annually in accordance with the procedure established by the Board of Directors of the Agency, in full The amount is transferred to the federal budget. 3. The procedure and conditions for the Agency's contribution to subordinated loans and (or) subordinated bonds are fixed by the board of directors of the Agency. (In the wording of Federal Law dated 20 April 2015. N 98-FZ 4. In the issue of subordinated bonds issued by banks in accordance with this article, article 34, paragraph 2, of the Federal Law of 26 December 1995 208-FZ "On joint-stock companies", in the part of the duty to pay for emission securities only money is not used. 5. The Agency posts information on banks that received subordinated loans or subordinated bonds paid by the Agency on an official Internet site in the Internet of the federal loan as well as the total nominal value of the federal loan bonds transferred to the loan and (or) as payment, the period of return of the subordinated loan or repayment of subordinated bonds and the interest rate subordinated loan or coupon rate of subordinated bonds. The information will be posted no later than five working days from the date of transfer to the subordinated loan of the federal bond or payment of subordinated bonds of the bank. Article 3-1 1. The Agency is entitled to implement measures to increase the capitalization of banks, except for the open joint-stock company Sberbank of Russia, by transferring the Russian Federation loan bonds submitted by the Russian Federation to the Agency's property. A property contribution, subordinated loans and (or) by payment of subordinated bonds, the duration of which is not less than 50 years, while meeting the conditions set out in the paragraphs 1-3 of Article 3 of this Federal Law. The agreement of the subordinated loan must contain the possibility of extending the subordinated loan contract for a period of not more than 50 years without agreement with the creditor. If the subordinated bond issue or the subordinated bond issue is to be converted into ordinary shares of the bank, such subordinated bonds are not subject to the provisions of the subordinated bond. Article 40 of the Federal Law of 26 December 1995 N 208-FZ "On joint-stock companies", on the priority of shareholders ' right to purchase emissive securities convertible into stocks. The interest rate of the subordinated loan provided to the bank and (or) interest paid under subordinated bonds may not be smaller than the coupon yield on the federal bond issued by the decision on issue Federal bond bonds. If a subordinated loan (bond loan) or issue of subordinated bond issues provides for the implementation of a menu or conversion of the requirements of the Agency for subordinated loans (bonded loans) to ordinary bonds The bank's shares, subordinated loan agreement (bond loan) or issue of subordinated bonds should contain a provision on the ratio of the requirements of the Agency's subordinated loans (bonded loans), calculated on the basis of the market value of the ordinary shares (but not less than their nominal value) and the size of the Agency's claims for subordinated loans (bond issues). 2. The provisions of the Federal Act on banks and banking activities are not subject to the requirements of the subordinated loans or subordinated bonds issued by the Agency under the subordinated loans or subordinated bonds. The procedure for obtaining the preliminary (subsequent) consent of the Bank of Russia for the purchase of shares (shares) of the credit institution. 3. In the case of a menu or conversion of the Agency's requirements for subordinated loans or subordinated bonds in ordinary shares of the bank, dividends on such shares are subject to separate accounting and annually in accordance with the procedure established by the board The Agency's directors are fully transferred to the federal budget. 4. A list of banks, with an indication of the Agency's claim amount to each bank on subordinated loans (bonds issued) under this article, is approved by the Board of Directors of the Agency and approved The Government of the Russian Federation. 5. On the basis of the bank's application, the Agency, upon approval by the Government of the Russian Federation, has the right to amend the conditions of the previous prisoner with the bank in accordance with Article 3 of this Federal Law. The contract of subordinated loan in terms of the period of granting the subordinated loan to the bank, as well as the amount of the interest rate of the subordinated loan. The provisions of article 3, paragraphs 4 and 5, of this Federal Act have not been applied since the modification of such a treaty. (The article is supplemented by the Federal Law of 20 April 2015. N 98-FZ Article 3-2 1. Article 15 of the Federal Law of December 23, 2003 No. 177-FZ "On Insurance of Deposits of Natural Persons in banks of the Russian Federation", is entitled to pay the bonds. A federal loan made by the Russian Federation to the Agency's property as a property contribution. 2. Dividends for the preferred shares of the banks acquired by the Agency through the payment of federal loan bonds are subject to separate accounting and are paid in full annually by the Board of Directors of the Agency. of the federal budget. 3. The preferred shares referred to in Part 1 of this article are not subject to the requirements of article 32, paragraph 2, and article 40 of the Federal Act of 26 December 1995, No. 208-FZ "On joint-stock companies" 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) on preferred shares, and the priority of shareholders ' acquisition of additional shares. These privileged shares are not taken into account in the calculation of the share of preferred shares (nominal value of allocated preferred shares) in the total volume of authorized capital of the joint-stock company in accordance with the requirements of paragraph 1 of the article 102 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". The provisions of chapters X and XI of the Federal Act of 26 December 1995, No. 208-FZ "On joint-stock companies" and article 40, paragraph 5, do not apply to transactions with these preferred shares (including in the course of their issuance and accommodation). Federal Act No. 178-FZ of 21 December 2001 on the privatization of State and municipal property. The acquisition by the Agency of the preferred shares referred to in Part 1 of this article is not subject to the provisions of the Federal Act on Banks and Banking Activities regulating the procedure for obtaining prior (subsequent) consent Bank of Russia to purchase shares (shares) of credit institution 5. Preferred shares referred to in part 1 of this article are not taken into account in the calculation of the shares of legal entities referred to in article 1, paragraph 1, of the Federal Act of 18 July 2011, No. 223-FZ " On procurement of goods, works, services, 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, No. 223-FZ" O procurement of goods, works, services of individual legal entities ". 6. At the decision of the general meeting of shareholders to increase the authorized capital of the bank by placing the preferred shares referred to in Part 1 of this Article and the charter of the bank, the provisions on these privileged shares are not covered. The requirements of article 39, paragraph 3, and article 49, paragraph 4, of the Federal Act of 26 December 1995, No. 208-FZ "On joint-stock companies", on the acceptance of such decisions by a majority of at least three fourths of the voting shareholders of voting shares Participation in the general meeting of shareholders. Such decisions are taken by a majority of shareholders-voting shareholders in the society participating in the general meeting of shareholders. 7. The list of banks with the nominal value of the preferred shares purchased in accordance with this article is approved by the Board of Directors of the Agency and approved by the Government of the Russian Federation. (Article padded-Federal law of 20 April 2015. N 98-FZ) Article 4 1. This law shall enter into force on the date of its official publication. 2. Article 11 of the Federal Law of 23 December 2003 entitled "Insurance of deposits of individuals in banks of the Russian Federation" of this Federal Act) shall apply to banks whose insurance has occurred after the day of the entry into force of this Federal Act. 3. The provisions of article 182-94, paragraph 2, and article 189-96, paragraph 10, of the Federal Law of 26 October 2002 N 127-FZ " On insolvency (bankruptcy) " does not apply to creditors of credit organizations for which the insurance occurred after the day of the entry into force of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2014 N 451-FZ