RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation and the invalidation of individual pieces of legislation (Legislative provisions) Russian Federation adopted by the State Duma on 16 December 2014 Approved by the Federation Council on 17 December 2014 (B federal laws dated 29.06.2015 N 154-FZ; dated 29.06.2015 N 186-FZ) Article 1 Amend the federal law "About banks and banking activities" (as amended) Federal Law of 3 February 1996 N 17-FZ) (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, sect. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 1998, N 31, sect. 3829; 2001, N 26, st. 2586; N 33, st. 3424; 2002, N 12, st. 1093; 2003, N 27, sect. 2700; N 50, sect. 4855; N 52, sect. 5033; 2004, N 27, sect. 2711; 2005, N 1, est. 18, 45; 2006, N 19, st. 2061; 2007, N 31, est. 4011; N 41, est. 4845; 2009, N 1, article 23; N 9, est. 1043; N 18, sect. 2153; N 23, st. 2776; N 30, est. 3739; 2010, N 31, st. 4193; N 47, sect. 6028; 2011, N 7, sect. 905; N 27, sect. 3873; N 29, st. 4291; N 48, sect. 6730; N 49, sect. 7069; N 50, sect. 7351; 2012, N 27, est. 3588; N 31, st. 4333; N 50, sect. 6954; N 53, est. 7605, 7607; 2013, N 11, st. 1076; N 19, est. 2317, 2329; N 26, 100. 3207; N 27, sect. 3438, 3477; N 30, est. 4084; N 51, sect. 6.6699; 2014, N 26, est. 3395; N 30, est. 4219; N 40, sect. (5320) the following changes: 1) in Part 1 of Article 16: a) in paragraph 1: in paragraph 6 of the word "Federal Act" (bankruptcy) of credit organizations "shall be replaced by the words" by the Federal Act of October 26, 2002 N 127-FZ "On insolvency (bankruptcy)" "; , in paragraph 8, of the insolvency (bankruptcy) of the credit institution, replace the words" the insolvency law (bankruptcy) "with the words" the obligation to pay mandatory payments, if, with Less than three years before the arbitral tribunal had decided to accept the bankruptcy of the bankrupt, it would be less than three years "to replace" with the words "the obligation to pay mandatory payments or liability in the form of recovery of losses in favour of the credit institution, if so". The Conference of the States members of the Committee on the Status of women, less than five years "; b) in paragraph 5: in paragraph 9 of the word" Federal Act on insolvency (bankruptcy) of credit organizations "be replaced by the words" the Federal Law on Insolvency (bankruptcy) "; Paragraph 11, paragraph 11, of the insolvency (bankruptcy) of the credit institution, replace by the words "The insolvency law (bankruptcy)", the words " the obligation to pay mandatory payments, if, from the date of adoption Court of Arbitration of the Court of Arbitration Less than 10 years ' replacement of the obligation to pay mandatory payments or liability in the form of recovery of damages in favor of the credit institution, if from the date of the performance of the person's obligation, established by the court act, less than five years passed years "; 2) in article 20: (a) in paragraph 8 of Part One, of the insolvency (bankruptcy) of credit institutions, replace by the words" Chapter IX, Chapter IX, of the Federal Law on Insolvency Law. " (bankruptcy) "; b) in part two: paragraph 1 of paragraph 1 be restated: "1) if the value of all capital adequacy ratios (capital) of a credit institution becomes less than 2 percent."; in paragraph 3 of the word "Federal Insolvency Law" "(bankruptcies of the insolvency (bankruptcy) of the credit institution" substitute Chapter IX of Chapter IX of the Federal Law "On Insolvency (Bankruptcy)" in Part 7 of the Federal Law on Insolvency (bankruptcy) of credit institutions. be replaced by the words "Federal Law on Insolvency Law" "The insolvency (bankruptcy) of credit organizations", in the second part of the eighth term of the "Federal Act" (bankruptcy) of credit organizations, replace the words "the insolvency (bankruptcy)"; (d) Part 9, paragraph 1, after the words "until the day of revocation of the banking licence" to be supplemented by the words ", unless otherwise provided by the Federal Act", by the words " or on the day specified by the Federal Law or in the case of of the order "; (e) paragraph 1 of part 10 after the words "The Federal Act on Insolvency (bankruptcy)" should be supplemented by the words "and this article"; (g) to be supplemented by a new part of the following: "Claims by the credit institution's employees for the payment of the holidays." In the case of termination of employment benefits, compensation and other benefits, in the case of termination in excess of the minimum amount specified by the labour legislation, the amount is not one of the following: current liabilities. "; z) Part XI Part 12; and) Part 12 should be considered part of the thirteenth and in it: in paragraph 6 of the phrase "The insolvency (bankruptcy) of credit organizations" should be replaced by the words "paragraph 4-1 of chapter IX" Federal Law "On insolvency (bankruptcy)"; to supplement paragraph 8 with the following content: " (8) to transfer rights (requirements) and (or) to transfer a duty on the cleared obligations arising from the treaties, by a credit institution at the expense of the client (clients), and to implement Transfer of assets that are the subject of enforcement of such obligations in the cases and in the manner provided by the Federal Act on Clearing and Clearing Activities and rules of clearing. "; 3) in Part 8 23 words "The insolvency (bankruptcy) of credit organizations" should be replaced by the words "chapter IX, paragraph 4-1, of the insolvency (bankruptcy)"; 4) in article 23-1: (a) in Part One. insolvency (bankruptcy) credit "Replace the words" with the words "paragraph 4 of Chapter IX of the Federal Law" On Insolvency (Bankruptcy) "; b) in Part Two, the insolvency (bankruptcy) of credit institutions Title IX, Chapter IX of the Insolvency (bankruptcy) Act; 5) in article 23-2: (a) in Part One of the insolvency (bankruptcy) "paragraph 4-1 of chapter IX of the Federal Law" On insolvency (bankruptcy) "; b) in Part Five, the insolvency (bankruptcy) of credit organizations, replace by the words "paragraph 4-1 of Chapter IX of the Federal Law on Insolvency (bankruptcy)"; in Part 6 "The insolvency (bankruptcy) of credit organizations" shall be replaced by the words "§ 4-1 of Chapter IX of the Federal Law on Insolvency (bankruptcy)"; 6) in Part Two of Article 23-3 of the word "Federal Law" creditors ' insolvency (bankruptcy) Title IX, Chapter IX of the Insolvency (bankruptcy) Act; 7) in article 23-4: (a), in Part One, of the insolvency (bankruptcy) Title IX, Chapter IX of the Insolvency (bankruptcy) Act; b) in Part Two, the insolvency (bankruptcy) of credit institutions, replace by the words "Federal Act" the insolvency (bankruptcy) "; in part three of the "The insolvency (bankruptcy) of credit organizations" is replaced by the words "paragraph 4-1 of Chapter IX of the Federal Act on Insolvency (bankruptcy)"; ) in Part 5 of the Insolvency Act. "(bankruptcies of the insolvency (bankruptcy) of credit institutions" substitute Chapter IX of Chapter IX of the Federal Law on Insolvency (bankruptcy) in Part 6 of the Federal Law on Insolvency (bankruptcy) of credit institutions. Replace the words "the insolvency law" with the words "the insolvency law"; (e) In part 7 of the insolvency (bankruptcy) of credit organizations, replace with the words "the insolvency law (bankruptcy)"; 8), article 24 should read as follows: " Article 24. Ensuring the financial reliability of the credit organization In order to ensure financial reliability, the credit institution (the bank group's central credit organization) is obliged to create reserves (funds), including under The depreciation of securities, the procedure for the formation and use of which is established by the Bank of Russia. The minimum amount of reserves (funds) is established by the Bank of Russia. The credit organization (the bank group's principal credit organization) is obliged to classify assets by allocating doubtful and bad debts and to create reserves (funds) to cover possible losses in the order, The Bank of Russia. The Credit Organization (credit institution of the banking group) is obliged to comply with the mandatory regulations, including the individual limits of the mandatory rules established under the Federal Law "On the Law of the Sea". The Central Bank of the Russian Federation (the Central Bank of the Russian Federation) " The Bank of Russia's mandatory numerical values shall be set by the Bank of Russia in accordance with the Federal Law. The Credit Organization (credit organization of the banking group) is obliged to create systems of risk and capital management, internal control, corresponding to the nature and scope of operations, level and combination of the risks assumed by the Bank of Russia to the requirements of the risk and capital management systems, the internal control of the credit institution and the bank group. Credit organizations at the request of the Bank of Russia are developing and submitting plans for the restoration of financial stability, including measures to ensure compliance with Bank of Russia regulations, as well as the Bank of Russia. make changes to the recovery plans for financial sustainability to ensure compliance with their content. Credit organizations defined as systemically important based on the procedure established by the Bank of Russia's regulatory act in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" To develop and submit plans for the restoration of financial stability to the Bank of Russia, as well as to make changes in the plans for restoring financial stability. Credit organizations registered in the territory of the Russian Federation, which are the parent organizations of banking groups, have the right to develop plans to restore the financial stability of banking groups, the plans to restore their financial sustainability. Credit organizations registered in the territory of the Russian Federation, which are members of banking groups, whose parent credit organizations are developing and submitting plans for the restoration of financial stability to the Bank of Russia. The stability of banking groups, in agreement with the Bank of Russia, may not develop plans for the restoration of financial stability on a case-by-case basis (apart from systemically important credit institutions) in the event that financial recovery measures The sustainability of credit institutions is fully contained in the plans restore the financial sustainability of banking groups. Credit organizations registered in the territory of the Russian Federation that are members of banking groups (bank holding companies) or other associations with the participation of credit organizations whose parent organizations Registered on the territory of a foreign state, develop plans to restore financial stability, taking into account measures to restore the financial stability of banking groups in the event that the development and presentation of recovery plans Financial sustainability of bank groups (bank holdings) and other Associations with the participation of credit organizations are provided for in the legislation of the foreign State in whose territory they are registered. The Bank of Russia regulations are set by the Bank of Russia's regulatory act, the requirements for the content, order and deadlines for submission to the Bank of Russia of plans for restoring financial stability, changes made to the plans for restoring financial stability. Credit organizations are obliged to inform the Bank of Russia of the developments in their activities as provided for in the plan for the restoration of financial stability and the decision to start it in the manner prescribed by the regulatory framework. by an act of the Bank of Russia. The Single Executive Body of the Credit Organization is obliged to transfer the property and documents of the credit organization to the person of the credit institution when it is released from office. In the absence of such person at the time of his release from the post of the sole executive body, he is obliged to ensure the preservation of the property and documents of the credit institution by notifying the Bank of Russia of the measures taken. The credit institution is obliged to establish a system of remuneration, both in general and in terms of remuneration of persons referred to in Article 60 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", head of the management service Risk, the head of the internal audit service, the head of the internal control service of the credit institution and other managers (employees) who take decisions on the implementation of the credit organization's operations and other transactions, the results of which may be influence the credit institution's compliance with mandatory regulations, or Other situations threatening the interests of depositors and creditors, including the grounds for the insolvency (bankruptcy) of the credit institution, including the possibility of reducing or cancelling payments in the case of The negative financial result, in general, of the credit institution or its related activities. Credit Organization (credit institution of the banking group, credit institution-member of the banking group) is obliged to comply with the Bank of Russia's supplement (capital adequacy) established by the Bank of Russia, The Bank of Russia's method of calculating such allowances and the procedure for their observance and restoration of the value of own funds (capital). Credit Organization (bank group's credit organization, credit institution member of the banking group) can distribute the profit (part of the profit) between the shareholders (participants) of the credit institution (the bank group) bank group credit organization, credit institution member of the banking group), to send it for payment of dividends, to buy and (or) acquisition of shares of the credit institution (the credit institution of the banking group, credit institution). Bank Group), to meet the requirements of participants of the credit institution (the bank group's principal credit organization, credit institution member of the banking group) on the allocation of their share (share) or payment of its real value, as well as compensation and incentives Payment to persons referred to in Article 57-3 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", if this does not lead to non-compliance by the credit institution (bank group) of the established (installed) Bank of Russia premium (allowances) for the adequacy of equity (capital) ratios. "; 9) add the following article 25-1: " Article 25-1. Subordinated loans (deposits, loans, bond loans) Under the subordinated loan (deposit, bond, bond loan) is a credit (deposit, loan, bond loan), at the same time as: if the term of the loan (deposit, loan), the maturity of the bonds is not less than five years, or the loan (deposit, loan) is provided without an indication of the term of return, the maturity date No bonds installed; if a loan (deposit, ) or registered terms of the bond issue contain provisions on the impossibility without agreement with the Bank of Russia: early repayment of the loan (deposit, loan) or part of it, as well as early payment of interest for the use of the bonds. A loan (deposit, bond, bond issue) or early repayment of bonds, or if a loan (deposit, loan) is provided without a term of return, the maturity of the bonds is not fixed, the repayment of the loan (deposit, loan) or its repayment of bonds, early payment of interest for use a loan (deposit, bond, bond issue); termination of the loan (deposit, loan) and (or) modification of the contract; if the terms of the loan (deposit, loan), including interest rate, and the terms of its revision, at the time of the conclusion of the contract (making changes to the contract), do not differ significantly from the market conditions for the provision of similar loans (deposits, loans), and the interest paid on the bonds and the terms of their revision are not significantly different from the average percentage point in the same The bonds at the time of their placement or the modification of the bond issue; if the loan (deposit, loan) or the terms and conditions of the bond issued by a registered decision to issue them contain a provision on the that in the case of bankruptcy of the credit institution claims on this loan (deposit, loan, bond loan), as well as financial penalties for default on subordinated credit (deposit, loan, (a) A bond loan is granted after satisfying the requirements of all other creditors. The sub-subordinated credit (deposit, loan, bond loan) cannot claim the return of the loan (deposit, loan) or part of it or the repayment of the bonds, early interest payments for the use of the loan (a deposit, a bond issue), the termination of the loan (deposit, loan) unless the period of repayment of the loan (deposit, loan) matures, the maturity of the bonds set in the second part of this article. The contract of subordinated credit (deposit, loan) or condition of subordinated bond loan may contain a condition of the right of the credit institution to refuse to unilaterally pay interest on the contract subordinated loan (deposit, loan, bond loan). The credit institution's implementation of this right does not entail financial penalties for failure to fulfill the obligation to pay interest on the subordinated loan (deposit, loan, bond loan). If Part 6 of this article is not provided otherwise, in case of lowering the capital adequacy ratio of the credit institution below the level defined by the Bank of Russia regulations for termination (menus, (...) (...) (...) on the implementation of the measures to prevent the bank's insolvency Provision of financial assistance by the Agency under article 189-48, paragraph 9, of the Federal Act on Insolvency (bankruptcy), the obligation of the credit institution to repay the principal debt under the subordinated credit treaty (deposit, loan) or bond issue, financial sanctions obligations for subordinated loans (deposits, loans, bond issues) are terminated in the amount necessary to reach the value capital adequacy ratio (capital) of the specified level The Central Bank of the Russian Federation (the Central Bank of the Russian Federation), in accordance with the Federal Law "On the Central Bank of the Russian Federation" (deposits, loans, bonded loans) are not reimbursed or accumulated. Information on the reduction of the capital adequacy ratio of the credit institution below the level determined by the Bank of Russia regulation for termination (menu, conversion) subordinated loan (deposit, loan, The loan is posted on the official website of the Bank of Russia in the information and telecommunications network of the Bank of Russia in accordance with the procedure established by the Bank of Russia regulations. Information on the approval by the Bank Supervision Committee of the Bank of Russia's plan for the Agency's participation in insolvency (bankruptcy) prevention measures of the Bank providing for the Agency's financial assistance provided for under Part 9 Articles 189 to 48 of the Federal Law "On insolvency (bankruptcy)" are placed by the Bank of Russia on the official site of the Internet Information and Telecommunications Network. The subordinated loan (deposit, bond, bond) or bond issue in the cases specified in Part Four of this Article may provide for the implementation of a menu or a conversion of claims creditors on subordinated loans (deposits, loans, bonds), including unpaid interest on such loans (deposits, loans, bonded loans) as well as financial penalties for default subordinated loans (deposits, loans, bonded loans) to Common shares (shares in the authorized capital) of the credit institution, including the conversion of bonds of the credit institution (bond issue) into common shares (share capital) of the credit institution. The Bank of Russia may file a menu or a conversion of these creditors ' claims, as well as requirements for financial sanctions for default in case of failure to comply with the said condition of the menu. A conversion established by a loan agreement (deposit, loan) or bond issue. In case the Bank of Russia is required to provide a menu or convert the requirements of creditors on subordinated loans (deposits, loans, bond issues), the credit institution is obliged to notify its creditors without delay. "The creditors of the credit institution have the right to take a decision on debt forgiveness," the bank said. The decision on debt forgiveness should be made within the deadline set by the Bank of Russia for the fulfillment of this requirement, and the credit institution is obliged to notify the Bank of Russia. In case of debt forgiveness by creditors on subordinated loans (deposits, loans, bonds), the Bank of Russia's request for a menu or conversion of creditors ' claims on subordinated loans (deposits, loans, bond issues) is considered canceled. How to implement menus or convert creditors ' claims on subordinated loans (deposits, loans, bond issues), peculiarities of the registration of relevant procedures, the procedure for sending and cancelling the requirement of the Bank of Russia On the menu or conversion of the requirements of the lenders on subordinated loans (deposits, loans, bonds) are determined by the Bank of Russia regulations. In the case of a part of the sixth present article or the conversion of claims by creditors on subordinated loans (deposits, loans, bond issues) to ordinary shares (shares in the authorized capital) amount The declared shares (shares) should be no less than the amount necessary to convert such subordinated loans (deposits, loans, bond issues). For the implementation of menu or conversion of creditors ' claims on subordinated loans (deposits, loans, bond issues) on ordinary shares (shares in the authorized capital of the credit institution) are not subject to provisions Federal laws regulating the procedure: receipt of a preliminary (subsequent) consent of the Bank of Russia to purchase shares (shares) of the credit institution-borrowers; (shares) of the borrower Federal of the competition authority (notification to the Federal Anti-Monopoly Authority); acquisition of thirty or more percent of the ordinary shares of the borrower, which is a joint-stock company; State financial supervisory authority to determine the price of the equities placement; prevails over the acquisition of additional ordinary shares in credit. The borrower is a joint-stock company. The subordinated loan (deposit, loan) or the terms of the bond loan of the Civil Code of the Russian Federation on loan, loan, bank deposit, and gifts are applied taking into account peculiarities established by the rules of the Russian Federation. of this article. Article 17-1 of the Federal Law of 22 April 1996 N 39-FZ "On the securities market" conditions under which the issuer is obliged to repay the bonds issued for early repayment are not applicable in cases where the issuing of the bonds bond loans are made by credit organizations and are subordinated in accordance with this article. Provisions of Parts One and Two of this Article in terms of the provision of subordinated credit (deposit, loan, bond loan) without specifying a period of return, without establishing the maturity of the bonds, the provisions of Parts Three and Two, and The fourth article, as well as the provisions of Part 7 of this article, in the amount of debt forgiveness in the event of the refusal of the credit institution to comply with the Bank of Russia's request for a menu or conversion provided for in that part, shall not apply. to provide subordinated loans (deposits, loans, "On additional measures to support the financial system of the Russian Federation", provided by the National Wealth Fund, including in accordance with the Federal Law of October 13, 2008, No. 173-FZ. 10) in article 26: (a) Part 20, as follows: " Credit organizations that are members of the bank group, participants of the bank holding and other associations with credit organizations, for the purpose of accounting for the banking group, bank holding and other associations with the participation of credit institutions, including to identify risks adopted on a consolidated basis, develop and maintain plans for restoring financial stability, represent the banking group parent organization, the bank holding company and other association with the participation of credit organizations, respectively, about its operations and the operations of its clients and correspondents. "; b) part thirty first set out in "The Bank of Russia has the right to provide information about specific transactions and operations of credit institutions, transactions and transactions of their clients and correspondents received from the reports of credit institutions, banking groups and credit institutions," the bank said in a statement. Banking holdings, with the exception of information constituting a State secret, central banks and (or) other oversight bodies of foreign States, whose functions include banking supervision, as well as information contained in the Bank's submissions to the Bank Russia plans to restore the financial stability of credit institutions -participants of bank groups (bank holding companies) and other associations with the participation of credit organizations, except for information constituting a state secret, central banks and (or) other bodies of foreign states in whose functions includes the insolvency of the organizations that are the umbrella organizations of the bank group (bank holding) and other association with the participation of credit organizations. "; in) to supplement the new part of the thirty-second contents: referred to in Part 30 of this Information is provided subject to the provision by central banks and (or) other oversight bodies of foreign States whose functions include banking supervision and (or) other bodies of foreign States whose functions include: The regulation of the insolvency of the organizations, the level of protection (confidentiality) of the information provided is not less than the level of protection (confidentiality) of the information provided, provided by Russian legislation THE RUSSIAN FEDERATION "including law enforcement agencies, without prior consent in writing of the Bank of Russia, except in cases of providing this information to the criminal courts."; g) of Part 32 and Thirty-third Part of the thirtyfourth and thirtyfourth, respectively, part of the thirty-fourth and the phrase "part of the thirty-second" should be replaced by the words "part of thirty-third"; (e) Part thirty-fifth. to be considered part of thirty-sixth. Article 2 Article 35 (13) of the Federal Law of 26 December 1995 N 208-FZ "On joint-stock companies" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; 2001, N 33, article 3423; 2006, N 31, sect. 3445; 2009, N 52, sect. 6428; 2011, N 30, sect. 4576; N 49, sect. 7040) the words "a federal insolvency law (bankruptcy) of credit organizations" to be replaced by the words "Chapter IX, § 4-1 of Federal Law of 26 October 2002, No. 1121FZ" On insolvency (bankruptcy) ". Article 3 Paragraph 3 of paragraph 1 of article 860-1 of the second Civil Code of the Russian Federation (Assembly of Russian Federation Law, 1996, N 5, st. 410; 2013, N 51, sect. 6699) to be supplemented with the words "except in cases prescribed by law". Article 4 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3594; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 35, sect. 3607; 2005, N 1, article 25; 2007, N 41, sect. 4845; N 46, st. 5553; 2008, N 30, sect. 3616; N 52, sect. 6219; 2009, N 52, sect. 6410; 2010, N 15, sect. 1756; 2011, N 1, sect. 47; N 30, sect. 4562; N 49, sect. 7061; N 50, sect. 7347, 7359; 2012, N 31, est. 4322; 2013, N 30, sect. 4083; 2014, N 26, article 4477) the following changes: 1) Article 9, paragraph 3, should be added to the following paragraph: "provision of the State Corporation" Deposit Insurance Agency " in the manner determined by the federal authority in the field State registration in accordance with the State Corporation "Deposit Insurance Agency", information confirming the fact of the State registration of real property rights and transactions under the contract of purchase and sale, in connection with which the account has been opened in the bank account of the bank in the case of an insured event, on the day of the occurrence of an insurance event. "; 2) in article 19, paragraph 4: (a) to add a new paragraph to the second reading: " In the cases provided for by the Federal Act " insolvency (bankruptcy) ", the reason for the suspension of State registration is also the appointment of a provisional administration of a financial organization that is the right holder or a party to the transaction."; b) the paragraphs of the second and The third is considered to be the third and fourth paragraphs. " Article 5 Labour Code of the Russian Federation, 2002, No. 1, Art. 3; 2004, N 35, sect. 3607; 2006, N 27, sect. 2878; 2008, N 9, sect. 812; 2010, N 52, sect. 7002; 2011, N 1, st. 49; 2012, N 14, est. 1553; N 50, sect. 6954; 2013, N 19, sect. 2329; N 23, st. 2866, 2883; N 27, est. 3477; N 52, sect. 6986; 2014, N 14, est. 1548; N 23, st. 2930) to supplement Article 349-4 as follows: " Article 349-4. Specific features of the labor regulation of individual categories of employees of credit organizations If within six months of approval by the Bank Supervision Committee of the Bank of Russia "Deposit Insurance Agency" (hereinafter referred to as the Agency) in implementing measures to prevent bank bankruptcies of the head of the bank for which the Agency is implementing measures to prevent the bank, its deputies, members of the bank's collegial body, the chief accountant, Deputy, head of the branch office of the bank, his deputies, the head accountant of the branch established by the employment contract with such persons was increased in comparison with the amount of remuneration that existed prior to the beginning of the given term, conditions A contract of employment which amends the amount of remuneration shall cease to have effect from the date of approval of the Agency's plan of participation in the implementation of measures to prevent the bank's insolvency. In the case of approval of the Agency's participation plan in implementing measures to prevent bankruptcy of the bank, the persons referred to in part one of this article, payment of termination indemsions, compensation and other payments due to termination of employment (a) The Convention on the Rights of the Rights of the Republic of the Republic of the Republic of the Sudan; Article 181 of this Code shall not be produced. In the case of revocation (revocation) of the license to carry out banking operations of the employer-credit organization, employees ' idle time is paid in accordance with article 157, part 2, of this Code. ". Article 6 Act No. 86 of 10 July 2002 on the Central Bank of the Russian Federation (Bank of Russia) Russian Federation, 2002, 2790; 2004, No. 31, sect. 3233; 2005, N 25, 100 2426; 2007, N 1, est. 10; 2008, N 42, sect. 4696, 4699; N 44, sect. 4982; 2009, N 1 st. 25; N 48, sect. 5731; 2010, N 45, 5756; 2011, N 7, est. 907; N 27, sect. 3873; N 43, sect. 5973; N 48, st. 6728; 2012, N 53, sect. 7591; 2013, N 27, est. 3438, 3476; N 30, est. 4084; N 49, sect. 6336; N 52, sect. 6975; 2014, N 26, est. 3395; N 30, est. 4219; N 45, sect. The following changes: 1) in article 18, first article 18: (a), paragraph 17 of paragraph 9, add the words "and the implementation of bankruptcy prevention measures"; b) to supplement paragraph 17-3 with the following: content: "17-3) approves the order of the determination of the base level of yield on the banking contribution;"; in) to supplement paragraph 17-4 as follows: " 17-4) approves the procedure for recognition of the financial of the bank with respect to the payment criteria The additional rate of contribution to the compulsory deposit insurance fund. "; 2) Part 5 of article 46 after the words" reimbursement of deposits "with the words" and for the implementation of measures to prevent bank bankruptcies "; 3) in article 51: (a) in the third sentence, delete; b) to supplement the fourth and fifth sections as follows: " The Bank of Russia has the right to grant to the central bank and (or) another body of a foreign State whose function is to settle the The insolvency of the organizations that are the umbrella organizations of the banking group (bank holding) and other associations with the participation of credit institutions, the information contained in the Bank of Russia's plans for the restoration of the financial system. Resilience of credit organizations-participants of such bank groups (bank holdings) and other associations with the participation of credit organizations, except for information constituting a state secret. Information (information) and (or) documents referred to in this article are provided by the Bank of Russia to the central bank, and (or) to another oversight body of a foreign State that has banking supervision and a (or) other authority a foreign state whose function is to regulate the insolvency of the organizations, provided that the legislation of a foreign state provides for the level of protection (confidentiality) of the Bank of Russia information (s) and (or) documents is as much as the security level OF THE PRESIDENT OF THE RUSSIAN FEDERATION under the terms of such treaties and provided that they are not provided to third parties, including law enforcement agencies, without the prior written consent of the Bank of Russia, except in cases of granting of such information to the court in the criminal case. "; 4), article 57 , to read: " Article 57. The Bank of Russia sets mandatory rules for banking operations, accounting and reporting, accounting and accounting rules and statistical reporting, as well as other financial statements. Information provided by federal laws. The Bank of Russia sets the mandatory reporting rules for banking groups necessary for the supervision of credit institutions on a consolidated basis, submission to the Bank of Russia and disclosure of bank accounts. established by the Federal Law "On banks and banking activities". The Bank of Russia sets out the rules for the bank holding to compile and present information necessary for the assessment of the risks of the bank holding and the supervision of credit institutions participating in bank holdings, Presentation to the Bank of Russia and disclosure of bank holdings, established by the Federal Law "On Banks and Banking Activities". At the same time, the Bank of Russia's rules apply to accounting (financial), statistical and other accounts, which are prepared for the period beginning not earlier than the date of publication of the said rules. In order to carry out its functions, the Bank of Russia, in accordance with the list established by the Board of Directors, has the right to request and receive from credit institutions, credit organizations of banking groups and parent organizations. Banking holdings information about the activities of credit organizations, banking groups and bank holdings, respectively, including information about bank groups and bank holding companies that are not credit institutions Clarification of the information received. The Bank of Russia is entitled to demand from credit organizations the development and presentation of plans for the restoration of financial stability, including measures to ensure compliance with Bank of Russia regulations. Also make changes to plans to restore financial sustainability to ensure compliance with their content. Credit organizations that are parent organizations of banking groups have the right to develop plans to restore the financial stability of banking groups, changes made to plans for financial sustainability. System-relevant credit organizations are determined on the basis of the procedure established by Bank of Russia regulation. The Bank of Russia has the right to establish for systemically important credit organizations the order of calculation and limit values of liquidity standards. System-relevant credit organizations are obliged to develop and submit plans for restoring financial stability to the Bank of Russia, as well as to make changes to the plans for restoring financial stability. The Bank of Russia is assessing plans to restore financial stability, changes made to the plans to restore financial stability. The requirements for the content, order and deadlines for the Bank of Russia to submit plans for restoring financial stability, changes to plans for financial sustainability, and the procedure for their assessment are established by regulation The Bank of Russia. The Bank of Russia, on the basis of the plans submitted by systemically important lenders to restore financial stability, is developing plans of action in relation to such credit institutions, containing measures in case of financial stability. The activities envisaged in the plans for the restoration of financial sustainability will not restore their financial sustainability. In order to compile banking and monetary statistics, the balance of payments of the Russian Federation, the financial account of the Russian Federation in the system of national accounts, as well as to analyze the economic situation, the Bank of Russia has the right to request and to receive the necessary information on a pro bono basis from the federal executive authorities, their territorial bodies and legal entities. The Bank of Russia has the right to request and obtain credit reports from credit history subjects from the bureau of credit history. Information received from legal entities on specific transactions shall not be disclosed without the consent of the legal person concerned, except in cases provided for by federal laws. The Bank of Russia publishes a summary of statistical and analytical information on the banking system of the Russian Federation. The provisions of this article apply to the information collected by the Bank of Russia and transferred by the Bank of the Russian Federation to the international organizations. "; 5) to supplement article 64 with Part Three The following content: "The dependent, child and the main society shall be determined in accordance with Article 67-3 of the Civil Code of the Russian Federation, article 6 of the Federal Law on Joint Stock Companies", article 6 of the Federal Law "On Societies with Restricted Liability". "; 6) Article 67 to supplement the second and third sections as follows: " The Bank of Russia has the right to impose allowances on the requirements for the sufficiency of the credit institution's own funds (capital), the banking group (the [ [ sufficiency pay]]) [ [ anticyclic]], [ [ countercyclical]], [ [ countercyclical]], [ [ countercyclical]], [ [ countercyclical]], [ [ countercyclical]] [ [ credit]] organizations, or [ [ system value]] s, [ [ systemic significance]], [ [ system significance]] procedures, how they are observed and restored by credit The organizations (the principal credit organizations of the banking group, the credit organizations participating in the banking group) have their own funds (capital) in order to comply with the allowances. The Bank of Russia, in determining compliance with the allowances provided for in part two of this article, and the restoration by credit institutions (of credit organizations of the banking group, credit organizations) the bank group) of its own funds (capital), in order to comply with the allowances, sets the amount of the profit that credit organizations (the banking group's principal credit organizations, credit organizations) Bank Group) cannot be distributed on the basis of necessity to restore the value of its own funds (capital), the method of calculating them for the purposes of this part, and the order of credit institutions (the principal credit organizations of the banking group, the credit organizations-participants) The Bank of Russia is notified of this calculation, the procedure for drawing up a plan for the restoration of its own funds (capital) and its coordination with the Bank of Russia. "; 7) in article 72: (a) Part Two In the words "as well as in other cases provided for by this Federal Law"; (b) In Part Five, the insolvency (bankruptcy) of the credit institution is replaced by the words "§ 4-1 of chapter IX of the Federal Law of 26 October 2002" -Federal Act on "Insolvency (bankruptcy)" "; in Part 7 of the Insolvency Law (bankruptcy) of credit organizations to be replaced by the words" paragraph 4-1 of Chapter IX of the Federal Law on Insolvency (bankruptcy) "; ; "Bank of Russia has the right to present a request for a menu (conversion) of creditors ' claims of a credit institution subordinated loans (deposits, loans, bonded loans) to the credit institution," the bank said in a statement. established by the Bank's regulatory act Russia. "; 8) in article 74: (a) in Part Two: in paragraph 5 of the word" Federal Act "(bankruptcy) of credit organizations to be replaced by the words" paragraph 4-1 of chapter IX of the Federal Law " "Incorporate insolvency (bankruptcy)"; in paragraph 6 of the phrase "invite the founders (participants)" to replace the words "requiring the founders (participants)"; b) Part 6, as follows: " In the event that The shareholder of the credit institution violated the disclosure order Information on persons under the control or considerable influence of which is the credit institution, in accordance with Federal Act No. 177-FZ of 23 December 2003 on insurance of deposits of individuals in banks of the Russian Federation, and (or) not When the grounds for the bankruptcy of the credit institution arose to implement the measures for the prevention of the bankruptcy of the credit institution, the regulatory legal acts and (or) made a transaction with the credit institution which (which) cause (caused) a breach by the credit institution of mandatory regulations, and (or) the actions of the shareholder of the credit institution resulted in a violation of the requirements of the Federal Law ' On Banks and Credit by a bank group member, a credit institution-a member of the bank group). Bank activity "on compliance with the Bank of Russia's allowances for capital adequacy standards and the (or) methods set by the Bank of Russia for their calculation and order of their observance and restoration of the size of their own funds," the bank said in a statement. (capital), Bank of Russia no later than 30 calendar days from the day The finding of a violation shall direct such a shareholder (participant) to remove the breach and/or order the implementation of the measures to be remediated by the breach of the credit institution (hereinafter referred to as the implementation of measures) when from the day The violations were not more than one year. Copies of these regulations are sent to the credit institution. "; 9) in article 76: (a) in paragraph 6 of Part One, Federal Act of 27 October 2008 on additional measures to strengthen stability of the banking system up to 31 December 2014 "Replace" with the words "paragraph 4-1 of Chapter IX of the Federal Law" On insolvency (bankruptcy) "; b) in Part Two: Federal Act of 27 October 2008 N 175-FZ" Further measures to strengthen the stability of the banking system up to December 31, 2014 of the year "replace" with the words "Chapter IX of the Federal Law on Insolvency (bankruptcy)." Article 7 Article 7 Amend the federal law N 127-FZ "On insolvency (bankruptcy)" 4190; 2005, N 44, sect. 4471; 2007, N 7, est. 834; N 41, est. 4845; 2008, N 49, sect. 5748; 2009, N 1, est. 4, 14; N 18, sect. 2153; N 29, st. 3632; 2010, N 17, sect. 1988; 2011, N 1, sect. 41; N 7, est. 905; N 29, st. 4301; N 48, sect. 6728; N 49, sect. 7015, 7024, 7040, 7068; N 50, 100 7351, 7357; 2012, N 31, est. 4333; N 53, sect. 7607, 7619; 2013, N 26, st. 3207; N 27, sect. 3477, 3481; N 30, est. 4084; N 52, sect. 6975, 6979, 6984; 2014, N 30, st. 4217; N 49, sect. 6914) The following changes: 1) in Article 4-1: (a) paragraph 1 after the words "monetary obligation" add "(monetary obligations)" after the words "(which)" add "(s)"; b) paragraph 3 Paragraph 3, paragraph 3, paragraph 3, should read as follows: " General Agreement (single contract) contains the relevant requirements of article 51 (3) (2) of the Federal Law on the Securities Market Procedures for the establishment of bankruptcy proceedings by one of the parties of the agreement (single contract) and the determination of the net liability-liability arising from such termination; "; ) in paragraph 4 of article 51, paragraph 3, subparagraph 2, of the Federal Law on the Securities Market Replace the words "subparagraph 6-1 of article 4, paragraph 2, of the Federal Act on Clearing and Clearing Activity"; (2) paragraph 4 of article 10, paragraph 4, after the words "by the time the definition is made" with the words " (or by the date of appointment of the provisional administration of the financial organization) "; (3) Paragraph 2 of article 19, second paragraph 2, should be supplemented by the words " or prior to the date of appointment of the provisional administration of a financial institution (whichever is the earlier date) or a person who has or has been able to do so during that period determine the actions of the debtor "; 4) in the third paragraph of article 20 (1) and the Federal Act No. 40 of 25 February 1999 on insolvency (bankruptcy) of credit organizations", delete; 5) in article 61-1, paragraph 3 The words "within the framework of the EurAsEC" should be deleted, after the words " and other branches of the law The Russian Federation "shall supplement the words", including the challenge of agreements or orders to increase wages, the payment of bonuses or other payments under the labour legislation of the Russian Federation and the Challenge the payments themselves "; 6) Article 61-4, add paragraph 4 as follows: " 4. Transactions relating to the performance of monetary obligations arising from the credit contract may not be challenged under Article 61-3 of this Federal Law, unless the debtor was in possession of the credit contract, other than by the time of execution of the contract. and the performance of the obligation arising from the credit contract did not differ in the time and amount of the payment from the obligation specified in the credit contract. "; 7) Article 61-9, set out in the following editions: " Article 61-9. Persons authorized to apply for challenge of the debtor's transaction 1. A claim to challenge a debtor's transaction may be made to an arbitral tribunal by an external insolvency representative or a insolvency representative on behalf of the debtor, either by decision of a meeting of creditors or a creditor committee, while the limitation period shall be calculated on the basis of the date on which the arbitral tribunal has learned or should have known about the existence of grounds for challenging the transaction provided for by this Federal Law. The votes of the creditor in respect of whom or for whose behalf the transaction is made shall not be taken into account in the determination of the quorum and the decision of the meeting (committee) of creditors to apply to challenge the transaction. If an application to challenge a transaction pursuant to a decision of a meeting (committee) of creditors is not filed by an arbitral tribunal within the time limit fixed by the decision, such application may be made by the representative of the meeting (committee) creditors or other persons authorized by the decision of a meeting (committee) of creditors. 2. An application to challenge the debtor's transaction may be submitted to the arbitral tribunal, together with the persons referred to in paragraph 1 of this article, by a insolvency representative or an authorized body, if the amount of the payable to it is included in the registry claims of creditors amounts to more than 10 per cent of the total accounts payable included in the creditor's claims register, not including the amount of claims of the creditor against which the transaction is disputed and its affiliated persons. 3. In the cases established by this Federal Law, the application to challenge the debtor's transaction may be made to the arbitral tribunal by the interim administration of the financial institution. 4. The requirement of the head of the interim administration of the financial organization to declare the transaction invalid and to apply the consequences of its invalidity is presented to them on behalf of the financial organization. 5. Statement by the Chief of the Interim Administration of the Financial Organization on the recognition of the transaction as invalid on the grounds provided for in articles 61 to 2 or 61 to 3 of this Federal Act, as well as on grounds of violation of the rules The Federal Law is filed with the arbitral tribunal at the location of the financial institution, and from the initiation of the bankruptcy case to the financial organization and the date of its bankruptcy, in the case of the bankruptcy of the financial institution. 6. The annulment proceedings instituted by the arbitral tribunal on the claim of the head of the interim administration of the financial organization prior to the date of its bankruptcy, shall be subject to bankruptcy upon such date and shall be subject to of further consideration in this case. Such a merger is made by an arbitral tribunal dealing with the bankruptcy of the financial institution. 7. Period during which transactions may be declared invalid (Articles 61-2 and 61-3 of this Federal Law) or periods during which the obligations of the financial organization set forth in article 61-6, paragraph 4, have arisen This Federal Law is calculated on the date of appointment by the Bank of Russia of the provisional administration of the financial institution. 8. The period of limitation, at the request of the head of the interim administration of the financial institution, to declare the transaction invalid on the grounds provided for in articles 61 to 2 or 61 to 3 of this Federal Law shall be calculated from the date on which the provisional The administration recognized or should have been aware of the existence of such grounds, as well as the existence of signs of bankruptcy in the financial organization, whichever comes later. "; 8) paragraph 1 of article 82, paragraph 4 the words "administrative" to be supplemented with the words ", except for of the cases expressly provided for in this Federal Law, "; 9) paragraph 4 of Article 101 shall be supplemented with the words" and in other cases provided for by this Federal Law "; If not otherwise established by this Federal Law "; 11) in article 139, paragraph 4: (a) paragraph 5, amend to read: " The right of acquisition of property of the debtor belongs to the bidder Sale of the property of the debtor by means of a public proposal which has been submitted by fixed term for tender participation, containing a proposal for the price of the debtor's property, which is not lower than the starting price of the sale of the debtor's property established for a given trading period, in the absence of offers by others the sale of the debtor's property by means of a public offering. "; b) to add the following new paragraph to the sixth paragraph: " In the case of a number of bidders selling the property of the debtor by means of a public proposal submitted within the prescribed deadline; In the case of the debtor, the property of the debtor is set out in the order of the debtor. the maximum price for this property. "; in) to supplement the seventh paragraph with the following: " In the case of a number of bidders selling the property of the debtor by means of a public offering, submitted in the prescribed term of application containing equal proposals on the price of property The debtor, but not lower than the initial sale price of the debtor's property established for a certain period of time, the right to purchase the property of the debtor belongs to the bidder, who first submitted the application within the time limit " (...) (...) (...) Article 180, paragraph 3, of the Act: " 3. The provisions of this paragraph are not applicable to insolvency (bankruptcy) of credit organizations. Relations relating to insolvency (bankruptcy) of credit organizations are governed by § 4-1 of this Federal Law. "; 14) Articles 181 and 182 shall be declared void; 15) paragraph 5, subparagraph 5 Article 183-6 states: "(5) Serving as a control authority, except for the appointment of an interim administration to a non-State pension fund, an insurance organization."; 16) 183-8: a) Replace "for the period" with the words " 1. For the period "; b), supplement paragraph 2 with the following: " 2. From the date of appointment of the provisional administration with the suspension of the powers of the executive bodies of the financial institution, the powers of attorney issued by the financial organization shall be terminated before the date of appointment of the interim administration, including ";"; 17), article 183-9, paragraph 4, should be supplemented by subparagraph 3 reading: " 3) from the date of appointment of the provisional administration and until the day of the decision of the arbitral tribunal to recognize the financial institution of the insolvent one. (bankrupt) or the entry into force of the arbitral tribunal's decision on its The liquidation or termination of the activity of the interim administration shall be suspended by state registration of transactions, transition, restriction (encumment) of the right to immovable property belonging to the financial organization on the right of ownership, other Article 184-1, add to paragraphs 9 and 10 as follows: " 9. The provisional administration of the insurance organization may include employees of the supervisory body, as well as in agreement with the Deposit Insurance Agency. The employees of the supervisory authority and (or) the employees of the Deposit Insurance Agency shall be included in the interim administration by the order of the supervisory authority when approving the composition of the interim administration. At the same time, the monitoring body is entitled, pending approval of the composition of the interim administration, to forward information on the names of the employees of the control body to the self-regulating organization of the arbitration managers, proposing the candidacy of the head of the interim administration. the Administration. 10. Article 1830.6 of this Federal Law provides for the remuneration of members of the provisional administration of an insurance organization which is an employee of the supervisory authority, employees of the Agency, is not paid. "; 19), Article 185-1, paragraph 1 to be supplemented by the words ", unless otherwise provided for in paragraph 8 of this Chapter"; 20) paragraph 2 of article 185-5, 5 to recognize void; 21) paragraph 3 of Article 187-3, amend to read: " 3. The interim administration is appointed by the members of the interim administration of the non-State pension fund. The head of the interim administration, in case of suspension of the powers of the executive bodies of the non-State pension fund, carries out activities on behalf of the non-State pension fund without a power of attorney. The composition of the provisional administration is determined by the order of the control body to be included in the Single Federal Register of Bankruptcy Information not later than the following working day from the date of adoption of the said act. The Head of the Interim Administration distributes duties among the members of the interim administration and is responsible for its activities. The interim administration may, in agreement with the Agency, include its employees. Article 183-6 of this Federal Law is not paid to the head and members of the interim administration of a non-State pension fund. "; 22) to supplement paragraph 4-1 of the following Content: " § 4-1. Bankruptcy of Credit Organizations Article 189-7. The legal regulation of the bankruptcy of the credit organizations 1. This paragraph establishes the conditions and conditions for the implementation of measures to prevent the insolvency (bankruptcy) of credit institutions, as well as the peculiarities of the grounds and the procedure for the recognition of credit institutions insolvent (bankrupt) and their insolvency (bankruptcy). Liquidation through a competitive process. 2. The relationship between the insolvency (bankruptcy) prevention measures of credit organizations and not regulated by this Federal Act is governed by other federal laws and in accordance with them. Bank of Russia regulations. 3. The relationship between the insolvency (bankruptcy) of credit organizations and not resolved by this paragraph is governed by Chapters I, III, III-1, VII and XI of this Federal Law, and in the cases provided for by this Federal Act. Law, Bank of Russia regulations. Article 189-8. Insolvency (bankruptcy) of the credit organization 1. A credit organization is considered unable to satisfy the creditors ' claims on monetary obligations and (or) to fulfil the obligation to pay the mandatory payments if the duties are not performed by it within fourteen days after the date of payment. The date of their execution and (or) the value of the assets of the credit institution is insufficient to meet its obligations to creditors and (or) the obligation to pay the mandatory payments. 2. For the purpose of this paragraph, the obligation of the credit institution to pay mandatory payments is understood to be the responsibility of the credit institution as an independent taxpayer in the payment of mandatory payments to the relevant budgets which are defined in accordance with this Federal Law, as well as the obligation of the credit institution on the execution of instructions (orders) to transfer mandatory payments from the accounts of their clients to the corresponding budgets. Article 189-9. Measures to prevent bankruptcies of credit organizations 1. In accordance with this paragraph, the following measures are being implemented to prevent the bankruptcy of credit institutions: 1) the financial rehabilitation of the credit institution. For the purposes of this paragraph, the financial rehabilitation of the credit institution means the extrajudicial enforcement of the measures stipulated in article 189-14 of this Federal Law; 2) the appointment of an interim administration. management of the credit institution, except for the appointment of a temporary administration in connection with the withdrawal of the banking licence; 3) reorganization of the credit institution; 4) preventive measures Bankruptcy of a credit institution with a licence (licence) to Attracting the funds of individuals and the opening and maintenance of bank accounts of individuals issued by the Bank of Russia in accordance with the procedure established by the Federal Law "On banks and banking activity" (hereinafter-the bank) which shall be carried out with the participation of the Agency in accordance with this paragraph. 2. Measures to prevent the bankruptcies of credit institutions under subparagraphs 1 to 3 of paragraph 1 of this article shall be carried out on the basis of the grounds set out in article 189 to 10 of this Federal Act. 3. Measures to prevent bank failures under paragraph 1 (4) of this article shall be carried out on the basis of the grounds set out in article 189 to 47 of this Federal Act. 4. The credit institution, its founders (participants), members of the board of directors (supervisory board), the head of the credit institution, recognized as such in accordance with Article 11-1 of the Federal Law "On Banks and Banking Activities" (hereinafter referred to as the "Banking and Banking Act"). The head of the credit institution), if the grounds specified in article 189-10 of this Federal Law are founded, are obliged to take the necessary and timely measures for financial rehabilitation and (or) reorganization of the credit institution. 5. " The Bank of Russia, in accordance with the procedure established by Bank of Russia regulations, may require the credit institution to implement measures for its financial means in the event of the establishment of the grounds provided for in article 189-10 of this Federal Law. Reorganization, reorganization and the appointment of a provisional administration for the management of the credit institution. 6. The requirement to implement measures for the financial rehabilitation of the credit institution is not sent if the Bank of Russia is obliged to revoke the license for banking transactions on one or more grounds, Under article 20, paragraph 2, of the Federal Act on Banks and Banking Activities. Article 189-10. Grounds for implementing measures for bankruptcy of a credit bankruptcy If not otherwise provided by this Federal Act, measures to prevent the bankruptcy of the credit institution, Article 189-9, paragraphs 1 to 3, of this Federal Act are implemented in cases where the credit institution: 1) does not meet the creditors ' claims repeatedly over the last six months (a creditor) on a monetary obligation (s) and (or) fails The obligation to pay the mandatory payments of up to three days from the date on which they were executed due to the absence or insufficiency of the funds on correspondent accounts of the credit institution; 2) does not satisfy The requirements of the creditors (creditor) of the monetary liabilities (obligation) and (or) do not fulfil the obligation to pay the mandatory payments within a period exceeding three days from the date on which they were satisfied and (or) the date of their performance, in connection with Absence of or insufficiency of funds in correspondent accounts organizations; 3) allows for an absolute reduction in the amount of equity (capital) compared to their maximum value reached in the last twelve months, by more than twenty per cent, while one is in violation of the mandatory standards established by the Bank of Russia; 4) violates any of the banks ' own capital adequacy ratios established by the Bank of Russia; 5) violates the regulation of the current liquidity of the bank. established by the Bank of Russia in the last month by more than 10 per cent; 6) allows for the reduction of equity (capital) by the end of the reporting month to below the size of the authorized capital, as defined by the constituent instruments of the credit institution, are registered in accordance with federal laws and regulations adopted by the Bank of Russia in accordance with them. In case of this reason, bankruptcy prevention measures are not applied to the credit institution during the first two years from the day of the issuance of a banking licence. Article 189-11. The responsibility of the credit organization to the grounds for implementing bankruptcy prevention measures 1. The credit institution is obliged to notify the Bank of Russia (Bank of Russia: 1) of the general meetings of the founders (participants) of the credit institution. The organization, as well as the meetings of the board of directors (supervisory board), in the manner prescribed for the notification of the founders (participants), members of the board of directors (supervisory board) of the credit institution; 2) (multiple related transactions): with in accordance with federal law interested or affiliated to the credit institution by persons or with persons against whom the credit institution is an interested person under federal law, or persons whose activities are controlled or have a significant impact on the credit institution or with persons under the control or significant influence of which is the credit institution; the property (s) of the credit institution, the value of which is more than 1 per cent of the book value of the assets of a credit institution, as determined by its accounting records at the last reporting date, or more than 15 million roubles, if one percentage of the book value of the assets of the credit institution The organizations make up more than 15 million rubles, including those related to the administration of real estate, the receipt and issuance of loans and loans, the accounting of promissory notes, the conduct of transactions with securities (including the issuance of their own securities). (a), (c), (b), (c), (c), The adoption and forgiveness of debt, innovations, and also with the establishment of trust management; related to the acquisition of shares (shares) in the authorized capital of economic societies or with participation in the establishment of other legal entities. 2. Notice of the transactions referred to in paragraphs 2 to 4 of paragraph 1 of this article shall be sent by the credit institution to the Bank of Russia within five days from the date of the transaction. 3. Notice of the general meeting of the founders (participants) of the credit institution, the meeting of its board of directors (the supervisory board) shall be sent to the Bank of Russia no later than five days before the day of such a meeting, the meeting, except for the event. If the grounds provided for in article 189 to 10 of this Federal Act have arisen within the time limit set by this paragraph for notification. In this case, the credit institution shall notify the general meeting of the founders (participants) of the credit institution and the meeting of its board of directors (the supervisory board) no later than the day following the date on which the grounds arose, as provided for in article 189-10 of this Federal Act. 4. A credit institution, which is authorized by Article 189-10 of this Federal Law of the Federal Law of the Russian Federation, and the implementing measures for financial recovery without the Bank of Russia's direction provided for in Article 189-20 of this Federal Law. shall terminate the notification to the Bank of Russia of the events referred to in paragraph 1 of this Article from the date of removal of the grounds provided for in article 189-10 of this Federal Law. 5. The Bank of Russia has the right to send an observer, observers to participate in the general meeting of the founders (participants) of the credit institution and the meeting of its board of directors (supervisory board). 6. The observer and observers are allowed to participate in the general meeting of the founders (participants) of the credit institution and the meeting of its board of directors (supervisory board) on the basis of the decision of the Bank of Russia. 7. Observers, observers take part in the general meeting of the founders (participants) of the credit institution, the meeting of its board of directors (supervisory board) without the right to vote, are acquainted with the protocols and other materials of such meetings, meetings. Article 189-12. Obligations of the { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 1. In the event of the insolvency (bankruptcy) of the credit institution provided for in article 189-8 of this Federal Act and (or) the grounds provided for in article 20, paragraph 2, of the Federal Act on Banks and Banking ", the single executive body of the credit institution must, within ten days from the date of its occurrence: (1) send a reasoned request for the convocation to the board of directors (supervisory board) of the credit institution extraordinary general meeting of the founders (participants) of credit In order to consider the issue of liquidation of the credit institution and referral to the Bank of Russia of a request for revocation or withdrawal of a license to carry out banking operations in the Bank of Russia; 2) to notify the Bank of Russia about The establishment in the credit institution of the specified grounds of insolvency (bankruptcy) and (or) of the specified grounds and the allocation to the board of directors (supervisory board) of the credit institution provided for in the second paragraph of this paragraph requirements. 2. Within three days from the date of receipt of paragraph 1 (1) of this article, the board of directors (supervisory board) of the credit institution is obliged to: 1) to decide to convene an extraordinary general meeting of the founders (participants) of the credit institution and not later than twenty days from the date of the decision to inform the founders (participants) of the credit institution of holding such a general meeting meetings; 2) notify the decision alone The executive body of the credit institution and the Bank of Russia. 3. In the event that a single executive body of a credit institution is not elected or appointed, the obligation to apply the measures referred to in paragraph 1 of this article shall be vested in the board of directors (supervisory board) of the credit institution. organization. 4. In the event that the board of directors (supervisory board) of the credit institution has failed to perform the duties stipulated in paragraphs 2 and 5 of this article, they shall be required to perform the duties of the credit institution's sole executive body within three days from the date of the credit institution. The expiry of the terms of the first paragraph 2 and paragraph 5 of this article, respectively. 5. In the event that the board of directors (the supervisory board) of the credit institution has not decided to convene an extraordinary general meeting of the credit institution's founders (participants) in the manner prescribed by paragraph 2, subparagraph 1, of this article, Members of the board of directors (supervisory board) of the credit institution are obliged to apply to the Bank of Russia for revocation or withdrawal of a license to carry out banking operations within three days from the date of expiry of the license. The period covered by paragraph 2 (1) of this article. 6. In case the decision to liquidating the credit institution and sending a request to the Bank of Russia to cancel or withdraw from the credit institution the license for banking operations is not adopted by the extraordinary general meeting of founders The credit institution members of the credit institution are obliged to apply to the Bank of Russia for revocation or withdrawal of the license to carry out banking operations in the Bank of Russia. three days after the date of the said extraordinary general meeting the founding members of the credit institution. 7. The decision on liquidation of the credit institution and referral to the Bank of Russia of a request to revoke or revoke the license for banking operations is taken by the general meeting of the founders (participants) of the credit institution. By a majority vote of the total number of votes of the founders (participants) of the credit institution who participated in the voting. 8. Constituents (participants) of the credit institution having the right to give mandatory instructions or otherwise determine its actions, but did not take the decision on liquidation of the credit institution and direction to the Bank of Russia within the prescribed period of time. Applications for revocation or withdrawal of a banking licence from the credit institution and members of the board of directors (supervisory board) of a credit institution that did not fulfil the obligations set out in paragraphs 2, 3 and 5 of this article, and the sole executive body of the credit institution, In accordance with paragraphs 1 and 4 of this article, if the assets of the credit institution are insufficient to satisfy claims by creditors, the liability is subsidiary to the liabilities of the credit institution. The organization and (or) performance of its obligation to pay the mandatory payments arising after the appearance of the insolvency (bankruptcy) provided for in article 189-8 of this Federal Law. 9. "If the decision on liquidation of the credit institution and directions to the Bank of Russia on cancellation or withdrawal of a license to conduct banking operations from the credit institution is not accepted by the general meeting of the founders (participants) of the credit institution," the bank said in a statement. organizations convened under paragraph 2 (1) of this article to subsidiary liability under paragraph 8 of this article may not be held by the founders (participants) of the credit institution: 1) with their affiliated persons less than 10 per cent of voters shares of the joint-stock company of the total number of votes of the participants of the joint-stock company or share in the authorized capital of a limited liability company of less than ten percent; 2) who voted in favour of the decision on liquidation The credit institution and referral to the Bank of Russia of a request for revocation or withdrawal of a banking licence from the credit institution; 3) not properly informed of the convening of a general meeting of the founders (...) (...) Article 189-13. Procedures in the bankruptcy of the credit organization 1. When the arbitral tribunal is considering the bankruptcy of the credit institution, the insolvency proceeding shall be applied. 2. Under the bankruptcy of the credit institution, supervision, financial recovery, external management and the settlement agreement, as provided for in Chapters IV, V, VI and VIII of this Federal Law, respectively, are not applicable. Article 189-14. The measures for the financial rehabilitation of the credit institution's organization may be implemented by the following measures: 1) to provide financial assistance to the credit institution { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } the size of the authorized capital of the credit institution and the size of its own (capital); 5) other measures implemented in accordance with federal laws. Article 189-15. Provide financial assistance to the credit organization of its founders (participants) and other persons 1. Financial assistance of the credit institution by its founders (participants) and other persons can be provided in the form of: 1) the placement of funds on deposit in a credit institution with a return period of not less than six months and with interest rate not exceeding the interest rate of the Bank of Russia; 2) granting surety (bank guarantees) on loans to the credit institution; 3) granting of delay and (or) payment installments; 4) relocating a credit institution from the consent of its creditors; 5) to refuse to distribute the profits of the credit institution as a dividend and to direct it to implement the financial recovery measures of the credit institution; 6) an additional contribution to The authorized capital of the credit institution; 7) of the debt forgiveness of the credit institution; 8) innovations and other forms that contribute to the elimination of the reasons that led to the adoption of measures for the financial rehabilitation of the credit institution. 2. The funds in bank accounts and in deposits in the credit institution may be used by its creditors to increase the authorized capital of the credit institution in the order established by the Bank of Russia. 3. The decision on the forms and modalities of the financial assistance of the credit institution is taken by the credit institution itself and by the financial aid provider. 4. In the case of financial assistance by the Insurance Agency, the bank or persons acquiring shares (share in the authorized capital) of the bank in the implementation of measures to prevent the bank's bankruptcy, forms and conditions for the provision of financial assistance shall be defined in terms of the Agency's participation in the implementation of the measures to prevent the bank's bankruptcy, approved in accordance with the procedure established by article 189-49 of this Federal Law. Article 189-16. Change the structure of assets and the structure of the liabilities of a credit institution 1. The change in the structure of the credit institution's assets may include: 1) improvement of the credit portfolio of the credit institution, including replacement of illiquid assets with liquid assets; (2) alignment of the asset structure on the urgency of the obligations to enforce them; (3) reduce the costs of the credit institution, including servicing the debt of the credit institution, and the costs of its management; 4) the sale non-revenue-producing assets, as well as non-revenue-producing assets prevent bank operations by a credit institution; 5) other measures to modify the structure of the credit institution's assets. 2. The change in the credit organization's liabilities may include: 1) raising equity (capital); (2) reducing the size and/or share of current and short-term liabilities in the overall structure (b) Increase in the share of medium-and long-term liabilities in the general liability structure; 4) other measures to change the structure of the liabilities of the credit institution. Article 189-17. Aligns the size of the authorized capital of the credit organization and the value of the credit of the credit of the organization 1. If the amount of the credit institution's equity (capital) is less than the size of its authorized capital, the credit institution is obliged to bring the size of the capital and the amount of its capital into conformity with the amount of its authorized capital. Ow-funds (capital). 2. The credit institution is obliged to take a decision on liquidation if the amount of the credit institution's equity (capital) at the end of the second and every subsequent financial year becomes less than the minimum amount of the authorized capital, Federal Act No. 208-FZ of 26 December 1995 "On joint-stock companies" (hereinafter referred to as the Federal Law "On joint-stock companies") or the Federal Act of 8 February 1998 No. 14-FZ "On Societies with Limited Liability" (hereinafter referred to as the Federal Law on Societies with limited liability). 3. If the credit institution does not take a decision on its liquidation within three months from the date of the end of the financial year, the Bank of Russia is obliged to apply to the arbitral tribunal for the liquidation of the credit institution. Article 189-18. Change of the organizational structure of the credit organization Change the organizational structure of a credit institution can be done by: 1) changes in the composition and size of the credit institution organizations; (2) changes in the structure, reduction and elimination of distinct and other structural units of the credit institution, as well as other means to address the causes of the need to implement measures for the The financial rehabilitation of the credit institution. Article 189-19. Application by the head of the credit institution on the implementation of measures to prevent bankruptcy of the credit institution 1. The single executive body of the credit institution shall, in the event of the circumstances provided for in article 189 to 10 of this Federal Law, apply to the Board of Directors within ten days of their occurrence. (supervisory board) of the credit institution with a request for the implementation of measures for the financial rehabilitation of the credit institution or with a request to reorganize the credit institution provided that the reasons for the occurrence of these circumstances are not may be removed by the credit institution's executive bodies. 2. The application of the head of the credit institution for the implementation of measures for the financial rehabilitation of the credit institution or the application for reorganization of the credit institution should contain recommendations on the modalities, nature and timing of their implementation. 3. Board of Directors (Supervisory Board) of the credit institution, which is requested under paragraph 1 of this article to implement measures for financial rehabilitation of a credit institution or application for reorganization of credit The organization must make a decision on the application filed within ten days from the moment of its dispatch and inform about the decision taken by the Bank of Russia. 4. The head of the credit institution must apply to the Bank of Russia for three days from the date of expiry of the period stipulated by paragraph 3 of this article to implement measures to prevent the bankruptcy of the credit institution if the board The directors (supervisory board) of the credit institution did not take a decision on the application for bankruptcy measures within the time limit set by paragraph 3 of this article or refused to take a decision on the implementation of the measures the prevention of bankruptcy, or refused to convene a general meeting founders (participants) of the credit institution, when the necessity of holding such a meeting arises from the substance of the measures to prevent the bank's bankruptcy, or if the founders (participants) of the credit institution did not take a decision on the implementation of bankruptcy prevention measures, where the need for such a decision derives from the substance of the measures to prevent the bankruptcy of the credit institution. Article 189-20. Implementation of the financial health measures of the credit institution at the request of the Bank of Russia 1. In the cases provided for in article 189-10 of this Federal Act or article 74 of the Federal Act of 10 July 2002, No. 86-FZ "On the Central Bank of the Russian Federation" (hereinafter referred to as the Federal Law "On the Central Bank of the Russian Federation") (Bank of Russia) " The Bank of Russia is entitled to submit a request to the credit institution for the implementation of measures for its financial recovery. Such a requirement should include an indication of the reasons for its referral, as well as recommendations on the modalities and timing of the financial recovery of the credit institution, taking into account the requirements set out in paragraph 7 of this article. 2. Within five days of receiving a request from the Bank of Russia on the implementation of measures on financial recovery of the credit institution, the head of the credit institution is obliged to apply to the board of directors of the credit institution with the credit institution. The application for the financial rehabilitation of the credit institution and the (or) application for reorganization. 3. In case the credit institution and (or) the results of a check by the Bank of Russia revealed that the amount of its own funds (capital) was less than the amount of its authorized capital, The Bank of Russia is obliged to send to such a credit institution a requirement to adjust the size of the authorized capital of the credit institution and the amount of its own funds (capital). 4. If, in the course of the last twelve months prior to the moment when the Bank of Russia is obliged under this article, the Bank of Russia is obliged to submit a request to the credit institution to adjust the size of the authorized capital of the credit institution and the value of its own funds (capital), the Bank of Russia has changed the method of calculation of the size of its own funds (capital) of the credit institution, for the purposes of this article the method according to which the amount of own funds is applied (capital) of the credit institution achieves the maximum value. 5. If it is impossible to increase the amount of its own funds (capital) to the size of its authorized capital, the credit institution is obliged to reduce the size of the Bank of Russia within forty-five days from the date of receipt of the said request of the Bank of Russia. The charter capital up to a value not exceeding its own funds (capital) and to amend its constituent instruments accordingly. 6. Creditors of a credit institution shall not be entitled to demand the termination or early fulfilment of the obligations of the credit institution on the basis of the reduction in the amount of the authorized capital in accordance with the requirements of this article. It does not apply the provisions of the Russian Federation's legislation on the obligation to notify creditors of their right to require the credit institution to terminate or advance its obligations and to recover the resulting losses. 7. "From the date of receipt of the request of the Bank of Russia on the implementation of measures on financial recovery of the credit institution, containing the grounds for its direction, the credit institution is not entitled to receive a credit institution until the day of receipt of the corresponding permission of the Bank of Russia," the bank said. Decision on distribution of profits between its founders (participants), on the payment (declaration) of dividends, as well as the distribution of profits between its founders (participants), to pay them dividends, to meet the requirements of the founders (participants) of credit the allocation of a share (part of the share) or the payment of its actual The Bank of Russia will pay the price or buy the shares of the credit institution if these actions violate the mandatory standards set by the Bank of Russia. 8. The Bank of Russia within five days from the date of receipt of the credit institution implementing measures for financial recovery in accordance with the requirement of the Bank of Russia to document the elimination of the grounds provided for in Article 189-10 This Federal Act is required to send a message to the credit institution to cancel the requirement for financial recovery. From the date of receipt of such communication by the credit institution, such a communication shall not apply the limitations referred to in paragraph 7 of this article, as well as shall terminate the duties of the credit institution provided for in article 189-11 of this Federal Law. The establishment of the grounds for the implementation of measures to prevent bankruptcy. 9. In the event of the grounds provided for in article 189-10 of this Federal Law, the Bank of Russia is entitled to require the credit institution to conduct a credit institution within a 10-day meeting of the credit institution. The Board of Directors (Supervisory Board) of the credit institution or the extraordinary general meeting of the founders (participants) of the credit institution to decide on the implementation of measures for financial rehabilitation of the credit institution. Article 189-21. The { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } In case of establishment of the grounds stipulated in Article 189-10 of this Federal Law, the Bank of Russia may require the credit institution to develop and implement a plan of measures for financial recovery. 2. The plan of measures for the financial rehabilitation of the credit institution should include: 1) an assessment of the financial condition of the credit institution; (2) indication of the form and size of the participation of the founders (participants) credit organization and other persons in its financial rehabilitation; 3) measures to reduce the cost of the credit institution; 4) measures for additional income; 5) measures to return the overdue (a) Accounts receivable; 6) organizational change credit institution structures; 7) the period of restoration of the level of equity (capital) and current liquidity of the credit institution. 3. The form of the plan of measures for the financial rehabilitation of the credit institution is established by the Bank of Russia regulatory act. 4. The procedure and deadlines for the submission of the plan of measures for the financial rehabilitation of the credit institution, as well as the procedure and deadlines for the control over its implementation shall be established by the Bank of Russia regulations. Article 189-22. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } (installments) of the { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } } { \b The plan of measures for the financial rehabilitation of the credit institution may provide for the following conditions: (1) acquisition by a person who has not held or indirectly controlled alone or in a group of persons over 1 per cent of the shares (shares) at least seventy-five per cent of the ordinary shares of the credit institution in the form of a joint-stock company (shares in the authorized capital providing at least three quarters of the total number of votes of participants in the credit institution) Limited Liability Company); 2) elimination within one year of the approval of the plan of measures for financial recovery of the credit institution for the Bank of Russia's application of supervisory measures in respect of the credit institution; 3) satisfaction in the course of the period 14 calendar days from the date of approval of the plan of measures for financial recovery of the credit institution claims of creditors on monetary obligations and (or) payment of mandatory payments. 2. In case of approval by the Bank's Committee of Banking Supervision of the Bank of Russia of a plan containing all the conditions stipulated in paragraph 1 of this article, the Bank of Russia makes the following decisions: 1) not to apply the measures to the credit institution; Article 74 of the Federal Law on the Central Bank of the Russian Federation (the Central Bank of the Russian Federation); 2) not to introduce Article 48 of the Federal Law of 23 December 2003 No. 177-FZ " On Insurance of the Deposits of Natural Persons. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of individuals in banks of the Russian Federation ") a ban on the attraction of funds of individuals and the opening of bank accounts of individuals; 3) not to revoke the license for banking operations from the credit institution In the cases provided for in article 20, paragraph 2, of the Federal Act on Banks and Banking Activities; 4), grant a delay (installments) to the credit institution on the payment of the amount of funds not made to the mandatory reserves, Deposed in the Bank of Russia, for the duration of the plan envisaged by the paragraph 1 of this article. In this case, the credit institution is obliged to make a monthly calculation of the obligatory reserves to be deposited and submit it to the Bank of Russia in the order established by the Bank of Russia. 3. The decisions referred to in paragraph 2 of this article shall be canceled by the Bank of Russia's Committee of Banking Supervision if the plan of measures for the financial rehabilitation of the credit institution expires, but no later than one year from the date of approval The Bank Supervisory Committee of the Bank of Russia of the specified plan, or if the Committee of Banking Supervision of the Bank of Russia is not able to perform it. Article 189-23. The responsibility of the individuals who control the credit organization 1. If the bankruptcy of the credit institution is due to the actions and (or) inaction of the persons controlling the credit institution, such persons, in case of insufficient property of the credit institution, bear subsidiary responsibility for it in accordance with article 10 of this Federal Act, with the characteristics set forth in this article. 2. In the determination of the controlling person of the debtor (the credit institution), the provision of paragraph 30 of article 2 of this Federal Law of the Federal Act shall not apply (less than two years prior to the adoption of the debtor's declaration of recognition by the arbitral tribunal). A bankrupt) in which the person has or has the right to give the debtor an order or otherwise to determine the actions of the debtor. 3. Until proven otherwise, it is assumed that the bankruptcy of the credit institution is due to the actions and (or) omissions of the persons who control the credit institution, subject to the presence of one of the circumstances specified in paragraphs 3 and 4 of the paragraph 4. Article 10 of this Federal Act. The provisions of paragraph 4 of article 10, paragraph 4, of this Federal Act apply to persons who are responsible for the formation, maintenance, storage of documents reflecting the economic activities of the credit institution and bases The credit organization's data on electronic media (database backups), as well as the obligation to transfer them to the provisional administration of the credit institution or the liquidator (the insolvency representative). 4. The documents referred to in paragraphs 4 and 5 of article 10, paragraph 4, of this Federal Act also include documents reflecting the economic activities of the credit institution and the database of the credit institution by electronic means. (backup of databases), the obligation to establish the maintenance of which is established by the Federal Act on Banks and Banking Activities, which are subject to the requirements of this Federal Act. Administration of the credit institution (the insolvency representative, , the liquidator). 5. The credit institution or the agency may apply to the arbitral tribunal for damages caused by the acts (omissions) of the persons controlling the credit institution in respect of which the credit institution has been (a) Measures for the prevention of bankruptcy with the participation of the Agency provided for in articles 189 to 49 of this Federal Act. 6. A statement on the admission of a person who controls a credit institution to a subsidiary liability on the grounds provided for in this article may be submitted no later than three years from the date on which the credit institution is declared bankrupt. If the time limit is missed, it may be reinstated by the court. 7. Application for the participation of persons in control of the credit institution for subsidiary liability, liability in the form of damages (except as provided for in paragraph 5 of this article) shall be submitted by the insolvency representative by the insolvency representative. an initiative, either by a decision of a meeting of creditors or a committee of creditors, as well as by an authorized body. Such a declaration may be made by the insolvency representative in the course of the insolvency proceedings in the event of default by the insolvency representative of the meeting or the creditor committee. 8. The filing of a claim by the insolvency representative or the authorized body to hold individuals controlling the credit institution to subsidiary liability shall not prevent the insolvency representative from appealing to the arbitral tribunal with a statement on the same subject and on the same grounds, in the event that new evidence was submitted to the arbitral tribunal by the insolvency representative. 9. In the case filed by the credit institution or the Agency, the persons who control the credit institution were liable to the credit institution's benefit in the case of a decision by the arbitral tribunal The credit institution is recognized by the credit institution in the person of the insolvency representative or the liquidator. 10. In the case of an application to hold the controlling person accountable, the court may, at the request of the insolvency representative, take interim measures of protection, including the seizure of the property of the controlling person. Such interim measures shall also remain in force for the period of suspension of consideration of the application to hold the controlling person to account. 11. Persons engaged under this Federal law to subsidiary liability and liability in the form of recovery of damages in favor of a credit institution are not entitled to acquire shares (share in the authorized capital) of another credit institution. organizations, which make up more than five per cent of its authorized capital, or establish direct or indirect (through third parties) the control of the shareholders (participants) of the credit institution holding more than five per cent of shares (shares) of the credit institution, within five years from the date on which the persons were executed an obligation established by a court act to bring such responsibility to justice. 12. Persons engaged under this Federal Act for subsidiary liability, as well as liability in the form of recovery of losses in favor of a credit institution, are not eligible to hold positions of heads of credit organizations in the 5 years from the date on which the persons concerned have performed their duties, as established by the judicial act on the prosecution of such liability. Article 189-24. Consequences of failure to meet the requirements of articles 189-17, 189-19-189-189 of this Federal Law Violation by the credit institution of the requirements of articles 189-17, 189-19-189-21 This Federal Law is the basis for the Bank of Russia's application of supervisory measures established by federal laws. Article 189-25. Temporary Administration for Management Credit Organization 1. The provisional administration of the credit institution is a special management body of a credit institution appointed by the Bank of Russia in accordance with the procedure established by this paragraph and the Bank of Russia regulations. 2. The provisional administration of the credit institution operates in accordance with this paragraph, other federal laws and regulations of the Bank of Russia. 3. " During the period of the provisional administration's administration, the powers of the executive bodies of the credit institution by the Bank of Russia's decree on the appointment of the provisional administration may be restricted or suspended in order and on the basis of the conditions set out by this Federal Act. 4. In case of suspension of the powers of the credit institution's executive bodies from the date of appointment of the provisional administration and the date of the decision of the arbitral tribunal on the recognition of the credit institution insolvent or entry into The validity of the decision of the arbitral tribunal to terminate or terminate the activity of the interim administration shall be suspended by state registration of transactions, transfer, limitation (encumment) of the right to immovable property belonging to the credit card. the right to property, other proprietary rights or the right to She's on bail. Article 189-26. Reasons for assigning a temporary administration to Credit Organization Management 1. The Bank of Russia has the right to appoint a provisional administration for the management of a credit institution, if: 1) the credit institution does not meet the requirements of the creditors (the creditor) on the monetary liabilities (liabilities) and (or) does not execute obligation to pay mandatory payments exceeding seven days or more from the date on which they are satisfied and (or) performance, due to the absence or insufficiency of funds on correspondent accounts organization; 2) Credit organization allows to reduce its own (capital) compared to the maximum achieved in the last twelve months, by more than 30 per cent, while violating one of the mandatory standards set by the Bank of Russia; 3) The credit institution violates the current liquidity standard set by the Bank of Russia, in the last month more than 20 percent; 4) the credit institution does not comply with the Bank of Russia's request to replace the head of the Bank of Russia. or the implementation of financial recovery measures, or The reorganization of the credit institution within the prescribed period of time; 5), in accordance with the Federal Act on Banks and Banking Activities, there are grounds for revoking banking licences from the credit institution; " The Bank of Russia's Committee of Banking Supervision has approved a plan of participation of the Agency in the implementation of measures to prevent the bank's bankruptcy. 2. The Bank of Russia is obliged to appoint a temporary administration for the management of the credit institution no later than the day following the day the credit institution has revoked the banking license. 3. The Bank of Russia's Act on the appointment of a provisional administration to manage a credit institution is included in the Unified Federal Register of Bankruptcy Information not later than the following working day from the date of the said act and is published by the Bank. The Bank of Russia has 10 days since the date of its adoption. Article 189-27. Temporary administration for Credit Organization Management 1. The provisional administration of the credit institution is appointed by the Bank of Russia for a term of not more than six months. 2. If, by the end of the period of validity of the provisional administration of the credit institution, the reasons for its appointment as set out in this paragraph shall be maintained, the provisional administration for management The Bank of Russia is sending a request to the Bank of Russia to revoke the banking license from the credit institution. 3. The provisional administration of the credit institution, appointed by the Bank of Russia after revocation of the license for banking operations from the credit institution, exercises its authority in the credit institution provided for by the Bank of Russia. by a paragraph from the day of its appointment until the date on which the arbitral tribunal issued the decision to declare the credit institution bankrupt and to open a competitive process (the approval of the insolvency representative) or until the day of the entry into force of the decision Arbitration Court on the appointment of the liquidator of the credit institution. Article 189-28. Manager of the provisional administration for Credit Organization Management 1. The head of the provisional administration for the management of the credit institution is appointed the employee of the Bank of Russia. 2. The composition of the provisional administration for the management of a credit institution is determined by the order of the Bank of Russia, which is included by the Bank of Russia in the Unified Federal Register of Bankruptcy Information not later than the following working day from the date of the adoption of the said act. The head of the loan administration of the credit institution shall assign responsibilities among its members and shall be responsible for its activities. The interim administration of the management of the credit institution, in agreement with the Agency, may be composed of its employees. 3. The head of the provisional administration of the credit institution, in case of suspension of the powers of the credit institution's executive bodies, carries out activities on behalf of the credit institution without a power of attorney. Article 189-29. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The head of the interim administration is responsible under federal law for the management of the credit institution. Article 189-30. Functions of the provisional administration to manage the credit organization in case of limitation of executive authority of the credit organization 1. In case of limitation of the powers of the credit institution's executive bodies, the provisional administration of the credit institution performs the following functions: 1) conducts a survey of the credit institution; 2) establishes the existence of grounds for withdrawal of the banking licence under article 20 of the Federal Act on Banks and Banking Activities; 3) participates in the development of financial rehabilitation activities credit organization and its implementation; 4) controls the disposition of the property of the credit institution within the limits set by this article; 5) performs other functions in accordance with federal laws. 2. In the implementation of the functions of the interim administration of the credit institution referred to in paragraph 1 of this article: 1) receives the necessary information and documents from the authorities of the credit institution. credit institution activity; 2) gives consent to the credit institution management bodies of the transactions referred to in paragraph 3 of this Article; 3) appeals to the Bank of Russia for suspension of authority the management of the credit institution, if they impede the implementation of the The functions of the provisional administration for the management of the credit institution or if this is necessary for the implementation of measures to prevent the insolvency of a credit institution. For the purpose of this paragraph, obstructing the exercise of the functions of the interim administration shall be understood to be the commission by officials of a credit institution or persons acting on their behalf, unlawful acts, or their inaction Failure to comply with the federal law's obligations, including failure to provide, under federal law, documents for the negotiation of transactions, as well as the creation of conditions under which the provisional administration of the administration by a credit institution may not perform all or part of the functions, The Bank of Russia's federal laws and regulations. 3. The credit institution's management bodies are authorized only with the consent of the provisional administration to manage the credit institution: 1) related to the transfer of the immovable property of the credit institution to the lease, pledge, c as a contribution to the authorized capital of third parties, as well as with the disposition of such property in another manner; (2) related to the disposition of other assets of a credit institution with a book value of more than one Percentage of the book value of the assets of the credit institution, including with receiving and issuing loans and loans, issuing guarantees and surety, assignment of requirements, acceptance and forgiveness of debt, novations, soles, and also with the establishment of trust management; 3) with interested or Affiliated in respect of a credit institution by persons determined in accordance with the federal law or with persons against whom the credit institution is an interested person under federal law, or with persons whose activities are controlled or are heavily influenced by credit The organization or persons under the control or considerable influence of which the credit institution is located. Article 189-31. Functions of the provisional administration for managing the credit organization in case of the suspension of the executive credit institution 1. In the case of suspension of the powers of the credit institution's executive bodies, the provisional administration of the credit institution performs the following functions: 1) implements the powers of the credit institution's executive bodies organization; 2) conducts a survey of the credit institution; 3) establishes the existence of grounds for withdrawal of banking licences under article 20 of the Federal Act on banks and banking activities "; 4) develops financial events. The credit institution's recovery, organizes and controls the credit institution; 5) takes measures to ensure the preservation of the property and documentation of the credit institution; 6) sets up creditors of the credit institution and the amount of their claims; 7) takes measures to recover the debt to the credit institution; 8) appeals to the Bank of Russia for a moratorium on claims creditors of the credit institution; 9) performs other functions in federal laws. 2. In the implementation of the functions of this article, the provisional administration for the management of a credit institution: 1) receives the necessary information from the head of the credit institution, other employees and other persons. Documents relating to the activities of the credit institution; 2) presents claims on behalf of the credit institution to the courts of general jurisdiction, arbitral tribunals and arbitration courts; 3) appoints representatives of the interim administration the management of the credit institution in the branches of the credit institution, as well as in the the governing bodies of its subsidiaries; 4) shall agree upon the decisions of the board of directors (supervisory board) of the credit institution or the general meeting of its founders (participants), with the exception of decisions on transactions, Paragraph 3 of this article; 5) is entitled to remove the members of the credit organization's executive bodies from work; 6) is entitled to assemble a meeting of the founders (s) of the credit institution in the order established by the credit institution federal laws; 7) may apply on behalf of credit organizations to the arbitral tribunal to hold the persons who control the credit institution accountable if their perpetrators (acts of omission) of the credit institution were subjected to loss; 8) addresses the credit institution to a court or tribunal requiring recognition of transactions made by a credit institution or other persons at the expense of a credit institution on grounds and in the manner provided for in articles 61-1-61-9 of the present of the Federal Act, taking into account the particularities set out in article 189-40 of this Federal Law; 9) addresses the procedure established by article 136, paragraph 4, of this Federal Law, to the court with applications to reduce the size of the requirements of the head of the credit institution, the chief accountant the credit institution, his deputies, the head of the branch or representative of the credit institution, his deputies, the chief accountant of the branch or representative office of the credit institution, his deputies and other employees of the credit institution of the Convention on the Rights of the The administration has increased the remuneration of such persons as compared to the amount of pay established before the start of the period; 10) has unimpeded access to all premises of the credit institution; 11) is entitled to The need to seal the credit institution's premises. 3. The provisional administration of the credit organization shall be entitled only with the consent of the board of directors (supervisory board) of the credit institution or the general meeting of its founders (participants) within their competence established by the federal authorities. by the laws and constituent documents of the credit institution, to make transactions connected: 1) with the transfer of the immovable property of the credit institution to the lease, deposit, as a contribution to the authorized capital of third parties and by disposition of such property otherwise; 2) with an order other than (a) assets of a credit institution with an inventory value of more than five per cent of the book value of the assets of the credit institution, including the receipt and issuance of loans and loans, the issuance of guarantees and surety, the assignment of rights requirements, transfer and forgiveness of debt, novations, soles, and also with the establishment of trust management. 4. The Board of Directors (Supervisory Board) of the credit institution or the general meeting of its founders (participants) within their competence, established by federal laws and constituent documents of the credit institution, has the right to extend the powers Provisional administration of the credit institution on the management of the credit institution's assets. Article 189-32. The function of the temporary administration for managing the credit organization when it is assigned after the credit organization has revoked the license for banking operations 1. The provisional administration of the credit institution, appointed by the Bank of Russia after withdrawing from the credit institution of the license for banking operations, carries out the same functions and has the same powers as provided by the Bank of Russia. the provisional administration of the credit institution in accordance with Article 189-31 of this Federal Law, with the exception of the function of developing measures for the financial rehabilitation of the credit institution, their organization and control over them Enforcement. 2. The Interim Administration of Credit Management, appointed by the Bank of Russia after the credit institution's license to carry out banking operations, is obliged to carry out a survey of the credit institution and determine its existence. of insolvency (bankruptcy) provided for in article 189-8, paragraph 1, of this Federal Act. The Bank of Russia has issued a notice to the Bank of Russia on the management of the credit institution, appointed by the Bank of Russia following the revocation of the banking license. The Bank of Russia sent a statement to the arbitration court to declare the credit institution bankrupt. 3. The provisional administration of the credit institution after revoking the license for banking transactions from the credit institution determines the existence of signs of deliberate bankruptcy and notifies creditors of their acceptance of the arbitration. The court issued a statement on the recognition of the credit institution bankrupt by publishing within ten calendar days at the expense of the funds of the credit institution of "Bulletin of the Bank of Russia" and in a periodical printed publication at the place of the credit. organization. 4. The provisional administration of the credit institution shall disclose information about the financial condition of the debtor within ten calendar days after the application of the arbitral tribunal by the arbitral tribunal established by the Bank of Russia. Credit organization is bankrupt. 5. The Interim Administration of the Credit Organization, when examining an application by the Bank of Russia to declare credit institution bankrupt, submits an opinion on the financial condition of the debtor, composition of creditors and availability Signs of deliberate bankruptcy. 6. Within three working days of the publication of the particulars referred to in paragraphs 3 and 4 of this article, the provisional administration shall send this information to the Bank of Russia, which shall include them in the Single Federal Register of Bankruptcy Information. 7. Fulfiller by the credit institution after the revocation of the banking licence until the day of commencement of the insolvency proceedings of the current liabilities (including the commission of transactions entailing current transactions) under this Federal Law, it is based on an estimate of the costs approved by the Bank of Russia. 8. Types of transactions carried out by the credit institution since the revocation of the banking license, including transactions related to the expenditure of cash and other disposition of the property of the credit institution, and the procedure for their implementation are established by the Federal Law "On Banks and Banking Activities" and adopted by the Bank of Russia in accordance with it. 9. Interim Administration of the Credit Organization in case of insufficient funds to fulfil the current obligations of the credit institution relating to the preservation of its property and the protection of the interests of the credit institution's creditors The organization has the right to apply to the court, the arbitral tribunal with the application for the withdrawal of previously imposed arrests on bank accounts in the amount necessary to ensure the operation of the credit institution in accordance with the estimates of the Bank of Russia. 10. In order to establish creditors of the credit institution and the size of their requirements for a credit institution, the provisional administration of the credit institution is entitled to carry out, in accordance with the procedure set out in paragraphs 11 to 17 of this article, the recording of requirements The creditors in the register of creditors, the form of which is established by the regulatory act of the Bank of Russia in agreement with the Agency. 11. In order to provide creditors of the credit institution with their requirements to the credit institution, the provisional administration for the management of the credit institution sends an advertisement containing information about the credit institution (name and other details). The credit institution's address, the information about the provisional administration of the credit institution, the official publication in accordance with this Federal Law, the Bank of the Russian Federation for publication and the Bank of Russia for publication. inclusion of information contained in the declaration in the Single Federal Register of bankruptcy. The promulgation of the above declaration by the provisional administration for the management of the credit institution shall be carried out at the expense of the assets of the credit institution. 12. Creditors of a credit institution are entitled to present their requirements to the credit institution at any time during the period of the provisional administration's management of the credit institution. When such claims are submitted, the creditor is obliged to state, in addition to the substance of the requirements, information about himself, including the name, first name, patronymic, date of birth, identity documents, and mailing address for the sending correspondence (for a natural person), name, location (for legal person), as well as bank details (if any). 13. A person who has submitted a claim to a credit institution is obliged to inform the provisional administration of the management of the credit institution in a timely basis of the alteration of the particulars referred to in paragraph 12 of this Article. In the event of failure to submit such information or late submission, the provisional administration of the credit institution and the credit institution shall not be liable for any damages caused by it. 14. The requirement for a credit institution with the application of court decisions that have entered into force, the arbitral tribunal, the determination to issue an executive sheet for enforcement of decisions of the arbitral tribunal or other judicial acts, as well as other genuine decisions. The provisional administration of the credit institution shall be required to provide the documents or their duly certified true copies of the documents confirming the validity of this claim. 15. The provisional administration of the credit institution shall consider the claim submitted and after review no later than 30 working days from the date of receipt of the claim shall submit it to the register of creditors on the basis of merit. of the claim. In the same period, the provisional administration of the credit institution notifies the relevant creditor of the inclusion of its claim in the register of creditors, or the refusal to include it in the registry or to include it in the register The requirement register is incomplete. 16. A claim by a creditor under a bank deposit and/or a bank account agreement may be made by the provisional administration to the credit institution's management of the creditor's claims in the amount of the cash balance. the accounts payable to the creditor on the basis of the information available in the credit institution. 17. The claim of the creditor under the contract of bank account and/or the agreement of the bank account, which has the right to receive insurance compensation in accordance with the Federal Law "On Insurance of deposits of individuals in banks of the Russian Federation" The provisional administration for the management of the credit institution in the register of creditor claims in the amount of the balance of the cash held in an account in excess of the amount due to the creditor of the insurance indemnity. 18. Where a creditor's claim is made to the register of creditors in an appropriate notice to the creditor, details are given of the size and composition of its claim against the debtor and the order of its satisfaction. 19. On the basis of the creditors ' claims, the provisional administration of the credit institution shall draw up a register of claims of creditors of the credit institution in which the particulars of the creditors who have submitted their claims are recorded such requirements, the order of satisfaction of each such requirement, and the reasons for their occurrence. 20. In the register of creditor claims, claims of creditors are taken into account in the currency of the Russian Federation. The requirements of the creditors denominated in foreign currency are taken into account in the register of creditor claims in rubles at the rate set by the Bank of Russia on the day of revocation of the banking license from the credit institution. 21. The register of claims of creditors of the credit institution shall be transmitted to the insolvency representative or to the liquidator of the credit institution in accordance with the procedure established by article 189-43, paragraph 2, of this Federal Law. 22. The creditors ' claims against the credit institution during the period of the provisional administration of the credit institution, but not considered by the interim administration on the date of expiry of its authority, In accordance with paragraphs 10 to 17 of this article, the insolvency representative or the liquidator of the credit institution shall, in accordance with the procedure established by article 189, paragraph 2, of this Federal Law. Article 189-33. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Professional { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Professional After the revocation day, the credit institution, which carries out professional activities in the securities market, the license to conduct banking operations, the provisional administration of the credit institution performs the return of such a loan to its clients Credit organization of their securities and other property, accepted and (or) purchased by such a credit institution, by storage contracts, trust management contracts, depositary treaties and treaties on brokerage, c as a reflection of this in the relevant accounts or accounts with special features, referred to in paragraph 8 of this chapter. 2. In order to carry out the return to clients of a credit institution engaged in professional activities in the securities market, securities and other property, accepted and/or purchased by such a credit institution for their contract Storage, trustee, depositary and brokerage contracts, interim administration of the credit institution shall conduct an inventory of securities and other property held (counting) on in such a credit institution. 3. An account of the conduct of an inventory referred to in paragraph 2 of this article shall be made no later than fourteen calendar days from the date of appointment of the provisional administration of the credit institution. 4. Within five working days from the date on which the act on the physical count referred to in paragraph 2 of the present article is drawn up, the provisional administration of the credit institution shall notify the credit institution by issue of the declaration in question. The official publication of the clients of the credit institution conducting professional activity in the securities market, about the possibility of issuing statements to clients of such credit organization of their securities and other property adopted and (or) acquired by such a credit institution by contract Storage, trusteering treaties, depositary treaties and brokering agreements, and also sends the text of the said announcement to the Bank of Russia, which includes information contained in the said declaration in the Unified Federal bankruptcy register. 5. Receiving applications from clients of the credit institution conducting professional activities in the securities market, return of their securities and other property, accepted and/or purchased by such a credit institution for their contract Storage, trust management contracts, depositary treaties and brokerage contracts are carried out within six months from the date of revocation of the banking licence from such a credit institution credit institution management administration, and in the case of credit The organization of the bankrupt and the commencement of insolvency proceedings-the insolvency representative. 6. After performing the physical inventory provided for in paragraph 2 of this article, the provisional administration of the credit institution shall not be later than two working days from the date of receipt of the application of the clients of the credit institution implementing the Professional activities in the securities market, the return of their securities and other property, accepted and (or) purchased by such a credit institution by storage contracts, trust management contracts, depositary treaties and treaties on brokering services Property is transferred to accounts opened by clients of such a credit institution in another professional participant of the securities market. 7. Return to clients of the credit institution performing professional activities in the securities market, securities and other property, accepted and/or purchased by the credit institution for their account under the storage contracts, agreements of trust Management, depositary contracts and brokering contracts are carried out in accordance with the details of such a credit institution's client application. 8. In the event that, in order to carry out the return of the property referred to in paragraph 7 of this article, the clients of the credit institution conducting the professional activity in the securities market cannot be divided among the securities in the securities market. The quantity, which is an integer, is sold in the manner prescribed by Article 185-7 of this Federal Law. Cash received from the sale of undistributed securities is distributed among the clients in proportion to the size of each claim. If the property of multiple clients of a credit institution that performs a professional activity in the securities market is combined in one account and the specified property is not sufficient to fully implement the return to these customers in full The amount of their property is transferred to the clients in a quantity proportionate to the size of the requirements of each of them. 9. Not satisfied due to lack of property in the accounts of clients of the credit institution, which performs professional activity in the securities market, the requirements of such clients are to be included in the register of the creditors ' claims In the order of precedence established by article 189-92 of this Federal Law. 10. Return to the depositor of the securities accepted by the credit institution, which carries out professional activity in the securities market, storage and/or accounting records, is carried out on the basis of the application of the depositor in the manner prescribed by paragraphs 1-9 of this Regulation. Articles, according to the depositary accounting by: 1) re-registration of the registered securities in the name of the owner in the register of the owners of the name securities or in another depositor, specified by the depositor; 2) of the return of certificates of the documentary securities of a depositor or of transmitting them to another depositary, specified by the specified exponent. 11. If, during the period of the interim administration of the credit institution or the course of a competitive process, in the event of recognition of a credit institution engaged in professional activity in the securities market, the bankrupt in such case The credit institution has not received a claim from its client for the return of its securities and other property, accepted and (or) acquired by such a credit institution for its storage contract, the trustee, the depositary agreement or a brokerable service agreement, the securities are listed on the front The account of this customer in the securities holders ' registry, or on the account of the customer in the depot, which carries out mandatory centralized storage of securities. Other property is to be transferred to the notary's deposit. 12. Return to the founders of the property held in trust by the credit institution, which carries out professional activity in the securities market, is carried out on the basis of the statements of the founders of the management in the order, as set out in paragraphs 1 to 11 of this article. Article 189-34. Features of the interim management of the bank in the case of the Agency's involvement in the implementation of measures for bank bankruptcy prevention 1. If the Bank's Supervisory Committee has approved the Bank of Russia's participation plan in implementing measures to prevent the bank's bankruptcy, the Bank of Russia may be assigned the responsibility of the Bank of Russia to the Agency. The Agency shall exercise the functions and powers of the Interim Administration for the Management of the Bank through a representative designated by him from the number of its employees and acting on the basis of a power of attorney. 2. The Interim Administration for the Management of the Bank, which is entrusted to the Agency, exercises the same functions and powers vested in the provisional administration of the credit institution in accordance with the article. 189 to 31 of this Federal Act, with special features set out in this article. 3. During the interim administration of the bank designated pursuant to this article, the suspended: 1) the authority of the bank's management bodies to take decisions on matters assigned to them the competence of the federal laws and constituent documents of the bank; 2) the rights of the founders (participants) of the bank connected with participation in its authorized capital, including the right to convene a general meeting of shareholders (participants) of the bank. 4. In addition to exercising the powers referred to in paragraph 2 of this article, the provisional administration of the bank has the right: 1) to carry out actions related to the reduction of the size of the bank's authorized capital to the amount of its own (capital) or up to one ruble, take a decision to amend the bank's charter; 2) carry out actions related to the increase in the authorized capital of the bank, including the decision on the placement of shares, to approve decision to issue shares and report on the results of this issue, decide on the introduction changes to the bank's charter; 3) to decide on the reorganization of the bank; 4) to sell the bank's property, including to the Agency, in accordance with the Agency's plan of participation in the implementation of bankruptcy prevention measures Bank; 5) to decide to close and (or) open branches of the bank and to make relevant changes to the bank's charter; 6) implement other measures aimed at preventing insolvency bank; 7) decide to liquidate the bank. Article 189-35. The effect of suspending the { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } In case of suspension of the powers of the credit institution's executive bodies for the period of activity of the interim administration of credit institution: 1) the executive bodies of the credit institution are not entitled to take decisions on matters assigned to them by federal laws and constituent documents of the credit institution; (2) decisions of other bodies of the credit institution shall enter into force upon approval by the interim administration the management of a credit institution. 2. Executive bodies of the credit institution in the event of suspension of their powers for the period of activity of the provisional administration of the credit institution, no later than the day following the day of appointment of the provisional administration administration The credit institution is obliged to submit to it the stamps and stamps of the credit institution, and in time agreed with the provisional administration of the credit institution management, the accounting and other documentation, the credit institution's databases on electronic media (database backups) that are responsible for is established by the Federal Law "On Banks and Banking Activities", the material and other values of the credit institution. 3. Obstruction by the head of the credit institution, other employees of the credit institution and other persons the functions of the interim administration to manage the credit institution (including obstruction of access to premises The credit institution, access to its documentation and other forms of information, refusal to submit documents, the press is the basis for the Bank of Russia to apply the measures provided for by the federal law, as well as to impose Responsibility under federal law. 4. In case of suspension of the powers of the executive bodies of the credit institution for the period of activity of the administration of credit institution, the head of the credit institution, which was entitled to the appointment of the interim administration On behalf of the credit institution without power of attorney, the credit institution is entitled to represent its interests in the arbitration court upon appeal of the decision of the Bank of Russia on the appointment of a provisional administration for credit management. of the Bank of Russia's order to revoke the license for Banking operations. 5. From the date of appointment of the interim administration, the powers of attorney issued by the credit institution shall cease to be valid until the date of appointment of the interim administration, including irrevocable powers. Article 189-36. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b The bank is obliged to send to the Bank of Russia the license for banking operations under Article 20 of the Federal Law "On Banks and Banking Activities". The request for revocation of the licence. Article 189-37. Disputes about the operation of the interim administration on Credit Organization Management 1. The credit institution has the right to appeal the decision of the Bank of Russia to appoint a provisional administration for the management of a credit institution to an arbitration court in the manner prescribed by federal laws. The Bank of Russia's decision to appoint a temporary administration to manage the credit institution, as well as the application of measures to ensure the claims against the credit institution, does not suspend the activity of the temporary administration of the Bank of Russia. Administration of Credit Organization. 2. The founders (participants) of the credit institution, who own at least one percent of the authorized capital of the credit institution, are entitled to appeal to the Arbitration Court with a claim against the Bank of Russia for the reimbursement of the credit institution of real damage, If it is caused by the unwarranted appointment of a provisional administration for the management of a credit institution. Article 189-38. Moratorium on the requirements of the credit institution's lenders 1. In case of suspension of the powers of the executive bodies of the credit institution and provided the grounds provided for in article 189-26, paragraph 1, paragraph 1, of this Federal Act are present, the Bank of Russia is entitled to impose a moratorium on satisfaction. The requirements of the creditors of the credit institution for a period not exceeding three months. The said moratorium applies to liabilities and obligation to pay the mandatory payments that occurred prior to the appointment of the provisional administration for the management of the credit institution. 2. During the period of the stay: 1) is not charged by law or contract (fines, penalties), interest, other financial penalties, and no other measures of liability for failure or improper performance The credit institution's monetary obligations and (or) obligations for payment of mandatory payments; (2) no recovery is permitted against the executive and other documents for which it is produced in an indisputable (the indisputable) order; 3) suspends execution of executive documents, for except as provided for in paragraph 4 of this article; 4) prohibits meeting the requirements of the founder (member) of the credit institution to grant him a share (contribution) in the authorized capital of the credit institution in connection with it by a withdrawal from its founders (participants). 3. For the sum of the creditor's claims on monetary obligations and (or) the mandatory payments expressed in the currency of the Russian Federation, interest is calculated at the rate of two per day (excluding accrued interest) on the day of the introduction of the stay (excluding accrued interest). The Bank of Russia has refunded the Bank of Russia's refinancing rate. The amount of interest earned on the day of the application of the stay (excluding accrued interest) is calculated on the amount of the creditor's claims and (or) mandatory payments denominated in foreign currencies on the basis of the average rate Bank interest on short-term foreign currency loans provided at the creditor's location. Accrued interest is payable after the end of the stay. 4. The moratorium does not apply: 1) to citizens ' claims to which the credit institution is responsible for causing damage to life or health; 2) to claims by citizens for payment of termination benefits and payment The work of citizens working under an employment contract (contract) and payment of remuneration to the authors of the results of intellectual activity; 3) to the requirements for the payment of the organizational and economic expenses necessary for the activity credit organization; 4) for execution of " The documents issued until the day of imposing the moratorium on the basis of the decisions on the recovery of the debt of the credit institution on the contracts of bank deposits with individuals and contracts of the bank account. Article 189-39. Refusal of the performance of contracts and other transactions of the credit institution Head of the Interim Administration of Credit Organization in case of suspension of the powers of the credit institution's executive bodies with The time of appointment of the provisional administration on the management of a credit institution is entitled to refuse the performance of contracts and other transactions of the credit institution on the grounds and in the manner prescribed by Article 102 of this Federal Law. Article 189-40. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } A transaction performed by a credit institution (or other persons at the expense of the credit institution) prior to the date of appointment of the provisional administration to manage a credit institution or after such a date may be declared invalid upon application The head of such administration shall be in the order and on the grounds provided for by this Federal Law, as well as by the Civil Code of the Russian Federation and other federal laws, taking into account the peculiarities set forth in this paragraph. 2. The statement on the recognition of the transaction of a credit institution may be filed with the Arbitration Court by the provisional administration for management of the credit institution, as well as by the Agency on behalf of the credit institution in case the Bank of Russia Approved the Agency's participation in the implementation of measures to prevent the bank's bankruptcy. 3. The periods during which transactions can be declared null and void, or the obligations of the credit institution referred to in articles 61-2, 61-3 and Article 61-6, paragraph 4, of this Federal Act, shall be calculated on the date of The Bank of Russia appointed a temporary administration to manage the credit institution and, in the case of a credit institution, measures to prevent the bankruptcy of the Agency from the date of approval by the Committee of the Bank of Russia. Oversight of the Bank of Russia of the Agency's participation plan in the implementation of preventive measures bankruptcy of the bank. 4. In the event of a challenge by the head of the provisional administration for the management of a credit institution, pursuant to article 61-3 of this Federal Law, the credit organization's credit organization with the account of the credit institution The credit institution has credited the customer's debts to the credit institution with the account of the customer's account in the credit institution. or another person in another credit institution (as based on a client's order, without it) or on the issuance of cash from the client's account, the burden of proof that the transactions went beyond the normal course of the credit institution rested with the head of the interim administration the management of a credit institution. 5. It is presumed (until proven otherwise) that the transaction has gone beyond normal business if at least one of the following conditions exists: 1) the impugned payment was made by a credit organization through a correspondence The account (sub-account) is in violation of the order established by the Civil Code of the Russian Federation, subject to the availability of other orders of clients nominated in the same currency and not executed in time due to the lack of cash in the same currency. the account (sub-account) of that credit institution or if it is proved, that the customer who has made the disputed payment, or the payee of the payment, knew that there were other such outstanding orders for the other correspondent account (subaccount) of that credit institution; 2) the customer or the payee of the payment is The appointment or the size of the impugned payment differs significantly from that previously made by the customer in relation to the previous relationship with the credit institution; a credit institution, and the client is unable to provide reasonable convincing The basis for this payment and the amount of the payment or set of payments made by the customer for one operating day exceeded one million rubles, and for payments made in foreign currency exceeded the amount equivalent to one million rubles The Central Bank of Russia will exchange rates on the date of payment. This sub-paragraph does not apply to payment of payments intended to fulfil the monetary obligations of a credit institution with other credit institutions with credit contracts, bank account contracts or deposit agreements (deposit). 6. Rule of paragraph 2 of Article 61-4 of this Federal Law on the possibility of annulment of transactions performed in ordinary economic activity, if their price or amount exceeds one per cent of the value of the assets, is not applicable Challenge of payments aimed at fulfilling the monetary obligations of the credit institution under the loan agreements concluded with other credit institutions, the contracts of the bank account, or the contracts of deposit (deposit). Such payments may be declared invalid under article 61-2, paragraph 1, or article 61 to 3 of this Federal Law only in accordance with paragraph 5 of this article. 7. In contesting the transactions of a credit institution in accordance with paragraphs 5 and 6 of this article, article 61-4, paragraph 4, of this Federal Act shall not apply. 8. In the case filed by the head of the provisional administration for the management of the credit institution, in case of termination of activity of the provisional administration of the credit organization, the applicant will be recognized as a credit institution in the person of her. The competent authority shall, in the event of a decision by the arbitral tribunal to declare the credit institution bankrupt and on the commencement of the insolvency proceedings (the approval of the insolvency representative) or the decision of the arbitral tribunal to appoint a liquidator of a credit institution, through a insolvency representative, or The liquidator of the credit institution. 9. The transaction, which was committed by a credit institution, is a member of the payment system, the central payment clearing counterparty, the settlement center of the payment system, and on which the credit institution carries out obligations as a result of the payment of the payment system "On the basis of the requirements of the Federal Law of June 27, 2011 N 161-FZ" On the national payment system " cannot be declared null and void. The reasons provided for in this article. 10. Transactions or transfers made by a credit institution by a member of the foreign payment system may not be declared invalid on the grounds provided for in this article, if any by a member organization of a foreign payment system or other credit institution (including a foreign credit institution or a foreign bank) at its disposal and foreign central payment clearing counterparty Bank of Russia bank account opened. 11. A transaction committed by a bank or other persons at the expense of the bank in respect of which the bankruptcy prevention measures of the Agency, as provided for in this paragraph, may be declared null and void upon application of the said bank or the Agency in the manner and on the grounds provided for by this Federal Law, as well as by the Civil Code of the Russian Federation and other federal laws, taking into account the peculiarities set forth in this paragraph. The rules set out in chapter III.1 of this Federal Act, paragraphs 1 to 10 of this article, unless otherwise provided in this paragraph, shall apply to such transactions. The periods during which transactions may be declared invalid under articles 61-2 or 61-3 of this Federal Law are calculated on the date of approval by the Bank's Committee of Banking Supervision of the Bank of Russia's participation plan. The Agency is implementing measures to prevent the bank's bankruptcy. 12. In a case filed by the Agency, at the end of the period of implementation of the Agency's plan of participation in the implementation of the measures to prevent the bank's bankruptcy (completion of the bankruptcy prevention measures), the applicant is recognized by the credit institution in by the person of its competent authority, and in the case of the decision by the arbitral tribunal to declare the bank bankrupt and to open a competitive process (approval of the insolvency representative) or the decision of the arbitral tribunal to appoint a liquidator by a credit institution, by a competitive manager or a liquidator credit institution. Article 189-41. Cost of the temporary administration for managing credit organization 1. The costs of the temporary administration for the management of the credit institution related to its activities are carried out at the expense of the credit institution. 2. The Bank of Russia approves the cost estimates for the loan administration of the credit institution. 3. The expenses of the temporary administration to manage the credit institution within the limits of the Bank of Russia's approved estimate are subject to extraordinary satisfaction. 4. In the event of a lack of funds on the correspondent account of the credit institution, a sale may be made on the order of the head of the credit institution to manage the credit institution within the amount approved in the cost estimate. of the foreign currency on the correspondent accounts of the credit institution in other credit organizations, and the proceeds credited to the correspondent account of the credit institution in the establishment of the Bank of Russia. Article 189-42. The credit institution's interim administration report on management of the credit institution reports to the Bank of Russia in accordance with the procedure established by Bank of Russia regulations. Article 189-43. Terminating the temporary management administration organization 1 . The Bank of Russia decides to terminate the activity of the interim administration of the credit institution: 1) in case of the elimination of the reasons that served as the basis for its appointment; (2) after the arbitration has been rendered court of decision to declare credit institution bankrupt and on the opening of a competitive process (approval of the insolvency representative) or the entry into force of the decision of the arbitral tribunal on the appointment of the liquidator of the credit institution; 3) on other grounds provided for in this paragraph and Acts of the Bank of Russia. 2. In the event of a credit organization being declared bankrupt or a decision on forced liquidation, the provisional administration of the credit institution shall not exceed 10 working days after the date of the award by the arbitral tribunal The recognition of the credit institution bankrupt and the opening of the insolvency representative (the approval of the insolvency representative) or the day of the entry into force of the decision of the arbitral tribunal on the appointment of the liquidator of the credit institution is obliged to hand over it to him The press and stamp of the credit institution, accounting and other documents, including a register of claims of creditors of the credit institution, the material and other values of the credit institution, adopted by the credit institution's executive bodies in accordance with Article 189-35, paragraph 2, of this Federal Law. " The procedure for termination of the activity of the provisional administration of the credit institution shall be established by normative acts of the Bank of Russia. 3. The termination of the operation of the provisional administration for the management of a credit institution in eliminating the reasons for its appointment entails the restoration of the powers of the credit institution's executive bodies. 4. The authority of the head of the credit institution suspended for the period of the provisional administration to manage the credit institution from the performance of his duties is restored after the termination of the provisional administration's activities. Management of a credit institution if the head of the credit institution is not relieved of his post in accordance with labor law. 5. The Bank of Russia's decision to terminate the activity of the provisional administration of the credit institution is published by the Bank of Russia in the "Bank of Russia's Bulletin" and no later than the next working day from the date of its adoption by the Bank of Russia. Russia to the Unified Federal Register of Bankruptcy Information. Article 189-44. The Bank of Russia's inclusion in the Single federal bankruptcy information registry 1. The inclusion of the Bank of Russia in the Single Federal Register of Bankruptcy of Information from the Interim Administration for the Management of a Credit Organization and of the Documents referred to in Articles 189-25-189-43 of this Federal Law, The Bank of Russia has been informed by the Bank of Russia of the Bank of Russia. 2. The Bank of Russia's inclusion in articles 189-25-189-43 of this Federal Law of Information, documents in the Single Federal Register of Bankruptcy is carried out without charging the Bank of Russia. Article 189-45. The Bank of Russia's request for reorganization of the credit institution 1. The Bank of Russia has the right to demand reorganization of the credit institution in the cases stipulated by Article 189-26, paragraphs 1-3, of this Federal Law. The order of the Bank of Russia to reorganize the credit institution is established by Articles 189-20, paragraphs 1 and 2, of this Federal Law. 2. The reorganization of the credit institution is carried out in the form of a merger or accession in accordance with the procedure established by federal laws and regulations adopted by the Bank of Russia. Article 189-46. Credit organization actions in the case of receiving a request from the Bank of Russia about its reorganization 1 . In case of receipt of the Bank of Russia's request to reorganize the credit institution, the credit institution's sole executive body is obliged to apply to the credit institution's management bodies within five days from the date of its receipt. Article 189-19, paragraph 1, of this Federal Act, with a request for the reorganization of the credit institution. 2. The credit institution's authorities, as specified in Article 189-19 of this Federal Law, are obliged to inform the Bank of Russia of the decision taken by the Bank of Russia within ten days from the date of receipt of the Bank of Russia's reorganization. 3. The Bank of Russia regulations define the requirements for the stability of credit organizations emerging from the merger of credit organizations. Article 189-47. Proposal by the Bank of Russia on Agency participation in insolvency measures or settlement of bank obligations 1. The Bank of Russia has the right to send a proposal on the Agency's participation in the implementation of measures to prevent the bank's bankruptcy in case there are signs of an unstable financial situation that threatens the interests of its creditors (depositors) and (or) the threat. the stability of the banking system. 2. The Bank of Russia has the right to send a proposal on the Agency's participation in the settlement of the bank's obligations if there are signs of its unstable financial situation, which creates a threat to the interests of its creditors (depositors). 3. For the purposes of this paragraph, the bank's precarious financial situation, which is a threat to the interests of its creditors (depositors), in particular relates to the bank's reporting and (or) the establishment of the Bank of Russia, the Agency, or Other persons who have documented facts, transactions (transactions), the accurate reflection of which in the accounts of the bank will result in a breach by the bank of the mandatory rules, and (or) terms of performance by the bank of the obligations, and (or) terms of participation in Mandatory deposit insurance system (or) to implement measures to prevent the bank's insolvency (bankruptcy) and (or) the existence of other documented evidence of a threat to the interests of creditors (depositors). 4. The Bank of Russia has the right to make a decision on sending representatives of the Bank of Russia and representatives of the Agency for the purpose of analyzing the bank's financial position in order to decide whether to send a proposal to participate in the Agency. The Agency is in the process of implementing measures to prevent bankruptcy or offer to participate in the settlement of the bank's liabilities. 5. The period of analysis of the bank's financial position may not exceed forty-five calendar days. The period may be extended by the Bank of Russia on the basis of a reasoned application of the Agency for no more than ten calendar days. 6. The procedure for analyzing the bank's financial position and its methods is determined by the Bank of Russia regulations. 7. Representatives of the Bank of Russia and representatives of the Agency have the right of access to all bank premises, any documents and information systems of the bank, as well as have the right to request and receive from employees of the bank any information (including information, (...) (...) (...) Representatives of the Bank of Russia and representatives of the Agency are entitled to participate without the right to vote in the meetings of the bank's management bodies, its committees, commissions and other advisory bodies. 8. Obstruction by the bank's executives, other employees of the bank, and other persons carrying out the functions of representatives of the Bank of Russia and representatives of the Agency (including obstructing access to the bank's premises, its documentation and other information). of the Russian Federation. 9. In carrying out an analysis of the bank's financial situation, the Agency is entitled to conduct an assessment of the bank's sufficiency in order to settle the bank's liabilities in accordance with Article 189-51 of this Federal Law. The Bank of Russia's regulatory act is determined by the Bank of Russia regulatory act in agreement with the Agency. In order to determine the market value of the bank's property, including its property rights, the Agency is entitled to attract an evaluator. 10. According to the analysis of the bank's financial position, representatives of the Bank of Russia and representatives of the Agency send to the Bank of Russia and the Agency a joint report on the results of their activities for the Bank of Russia's decision on expediency. The Agency's proposals on the Agency's participation in the implementation of measures to prevent the bankruptcy or settlement of the bank's liabilities. 11. The report of the representatives of the Bank of Russia and representatives of the Agency, as provided for in paragraph 10 of this article, should contain conclusions as to whether the Agency should be sent to the Agency to participate in the implementation of preventive measures. bankruptcy or settlement of the bank's liabilities. 12. The Bank of Russia's Committee of Banking Supervision has made a decision to send a proposal to the Agency for the participation of the Agency in the implementation of measures for the prevention of bankruptcy or the settlement of the Bank's liabilities. 13. From the day of the Bank of Russia's direction to the Agency of proposals on the Agency's participation in the implementation of measures to prevent the bank's bankruptcy and until the day of the end of the period of implementation of measures to prevent the bank's insolvency, the Bank of Russia is entitled to adopt the following: Decisions: 1) not to apply to the bank the measures provided for in Article 74 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)"; 2) not to introduce article 48 of the Federal Insurance Act. of individuals ' deposits in banks of the Russian Federation " and the opening of bank accounts of natural persons; 3) not to revoke the bank's license to carry out banking operations in the cases provided for in article 20, paragraph 2, of the Federal Act on Banks and Banking "Activity"; 4) to grant the bank a delay (installments) on the payment of the amount of undelivered funds to the obligatory reserves held in the Bank of Russia, for the duration of the Agency's participation plan in the prevention of the bank's bankruptcy. In this case, the bank is obliged to make monthly calculation of the obligatory reserves to be deposited and submit it to the Bank of Russia in the order established by the Bank of Russia. Article 189-48. Decision on Agency's participation in the implementation of bankruptcy prevention measures or settlement of bank obligations 1. When considering the Bank of Russia's proposal to participate in the implementation of the measures for the prevention of bankruptcy or settlement of the Bank's liabilities, the Agency has the right to make a corresponding decision: 1) to request and receive in the Bank of Russia Additional information and documents on the bank's financial position; 2) to apply to the Bank of Russia, other persons with a proposal to define bankruptcy prevention activities; 3) to negotiate with the authorities the Bank, its founders (participants) and other persons with a contractual Relations with the bank, on the implementation of insolvency measures or the settlement of the bank's obligations; 4) take other action to decide whether or not to take part in the implementation of the measures the prevention of bankruptcy or the settlement of the bank's liabilities. 2. The decision of the Agency on the appropriateness of its participation in the implementation of the measures for the prevention of bankruptcy or the settlement of the Bank's liabilities is made on the basis of good faith, reasonableness and sufficient knowledge of the matter. The financial situation of the bank, the minimization of the use of the funds of the compulsory insurance of deposits and other property of the Agency. 3. The Bank of Russia has notified the Bank of Russia of its decision to take a decision on its participation in the implementation of bankruptcy prevention measures or the settlement of the Bank's liabilities within 10 days of receipt of the Bank of Russia's proposal to the Bank of Russia. To participate in the implementation of measures to prevent the bank's bankruptcy or to settle the liabilities of the bank or to refuse such participation. 4. The Agency's decisions to refuse to participate in the implementation of the measures for the prevention of bankruptcy or settlement of the bank's liabilities, as well as the decision to participate in the settlement of the bank's obligations, in respect of which the Agency was directed The Bank of Russia's proposal to participate in the implementation of bankruptcy prevention measures should be motivated. Article 189-49. The Agency's involvement in the implementation of measures for the bankruptcy prevention of the bank 1. Bankruptcy measures for the bank may be implemented by the Agency by: (1) providing the financial assistance provided for in this article; (2) tendering for sale of the property that is enforcement of the Bank's obligations, including to the Bank of Russia; 3) the performance of the functions of the provisional administration for the management of the bank in accordance with Article 189-34 of this Federal Law; 4) in other ways, provided for in this paragraph. 2. Measures to prevent the bank's bankruptcy with the participation of the Agency are carried out on the basis of the Bank of Russia's plan of bank supervision approved by the Bank of Russia's involvement in the implementation of measures to prevent the bank's bankruptcy, which is to be carried out by the Bank of Russia. The Agency has been sent to the Bank of Russia not later than twenty days from the date of the Agency's notification to the Bank of Russia on taking a decision on its participation in the prevention of the bank's bankruptcy. 3. Within ten days from the date of receipt of the Agency's plan of participation in the implementation of measures to prevent the bank's insolvency, the Bank's Committee of Banking Supervision makes a decision on its approval or refusal to approve it. If the Agency's plan to prevent the bank's insolvency involves the use of the Bank of Russia, the plan approved by the Bank Supervision Committee of the Bank of Russia is also subject to approval The Board of Directors of the Bank of Russia within the specified term. " The procedure for approval of the Agency's participation plan in the implementation of measures to prevent the bank's bankruptcy, changes to the plan of the Agency's participation in the implementation of the Bank's bankruptcy prevention measures, It is established by the regulatory act of the Bank of Russia. The plan sets out the forms and scope of the Agency's financial assistance. The Agency makes changes to the specified plan for adoption and approval of the plan, if necessary. 4. The Bank's supervisory committee of the Bank of Russia decides to approve the changes or refuse to approve changes to the Agency's plan of participation in the implementation of measures to prevent the bank's bankruptcy within the time limit set by paragraph 3 of this article The day before the Bank of Russia received changes in the Agency's plan of participation in the implementation of measures to prevent the bank's bankruptcy. 5. In the period from the date of approval of the Agency's participation plan in the implementation of measures to prevent the bank's bankruptcy and until the end of the term of its implementation (completion of bank bankruptcy measures), the Agency submits a monthly report to the Bank The Russian Federation is a report on the implementation of the activities envisaged in the plan. The composition of the report and the procedure for its submission are set by the Bank of Russia regulation. 6. In the event of a decision not to approve a plan for the Agency's involvement in the implementation of measures to prevent the bank's bankruptcy or in the event that the said plan could not be implemented, including as a result of non-compliance with the said plan by the bank, the Bank The Russian Federation repeals the decisions taken in accordance with paragraph 13 of Article 189-47 of this Federal Law. 7. The Bank of Russia and the Agency exchange information on the existence of grounds indicating that it is impossible to implement the Agency's plan of participation in the implementation of measures to prevent the bank's bankruptcy. 8. In implementing the bank's bankruptcy prevention measures, the Agency has the right to provide financial assistance: 1) to persons (person) acquiring in accordance with the Agency's approved plan of participation in the implementation of bankruptcy prevention measures at least seventy-five percent of the bank's ordinary shares in the form of a joint-stock company (share in the share capital, representing at least three fourths of the total number of votes of the bank's participants in the form of society). Limited liability) (hereinafter referred to as investors); 2) to the bank Conditions for the Agency and/or investors to acquire, in accordance with the Agency's approved plan of participation, the bank's action to prevent the bank's shares in the amount of at least seventy-five percent of the bank's ordinary shares in the bank The form of joint-stock company (shares in the authorized capital that grant a voting right of at least three fourths of the total number of votes of the participants in the bank in the form of a limited liability company). 9. The Agency provides financial assistance pursuant to paragraph 8, subparagraph 1, of this article, subject to the investor's compliance with the requirements set by the Bank of Russia. 10. The information on compliance with the requirements specified in paragraph 9 of this Article shall be submitted to the Bank of Russia. In the Agency's financial assistance to an investor, the Agency has the right to request and receive documents in the Bank of Russia confirming the compliance of the investor with the requirements established by the Bank of Russia. 11. In providing the financial assistance to the bank, the Agency is entitled to acquire the bank's property, including the rights of the requirements to individuals, without the consent of the latter. 12. Financial assistance in the form of a contribution to the bank's authorized capital at the expense of the Agency is provided by the Agency, while observing the following conditions: (1) reduction of the bank's authorized capital by decision of the Bank of Russia to the value of equity (capital) or up to one ruble (with a negative value of equity (capital); (2) termination of the bank's obligations under the subordinated credit contracts (deposits, loan, bond) including interest and financial sanctions obligations Failure to comply with subordinated loans (deposits, loans, bonded loans) or the implementation of a menu (conversion) of creditors ' claims on subordinated loans (deposits, loans, bonded loans), including obligations Interest and financial penalties for default on subordinated loans (deposits, loans, bonds), ordinary shares (share in the authorized capital) of the credit institution; 3) acquisition by the Agency and (or) the investor (s) of shares (shares in the authorized capital) at least seventy-five percent of the bank's ordinary shares in the form of a joint-stock company (shares in the authorized capital, which grant a voting right of at least three fourths of the total number of votes of the bank's participants) in the form of a limited liability company). 13. Financial assistance provided for under paragraph 8 of this article shall be provided by the Agency under agreements (s). 14. In accordance with the Agency's plan of participation in the implementation of measures to prevent the bank's insolvency, the Agency may act as the organizer of the sale of property, which is the enforcement of the bank's obligations, including the Bank of Russia. 15. Payment of termination indemsions, compensation and other payments in the event of termination of the employment contract with the sole executive authority of the bank (including by choice or by agreement of the parties) for which the Agency Measures are being taken to prevent bankruptcy, his deputies, members of the collegiating executive body of the credit institution, the chief accountant, his deputies, as well as the head of the branch of the credit institution, the chief accountant The credit institution's subsidiary shall be made in the amount not exceeding OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 189-50. A change in the size of the bank's authorized capital and (or) the composition of shareholders (participants) of the bank by the decision of the Bank of Russia 1. The Bank of Russia has the right to decide on the reduction of the size of the charter in accordance with Article 189-26, paragraph 1, subparagraph 6, of this Federal Law. The capital of the bank is up to the value of its own funds (capital), and if this value is negative, up to one ruble. 2. The amount of capital of the bank is calculated by the temporary administration in accordance with the procedure established by the Bank of Russia on the basis of the Federal Law "On the Central Bank of the Russian Federation". 3. The decision to reduce the size of the bank's authorized capital to the amount of its own funds (capital) or to one ruble is taken by the Bank of Russia's Committee of Banking Supervision in accordance with the regulatory act of the Bank of Russia. The Bank of Russia. The report on the reduction of the size of the bank's authorized capital is published in the Bank of Russia's Bulletin not later than ten working days from the day of the adoption of the decision and is placed in the Unified Federal Register of Bankruptcy Information. 4. The decision of the Bank of Russia to reduce the size of the bank's authorized capital shall enter into force from the day of the adoption of the relevant order of the Bank of Russia and may be appealed within thirty days from the date of the first publication or placement of the communication, specified in the Bank of Russia. 3 of this article. The application of measures to ensure claims against the bank does not suspend the decision of the Bank of Russia. On the basis of the decision indicated in this paragraph, the provisional administration of the credit institution is obliged to carry out actions aimed at bringing the constituent documents of the bank into line with the decision taken. For banks operating in the form of a joint-stock company, the provisional administration of the credit institution also decides on the placement of the shares, prepares and approves the decision on the issue of the shares and the report on the results of the issue of the shares in the company The Bank of Russia complies with the requirements of the Bank of Russia regulations. 5. In the case of the bank's emissive securities allowed in the territory of the Russian Federation, the provisional administration for the management of the credit institution before deciding on the placement of the bank's constituent documents In accordance with the decision, it is sent to the organizers of the trading on the securities market (exchange) the statement on the termination of trading on shares and options of the issuing bank. 6. "If the Bank of Russia decides to reduce the size of the Bank of Russia's authorized capital within three working days from the date of filing by the interim administration of the management of the credit institution with all appropriate documents," the bank said. Article 17, paragraph 1, of the Federal Act of 8 August 2001, No. 129-FZ "On State Registration of Legal Persons and Individual Entrepreneurs" (hereinafter referred to as the Federal Act on the State Registration of Legal Persons and of for individual entrepreneurs "), makes the decision provided for in Part Three Article 10 of the Federal Law on Banks and Banking. The Commissioner of the registering body, within one working day from the date of receipt of the necessary information and documents, shall submit to the Single State Register of Legal Persons information about the reduction of the authorized capital of the bank on the basis of documents, by the provisional administration for the management of a credit institution. 8. When the Bank of Russia decides to reduce the size of the bank's authorized capital, the provisions of the federal laws: 1) requiring creditors to be notified of their right to be required to be notified by the bank of termination or early execution the liability and compensation of related damages; (2) the right of creditors to make claims against the bank for cessation or early fulfilment of obligations and for the payment of related damages; 3) on the liquidation of the bank, if the amount of its own funds (capital) becomes smaller than the minimum size The authorized capital, established by the Federal Law and Bank of Russia Regulations, on the date of the state registration of the bank. 9. If the bank's authorized capital is reduced by decision of the Bank of Russia, the provisions of Article 29 of the Federal Law "On joint-stock companies" and Article 20 of the Federal Law "On limited liability companies" are not applied. 10. If at the time of the decision to reduce the size of the authorized capital of the bank in the form of a joint-stock company, the Bank of Russia makes a decision on the recognition of the issue of failed and cancellations of the bank State registration (except if the state registration of the issue (s) does not provide for state registration of the report on the results of their release (additional issue) and was committed at least one A deal to place the shares of this release (additional release). 11. If the procedure of issuing shares of the bank does not provide for the state registration of the report on the results of their issue (additional issue) and at least one transaction for the placement of the shares of this issue (additional issue), interim administration On the management of a credit institution, regardless of the condition of the issuance of shares, the decision on the completion of the placement and the approval of the notification of the results of the issue of the shares is approved. 12. In the case referred to in paragraph 11 of this article, the interim administration of the credit organization shall within three working days of the decision on the completion of the placement and the approval of the notification of the outcome of the issue (s) " The issue of the shares is obliged to make a decision on making changes to the bank's charter. The Bank of Russia, within one working day from the date of submission by the interim administration of the credit institution's management of all duly processed documents, makes the decision under Part Three of Article 10 of the Federal Law On Banks. and banking activities. " The Commissioner of the registering body, within one working day from the date of receipt of the necessary information and documents, shall submit to the Single State Register of legal entities information about the increase of the authorized capital of the bank on the basis of documents, by the provisional administration for the management of a credit institution. 13. If at the time of the decision to reduce the size of the authorized capital of the bank in the form of a limited liability company is at any stage of increase of the authorized capital, the Bank of Russia will decide to cancel the decision. the bank to increase the size of the authorized capital. 14. If, at the time of the Bank of Russia's recognition of the bank's issue of failed (decision to cancel the decision to increase the size of the authorized capital), the bank received money in payment of shares (shares), such funds for the bank's share in the Bank of Russia. The decree of the interim administration on the management of the credit institution must be returned in accordance with the legislation of the Russian Federation within three working days from the date of the Bank of Russia's decision on cancellation. State registration of the issue (s) of action (decision to be taken) The cancellation of the decision to increase the size of the authorized capital) of the bank. 15. The bank's own shares (shares) at the time of the Bank of Russia's decision to reduce the size of the bank's authorized capital should be repaid. 16. The provisional administration of the credit institution may decide on the placement of additional issue of shares (making additional contribution to the authorized capital) of the bank. If the decision is taken, the bank does not have priority over the acquisition of shares (shares) of the bank. An additional release of the bank's shares may be acquired in whole or in part by the Agency, subject to the conditions provided for in article 189-49 of this Federal Act. The agency has the right to contribute to the bank's charter capital. 17. The participants in the placement of the additional issue of shares (making an additional contribution to the authorized capital) of the bank cannot be shareholders (participants) of the bank owning more than one percent of its shares (shares) within the three months preceding the date of the event. The date of the Bank of Russia's proposal to the Agency on its participation in the prevention of the bank's bankruptcy, and until the date of the decision on the placement of the additional issue of shares (making additional contribution to the authorized capital) of the bank. 18. The share of the Agency's and (or) investor's participation in the bank's authorized capital as a result of its increase should be at least seventy-five percent of the bank's ordinary shares in the form of joint-stock company (shares in the authorized capital of not less than). three quarters of the total votes of the bank's participants in the form of a limited liability company). 19. The bank's acquisition by the Agency or the investor of shares (shares) in accordance with the bank's bankruptcy prevention measures are not subject to the provisions of the federal law governing order: (1) the receipt of the preliminary or the subsequent approval of the Bank of Russia for the acquisition of shares (shares) of the Bank; 2) obtaining consent for the transaction with shares (shares) of the Bank of the Federal Antimonopoly Authority (notification to the Federal Antimonopoly Service) a); 3) acquisition of 30% and more The bank's share of the bank's minimum authorized capital as set by the federal law and Bank of Russia regulations on the date of the state registration of the bank; 5) Compliance with the disclosure of information in the form of reports of material facts; 6) by the authorized federal executive authority to determine the price of the bank's shares; 7) acquisition of shares (shares) of the bank; 8) the approval of a transaction in which there is an interest. 20. The authorized register of legal entities information about the increase of the bank's authorized capital on the basis of documents sent by the interim administration on the management of the credit institution. 21. If, as a result of the implementation of bankruptcy prevention measures provided for in this paragraph, the investor or the Agency became owners of more than ninety-five per cent of the ordinary and (or) preferred shares of the bank granting the right to vote In accordance with article 32, paragraph 5, of the Federal Act "On joint-stock companies", the investor or the Agency is entitled to purchase from the rest of the shareholders of the bank, as well as the holders of the emissive securities convertible into such shares, the specified securities. 22. The provisions of the federal laws referred to in paragraph 19 of this article, as well as the requirements of article 84-8, are not subject to the provisions of the federal laws referred to in paragraph 19 of this article by investors or the Agency who send securities to the bank in accordance with paragraph 21 of this article Federal Law "On joint-stock companies", on the provisional direction of the relevant voluntary or compulsory proposal to the bank, and on the acquisition by not less than 10 per cent of the total amount The ordinary and privileged shares of the bank providing the right to vote. 23. Investors or the Agency may submit a demand to the bank for the purchase of securities of a credit institution in accordance with paragraph 21 of this article at any time during the period of the Agency's participation plan in preventing the bank's bankruptcy. 24. The bank's securities are carried out at a price equal to their market value and must be determined by an independent appraiser not later than six months before the date of the bank's request for the bank's securities. 25. Payment of valuable securities is made only by money. If the aggregate value of the bank's securities is less than one penny, the securities are bought at a price equal to one cent for all securities owned by the person. 26. The peculiarities of the issue and registration of securities of banks in the Agency's implementation of measures for the prevention of bankruptcy are established by the regulatory act of the Bank of Russia. Article 189-51. General provisions for the settlement of the obligation bank 1. The bank's obligations apply to the transfer of the bank's property and liabilities to another bank, which will be the purchaser (hereinafter-the purchaser). 2. The transfer of assets and liabilities of the bank involves the transfer of the bank's property (including property rights), and as a counter-performance, the acquisition of the bank's assets by the bank Translate the debt to the bank's creditors. 3. The transfer of assets and liabilities of the bank is based on the principles of good faith and reasonableness of the actions of the interim administration in the management of the bank, protection of rights and legitimate interests of creditors, including minimization of their losses in implementation They have the right to obtain satisfaction of their legal requirements for the bank, the equivalence of the value of the transferred property, the order of priority and the proportionality of the satisfaction of the creditors ' claims. 4. The bank's obligations are resolved by the Agency after the revocation of the banking supervision license of the Bank of Russia's plan of participation in the settlement of the Bank of Russia. The liabilities of the bank. 5. The Agency's participation plan in the settlement of the bank's obligations, providing for the transfer of assets and liabilities of the bank, should include information on the composition of the assets and liabilities transferred, the value of the transferred property and the amount of the transfer of the obligations, methods of valuation of such property, as well as the form, size and order of possible financing by the Agency of the bank's obligations under the plan. 6. The Agency's plan of participation in the settlement of the Bank's obligations should be sent by the Agency to the Bank of Russia no later than twenty days from the date of the Agency's acceptance of the Bank of Russia's proposal to participate in the settlement of the liabilities of the bank concerned, or with the Bank of Russia. The Bank of Russia decided to participate in the settlement of the bank's obligations, which the Bank of Russia was sent to participate in the implementation of measures to prevent the bank's bankruptcy. 7. The Bank of Russia agrees on a plan of participation of the Agency in the settlement of the Bank's liabilities in accordance with the procedure stipulated for approval of the Agency's participation plan in the implementation of the bank's bankruptcy prevention measures, when making a decision to withdraw from the bank. Banking licences. 8. In case of the Agency's decision to participate in the settlement of the bank's liabilities of the provisional administration of the bank appointed in connection with the revocation of the Bank's license to perform banking operations, the Bank is ordered by the Bank Russia to the Agency. The Agency carries out the functions and powers of the provisional administration of the bank through its designated representatives, who act on the basis of a power of attorney. Article 189-52. Transfer of assets and liabilities of the bank purchased 1. The transfer of assets and liabilities of the bank must be completed not later than fourteen days from the date of approval by the Bank of Russia of the Agency's participation plan in the settlement of the bank's liabilities. 2. All or part of the bank's obligations may be transferred to the inventor. In the case of transfer of part of the bank's obligations, the obligations of the creditors of the subsequent queue are transferred only after the full transfer of the obligations of the creditors of previous queues. The order shall be determined in accordance with article 189-92 of this Federal Law. Cannot transfer part of the bank's liabilities to one queue unless otherwise specified by this article. 3. The property and liabilities of the bank may transfer some of the obligations to the creditors of the first queue in the amount of the insurance payments due to such creditors pursuant to the Federal Act on insurance of deposits of individuals in OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the case of the transfer of the acquisition of the insured liability to the creditors of the first queue, including with respect to uncommitted obligations, due to the occurrence of the insurance case against the bank, No obligations are transferred to the purchaser. 4. The Agency is paid by the funds of the compulsory deposit insurance fund to the creditors of the first queue, who did not receive the full amount of satisfaction of the bank's liquidation, the amount that compensates the difference between the funds received by them and The funds they would have received if the bank's assets and liabilities were not transferred to the purchaser. 5. Property rights and liabilities of the bank may include property rights and obligations arising from leases (subleases) of real estate, electricity, utilities, contracts of law Use of relevant intellectual or individualized means (licensing contracts) and other contracts previously entered into by the bank. 6. The names of persons in the obligations which arise from the contracts referred to in paragraph 5 of this article and in which the bank acts as a debtor entails a transfer to the purchaser of the bank's debt (s) arising from the date of the transfer of the property and the bank's liabilities. The transfer of the bank's debt (liabilities) arising from these contracts and the arising prior to the transfer of the bank's property and liabilities is not allowed. 7. The adequacy of the bank's property transferred to the bank for the settlement of the bank's obligations under Article 189-51 of this Federal Law is determined on the basis of the methodology established by the Bank of Russia and agreed upon with the Bank of Russia. The Agency, in accordance with article 189-47, paragraph 9, of this Federal Act. The size of the bank's liabilities is determined by the provisional administration of the bank on the basis of information available at the bank. 8. The transfer of property and liabilities of the bank do not apply the rule on obtaining consent of the bank's creditors to transfer the debt to another person, the rule of prior notification of the bank's creditors to transfer the bank's debt to the purchaser, the rule on the transfer of the bank's debt to the bank The creditors of the bank are required to terminate or advance their obligations to the bank in connection with such transfer. 9. In the case of transfer of the transferor to the transferred property, the rights of the person who are simultaneously the creditor of the bank shall not be set off against the said rights. The contracts cannot be terminated before two months from the date of the transfer in the case of a transfer of the lessee's rights under lease (subletting) contracts. 10. The Agency has the right to provide financial assistance to the purchaser with: 1) for the bank whose property and obligations are transferred to the purchaser, the obligation to compensate the property returned to them of inadequate quality in the In accordance with article 189, paragraph 1, of this Federal Law; 2) the loan provided for in article 189-55, paragraph 4, of this Federal Act. 11. Subject to the conditions laid down in article 189-56, paragraph 4, of this Federal Act, financial assistance shall be provided from the funds of the compulsory deposit insurance in an amount not exceeding the maximum possible amount. Payments to depositors from the deposit insurance fund in respect of insured bank liabilities to depositors in accordance with the Agency's participation plan in the settlement of the bank's liabilities. 12. In the absence of the conditions laid down in article 189-56, paragraph 4, of this Federal Act, the Agency has the right to provide financial assistance to the purchaser at the expense of the Agency for the purpose of implementing the measures. prevent the bank's bankruptcy or resolve the bank's liabilities. Article 189-53. The inventor of the bank's property and liabilities 1. The property and obligations of the bank can be transferred to one or more purchases. 2. The inventor (acquired) of the property and liabilities of the bank is determined on the basis of a closed competition administered by the Agency, from among the banks licensed to attract funds of individuals to deposits. The order and conditions of the closed competition for the selection of the property and liabilities of banks are established by the Bank of Russia regulatory act in agreement with the Agency. 3. Notice of the closed competition conducted in accordance with this article shall be communicated by the Agency to the persons invited to participate in the competition at least three days before the competition is held. 4. The condition of the bank's admission to participate in the closed tender for the selection of the property and liabilities of the bank is the financial position of the bank sufficient to fulfill its obligations, as well as to fulfill the mandatory requirements. The regulations and mandatory reserves established by the Bank of Russia. 5. Information about banks that have applied for participation in a closed competition is sent to the Bank of Russia. The Bank of Russia may prohibit the participation of a candidate bank in a closed competition in case the candidate bank does not comply with the requirements set out in paragraph 4 of this article. The candidate banks, approved by the Bank of Russia, are provided with information on the composition of the transferred property and liabilities, their value and methods of valuation. 6. The winner of the closed competition for the selection of the property and liabilities of the bank is the person (s) corresponding to the conditions of the closed competition and offer the lowest limit value of the property, which can be returned to the bank in the order of the postback, and on the equality of proposals of the participants of the closed competition on this criterion, the person offering the best conditions for other criteria. 7. In case of recognition of the competition not held on the basis of article 447, paragraph 5, of the Civil Code of the Russian Federation, the bank shall conclude, in accordance with article 189-54 of this Federal Law, the contract of transfer of property and A liability with a single participant in such a tender, the proposal of which, with respect to the limit value of the property which can be returned to the bank in reverse order, shall be no more than twenty per cent. Article 189-54. Contract for the transfer of assets and liabilities bank 1. After the Bank of Russia issued orders to revoke the license for banking operations, to appoint the temporary administration for the management of the bank and the liabilities of the bank and the provisional administration for the management of the bank, acting on behalf of the bank, conclude contracts (contracts) for the transfer of the property and the liabilities of the bank, in which the terms of such transfer are specified. The contract (s) may contain the effect of the transfer to the purchaser of the property of inadequate quality, including subsequent postbacks. 2. Inappropriate property for the purposes of this paragraph refers to the property in respect of which, after the transfer of the assets and liabilities of the bank, the circumstances affecting the quality of the transferred assets have been identified at the time of the conclusion of the contract of transfer, but unknown to the parties to the contract of transmission. 3. The contract for the transfer of assets and liabilities of the bank is entered into in writing and is not subject to state registration. The transfer of immovable property is effected by means of separate agreements concluded in accordance with the contract for the transfer of the property. State registration of the transfer of rights to immovable property is carried out in accordance with the relevant agreements, as well as in accordance with the legislation of the Russian Federation on the State registration of real property rights. 4. The property and liabilities of the bank are considered transferred from the date of signing of the transfer act by both parties. Real property is deemed to be transferred from the day of the appropriate registration of the transfer of property rights in accordance with the law of the Russian Federation on the State registration of rights to immovable property. From this day on, the purchaser will be at risk of accidental death or accidental damage to his or her property. 5. After the transfer of assets and liabilities of the bank, the latter is obliged to fulfill the obligations and/or the obligation to pay the obligatory payments under the conditions that existed on the day of revocation of the bank's license Banking. At the same time, in the period from the day of withdrawal of the bank's license to carry out banking operations until the day of transfer of its obligations to the bank, the sanctions for failure to perform such obligations under the contract or the law are not applied. 6. At the same time as the signing of the transmission provided for in paragraph 4 of this article, the provisional administration of the bank shall send for publication in a printed publication, as determined in accordance with the procedure established by paragraph 1 of article 189-74 of this Federal Act, information on the transfer of the bank's obligations. The information provided should contain: 1) the name of the bank transferring the property (s) and obligations or part thereof, its address and identifying information bank (public record number of the State registration of a legal entity, identification number of the taxpayer); 2) the name of the bank-the purchaser, to which the property (s) and the bank's liabilities or part, its address and identifying information bank are transferred to the bank State registration number of the State the registration of a legal entity, the taxpayer identification number); 3) the criteria for the attribution of obligations to the number of transferors; 4) the procedure for the creditor to obtain information on the allocation of the bank's liabilities to be transferred to the purchaser. 7. From the day of publication of the particulars referred to in paragraph 6 of this article, the provisional administration of the bank, the insolvency representative or the liquidator (in the case of a decision by the arbitral tribunal to declare the bank bankrupt and open the competition The bank is obliged to provide information about the composition of the bank's assets and liabilities, and the value of the property transfer. Article 189-55. Transfer back to property 1. The agreement on the transfer of assets and liabilities of the bank as a consequence of the possible transfer of the property of an inappropriately quality property may be followed by a subsequent return by the bank of such property, with compensation of its cost to the purchaser. (hereinafter referred to as the postback). The Inverse can be effected no later than one year after the signing of the relevant treaty on the transfer of assets and liabilities of the bank. Such a treaty should define a limit value for the value of the property that can be returned in reverse order. 2. The Agency is entitled to execute its obligation to compensate the purchaser for the value of the property returned in reverse order. 3. The Agency, which fulfilled the bank's obligation of the latter to compensate the value of the return property in return transfer order, passes the right to the bank within the amount paid to the purchaser. In the course of the insolvency (liquidation) of the bank, the said requirement is satisfied in the composition of the first queue of creditors. 4. The Agency is entitled to provide a loan for a term not exceeding five years. At the same time, the amount of the balance of the debt acquired by the borrower, the amount of compensation of the value of the goods returned in return for transfer, which may be paid by the Agency to the purchaser, together cannot exceed the amount of all transferred a bank's obligations, and the amount of such compensation may not exceed the amount of the loan. Upon agreement of the Agency and the purchaser, the Agency's liability for the acquisition of the return value of the property, which is returned in the order of the return, shall cease the setoff of the counterclaims of the Agency (their part) to the purchaser at the same time. The loan contract. Article 189-56. Financing for bankruptcy prevention and settlement bank obligations 1. In the cases and in the manner provided for by this Federal Act, measures to prevent the bank's bankruptcy and the settlement of the bank's obligations under this Federal Law are carried out at the expense of the funds of investors, The Agency, the Bank of Russia, as well as can be implemented at the expense of the federal budget provided as a property contribution of the Russian Federation to the Agency's property. 2. In order to carry out the functions of participation in the prevention of bankruptcy of banks and the settlement of liabilities of the bank, the Agency opens a correspondent account in the Bank of Russia. 3. In order to implement measures to prevent the bank's bankruptcy, the Agency is entitled to apply to the Bank of Russia for a loan. The Board of Directors of the Bank of Russia is making a decision on granting the Agency a loan for the implementation of measures to prevent the bank's bankruptcy. The Bank of Russia's loan may be granted to the Agency without security for up to five years. "The Bank of Russia may decide to extend the period of the loan agreement under which the Agency is provided with a non-security loan for up to five years," the bank said in a statement. 4. The Agency is entitled to finance the activities to prevent the bank's bankruptcy or settle its liabilities from the funds of the compulsory deposit insurance. The limit for the funds required for the implementation of this funding shall be approved in accordance with the procedure established by the Board of Directors of the Agency. Provided that other things are not provided for by this Federal Law, the financing of activities for the prevention of bankruptcy of a bank or the settlement of its liabilities with the funds of the compulsory deposit insurance can only be carried out if the following conditions are met: 1) if the funding of these activities will result in a reduction in the cost of the mandatory deposit insurance fund in the event of the bank's liquidation; 2) if the implementation Funding for these activities will not affect the sustainability of the fund Mandatory deposit insurance. 5. Method of calculating the Agency's funds, including the funds of the compulsory deposit insurance fund, which can be used to prevent the bank's bankruptcy, to settle its liabilities or bankruptcy (liquidation) of such a bank, for the purposes of The Agency's decision to participate in the prevention of the bank's bankruptcy or in the settlement of its liabilities is approved by the Board of Directors of the Agency. 6. Allocation of funds from the federal budget to the implementation of measures to prevent the bank's bankruptcy or to settle its obligations with the Agency's participation is effected by making a property contribution of the Russian Federation to the property The Agency, which is not a compulsory deposit insurance fund, is used to generate the cost of the activities provided for in federal laws. The procedure for making such a contribution is determined by the federal law on the federal budget for the corresponding fiscal year and the planning period. 7. Refund of funds provided by the Agency for the purpose of preventing the bank's bankruptcy, persons referred to in article 189 to 49 of this Federal Act or acquiring property for the purposes of settlement of obligations, as well as the execution of other assets The obligations to the Agency shall be made within the time limits established by the relevant treaties, including those exceeding the implementation plan of the Agency's participation in the implementation of measures to prevent the bank's bankruptcy or the Agency's plan of participation in the in the regulation of the bank's obligations. 8. In order to implement measures to prevent bank bankruptcies and to settle their liabilities, the Agency is entitled to place funds in deposits of the Bank of Russia, which are financed under this Federal Law. activities. 9. Measures for the maintenance and disposal of property acquired in the implementation of bank insolvency measures are financed by the Agency in accordance with the procedure established by the Board of Directors of the Agency, with funds from the federal budget provided in The quality of the property contribution of the Russian Federation to the Agency's property in accordance with this Federal Law, as well as the funds of the compulsory deposit insurance under the conditions set out in paragraph 4 of this article. Article 189-57. The procedure for the Agency's implementation of shares (shares in charter capital) purchased during bankruptcies 1. In the event that the Agency has acquired shares or contributed to the authorized capital of the bank, it is obliged, upon receiving the offer of the person interested in the purchase of the shares purchased by the Agency (shares), to submit them for sale through public bidding. 2. The Agency and investors are entitled to stipulate in the agreement between them (the agreement) the obligation of the investor (investors) to acquire in the future all shares owned by the Agency (share) of the relevant bank (hereinafter-the obligation to acquire). The price of the sale of the listed shares (shares) shall not be less than the price specified in paragraph 8 of this article. 3. If, within the time limit fixed by the acquisition obligation, the Agency has not received the proposal referred to in paragraph 1 of this article, the Board of the Agency shall decide on the conduct of public tenders in accordance with this article. At the same time, the price of the realization of the shares (shares) of the relevant bank may not be less than the price specified in the relevant acquisition obligation. 4. In the case provided for in paragraph 3 of this article, the investor (investors) who has assumed an obligation to acquire is under an obligation to participate in public bidding in the manner prescribed by the Agency for such tenders. 5. If there is a proposal under paragraph 1 of this article, on the day of the expiry of the period fixed by the obligation of acquisition, it may be accepted by the Agency in the event of the recognition of the public tenders cancelled, except The case referred to in paragraph 6 of this article or the recognition of the outcome of public tenders shall be null and void. 6. In the case of the recognition of tenders, not held on the basis of article 447, paragraph 5, of the Civil Code of the Russian Federation, the Agency enters into a contract for the sale of shares (or part thereof) of the bank (or part thereof) with the sole bidder. 7. The inventors of shares (shares) of the bank cannot be shareholders (participants) of the bank owning more than one percent of its shares in the three months preceding the date of the Bank of Russia's proposal to participate in the Bank of Russia. Implementing measures to prevent the bank's bankruptcy. 8. The share price (shares) of the Bank, as implemented by the Agency under this article, shall not be less than the greater of two: 1) the value of the share of the bank's net assets (non-encumbered assets) at the last reporting date before the Agency's decision to hold a public tender proportional to the share of the Agency's participation in the bank's authorized capital; 2) the amount of funds sent by the Agency for the payment of shares (shares) of the bank. Article 189-58. The procedure for dealing with the bankruptcy of the credit institution The bankruptcy of the credit institution is considered by the arbitral tribunal according to the rules established by the Code of Arbitration of the Russian Federation; and A true federal law. Article 189-59. The persons involved in the bankruptcy case of Credit Organization 1. The persons involved in the bankruptcy case of the credit institution, together with the other persons referred to in article 34, paragraph 1, of this Federal Act, are recognized as: 1) the insolvency representative; 2) the Bank of Russia as a body Banking regulation and banking supervision; 3) other natural or legal persons involved in bankruptcy proceedings when considering the matters referred to in paragraphs 2 and 3 of article 189-67 of this Federal of the law. 2. Persons not referred to in paragraph 1 of this article may not have the rights of persons participating in the bankruptcy case. Article 189-60. Persons involved in the bankruptcy proceedings In the bankruptcy arbitration process: 1) a representative of the credit institution's employees; 2) representative of the founders (participants) of the credit institution; 3) a representative of a meeting of creditors or a representative of the creditor committee of the credit institution; 4) other persons in cases provided for by the Code of Procedure of the Russian Federation The Federation and the present Federal Law. Article 189-61. Contacting the arbitral tribunal 1. The right to petition the arbitral tribunal to declare credit institution bankrupt: 1) Credit Organization; 2) Competitive Creditors, including Persons entitled to Credit Requirements The Bank of Russia, if it is not a creditor of the credit institution, is organized under a banking deposit agreement and/or a bank account agreement; (3) authorized bodies; 4). 2. The right of recourse to an arbitral tribunal with a declaration of acceptance of a credit institution by a bankrupt arises from a creditor or an authorized monetary authority when the credit institution has revoked the licence to exercise Banking transactions, if the requirements for monetary obligations are confirmed by a decision or other act of the court, the arbitral tribunal, the determination of the execution of the decision of the arbitral tribunal Irrespective of the direction (submission to execution) of the executive document in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The right of recourse to an arbitral tribunal with a declaration of acceptance of a credit institution by the bankrupt authority arises from the authorized body, upon the withdrawal of the banking licence from the credit institution, if the request The payment of the mandatory payments is confirmed by the decision of the tax authority or by the decision of the customs authority to recover the debt from the property of the credit institution regardless of the expiry of the period stipulated in Article 7 of this Federal Law of the law. 4. If the credit institution revoked the banking license for banking transactions, the Bank of Russia must be able to declare bankruptcy under Article 189-8 of this Federal Law, the Bank of Russia within five days from the date of the revocation. The publication of the decision to revoke the license from the credit institution to carry out banking operations in the Bank of Russia's Bulletin is obliged to apply to the arbitration court with a statement on the recognition of the credit institution bankrupt. 5. In case of identification by the interim administration of the credit institution appointed by the Bank of Russia after the credit institution's license to carry out banking operations, signs of insolvency (bankruptcy) of the credit institution. The Bank of Russia is sending a request to the arbitration court to declare the loan organization bankrupt within five days from the date of receipt of the application of the provisional administration of the credit institution. 6. When the Bank of Russia appeals to the arbitration court with a statement on the recognition of the credit institution bankrupt, the evidence submitted by the Bank of Russia is bankrupt (bankruptcy) provided by this Federal Republic. by law. The provisions of article 6, paragraph 3, and article 7, paragraph 2, of this Federal Act are not applicable. 7. The persons referred to in subparagraphs 1 to 3 of paragraph 1 of this article have the right to apply to the Bank of Russia for revocation of a licence to carry out banking operations under the conditions specified in article 189-8 of the present article. Federal Act, with the application of documents confirming the existence of monetary liabilities and (or) arrears of compulsory payments in the amount determined on the date of filing of the said declaration in accordance with the requirements of article 4, paragraph 2, of this Federal Act. 8. When the Bank of Russia considers the application of the insolvency representative or the application of the authorized body to withdraw the banking license from the credit institution, the requirements for monetary obligations are taken into account, The decision or other act of the court, the arbitral tribunal, the determination of the execution of the decision of the arbitral tribunal, confirmed by a judgement or other act which has entered into force. 9. When the Bank of Russia is considering the application of the authorized body to withdraw the banking license from the credit institution, the requirements for payment of mandatory payments are taken into account if they are confirmed by a tax decision. authority or decision of the Customs authorities to recover the debt from the property of the credit institution. 10. The right to be referred to the Bank of Russia arises from the insolvency representative or the authorized body on monetary liabilities after fourteen days from the date of the submission (presentation to execution) of the executive document in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 11. The right of appeal to the Bank of Russia arises from the authorized body for compulsory payments after fourteen days from the date of the decision referred to in paragraph 9 of this article. 12. Persons referred to in subparagraphs 1 to 3 of paragraph 1 of this article and sent to the Bank of Russia to withdraw from the credit institution the license for the conduct of banking transactions, in case of failure to obtain a reply from the Bank of Russia after two months from the day The application of such a statement, or from the day of receipt of withdrawal from the credit institution of the said license, has the right to apply to the arbitration court with a statement on the recognition of the credit institution bankrupt. Article 189-62. Claims of credit institution recognition bankrupt 1. The application of the credit institution to declare it bankrupt shall comply with the requirements set out in this Federal Law for the application of the debtor, taking into account the circumstances set out in this paragraph. 2. The application of the insolvency representative or the authorized body for the recognition of the credit institution by bankrupt shall satisfy the requirements laid down in articles 39 and 41 of this Federal Law for the application of the insolvency representative, respectively, the authorized body, taking into account the circumstances set out in this paragraph. 3. A copy of the credit institution's declaration of recognition of its bankrupt and copies of the annexed documents are forwarded by the applicant to the Bank of Russia, and in the case provided for by article 189-77, paragraph 1, of this Federal Act, also to the Agency A letter with a notice of delivery or delivery to the addressee directly at its location. 4. The announcement of the adoption by the arbitral tribunal of the application of the credit institution to declare it bankrupt is to be published by the credit institution in a periodical publication at the location of the credit institution and its branches. 5. A copy of the application of the insolvency representative, a copy of the statement of the authorized body on the recognition of the credit institution bankrupt and copies of the documents attached to such statements are sent to the Bank of Russia, the credit institution and, in the case of article 189-77, paragraph 1, of this Federal Act, also to the Agency by registered letter of delivery or by delivery to the addressee directly at its place of residence. 6. In a statement by the Bank of Russia, the arbitration court must specify: 1) its name and location; 2) the name of the arbitral tribunal to which the application is filed; (3) the name of the credit institution and its location; 4) the number and the date of the Bank of Russia's order to withdraw the license from the credit institution for banking operations; 5) the circumstances indicating The existence of signs of insolvency (bankruptcy) by the credit institution, established by this Federal Law, as well as evidence supporting these circumstances; 6) a list of attached documents. 7. In a statement issued by the Bank of Russia on the recognition of the bankrupt credit institution, other particulars may be specified, if they are necessary for the correct and timely consideration of bankruptcy proceedings, and include petitions, including a motion for The discovery of evidence. 8. The Bank of Russia is obliged to send to the credit institution, and in the case provided for in article 189-77, paragraph 1, of this Federal Law, a copy of the application for recognition of the credit institution bankrupt and copies of the annexed documents. by registered letter of delivery. Article 189-63. Documents attached to the Statement of Recognition of Bankrupt Credit Organization 1. To the application of the credit institution, the insolvency representative or the authorized body for the recognition of credit institution bankrupt, along with the documents provided for in the Code of Arbitration Procedure of the Russian Federation and this Federal Act. The law provides: (1) notification of the service to the Bank of Russia (where necessary for the Agency) a copy of the declaration of recognition of credit organization bankrupt and copies of annexed documents; (2) notification of service to the Bank Russia in accordance with the procedure established in paragraphs 7 to 11 of Article 189-61 of the Federal law, applications for revoking the license to carry out banking operations in the event of signs of insolvency (bankruptcy) and annexed documents from the credit institution. 2. 3, except as provided for in Article 189-61 of this Federal Law, to the application of the credit institution to declare it bankrupt, to the application of the insolvency representative, the authorized body for the recognition of the bankrupt credit institution In addition to the documents provided for in paragraph 1 of this article, a copy of the Bank of Russia's order revoking the license for banking transactions published in "The Bank of Russia's Bulletin" or a copy of the Order, certified by the Bank of Russia. 3. A copy of the Bank of Russia's order revoking a license for banking operations; 2) a copy of the constituent documents is attached to the Bank of Russia's statement on the recognition of the credit institution bankrupt. credit organization; 3) copies of the credit institution's financial and accounting records to be presented to the Bank of Russia at the last reporting date; 4) copies of licenses issued to the credit institution for implementation Bank Transactions; 5) Statement of Correspondence Bank of the Russian Federation account; 6) statement on the account of a mandatory reservation of a credit institution in the Bank of Russia; (7) documents confirming the existence of a credit institution (bankruptcy), including payment documents of the clients of the credit institution, not performed by it in due course (if such payment documents are available); 8) to record payment documents of the clients of the credit institution that were not executed e in due course; 9) correspondent help of the accounts opened by the credit institution; 10) notification of service to the persons referred to in article 189, paragraph 8, of this Federal Act, copies of the declaration of recognition of the credit institution bankrupt and copies of the documents annexed thereto; 11) a power of attorney or other documents confirming the authority to sign a declaration of bankruptcy. Article 189-64. Acceptance of a declaration of credit for bankrupt and exciter bankruptcy proceedings 1. A statement on the recognition of the credit institution by bankrupt can be accepted by the arbitral tribunal, and the bankruptcy proceedings may be initiated only after the credit institution has withdrawn the banking licences on the basis of Statements made by persons referred to in article 189-61, paragraph 1, of this Federal Act, if the sum of the requirements of the credit institution in aggregate is not less than a thousand times the minimum wage established by the federal authorities The law, and if these requirements are not fulfilled within fourteen days of the day the date of their performance, or if, after the credit institution has revoked the banking licence, the value of its assets (assets) is insufficient to meet the obligations of the credit institution to its creditors and payment Mandatory payments. The value of the assets and liabilities of the credit institution is to be determined on the basis of the methods established by Bank of Russia regulations. 2. The arbitral tribunal shall issue a declaration on the admission of a credit institution to the bankruptcy court. 3. In the decision of the arbitral tribunal to accept the application for recognition of the credit institution, the bankrupt is given the day of the bankruptcy proceedings, and may also include instructions to the Commercial Court of the Bank of Russia to send an opinion on the matter. The existence of grounds for the credit institution to be declared bankrupt, to commit the persons involved in the bankruptcy case, other actions aimed at ensuring the correct and timely processing of the bankruptcy case, and the timing of these of actions. 4. Copies of the determination of the arbitral tribunal to accept the application for recognition of the credit institution by the bankrupt court no later than the following day shall be sent to the applicant, the credit institution, the Bank of Russia, and in the case provided for in paragraph 1 Articles 189 to 77 of this Federal Act, also to the Agency. 5. In the case of bankruptcy proceedings instituted by the persons referred to in article 189-61, paragraph 1, subparagraphs 1-3, of this Federal Act, if the Bank of Russia order revoking the banking licence from the credit institution The operation was issued on grounds not related to the credit institution's lack of insolvency (bankruptcy), the Bank of Russia within ten days from the date of receipt of a copy of the arbitral tribunal's definition of acceptance of the application for recognition bankrupt and institution of bankruptcy proceedings shall submit to the arbitral tribunal an opinion on the existence or absence of grounds for the credit institution to be declared bankrupt. Article 189-65. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b The arbitral tribunal shall, in the case of the determination of the application for recognition of the credit institution to be declared bankrupt, that it is submitted under the circumstances referred to in article 189-61, paragraph 6, of this Federal Act. Determination of the abandonment of the said statement without movement. 2. The Bank of Russia is obliged by the Bank of Russia to submit a conclusion to the Bank of Russia that it is not expediency to revoke the license from the credit institution. Bank operations or a copy of the Bank of Russia's order to revoke the said license. The Bank of Russia is obliged to send the documents to the arbitration court within one month from the date of receipt of the determination of the arbitration court to leave the said statement without movement. 3. Copies of the definition of the statement of recognition of the credit institution bankrupt without motion shall be sent to the applicant, the credit institution, the Bank of Russia and, in the case provided for in paragraph 1, to the applicant, the credit institution and the Bank of Russia, no later than the following day. Articles 189 to 77 of this Federal Act, also to the Agency. 4. In case of the Bank of Russia's submission to the arbitration court, a copy of the Bank of Russia's order revoking the license for banking operations to declare a credit institution bankrupt is considered bankrupt. of the initial admission to the arbitral tribunal and shall be receivable by the arbitral tribunal in the manner provided for in article 189-64 of this Federal Law. Article 189-66. Return the application for recognition of the credit bankrupt organization 1. In addition to the grounds for the return of the claim under the Code of Arbitration of the Russian Federation, the grounds for the return of the application for recognition of the credit institution by the arbitral tribunal are: (1) failure to match the insolvency (bankruptcy) of the credit institution specified in such application, the requirements of article 189-64, paragraph 1, of this Federal Law; 2) the breach by the applicant of the circumstances referred to in article 189, paragraph 6, of the Federal Act, application for revocation of license for banking operations under Article 189-1-1 of Article 189-61 of this Federal Law; 3) Application for recognition The credit institution is bankrupt, in respect of which the arbitral tribunal has initiated a bankruptcy case; 4) the existence of a court ruling that entered into force on the annulment of the order of the Bank of Russia to withdraw from the credit institution. Banking License Organizations; 5) Violations of the requirements set out in articles 189 to 62 and 189 to 63 of this Federal Act. 2. In obtaining the Bank of Russia's opinion that it is not appropriate for the credit institution to revoke the banking license, a declaration of recognition of her bankrupt is returned to the applicant. 3. If the Bank of Russia's opinion referred to in paragraph 2 of this article is not received within one month, the arbitral tribunal shall return to the applicant his application for the credit institution's bankruptcy. In this case, the person who sent a request to the Bank of Russia to withdraw the license for banking transactions to the Bank of Russia has the right to demand in the arbitration court compensation by the Bank of Russia for damages caused by the Bank of Russia's rejection of the decision. The Bank of Russia revoked the decisions of the Bank of Russia on the implementation of measures to prevent the bank's bankruptcy. 4. The arbitral tribunal shall render a determination on the return of the declaration of recognition of the credit institution by bankrupt. This definition is sent to the applicant, the credit institution, the Bank of Russia, and in the case provided for in article 189-77, paragraph 1, of this Federal Act, also to the Agency. 5. The determination of the arbitral tribunal to return the application for the recognition of the credit institution bankrupt is subject to appeal. If the specified definition is canceled, the application shall be deemed to have been filed on the date of such cancellation. Article 189-67. Features of the bankruptcy court proceedings bankruptcy 1. When dealing with the bankruptcy of the credit institution, questions of: 1) the recognition of credit institution bankrupt; 2) prosecution in cases provided for by this Federal Law, persons, that control the credit institution; (3) the annulment of transactions and (or) the application of the consequences of the invalidity of the transactions made by the credit institution. 2. After considering the matter referred to in paragraph 1 (1) of this article, the court shall decide whether the matters referred to in paragraphs 2 and 3 of paragraph 1 of this article shall be determined. 3. Applications for the settlement of questions under subparagraphs (2) and (3) of paragraph 1 of this article shall be paid by the State duty in the amount provided for in the laws of the Russian Federation on taxes and charges for payment of requests for extradition of the executive sheet for the enforcement of the decisions of the arbitral tribunal. 4. Bankruptcy cases with regard to the settlement of the matter referred to in paragraph 1 (1) of this article shall be considered by the arbitral tribunal within a period not exceeding two months from the date on which the application for recognition of the credit institution is accepted by the arbitral tribunal Bankrupt, including the time period for preparing the case for trial and taking a decision on the matter. 5. In resolving the matter referred to in paragraph 1 (1) of this article, the preliminary hearing provided for in the Code of Arbitration of the Russian Federation shall not be held. Examination of the validity of the claim of the person applying for the credit institution's bankruptcy is held at the same meeting of the arbitral tribunal, as well as consideration of the issue of the recognition of the credit institution bankrupt. 6. The decision to declare a bankrupt credit institution must include an indication of: (1) the commencement of the insolvency proceedings; 2) the admission of the applicant's claim to be justified and the inclusion of this requirement in the register of claims creditors; 3) the approval of the insolvency representative; 4) the amount of the monthly remuneration paid to the insolvency representative from the day of commencement of the competitive process to the day of determination of the size remuneration of a competitive meeting of creditors or a committee creditors. The decision to declare a credit institution bankrupt does not specify the remuneration of the insolvency representative if the authority of the insolvency representative is the authority of the Agency. 7. The decision to declare the credit institution bankrupt in the case provided for in article 189-77, paragraph 1, of this Federal Act states that the insolvency administrator is the Agency. 8. The disapproval of the Bank of Russia's order to revoke the banking license from the credit institution does not preclude the issuance of a declaration by the arbitral tribunal that the credit institution is bankrupt and is not a cause for the suspension of proceedings in the case of her bankruptcy. 9. Decision of the Commercial Court to revoke the Bank of Russia's order to revoke the credit institution's license to conduct banking transactions, which entered into force after the arbitration court adopted the application for recognition of credit The organization is bankrupt, and it does not interfere with the merits of the bankruptcy case. 10. " The decision of the arbitration court to revoke the Bank of Russia's order to revoke the license for banking transactions that entered into force after the commencement of the insolvency proceedings is not a basis for the decision of the Bank of Russia. The annulment of the decision to declare the credit institution bankrupt and to reconsider the decision on newly discovered circumstances. 11. The arbitral tribunal, which decided to declare the credit institution bankrupt, forwards this decision to the Bank of Russia, as well as to the authorized registering body for the inclusion in a single state register of legal persons of the record that The credit institution is in the process of liquidation. Article 189-68. The order in which you approve the control 1 . The approval of the insolvency representative in bankruptcy of a credit institution that did not have a license of the Bank of Russia to attract funds of individuals to deposits is carried out in accordance with the procedure established by article 45 of this Federal Law, c in the light of the characteristics set out in this paragraph. 2. In case the credit institution had a license of the Bank of Russia to attract funds of individuals to deposits, the insolvency administrator is the Agency. 3. In the absence of a submission to the arbitral tribunal in accordance with the procedure established by this Federal Law, the Bank of Russia shall submit to the arbitral tribunal the candidate of the Agency. In the event of the release or removal of the insolvency representative from the insolvency representative, the insolvency representative shall be the insolvency representative of the Agency. In the cases provided for in this paragraph, the arbitral tribunal shall render a judicial act on the approval of the Agency by a insolvency representative. 4. The insolvency representative shall commence his or her functions from the date of the arbitral tribunal's decision to declare the credit institution bankrupt and to open a competitive process (the approval of the insolvency representative) and shall be in effect until the day The entry into a single state register of legal entities of the liquidation of the credit institution. Article 189-69. The decision of the arbitral tribunal to refuse recognition of the bankrupt credit institution 1. The decision of the arbitral tribunal to refuse the recognition of the credit institution bankrupt is taken in the case of: 1) the lack of insolvency (bankruptcy) provided for in article 189-8 of this Federal Law; 2) the establishment of a fictitious bankruptcy, if the application for recognition of the credit institution is bankrupt by the debtor's credit institution. 2. In the event that the arbitral tribunal is established that there are no signs of insolvency (bankruptcy) or that a fictitious bankruptcy has been established, the credit institution is subject to compulsory liquidation in accordance with the Federal Act on Banks and Banking activities. Article 189-70. Grounds for termination of the case bankruptcy 1. The arbitral tribunal shall terminate the bankruptcy proceedings in the case of: (1) the recognition in the course of the proceedings of the applicant's claims, which served as the basis for bankruptcy proceedings, unreasonable; 2) The satisfaction of all claims of creditors included in the register of creditors, in the manner provided for in article 189-93 of this Federal Law; (3) of the completion of the insolvency proceedings. 2. In the cases referred to in paragraph 1 of this article, all restrictions provided for in this Federal Act shall be terminated and shall be the consequences of the commencement of the insolvency proceedings. The termination of bankruptcy proceedings does not result in the termination of the effect of revoking the banking licence from the Federal Act on Banks and Banking. 3. Unless otherwise provided in this paragraph, the termination by the arbitral tribunal of the insolvency proceeding is the basis for the Bank of Russia's application for the compulsory liquidation of the credit institution in accordance with the procedure established by the Central Bank of Russia. Federal Law "On Banks and Banking Activities". Article 189-71. Appeals against decisions and definitions of the arbitral tribunal 1. The decisions and decisions of the arbitral tribunal made during the bankruptcy proceedings may be appealed to the arbitral tribunal in the manner provided for by this Federal Law. 2. In the determination of the arbitral tribunal's ruling in higher courts, the arbitral tribunal shall refer only those files of bankruptcy that are directly related to the dispute to a higher tribunal. A credit institution with a creditor or an authorized body to establish the validity, size, composition and priority of claims. Article 189-72. The direction of the arbitral tribunal in the bankruptcy case 1. If not otherwise established by this Federal Act, bankruptcy courts are referred by the arbitral tribunal to the credit institution, the insolvency representative, to the Bank of Russia authorized under this Federal Act. The authorities, the person who applied to the arbitral tribunal to declare the credit institution to be bankrupt, as well as to the persons who participated in the arbitration process. 2. Definitions that are resolved between insolvency representatives and creditors or claims by creditors for violation of their rights and legitimate interests are forwarded by the arbitral tribunal to the credit institution, the insolvency representative, and to the persons concerned, the applicant to the arbitral tribunal applying for the resolution of the dispute or of the parties participating in the arbitral tribunal's examination of the complaints or claims. 3. Unless otherwise established by this Federal Act, copies of the judicial acts shall be forwarded by the arbitral tribunal to persons referred to in this article within five days of their adoption. 4. Persons participating in bankruptcy proceedings, as well as those involved in the bankruptcy arbitration, are entitled to require the insolvency representative to acquaint them with any bankruptcy court acts or to provide them with copies of such bankruptcy proceedings. by such persons. Article 189-73. General provisions on insolvency proceedings 1. The decision by the arbitral tribunal to declare a credit institution bankrupt entails the commencement of the insolvency proceedings. 2. Competicuration is introduced for a period of one year. The period of insolvency proceedings may be extended at the request of the person involved in the bankruptcy case for a maximum of six months. 3. The determination of the arbitral tribunal to extend the period of the insolvency proceeding is subject to immediate execution and may be appealed in accordance with the procedure set out in article 61, paragraph 3, of this Federal Act. Article 189-74. To publish information about the recognition of the credit of bankrupt and about the implementation of prepayments to creditors of the first queue 1. A competitive manager within five working days from the day of submission to the Bank of Russia of documents confirming his right to conduct transactions on the correspondent account of a credit institution recognized bankrupt (or in case of implementation) " The authority of the insolvency representative of the Agency-from the day of the opening of the main account of the credit institution in the course of the insolvency proceedings), includes in the Unified Federal Register of Bankruptcy Information and sends for publication in an official publication, by the Government of the Russian Federation, the Bulletin of the Bank of Russia The decision of the arbitral tribunal on the recognition of the credit institution bankrupt and the commencement of insolvency proceedings. 2. The following information about the credit institution's recognition of bankrupt and the commencement of the insolvency proceedings: 1) the name and other details of the credit institution declared bankrupt; 2) the arbitration court in which the bankruptcy case is located and the number of the case; 3) the date of the decision by the arbitral tribunal to declare the credit organization bankrupt and to open a competitive process; 4) the closure of the register of creditor claims as determined in accordance with paragraph 2 Articles 189 to 85 of this Federal Law; 5) the date of expiration of the period for establishing the requirements of creditors of the first stage for the purposes of the provisional payments determined in accordance with article 189-94, paragraph 3, of this Federal Law; 6) the address of the credit institution for creditors to make their claims to the credit institution; 7) the details of the insolvency representative, including the name and address of the insolvency representative, to be sent to it correspondence. 3. Reimbursement of expenses related to the inclusion in the United Federal Register of Bankruptcy and Publication of the Credit Organization's recognition of the bankrupt and the commencement of insolvency proceedings is under way the property account of the credit institution. 4. In the absence of assets sufficient to recover the costs of including bankruptcy details in the Unified Federal Register of Bankruptcy and Publishing, the inclusion in the Register and publication of these The information is provided by a person who has filed an application for bankruptcy proceedings against the credit institution. When the Bank of Russia appeals to the arbitral tribunal to declare the credit institution bankrupt, in the event that the credit institution does not have sufficient property to recover the costs of publication of the information provided for in paragraph 2 of this article, their publication is carried out in the "Bank of Russia Bulletin" and they are included in the Single Federal Register of Bankruptcy Bankruptcy without charging. Article 189-75. Disclosure of the progress of the competition production 1. In order to ensure creditors have equal access to information on the progress of the insolvency proceeding, the insolvency representative, in accordance with the procedure established by this article, shall include relevant information in the Single Federal Register of Bankruptcy Details. 2. Not later than thirty days from the date of recognition of the credit organization bankrupt, the insolvency representative includes in the Unified Federal Register of Bankruptcy Information: 1) details of the financial status of the credit institution and its property for the day opening a competitive process; 2) balance of credit organization at the last reporting date with profit and loss account; 3) the availability of free cash that can be addressed claims of creditors, including advance payments creditors of the first stage. 3. The insolvency representative shall include in the Single Federal Register of Bankruptcy Details of the estimated current expenditures of the credit institution provided for in article 189-84 of this Federal Act, no later than three days after the date of its approval. 4. Not later than five working days before the start of the calculation with the creditors of each queue, including the preliminary payment with the first-of-turn creditors, the insolvency representative shall include in the Single Federal Register of Bankruptcy Details About the order and timing of payments with creditors. 5. At the same time as the first stage of the calculations with creditors, the insolvency representative shall include in the Single Federal Register of Bankruptcy Details of the progress report or the results of an inventory of the assets of the credit institution with the objects The cost of more than one million rubles, as well as details about the structure and amount of the claims against creditors. 6. After the start of the calculation with the creditors of the first stage, the insolvency representative at least once every three months includes the current information on the insolvency proceedings in the Unified Federal Register of Bankruptcy. The information should include: 1) on the newly discovered assets of the credit institution; 2) on the insolvency representative's work to identify the transactions of the credit institution Invalidation of transactions in accordance with this Federal Law and the involvement of founders (participants), members of the board of directors (supervisory board), directors of the credit institution to subsidiary liability liability by a credit institution in accordance with this Federal Law; 3) on the sale of assets of the credit institution with the release of information about the sale of objects with an inventory value of more than one million rubles, an indication of the sale price of property and its customers. 7. At least once every six months, the insolvency representative shall include in the Single Federal Register of Bankruptcy Details: 1), on the execution of the current expenses of the credit institution provided for in Article 189-84 of the present Federal Law; 2) on the value of unrealized assets of a credit institution. 8. The information referred to in paragraphs 2 to 7 of this article, together with their inclusion in the Single Federal Register of Bankruptcy Information or the deadlines set for their inclusion, shall be forwarded by the insolvency representative to the Bank of Russia. Article 189-76. Consequences of opening a insolvency production 1. The effect of revoking a licence from the credit institution for bank implementation continues to be effective from the date of the award by the arbitral tribunal for the bankruptcy of the bankrupt and the commencement of the insolvency proceedings: 1) Transactions under article 20 of the Federal Act on Banks and Banking, including in the event of the entry into force of a decision by the arbitral tribunal to declare invalid the order of the Bank Russia revoking this license from the credit institution; 2) The financial state of the credit institution is not classified as confidential or classified; 3) transactions, execution of judicial acts, acts of other authorities, officials who have been issued in In accordance with civil law, criminal legislation, procedural legislation, Russian legislation on taxes and fees, the property of the credit institution is alienation or entails transfer of the property of the credit institution ownership and use of property strictly in accordance with articles 189-73-189-101 of this Federal Law; 4) all creditors ' claims on monetary obligations, payment of mandatory payments, other property requirements for credit of the Convention on the Rights of the child (art. Federal law can only be presented in bankruptcy proceedings in order, Article 189-189-189-101 of this Federal Law; 5) terminates execution of executive documents on the application of the property of the credit institution, except for the execution of executive documents on Recovery of debts on the current liabilities of the credit institution. Documents that have ceased to be executed in accordance with this paragraph shall be subject to the transfer by the bailiers, as well as organs and organizations, of acts of other bodies, officials and the competitive process. by the Federal Law; 6), the assets of the credit institution and other restrictions on the disposition of the assets of the credit institution are lifted. The decision of the arbitration court on the recognition of the credit institution bankrupt and the opening of the insolvency proceedings is grounds for the withdrawal of the credit institution's property. The new arrests on the property of the credit institution and other restrictions on the disposition of its property are not allowed; 7) to comply with the obligations of the credit institution, including the execution of judicial acts, acts of other bodies, In accordance with the civil law, criminal legislation, procedural legislation, and the legislation of the Russian Federation on taxes and duties, officials are responsible for the implementation of the law. are established by articles 189-73-189-101 of this Federal Law; 8) judicial acts, acts of other authorities, officials seeking to recover money held in bank accounts in deposits of clients of the credit institution, attachment of arrest and/or other restrictions to the disposition of such funds The funds shall be executed in accordance with the procedure established by article 189-96 of this Federal Law. 2. The authority of the head of the credit institution, other government bodies, except for the powers of the authorities, has been terminated since the award by the arbitral tribunal on the recognition of the credit institution bankrupt and the commencement of insolvency proceedings. Management of the decision to enter into agreements on the terms and conditions of the granting of funds by third parties for the performance of the obligations of the credit institution. Article 189-77. Control 1. The Agency is the insolvency representative for the bankruptcy of the credit institutions that had the Bank of Russia's license to attract funds of individuals to deposits. 2. The insolvency representative of the Bank of Russia, who did not have a license of the Bank of Russia to attract funds of individuals in deposit, approves the arbitration managers consistent with the established by this Federal Law. of the Bank of Russia as a competitive insolvency representative in the bankruptcy of credit institutions. 3. In the cases stipulated in article 189-68, paragraph 3, of this Federal Law, as well as Article 189-105, paragraph 2, of this Federal Law, the functions of the insolvency representative in bankruptcy of credit institutions that did not have a license of the Bank of Russia The Agency is also involved in the attraction of funds to citizens. No compensation shall be paid for the exercise of the powers of the insolvency representative. 4. The requirements for the accreditation of the Bank of Russia as insolvency managers in bankruptcy of credit institutions are: (1) compliance with the requirements of the arbitration managers set forth in the present report. Federal Law; (2) the absence of violations of the Russian Federation's insolvency law (bankruptcy) for three years prior to the accreditation, which led to substantial impairment of the rights of creditors, without justification at the expense of the insolvency estate of the credit institution, Disproportionate satisfaction of creditors ' claims, as well as the absence of disqualification from the performance of a insolvency representative relating to non-performance or improper performance of such duties; 3) Training in the programme approved by the Bank of Russia. 5. The accreditation of the insolvency representative as insolvency representative in insolvency of credit institutions is carried out by the Bank of Russia on the basis of an application by an arbitration manager within thirty days from the date of its receipt. The application shall be accompanied by documents confirming that the applicant meets the accreditation requirements set out in this paragraph. 6. An application for the accreditation of an arbitration manager as insolvency representative in the insolvency of credit organizations may be sent to the Bank of Russia by a self-regulating organization of arbitration managers. The procedure for considering applications for accreditation of arbitration managers as insolvency representatives in the bankruptcy of credit organizations, accreditation, cancellation of accreditation, refusal of extension of accreditation is determined Bank of Russia regulations. 7. The Bank of Russia, in coordination with the Government Plenipotentiary of the Russian Federation, may establish additional requirements for the accreditation of arbitrators as insolvency representatives. managers of the bankruptcy of credit institutions. 8. The term of the accreditation of an arbitral manager as a insolvency representative in the bankruptcy of credit institutions is one year. The Bank of Russia will extend the validity of its accreditation on the basis of 30 days prior to the expiration of the accreditation of claims of arbitration managers to the Bank of Russia. The Bank of Russia issues a certificate of accreditation to an arbitration manager accredited by the insolvency representative in bankruptcy of credit institutions. 9. Losses incurred by a insolvency administrator accredited to the Bank of Russia as a result of failure or improper performance of their duties by the persons participating in the bankruptcy case shall be compensated by the insolvency representative, of the Bank of the Russian Federation and liability insurance for such losses. 10. The insolvency representative of the Bank of Russia accredited to the Bank of Russia must, within ten days from the date of its approval by the insolvency representative of the credit institution, insure its liability for damages to persons, in the case of bankruptcy, in the amount due to the valuation of the assets of the credit institution at the last reporting date, calculated by the provisional administration for the management of the credit institution, based on the methods established by the credit institution Bank of Russia regulations, namely: 1) three per cent of the value In total, the assets of the company exceed RUB 100 million, while assets worth 100 million rubles ($26.2 million) will be provided to the 300 million rubles ($26.2 million), plus two percent of the assets exceeding three hundred million rubles. Revenue increased by 7.03% to RUB 3.923 billion from RUB 3.927 billion, profit from operations by 3.22% to RUB 3.027 billion from RUB 3.018 billion, profit from operations by 3.23% to RUB 3.027 billion from RUB 3.018 billion, profit from operations by 3.23% to RUB 3.027 billion from RUB 3.027 billion. 11. The report on the proper enforcement of the liability of the insolvency representative of the Bank of Russia accredited to the Bank of Russia is forwarded to the Arbitration Court and the Bank of Russia in that time. 12. In the event that the Agency is approved by a insolvency representative in the manner prescribed by this paragraph, the Agency is not subject to liability insurance claims for damages to persons participating in the bankruptcy case. 13. The Agency shall exercise the powers of a insolvency representative, through a representative designated by it, acting on the basis of a power of attorney. 14. The agency is obliged to send to the arbitration court and the Bank of Russia the appointment of a representative in the bankruptcy case within five days of the decision by the arbitral tribunal to declare the credit institution bankrupt and to open the competition. The proceedings or the issuance of a court certificate of approval by the insolvency representative of the Agency in the cases provided for in article 189-68, paragraph 3, and article 189-105, paragraph 2, of this Federal Act. 15. In the event of circumstances giving rise to the inability of the representative of the Agency to exercise his or her authority, including because of his or her removal from office, the representative of the insolvency representative, in accordance with the procedure established by the representative of the Article 189-81, paragraph 4, of this Federal Law, the Agency is obliged to send a communication to the arbitral tribunal and the Bank of Russia within five days of the occurrence of these circumstances concerning the appointment of a new representative of the insolvency representative. 16. The Bank of Russia has the right to cancel the accreditation of a insolvency representative accredited by the Bank of Russia, if there is one of the following reasons: 1) the suspension of the insolvency representative By an arbitral tribunal from the performance of the insolvency representative; (2) breach of the terms of accreditation; 3) the breach of the insolvency (bankruptcy) insolvency law of the Russian Federation, which led to to a fundamental breach of the rights of creditors The amount of the insolvency estate that is disproportionate to the satisfaction of the creditors ' claims. 17. In case of cancellation by the Bank of Russia of the accreditation of a insolvency representative accredited to the Bank of Russia, the Bank of Russia will be suspended by the arbitral tribunal from the performance of its duties on the basis of the statement of the Bank of Russia. 18. The decision of the Bank of Russia to deny accreditation, cancel the accreditation or the refusal to renew the accreditation may be appealed to the arbitral tribunal. Article 189-78. insolvency representative 1. The insolvency representative exercises the authority of the head of the credit institution and other management bodies of the credit institution within the limits, in the order and under the conditions set by this paragraph. 2. The insolvency representative must act in good faith and reasonably, taking into account the rights and legitimate interests of creditors, the credit institution, society and the State. 3. The insolvency representative is obliged: 1) to accept the credit institution's property, conduct an inventory; (2) notify the employees of the credit institution of the impending dismissal no later than one month from the date of introduction a competitive process; 3) to take measures to ensure the preservation of the property of the credit institution; 4) to make a claim against third persons who are in arrears to the credit institution to recover, in order, installed in this paragraph; 5) install Claims of creditors pursuant to articles 189-85 and 189-86 of this Federal Law; 6) maintain a register of creditor claims; 7) take measures to seek, identify and return property of credit (c) (a) (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), (c), ( List of documents arising from the credit process The organization, which is approved by the Government Plenipotentiary of the Russian Federation and the Federal Executive and the Bank of the Russian Federation, with an indication of the date of retention of the documents; 9), to identify signs of intentional and a fictitious bankruptcy, as well as the circumstances under article 189-23 of this Federal Law; 10) shall be exercised in the manner prescribed by article 189-33 of this Federal Law, the return of valuable goods. other property of customers, accepted and/or purchased a credit institution that carries out professional activities in the securities market, with clients on storage contracts, trust management contracts, depositary treaties, brokerage contracts; 11) comply with other federal statutory obligations. 4. Executive Order: 1) to dispose of the assets of the credit institution in the manner and under conditions set by this Federal Law; 2) to dismiss employees of the credit institution, including the head of the credit institution, to modify the terms of employment contracts, to transfer the employees to other work in the order and under conditions set by the federal law; 3) to resort in accordance with the procedure established by article 136, paragraph 4 of this Federal Act, in court with claims of reduced requirements The head of the credit institution, the chief accountant of the credit institution, his deputies, the head of the branch or representative office of the credit institution, his deputies, the chief accountant of the branch or representative office of the credit institution, of his deputies, other employees of the credit institution for payment of wages, if, within six months prior to the date of appointment of the provisional administration, the remuneration of such persons has been increased in comparison with the amount of remuneration established prior to the commencement of the work (...) (...) (...) other transactions according to the grounds set out in article 189 to 90 of this Federal Act and in the manner prescribed by article 102 of this Federal Law; The nullity of the transactions made by the credit institution is null and void, including in the manner and on the grounds provided for by this Federal Act, concerning the termination of the property of the credit institution by third parties, on the termination of the contracts, by the credit institution, and to take other actions in the Protection of the rights and legitimate interests of the credit institution and its creditors, as provided for by the federal law, other regulatory legal acts of the Russian Federation; 6) to engage in tasks arising from implementation of a competitive process, accountants, auditors, appraisers and other specialists with the payment of their services from the property of the credit institution; 7) to exercise other rights established by federal law in the performance of their duties for the purposes of this report. 5. If there are grounds established by federal law, the insolvency representative shall make claims against third parties who, under federal law, bear subsidiary liability under the obligations of the credit institution. 6. A competitive manager has the right to advance the costs of his or her duties from his/her own funds and recover these costs from the assets of the credit institution in accordance with the procedure established for execution The current liabilities of the credit institution in the course of the insolvency proceedings. Article 189-79. Control over the competition control 1. The insolvency representative is required to submit, at the request of the arbitral tribunal, all information relating to the insolvency proceedings, including an account of its activities. 2. The insolvency representative shall represent the meeting of creditors or, if they have a creditor committee, a committee of creditors, a report of its activities, information about the financial condition of the credit institution and its property on the opening day of the competition The Conference of the States Members of the United Nations that are members of the Group of creditors. The report of the insolvency representative after its submission and consideration by the meeting of creditors or the creditor committee is forwarded to the Bank of Russia. 3. The report of the insolvency representative or creditor committee should contain information on: (1) of the insolvency estate, including the progress and (or) the results of the credit organization's inventory, the progress and the (or) the valuation results of the credit institution's assets, if an evaluator was involved in the evaluation of its assets; 2) the amount of money received by the credit institution's main account, the sources of the revenue data; 3) Implementation of the assets of the credit institution the order of sale, the book value, its customers and the amounts received from the disposition of the property; (4) the amount and the total amount of the claim for the recovery of the outstanding receivables by the insolvency representative; 5) on the measures taken to secure the property of the credit institution and to identify and claim the property of a credit institution in possession of third persons; 6) on the measures taken to recognize the transactions of the credit organization are invalid, as well as the application of the waiver the performance of the contracts of the credit institution; 7) on the maintenance of the register of claims of creditors, showing the total amount of claims of creditors included in the register and the size of the creditors ' claims of each queue; 8) Number of employees of credit organization continuing their activities during the competitive process, as well as the number of employees of the credit institution who were dismissed during the competitive process; 9) on the competitive process The management of the credit organization's accounts and its results; (10) on the amount of the costs of the insolvency proceeding and their designation; 11) on the subsidiarity of third parties who, under federal law, are responsible for such liability the obligations of the credit institution with respect to bringing it to bankruptcy; 12) other information on the progress of the insolvency proceeding, the composition of which is determined by the insolvency representative, as well as by the requirements of the meeting of creditors or the committee the arbitral tribunal or the arbitral tribunal. 4. The bank manager submits to the Bank of Russia monthly accounting and statistical accounts of the credit institution, as well as other information on the progress of the competitive process at the request of the Bank of Russia in accordance with the list and in the order which established by the Bank of Russia. 5. The report on the preliminary payment to creditors of the first stage, carried out in accordance with Article 189-94 of this Federal Law, shall be submitted by the insolvency representative to the arbitral tribunal and the Bank of Russia. 6. The Bank of Russia has the right to inspect the activities of the insolvency representative in cases and in the manner prescribed by the Bank of Russia regulations. 7. The Bank of Russia has the right to send to the insolvency representative the rule on the elimination of violations of regulatory legal acts regulating relations related to the insolvency (bankruptcy) of credit organizations, which are revealed by the data provided by the Bank of Russia. or in the course of the review of its activities. 8. Failure to comply with the Bank of Russia's order to eliminate the detected violations is the basis for the cancellation of the accreditation of the insolvency representative of the Bank of Russia accredited by the Bank of Russia. The decision of the Bank of Russia may be appealed to the arbitral tribunal within ten days from the date of its adoption. 9. In case the Bank of Russia is detected violations in the exercise of the powers of the insolvency representative, the Bank of Russia is obliged to take measures to eliminate them within ten days from the date of receipt of the relevant order of the Bank of Russia. This is the Bank of Russia. 10. The Agency's failure to comply with the Bank of Russia's prescription for the elimination of the breach is the basis for the Bank of Russia's appeal to the bankruptcy court against the Agency's actions. 11. As a result of the review of the complaint referred to in paragraph 10 of this article, the arbitral tribunal shall take one of the following decisions: (1) satisfying the complaint of acceptance of the insolvency representative's actions by the insolvency representative The author of the communication is the representative of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the 12. In the event that the Bank of Russia receives a complaint from the creditor committee against the insolvency representative or the application for the annulment of its accreditation, the Bank of Russia is obliged to consider the said complaint or request and decide: 1) on the direction of the insolvency representative to eliminate the breach of regulatory legal acts governing the insolvency (bankruptcy) of credit organizations; 2) through the insolvency representative; 3) The cancellation of the accreditation; 4) to make the complaint unfounded. Article 189-80. Release of the insolvency representative, accredited to the Bank of Russia, from the performance of the duties of the tender control 1. The insolvency representative at the Bank of Russia, in case of an application for exemption from the duties of a insolvency administrator and in other cases provided for by the Federal Act, may be waived by the arbitral tribunal. the performance of the duties of the insolvency representative. 2. In the event of the release of the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative, the arbitral tribunal shall, at the same time, approve the insolvency representative of the Agency in accordance with the procedure established by paragraph 3 of the article 189-68 of this Federal Act. 3. The determination of the arbitral tribunal to release the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative is subject to immediate execution and can be appealed. Article 189-81. Discretion of the insolvency representative, accredited to the Bank of Russia, or the representative of the Agency from the performance of the duties of the insolvency representative 1. A competitive manager, accredited to the Bank of Russia, may be removed by an arbitral tribunal from the performance of the insolvency representative: 1) on the basis of an application from a meeting of creditors or a creditor committee in the case of a meeting of creditors. Failure or improper performance of the insolvency representative; 2) in connection with the satisfaction of the arbitral tribunal with the complaint of the person involved in the bankruptcy case against non-performance or improper performance their duties, provided that such failure or improper The execution violated the applicant's rights or legitimate interests, or resulted in damages to the credit institution or its creditors; (3) on the basis of the application of the person involved in the bankruptcy case, if found of the circumstances which prevented the approval of the insolvency representative of the Bank of Russia accredited by the Bank of Russia, as well as in the event that such circumstances arose after the approval of the insolvency representative accredited to the Bank The Bank of Russia is cancellable after the Bank of Russia cancellations. Accreditation of a competitive manager accredited to the Bank of Russia. 2. At the same time as the suspension of the insolvency representative accredited to the Bank of Russia, from the performance of its duties, the arbitral tribunal shall approve the Agency as a insolvency representative in accordance with the procedure set out in paragraph 3 Articles 189 to 68 of this Federal Act. 3. The determination of the arbitral tribunal to dismiss the insolvency representative accredited to the Bank of Russia from the performance of the insolvency representative is subject to immediate execution and can be appealed. 4. A representative of the Agency, in the exercise of his or her duties, may be suspended by the arbitral tribunal from the performance of those duties in connection with the satisfaction of the arbitral tribunal with the complaint of the person involved in the case. Bankruptcy, non-performance or improper performance by a representative of the Agency of a representative of the insolvency representative, provided that such failure or improper performance of the said duties violated rights or lawful rights The interest of the complainant or the loss to the credit institution or its creditors. 5. The determination of the arbitral tribunal to dismiss the representative of the Agency from the performance of a representative of the insolvency representative is subject to immediate execution and may be appealed. Article 189-82. Creditors ' rights when a credit organization is 1. Creditors of a credit institution shall have the rights provided for by this Federal Law, taking into account the peculiarities set forth in this paragraph. 2. When performing bankruptcy proceedings, the legitimate interests of the insolvency creditors and the competent authorities shall be submitted to the meeting of creditors and (or) the creditor committee, which shall act in accordance with this Federal Act, taking into account the circumstances, in the present paragraph. 3. When adopted by a meeting of creditors, decisions shall be taken into account the votes of the insolvency creditors and the authorized bodies whose claims are included in the register of creditor claims at the date of the meeting. 4. The insolvency representative shall be entitled to convene the first meeting of creditors after determination under sub-paragraph 1 Paragraphs 3, 4, 6 and 10-12 of Article 189-85-85 of this Federal Law of the Claims brought in accordance with Article 189-86 of this Federal Law, but not later than ninety days from the date of publication of the The recognition of the credit institution by bankrupt and the commencement of insolvency proceedings. 5. The meeting of creditors and (or) the committee of creditors is entitled to apply to the Bank of Russia with a complaint about the actions (inaction) of the insolvency representative and the request to cancel the accreditation of the insolvency representative accredited by the Bank of Russia. 6. The creditors have the right to demand the submission of documents on transactions stipulated in Article 189-40 of this Federal Law and committed in the amount of more than one million rubles. The cost of preparing copies of these documents is at the expense of the creditor. Article 189-83. { \b Size of } { \b } { \b } { \b } { \b } { \b For the purposes of this Federal Law, monetary obligations and liabilities for the payment of mandatory payments to the credit institution, except for the current obligations under article 189-84 of this Federal Act, are determined by The day of revocation of the banking licence from the credit institution, unless otherwise provided by this Federal Act. 2. The amount of monetary obligations and liabilities for the payment of mandatory payments denominated in foreign currency is determined in rubles at the rate set by the Bank of Russia on the day of revocation of the banking license agreement. operations, with the exception of the current liabilities of the credit institution. Article 189-84. The current obligations of the credit institution in competitive process 1. Under the current obligations of the credit institution it is understood: 1) the obligation to pay the debt incurred prior to the day of revocation of the banking license from the credit institution, for the work done (a) The Bank of Russia, in accordance with the Federal Law "On Banks and Banking Activities"; in the period from the date of revocation of the licence from the credit institution to carry out banking operations until the day of completion of the insolvency proceedings, including: obligation to pay for the continuation of the credit institution, including the remuneration of persons working for An employment contract, termination indemnity, compensation and other payment to these persons, in the event of dismissal, taking into account the characteristics set out by this Federal Law; to the Bank of Russia; the cost of including information in the Unified Federal Register of Bankruptcy and Publication of the Communications under this Federal Act, as well as the other expenses arising from this Federal Act, The obligation to pay obligatory payments that have arisen from the day of withdrawal from the credit institution of a license to carry out banking operations until the day of commencement of the insolvency proceedings, as well as Payment of mandatory payments arising in the course of the contestations (a) The payment of wages to employees of a credit institution paid in connection with the performance of the duties referred to in sub-paragraph 1 of this paragraph, from the day of revocation of the license for banking operations and until the day of completion of the insolvency proceedings, as well as the obligation to transfer the amounts of such deductions in accordance with the legislation of the Russian Federation Federation (alimony, income tax, trade union and other -Payments made to the employer in accordance with federal law). 2. Claims by the credit institution employees for payment of termination indemnity, compensation and other payment, the amount of which is established by the relevant contract of employment, if it is terminated in excess of the minimum wage, established by labour law, are not current obligations and are satisfied after the creditors ' claims of the third queue are satisfied, as provided for in article 134, paragraph 4, of this Federal Act. 3. For the purposes of this Federal Act, the obligation to pay the obligatory payments comes from the day of the expiry of the time (tax period) established for the calculation of the amount of the compulsory payment due under the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The cost of fulfilling the current obligations of the credit institution shall be included in the estimate of the current expenses of the credit institution and shall be carried out by a competitive manager on the basis of such estimates. 5. Unless otherwise specified in this article, the estimate of the current expenses of the credit institution shall be approved (modified) by the insolvency representative. 6. Estimates of the current expenses of the credit institution in respect of expenses incurred after the first meeting of creditors are subject to approval (change) by the meeting of creditors or, if they are formed by a creditor committee, by a creditor committee Representation of the insolvency representative. The estimate of the current expenses of the credit institution should be submitted for approval to the first meeting of creditors, or, if they are formed by a creditor committee, to the creditor committee not later than three days from the date of its formation. In the case of non-approval (refusal of approval) by a meeting of creditors or a committee of creditors of an estimate of the current costs of the credit institution, a meeting of creditors or a creditor committee is entitled to apply to the arbitral tribunal with a statement of the permission of the creditors. disagreement between the insolvency representative and the meeting of creditors or the creditor committee. As a result of these disagreements, the arbitral tribunal shall approve an estimate of the current expenses of the credit institution produced after the issuance of the relevant judicial act. 7. The current expenses of a credit institution, approved by a meeting of creditors, or by a creditor committee, or by an arbitral tribunal in the manner determined by paragraph 6 of this article, may be changed by a meeting of creditors or a creditor committee on the basis of Representation of the insolvency representative and, if there is disagreement between them, the arbitral tribunal shall, in accordance with the procedure set out in paragraph 6 of this article, make changes to the estimates. 8. Pending approval of (changes) in the estimates of current expenditure by a meeting of creditors, or by a creditor committee, or by an arbitral tribunal in accordance with paragraphs 6 and 7 of this article, an estimate of the current expenses of the credit institution, approved by the Tribunal, shall apply. (amended) by the insolvency representative. 9. The requirements of the current obligations of the credit institution are not subject to inclusion in the register of creditor claims. Creditors of the current liabilities of the credit institution are not recognized by the persons involved in the bankruptcy case. 10. The satisfaction of the creditors ' claims on the current liabilities of the credit institution during the competitive process shall be in accordance with the procedure established by this paragraph. Article 189-85. Determination of the size of creditors ' claims 1. Creditors are entitled to present their claims to the credit institution at any time during the course of the insolvency proceedings, as well as in accordance with the procedure established by article 189-32 of this Federal Law during the period of activity in the credit institution Administration of Credit Organization. Upon presentation of claims, the creditor is required to indicate, in addition to the substance of the requirements, information about himself, including the name, first name, patronymic, date of birth, identity of the identity document, and the mailing address for the claim. correspondence (for a natural person), name, location (for legal person) and bank details (if any). These requirements are presented to the insolvency representative, together with the application of court decisions that have entered into force, the arbitral tribunal, the determination of the execution of the executive sheet for enforcement of decisions of the arbitral tribunal or other decisions. The legal acts, as well as the original documents or their duly certified true copies, prove the validity of these claims. 2. For the purpose of a competitive process, the insolvency representative shall set a time limit for the filing of claims by creditors after the expiry of which the register of claims of creditors is considered to be closed. The deadline for submission of claims by creditors may not be less than sixty days from the date of publication of the announcement of the credit organization's bankruptcy and the commencement of the insolvency proceedings. A notice of delivery or other documents confirming the deadline for receipt of the insolvency representative is taken into account in relation to the number of claims submitted to the insolvency administrator. of the above requirements. 3. The creditors ' claims are deemed to be established if they: 1) is confirmed by a court decision that entered into force, the arbitral tribunal, the determination of the execution of the decision of the arbitral tribunal, or In the absence of information on the subsequent partial or total satisfaction or termination of such requirements; 2) is determined by the arbitral tribunal in accordance with the procedure set out in paragraph 7 of this article; 3) by the insolvency representative, in accordance with the procedure established by paragraphs 4 and 6 of the present resolution Articles, as well as article 189-87, paragraph 3, of this Federal Law; 4) are determined in the manner prescribed by paragraph 10 of this article. 4. The insolvency representative shall consider the claim made by the creditor in the course of the insolvency proceedings and shall, as a result of its consideration, not later than thirty working days from the date of receipt of the claim, make it to the register of claims In the case of creditors, if the claim is justified. In the same period, the insolvency representative shall notify the appropriate creditor of the inclusion of its claim in the creditor's claims register, or the refusal of such inclusion in the register, or the inclusion of the register in the register is incomplete. Where a creditor's claim is made to the creditor's registry in the relevant notice to the creditor, details are given of the size and composition of its claim to the credit institution and the order of its satisfaction. 5. Objections resulting from a review by a creditor's insolvency representative may be submitted to the arbitral tribunal by the creditor not later than fifteen calendar days from the date of receipt by the creditor of the notification of the insolvency representative The results of the review of this requirement. Such objections shall be accompanied by a notice of service to the insolvency representative of such objections or other documents confirming the direction of the insolvency representative of the objection and the documents annexed to the objection. 6. Claims of creditors whose objections are not raised within the time limit provided for in paragraph 5 of this article shall be deemed to be established in the amount, composition and priority of the satisfaction determined by the insolvency representative. 7. Claims of creditors are examined by the arbitral tribunal in the manner prescribed by article 60 of this Federal Law. As a result of this review, the arbitral tribunal is defined to include or refuse to include the claims in the register of creditors. In the determination of the arbitral tribunal to include such claims in the register of claims of creditors, the size and order of satisfaction of these claims are indicated. A copy of the definition of inclusion or refusal to include the specified requirements in the register of creditor claims is sent to the objecting person and the insolvency representative following the day of the determination arbitration court. The determination of the arbitral tribunal to include or refuse to include creditors ' claims in the register of creditors is subject to immediate execution and can be appealed. 8. The creditor's claim determined by the arbitral tribunal in question shall be included by the insolvency representative in the register of creditor claims not later than the day following the date of receipt of the copy of the determination by the insolvency representative The creditor is notified by the insolvency representative within three days from the date of entry into the register of creditor claims. 9. Disputes over claims of creditors or other authorized bodies that have been confirmed by a decision or other act of the court or tribunal are not subject to review by the arbitral tribunal, but are not subject to review by the arbitral tribunal. to be returned, except for differences arising out of the execution or revision of the judicial acts. 10. A creditor's claim brought against the credit institution during the period of the loan administration of the credit institution and the registration of creditors ' claims in accordance with the procedure established by article 189-32 of this Federal Law The law shall be deemed to be established in the size, composition and order of satisfaction determined by the provisional administration for the management of the credit institution, if within sixty working days of the day of publication of the communication of recognition of the credit institution. and the commencement of insolvency proceedings The insolvency representative, subject to the provisions of paragraph 3 (1) of this article, shall not notify the creditor of the full or partial exclusion of the said requirement from the registry of creditors. 11. The objections to the content of the notice referred to in paragraph 10 of this article may be declared by creditors and also examined by the arbitral tribunal in the manner prescribed by this article. Claims by creditors for which the objections are not raised within the time limit provided for in paragraph 5 of this article shall be deemed to be established in the amount, composition and priority of the insolvency representative determined by the insolvency representative. 12. Claims against creditors during the period of the loan administration of the loan institution, but not reviewed by the credit institution management on the expiry date Article 189-32 of this Federal Law is considered to be presented on the date of publication of the information on the recognition of the credit institution bankrupt and on the opening of the insolvency proceedings and are considered. (shall be established) in accordance with the procedure established by this article. In so doing, the insolvency representative shall carry out the actions referred to in paragraph 4 of this article within sixty days from the date of publication of the credit organization's recognition of the bankrupt and the commencement of the insolvency proceedings. 13. The amount of monetary obligations arising out of a financial contract satisfying the requirements specified in article 4, paragraph 1, of this Federal Act shall be determined in accordance with the procedure set out in that article. Article 189-86. Determination of the size of the creditors ' claims for the purposes of determining the participants in the meeting creditors 1. The determination of the size of the creditors ' claims for the purposes of determining the participants in the meeting of creditors shall be in accordance with the procedure established by article 189-85 of this Federal Law. 2. For the purposes of participation in the first meeting of creditors, creditors are entitled to present their claims against the credit institution within thirty calendar days of the date of publication of the credit organization's recognition of the bankrupt and the opening of the competition In accordance with article 189 of this Act, the credit institution shall have the authority to administer a credit institution. At the end of that period, the register of creditors for the purpose of determining the participants in the first meeting of creditors is considered to be closed. 3. Creditor (creditor) whose claims are included in the registry of creditors on the basis of copies of the documents referred to in article 189-85, paragraph 1, of this Federal Law, are permitted to participate in a meeting of creditors only at the time of The submission of original documents confirming the validity of these claims. Article 189-87. Register of creditor claims 1. A register of creditor claims shall be made by a insolvency representative. Taking into account the particularities set out in article 189-85, paragraph 10, of this Federal Act, the registry shall include information drawn up by the provisional administration on the management of a credit institution in accordance with articles 189 to 32 of the present Federal Act of the Register of Claims of Creditors, which is transmitted to the insolvency representative in accordance with article 189-43 of this Federal Law. 2. Unless otherwise specified in this article, the creditor's claims shall be entered by a insolvency representative on the registry of creditors on the written application of the creditor on the basis of a court decision which has entered into force, the arbitral tribunal, definitions of the Issuing of an executive sheet for the enforcement of a decision of the arbitral tribunal or other judicial act, as well as on the basis of other documents confirming the validity of these claims. 3. The creditors ' claims under the bank deposit agreement and/or the bank account may be included by the insolvency representative in the register of creditor claims in the amount of the remits of the accounts payable to the creditor a statement by the creditor on the basis of the information available in the credit institution. Claim of the creditor under the contract of bank account and/or agreement of a bank account, which has in accordance with the Federal Law "On Insurance of deposits of individuals in banks of the Russian Federation" the right to receive insurance. Compensation, shall be included in the register of creditor claims in the amount of the balance of the cash held in an account in excess of the amount due to the creditor of the indemnity. Claims of creditors to whom the credit institution is responsible for causing harm to their life or health, as well as claims by creditors for payment of termination benefits and compensation to persons who work or have worked for A contract of employment may be included in the register of creditor claims without a written declaration by the creditor on the basis of the information available in the credit institution. If the creditor's claims are included in the register without its written application on the basis of the information available in the credit institution, the insolvency representative shall send the insolvency representative within a period of not more than five working days from the date of A notice to the creditor, in accordance with the procedure established by article 189-85, paragraph 4, of this Federal Act, shall be entered in the register of creditors ' claims. The contents of the said notice may be declared by the creditor and also examined by the arbitral tribunal in the manner prescribed by article 189-85 of this Federal Law. Claims by creditors for which no objection is made within the time limit provided for in article 189-85, paragraph 5, of this Federal Act shall be deemed to be established in the amount, composition and priority of satisfaction determined by the insolvency representative. 4. The creditor's claim is excluded by the insolvency representative from the register of claims of creditors on the basis of the definition of the arbitral tribunal, except as provided in paragraphs 10 to 12 of article 189-85 of this Federal Law, or if The creditor has submitted written consent to the exclusion of its claim from the register of creditor claims. 5. The register of creditor claims should indicate the particulars of each creditor, the size of its claims to the credit institution, the order of satisfaction of each creditor's claim, and the reasons for the creditor's claims. In the register of creditor claims, the insolvency representative may also include other information relevant to the determination of the size of the creditors 'claims that is proportional to the creditors' claims, and also for implementation by creditors of other rights provided for in this Federal Act. 6. The creditor whose claims are included in the register of creditors shall be obliged to inform the insolvency representative in a timely and appropriate order of the alteration of the particulars referred to in article 189-85, paragraph 1, of this Federal Law. The insolvency representative and the credit institution are not liable for any damages incurred in the event of failure to submit or delay the submission of the information. 7. The insolvency representative, upon request of the creditor (representative of the creditor), shall, within five working days of the receipt of such claim, direct the creditor (s) to the creditor (s) with the statement of creditors ' claims of size, composition, and both Meeting these requirements. The cost of issuing such a statement up to the value of the services of the liaison agencies shall be borne by the creditor. 8. Labour disputes between the credit institution and the employee of the credit institution are dealt with in accordance with the procedure established by the Labour Code and the Civil Procedure Law. Article 189-88. The credit organization's accounts in the contest 1. The insolvency representative is obliged to use only one correspondent account of the credit institution, recognized bankrupt, for money in the currency of the Russian Federation-the main account of the credit institution, Bank of Russia, as well as depending on the number of foreign currency types available to the credit institution, is the necessary number of credit institution accounts for foreign currency opened in other credit institutions. The Bank of Russia is in the process of doing so. 2. When the Agency is exercising the powers of the insolvency representative's insolvency representative, the Agency shall open a competitive process. For the purpose of exercising the functions of the insolvency representative, the Bank of Russia shall open an account for funds in the currency of the Russian Federation. 3. Credit organization accounts opened in other credit institutions (including those discovered through a competitive process), except for accounts opened in connection with the credit organization's professional activity in the market of securities and the deposit accounts are closed as they are discovered. The balances of the credit institution must be transferred from the accounts to the credit institution's accounts in the course of the insolvency proceedings. 4. After the award by the arbitral tribunal on the recognition of the credit institution bankrupt and on the opening of the insolvency proceedings, the Bank of Russia shall transfer within ten days from the date of receipt of the insolvency representative to the accounts In the course of a competitive process, the credit institution's mandatory reserves were deposited in the Bank of Russia, as well as other monetary funds of the credit institution located in the Bank of Russia. 5. The credit institution is credited in the course of the insolvency proceedings with the funds of the credit institution entering into the insolvency proceedings. 6. From the main account of the credit institution the creditors, current communal and operational payments of the credit institution are paid, the other expenses related to the implementation of the competition are paid during the competitive process production. 7. The information on the expenditure of monetary funds of the credit institution from its accounts in the course of the insolvency representative is submitted to the Arbitration Court, the creditor committee and the Bank of Russia on demand, but not more than once a month. Article 189-89. Disposition of the property of the credit institution in the course of a competitive process 1. After conducting an inventory of the property of the credit institution, the insolvency representative proceeds to the sale of the property of the credit institution in open tendering in the manner and under the conditions set out by this Federal Law, if any other order The disposition of the assets of the credit institution is not fixed by this article. 2. The Bank of Russia's banking supervisory board, in coordination with the Bank of Russia's supervisory committee, transfers property (assets) and liabilities of the credit institution or their part of the purchase (s) to the procedure set out in this article. 3. In order to agree on the transfer of assets (assets) and liabilities of a credit institution or part of a credit institution (s), the insolvency representative sends a proposal to the Bank of Russia, which should contain information on the composition of the property (assets) and the obligations of the credit institution, the valuation results of the property (s) made in accordance with the requirements of this article, as well as the justification for the transfer of assets (assets) and liabilities. 4. In the event that the transfer of the assets and liabilities of the credit institution is proposed in accordance with the parts referred to in paragraph 3 of this article, the proposal of the insolvency representative should contain information on the composition of the property (s) and The obligations of the credit institution with respect to each of the transferred parts. 5. The amount transferred to the purchaser (s) of the credit institution's obligations is determined by the insolvency representative on the basis of information available in the credit institution. The value of the transferred property (s) of the credit institution is determined in accordance with the report of the appraiser, attracted by the insolvency representative and acting on the basis of the contract. 6. The Bank Supervisory Committee of the Bank of Russia makes a decision on the approval of a tender for the transfer of property (assets) and liabilities of the credit institution or the refusal to approve it not later than in ten years. The working days from the date of receipt of such a proposal by the insolvency representative shall notify the insolvency representative not later than two working days from the date of the decision. 7. The Bank Supervisory Committee of the Bank of Russia may refuse to agree on a proposal of the insolvency representative on the transfer of property (assets) and liabilities of the credit institution based on the regulatory act of the Bank of Russia. 8. Within three working days from the date of receipt of notification of the decision of the Bank of Russia's Committee of Banking Supervision on the approval of a tender for the transfer of property (assets) and liabilities of the credit institution The manager shall include in the Single Federal Register of Bankruptcy Details of the selection of the purchaser (s) of the property (s) and the obligations of the credit institution, which shall contain the details of the Transfer of assets (assets) and liabilities organizations, their costs and valuation methods. 9. Credit organizations licensed to attract funds of individuals to deposits have the right to participate in the selection of the purchaser (s) of the property (s) and liabilities of the credit institution within 10 working days of the inclusion of the particulars referred to in paragraph 4 of this article in the Single Federal Register of Bankruptcy Details. 10. The application for participation in the selection of the purchaser (s) of the property (s) and the obligations of the credit institution should contain a proposal to defer performance of the acquis to the Agency as a creditor of obligations, transferred to the Agency as a result of the payment by the Agency of insurance compensations to the depositors of the credit institution. The delay could not exceed one year from the date of the contract for the transfer of assets (assets) and liabilities of the credit institution. 11. The insolvency representative sends applications for participation in the selection of the property (assets) and liabilities of the credit institution to the Bank Supervision Committee of the Bank of Russia. 12. The Bank Supervisory Committee of the Bank of Russia has the right to refuse to agree on the purchase of property (assets) and liabilities of the credit institution based on the regulatory act of the Bank of Russia. 13. In the case of transfers to the purchaser (s) of part of the obligations of the credit organization, the obligations of the creditors of the subsequent queue are transferred only after the full transfer of the obligations of the creditors of the previous queues. Such rotation shall be determined in accordance with article 189 to 92 of this Federal Act. A part of the obligations of the credit organization of one queue may not be transferred to the purchaser unless otherwise specified by this article. 14. The transfer of assets (assets) and liabilities of the credit institution or part thereof shall be based on the principles of good faith and reasonableness of the actions of the insolvency representative, equivalence of the amount of the transferred obligations. Property (s), protection of the rights and legitimate interests of creditors, including the minimization of their losses in the exercise of their right to obtain satisfaction of their legal requirements for credit organization, priority and proportionality of satisfaction creditors ' claims, the equality of creditors of one queue. 15. Creditors of the credit institution shall be notified by a tender manager of the impending transfer of the property (s) and liabilities of the credit institution or their part by way of the official publication for the publication of the notice on the transfer of these assets and liabilities, as well as the inclusion of it in the Single Federal Register of Bankruptcy Details. Such notification shall be published at least one month prior to the intended date of transfer of the property (s) and the obligations of the credit institution or part thereof. Notice of transfer of the property (s) and liabilities of the credit institution or part thereof shall contain: 1) the name of the credit institution transferring the property (s) and obligations or part thereof, its address and The identity of the credit institution (State registration number of the State registration of a legal entity, the identification number of the taxpayer); 2) the name of the credit institution, the purchaser, assets (assets) and liabilities of organization or part thereof, address and identifying information of the credit institution (State registration number of the State registration of a legal entity, identification number of the taxpayer); 3) criteria The attribution of obligations to the number of obligations transferred to the purchaser; 4) the manner in which the lenders of the credit organization receive information on the attribution of obligations to them to the obligations to be transferred to the purchaser. 16. Within a month from the date of publication of the notice of transfer of the property (s) and the obligations of the credit institution or their part, the creditor of the credit institution is entitled to submit a written statement to the credit institution Disagreement with the transfer of rights and obligations under a contract concluded with a credit institution. The proportionate share of the property to be transferred shall be excluded from the date of receipt by the insolvency representative of the estate concerned by the insolvency representative of the credit institution to be transferred to the purchaser. 17. The requirements of the creditor of the credit institution which issued in writing a declaration of disagreement with the transfer of rights and obligations under a contract concluded with the credit institution shall be satisfied according to the order of the article 189 to 92 of this Federal Law. 18. Upon the transfer of the assets and liabilities of the credit institution or part thereof, the latter is obliged to perform the obligations and/or the obligation to pay the mandatory payments on the terms that existed on the day of revocation The credit institution is authorized to carry out banking operations. 19. Property (s) and liabilities of the credit institution or part thereof shall be deemed to have been transferred from the date of signature of the transfer act by both parties. From now on, the purchaser is responsible for the risk of accidental death or accidental damage to the property he received. Simultaneously with the signing of the transfer act, the insolvency representative shall send to the official publication for publication information on the transfer of the assets and liabilities of the credit institution and includes the relevant information in the Unified Federal bankruptcy register. Such information shall contain the information specified in paragraph 15 of this article. 20. The property (s) and the obligations of the credit institution or their part transferred to the purchaser (s) shall be excluded from the insolvency estate and the creditor's registry of creditors. 21. On sale of the property of the credit institution, requirements under the loan, credit and factoring requirements may be put on sale by a single lot (sale of credit portfolio of credit institution). The single lot may also be invoiced by the credit institution under lease contracts with the simultaneous assignment of the rights of claims under such contracts. 22. In order to reduce the timing of payments with creditors, the insolvency representative has the right to acquire the property of a credit institution not sold at the rebidding at the initial price set for rebidding. The transaction shall be in writing. 23. The appropriate credit institution may be sold at an organized auction or on the basis of a sales contract concluded without bidding. 24. In the course of the insolvency proceedings, the assets of the credit institution, which is provided for in this Federal Law, may not be replaced. Article 189-90. Recognition of transactions made by a credit organization or by another person at its expense, invalid and non-execution contracts of credit organization 1. A transaction committed by a credit institution or other person at its expense may be recognized by the arbitral tribunal considering the bankruptcy of the credit institution that is not valid on the application of the insolvency representative and on the grounds that it by this Federal Act, the Civil Code of the Russian Federation and other federal laws, taking into account the peculiarities set forth in this paragraph. The rules set out in paragraphs 1 to 10 of article 189 to 40 of this Federal Act shall apply to the challenge of such transactions. 2. The insolvency representative is entitled, in accordance with article 102 of this Federal Act, to withdraw from the performance of contracts and other transactions made by a credit institution and not executed by the parties. In part, if the credit institution's performance would result in losses to the credit institution in comparison with similar transactions committed in comparable circumstances. Failure to comply with financial contracts that comply with the requirements of article 4, paragraph 1, of this Federal Act may be declared only in accordance with the procedure established by article 102, paragraph 6, of this Federal Act. 3. In the cases referred to in paragraph 2 of this article, a contract entered into by a credit institution shall be deemed to be terminated from the date on which each of the parties to the said contract is received by the insolvency representative of the of the treaty. The party to the contract signed by the credit institution and in respect of which the waiver of execution is declared may be required by the credit institution to recover damages caused by the non-performance of the said contract. Article 189-91. The credit rating of the credit institution 1. All the property of the credit institution, available on the opening day of the competitive process and identified in the course of the competitive process, is the estate. 2. From the property of the credit institution, which is the estate, the property forming the mortgage in accordance with paragraph 4 of this article, securities and other property of the clients of the credit institution accepted by and/or acquired by the credit institution for their own account under the treaties of storage, trust management contracts, depositary treaties and treaties on brokering, as well as other property excluded from the insolvency estate in accordance with the OF THE PRESIDENT OF THE RUSSIAN FEDERATION The assets of the credit institution are separately accounted for and subject to mandatory valuation of the property that is the subject of the pledge. The bank account contract is not subject to mandatory evaluation. 3. Provided that the assets of the credit institution are in possession of socially significant facilities under this Federal Law and the Social Housing Fund, which are not included in the insolvency estate In accordance with this Federal Law, the transfer (realation) of the said property shall be carried out by the insolvency representative in the order and under the conditions established by this Federal Law. 4. The mortgage financing of the property of the credit institution, which carried out the issue of bonds with mortgage settlement in accordance with the Federal Law "On Mortgage Securities", is excluded from the insolvency estate, and the requirements of creditors by Mortgage bonds are granted in accordance with the procedure established by the Federal Law. Article 189-92. The order to satisfy the requirements of the creditors in the insolvency proceedings 1. The execution of obligations to the creditors of the credit institution in the course of the insolvency proceeding shall be carried out in the order established by this Federal Law, taking into account the peculiarities set by this paragraph. 2. At the expense of the competition, the credit institution's current obligations under article 189-84 of this Federal Law are fulfilled. The order of execution of the current obligations of the credit institution shall be determined in accordance with article 855 of the Civil Code of the Russian Federation. 3. The first requirement is: 1) the requirements of the individuals to whom the credit institution is responsible for causing harm to their life or health by capitalizing on the relevant temporary payments, as well as Compensation for moral injury; (2) claims by individuals who are creditors of a credit institution under their contracts with the bank deposit and/or bank account contracts (excluding those engaged in without the education of a legal person, if Such accounts (deposits) are open to the implementation of the federal law of business, as well as lawyers, notaries and other persons, if such accounts (deposits) are open to the implementation of the federal law The requirements of the Agency under the bank deposit agreements and bank contracts that have been transferred to it under the Federal Act on deposit insurance, as set out in paragraph 5 of this article; 3) of individuals in banks of the Russian Federation " and as a result of bank execution " The Bank of Russia's requirements of the Bank of Russia, which have been transferred to the Bank of Russia in accordance with the present law, are compensated by the acquisition of the value of the property returned in accordance with Article 189-55 of this Federal Law; 4) The Federal Law, as a result of the implementation of payments by the Bank of Russia on deposits of individuals in banks recognized bankrupt and not participating in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation. 4. Claims by creditors for obligations secured against the assets of the credit institution are met by the value of the bond, principally to other creditors, with the exception of obligations to creditors of the first and second creditors queue. The creditor's claims on the obligation secured by the guarantee of rights under the bank account are satisfied by writing off the estate of the debtor from the debtor's collateral account and by giving them to the creditor on the obligation, The secured creditor's rights under the contract of the bank account, or their deposit in the account specified by the creditor, minus the money allocated to satisfy the creditors of the first and second creditors. 5. Upon satisfying the requirements of creditors of the first and second line, as well as the creditors ' claims on the secured obligation under the bank account, the deposit is to be closed in accordance with the requirements of paragraph 3 of the article 189-88 of this Federal Act. 6. Claims by individuals who are creditors of a credit institution under their contracts for bank deposits and/or contracts of a bank account, for damages in the form of loss of profits, and for the payment of financial penalties are included in the requirements of the creditors who are satisfied in the third place. 7. Claims by the credit institution employees for termination indemnity, compensation and other payment, the amount of which is established by the relevant contract of employment, if it is terminated in excess of the minimum wage, established by labour legislation, is not one of the requirements of second-line creditors and is satisfied after the creditors have satisfied the creditors of the third queue. Article 189-93. Fulfiller of the credit institution's obligations by the founders (participants) or third person (s) in the competition production 1. The founders (participants) of the credit institution or the third person (third persons) at any time before the end of the insolvency proceedings are entitled to perform all the obligations of the credit institution or to provide the credit institution with funds sufficient for the performance of all the obligations of the credit institution that arose on the day of the withdrawal of the banking licence. 2. The founders (participants) of the credit institution or third party (third parties) are obliged to notify the insolvency representative and creditors in writing of the commencement of the credit institution's obligations. Upon receipt of the first such notification, the insolvency representative does not accept the obligations of the credit institution to creditors. If the person submitting the notification of commencement of the credit institution's obligations does not commence the performance of the said obligations within one week after the date of the notification or has not performed within three months after the date of dispatch Notification of the obligation of the credit institution to creditors pursuant to paragraph 4 of this article, such notification shall be deemed null and void. Persons who have declared the obligations of the credit institution and have not fulfilled the said obligations on time and in the amount set out in this article are obliged to compensate creditors for the loss resulting from the suspension Competibidding process. 3. In the performance of the obligations of the credit institution by the founders (participants) of the credit institution or by a third party (third parties) or in the granting of a credit organization of funds, the creditors of the credit institution are obliged to accept The obligation to fulfil its obligations and the credit institution is obliged to fulfil its obligations to the creditors through the means provided to it. If the credit institution cannot fulfil its obligation to the creditor in accordance with paragraph 1 of this article and paragraph 1 of this paragraph, The deposit of a notary at the location of the credit may be entered into the deposit of a notary public, as well as in case of failure of the creditor to accept the obligation of the credit institution. organization (s). 4. Cash, through which the founders (participants) of the credit institution or a third person, third parties fulfilled the obligations of the credit institution to its creditors or were provided to the credit institution for execution The said obligations are considered to be provided by the loan organization under the terms of the interest-free loan agreement, which is determined by the time of demand, but not earlier than the day of the end of the insolvency proceedings in the case of the bankruptcy of the credit institution. 5. In the event of the performance of the credit institution's obligations by the founders (participants) of the credit institution or by a third party, the insolvency representative must notify all creditors whose claims are included in the register within ten days claims of creditors and the fulfillment of obligations to them and to place the account in the account opened in the credit institution-Russian Federation resident of the Russian Federation account in the amount necessary for the full fulfillment of the stated obligations of the amount determined without Accounting for funds held in the account of a credit institution. The procedure for opening this account is determined by the Bank of Russia regulations. The notification of creditors may be effected by the publication of a communication in a periodical publication at the location of the credit institution (s). 6. No later than fourteen days after the end of the credit institution's obligations by the founders (participants) of the credit institution or the third person (s), the insolvency representative is required to submit a report to the arbitral tribunal on the Performance of the obligations of the credit institution. 7. As a result of the review of the insolvency representative's report on the performance of the credit institution, the arbitral tribunal shall determine the termination of the bankruptcy proceedings of the credit institution in the case of the execution of all Obligations to creditors, including claims obligations. 8. In case of termination of proceedings in the case of bankruptcy of the credit institution on the basis of paragraph 7 of this article, the Bank of Russia, upon application of the credit institution, the founders (participants) of the credit institution or a third party, The third parties, who have fulfilled the credit institution's obligations to its creditors, may decide within one month to issue a credit institution with a license to carry out banking operations. At the same time, the Bank of Russia's right to grant the said credit institution the banking license arises when the following conditions are met at the same time: 1) if the repayment is provided for in paragraph 1 of this article Obligations of the credit institution by decision of the founders (participants) of the credit institution or third person, third parties took place no later than six months from the day of withdrawal of the license for banking operations; 2) if arbitration court confirms repayment of all obligations organizations that have arisen on the day of withdrawal of the banking licence; 3) if there are no claims filed by creditors following their notification in accordance with paragraph 5 of this article; 4) -Authorized body's certificate of absence from the credit institution for payment of mandatory payments; 5) if, at the time of the consideration of the first paragraph of this paragraph of this paragraph, all the qualifications required have been met. Bank of Russia in accordance with the Federal Law "On Banks and Banking" The work of the "banking system". 9. In the event that the Bank of Russia does not take a decision within a month to issue a license to carry out banking transactions or refuse to issue the license, the credit institution is subject to liquidation in accordance with the Federal Law "On Banks and Banking". ". Article 189-94. { \field { \field { \field { \field { \field { \field { \field { \field The requirements of the first stage creditors are met in two phases: ex-payment and final payment. At the same time, the requirements of the creditors of the first queue of the credit institution, which was not a member of the system on the day of withdrawal of the Bank of Russia's license from the Bank of Russia, satisfy the requirements of the creditors. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the final payment, the claims of first-outstanding creditors outstanding in advance payments are satisfied. "In the calculations with creditors of the credit institution, which on the day of withdrawal of the license from the Bank of Russia from the Bank of Russia was a member of the system of compulsory deposit insurance in accordance with the Federal Law" O OF THE PRESIDENT OF THE RUSSIAN FEDERATION of this Federal Act, in excess of the amount envisaged The Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" with insurance compensation of not more than 300,000 rubles is granted until the other demands of the creditors of the first queue are satisfied. 3. The requirements of the first stage creditors are granted in the order of preliminary payments in accordance with this Federal Law within a period of up to two months from the date of the first publication of the notice of recognition of the credit institution bankrupt and open a competitive process. Pre-payment to creditors of the first order shall commence no later than thirty days from the date of expiry of the specified time limit for the filing of claims by creditors for the purpose of advance payment and not earlier than ten days from the date of expiry of the deadline. The publication of the declaration of order and the conditions for the initial payment of the first-turn to creditors, and shall be carried out within three months from the date on which they are to be implemented. 4. In the first phase, seventy per cent of the funds held in the accounts of the credit institution for the expiry of the deadline for the submission of claims by creditors of the first queue Pre-payment. If there is insufficient cash to satisfy the first-turn creditors ' pre-payment claims, these funds are allocated in proportion to the amounts to be satisfied. 5. The report on the preliminary payment to creditors of the first stage is submitted by the insolvency representative to the arbitration court and the Bank of Russia in the order established by the Bank of Russia not later than ten days from the date of expiry of the period for implementation. Pre-payment. 6. The amount of claims of the creditors of the first queue is to be reduced by the amount paid to them in the order of payments and payments made by the Bank of Russia on deposits of individuals in recognized bankrupt banks. Mandatory insurance of deposits of individuals in banks of the Russian Federation and is reflected in the register of claims of creditors of the credit institution recognized bankrupt. 7. Claims by creditors of the first stage in excess of the amount of the pre-payment made, as well as claims submitted after the end of the period of filing of claims by creditors of the first stage for the purpose of the advance payments, shall be satisfied in the manner of final payments, subject to the rules laid down in article 189 to 96 of this Federal Law. 8. The determination of the size of citizens ' claims before which the credit institution is responsible for causing harm to their life or health shall be determined by capitalizing on the relevant temporary payments established on the day of revocation The credit institution is licensed to carry out banking operations and payable to these citizens until they reach the age of seventy, but not less than a decade. The Government of the Russian Federation determines the order and terms of capitalization of the relevant temporary payments. If the age of the citizen exceeds seventy years, the period of capitalization of the relevant temporary payments shall be ten years. 9. With the payment of capitalized temporary payments, the amount of which is determined in accordance with the procedure set out in paragraph 7 of this article, the corresponding obligation of the credit institution shall be terminated. 10. With the consent of the citizen, his right to a credit institution in the amount of capitalized payments is transferred to the Russian Federation. The requirement in the event of its transition to the Russian Federation is also satisfied first. In this case, the obligations of the credit institution to the citizen for the payment of capitalized payments shall be transferred to the Russian Federation and executed by the Russian Federation in accordance with the federal law in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 186-FZ) Article 189-95. Features of satisfaction of the requirements of the creditors on subordinated loans Claims of creditors on subordinated loans (deposits, loans, bonded loans), as well as financial penalties for non-fulfillment Obligations for subordinated loans (deposits, loans, bond issues) are met after the claims of all other creditors have been satisfied. Article 189-96. Accounts payable in the insolvency production 1. The insolvency representative shall make settlements with creditors in accordance with the creditor's register. 2. Calculations with creditors to satisfy the claims included in the registry of creditors on the basis of copies of the documents referred to in article 189-85, paragraph 1, of this Federal Act, shall be exercised only upon presentation of original documents, of the Convention on the Rights of the 3. Persons who have the right, in accordance with article 189 to 93 of this Federal Law, to perform the obligations of the credit institution, shall make payments with creditors in accordance with the register of creditors ' claims. 4. The creditors 'claims of each subsequent queue are met after full satisfaction of the creditors' claims of the previous queue. 5. Judicial acts, acts of other authorities, officials seeking to recover money held in the accounts of the clients of the credit institution, as well as the seizure and/or other restrictions on the disposition of such property shall be executed The insolvency representative, in the amount of the money due to the creditors of the respective queue, shall, in accordance with the procedure set out in this paragraph. Relevant funds shall be sent by a tender manager for payment pursuant to the details provided by the authority or official responsible for enforcing or imposing restrictions on the disposal of the money. The funds held in the accounts of the clients of the credit institution. 6. The insolvency representative shall be notified of the performance of the claim of the authority or official responsible for the recovery of or imposing restrictions on the disposal of funds held in the accounts of the clients of the credit institution. The creditor of the credit institution concerned by mail of the credit institution by post by registered letter of notification of delivery within five working days from the day of transfer of funds. 7. If, by the time of the Bank of Russia's liquidation balance, the credit institution is the organ or official responsible for the recovery of or imposing restrictions on the disposal of funds held in the accounts of the clients. The insolvency representative does not communicate to the insolvency representative the funds referred to in this paragraph. The insolvency representative shall make the money to the creditor's deposit of the notary's deposit and notifies the creditor credit institution, designated person by mail of the relevant communication by registered letter with notification of service within five working days from the day of transfer of funds in the deposit of the notary. 8. In the event of a creditor's failure to accept funds, these funds are made by the insolvency representative by the notary at the place where the credit institution (its subsidiaries) is located, as reported to the creditor. 9. If a credit institution is insufficient to meet the creditors ' claims, the money is distributed among the creditors of the appropriate queue in proportion to the amount of their claims included in the register. claims of creditors. 10. In the case of insufficient cash funds to satisfy the requirements (part of the claims) referred to in paragraph 3 of article 189-94 of this Federal Law, funds are distributed among creditors in proportion to the amount the requirements (parts of the requirements). 11. Claims against creditors following the closure of the creditors 'registry are satisfied by the assets of the credit institution remaining after the creditors' claims filed within the established time period and on the registry claims of creditors. Calculations with creditors are made by a competitive insolvency representative in the manner prescribed by this article. 12. Claims of first-turn creditors after the closure of the creditors 'registry, but before the settlement is completed with all creditors, after the completion of the first-in-turn creditors' claims, to be satisfied before the claims of the creditors of the subsequent queue are satisfied. Pending the full satisfaction of the creditors ' claims in the first queue, the claims of the creditors of the subsequent queue are suspended. In the event that the above claims have been made before the completion of the first-turn creditors ' calculations, they are to be satisfied after the completion of the calculations with first-line creditors who have submitted their claims to the established The Conference of the States Members of the United Nations that are members of the Council. 13. In accordance with paragraph 12 of this article, the requirements of first-turn creditors brought before the closure of the register of creditor claims, but established in the manner provided for in article 3, paragraphs 2 to 4, are to be satisfied 189-85 of this Federal Law, respectively: 1) before the completion of the calculations with all creditors, but after the completion of payments with the first queue creditors whose claims were set before the start of the calculation with them; 2) until the completion of the calculations with first creditors whose claims were are installed prior to the start of the calculation with them. 14. Claims by creditors of the second queue, which are pre-settled with all creditors, including after the closure of the register of claims of creditors, are to be satisfied in a manner similar to that set out in paragraph 12 of this article. 15. In the case of arbitration proceedings before the arbitral tribunal, the date of the commencement of the calculation of the dispute between the insolvency representative and the creditor upon the creditor's claim prior to the closure of the creditors ' claims, The insolvency representative is obliged to reserve funds in an amount sufficient to satisfy the creditors ' claims in proportion to the requirements of the creditor. 16. If, at the time of the commencement of the calculation with the Agency, the Agency and the purchaser of the property and the obligations of the bank have concluded a contract according to which, in accordance with article 189-54, paragraph 3, of this Federal Act, the Agency is entitled fulfil its obligation to compensate the purchaser of the value of the property returned in reverse order, the insolvency representative is required to reserve funds in an amount sufficient to satisfy the satisfaction of the bank. of the requirements of the Agency, taking into account the value limit of the value of the property, that can be returned in reverse order. 17. The satisfaction of the creditors ' claims and the claims to which creditors are subject to the settlement between the insolvency representative and the creditor (s) are considered to be extinguated. 18. The application of the claims of creditors by the award of compensation is limited to the property of the credit institution not sold or transferred in accordance with article 189-89 of this Federal Law. 19. Only the property of the debtor not encumbered by the bond may be awarded as a criminal offence. 20. The granting of creditors 'claims by granting the award of compensation is subject to the order and proportionality of the creditors' claims. 21. The meeting of creditors 'claims by creditors or the creditor committee shall be subject to the granting of creditors' claims. The creditors ' meeting or the creditor committee shall approve the proposal of the insolvency representative to provide the details of the composition of the property, its value, the order and the time limits for the creditors to make claims consent to the payment of claims by the provision of compensatory time off, the distribution of property among creditors in the case of one claim by several creditors, the manner in which the agreements are concluded. 22. The value of the property proposed for transfer to creditors is determined by the creditors ' meeting or by the creditor committee. 23. In order to transfer the credit institution's creditors to the creditors of the credit institution, the insolvency representative shall submit to the creditor or creditors a proposal to settle their claims by granting the approved by a meeting of creditors or a creditor committee. 24. Where the number of creditors whose claims are not met exceeds fifty, the appropriate notification of the proposal to creditors to settle their claims by granting the award of compensation to the creditors A single federal bankruptcy register within five working days from the date of approval by the meeting of creditors or the creditor committee of the tender insolvency representative to award the credit institution's creditors with a criminal offence. 25. In accordance with paragraph 24 of this article, the insolvency representative is obliged to include the text of a proposal to settle the claims of creditors of the credit institution by providing the details of bankruptcy in the Single Federal Register. 26. The proposal referred to in paragraph 21 of this article shall contain: 1) the name, location of the debtor credit institution and other details; 2) the name to be determined in accordance with this article. the value of the property proposed for transfer to creditors and other particulars of such property; 3) the manner in which creditors are made aware of such property; 4) the details of the insolvency representative, including name (s) and address of the insolvency representative In order to send him correspondence; 5) the period of submission by creditors of the credit institution of consent to settle their claims by providing a foot which cannot be less than thirty days from the date of dispatch bid manager for repaying the creditors of the credit institution by providing the rest or from the date of the inclusion of the proposal to settle the claims of creditors of the credit institution by granting the debt to the United States. Federal bankruptcy register. 27. The property of the credit institution shall be transferred to the creditors who submitted their applications to the insolvency representative within the time limit set out in the insolvency representative's proposal. 28. The creditor's application to settle its claim by providing the award should include details of the property claimed by the creditor. 29. A creditor that has not submitted a request for consent to the insolvency representative by granting an uninformed and (or) uninformed property shall be deemed to have waived its claim by providing the foot. 30. The property of the credit institution provided as compensation shall be distributed to the creditors who have submitted to the insolvency representative the consent to settle their claims by granting the foot, on a first-come, first-served basis, Article 189-92 of this Federal Act, in proportion to the size of the claims paid by these creditors by the provision of compensation. 31. The bailout of creditors ' claims by entering into an agreement on the novation of the obligation, as well as by crediting the claims in the course of the insolvency proceeding, is not permitted under the bankruptcy of credit organizations. 32. The claims of creditors not satisfied owing to the debtor's insufficiency are considered to have been settled. The claims of creditors not recognized by the insolvency representative are also considered to be extinguated unless the arbitral tribunal or the arbitral tribunal has been found to be unsubstantiated by the arbitral tribunal. 33. The insolvency representative shall enter into the register of creditors 'claims for payment of the creditors' claims. 34. The details of the repayment of claims of creditors of each queue are sent to the Bank of Russia not later than within five days from the day of the completion of the calculations with the creditors of the relevant queue. 35. In respect of claims arising from financial contracts whose obligations are determined in accordance with article 4-1 of this Federal Law, the provisions of this article shall apply only to the requirements of creditors net obligations. Article 189-97. Liability of a third person for illegal receipt of the property of a credit institution 1. A creditor whose claims have not been fully satisfied due to the lack of assets of the credit institution has the right to claim against a third party, including another creditor who has been illicitly acquired by the credit institution. 2. A creditor whose claims were not fully satisfied due to insufficient assets of the credit institution, are entitled to appeal to the court, the arbitral tribunal, the arbitral tribunal and the arbitration court to claim the illegally obtained property of the credit institution. Organizing and seeking to recover the property in the amount of claims remaining outstanding during the insolvency proceedings. 3. The illegality of obtaining the property of a credit institution by a third person is determined by the court, the arbitral tribunal and the arbitral tribunal by invalidating the transaction in which the third person was transferred to the credit institution OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. In the case of satisfaction of the court, the arbitral tribunal, the arbitral tribunal, the claim of which the creditor was not satisfied in full due to the lack of property of the credit institution, becomes the beneficiary in the case of the property, regardless of the grounds on which the third person's receipt of the assets of the credit institution was found to be unlawful. In the absence of such property, or upon application by a third person, the court, the arbitral tribunal, the arbitral tribunal may grant the claim of the creditor by collection of the relevant amount without seeking the recovery of the property of the credit institution. 5. The sale (s) of the property to which the recovery is directed shall be effected by the sale of the property from public tender in accordance with the procedure established by the procedural law. 6. The Isqs referred to in paragraph 1 of this article may be filed within ten years from the day of the completion of the bankruptcy proceedings, regardless of the grounds on which the third person's receipt of the property of the credit institution is illegal. Article 189-98. Interim liquidation balance and liquidation balance 1. Following the compilation and closure of the register of creditor claims, the insolvency representative shall, within a period not later than six months from the date of commencement of the insolvency proceedings, draw up an interim liquidation balance, which shall contain information on the composition of the property the credit institution being dissolved, the list of creditors ' claims, as well as information on the payments made to creditors of the first stage. The period for the compilation of the register of creditors ' claims and the period for establishing the interim liquidation balance may be extended by the arbitral tribunal upon the application of the insolvency representative. 2. The interim liquidation balance and liquidation balance shall be prepared in accordance with the Bank of Russia regulations and submitted to the Bank of Russia for approval. The period of approval by the Bank of Russia of the interim liquidation balance and the liquidation balance may not exceed thirty days from the date of receipt of documents established by Bank of Russia regulations to the Bank of Russia. Article 189-99. The { \cs6\f1\cf6\lang1024 } CompetieControl { \cs6\f1\cf6\lang1024 } { \b } { \b After the completion of the accounts with the creditors, the reconciliation of the liquidation balance, and the termination of insolvency proceedings in the case provided for in article 189-70, paragraph 1, paragraph 1, of this Federal Act, The manager is obliged to submit to the arbitral tribunal a report on the results of the competitive process. 2. The report of the tender manager on the results of the competitive process is attached: 1) liquidation balance; 2) documents confirming the sale of the property of the credit institution and the grounds for write-off property; 3) a register of creditor claims, with an indication of the size of the payable claims of creditors. Article 189-100. Finalization of the competitive process 1. After examination by the arbitral tribunal of a report by the insolvency representative on the results of the insolvency proceedings, the arbitral tribunal shall determine whether the insolvency proceedings have been completed or if the claims of creditors are settled in accordance with Article 189-93 of this Federal Law defines the termination of insolvency proceedings, which are sent to the insolvency representative and the Bank of Russia. 2. The definition of the completion of the insolvency proceedings and the determination of the termination of the bankruptcy proceedings are to be carried out immediately. 3. In the case of a decision to terminate the bankruptcy proceedings, the decision of the arbitral tribunal to declare the credit institution bankrupt and the commencement of the insolvency proceedings is not subject to further execution. 4. In the Bank of Russia, the competition manager is obliged to submit to the Bank of Russia a definition of the arbitration court and other documents in accordance with the federal law "On State Administration". Registration of legal entities and individual entrepreneurs "and the Federal Law" On Banks and Banking Activities ". 5. The incorporation into a single State register of legal entities of the State registration of a credit institution in connection with its liquidation is carried out in accordance with the procedure established by the Federal Law " On State Registration of Legal Persons and Individual entrepreneurs ", taking into account the peculiarities of the said registration, established by the Federal Law" On Banks and Banking Activities ". Article 189-101. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 The founder (participant) of the credit institution, who is bankrupt, is entitled, in accordance with the procedure established by this Federal Law, to obtain the value or a portion of the property of the credit institution remaining after the settlement with its creditors -Remaining assets). The transfer and distribution of remaining property among the founders (participants) of the credit institution shall be made in the order of priority and in the manner prescribed by federal laws, taking into account the peculiarities of the present by paragraph. 2. If the credit institution has the remaining assets, the insolvency representative of the Bank of Russia will send a notification to the founders (participants) of the credit institution of their right to receive the remaining balance of the credit institution. The remaining property or the right of its founders (participants) to receive the property remaining in the United Federal Register of Bankruptcy and the right of its founders (participants) to receive the property. 3. Application of the founding member (participant) of the credit institution of the intention to receive the remaining property shall be sent to the insolvency representative within one month from the day of the notification of the right to receive the remaining property or to be included in the A unified federal register of bankruptcy information in accordance with paragraph 2 of this article. 4. Statement of the founder (participant) of the credit organization of intention to receive the remaining property is sent in writing and includes: 1) the information about the founder (participant) of the credit institution; 2) last name, name, patronymic, date of birth, identity documents, postal address to send mail, bank account details (if any) to transfer funds (for natural person); 3) name, location, bank account details for the enumeration Cash (for legal person); 4) an indication that the applicant is a founder (participant) of the credit institution and the will to receive the remaining property. 5. The statement of the founder (participant) of the credit institution of the intention to obtain the remaining property shall be accompanied by copies of the documents duly certified and attested by the right to receive the remaining property. 6. The insolvency representative shall consider the application of the founder (participant) of the credit institution to receive the remaining property within ten working days of receipt of the application. As a result of its consideration of the application, the insolvency representative shall provide him with a notification of the amount of the remaining property to be paid to the founder (s) of the credit institution. In the event that, as of the date of consideration of the application, such person is not the founder (participant) of the credit institution, the insolvency representative shall notify such person of the refusal of the transfer of the remaining property. The remaining property may be transferred to the founders (participants) who submitted the declaration in accordance with paragraph 3 of this article to the shared ownership. 7. The objections of the founder (member) of the credit institution with respect to the failure to transfer the remaining property may be filed with the arbitral tribunal within five working days from the date of receipt by the founder (participant) of the credit institution of the notification of the insolvency representative. The founder (participant) of the credit institution is considered by the arbitral tribunal in accordance with the procedure established by article 60 of this Federal Law. 8. If it is not possible to transfer the remaining property in accordance with this article, the insolvency representative shall dispose of it (except the rights of the claim) in the manner prescribed by article 148 of this Federal Act, taking into account the circumstances, of the present article. 9. If it is not possible to transfer the claim under this article, the remaining rights of the claim are written off by the insolvency representative from the balance of the credit institution. 10. In the event that the creditors of the credit institution were not satisfied with the full extent of the claim, the creditors refused to accept the remaining assets to settle their claims, which were offered for sale but were not sold during the auction In the absence of a declaration by the founding members (participants) of the intention to obtain the remaining assets, the insolvency representative shall dispose of the remaining assets in accordance with the procedure established by article 148 of this Federal Act, taking into account the specific features of this article . Article 189-102. Recognition of the credit institution being liquidated bankrupt 1. If the value of the property of the credit institution in respect of which the decision on liquidation is taken is insufficient to satisfy the creditors ' claims of the credit institution, such a credit institution shall be liquidated in the manner provided for in the present report. by paragraph. 2. In the event that the circumstances referred to in paragraph 1 of this article are discovered, the creditors of the credit institution and the Bank of Russia have the right to apply for recognition of the credit institution to be liquidated. 3. In the event that the circumstances referred to in paragraph 1 of the present article are discovered, the liquidation commission (liquidator) of the liquidating credit institution is obliged to apply to the arbitral tribunal within ten days for recognition of the dissolved. the credit institution is bankrupt. 4. The arbitral tribunal shall decide on the recognition of the bankrupt credit institution by the declaration of the persons referred to in paragraphs 2 and 3 of this article no later than one month after the determination of acceptance by the arbitral tribunal. the statement. Article 189-103. Features of the { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b After the award has been made by the arbitral tribunal for the bankruptcy of the bankrupt credit institution and the commencement of the insolvency proceedings, the proceedings for the compulsory liquidation of the credit institution are to be discontinued and the case file The forced liquidation of the credit institution is subject to the bankruptcy of the credit institution. 2. The insolvency representative shall publish the information referred to in paragraphs 1 to 3, 6 and 7 of article 189-74, paragraph 2, of this Federal Act. 3. The insolvency representative may not perform the duties established in article 189-78 of this Federal Act if they were performed during the compulsory liquidation of the credit institution. 4. The creditors ' meeting or the creditor committee formed during the forced liquidation of the credit institution continues to exercise its powers. Article 189-104. { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \cs6\f1\cf6\lang1024 } The creditors ' claims brought against the credit institution during its forced liquidation and included in the registry of creditors of the credit institution shall be deemed to be established in the size, composition and priority of the credit institution. which are defined by the liquidator in accordance with this Federal Law and are included in the register of creditor claims. 2. Within one month of the publication of the declaration of the bankruptcy of the bankrupt credit institution, the creditors are entitled to submit their claims to the dissolved credit institution in accordance with article 189-85 of this Federal Act. of the law. 3. During the insolvency proceedings in the case of the bankruptcy of the credit institution for which the liquidation was carried out, the first order of creditors is satisfied in accordance with the procedure established by article 189-94 The Federal Act, unless otherwise specified in this article. Pre-payment to creditors of the first stage shall be made only if the payments to the creditors are not made in the course of the liquidation of the credit institution. The Bank of Russia is determined in accordance with the requirements of the Federal Law of July 29, 2004 No. 96-FZ " On the payment of the Bank of Russia on deposits of individuals in recognized bankrupt banks. Insurance of deposits of individuals in the banks of the Russian Federation " less the amount of payments made during the compulsory liquidation of the credit institution. 4. Provisional payments to first-turn creditors commence no later than thirty calendar days from the date of the first issue of the announcement of the credit institution's bankruptcy and the commencement of the insolvency proceedings and not earlier than through Ten calendar days from the date of publication of the declaration of order and the conditions for the initial payment of the first priority to the creditors, and shall be carried out within three months of that date. Article 189-105. Bankruptcy of the missing credit organization 1. In cases where the debtor's credit institution has actually terminated its activity, there is no or if it is not possible to establish its location and the place of residence of its managers, a declaration of acceptance of such a credit The organization may be filed by a competitive creditor, an authorized body, and also by the Bank of Russia, regardless of the size of the accounts payable. 2. The arbitral tribunal in the thirty-day period from the date of acceptance of the application for recognition of the absent credit institution shall rule on the recognition of the debtor's absent credit organization and the opening of the competition production. The Agency shall be approved by the insolvency representative of the debtor's missing credit organization. No remuneration is assigned to the Agency for the exercise of the powers of the insolvency representative of the debtor. 3. The insolvency representative shall notify in writing of the bankruptcy of the absent credit organization of all the creditors who are known to the credit institution, who may present their claim within thirty days from the date of receipt of the notice The requirements of the insolvency representative. 4. At the request of the insolvency representative, upon finding the property of a missing credit institution, the arbitral tribunal may decide to terminate the simplified bankruptcy proceedings and to proceed with the bankruptcy proceedings, provided for in this paragraph. 5. The satisfaction of the creditors ' claims of the debtor's absent credit institution shall be carried out in the order of priority provided for in article 189-92 of this Federal Law. However, court costs are not covered. 6. The decision of the arbitration court on the recognition of the bankrupt credit institution is sent to the Bank of Russia, as well as to the federal executive authority, which performs state registration of legal entities, which enters into a single entity. The public register of legal entities that the credit institution is in the process of liquidation. "; 23) Chapter IX to supplement paragraph 8 with the following: " § 8. { \b } { \b } { \b } { \b } { \b } { \b Bankruptcy of the actor and client participant of the clearing 1. Articles 185-2-185-7 and paragraph 4-1 of this chapter apply to the bankruptcy of a member of the clearing, who is a professional participant in the securities market, and a member of the credit institution, respectively (subject to (a) The purpose of the communication is to: 2. When an observation is made, a member of the clearing is not entitled: 1) to make transactions at its own expense or at the expense of the customer, if at the time of their commission of the property or money, it is not sufficient to fulfill the obligations on this and earlier prisoners Transactions. This requirement does not apply to cases where a participant is entitled to claim the property in a quantity and time frame in which he or she is authorized to perform his or her duties; (2) use money in a special brokerable account or a special trading account of the clearing account; 3) to use its own property as enforcement the obligations of third parties; 4) to provide their own property in loan; 5) enter into contracts without the consent of the interim manager. 3. Monetary funds, securities and/or other property of a participant in clearing remaining after the cessation of the obligations of the clearing party from the financial contracts in accordance with article 4-1 of this Federal Law shall be included in the the number of participants in the clearing process. 4. Cash and/or other property transferred by the client of the client, as a professional participant in the securities market, and is not a professional member of the securities market, including the participant of the clearing- The credit institution, in accordance with the Federal Act on Clearing and Clearing Activity as security and in the clearing account, is not included in the bidding mass of the clearing account. If one of the bankruptcy procedures is established for the clearing participant, the transfer of the debt and the assignment of the requirements of the contracting party to the obligations arising from the contracts entered into at the customer's account, as well as the transfer of the property of the customer, which is the subject of enforcement of such obligations, to another participant in clearing by a clearing organization, without the consent of the creditors ' meeting (committee of creditors) and the arbitral tribunal in the cases and in the manner in which it is is provided by the Federal Act on Clearing and Clearing Activity. In case of failure to transfer the duty and assignment of the requirement of the participant of the clearing, as well as the transfer of the client's property to another participant of the clearing in accordance with the Federal Law "On clearing and clearing" " money, securities, and (or) other property left to the clearing organization after the performance of the net obligation of the contracts entered into by the client at the client's account shall be returned to the client of the clearing in The procedure provided for in article 201 to 17 of this Federal Act. 5. In the event that the rights of securities are taken into account in the commercial account of the owner, the open participant of the clearing and/or the customer of the principal, and/or the trading account of the holder of the nominal holder and/or of the trustee, open to the participant From the date of the award by the arbitral tribunal of the decision to admit the participant of the bankrupt and the opening of the insolvency proceedings, and to the credit institution from the date of revocation of the license for banking operations, which date has come before, the order of the account is exercised by Clearing organization, which has the right to order such an account in accordance with the Federal Law on Clearing and Clearing Activity. 6. In the case of a participant in the clearing in accordance with the Federal Act on Clearing and Clearing Activity of a separate accounting of the property of the customer provided as security and the obligations of the contracting party arising from the contracts, Prisoners at the expense of this client, the arbitral manager is obliged to provide information about such customers, the information about the customer's property of the customer, details of the obligations to be fulfilled by the account and (or) in favor of the customer of each such customer, clearing organization. 7. The arbitration manager, in the event of a client's debt to the clearing party, shall collect such debts in accordance with the procedure provided for in the legislation of the Russian Federation. 8. In case of bankruptcy proceedings against the client of the client of the clearing, and in the case of a customer-credit organization also in case of withdrawal of the license to carry out banking operations, cash, securities and (or) other The property transferred by this client under the Federal Act on Clearing and Clearing Activity as security and remaining after the cessation of the obligation of the participant to the clearing account shall be included in the The insolvency estate. Termination of the obligation shall be carried out on the date determined in accordance with the rules of the clearing or on the date following the date of the award by the arbitral tribunal of the client's recognition of the participant in the clearing and the opening of the competition In the case of a credit institution, the date on which the credit institution was granted a licence to perform banking operations, whichever was earlier, was the date of the withdrawal. Article 201-17. Client requirements for clearing 1. In the course of the proceedings for the bankruptcy of the principal, for the purposes of satisfying the requirements of the client of the clearing, the arbitration manager or the registry shall maintain the registry of the client of the clearing in the order provided for in the article 185-3 of this Federal Law for the maintenance of the register of clients of the professional participant of the securities market, managing company, clearing organization. 2. In the case of cash, securities and/or other property remaining from the clearing organization after the performance of the net obligation of the contracts entered into by the client of the clearing at the customer's account (s), sufficient satisfaction Customer requirements, such requirements are met in full. 3. In the case of cash, securities and/or other property remaining from the clearing organization after the performance of the net obligation of the contracts entered into by the client of the clearing account at the expense of the customer (s), it is not sufficient to satisfy the requirements of the clearing organization. The full requirements of such customers are transferred in a quantity proportional to the size of the customer's requirements. 4. Unmet client requirements are to be included in the register of creditors and are satisfied as part of the creditors ' claims of Release 3. 5. If, after six months from the date of the award by the arbitral tribunal for the admission of a participant in the clearing and the commencement of the insolvency proceedings, the assets of the clients were not transferred to them, the insolvency representative shall transfer the property to the deposit notary. ". Article 8 Article 8 Act No. 177-FZ of 23 December 2003 on insurance of deposits of natural persons OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, 2003, N 52, sect. 5029; 2006, N 31 3449; 2007, N 12, est. 1350; 2008, N 42, sect. 4699; N 52, sect. 6225; 2011, N 1, sect. 49; N 27, est. 3873; N 49, sect. 7059; 2013, No. 19, sect. 2308; N 27, sect. 3438; N 49, sect. 6336; N 52, sect. 6975; 2014, N 14, est. 1533; N 30, sect. 4219) The following changes: 1) paragraph 6 of article 5, paragraph 6, after the words "nominal accounts," with the words " with the exception of certain nominal accounts which are opened to the guardians or custodians and beneficiaries Trust, "to be supplemented by the words", unless otherwise specified by this Federal Law "; 2), to be supplemented by Part 4, part 4, as follows: " 4. Under the contract of the nominal account, the rights of the depositor under this Federal Act shall acquire the natural person who is the beneficiary of the account. "; The participation of the Agency in the settlement of the bank's obligations under the Federal Act of 26 October 2002, No. 127-FZ "On insolvency (bankruptcy)" (hereinafter referred to as the Federal Law "On insolvency (bankruptcy)"; 4) in article 11: (a) Part 2 is supplemented by the words " unless otherwise specified by the Federal Law "; b) Part 3 is supplemented by the words" (with the exception of the accounts provided by Art. 12-1 of this Federal Law) "; 5) to supplement article 12-1 as follows: " Article 12-1. Features of the cash insurance, settled in the settlement account, open for real estate sales transactions 1. The funds held in the account of the Escrow, opened by a natural person (depositor) for the purchase and sale of immovable property, are to be insured under this Federal Act in the period from the date of registration of the documents, submitted for State registration of rights before the expiry of three working days from the date of the State registration of rights in the Single State Register of Rights to Real Property, or until the expiration of three working days from the date of the decision to refuse in the State registration of the law, or until the expiry of three working days from the date of Termination of State registration of the right. 2. In the event of an insured event within the period provided for in part 1 of this article, the period of insurance of the money placed in the account of the Escrow, the right to receive the insurance covered by Part 3 of this Article shall be insured A natural person who is the deponent or, if the contract is established by an Escape account to transfer money to the beneficiary, is a natural person who is a beneficiary under the contract of the Escrow account. Those individuals shall have all the rights of the contributor provided for in this chapter. 3. Reimbursement under the Escrow account opened for settlement of real estate transactions shall be paid at the rate of 100 per cent of the amount in the account at the time of the occurrence of the insured event, but not more than 10 million. -Ruble. 4. Reimbursement shall be calculated and paid separately from other contributions, subject to the provisions of article 11, paragraph 3, of this Federal Act. 5. The Agency, with respect to the bank's obligations to the depositors, has been requested by the federal executive authority to register and deal with real property rights in the State Register. State cadastre of immovable property, the maintenance of the State real property cadastre (hereinafter referred to as the State registration authority), information confirming that the State registration of rights has been carried out Real estate and transactions on the day of the offensive Insurance. The procedure for requesting and submitting this information shall be established by the authority exercising State registration of rights in agreement with the Agency. 6. If the depositor has several accounts under this article in one bank, the cumulative amount of the obligations of the depositor in these accounts exceeds 10 million depositors. The reimbursement shall be paid on each of these deposits in proportion to their size. 7. If the bank in respect of which the insurance occurred was also a creditor, the amount of compensation under the Escrow account provided for in part 2 of this article shall be determined on the basis of the difference between the amount of the bank's liabilities to that person and the sum of the counterclaims of the bank that arose prior to the day of the accident, except for the bank's counterclaims to the said individual under the credit contracts secured by the bank the purchase or sale of a dwelling by the Federal Act of 25 February 1999 on the insolvency (bankruptcy) of credit organizations. ")" to be replaced by the Federal Law on Insolvency (bankruptcy), the words "Federal Act No. 175-FZ of 27 October 2008" on additional measures to strengthen the stability of the banking system up to 31 December (hereinafter referred to as the Federal Law " On additional measures for strengthening of the the stability of the banking system until 31 December 2014 ")," delete; 7) in article 15, paragraph 4, of the phrase "the insolvency (bankruptcy) of credit institutions" should be replaced by the words "Federal Law" "Insolvency (bankruptcy)"; 8) in article 16, paragraph 3, of the words "the insolvency (bankruptcy) of credit institutions" by the Federal Act " On additional measures to strengthen the stability of the banking system in the period until 31 December 2014, delete, add to the words "and other federal" "; 9) in article 19, paragraph 2, the word" rate "shall be replaced by the words" the amount of the basic, additional and increased additional rate "; 10) in article 21, paragraph 10, of the Insolvency Law (bankruptcy) Replace the words "the insolvency law" with the "insolvency" ("bankruptcy"). In order to establish an additional or increased additional rate of insurance premiums in respect of the bank, the Bank of Russia will send to the Agency no later than 45 days after the end of the quarter, in accordance with the regulatory act of the Bank of Russia. The conformity of the bank with the criteria for the payment of an additional or increased additional rate stipulated by sections 7-4 and 7-5 of Article 36 of this Federal Law. "; " 3-1. The Agency has the right, in respect of the bank's obligations to the depositors, to request information in the bodies exercising public registration of rights to confirm that the State registration of rights has been exercised. for real estate and transactions with him, as of the day of the accident. The procedure for requesting and reporting the information shall be established by the federal authority in the area of State registration, in consultation with the Agency. "; 13) in article 35, paragraph 1, the words" one for all banks and " shall be deleted; 14) in Article 36: (a) of Part 4-7, amend to read: " 4. The base premium rate cannot exceed 0.15 per cent of the estimated base for the last calculation period. 5. In the cases provided for by this Federal Law, the basic rate of contribution may be increased to 0.3 per cent of the calculation base, but not for more than two calculations for 18 months. 6. The base premium rate cannot exceed 0.05 per cent of the design base from the calculation period following the calculation period, in which the amount of the funds of the compulsory deposit insurance fund, including the funds invested, The Agency, in accordance with the procedure established by this Federal Law, will exceed 5% of the total amount of deposits in banks. 7. The base, additional and increased premium rates shall be established by the Board of Directors of the Agency and shall apply to the calculation basis established in part 2 of this article. When the premium rates are changed, the new premium rates are introduced no earlier than 45 days after the corresponding decision is made. "; b) to supplement 7-1-7-8 as follows: " 7-1. The base premium rate is set in a single bank for all banks and is paid by all banks. The premium rate is set at no more than 50 per cent of the base rate for all banks. The increased premium rate is set at no more than 500 per cent of the base rate for all banks. 7-2. For the purpose of establishing banks paying an additional rate or an increased premium rate, the Bank of Russia determines the basic level of profitability of deposits made in the currency of the Russian Federation. by calculating the average interest rate from the maximised interest rate on deposits in banks that have combined two thirds of the total population of banks in the Russian Federation in respect of of deposits that meet the conditions set by the Bank's regulatory act Russia for the purpose of calculating the basic level of profitability of deposits. 7-3. The base rate of return on deposits in the currency of the Russian Federation and foreign currency is determined on a monthly basis according to the Bank of Russia regulatory act, disclosed by the Bank of Russia to an unlimited number of individuals and is brought to the level of the Bank of Russia. Banks are no later than three working days before the start of each month. 7-4. The additional premium rate is paid by banks that have raised at least one deposit during any quarter of the quarter, or have entered into a contract to modify the terms of the bank's contribution to the terms of the profitability of the deposit that includes itself interest payments and other material benefit in excess of more than two, but not more than three percentage points, of the annual base rate of return on deposits defined by the Bank of Russia for the relevant month for deposits in currency The Russian Federation or foreign currency. 7-5. Increased additional premium rates are paid by banks in the event or in cases where: they raised at least one deposit or concluded a contract to modify the terms of the bank deposit during any quarter of the quarter In terms of the profitability of the contribution, which includes interest payments and other material benefit, in excess of over three percentage points of the annual base rate of return on deposits, as determined by the Bank of Russia for the relevant month For deposits in the currency of the Russian Federation or foreign currency; The bank's financial situation is in line with the Bank of Russia's statutory act criteria for the payment of a higher additional rate. 7-6. The procedure for determining the amount of other material benefit in determining the profitability of the deposit is established by the Bank of Russia regulatory act. 7-7. The bank's financial position is estimated by the Bank of Russia on the basis of: (1) indicators from the number of indicators set out in article 44, paragraph 3, of this Federal Law of Indicators; (2) the presence of measures in force against the bank limits on the implementation of individual transactions, and (or) limits on the amount of interest the bank determines in bank deposit contracts and (or) a ban on individual banking transactions covered by the licence Banking operations, and (or) prohibition of opening of branches. 7-8. The procedure for the recognition of the financial position of the bank with respect to the payment of an additional premium rate, including the composition and methodology used for calculating the financial position, shall be established. The regulatory act of the Bank of Russia. "; in Part 8, as follows: " 8. The decision to set the rates of insurance premiums is published in the Bank of Russia Bulletin and the Russian newspaper no later than five days from the day of its adoption. "; Part 10, paragraph 10, should read: " 10. The establishment of additional and increased premium rates for the bank is carried out by the Agency on the basis of information provided by the Bank of Russia in accordance with Part 8 of Article 27 of this Federal Law. Information on the establishment and size of an additional or increased premium rate is made by the Agency to the bank not later than the second month of the second month of the quarter following the calculation period. "; d) in Part 11. The words "within 25 days of the end of the calculation period" shall be replaced by the words "no later than the last working day of the second month of the quarter following the calculation period,"; (e) Part 13 should read: " 13. In the event of disagreement by the bank with respect to its additional or increased premium rate, it may apply to the Bank within 15 days of the date of receipt from the Agency of the information referred to in Part 10 of this Article Russia has filed an application for non-dispatch to banks that pay an additional or increased additional rate of insurance premiums in accordance with the procedure established by Bank of Russia regulations. Following a review of the bank's application, the Bank of Russia will submit to the Agency changes to previously sent information about the bank's compliance with the criteria for payment of additional or increased interest. An additional rate or informs the bank and the Agency of the bank's rejection of the bank's application. The Agency shall inform the bank concerned and the Bank of Russia within five working days from the date of their receipt, if the changes to the information previously received by the Agency result in a change in the amount of the premium to be paid. The Bank of Russia. The bank's application to the Bank of Russia does not exempt the bank from the obligation to pay the insurance contribution within the deadlines set out in Part 11 of this Article. The amount of the overpaid insurance contributions (s) for the calculation period shall be offset against the payment of arrears of the bank for contributions (s) for other calculation periods or for forthcoming payments or return in the event of termination in accordance with under article 35 of this Federal Act, the bank is liable to pay insurance premiums. "; 15) in part 1 of article 40 of the insolvency (bankruptcy) of credit organizations, by the Federal Act on the Additional Act. measures to strengthen the stability of the banking system up to 31 December "The insolvency (bankruptcy)", "the insolvency (bankruptcy)", other federal laws, "; 16) Article 44, paragraph 4, paragraph 4, of the insolvency (bankruptcy) of credit organizations to be replaced by the words "article 189-9 of the Federal Law on Insolvency (bankruptcy)"; 17) in article 50, paragraph 1, of the phrase Federal Act on Banks and Banking The Act "On additional measures to strengthen the stability of the banking system in the period until 31 December 2014", "and the words" dated October 26, 2002, N. 127-FZ "," On additional measures to strengthen the stability of the banking system ", with the words "and other federal laws". Article 9 Amend the Federal Law of July 29, 2004 N 96-FZ " On the payment of the Bank of Russia on deposits of individuals in According to the document, the Russian Federation has recognized banks not participating in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation. 3232; 2006, N 31, 100 3449; 2007, N 12, est. 1350; 2008, N 42, sect. 4699; N 52, sect. 6225) the following changes: 1) in article 5, paragraph 2 of the words "Federal Act No. 40 of 25 February 1999 on the insolvency (bankruptcy) of credit organizations" (hereinafter referred to as "the insolvency (bankruptcy) of credit institutions"). " (...) (...) (...) "; (2) in article 6: (a) in Part 1: in the first paragraph of the first word" Federal Act on insolvency (bankruptcy) of credit organizations ", replace by the words" paragraph 4-1 of chapter IX of the Federal Law " "Insolvency (bankruptcy)"; , in the second word "Federal Act on the insolvency (bankruptcy) of credit organizations", replace the words "paragraph 4-1 of Chapter IX of the Federal Act on Insolvency (bankruptcy)"; (...) (...) "Replace" with the words "paragraph 4 of Chapter IX of the Federal Law on Insolvency (bankruptcy)." Article 10 Article 10 href=" ?docbody= &prevDoc= 102365299&backlink=1 & &nd=102117007 "target="contents"> dated October 2, 2007 N 229-FZ " On executive production " (Russian legislature, 2007, N 41, p. 4849; 2011, N 27, sect. 3873; N 49, sect. 7067; 2012, N 31, sect. 4333; 2013, N 51, sect. 6,699) the following changes: 1) in part 11-1 of Article 70 of the phrase "Federal Act No. 40 of 25 February 1999 on insolvency (bankruptcy) of credit organizations" be replaced by the words " Federal Act of 26 October 2002 N 127-FZ "Insolvency (bankruptcy)"; 2) in part 7 of article 81 of the phrase "Federal Act No. 40 of 25 February 1999 on insolvency (bankruptcy) of credit organizations" be replaced by the words " of the Federal Act of 26 October 2002 N 127-FZ "On insolvency (bankruptcy)". Article 11 Article 19 of the Federal Law of 24 April 2008 N 48-FZ "On guardianship and trusteeship" (Legislative Assembly of the Russian Federation, 2008, N 17, sect. 1755; 2014, N 45, sect. 6143) to be supplemented with Parts 3-1 and 3-2 as follows: " 3-1. In case the total amount of money held in the account or accounts in one bank exceeds the amount provided by the Federal Law of 23 December 2003 No. 177-FZ "Insurance of deposits of individuals in banks of the Russian Federation". The following working day shall be notified by the bank not later than the following working day to the tutor or guardian, and to the tutorship and guardianship agency on the amount of such excess and the consequences of such excess. 3-2. The requirements set out in parts 3 and 3 to 1 of this article also apply to funds held in a nominal account that is opened by a trustee or guardian and the beneficiary is a ward, such a nominal account. shall be opened by the guardian or tutor for each ward. " Article 12 Article 10, paragraph 2, of the Federal Law of 18 July 2009 of the year N 181-FZ " On the use of public securities The Russian Federation to increase the capitalization of banks. 3618; 2012, N 31, est. 4334) the words "Articles 4, 9-1 and 12 of the Federal Act of 25 February 1999 N 40-FZ" (bankruptcy) of credit organizations "be replaced by the words" Articles 189-10, 189-17 and 189-20 of the Federal Act of 26 October 2002 " "insolvency (bankruptcy)". Article 13 Article 6, paragraph 3, of the Federal Law of 2 July 2013, N 146-FZ " OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3438) the words "from 1 January 2015" should be replaced by the words "from 1 January 2016". Article 14 1. Recognize the invalidated: 1) Federal Law of 25 February 1999 N 40-FZ "On the insolvency (bankruptcy) of credit institutions" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1097); 2) Federal Act No. 86 of 19 June 2001 on amendments and additions to the Federal Law on Insolvency (...) (...) 2590); 3) Article 2, paragraph 37, of the Federal Law of 21 March 2002 N 31-FZ " On the approximation of the laws of the Republic of the Federal Law on State Registration of Legal Persons (Assembly of Laws of the Russian Federation, 2002, N 12, Art. 1093); 4) Federal Act No. 121-FZ of 20 August 2004 amending the Federal Act on insolvency (bankruptcy) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3536); 5) Article 30 of the Federal Law of 18 December 2006 N 231-FZ " On the introduction of Part Four of the Civil Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5497); 6) Article 1 of the Federal Law of December 29, 2006 N 247-FZ "On amendments to Articles 50 to 36 and 50 to 39 of the Federal Law" "The insolvency (bankruptcy) of credit organizations" and article 72 of the Federal Law "On the Central Bank of the Russian Federation" (Assembly of Laws of the Russian Federation, 2007, N 1, Art. 10); 7) Article 66 of the Federal Law of 23 July 2008 N 160-FZ " On amending certain legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3616); 8) Federal Act No. 175-FZ of 27 October 2008 on additional measures to strengthen the stability of the banking system until 31 December 2014 " (Legislative Assembly of the Russian Federation, 2008, 4981); 9) Article 2 of the Federal Law of 22 December 2008 N 270-FZ "On amendments to the Federal Law" On Insurance of Deposits OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6225); 10) Article 1, paragraph 135, of the Federal Law of 30 December 2008 N 296-FZ "On amendments to the federal law" (...) (...) 4); 11) Article 2 of the Federal Law of 28 April 2009 N 73-FZ "On amending certain legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2153); 12) Federal Act of 19 July 2009 No. 193-FZ " On amending article 11 of the Federal Act on additional measures In order to strengthen the stability of the banking system in the period up to 31 December 2011 " (Legislative Assembly of the Russian Federation, 2009, N 29, art. 3630); 13) paragraphs 3, 4, and paragraph 35 of Article 6 of the Federal Law of 22 April 2010, N 65-FZ " On amendments OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1988); 14) Article 3 of the Federal Law of 7 February 2011 N 8-FZ "On introducing amendments to certain legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 905); 15) Article 7 of the Federal Law of 27 June 2011, No. 162-FZ " On amendments to selected legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3873); 16) Article 8 of the Federal Law of 21 November 2011, No. 3327-FZ " On amendments to selected legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6728); 17) Article 1 of the Federal Law of 3 December 2011, No. 381-FZ "On amendments to the federal law" On additional measures In order to strengthen the stability of the banking system up to December 31, 2011 "and Article 4 of the Federal Law" On Amendments to the Federal Law on Non-Profit Organizations " and certain legislative acts of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7059); 18) Article 8 of the Federal Law of 6 December 2011 N 409-FZ "On introducing amendments to certain legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7351); 19) Article 3 of the Federal Law of 28 July 2012, No. 144-FZ "On introducing amendments to selected legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4333); 20) Article 2 of the Federal Law of 7 May 2013, N 81-FZ "On amendments to the Federal Law" On deposit insurance The Law "On additional measures to strengthen the stability of the banking system in the period up to 31 December 2014" (Collection of Laws of the Russian Federation, 2013, No. 2308); 21) Article 2 of the Federal Law of 2 July 2013 N 146-FZ "On amendments to selected legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION "Article 4 of the Federal Law of 5 May 2014" On Amendments to the Federal Law "On the National Payment" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2317); 23) Article 6 and Part 8 of Article 21 of the Federal Law of 21 July 2014 N 218-FZ "On amendments to selected legislative measures" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4219); 24) Article 2 of the Federal Law of 4 October 2014 N 289-FZ "On amending certain legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5320); 25) Federal Law of 14 October 2014 N 304-FZ " On Amending Article 50-30 of the Federal Law on Insolvency Law " (Bankruptcy of the Russian Federation, 2014, N 42, Art. 5612). 2. Article 4 of the Federal Law of June 28, 2014 No. 189-FZ "On amendments to the federal law on credit histories" and individual legislative acts. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3395) delete. Article 15 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Article 7, paragraph 11, of this Federal Law shall enter into force at the expiration of one hundred and ten days after the date of entry into force of this Federal Act. 3. Paragraph 4 of Article 6 of this Federal Law shall enter into force on 1 March 2015. 4. Paragraph 8 of Article 1 of this Federal Law shall enter into force on January 1, 2016. 4-1. The provisions of article 139, paragraph 4, of the Federal Act of 26 October 2002 No. 127-FZ "On insolvency (bankruptcy)" (in the wording of this Federal Act) do not apply to the sale of an enterprise or part of the property of the debtor in a tender, If a communication concerning the sale of the enterprise or part of the debtor's property by means of a public offering has been published in an official publication before the day of entry into force of article 7, paragraph 11, of this Federal Act. (Part of the addition is the Federal Law of 29.06.2015). N 154-F) 5. Provisions of Article 11 (3) and Articles 12-1 of the Federal Law of 23 December 2003 N 177-FZ "On Insurance of Deposits of Natural Persons in Banks of the Russian Federation" The Federation (in the wording of this Federal Law) applies to insurance cases that have applied against banks after April 1, 2015. 6. Parts 7 to 4, first and second paragraphs 7 to 5 of Article 36 of the Federal Law of 23 December 2003 N 177-FZ " On Insurance of Deposits of the Physical "Persons in banks of the Russian Federation" (in the wording of this Federal Law) apply from July 1, 2015. 7. Provisions of article 36, paragraph 3, of Article 36 of the Federal Law of 23 December 2003 No. 177-FZ " On Insurance of Deposits of Natural Persons in Banks The Russian Federation " (in the wording of this Federal Law) shall be applied as from 1 January 2016. 8. Effect of the provisions of the Federal Law of October 26, 2002, No. 127-FZ "On insolvency (bankruptcy)" (as amended by this Federal Law) applies to legal relations that have arisen prior to the day of the entry into force of this Federal Law, in connection with the implementation of the Agency's participation plans in the prevention of the bank's bankruptcies, approved by the Bank of Russia in accordance with the law. Federal law N 175-FZ" On additional measures to enhance the stability of the banking system up to December 31, 2014. " 9. The rules set out in article 189-40 of the Federal Law of October 26, 2002, No. 127-FZ "On insolvency (bankruptcy)" The Federal Act also applies to the consideration of applications for the annulment of transactions made before the date of the entry into force of this Federal Act, unless a court action is entered into force on that day. the statement. 10. The provisions of chapter IX, section 8, of the Federal Law of 26 October 2002, No. 127-FZ "On insolvency (bankruptcy)" Federal Act) is applied by arbitral tribunals in cases of bankruptcy proceedings initiated after the day of the entry into force of this Federal Act. 11. The provisions of chapter IX, section 8, of the Federal Law of 26 October 2002, No. 127-FZ "On insolvency (bankruptcy)" Federal law) is also applied by arbitration courts in cases of bankruptcy of the participants in the clearing which are professional participants in the securities market, and the clients of the participants in the clearing where the proceedings have been initiated The entry into force of this Federal Act. Clients ' requirements are met by the rules of the Federal Law of October 26, 2002 N 127-FZ " (...) (...) 12. Since the completion of the procedure in the case concerning the bankruptcy of a member of the clearing, which is not a professional member of the securities market and entered into force of this Federal Law, the provisions of the Federal Law dated October 26, 2002 N 127-FZ "On insolvency (bankruptcy)" (in the wording of this Federal Law) applies to legal relations that have arisen with Completion of the relevant procedure in the case of Bankruptcy, regardless of the date of the bankruptcy case, except for bankruptcy cases, where creditors have commenced payments under the creditor claims register. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 22, 2014 N 432-FZ