On Amendments To Certain Legislative Acts Of The Russian Federation And Repealing Certain Legislative Acts (Provisions Of Legislative Acts) Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации и признании утратившими силу отдельных законодательных актов (положений законодательных актов) Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW on amendments to certain legislative acts of the Russian Federation and repealing certain legislative acts (provisions of legislative acts) adopted by the State Duma of the Russian Federation December 16, 2014 years approved by the Federation Council December 17, 2014 onwards (as amended by the federal laws of 29.06.2015 N 154-FZ;
from 29.06.2015 N 186-FL) Article 1 amend the Federal law on banks and banking activities "(as amended by federal law from February 3, 1996 N 17-ФЗ) (statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 27, p. 357; Collection of laws of the Russian Federation, 1996, no. 6, art. 492; 1998, N 31, art. 3829; 2001, N 26, art. 2586; N 33, art. 3424; 2002, N 12, art. 1093; 2003, no. 27, art. 2700; N 50, art. 4855; N 52, art. 5033; 2004, N 27, art. 2711; 2005, N 1, art. 18, 45; 2006, no. 19, art. 2061; 2007, N 31, art. 4011; N 41, art. 4845; 2009, N 1, art. 23; N 9, art. 1043; N 18, art. 2153; N 23, art. 2776; N 30, art. 3739; 2010, N 31, art. 4193; N 47, St. 6028; 2011, N 7, art. 905; N 27, art. 3873; N 29, art. 4291; N 48, art. 6730; N 49, St. 7069; N 50, art. 7351; 2012 N 27, art. 3588; N 31, art. 4333; N 50, art. 6954; N 53, art. 7605, 7607; 2013, N 11, art. 1076; N 19, art. 2317, 2329; N 26, art. 3207; N 27, art. 3438, 3477; N 30, art. 4084; N 51, art. 6699; 2014, N 26, art. 3395; N 30, art. 4219; N 40, St. 5320) as follows: 1) in the first part of article 16: (a)) in paragraph 1: in the sixth paragraph, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law of October 26, 2002 N 127-FZ" on Insolvency (bankruptcy) "(hereinafter referred to as the Federal law on Insolvency (bankruptcy)") ";
in the eighth paragraph of the words "federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law on Insolvency (bankruptcy)", the words "the obligation to pay the compulsory payments, if from the date of acceptance by arbitration court decisions declaring the credit institution bankrupt less than three years" were replaced by the words "the obligation to pay the mandatory payments or responsibility in the form of recovery of damages in favour of the credit institution, if from the date of the execution of the duties of the person established by a judicial act, less than five years ";
b) in paragraph 5: the ninth paragraph the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law on Insolvency (bankruptcy)";
in paragraph 11, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law on Insolvency (bankruptcy)", the words "the obligation to pay the compulsory payments, if from the date of acceptance by arbitration court decisions declaring the credit institution bankrupt less than 10 years" were replaced by the words "the obligation to pay the mandatory payments or responsibility in the form of recovery of damages in favour of the credit institution, if from the date of the execution of the duties of the person established by a judicial act, less than five years ";
2) in article 20: (a)) in paragraph 8, the words "the first part of the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
b) part two: the first paragraph of paragraph 1 shall be amended as follows: "1) if the value of all own funds adequacy standards (capital) a credit institution is below two percent".
in paragraph 3, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
in the seventh), the words "of the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "of the Federal law on Insolvency (bankruptcy)";
g) in the second paragraph, the words "of the eighth of the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
d) item 1 of the ninth, after the words "before the date of revocation of a license for carrying out banking operations shall be supplemented with the words" unless otherwise stipulated in the Federal law ", add the words" or on the date fixed by the Federal law or in accordance with the established procedure ";
(e)) item 1 part of the tenth, after the words "the Federal law on Insolvency (bankruptcy)" add the words "and this article";
f) supplemented by a new part of the eleventh as follows: "employees of the credit institution concerning the payment of termination benefits, compensation and other payments, the amount of which is determined by the relevant employment contract, in the event of termination the portion exceeding the minimum size of the payments established by labour legislation, are not current liabilities.";
w) part of the eleventh considered part of twelfth;
and) part of the twelfth thirteenth and considered part of it: in paragraph 6, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
supplement paragraph 8 to read as follows: "8) assign (requirements) and (or) translate admitted to debt clearing obligations arising from contracts concluded by the credit institution at the expense of the client (customer), as well as to transfer of property which is the subject of a security for the performance of such obligations in the cases and pursuant to procedure prescribed by the Federal law" on clearing and clearing activities "and clearing rules.";
3) in part of the eighth article 23, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
4) Article 23-1: a) the first part of the word "federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
b), the words "in the second part of the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
5) Article 23-2: a), the words "in the first part of the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
b) in section 5, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
in the sixth), the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
6) in the second part of article 23-3 the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
7) Article 23-4: a) the first part of the word "federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
b), the words "in the second part of the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law on Insolvency (bankruptcy)";
in part three) words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
g) in section 5, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
d) Sixth, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law on Insolvency (bankruptcy)";
e) seventh, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law on Insolvency (bankruptcy)";
8) article 24 shall be amended as follows: "article 24. Ensuring the financial soundness of a credit institution in order to ensure the financial reliability of the credit institution (credit institution the parent banking group) is required to create reserves (funds), including impairment of securities, order of formation and use of which is established by the Bank of Russia. Minimum size of reserves (funds) are established by the Bank of Russia.

Credit institution (credit institution the parent banking group) is obliged to carry out the classification of assets, allocating doubtful and bad debts, and create reserves (funds) to cover possible losses in the manner prescribed by the Bank of Russia.
Credit institution (credit institution the parent banking group) must comply with mandatory regulations, including individual limit values of the obligatory standards established in accordance with the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)". The numeric values of the obligatory standards are fixed in accordance with the Federal law.
Credit institution (credit institution the parent banking group) must create a system risk and capital management, internal control, consistent with the nature and scale of operations, and level combination of accepted risks, taking into account established by the Bank of Russia of requirements for risk and capital management systems, internal control of a credit institution, the banking group.
Credit institutions at the request of the Bank of Russia develop and submit rehabilitation plans providing for financial stability including measures to ensure compliance with the requirements of the normative acts of the Bank of Russia, as well as make changes to restore the financial sustainability of the plans to ensure compliance with the requirements for their content.
Credit institutions defined as systemically important based on the methodology established by the regulation of the Bank of Russia in compliance with the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)", are required to develop and submit to the Bank of Russia plans to restore financial stability, as well as to make changes in plans for the restoration of financial stability.
Credit institutions registered in the territory of the Russian Federation and are umbrella organizations consisting of banking groups, has the right to develop plans for rebuilding the financial sustainability of the banking groups, changes in plans for rebuilding their financial sustainability.
Credit institutions registered in the territory of the Russian Federation and the parties to the banking groups, credit institutions which develop and submit to the Bank of Russia plans to restore the financial stability of the banking groups, in consultation with the Bank of Russia might not develop recovery plans of financial stability on an individual basis (except the systemically important credit institutions) in case measures to restore the financial soundness of credit institutions contained in the full recovery of financial sustainability plans of banking groups.
Credit institutions registered in the territory of the Russian Federation and are members of the Bank Group (bank holding companies) or other associations with credit organizations, umbrella organizations that are registered in the territory of a foreign State, shall develop plans for restoring fiscal sustainability taking into account measures to restore the financial stability of the banking groups in case preparation and presentation of plans for the rehabilitation of the financial sustainability of the Bank Group (bank holding companies) and other associations with credit institutions prescribed by the laws of a foreign State the territory in which they are registered.
Content requirements, procedure and deadlines for the submission to the Bank of Russia plans to restore financial stability, changes in plans to restore financial stability, their scores are set by regulation of the Bank of Russia.
Credit institutions are obliged to inform the Bank of Russia on the occurrence of the event in their activities under the plan of restoration of financial stability, and deciding on the start of its implementation in the manner prescribed by regulations of the Bank of Russia.
The sole executive body of a credit organization when releasing him from Office is obliged to transfer the assets and documents of the credit organization person from among its leaders. In case there is no such person at the time of the dismissal of the sole executive body he is obliged to ensure the safety of the property and records of the credit institution, by notice of the action taken, the Bank of Russia.
Credit institution is obliged to establish a system of remuneration in whole or in part of the remuneration of persons referred to in article 60 of the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)", the head of risk management, the head of internal audit service, the head of the internal control of the credit institution and other executives (employees), decision makers on the implementation of the credit organization operations and other transactions, which may affect compliance with the credit institution of the obligatory standards or other situations threatening the interests of depositors and creditors, including the grounds for the implementation of measures for the prevention of insolvency (bankruptcy) of credit institutions, including the possibility of a reduction or cancellation of payments in the event of a negative financial result in the whole credit institution or at the direction of its activities.
Credit institution (credit institution the parent banking group credit organization-member banking group) must comply with the Bank of Russia to adequacy standards allowances funds (capital), established by the Bank of Russia methodology for calculating such allowances and the procedure for their enforcement, and restoration of own funds (capital).
Credit institution (credit institution the parent banking group credit organization-member banking group) can distribute profits (profits) between shareholders (participants) of a credit institution (credit institution headquartered banking group credit institution-Bank Group member), directing it to pay out dividends, redemption and (or) acquire shares of a credit institution (credit institution headquartered banking group credit institution-Bank Group member), to meet the demands of participants of the credit institution (credit institution headquartered banking group , credit institution-Bank Group member) on the compartment they share (or portion thereof) or payment of its actual value, as well as compensation and incentive payments to persons referred to in article 57-3 of the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)", if it does not lead to non-compliance with the credit institution (banking group) installed (installed) Bor allowances (allowances) to standards of adequacy of own funds (capital) ";
9) supplemented by article 25-1 to read: "article 25-1. Subordinated loans (deposits, loans, bonds) a credit institution under the subordinated loan (deposit, loan, bond loan) refers to credit (deposit, loan, bond offering) simultaneously satisfies the following conditions: If the term of the loan (deposit, loan), the maturity of the bonds shall be not less than five years or credit (deposit, loan) granted without specifying the period of repayment, maturity of bonds is not installed;
If the loan contract (deposit, loan) or registered bond issue terms and conditions contain provisions on impossibility without the approval of the Bank of Russia: early repayment of the loan (deposit, loan), or part thereof, as well as early interest for using credit (deposit, loan, bond loan) or early redemption or if credit (deposit, loan) granted without specifying the period of repayment, maturity of bonds is not installed, the loan (deposit , loan) or a portion of any repayment of the bonds, advance payment of interests for credit use (deposit, loan, bond loan);
termination of the loan agreement (deposit, loan) and (or) changes in this contract;
If the conditions for granting a credit (deposit, loan), including the interest rate and the terms of its revision at the time of conclusion of the contract (contract modification) is not significantly different from market conditions provide similar credits (deposits, loans), and paid interest on bonds and their terms of a revision do not differ substantially from the average level of interest on the same bonds at the time of their placement or the modification of the decision about the release of bonds;
If the loan contract (deposit, loan) or the conditions of the bond issue established registered decision on their release, contain a provision that in the case of insolvency (bankruptcy) of credit institutions under the loan requirements (deposit, loan, tendered), as well as on financial sanctions for failure to comply with obligations under subordinated loan (deposit, loan, tendered) shall be satisfied after satisfaction of the claims of all other creditors.

The lender on the subordinated loan (deposit, loan, tendered) cannot claim for refund credit (deposit, loan) or a portion of any repayment of the bonds, advance payment of interests for credit use (deposit, loan, bond loan) loan contract (deposit, loan) unless the loan repayment period came (deposit, loan), the maturity of the bonds set out in the second subparagraph of paragraph 1 of this article.
Subordinated loan agreement (deposit, loan) or the conditions of a subordinated bond issue can have a condition on the right of the credit institution to refuse unilaterally from paying interest on the subordinated loan contract (deposit, loan, bond issue). Implementation of a credit institution specified law does not entail the occurrence of financial sanctions for failure to pay interest on the subordinated loan contract (deposit, loan, bond issue).
If part six of this article provides otherwise, if the standard of sufficiency of own funds (capital) of the credit organization below the level of a specific regulation of the Bank of Russia to stop (barter, conversion) subordinated loan (deposit, loan, bond issue), as well as in the case of the approval of the Committee of banking supervision of the Bank of Russia, Public involvement plan Corporation "deposit insurance agency" (hereinafter referred to as the Agency) in the implementation of measures for the prevention of bankruptcy providing Agency financial assistance under paragraph 9 of article 189-48 the Federal law on Insolvency (bankruptcy) "obligations of the credit institution on the repayment of the principal on the contract of subordinated loan (deposit, loan) or under the terms of the bond, obligations on financial sanctions for failure to comply with obligations under subordinated loans (deposits, loans, bond) terminate to the extent necessary to achieve the value standard of sufficiency of own funds (capital) of the specified level or values of own funds adequacy standards (capital) established by the Bank of Russia in compliance with the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)" unpaid interest on such loans (deposits, loans, bond) are non-refundable and do not accumulate.
Information on reducing the standard of sufficiency of own funds (capital) of the credit organization below the level of a specific regulation of the Bank of Russia to stop (barter, conversion) subordinated loan (deposit, loan, bond issue) is a credit institution on the official website of the Bank of Russia in the field of information and telecommunications network "Internet" in the manner prescribed by regulations of the Bank of Russia. Information on the approval of the banking supervision Committee of the Bank of Russia plan participation of the Agency in the implementation of measures for the prevention of insolvency (bankruptcy) of the bank providing Agency financial assistance under part 9 of article 189-48 the Federal law on Insolvency (bankruptcy) ", hosted by the Bank of Russia on the official website in the information and telecommunication network" Internet ".
Subordinated loan agreement (deposit, loan, bond) or a decision about the release of bonds in cases stipulated by part four of the present article, may be provided for the implementation of the Exchange or conversion of creditor claims on subordinated loans (deposits, loans, bond), including unpaid interest on such loans (deposits, loans, bond), as well as on financial sanctions for failure to comply with obligations under subordinated loans (deposits, loans , bond) for the ordinary shares (shares in the Charter capital) a credit institution, including conversion credit institution bonds (bond) in ordinary shares (shares in authorized capital) of a credit organization.
Bank of Russia can produce a credit organization requirement of less than or of converting these creditors, as well as requirements on financial sanctions for failure to comply with obligations in the event of failure to comply with the specified conditions of less or conversion established by the Treaty of credit (loan deposit) or the issue terms of the bonds. In the event that the Bank of Russia of a credit organization requirement of less than or of conversion of creditor claims on subordinated loans (deposits, loans, bond) a credit institution is obliged to immediately notify its creditors of the Bank of Russia of such requirements, after which the creditors of the credit institution shall have the right to decide on the forgiveness of debt. The decision on debt forgiveness should be taken within the deadlines established by the Bank of Russia for the fulfillment of specified requirements as credit institution is obliged to notify the Bank of Russia. In the case of debt forgiveness by creditors on subordinated loans (deposits, loans, bond) requirement of the Bank of Russia of mene or conversion of creditor claims on subordinated loans (deposits, loans, bond) is considered to be cancelled.
The procedure for the implementation of the Exchange or conversion of creditor claims on subordinated loans (deposits, loans, bond), particularly the registration of relevant procedures, order, direction, and abolish the requirement of the Bank of Russia of mene or conversion of creditor claims on subordinated loans (deposits, loans, bond) are defined by the normative acts of the Bank of Russia.
In the case provided for in part six of this article, the Exchange or conversion of creditor claims on subordinated loans (deposits, loans, bond) ordinary shares (shares in the Charter capital) the number of authorized shares (shares) should not be less than the quantity needed for the conversion of such subordinated loans (deposits, loans, bond issues).
On the implementation of the Exchange or conversion of creditor claims on subordinated loans (deposits, loans, bond) for the ordinary shares (shares in the authorized capital of a credit institution) is not subject to the provisions of federal laws regulating: prior (subsequent) consent of the Bank of Russia for the purchase of stocks (shares) of a credit organization-borrower;
obtaining consent to deal with shares of a credit organization-the borrower the Federal competition authority (notification to the Federal competition authority);
acquisition of 30 percent or more of the ordinary shares of the credit organization-borrower, which is a joint-stock company;
the attraction of the State financial supervisory authority to determine the rates of placement of shares;
the implementation of the preferential right of persons having the preferential right to purchase additional common shares of the credit organization-borrower, a joint stock company.
To treaties of subordinated loan (deposit, loan) or the terms of the bond issue, the rules of the Civil Code of the Russian Federation on loan, Bank loan, contribution, donation apply taking into account the characteristics laid down in this article.
Established by article 17-1 April 22, 1996 federal law N 39-FZ "on securities market" conditions under which the issuer is obliged to repay bonds made to early maturity, do not apply to cases, if bond releases carried out by credit institutions and are subordinate in accordance with this article.
The provisions of the first and second parts of this article in part the provision of subordinated loan (deposit, loan, bond issue) without maturity, without determining the maturity of bonds, the provisions of subsections 3 and 4 of this article, as well as the provisions of part seventh of this article in part debt forgiveness in case of refusal of the credit organization from the performance of the requirements of the Bank of Russia of mene or conversion provided for specified part shall not apply to the provision of subordinated loans (deposits loans, bond issues) provided at the expense of the National Welfare Fund, including, in accordance with the Federal law of October 13, 2008 year N 173-FZ "on additional measures to support the financial system of the Russian Federation". ";
10) in article 26: (a) twenty-ninth part) shall be amended as follows:

"Credit institutions who are members of the Group of banks, bank holding company parties and other associations with credit institutions, with a view to reporting, banking group bank holding and credit associations with other organizations, including the definition of risks on a consolidated basis, the development and maintenance of up-to-date financial stability, recovery plans are, respectively, to the head of the banking group credit organization, the umbrella organization (management company), the bank holding company or other association with the participation of credit institutions information on its operations and on the operations of their customers and correspondents. ";
b) part of the thirty-first, insert the following text: "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 credit institutions, the banking groups and bank holdings, with the exception of information constituting a State secret, central banks and (or) other oversight bodies of foreign States responsible for banking supervision, as well as information contained in the Bank of Russia plans to restore the financial stability of credit organizations-participants of banking groups (bank holding companies) and other associations with credit institutions, with the exception of information constituting a State secret, central banks and (or) other foreign authorities responsible for resolving insolvency organizations are umbrella organizations Bank Group (bank holding company) and other associations, with the participation of credit institutions ";
in the new part of the supplement) thirty-second reading: "thirty-are set out in part 1 of this article the information available provided that the central banks and/or other oversight bodies of foreign States, in charge of banking supervision, and (or) other bodies of foreign States responsible for resolving insolvency organizations, level of protection (confidentiality) of the information provided is not less than the level of protection (confidentiality) of the information provided provided for by the legislation of the Russian Federation, and their failure to provide specified information to third parties, including law enforcement agencies, without the prior consent in writing of the Bank of Russia, except when the provision of such information to the courts in criminal cases. ";
g) part of the thirty-second and thirty-third count respectively parts of the thirty-third and thirty-fourth;
d) portion of the thirty-fourth considered part of the thirty-fifth and in her words "part of the thirty-second" were replaced by the words "part of the thirty-third";
(e)) part of the thirty-fifth regarded as part of the thirty-sixth.
Article 13, paragraph 2 of article 35 of the Federal law of December 26, 1995, N 208-FZ "about joint-stock societies" (collection of laws of the Russian Federation, 1996, no. 1, p. 1; 2001, no. 33, art. 3423; 2006, N 31, art. 3445; 2009, no. 52, art. 6428; 2011, N 30, art. 4576; N 49, St. 7040) the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law of October 26, 2002 N 127-FZ" on Insolvency (bankruptcy) ".
Article 3 paragraph 1 paragraph three of article 860-1 of part two of the Civil Code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 5, p. 410; 2013, N 51, art. 6699) add the words ", except in the cases specified by law".
Article 4 to amend the Federal law dated July 21, 1997 N 122-ФЗ "about the State registration of rights to real estate and transactions with it" (collection of laws of the Russian Federation, 1997, no. 30, art. 3594; 2003, no. 24, p. 2244; 2004, N 27, article 2711; N 35, St. 3607; 2005, N 1, art. 25; 2007, no. 41, art. 4845; N 46, art. 5553; 2008, no. 30, art. 3616; N 52, art. 6219; 2009, no. 52, art. 6410; 2010, no. 15, St. 1756; 2011, N 1, art. 47; N 30, art. 4562; N 49, St. 7061; N 50, art. 7347, 7359; 2012, N 31, art. 4322; 2013, N 30, art. 4083; 2014, N 26, art. 4477) as follows: 1 article 9, paragraph 3), supplemented by a paragraph reading: "State Corporation" deposit insurance agency "in the manner prescribed by the Federal Executive Body in the field of State registration of the agreement with the State Corporation" deposit insurance agency ", information confirming the fact of State registration of rights to real estate and transactions with it under the agreement of purchase and sale, in connection with which escrow account in Bank in respect of which the insured event, as on the day of occurrence. ";
2) in paragraph 4 of article 19: a) to complement the new second paragraph to read as follows: "in cases envisaged by the Federal law on Insolvency (bankruptcy)", the basis for suspending the State registration is also the appointment of the interim administration of the financial institution, which is the copyright holder or a party to a transaction. ";
b) second and third paragraphs take respectively the third and fourth paragraphs. ".
Article 5 the labour code of the Russian Federation (collection of laws of the Russian Federation, 2002, N 1, p. 3; 2004, no. 35, St. 3607; 2006, N 27, art. 2878; 2008, N 9, art. 812; 2010, no. 52, art. 7002; 2011, N 1, art. 49; 2012, N 14, art. 1553; N 50, art. 6954; 2013, no. 19, art. 2329; N 23, art. 2866, 2883; N 27, art. 3477; N 52, art. 6986; 2014, N 14, art. 1548; N 23, art. 2930) supplement article 349-4 read as follows: "article 349-4. Features of the regulation of the employment of certain categories of employees of credit institutions in the case within six months before the date of the approval by the Board of banking supervision of the Bank of Russia, public involvement plan Corporation "deposit insurance agency" (hereinafter referred to as the Agency) in the implementation of measures to prevent the bankruptcy of the Bank remuneration of the head of the Bank in respect of which the Agency carried out measures to prevent bankruptcy, his deputies, members of the collegial body of the Bank, Chief Accountant , his deputies, the head of the Bank's branch, Deputy Chief Accountant of a branch established the labor contract concluded with such persons was increased compared to the size of the payment, prior to the beginning of the specified term, the terms of the employment contract, changing the wage shall terminate as from the date of approval of the plan for the participation of the Agency in the implementation of measures to prevent bankruptcy.
In case of approval of the plan for the participation of the Agency in the implementation of measures to prevent the bankruptcy of the persons described in paragraph 1 of this article, payment of severance compensation and other payments in connection with the termination of the employment contract (including on the initiative of the employee, or by agreement of the parties) of the labour legislation, collective agreement, agreements, local regulations, labor contracts in the portion exceeding the minimum size of the payments provided for in article 181 of this code are not counted.
In the case of a revocation (cancellation) of a license for carrying out banking operations of the employer-credit organization downtime employees are paid in accordance with part 2 of article 157 of this code. ".
Article 6 to amend the Federal law dated July 10, 2002 N 86-FZ "on the Central Bank of the Russian Federation (Bank of Russia)" (collection of laws of the Russian Federation, 2002, N 28, art. 2790; 2004, N 31, art. 3233; 2005, N 25, art. 2426; 2007, N 1, art. 10; 2008, N 42, art. 4696, 4699; N 44, art. 4982; 2009, no. 1 art. 25; N 48, art. 5731; 2010, no. 45, art. 5756; 2011, N 7, art. 907; N 27, art. 3873; N 43, St. 5973; N 48, art. 6728; 2012, N 53, art. 7591; 2013, N 27, art. 3438, 3476; N 30, art. 4084; N 49, St. 6336; N 52, art. 6975; 2014, N 26, art. 3395; N 30, art. 4219; (N) 45, St. 6154) as follows: 1) in the first part of article 18: (a) paragraph 9 item 17th) add the words "and the implementation of measures to prevent bank failures";
b) shall be amended with paragraph 17-3 as follows: "17-3) approves the baseline yield on bank deposit agreements";
in paragraph 17-supplement) 4 to read as follows: "17-4) approves the acceptance of the Bank's financial situation, the relevant criteria for the payment of the increased additional premiums in the mandatory deposit insurance fund. ';
2) part of the fifth article 46, after the words "compensations on deposits" add the words "and to implement measures to prevent bank failures";
3) Article 51: (a)) in the third part of the second sentence should be deleted;
b) complement the fourth and fifth instalments as follows:

"The Bank of Russia has the right to grant the Central Bank and (or) other authority of a foreign State, which is responsible for settling insolvency organizations are umbrella organizations Bank Group (bank holding company) and other associations, with the participation of credit institutions, the information contained in the Bank of Russia plans to restore the financial soundness of credit institutions-members of such groups of banks (bank holding companies) and other associations with credit institutions, except for the information State secrets.
Referred to in this article information (information) and (or) documents provided by the Bank of Russia to the Central Bank, and (or) other authority, oversight of a foreign State, which is responsible for bank supervision, and (or) other authority of a foreign State, which is responsible for settling insolvency organizations, provided that the legislation of the foreign State provides a level of protection (confidentiality) provided by the Bank of Russia information (information) and (or) documents not less than the level of protection (confidentiality) provided information (information) and (or) documents provided for by the legislation of the Russian Federation and in case relations on Exchange of information (information) and (or) documents governed by international treaties, in accordance with the terms of such treaties and provided they are not providing to third parties, including law enforcement agencies, without the prior written consent of the Bank of Russia, except for the provision of such information to the Court in a criminal case. ";
4) article 57 shall be amended as follows: "article 57. Bank in Russia sets mandatory for credit institutions, the rules for banking operations, accounting and reporting rules of drafting and presentation of financial and statistical reporting, as well as other information provided for by federal laws. Bank in Russia sets required for banking groups reporting rules needed to supervise credit institutions on a consolidated basis, the submission to the Bank of Russia and disclosure reporting, banking groups, established by the Federal law "on banks and banking activities". Bank in Russia sets required for bank holding companies, the rules for the preparation and submission of information necessary for risk assessment bank holding and supervising credit organizations-participants of bank holding companies, submitting to the Bank of Russia and disclosure reporting of bank holding companies, established by the Federal law "on banks and banking activities". While the Bank of Russia to install rules apply in respect of financial, statistical and other reports, which shall be drawn up for the period beginning not earlier than the date of publication of the said regulation.
For the performance of 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, parent credit institutions banking groups and umbrella organizations of bank holding companies, information on the activities of credit organizations, respectively, banking groups and bank holdings, including information about banking groups and bank holding companies, that are not credit institutions require clarification of information received.
The Bank of Russia has the right to demand from credit institutions the drafting and presentation of plans for the rehabilitation of financial stability, calling for including measures to ensure compliance with the requirements of the normative acts of the Bank of Russia, as well as changes in the recovery plans of financial sustainability, to ensure compliance with the requirements to their content.
Credit institutions which are parent organizations consisting of banking groups, has the right to develop plans for rebuilding the financial sustainability of the banking groups, changes in plans to restore financial stability.
Systemically important credit institutions is determined on the basis of the methodology established by the normative acts of the Bank of Russia.
The Bank of Russia has a right to set for systemically important credit institutions procedure for calculating liquidity standards and limit values.
Systemically important credit institutions are obliged to develop and submit to the Bank of Russia plans to restore financial stability, as well as to make changes in plans for the restoration of financial stability.
Bank of Russia carries out an assessment of the recovery plans of financial stability, changes in plans to restore financial stability.
Content requirements, procedure and deadlines for the submission to the Bank of Russia plans to restore financial stability, changes in plans to restore financial stability, the order of their assessment establishes the normative act of the Bank of Russia.
The Bank of Russia on the basis of systemically important lenders recovery plans financial sustainability develops action plans in respect of such credit institutions, containing measures in case activities under the recovery plans of financial stability, will not lead to the restoration of their financial sustainability.
For the compilation of the banking and monetary statistics, balance of payments of the Russian Federation, Russian Federation financial account in the system of national accounts, as well as for the analysis of the economic situation, the Bank of Russia has the right to seek and receive information on a non-reimbursable basis from federal bodies of executive power, territorial bodies of legal entities.
The Bank of Russia has the right to request and obtain from the credit bureaus credit reports credit history subjects.
Feedback from legal persons, information on specific operations shall not be disclosed without the consent of the legal entity, except for the cases stipulated by federal laws.
Bank of Russia publishes aggregated statistical and analytical information on the banking system of the Russian Federation.
The provisions of this article shall apply to information collected by the Bank of Russia and passed them on behalf of the Government of the Russian Federation to the international organizations. ";
5) article 64 supplement part 3 as follows: "Dependent, the child and the main company 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 limited liability companies ".";
6) article 67 supplement parts of second and third reading: "the Bank of Russia has the right to impose a surcharge to be norms of sufficiency of own funds (capital) of the credit institution, the banking group (allowance for maintaining capital adequacy, counter-cyclical allowance) and for systemically important credit institutions for banking groups, parent organization or party that is systemically important financial institution, also a premium for systemic importance, methods of their calculation, the order of their compliance and restore credit institutions (credit institutions the parent banking group , credit organizations-participants of the Bank Group) of their own funds (capital) in order to comply with these allowances.
The Bank of Russia in determining compliance allowances provided by paragraph 2 of this article, and restore credit organizations (umbrella banking group credit institutions, credit organizations-participants of the Bank Group) of their own funds (capital) in order to comply with these allowances shall establish the size of the profits that credit institutions (head of the banking group of credit institutions, credit organizations-participants of the Bank Group) cannot dispense with taking into account the need for the restoration of own funds (capital) calculation method for the purposes of this part, as well as the procedure for sending credit organizations (umbrella banking group credit institutions, credit organizations-participants of the Bank Group) Bank of Russia notified of that calculation, the procedure for drawing up a plan to restore the values of own funds (capital) and its harmonization with the Bank of Russia ";
7) article 72: a) the second part add the words ", as well as in other cases stipulated by this federal law";
b) in section 5, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law of October 26, 2002 N 127-FZ" on Insolvency (bankruptcy) "(hereinafter referred to as the Federal law on Insolvency (bankruptcy)") ";
in the seventh), the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
g) Supplement part of the eighth as follows:

"The Bank of Russia is entitled to initiate the credit organization requirement of mene (conversion) of the claims of creditors of the credit institution on subordinated loans (deposits, loans, bond) on the grounds and in the manner established by regulation of the Bank of Russia";
8) Article 74: a) in the second part: in paragraph 5, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
in paragraph 6, the words "to invite the founders (participants)" were replaced by the words "require the founders (participants);
b) part sixth worded as follows: "If a shareholder (member) the credit institution has violated the procedure of disclosure of information about persons under control or significant influence which is a credit institution, in accordance with the Federal law of December 23, 2003 N 177-FZ" on insurance of deposits of natural persons in banks of the Russian Federation ", and (or) not performed when there are no grounds for the implementation of measures to prevent bankruptcy credit organization responsibilities entrusted to it by the normative legal acts, and (or) made a transaction with the credit organization, which (who) led (led to) a violation of the credit institution of the obligatory standards and (or) shareholder (member) of the credit organization led to a breach of the credit institution (credit institution headquartered banking group credit institution-party banking group) requirements of the Federal law "on banks and banking activities" on compliance established by the Bank of Russia to the performance scheme sufficiency of own funds (capital) and (or) set by the Bank of Russia methods of their calculation and their respect for and restoration of own funds (capital), the Bank of Russia no later than 30 calendar days from the date of discovery violations directs such shareholder (party) a precept about how violations of and (or) a precept on the implementation of measures that eliminate the admitted violation of the credit institution (hereinafter the implementing measures) when the violation does not exceed one year. Copies of these regulations shall be sent to the credit institution. ";
9) article 76: a) in paragraph 6, the words "the first part of the Federal law of October 27, 2008 year N 175-FZ" on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 year "were replaced by the words" paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy) ";
b), the words "in the second part of the Federal law of October 27, 2008 year N 175-FZ" on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 year "were replaced by the words" paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy) ".
Article 7 amend the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (collection of laws of the Russian Federation, 2002, no. 43, p. 4190; 2005, no. 44, art. 4471; 2007, N 7, art. 834; N 41, art. 4845; 2008, no. 49, St. 5748; 2009, N 1, art. 4, 14; N 18, art. 2153; N 29, art. 3632; 2010, N 17, art. 1988; 2011, N 1, art. 41; N 7, art. 905; N 29, art. 4301; N 48, art. 6728; N 49, St. 7015, 7024, 7040, 7068; N 50, art. 7351, 7357; 2012, N 31, art. 4333; N 53, art. 7607, 7619; 2013, N 26, art. 3207; N 27, art. 3477, 3481; N 30, art. 4084; N 52, art. 6975, 6979, 6984; 2014, N 30, art. 4217; N 49, St. 6914) as follows: 1) in article 4-1: a) paragraph 1, after the words "monetary obligation" add the words "(liabilities)" after the words "whose size is" add the words "()";
b third paragraph of subparagraph 3) paragraph 3 shall be amended as follows: "the General Agreement (the agreement) provides the requirements of subparagraph 2 of paragraph 3 of article 51-5 of the Federal law" on securities market "order termination of obligations in connection with the introduction of bankruptcy of one of the parties to the agreement (of a single Treaty) and determine the size of the net liabilities of the monetary obligations arising in connection with such termination;";
in) in paragraph 4, the words "of subparagraph 2 of paragraph 3 of article 51-5 of the Federal law" on securities market "were replaced by the words" sub-item 6-1 paragraph 2 of article 4 of the Federal law "on clearing and clearing activities";
2) paragraph four of article 10, paragraph 4, after the words "at the time of the determination, on the introduction of surveillance" add the words "(or to the day of the appointment of the interim administration, financial institution);
3) second paragraph of paragraph 2 of article 19 shall be supplemented with the words "or before the date of the appointment of the interim administration, financial institution (depending on what date occurred earlier), any person having or delivered during this period, the ability to define the actions of the debtor";
4) in paragraph 1 of article 20 of the third paragraph, the words "and the Federal law of February 25, 1999 N 40-FZ" on Insolvency (bankruptcy) of credit institutions "should be deleted;
5), in paragraph 3 of article 61-1, the words "within the framework of EurAsEC" should be deleted after the words "and other branches of legislation of the Russian Federation", add the words ", including final agreements or orders to increase wages, the payment of premiums or other payments in accordance with the labour legislation of the Russian Federation and to challenge themselves such payments";
6) article 61-4 complement paragraph 4 to read as follows: "4. Transactions involving the performance of monetary obligations arising from the loan agreement, may not be challenged under article 61-3 hereof, if the debtor did not have at the time of execution, arising from a credit agreement, other monetary obligations, entered into force, and the execution of an obligation arising from the loan agreement, did not differ on the timing and size of payments from defined in the credit agreement obligations.";
7-61) article 9 shall be amended as follows: "article 61-9. Persons authorized to apply on challenging transactions of the debtor 1. Statement on challenging transactions of the debtor may be filed in the Court of arbitration of the external Manager or the insolvency administrator on behalf of the debtor, on his own initiative or by a decision of the meeting of creditors, or the creditors ' Committee, with the limitation period shall be calculated from the time when the trustee knew or should have known about the existence of grounds for challenging the transactions stipulated by this federal law. Voices of the lender in respect of whom or in respect of affiliates which transaction are not counted in determining the quorum and decision by the Assembly (Committee) of creditors on the application contesting the deal. If a statement disputing a transaction pursuant to the decision of the Assembly (Committee) creditors will not be filed by the insolvency administrator within the prescribed period the decision, an appeal may be lodged by a representative Assembly (Committee) of creditors or other person authorized by the decision of the Assembly (Committee) creditors.
2. the statement of transactions of the debtor a challenge may be filed in bankruptcy court, along with the persons referred to in paragraph 1 of this article, the bankruptcy creditor or authorized body, if the amount payable before him on the roster of the claims of creditors representing more than ten percent of the total size of the Payables included in the register of creditors ' claims, not to mention the size of the lender's requirements in respect of which the transaction is disputed, and its affiliates.
3. In cases stipulated by this federal law, a statement disputing a transaction the debtor may be filed in the Court of arbitration of the interim administration, financial institution.
4. the requirement of transitional administrator financial organization concerning the recognition of agreement as invalid and application effects of invalidity is presented on behalf of the financial institution.
5. The statement of the head of the interim administration, financial institution on the recognition of agreement as invalid on the grounds set forth in article 61-2 or 3-61 of this federal law, as well as on grounds relating to the infringement of rules of this federal law shall be filed with the Arbitration Court at the location of the financial institution, but from the moment of institution of proceedings on bankruptcy of a financial institution and the date of the acceptance of its bankruptcy-bankruptcy financial institution.
6. the recognition of transactions initiated by the Arbitration Court at the suit of the head of the interim administration of the financial institution before the date of acceptance of its bankrupt, after such date shall be merged with its bankruptcy case and subject to further consideration in this case. Such a merger is made by the arbitral tribunal seised of bankruptcy of a financial institution.

7. the periods during which the committed transactions that may be considered null and void (article 61-2-61 and 3 hereof), or periods during which the obligations of the financial institution referred to in paragraph 4 of article 61-6 of this federal law shall be calculated from the date of appointment by the Bank of Russia of the interim administration of the financial institution.
8. The Statute of limitations for the request of the head of the interim administration of the financial institution on the recognition of agreement as invalid on the grounds set forth in article 61-2 or 3-61 of this federal law shall be calculated from the date on which the provisional authority knew or should have known about the existence of such grounds, as well as the bankruptcy of a financial institution, whichever event came later. ";
8) the first paragraph of article 82, paragraph 4, after the words "Administrative Manager" add the words "except as expressly provided for in this federal law,";
9 paragraph 4 of article 101) add the words ", as well as in other cases stipulated by this federal law";
10 article 112, paragraph 1) add the words ", if otherwise is not regulated by this federal law";
11) in paragraph 4 of article 139: a) the fifth paragraph shall be reworded as follows: "the right to purchase the debtor's property is owned by the bidder on the sale of the debtor's property through public offerings, who presented the bid deadline to tender, containing a proposal for a price of property of the debtor which is not lower than the initial sale price of property of the debtor, established for a certain period of bidding, in the absence of other bidders for the sale of the debtor's property through public offerings.";
b) complement the new sixth paragraph read as follows: "If several bidders for the sale of a debtor's assets through a public proposal submitted within the prescribed period applications containing various proposals on the price property of the debtor, but not lower than the initial sale price of property of the debtor, established for a certain period of bidding, the right to purchase the debtor's property is owned by the bidder offering the maximum price for the property.";
to complement the seventh paragraph) to read as follows: "If several bidders for the sale of a debtor's assets through a public proposal submitted within the prescribed period applications containing equal proposals about the price property of the debtor, but not lower than the initial sale price of property of the debtor, established for a certain period of bidding, the right to purchase the debtor's property is owned by the bidder, who first introduced within the prescribed period a request to participate in the tender for the sale of the debtor's property through public offerings.";
g) paragraph six considered the eighth paragraph;
12 article 140, paragraph 1) add the words ", if otherwise is not regulated by this federal law";
13 paragraph 3) article 180 shall be reworded as follows: "3. the relations associated with the insolvency (bankruptcy) of credit institutions, the provisions of this paragraph do not apply.
The relations associated with the insolvency (bankruptcy) of credit institutions governed by § 4-1 the present Federal law. ";
14) articles 181 and 182 shall be declared null and void;
15) subparagraph 5 of paragraph 7 of article 183-6 shall be amended as follows: "5) is the supervisory body employees, except in the case of the appointment of an interim administration in the Pension Fund, insurance organization.";
16) in article 183-8: a), the words "for a period" should be replaced by "1. For the period ";
b) shall be amended with paragraph 2 to read as follows: "2. The date of the appointment of an interim administration with executive bodies suspend the powers of the financial institution terminates powers of Attorney issued by the financial institution before the date of the appointment of the interim administration, including irrevocable.";
17) paragraph 4 of article 183-9 supplement subparagraph 3, reading as follows: ' 3) from the date of appointment of the interim administration and until the day the judgment of the Court of arbitration on the recognition of financial organization is insolvent (bankrupt) or the entry into force of the decisions of the arbitral tribunal of its liquidation or cessation of activities of the interim administration suspended state registration of transactions, transport, restrictions (encumbrance) rights on real estate owned by the financial institution on the property right other proprietary right or is it mortgaged. ";
18) article 184-1 supplement paragraphs 9 and 10 to read as follows: "9. In the interim administration of an insurance company may include employees of supervisory authority, as well as to harmonize with the deposit insurance agency, its employees. Nominations supervisory body employees and (or) Deposit Insurance Agency workers are included in the composition of the interim administration by order of the supervisory authority when approving the composition of the interim administration. When this supervisory authority prior to the approval of the composition of the Interim Administration may send nominations employees an SRO oversight body appointed Trustees, offering the candidacy of the head of the interim administration.
10. Under article 183-6 of this federal law, remuneration to the members of the interim administration of the insurance organization, are employees of the supervisory body, the Agency's employees not paid. ";
19) item 1 of article 185-1 shall be supplemented with the words "unless otherwise provided for in section 8 of this chapter";
20) second paragraph of item 3 of article 185-5 shall be invalidated;
21) paragraph 3 of article 187-3 shall be amended as follows: "3. The head of the interim administration, members of the Interim Administration appointed by the employees of non-government pension fund supervisory body. The head of the interim administration in case of suspension of the authority of the executive bodies of the private pension fund carries out activities on behalf of non-governmental pension fund without letter of attorney.
Transitional Administration is determined by order of the supervisory authority include monitoring body in Federal Register of information about bankruptcy no later than the next working day from the date of the enactment of the said Act. The head of the interim administration distributes responsibilities among the members of the interim administration and is responsible for its activities.
The composition of the interim administration in consultation with the Agency, its employees may be included.
Under article 183-6 of this federal law, the remuneration of the Chief Executive and members of the interim administration of non-governmental pension fund shall not be paid. ";
22) supplement paragraph 4-1 to read as follows: "§ 4-1. Bankruptcy of credit institutions Article 189-7. Legal regulation of bankruptcy of credit institutions 1. This paragraph establishes the procedure and conditions for the implementation of measures for the prevention of insolvency (bankruptcy) of credit institutions, as well as particular reasons and order acceptance credit institutions insolvent (bankrupt) and eliminate them in the order in which the bankruptcy proceedings.
2. Matters relating to the implementation of measures for the prevention of insolvency (bankruptcy) of credit institutions and not regulated by this federal law, shall be regulated by other federal laws and adopted in accordance with the normative acts of the Bank of Russia.
3. Relations connected with insolvency (bankruptcy) of credit institutions and not regulated by this paragraph, shall be governed by chapters I, III, III-1, VII and XI of this federal law, and in cases stipulated by this federal law, the regulations of the Bank of Russia.
Article 189-8. Insolvency (bankruptcy) of credit institutions 1. A credit institution shall be deemed unable to meet the demands of creditors on monetary obligations and (or) to fulfill the obligation to pay obligatory payments, if the respective responsibilities not executed it within fourteen days after the date of their execution and (or) the value of the property (assets) of the credit institution is insufficient for the execution of its obligations to creditors and (or) the obligation to pay the mandatory payments.
2. For the purposes of this section under the responsibility of the credit institution to pay obligatory payments refers to the obligation of the credit organization as an independent taxpayer to pay obligatory payments to the respective budgets, which are defined in accordance with this federal law, as well as the obligation to the credit institution for the execution of orders (orders) to transfer from the accounts of their customers ' payments to the relevant budgets.
Article 189-9. Measures to prevent bankruptcy of credit institutions 1. In accordance with this paragraph until the day of revocation of a license for carrying out banking operations are implemented the following measures to prevent bankruptcy of credit organizations:

1) financial improvement of the credit institution. For the purposes of this section under the financial recovery of the credit organization refers to the implementation of out-of-court measures stipulated by article 189-14 hereof;
2) the appointment of an interim administration for the management of the credit institution, except in the case of the appointment of an interim administration in connection with the withdrawal of a license for carrying out banking operations;
3) reorganization of the credit organization;
4) measures to prevent bankruptcy credit organization with permission (license) to attract cash assets of private individuals into deposits and to open and maintain bank accounts of physical persons, issued by the Bank of Russia in the manner prescribed by the Federal law "on banks and banking activities" (hereinafter referred to as the Bank), which are carried out with the participation of the Agency pursuant to this paragraph.
2. measures to prevent bankruptcy of credit institutions provided for in subparagraphs 1-3 paragraph 1 of the present article shall be exercised in the occurrence of the grounds stipulated in article 189-10 hereof.
3. measures to prevent bankruptcy banks stipulated by subparagraph 4 of paragraph 1 of this article shall be implemented when an grounds stipulated in article 189-47 of this federal law.
4. a credit institution, its founders (participants), the members of the Board of Directors (Supervisory Board), head of the credit organization, recognized in accordance with article 11-1 of the Federal Act "on banks and banking activities" (hereinafter referred to as the head of a credit organization), in the case of the grounds provided for in article 189-10 of this federal law, shall be obliged to take appropriate and timely measures on financial recovery and (or) credit restructuring of the organization.
5. the Bank of Russia in the manner prescribed by normative acts of the Bank of Russia, in case of grounds set out in article 189-10 of this federal law, shall be entitled to require that the credit organization in the implementation of measures to its financial recovery, reorganization, as well as to appoint a transitional administration on the management of the credit institution.
6. The requirement for the implementation of the measures for financial recovery of the credit institution are not forwarded if the Bank of Russia is obliged to withdraw from the credit organization license for carrying out banking operations on one or more of the grounds stipulated in part 2 of article 20 of the Federal Act "on banks and banking activities".
Article 189-10. Basis for implementation of measures to prevent bankruptcy credit institution unless otherwise stipulated by this federal law, measures to prevent bankruptcy credit organization provided for in paragraphs 1-3 of paragraph 1 of article 189-9 of this federal law, shall be carried out in cases where the credit institution: 1) does not meet repeatedly over the past six months, the claims of creditors (creditor) on monetary obligations (undertaking) and (or) fails to comply with the obligation to pay obligatory payments for up to three days from the date of their execution due to the lack or insufficiency of funds on the correspondent accounts of the credit organization;
2) does not satisfy the claims of creditors (creditor) on monetary obligations (undertaking) and (or) fails to comply with the obligation to pay obligatory payments in time, more than three days since the date of their satisfaction and (or) their date of execution, the lack or insufficiency of funds on the correspondent accounts of the credit organization;
3) allows the absolute decrease magnitude of own funds (capital) compared to their maximum value reached over the past twelve months, more than twenty per cent, while the violation of one of the obligatory standards established by the Bank of Russia;
4) infringes any of own funds adequacy standards (capital) of the Bank, the Bank of Russia;
5) current liquidity of a credit institution established by the Bank of Russia, during the last month by more than ten per cent;
6) allows a reduction of magnitude of own funds (capital) at the end of the reporting month to a level below the amount of the authorized capital, as defined by the founding documents of a credit institution registered in the order established by federal laws and adopted in accordance with the normative acts of the Bank of Russia. In the case of the base during the first two years from the date of issuance of a license for carrying out banking operations to the credit organization shall not apply measures to prevent bankruptcy.
Article 189-11. Duties of the credit organization when there are no grounds for the implementation of measures to prevent bankruptcy 1. From the day the cause under article 189-10 hereof and until the day they eliminate credit organization is obliged to notify the Bank of Russia: 1) concerning the carrying out of general meeting of founders (participants) of the credit organization, as well as the meetings of the Board of Directors (Supervisory Board) in the manner provided for notification of founders (participants), the members of the Board of Directors (Supervisory Board), the credit organization;
2) on transactions (several interrelated transactions): to be determined in accordance with the Federal Act interested or affiliated with respect to a credit institution, or of persons in respect of which a credit institution in accordance with the Federal law is the person or persons whose activities controls or significantly influences credit organization or persons under control or significant influence which is a credit institution;
related to the property (assets) of the credit organization, which costs more than one per cent of the book value of the assets of the credit institution, defined according to its financial statements for the last reporting date, or more than fifteen million rubles, if one percent of the book value of the assets of the credit institution is more than 15 million rubles, including related to immovable property, receiving and issuing loans, bills , operations with securities (including the issuance of own securities), the grant of guarantees and warranties, assignment of rights (demands), acceptance and forgiveness of debt, innovation, fall-back, as well as the establishment of asset management;
related to the acquisition of shares in the share capital of companies or participation in establishing the (establishment) of legal persons.
2. notification of transactions referred to in the second to fourth paragraphs of subparagraph 2 of paragraph 1 of this article shall be sent to the credit institution to the Bank of Russia in five-day's term from the date of the transaction.
3. the notification on holding the general meeting of founders (participants) of the credit institution, its Board of Directors (Supervisory Board) shall be forwarded to the Bank of Russia no later than five days before the holding of such meetings, sessions, except if the grounds provided for by article 189-10 hereof, arose within the established time-limit for notification under this paragraph. In this case, the credit institution shall notify the General Assembly of founders (participants) of the credit institution, its Board of Directors (Supervisory Board), no later than the day following the day the cause under article 189-10 hereof.
4. a credit institution that has provided for by article 189-10 this federal law grounds and measures on financial recovery without sending the Bank of Russia under article 189-20 requirements of this federal law shall notify the Bank of Russia of the events referred to in paragraph 1 of this article, from the date of removal of the grounds covered by article 189-10 hereof.
5. the Bank of Russia has the right to send an observer, observers to participate in the general meeting of founders (participants) of the credit organization, meeting of its Board of Directors (Supervisory Board).
6. Observer, observers are permitted to participate in the general meeting of founders (participants) of the credit organization, meeting of its Board of Directors (Supervisory Board) on the basis of the decision of the Bank of Russia.
7. Observer, observers are taking part in the general meeting of founders (participants) of the credit organization, meeting of its Board of Directors (Supervisory Board), without the right to vote, get acquainted with the protocols and other materials of such meetings, sessions.
Article 189-12. Responsibilities of the Director, the members of the management bodies, founders (participants) of a credit organization in case of signs of insolvency (bankruptcy) of credit institutions

1. in the event of signs of insolvency (bankruptcy) of credit institutions provided for in article 189-8 hereof, and (or) grounds, as provided in part 2 of article 20 of the Federal Act "on banks and banking activities", the sole executive body of a credit institution within ten days from the date of their occurrence shall: 1) to the Board of Directors (Supervisory Board) of the credit organization reasoned request to convene an extraordinary general meeting of founders (participants) of a credit organization to consider the Elimination of a credit organization and direction to the Bank of Russia motion for annulment or withdrawal of credit institution of a license for carrying out banking operations;
2) notify Russia of the credit organization mentioned signs of insolvency (bankruptcy) and (or) set forth the grounds and about the direction of the Board of Directors (Supervisory Board) of the credit organization provided for in the second subparagraph of this paragraph, the requirements.
2. within three days of receipt provided for in subparagraph 1 of paragraph 1 of this article the requirements of the individual executive body of the credit institution, the Board of Directors (Supervisory Board) a credit institution must: 1) decide to convene an extraordinary general meeting of founders (participants) of the credit organization, as well as not later than twenty days from the date of adoption of the decision to inform the founders (participants) of the credit institution for such a general meeting;
2) notice of the decision the sole executive body of a credit institution and the Bank of Russia.
3. If the sole executive body of a credit organization is not elected or appointed, not responsibility for the application of the measures imposed by paragraph 1 of this article, attributed to members of the Board of Directors (Supervisory Board) of the credit institution.
4. If the Board of Directors (Supervisory Board) the credit institution has not fulfilled the obligations under paragraphs 2 and 5 of this article, they must fulfill the sole executive body of a credit institution within three days from the date of expiry of the deadlines of the first subparagraph of paragraph 2, respectively, and in paragraph 5 of this article.
5. If the Board of Directors (Supervisory Board) the credit institution has not decided to convene an extraordinary general meeting of founders (participants) of a credit institution in the manner prescribed by subparagraph 1 of paragraph 2 of this article, members of the Board of Directors (Supervisory Board), credit institutions are obliged to apply to the Bank of Russia with annulment or withdrawal of credit institution license for carrying out banking operations within three days from the date of expiry of the provided for in subparagraph 1 of paragraph 2 of this article.
6. In case if the decision on liquidation of the credit institution and the direction to the Bank of Russia motion for annulment or withdrawal of credit institution license for carrying out banking operations had not taken the extraordinary General Assembly of founders (participants) of the credit organization, the members of the Board of Directors (Supervisory Board), credit institutions are obliged to apply to the Bank of Russia with annulment or withdrawal of credit institution license for carrying out banking operations within three days from the date of the extraordinary general meeting of founders (participants) of the credit institution.
7. The decision on liquidation of the credit institution and the direction to the Bank of Russia motion for annulment or withdrawal of credit institution license for carrying out banking operations shall be adopted by the General Assembly of founders (participants) of the credit institution by the majority of voices from the total number of votes of founders (participants) of the credit organization, took part in the voting.
8. the founders (participants) of a credit institution authorised to give mandatory guidelines or the ability to otherwise determine its validity, but not adopting within the prescribed period the decision on liquidation of the credit institution and the direction to the Bank of Russia motion for annulment or withdrawal of credit institution of a license for carrying out banking operations, and the members of the Board of Directors (Supervisory Board), the credit institution is not focusing on the obligations under paragraphs 2, 3 and 5 of this article and the sole executive body of a credit institution are not met obligations under paragraphs 1 and 4 of this article, in case of insufficiency of assets of the credit institution to satisfy the claims of creditors jointly and severally bear subsidiary liability for monetary obligations of the credit institution and (or) execution of its obligation to pay the mandatory payments arising after the emergence of signs of insolvency (bankruptcy), provided for by article 189-8 hereof.
9. If the decision on liquidation of the credit institution and the direction to the Bank of Russia motion for annulment or withdrawal of credit institution license for carrying out banking operations is not accepted by the General Assembly of founders (participants) of the credit organization, convened in accordance with subparagraph 1 of paragraph 2 of this article to vicarious liability in accordance with paragraph 8 of this article cannot be held founders (participants) of a credit organization : 1) owning, together with its affiliates less than ten percent of the voting shares of the total votes of the participants of the joint-stock company or shares in the Charter capital of a company with limited liability in the amount of less than 10 per cent;
2) voted for the adoption of the decision on the liquidation of the credit institution and the direction to the Bank of Russia motion for annulment or withdrawal of credit institution of a license for carrying out banking operations;
3) is not properly notified of the convening of a general meeting of founders (participants) of the credit institution.
Article 189-13. Procedure in the case of bankruptcy of the credit institution 1. When considering the Arbitration Court bankruptcy credit institution applies the receivership.
2. in the bankruptcy of the credit institution monitoring, financial rehabilitation, receivership and the settlement agreement stipulated respectively chapters IV, V, VI and VIII of this federal law do not apply.
Article 189-14. Measures on financial recovery of the credit institution to the financial recovery of the credit institution may perform the following steps: 1) financial assistance to credit institution its founders (participants) and other persons;
2) changing structure of assets and liabilities structure of the credit institution;
3) modification of the organisational structure of the credit institution;
4) adaptation of the size of the share capital of the credit institution and the amount of its own funds (capital);
5) other measures undertaken in accordance with federal laws.
Article 189-15. Financial aid credit institution its founders (participants) and others 1. Financial aid credit institution its founders (participants) and other persons may be provided in the form of: 1) placement of funds on deposit at the credit of the organization with the term of return of not less than six months and bearing interest at a rate not exceeding the Bank of Russia refinance interest rate;
2) provide guarantees (bank guarantees) on loans to the credit organization;
3) granting deferment and/or payment by installments;
4) transfer of a debt of the credit institution with the consent of its creditors;
5) renunciation of distribution of profits as dividends a credit institution and its direction on the implementation of the measures for financial recovery of the credit organization;
6) an additional contribution to the authorized capital of the credit institution;
7) forgiveness of the debt of the credit organization;
8) novation and other forms that contribute to the Elimination of the causes that provoked the need to take measures on financial recovery of the credit organization.
2. Funds in bank accounts and in deposits in a credit institution may be used by its creditors to increase the authorized capital of a credit institution in the manner prescribed by the Bank of Russia.
3. Decision on the modalities and the conditions for providing financial assistance to credit organizations was adopted by the credit institution and the person providing it financial aid.
4. In case of the deposit insurance agency financial assistance the Bank or individuals purchasing shares (share in authorized capital) of the Bank in order to implement measures to prevent bankruptcy, the form and conditions of financial assistance are defined in terms of the involvement of the Agency in the implementation of measures to prevent bankruptcy, approved in accordance with article 189-49 of this federal law.
Article 189-16. Changing the structure of assets and liabilities of the credit organization structure 1. Changing the structure of assets of the credit institution may include: 1) improvement of the quality of the loan portfolio of the credit institution, including the replacement of non-liquid assets liquid assets;

2) the structure of assets of urgency in accordance with the terms of commitments, ensuring their execution;
3) reducing the cost of the credit institution, including debt servicing of the credit institution and its management;
4) sale of assets are not generating income and assets, the sale of which will not interfere with banking operations credit organization;
5) other measures to change the structure of assets of the credit institution.
2. change of structure of liabilities of the credit institution may include: 1) increased own funds (capital);
2) reduced the size and (or) the proportion of current and short-term liabilities total liabilities;
3) increasing the share of medium-and long-term liabilities total liabilities;
4) other measures to change the structure of liabilities of the credit institution.
Article 189-17. The alignment of the size of the share capital of the credit institution and the amount of own funds (capital) of credit institutions 1. If the amount of own funds (capital) of the credit institution at the end of the reporting month is less than the size of its Charter capital, the credit institution is obliged to adapt the size of the share capital and the amount of own funds (capital).
2. a credit institution shall take the decision on liquidation, if the amount of own funds (capital) of the credit institution at the end of the second and each subsequent fiscal year becomes less than the minimum amount of the authorized capital established by the Federal law of December 26, 1995, N 208-FZ "about joint-stock societies" (hereinafter referred to as the Federal law "on joint stock companies") or federal law from February 8, 1998, N 14-ФЗ "About societies with limited liability company (hereinafter-Federal law on limited liability companies").
3. In the event of failure of a credit institution within three months from the date of the end of the fiscal year a decision on its liquidation of the Bank of Russia is obliged to apply to the arbitral tribunal a statement on Elimination of the credit organization.
Article 189-18. Changing the organizational structure of the credit institution to change the organizational structure of the credit institution may be carried out through: 1) changes in the composition of the staff of the credit organization;
2) restructuring, reduction and elimination of separate and other structural units of the credit organization, as well as in other ways, leading to the Elimination of the causes that provoked the need to implement measures for financial recovery of the credit institution.
Article 189-19. The motion of the head of the credit of the Organization on the implementation of measures to prevent bankruptcy credit institution 1. The sole executive body of a credit organization in case of occurrence of circumstances provided for in article 189-10 hereof within ten days from the moment of their occurrence is obliged to contact the Board of Directors (Supervisory Board) of the credit organization for the implementation of the measures for financial recovery of the credit institution or a petition for reorganization of the credit institution, provided that the cause of these circumstances cannot be eliminated the executive bodies of the credit institution.
2. request the head of the credit of the Organization on the implementation of measures for financial recovery of the credit institution or a petition for the reorganization of a credit organization shall contain recommendations on the modalities, the nature and the timing of their implementation.
3. the Board of Directors (Supervisory Board) a credit institution which, in accordance with paragraph 1 of this article sent a petition on the implementation of the measures for financial recovery of the credit institution or a petition for the reorganization of a credit organization must decide on Petitions sent within ten days from the moment of its direction and to inform of the decision, the Bank of Russia.
4. the head of a credit institution within three days from the date of expiry of the period set by paragraph 3 of this article, is obliged to apply to the Bank of Russia for the implementation of measures to prevent the bankruptcy of the credit institution, if the Board of Directors (Supervisory Board) the credit institution has not adopted a decision concerning the request for the implementation on bankruptcy prevention measures within the period stipulated in paragraph 3 of this article, or refused to take a decision on the implementation of measures for the prevention of bankruptcy or refused to convene the general meeting of founders (participants) of the credit organization, when the need to hold such a meeting follows from the nature of the measures to prevent the bankruptcy of the credit institution, or if the founders (participants) the credit institution has not made a decision on the implementation of measures to prevent bankruptcy, when the need for such solutions follows from the nature of the measures to prevent the bankruptcy of the credit institution.
Article 189-20. Implementation of the measures for financial recovery of the credit institution, upon the request of the Bank of Russia 1. In cases stipulated by article 189-10 this federal law or article 74 of the Federal law dated July 10, 2002 N 86-FZ "on the Central Bank of the Russian Federation (Bank of Russia)" (hereinafter referred to as the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)"), the Bank of Russia has the right to send to the credit organization requirement on the implementation of the measures for its financial recovery. Such a claim must contain an indication of the causes that gave rise to his destinations, as well as recommendations on modalities and timing of the implementation of the measures for financial recovery of the credit institution, taking into account the requirements set in paragraph 7 of this article.
2. Within five days from the date of receipt of the demand of the Bank of Russia on the implementation of the measures for financial recovery of the credit institution, the head of a credit institution is required to apply to the Board of Directors (Supervisory Board) of the credit organization for the implementation of the measures for financial recovery of the credit institution and (or) its petition for reorganization.
3. If on the basis of the data reporting credit institution and (or) based on the results of the audit conducted by the Bank of Russia, found that the amount of own funds (capital) the credit institution has proved to be less than the size of its Charter capital, the Bank of Russia is required to send in such a credit organization requirement on the approximation of the size of the share capital of the credit institution and the amount of its own funds (capital).
4. If within the last twelve months prior to the point where in accordance with this article, the Bank of Russia is obliged to send to the credit organization requirement on the approximation of the size of the share capital of the credit institution and the amount of its own funds (capital), the Bank of Russia changed the methodology for calculating own funds (capital) of the credit institution, for the purposes of this article uses the technique whereby the amount of own funds (capital) of the credit organization reaches its maximum value.
5. in case of impossibility of increasing magnitude of own funds (capital) of the credit organization up to the size of its Charter capital credit organization within forty-five (45) days from the date of receipt of the specified requirements of the Bank of Russia is obliged to reduce the size of the authorized capital to the value not exceeding the values of its own funds (capital), and make the appropriate changes in its constituent documents.
6. The creditors of the credit institution does not have the right to demand termination or early performance of obligations of the credit institution on the basis of produced in accordance with the requirements of this article, reducing the size of the authorized capital. It does not apply the provisions of the legislation of the Russian Federation for mandatory notification of creditors of their right to claim the credit organization termination or early performance of its obligations and compensation for related losses.
7. From the date of receipt of the demand of the Bank of Russia on the implementation of the measures for financial recovery of the credit organization, containing the grounds for its direction, until the day of approval of the Bank of Russia, a credit institution may not take decisions on the allocation of profits between its founders (participants) to pay (declare) dividends, as well as distribute profits among its founders (participants), pay them dividends, to meet the demands of founders (participants) of the credit institution on the compartment they share (or portion thereof) or payment of its actual value or redeeming shares of a credit organization If these actions will lead to a breach of obligatory standards established by the Bank of Russia.

8. the Bank of Russia in five-day's term from the date of receipt of the credit organization, carries out measures on financial recovery in accordance with the requirement of the Bank of Russia, documenting address stipulated by article 189-10 of this federal law, shall be obliged to send a message about the credit organization requirement on the implementation of the measures for financial recovery. From the date of receipt of the credit organization such messages do not apply restrictions under paragraph 7 of this article, and shall be terminated under article 189-11 of this federal law obligations of the credit institution with the occurrence of the reason to implement measures to prevent bankruptcy.
9. In case of grounds set out in article 189-10 hereof, the Bank of Russia has the right to demand from the relevant authority of the credit institution holding credit institution within ten days of meetings of the Board of Directors (Supervisory Board), the credit institution or of the extraordinary general meeting of founders (participants) of a credit organization to make a decision on the implementation of the measures for financial recovery of the credit institution.
Article 189-21. Plan of measures on financial recovery of credit institutions 1. In the event that the grounds set out in article 189-10 hereof, the Bank of Russia has the right to require that the credit organization develop and implement a plan of measures on financial recovery.
2. Plan of measures on financial recovery of the credit organization shall obligatorily contain: 1) an assessment of the financial condition of the credit organization;
2) specifying the form and dimensions of participation of founders (participants) of the credit institution and other persons in its financial recovery;
3) measures to reduce the cost of the credit organization;
4) measures to obtain extra income;
5) measures taken to recover overdue receivables;
6) measures to change the organizational structure of the credit institution;
7) term of restoration of the level of own funds adequacy (capital) and the current liquidity of the credit institution.
3. form the plan of measures on financial recovery of the credit institution establishes a normative act of the Bank of Russia.
4. the procedure and deadlines for the submission of a plan of measures on financial recovery of the credit organization, as well as the procedure and deadlines for the implementation of the monitoring of its implementation are established by the normative acts of the Bank of Russia.
Article 189-22. Plan of measures on financial recovery of the credit institution, the approval of which entails measures applied to a credit institution by way of supervision and provision of credit institution of postponement (installments) to amend the amount of nedovnesennyh funds in required reserves deposited with the Bank of Russia 1. Plan of measures on financial recovery of the credit institution may provide for the following conditions: 1) acquisition by a person owning or indirectly controlled individually or as a group of individuals over one per cent of stocks (shares) of the credit institution, no less than seventy-five per cent of the ordinary shares of the credit institution in the form of a joint stock company (interests in Charter capital, contributing at least three fourths of the total number of votes of the participants of the credit institution in the form of a limited liability company);
2) removal within one year from the date of approval of the plan of measures on financial recovery of the credit institution grounds for the application by the Bank of Russia of measures by way of supervision in respect of the credit institution;
3) satisfaction within fourteen calendar days from the date of approval of the plan of measures on financial recovery of the credit organization of creditor claims on monetary obligations and (or) payment of obligatory payments.
2. In the case of the approval of the Committee of banking supervision of the Bank of Russia action plan that contains all the conditions provided for in paragraph 1 of this article, the Bank of Russia takes the following decisions: 1) does not apply to the credit institution measures under article 74 of the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)";
2) not to impose under article 48 of the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation (hereinafter referred to as the Federal law" on insurance of deposits of natural persons in banks of the Russian Federation "), the ban on bringing in cash assets of private individuals into deposits and opening bank accounts for natural persons;
3) not to withdraw from the credit organization license for carrying out banking operations in the cases provided by paragraph 2 of article 20 of the Federal Act "on banks and banking activities";
4) provide credit organization reprieve (installments) to amend the amount of nedovnesennyh funds in required reserves deposited with the Bank of Russia for the implementation of the plan under paragraph 1 of this article. In this case, the credit organization shall be monthly calculation of required reserves to be deposited, and submit it to the Bank of Russia in the manner prescribed by the Bank of Russia.
3. the decisions referred to in paragraph 2 of this article, the Committee of banking supervision of the Bank of Russia in the event of the expiration of the plan of measures on financial recovery of the credit organization, but no later than one year from the date of approval by the Board of banking supervision of the Bank of Russia of the plan or in the case of the banking supervision Committee of the Bank of Russia of the impossibility of its execution.
Article 189-23. Liability of persons controlling the credit institution 1. If the bankruptcy of the credit institution has come as a result of the actions and/or omissions of persons controlling the credit institution, such persons in case of insufficiency of the property of a credit organization bear subsidiary liability for its obligations in accordance with article 10 hereof, with the characteristics specified in the present article.
2. in determining the persons supervising the debtor (credit organization) does not apply paragraph position thirty-first article 2 hereof on the term (less than two years before the adoption of the Arbitration Court of an application for recognition of the debtor bankrupt), during which the person has or had the right to give instructions obligatory for the performance by the debtor or the ability to otherwise determine the actions of the debtor.
3. Until proven otherwise, it is assumed that the bankruptcy of the credit institution has come as a result of the actions and/or omissions of persons controlling the credit organization, if one of the circumstances referred to in paragraphs 3 and 4 of paragraph 4 of article 10 hereof. The provisions of paragraph 4 of article 10 of the fourth paragraph of this Federal Act shall apply in respect of persons responsible for forming, maintaining, storing documents which reflect the economic activities of the credit institution, and credit organization databases on electronic media (database backups), as well as the duty of handing them over to the Transitional Administration in the management of the credit institution or liquidator (contest Manager).
4. the documents specified in paragraphs 4 and 5 of paragraph 4 of article 10 of this federal law, shall be understood to be also documents reflecting the economic activities of the credit institution, and the database of the credit organization on electronic media (database backups), the duty of the formation, which is set by the Federal law "on banks and banking activities" to be in accordance with the requirements of this federal law, the transfer of the Interim Administration on the management of the credit institution (contest Manager , liquidator).
5. a credit institution or agency, on its behalf, may apply to the Court of arbitration of a claim for damages caused by culpable actions (inaction) of persons controlling the credit institution in respect of which implemented (carried out) on bankruptcy prevention measures with the participation of the Agency referred to in article 189-49 of this federal law.
6. Statement of involvement of a person having control over, credit organization to vicarious liability on grounds provided for by this article may be filed not later than three years from the date of acceptance of the credit institution bankrupt. If you skip this term for a good reason, it may be restored by the Court.
7. Statement about bringing control credit organization persons to vicarious liability in the form of damages (except in the case provided for in paragraph 5 of this article) the insolvency administrator on his own initiative or by a decision of the meeting of creditors, or the creditors ' Committee, as well as the authorized body. Such a declaration may be filed bankruptcy creditor during the bankruptcy proceedings, the insolvency administrator in case of decision of the Assembly or the Committee of creditors of its filing.

8. applying the bankruptcy creditor or authorized body about bringing control credit organization persons to vicarious liability does not impede the bankruptcy trustee in bankruptcy court, a statement on the same subject and on the same grounds in the case of an insolvency administrator in bankruptcy court new evidence.
9. In the case brought by statement of the credit organization or agency on persons controlling the credit institution in the form of recovery of damages in favour of the credit organization in case of acceptance by arbitration court decisions declaring the credit institution bankrupt and on the opening of bankruptcy proceedings (bankruptcy trustee approval) or the decision on the appointment of the liquidator plaintiff recognized credit institution represented by the bankruptcy trustee or liquidator.
10. In case of application for bringing supervisory person to liability, the Court may, at the request of the bankruptcy trustee to take interim measures, including the seizure of the property of the supervisory entity. Such security measures also remain for the period of suspension of the examination of the request for attracting supervisory person accountable.
11. Persons involved in accordance with this federal law for vicarious liability, as well as accountable as a recovery of damages in favour of the credit institution is not entitled to acquire shares (share in authorized capital) of a credit organization, which make up more than five percent of its share capital or establish direct or indirect (via third parties) in respect of shareholders (participants) of the credit institution owning more than five per cent of the shares (the shares) of the credit organization within five years from the date of execution of the specified persons duties established by judicial act to such liability.
12. the persons involved in accordance with this federal law for vicarious liability, as well as accountable as a recovery of damages in favour of the credit institution, cannot hold posts of managers of credit institutions in the period of five years from the date of execution of the specified persons duties established by judicial act to such liability.
Article 189-24. Consequences of failure to comply with the requirements provided for in Articles 189-17, 189-189-19-21 this federal law Violation credit organization requirements prescribed in §§ 189-17, 189-189-19-21 hereof, constitutes the grounds for the application by the Bank of Russia of measures by way of supervision established by federal laws.
Article 189-25. The Interim Administration on the management of the credit institution 1. The Interim Administration on the management of the credit institution is a special body of management of the credit institution appointed by the Bank of Russia in the manner prescribed by this section and the regulations of the Bank of Russia.
2. the Transitional Administration on the management of the credit institution shall act in accordance with this paragraph, other federal laws and normative acts of the Bank of Russia.
3. during the period of the Transitional Administration for the management of the credit institution, the powers of the executive bodies of the credit institution Act of the Bank of Russia on the appointment of the Interim Administration may be limited or suspended in the manner and under the conditions established by this federal law.
4. In case of suspension of the authority of the executive bodies of the credit institution since the appointment of the interim administration and until the day the judgment of the Court of arbitration on the recognition of the credit organization insolvent (bankrupt), or the entry into force of the decisions of the arbitral tribunal of its liquidation or cessation of activities of the interim administration suspended state registration of transactions, transport, restrictions (encumbrance) rights on real estate owned by a credit institution on the right of ownership, other property right or is it mortgaged.
Article 189-26. Grounds for the appointment of an interim administration for the management of the credit institution 1. The Bank of Russia has the right to appoint a transitional administration on the management of the credit institution, if: 1) a credit institution does not meet the requirements of lenders (creditor) on monetary obligations (undertaking) and (or) fails to comply with the obligation to pay obligatory payments in time in excess of seven days or more after the date of their satisfaction and (or) execution, owing to the lack or insufficiency of funds on the correspondent accounts of the credit organization;
2) a credit institution permits reduction of own funds (capital) compared to their maximum value reached over the past twelve months, more than thirty percent while violating one of the obligatory standards established by the Bank of Russia;
3) a credit institution violates the current liquidity, the Bank of Russia, during the last month more than twenty per cent;
4) a credit institution fails to comply with the requirements of the Bank of Russia on the replacement of the head of the credit organization or on the implementation of measures on financial recovery or reorganization of a credit institution within the prescribed time limit;
5) in accordance with the Federal law "on banks and banking activity" there are grounds for revoking the credit institution of a license for carrying out banking operations;
6) Committee of banking supervision of the Bank of Russia has approved the plan of participation of the Agency in the implementation of measures to prevent bankruptcy.
2. the Bank of Russia is obliged to appoint a transitional administration on the management of the credit institution not later than the day following the day of revocation of the credit institution of a license for carrying out banking operations.
3. the Act of the Bank of Russia on the appointment of an interim administration for the management of the credit institution the Bank of Russia is included in Federal Register of information about bankruptcy no later than the next working day from the date of the enactment of the said Act and published by the Bank of Russia "Bulletin of the Bank of Russia" within ten days from the date of its adoption.
Article 189-27. The period of validity of the Interim Administration on the management of the credit institution 1. The Interim Administration on the management of the credit institution appointed by the Bank of Russia for a period not exceeding six months.
2. If by the end of this paragraph established the validity period of the Interim Administration on the management of the credit institution are preserved the grounds for her appointment under this paragraph, the Interim Administration on the management of the credit institution shall send to the Bank of Russia motion to withdraw from the credit organization license for carrying out banking operations.
3. the Interim Administration on the management of the credit institution appointed by the Bank of Russia following the withdrawal of credit institution of a license for carrying out banking operations shall exercise its powers in a credit institution referred to in this paragraph, from the date of his appointment until the day of the arbitral tribunal on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings (bankruptcy trustee approval) or before the date of entry into force of the decisions of the arbitral tribunal on the appointment of the liquidator of the credit institution.
Article 189-28. The head of the Interim Administration on the management of the credit institution 1. The head of the Interim Administration on the management of the credit institution is assigned to an employee of the Bank of Russia.
2. the composition of the Interim Administration on the management of the credit institution shall be determined by order of the Bank of Russia, the Bank of Russia are included in the Federal Register of information about bankruptcy no later than the next working day from the date of the enactment of the said Act. The head of the Interim Administration on the management of the credit organization distributes duties among its members and is responsible for its activities. The composition of the Interim Administration on the management of the credit institution by agreement with the Agency, its employees may be included.
3. the head of the Interim Administration on the management of the credit institution in the case of suspension of the authority of the executive bodies of the credit institution operates on behalf of the credit organization without a warrant.
Article 189-29. Responsibility of the head of the Interim Administration on the management of the credit institution for nonperformance or improper performance of their duties in case of nonperformance or improper performance by the head of the Interim Administration on the management of the credit institution of its duties, he shall be liable in accordance with the federal laws.
Article 189-30. The functions of the Interim Administration on the management of the credit institution in the case of limitations on the powers of the executive bodies of the credit institution 1. In the case of limitations on the powers of the executive bodies of the credit institution, the Interim Administration on the management of the credit institution carries out the following functions: 1) conducts a survey of the credit organization;

2) establishes the existence of the grounds for revoking a license for carrying out banking operations under article 20 of the Federal Act "on banks and banking activities";
3) participates in the development of activities on financial recovery of the credit organization and supervises their implementation;
4) controls the disposition of the property of a credit organization within the limits set by this article;
5) perform other functions in accordance with the federal laws.
2. in the exercise referred to in paragraph 1 of this article, the temporary administration functions credit management organization: 1) receives from the management bodies of the credit institution with the necessary information and documents relating to the activities of the credit institution;
2) gives its consent to the Commission of the management bodies of the credit institution transactions referred to in paragraph 3 of this article;
3) appealed to the Bank of Russia with a request to suspend the powers of the management bodies of a credit institution if they impede the exercise of the functions of the Interim Administration on the management of the credit institution, or if it is necessary for the implementation of measures to prevent the bankruptcy of the credit institution. For the purposes of this paragraph under the obstruction of exercise of the functions of the interim administration refers to committing credit organization officials or persons acting on their behalf, malfeasance, their inaction (failure to comply with federal law mandated duties, including failure to provide in cases stipulated by the Federal law of documents for approval of transactions), as well as the creation of conditions under which the temporary administration on the management of the credit institution is unable to partially or fully exercise the functions mandated by federal law and regulatory acts of the Bank of Russia.
3. The management bodies of the credit institution may only with the consent of the Transitional Administration for the management of the credit institution transactions: 1) related to the transfer of the real property credit organization in rent, security deposit, making it as a contribution to the share capital of third persons, as well as the disposition of such property in any other way;
2) associated with the disposition of other property of the credit institution, the carrying value of which is more than one per cent of the book value of the assets of the credit institution, including receiving and issuing loans, issuance of guarantees and warranties, assignments of rights requirements, acceptance and forgiveness of debt, innovation, fall-back, as well as the establishment of asset management;
3) with interested or affiliated with respect to credit the Organization, determined in accordance with the Federal law, or of persons in respect of which a credit institution in accordance with the Federal law is the person or persons whose activities are controlled or which has a significant impact credit organization or persons under control or significant influence which is a credit institution.
Article 189-31. The functions of the Interim Administration on the management of the credit institution in the case of suspension of the authority of the executive bodies of the credit institution 1. In case of suspension of the authority of the executive bodies of the credit institution, the Interim Administration on the management of the credit institution carries out the following functions: 1) has the powers of the executive bodies of the credit institution;
2) conducts a survey of the credit organization;
3) establishes the existence of the grounds for revoking a license for carrying out banking operations under article 20 of the Federal Act "on banks and banking activities";
4) develops activities on financial recovery of the credit organization, organizes and supervises their implementation;
5) adopt measures to ensure the safety of property and records of the credit organization;
6) establishes the creditors of the credit institution and the size of their claims on monetary obligations;
7) taking steps to recover the debt owed to the credit institution;
8) appealed to the Bank of Russia for a moratorium on satisfaction of creditors ' claims of the credit institution;
9) exercise other functions in accordance with the federal laws.
2. in the exercise referred to in paragraph 1 of this article, the temporary administration functions credit management organization: 1) is from the head of the credit organization, its employees and other persons with the necessary information and documents relating to the activities of the credit institution;
2) presents on behalf of a credit organization claims in courts of general jurisdiction, arbitration courts and arbitral tribunals;
3) appoints representatives to the Transitional Administration in the management of the credit institution in the branches of a credit institution, as well as in the management bodies of its subsidiaries;
4) coordinates the decisions of the Board of Directors (Supervisory Board), the credit institution or of the general meeting of its founders (participants), with the exception of decisions on transactions envisaged in paragraph 3 of this article;
5) has the right to dismiss the members of the executive bodies of the credit institution;
6) may collect the meeting of founders (participants) of a credit institution in the manner prescribed by federal laws;
7) may apply on behalf of a credit organization to the Arbitration Court to prosecute persons who control the credit institution if their guilty actions (inaction) of a credit organization suffered losses;
8) appeals on behalf of the credit organization in court or arbitral tribunal requiring the recognition of transactions made with a credit institution or other persons at the expense of the credit organization, null and void on the grounds and in the manner provided for in articles 61-1-61-9 of this federal law, taking into account the peculiarities stipulated by article 189-40 hereof;
9) drawn in the manner prescribed by article 136, paragraph 4 hereof, the Court to reduce the size of the head of the credit organization requirements, the Chief Accountant of the credit organization, his deputies, the head of the branch or representative office of the credit institution, Deputy Chief Accountant of a branch or representative office of the credit institution, his deputies and other employees of the credit institution on remuneration if within six months before the date of appointment of the interim administration of the remuneration of such persons was increased compared to the wage established prior to the said period;
10) has unrestricted access to all premises of the credit organization;
11) may, if necessary, seal the premises of a credit organization.
3. the Interim Administration on the management of the credit institution may only with the consent of the Board of Directors (Supervisory Board), the credit institution or of the general meeting of its founders (participants) within the limits of their competence, established by federal laws and the founding documents of the credit organization, make deals, related: 1) with the transfer of real estate credit organization in rent, security deposit, making it as a contribution to the share capital of third persons and disposal of such property in any other way;
2) the disposition of other property of the credit institution, the carrying value of which is more than five per cent of the book value of the assets of the credit institution, including receiving and issuing loans, issuance of guarantees and warranties, assignments of rights requirements, transfer and debt forgiveness, innovation, fall-back, as well as the establishment of asset management.
4. the Board of Directors (Supervisory Board) of a credit institution or a general meeting of its founders (participants) within the limits of their competence, established by federal laws and the founding documents of the credit institution has the right to extend the powers of the Transitional Administration for the management of the credit institution on the disposition of the credit institution.
Article 189-32. The functions of the Interim Administration on the management of the credit institution if its credit institution following the withdrawal of a license for carrying out banking operations 1. The Interim Administration on the management of the credit institution appointed by the Bank of Russia following the withdrawal of credit institution of a license for carrying out banking operations carries out the same functions and has the same security privileges as those assigned to the Transitional Administration in the management of the credit institution in accordance with article 189-31 hereof, with the exception of the development of activities on financial recovery of the credit organization, organizing them and monitoring their implementation.

2. the Transitional Administration on the management of the credit institution appointed by the Bank of Russia following the withdrawal of credit institution of a license for carrying out banking operations, is obliged to undertake a survey of the credit institution and determine whether she had signs of insolvency (bankruptcy), under paragraph 1 of article 189-8 hereof. When it detects these signs of the Interim Administration on the management of the credit institution appointed by the Bank of Russia following the withdrawal of credit institution of a license for carrying out banking operations shall submit to the Bank of Russia motion for direction of the Bank of Russia in the Arbitration Court of an application for recognition of a credit institution bankrupt.
3. the Interim Administration on the management of the credit institution after the revocation of the credit organization license for carrying out banking operations determines the presence of signs of deliberate bankruptcy, as well as notify creditors of acceptance by Arbitration Court of an application for recognition of a credit institution bankrupt by publishing within ten calendar days at the expense of the credit organization information "Bulletin of the Bank of Russia" and the periodic printed publication at the location of the credit organization.
4. the Transitional Administration for the management of a credit institution established by the Bank of Russia carries out in order the disclosure of information about the financial condition of the debtor, within 10 calendar days after acceptance by Arbitration Court of an application for recognition of a credit institution bankrupt.
5. the Transitional Administration on the management of the credit institution during the consideration by the Court of arbitration of the bank statements of Russia on recognition of credit institution bankrupt represents a conclusion on the financial situation of the debtor, creditors and there is evidence of deliberate bankruptcy.
6. Within three working days from the date of publication of the information referred to in paragraphs 3 and 4 of this article, the temporary administration sends this information to the Bank of Russia, which includes them in the Federal Register of information about bankruptcy.
7. the execution of the credit institution after the revocation of the license for carrying out banking operations until the opening of bankruptcy proceedings, current liabilities (including committing on its behalf transactions entailing the emergence of current liabilities), stipulated by this federal law, shall be carried out on the basis of cost estimates approved by the Bank of Russia.
8. Types of credit institution transactions from the date of revocation of a license for carrying out banking operations, including transactions involving the expenditure of money and other exclusion property of the credit institution, and the procedure for their implementation are established by the Federal law "on banks and banking activities" and adopted in accordance with the normative acts of the Bank of Russia.
9. the Transitional Administration on the management of the credit institution in the event of insufficient funds for the execution of the current obligations of the credit institution associated with the preservation of its assets and the protection of the interests of the creditors of the credit institution has the right of recourse to the Court, the arbitral tribunal a statement of withdrawal of previously imposed on the arrests in bank accounts cash in the amount necessary for the functioning of the credit organization according to cost estimates approved by the Bank of Russia.
10. To establish lenders of the credit institution and the size of their credit requirements for the Organization of the Interim Administration on the management of the credit institution is entitled to exercise in the manner prescribed by paragraphs 11-17 of this article, the account of creditors ' claims of creditors ' claims in the registry, the form of which shall be determined by regulation of the Bank of Russia in agreement with the Agency.
11. the creditors of the credit institution to pursue its claim to the credit organization, the Interim Administration on the management of the credit institution shall send an announcement containing details of a credit institution (name and other details), address of the credit institution, information about the Interim Administration on the management of the credit institution, in the official publication under this federal law, "Bulletin of the Bank of Russia" for the publication and to the Bank of Russia to include information contained in the Declaration, in the Federal Register of information about bankruptcy. Publication of specified ad interim authority for the management of the credit institution is financed by assets of the credit institution.
12. The creditors of the credit institution shall have the right to assert their claims to credit institution at any time during the period of the Transitional Administration for the management of the credit institution. Upon presentation of such requirements, the lender is obliged to indicate, together with the substance of the requirements, information about yourself, including full name, date of birth, details of documents attesting to the identity and mailing address for correspondence (for individuals), name, location (for legal persons), as well as bank details (if available).
13. a person who demand to credit institutions shall be obliged to inform the temporary administration on the management of the credit institution, the information referred to in paragraph 12 of this article. In the absence of such information, or for delays in their submission, the Interim Administration on the management of the credit institution and the credit institution are not liable for any damages in connection with this.
14. The requirement for a credit institution with the application entered into legal force court decisions, arbitral tribunal extradition definitions writ of execution to enforce the decisions of the arbitral tribunal or other judicial acts, as well as other original documents or their duly certified copies thereof to substantiate this claim, shall be presented to the Transitional Administration in the management of the credit institution.
15. the Transitional Administration on the management of the credit institution is considering presented requirement and based on the results of a review no later than 30 working days after receipt of this requirement makes it in the register of creditors ' claims if the validity claim. In the same period, the Interim Administration on the management of the credit institution shall notify the relevant creditor for the inclusion of the claim in the register of creditors ' claims, or refuse such inclusion in the register, or for inclusion in the roster requirements in full.
16. Submitted by the creditor the bank deposit agreement requirement and (or) agreement of bank account can be made interim authority for the management of the credit institution in the register of creditors ' claims in the amount of the balance of funds on the account due to the creditor on the basis of the information available to the credit institution.
17. the claim of a creditor of the bank deposit agreement and (or) account agreement, legally in accordance with the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation" entitled to receive the insurance indemnity paid an interim administration for the management of the credit institution in the register of creditors ' claims in the amount of the balance of funds on the account in excess of the amount owed to the lender insurance compensation.
18. In the event of a claim by the creditor in the register of creditors ' claims in the relevant notification to the creditor, you specify information about the size and composition of its claim against the debtor, as well as on the order of his satisfaction.
19. On the basis of the claims of creditors, the Interim Administration on the management of the credit institution is the register of creditors ' claims of the credit institution, indicating information about lenders, had their requirements on the amount of such claims on the order meet each of these requirements and the reasons for their occurrence.
20. claims of creditors in the registry account of the claims of creditors shall be kept in the currency of the Russian Federation. Creditors ' claims denominated in foreign currencies are recorded in the register of creditors ' claims in rubles at the exchange rate established by the Bank of Russia on the date of revocation of the credit institution of a license for carrying out banking operations.
21. The register of claims of creditors of the credit institution is passed to the contest Manager or liquidator of a credit institution in the manner prescribed by article 189, paragraph 2-43 hereof.
22. Claims of creditors presented to the credit of the Organization during the period of activity in her Transitional Administration on the management of the credit institution, but is not considered by the Transitional Administration on the expiry of her term of Office in the manner prescribed by paragraphs 10-17 of this article shall be transmitted on an inventory of the competitive Manager or liquidator of a credit institution in the manner prescribed by paragraph 2 of article 189- -43 of this federal law.
Article 189-33. Features of the functioning of the Transitional Administration for the management of the credit institution appointed after revocation

license for carrying out banking operations credit institution carrying out professional activity on the securities market of 1. After a day of reviews credit institution carrying out professional activities on the securities market, a license for carrying out banking operations, the Interim Administration on the management of the credit institution returns credit clients their securities and other property taken and (or) acquired such credit institution at their expense for storage agreements, treaties, the depositary trust management contracts and contracts on brokerage services with reflection of this in the relevant accounts or accounts with special features provided for by paragraph 8 of this chapter.
2. in order to implement the return of customers of the credit institution carrying out professional activity on securities market, securities and other property taken and (or) acquired such credit institution at their expense for storage agreements, treaties, the depositary trust management contracts and contracts on brokerage services, temporary administration on the management of the credit institution conducts an inventory of securities and other property (included) due to such credit institution.
3. Act on the outcome of the inventory under paragraph 2 of this article, shall be drawn up not later than fourteen calendar days from the date of the appointment of an interim administration for the management of the credit institution.
4. Within five working days from the date of preparation of the report on the outcome of the inventory under paragraph 2 of this article, the temporary administration on the management of the credit institution shall notify by posting a notice in the official publication of the customers of the credit institution carrying out professional activities on the securities market, the possibility of sending statements about returning credit clients their securities and other property taken and (or) acquired such credit institution at their expense for storage contracts , trustee, depositary of treaties the treaties and treaties on brokerage services, and also sends the text of the announcement of the Bank of Russia, which includes information contained in the Declaration, in the Federal Register of information about bankruptcy.
5. reception of applications of customers of the credit institution carrying out professional activities on the securities market, for the return of their securities and other property taken and (or) acquired such credit institution at their expense for storage agreements, treaties, the depositary trust management contracts and treaties on brokerage services, is carried out within six months from the date of revocation of the credit organization license for carrying out banking operations of the Interim Administration on the management of the credit institution and, in the case of recognition of a credit institution bankrupt and the opening of bankruptcy proceedings is insolvency administrator.
6. After inventorying, under paragraph 2 of this article, the temporary administration on the management of the credit institution not later than two working days after receipt of statements of customers of the credit institution carrying out professional activities on the securities market, for the return of their securities and other property taken and (or) acquired such credit institution at their expense for storage agreements, treaties, the depositary trust management contracts and treaties on broker service , returns the specified property by its translation into accounts opened by customers of such credit institution in another professional participant of the securities market.
7. returning customers of the credit institution carrying out professional activity on securities market, securities and other property taken and (or) acquired by the credit institution for their account on storage contracts, contracts of asset management, depository contracts and treaties on brokerage services, is carried out in accordance with the details provided in the statement of the client of such a credit institution.
8. If in order to implement the return referred to in paragraph 7 of this article, property clients of the credit organization, carries out professional activities in the securities market, it is impossible to allocate between them the securities in an amount, which is an integer, the undistributed securities sold in the manner prescribed by article 185-7 of this federal law. Cash received from sale of undistributed securities are distributed among customers in proportion to the requirements of each of them.
If multiple clients of the credit organization, carrying out professional activities on the securities market, combined on one account and the assets are not sufficient to meet these clients return in full of their property, the property is passed data from clients in a quantity proportional to the size requirements of each of them.
9. Not satisfied because of the insufficiency of the assets in the accounts of customers of the credit institution carrying out professional activities on the securities market, the demands of such customers should be included in the register of claims of creditors of the credit institution and shall be satisfied in the order of priority established by article 189-92 of this federal law.
10. return to the depositor of the securities taken by the credit institution carrying out professional activities on the securities market, storage and (or) accounting, are carried out on the basis of a declaration of the depositor in the manner prescribed by paragraphs 1-9 of this article, according to the depository accounting through: 1) re-registration of securities to the holder in the register of owners of registered securities or in another specified depository the depositor;
2) return to the depositor documentary securities certificates or transferring them to another depository, specified by the depositor.
11. If during the period of the Transitional Administration for the management of the credit institution or in the course of bankruptcy proceedings in the case of recognition of a credit organization carrying out professional activities on the securities market, bankrupt in such credit institution was not her client about the return of its securities and other property taken and (or) acquired such credit institution's expense, under the Treaty, the Treaty storage asset management , the depositary contract or contract of brokerage services, securities shall be credited to the account of the client in the register of owners of securities either on the client's custody account at the depository, carrying out obligatory centralized storage of securities. Other property be transferred to deposit with a notary.
12. return of the founders of management of property in trust credit institution carrying out professional activities on the securities market, is carried out on the basis of statements by the founders of the Office in the manner prescribed by items 1-11 of this article.
Article 189-34. Features of the functioning of the Transitional Administration for the management of the Bank in case of involvement of Agencies in the implementation of measures to prevent bankruptcy 1. If approved by the Committee of banking supervision of the Bank of Russia plan participation of the Agency in the implementation of measures to prevent the bankruptcy of the interim administration functions for the management of the Bank may be assigned by order of the Bank of Russia on the Agency. The Agency carries out the functions and powers of the Transitional Administration for the management of the Bank through a representative appointed by him from among its employees and acting on the basis of power of attorney.
2. the Transitional Administration for the management of the Bank, whose functions assigned to the Agency, carries out the same functions and has the same security privileges as those assigned to the Transitional Administration in the management of the credit institution in accordance with article 189-31 of this federal law, with the characteristics specified in the present article.
3. during the period of the Transitional Administration on bank management, appointed in accordance with this article shall be suspended: 1) powers of the management bodies of the bank related to the adoption of decisions on matters within their competence, the federal laws and the founding documents of the Bank;
2) rights of founders (participants) of the bank related to the participation in its authorized capital stock, including the right to convene a general meeting of shareholders (participants) of the Bank.
4. In addition to exercising the powers referred to in paragraph 2 of this article, the temporary administration for the management of the Bank has the right to: 1) implement actions associated with a reduction in the size of the Bank's authorized capital up to the magnitude of its own funds (capital) or one ruble, to decide on amendments to the Statute of the Bank;

2) perform actions associated with an increase in the size of the authorized capital of the Bank, including deciding on the placement of shares to approve the decision to issue shares and to report on this issue, to take a decision on amendments to the Statute of the Bank;
3) make decisions about reorganization of the Bank;
4) sell property of the Bank, including the Agency, in accordance with the plan of participation of the Agency in the implementation of measures to prevent the bankruptcy of the Bank;
5) decide on the closure and (or) on the opening of branches and in connection with the decisions of the relevant amendments to the Statute of the Bank;
6) to implement other measures aimed at the prevention of bankruptcy;
7) to take a decision on the liquidation of the Bank.
Article 189-35. Effects of suspension of the authority of the executive bodies of the credit institution for the period of the Transitional Administration for the management of the credit institution 1. In case of suspension of the authority of the executive bodies of the credit institution for the period of the Transitional Administration for the management of the credit institution: 1) executive bodies of a credit institution may not take decisions on matters within their competence, the federal laws and the founding documents of the credit organization;
2) other bodies of management of the credit institution shall enter into force after their approval by the Transitional Administration on the management of the credit institution.
2. Executive bodies of a credit institution in the case of suspension of their powers for the period of the Transitional Administration for the management of the credit institution not later than the day following the day of the appointment of an interim administration for the management of the credit institution are required to pass on the stamps of the credit institution, and in a timeframe to be agreed upon with the Interim Administration on the management of the credit institution, accounting and other documentation, a database of the credit organization on electronic media (database backups) the duty which is set by the Federal law "on banks and banking activities", material and other assets of the credit institution.
3. Obstruction on the part of the Manager of a credit institution, other employees of the credit institution and other persons exercise of the functions of the Interim Administration on the management of the credit institution (including obstruction of access to the premises of a credit organization, access to its documentation and other media, refusal to transfer documents, stamps) is the basis for the application of the Bank of Russia by way of supervision measures stipulated by the Federal law and punishable in accordance with the Federal law.
4. In case of suspension of the authority of the executive bodies of the credit institution for the period of the Transitional Administration for the management of the credit institution, the head of the credit organization, had the right to the appointment of an interim administration for the management of the credit institution Act on behalf of the credit organization without power of Attorney, the right to represent its interests in Arbitration Court of the appeal against the decision of the Bank of Russia on the appointment of an interim administration for the management of the credit organization, appeals the order of the Bank of Russia on the revocation of a license for carrying out banking operations.
5. The date of appointment of the interim administration suspended powers of Attorney issued by the credit institution before the date of the appointment of the interim administration, including irrevocable.
Article 189-36. The motion of the head of the Interim Administration on the management of the credit institution on the revocation of a license for carrying out banking operations if the grounds for revocation of the credit organization license for carrying out banking operations under article 20 of the Federal Act "on banks and banking activities", the head of the Interim Administration on the management of the credit institution is obliged to send to the Bank of Russia motion for revocation of the license.
Article 189-37. Disputes about the Transitional Administration credit management organization 1. A credit institution shall have the right to appeal against the decision of the Bank of Russia on the appointment of an interim administration for the management of the credit institution in the Court of arbitration in the manner prescribed by federal laws.
Appeal against the decision of the Bank of Russia on the appointment of an interim administration for the management of the credit institution, as well as measures to secure claims against the credit institution shall not suspend the activities of the Interim Administration on the management of the credit institution.
2. the founders (participants) of the credit organization, owning in aggregate not less than 1% of authorized capital of the credit institution, may apply to the Court of arbitration of a claim to the Bank of Russia on the recovery of the credit organization real damage if he suffered as a result of unreasonable appointment of an interim administration for the management of the credit institution.
Article 189-38. Moratorium on satisfaction of creditors ' claims of the credit institution 1. In case of suspension of the authority of the executive bodies of the credit institution and subject to the availability of the grounds provided for in subparagraph 1 of paragraph 1 of article 189-26 of this federal law, the Bank of Russia has the right to impose a moratorium on satisfaction of the claims of creditors of the credit institution for a period not exceeding three months.
The moratorium applies to monetary obligations and responsibilities to pay obligatory payments that arose prior to the date of appointment of the Interim Administration on the management of the credit institution.
2. During the period of the stay: 1) do not accrue the statutory or contract penalties (fines), interest and other financial sanctions and other measures are not enforced responsibility for nonperformance or improper performance of the credit organization of monetary obligations and/or responsibilities to pay obligatory payments;
2) it is not allowed to collect on the Executive and other documents on which it is made in an uncontested (acceptance);
3) is suspended pursuant to Executive documents, except for the cases provided by paragraph 4 of this article;
4) prohibits claims founder (participant) of a credit organization about him they share (deposit) in the share capital of the credit institution in connection with his release from the composition of its founders (or participants).
3. The amount of the creditor's claims on money obligations and (or) mandatory payments, expressed in the currency of the Russian Federation, in the amount established by the day the moratorium (excluding accrued interest), accrue interest at the rate of two-thirds of the interest of the Bank of Russia refinance rate. The amount of the creditor's claims on money obligations and (or) mandatory payments denominated in foreign currency, in the amount established by the day the moratorium (excluding accrued interest), and interest is charged on the basis of the average rates of interest on short-term monetary loans, according to the location of the lender. Accrued interest payable after the expiry of the moratorium.
4. The moratorium does not cover: 1) to the demands of citizens, to which the credit institution is responsible for causing harm to life or health;
2) to the demands of citizens for termination benefits and wages of nationals employed under an employment agreement (contract), and the authors compensation results of intellectual activity;
3) on requirements for payment of organizational expenses necessary for the activities of the credit institution;
4) for execution of Executive documents issued before the date of the introduction of a moratorium on the basis of decisions on debt recovery of the credit organization concluded with individuals bank deposit agreements and treaties.
Article 189-39. Disclaimer of contracts and other transactions of a credit institution, the head of the Interim Administration on the management of the credit institution in the case of suspension of the authority of the executive bodies of the credit institution since the appointment of the Interim Administration on the management of the credit institution has the right to repudiate contracts and other credit institution transactions on the grounds and in the manner provided for in article 102 of this federal law.
Article 189-40. Features of invalidation of deals of the credit organization 1. A transaction made by a credit organization (or other persons at the expense of the credit organization) before the date of the appointment of an interim administration for the management of the credit institution, or after such date, may be invalidated under head such an administration in accordance with the procedure and on the grounds prescribed by this federal law, as well as the Civil Code of the Russian Federation and other federal laws, taking into account the characteristics laid down in this paragraph.

2. A declaration accepting the deal of a credit institution to be invalid may be filed in the Court of arbitration of the Interim Administration on the management of the credit institution, as well as by the Agency on behalf of a credit institution if the Bank of Russia has approved the plan of participation of the Agency in the implementation of measures to prevent bankruptcy.
3. the periods during which the committed transactions that may be considered null and void, or obligations of the credit institution, referred to in articles 61-2, 61-3 and paragraph 4 of article 61-6 of this federal law shall be calculated from the date of the appointment of the Bank of Russia to the Transitional Administration in the management of the credit institution, and if in respect of a credit institution on bankruptcy prevention measures are being implemented with the participation of the Agency, from the date of approval by the Board of banking supervision of the Bank of Russia plan participation of the Agency in the implementation of measures to prevent bankruptcy.
4. In case of contesting the head of the Interim Administration on the management of the credit institution on the basis of article 61-3 of this federal law deals to cancel credit institution funds from the client's account in that credit institution debt to the credit organization (as based on customer orders, and without it), by means of a credit institution funds from the client's account in that credit institution on account of the same or another person to another credit institution (both based on customer orders and without it) or by cash monetary funds from the client's account, the burden of proof that the relevant transactions beyond ordinary course of business of the credit institution, lies at the head of the Interim Administration on the management of the credit institution.
5. it is assumed (until proven otherwise) that the deal went beyond the ordinary course of business if at least one of the following conditions: 1) contested the payment was effected via credit institution the correspondent account (sub-account) with violation of the order established by the Civil Code of the Russian Federation, in the presence of other customer orders denominated in the same currency and unsatisfied due to insufficient funds on the correspondent account specified (sub-account) this credit organization or if it is proved that the client who contested a payment or payee knew about the existence of such other outstanding orders on a correspondent account (sub-account) this credit organization;
2) client or payee is interested or controlling person towards the credit organization;
3) appointment or the size of the contested payment differs significantly from previously implemented client payments, taking into account its previous relationship with the credit institution and the customer cannot provide reasonable convincing justification of the payment and the amount of the payment or the totality of the customer's payments committed within one operational day, exceeded one million rubles, and for payments, which have been effected in foreign currency exceeded the equivalent of one million rubles at the exchange rate of the Central Bank of the Russian Federation at the date of payment. This subparagraph does not apply to final payments, aimed at the performance of monetary obligations of the credit organization concluded with other credit institutions credit agreements, treaties or treaties bank account deposit (deposit).
6. rule of paragraph 2 of article 61-4 hereof on the possibility of invalidating transactions made in the ordinary course of business, if their price or size exceeds one percent of the value of the assets, does not apply to challenge payments aimed at execution of monetary obligations of the credit organization concluded with other credit institutions credit agreements, treaties or treaties bank account deposit (deposit). Such payments may be declared invalid in accordance with paragraph 1 of article 61-2 or article 61-3 of this federal law only in accordance with paragraph 5 of this article.
7. Challenging deals of the credit institution in accordance with paragraphs 5 and 6 of this article, paragraph 4 of article 61-4 hereof shall not apply.
8. In the case brought by the head of the Interim Administration on the management of the credit institution, in case of termination of the Transitional Administration for the management of the credit institution, a credit institution is recognized by the plaintiff, represented by its management authority, and in case of acceptance by arbitration court decisions declaring the credit institution bankrupt and on the opening of bankruptcy proceedings (approval of bankruptcy trustee) or the decisions of the arbitral tribunal on the appointment of the liquidator of the credit institution represented by the bankruptcy trustee or liquidator of the credit institution.
9. The transaction, which made credit organization party payment system, central clearing counterparty payments, payment system and accounting Centre to which the credit institution is bound by defining payment clearing positions on a net basis within the framework of the payment system, provided that the transaction requirements of the Federal law dated June 27, 2011 year N 161-ФЗ "about national payment system" could not be invalidated on the grounds provided for in this article.
10. a transaction or transfer of funds committed credit organization party foreign payment system, may not be declared invalid on grounds provided for by this article, if the credit institution are carried out between party of foreign payment system or other crediting Organization (including a foreign credit institution or foreign bank) in its order and foreign central counterparty clearing of payments, which opened a bank account with the Bank of Russia.
11. a transaction made by a bank or other persons at the expense of the Bank in respect of which effected (carried out) on bankruptcy prevention measures with the participation of the Agency under this section may be declared invalid on application by the specified bank or Agency in accordance with the procedure and on the grounds prescribed by this federal law, as well as the Civil Code of the Russian Federation and other federal laws, taking into account the characteristics laid down in this paragraph. To challenge such transactions apply rules under Chapter III-1 of this federal law, paragraphs 1-10 of this article, unless otherwise provided for in this paragraph. Periods during which the committed transactions that may be declared invalid in accordance with article 61-2 or 3-61 of this federal law shall be calculated from the date of approval by the Board of banking supervision of the Bank of Russia plan participation of the Agency in the implementation of measures to prevent bankruptcy.
12. In the case brought by the Agency upon application, from the expiry of the implementation plan, the involvement of the Agency in the implementation of measures to prevent the bankruptcy of the Bank (completion of the bankruptcy prevention measures) the plaintiff recognizes the credit institution represented by its management authority, and in case of acceptance by arbitration court decision declaring Bank bankrupt and on the opening of bankruptcy proceedings (approval of bankruptcy trustee) or the decisions of the arbitral tribunal on the appointment of the liquidator of the credit institution represented by the bankruptcy trustee or liquidator of the credit institution.
Article 189-41. The costs of the Transitional Administration for the management of the credit institution 1. The costs of the Transitional Administration for the management of the credit institution, its activities are carried out at the expense of the credit institution.
2. the cost estimate of the Interim Administration on the management of the credit institution shall be approved by the Bank of Russia.
3. The costs of the Transitional Administration for the management of a credit institution within the authorized bank of Russia estimates compensable extraordinarily.
4. in case of absence of funds on the correspondent account of the credit institution on the orders of the head of the Interim Administration on the management of the credit organization within the approved cost estimates can be made sale of foreign currency held in correspondent accounts with credit institutions other credit organizations and proceeds credited to the correspondent account of the credit organization in the establishment of the Bank of Russia.
Article 189-42. Report of the Interim Administration on the management of the credit institution, the Interim Administration on the management of the credit institution accountable to the Bank of Russia in the manner prescribed by normative acts of the Bank of Russia.
Article 189-43. The termination of the Transitional Administration for the management of the credit institution 1. Bank of Russia takes the decision on the termination of the Transitional Administration for the management of the credit institution: 1) if the causes that gave rise to its destination;

2) after the arbitral tribunal on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings (bankruptcy trustee approval) or the entry into force of the decisions of the arbitral tribunal on the appointment of the liquidator of the credit organization;
3) on other grounds provided for by this paragraph and the normative acts of the Bank of Russia.
2. If a credit institution bankrupt or deciding on the compulsory liquidation of the Transitional Administration for the management of the credit institution in a period not exceeding 10 working days after the arbitral tribunal on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings (bankruptcy trustee approval) or the day of entry into force of the decisions of the arbitral tribunal on the appointment of the liquidator of the credit organization, to submit to him, seals and stamps of the credit organization , accounting and other documentation, including the register of creditors ' claims of the credit institution, financial and other assets of the credit institution, taken from the executive bodies of the credit institution in accordance with paragraph 2 of article 189-35 hereof.
Order the termination of the Transitional Administration for the management of the credit institution shall be established by the normative acts of the Bank of Russia.
3. the termination of the Transitional Administration for the management of the credit institution if the causes that gave rise to its destination, entails restoring the powers of the executive bodies of the credit institution.
4. the powers of the head of the credit institution, suspended for the period of the Transitional Administration for the management of the credit institution on the performance of their duties, are restored after the termination of the Transitional Administration for the management of the credit institution, if the head of a credit organization is not removed from Office in accordance with labour legislation.
5. an act of the Bank of Russia on the termination of the Transitional Administration for the management of the credit institution is published by the Bank of Russia "Bulletin of the Bank of Russia" and no later than the next working day from the date of the enactment of the said Act, the Bank of Russia is included in Federal Register of information about bankruptcy.
Article 189-44. The inclusion of the Bank of Russia information in Federal Register of information about bankruptcy 1. The inclusion of the Bank of Russia in the Federal Register of information about bankruptcy information from the Interim Administration on the management of the credit institution and the information documents referred to in Articles 189-189-25-43 of this federal law, shall be carried out within five working days of receiving the relevant information and documents to the Bank of Russia.
2. the inclusion of the Bank of Russia set out in Articles 189-189-25-43 of this federal law information, documents in the Federal Register of information about bankruptcy is free of charge with the Bank of Russia.
Article 189-45. The requirement of the Bank of Russia on the reorganization of credit institutions 1. The Bank of Russia have the right to require the reorganization of a credit institution in cases stipulated by paragraphs 1-3 of paragraph 1 of article 189-26 of this federal law. Order for referral requirements of the Bank of Russia on the reorganization of a credit institution is established by paragraphs 1 and 2 of article 189-20 hereof.
2. reorganization of a credit organization shall take the form of a merger or affiliation in the manner prescribed by federal laws and adopted in accordance with the normative acts of the Bank of Russia.
Article 189-46. The credit organization in the case of the requirements of the Bank of Russia on its reorganization 1. In the case of the requirements of the Bank of Russia on the reorganization of a credit institution the sole executive body of a credit organization shall within five days from its receipt of the request in the management bodies of a credit institution referred to in paragraph 1 of article 189-19 of this federal law, petition for the need for reorganization of the credit institution.
2. The management bodies of the credit institution, as defined in article 189-19 of this federal law, shall be obliged within ten days from the date of receipt of the demand of the Bank of Russia on the reorganization of the Bank of Russia to inform of the decision.
3. stability requirements of credit institutions, arising when merging credit institutions shall be defined by the normative acts of the Bank of Russia.
Article 189-47. Proposal of the Bank of Russia on the participation of the Agency in the implementation of measures to prevent bankruptcy or settlement of liabilities 1. Bank of Russia may send a proposal on the participation of the Agency in the implementation of measures to prevent bankruptcy if there is evidence of its precarious financial situation, threatens the interests of its creditors (depositors) and (or) a threat to the stability of the banking system.
2. the Bank of Russia has the right to send the proposal to the Agency's involvement in the settlement of the obligations of the Bank if there are signs of its precarious financial situation, threatens the interests of its creditors (depositors).
3. For the purposes of this paragraph, signs of the precarious financial situation of the Bank, posing a threat to the interests of its creditors (depositors), in particular, are reflected in the accounts of the Bank and (or) the establishment of the Bank of Russia, the agency or other persons of documented facts, transactions (transactions), the presentation of fair reporting which leads (lead) to violate Bank obligatory standards and (or) time Bank commitments, and (or) conditions of participation in the obligatory social insurance contributions and (or) rise to grounds for the implementation of measures for the prevention of insolvency (bankruptcy) of the Bank and (or) the presence of other documented evidence of a threat to the interests of creditors (depositors).
4. the Bank of Russia has the right to decide on the direction of the Bank representatives of Bank of Russia and representatives of the Agency in order to analyse the financial situation of the Bank to decide whether the direction to the Agency proposal about agency involvement in the implementation of measures to prevent bankruptcy or proposal for participation in the settlement of the obligations of the Bank.
5. term analysis of financial situation of the Bank may not exceed forty-five days. This period may be extended by the Bank of Russia on the basis of a reasoned motion of the Agency not more than ten days.
6. Procedure for conducting analysis of the financial status of the Bank and its method of spending are determined by regulation of the Bank of Russia.
7. the representatives of the Bank of Russia and representatives of the Agency have the right of access to all premises of the Bank, any documents and information systems of the Bank, and also have the right to request and receive from the Bank any information (including information constituting commercial and banking secrecy) and documents.
Representatives of the Bank of Russia and representatives of the Agency shall be entitled to participate, without the right to vote, in meetings of the management bodies of the Bank, its committees, commissions and other deliberative bodies.
8. Obstruction on the part of bank managers and other employees of the Bank, other persons exercise of the functions of the representatives of the Bank of Russia and representatives of the Agency (including the obstruction of access to the premises of the Bank, its documentation and other information carriers or their concealment) entail liability in accordance with the legislation of the Russian Federation.
9. in carrying out the analysis of the financial situation of the Bank, the Agency has the right to assess whether the property of the Bank for the implementation of the settlement obligations of the Bank in accordance with article 189-51 of this federal law.
Methods of evaluating the adequacy of the Bank's assets for the implementation of the settlement obligations of the Bank shall be determined by regulation of the Bank of Russia in agreement with the Agency.
To determine the market value of the property, including the property rights belonging to him, the Agency has the right to attract an evaluator at their own expense.
10. based on the results of the analysis of the financial situation of the Bank, representatives of the Bank of Russia and representatives of the Agency shall submit to the Bank of Russia and the agency joint report on their findings to the Bank of Russia decision on whether directions to the Agency proposal about agency involvement in the implementation of measures to prevent bankruptcy or settlement of obligations of the Bank.
11. The report of the representatives of the Bank of Russia and representatives of the Agency, pursuant to paragraph 10 of this article shall contain conclusions about the expediency of directions to the Agency proposal about agency involvement in the implementation of measures to prevent bankruptcy or settlement of obligations of the Bank.
12. the decision to dispatch the agency proposals on the participation of the Agency in the implementation of measures to prevent bankruptcy or settlement of liabilities was adopted by the Committee of banking supervision of the Bank of Russia.

13. From the date of circulation by the Bank of Russia in the Agency proposal about agency involvement in the implementation of measures to prevent bankruptcy and before the date of expiry of the implementation of measures to prevent bankruptcy, the Bank of Russia has the right to take the following decisions: 1) does not apply to the measures under article 74 of the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)";
2) not to impose under article 48 of the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation" the ban on bringing in cash assets of private individuals into deposits and opening bank accounts for natural persons;
3) to maintain the Bank's license for carrying out banking operations in the cases provided by paragraph 2 of article 20 of the Federal Act "on banks and banking activities";
4) submit to the Bank a respite (installments) to amend the amount of nedovnesennyh funds in required reserves deposited with the Bank of Russia for the implementation of the plan of the Agency's involvement in the bankruptcy of the Bank. In this case, the Bank shall prepare a monthly calculation of required reserves to be deposited, and submit it to the Bank of Russia in the manner prescribed by the Bank of Russia.
Article 189-48. The decision on the participation of the Agency in the implementation of measures to prevent bankruptcy or settlement of liabilities 1. When considering the proposal of the Bank of Russia for participation in the implementation of measures to prevent bankruptcy or settlement of liabilities the Agency is entitled to for appropriate action: 1) request and receive the Bank of Russia for more information and documents on the financial situation of the Bank;
2) apply to the Bank of Russia to other persons with a proposal on the definition of the bankruptcy prevention activities;
3) to negotiate with the management bodies of the Bank, its founders (participants) and other persons having a contractual relationship with the Bank, on the implementation of measures to prevent bankruptcy or settlement of liabilities;
4) take other actions with a view to taking a decision on the issue of the desirability of its participation in the implementation of measures to prevent bankruptcy or settlement of obligations of the Bank.
2. The Agency's decision on the desirability of its participation in the implementation of measures to prevent bankruptcy or settlement of liabilities was adopted by him on the basis of the principles of good faith, reasonableness, sufficient awareness of the financial position of the Bank, minimizing the expenditure of the mandatory deposit insurance fund and other assets of the Agency.
3. the Agency shall, not later than within ten days after receipt of a proposal of the Bank of Russia on the participation of the Agency in the implementation of measures to prevent bankruptcy or settlement of liabilities of the bank notifies the Bank of Russia to decide on their participation in the implementation of measures to prevent bankruptcy or settlement of liabilities or refuse from such participation.
4. Decisions of the Agency to waive participation in the implementation of measures to prevent bankruptcy or settlement of liabilities of the Bank, as well as the decision to participate in the settlement of the obligations of the Bank in respect of which the Agency proposal was sent to the Bank of Russia for participation in the implementation of measures to prevent bankruptcy, must be motivated.
Article 189-49. The Agency's participation in the implementation of measures to prevent bankruptcy 1. Measures to prevent the bankruptcy of the Bank can be carried out by Agency: 1) financial assistance provided for under the present article;
2) tendering for the sale of property which is the enforcement of the obligations of the Bank, including the Bank of Russia;
3) serve the Interim Administration on the management of the Bank in accordance with article 189-34 of this federal law;
4) other ways provided for in this paragraph.
2. Measures to prevent the bankruptcy of the Bank with the participation of the Agency are carried out on the basis of the approved by the Committee of banking supervision of the Bank of Russia plan participation of the Agency in the implementation of measures to prevent the bankruptcy of the Bank, which shall be sent by the Agency to the Bank of Russia not later than within twenty days from the date of notification by the Agency to the Bank of Russia to decide on its involvement in the bankruptcy of the Bank.
3. within 10 days of receipt of the Agency's participation in the implementation of the plan of measures to prevent bankruptcy Committee of banking supervision of the Bank of Russia makes a decision on its approval or denial of its approval.
If the Agency's participation in the implementation of the plan of measures to prevent bankruptcy provides for the use of funds from the Bank of Russia, adopted by the Committee on banking supervision of the Bank of Russia, the plan is also subject to approval by the Board of Directors of the Bank of Russia within the specified period.
The procedure for approving the plan for the participation of the Agency in the implementation of measures to prevent bankruptcy, changes to approved Bank of Russia plan participation of the Agency in the implementation of measures to prevent bankruptcy, set a regulatory act of the Bank of Russia.
The plan establishes the form and scope of the Agency's financial assistance.
If necessary, the Agency makes the plan change in the manner provided for the acceptance and approval of this plan.
4. the Committee of banking supervision of the Bank of Russia takes a decision on the approval of the changes or reject approval of changes to the Agency's participation in the implementation of the plan of measures to prevent the bankruptcy of the Bank within the period stipulated in paragraph 3 of this article, from the date of receipt by the Bank of Russia of changes made to the Agency's participation in the implementation of the plan of measures to prevent bankruptcy.
5. during the period from the date of approval of the plan for the participation of the Agency in the implementation of measures to prevent bankruptcy and before the date of the expiration of its implementation (completion of the bankruptcy prevention measures), the Agency shall submit to the Bank of Russia monthly progress report on the implementation of the activities envisaged under the plan. Part of the report and its presentation shall be established by regulation of the Bank of Russia.
6. In the event of a decision to refuse approval of a plan of participation of the Agency in the implementation of measures to prevent bankruptcy or in the event of failure to implement the plan, including as a result of the failure of the plan by the Bank, the Bank of Russia cancels the decision taken in accordance with paragraph 13 of article 189-47 of this federal law.
7. the Bank of Russia and the Agency shall exchange information on the existence of grounds indicating inability to carry out the plan of participation of the Agency in the implementation of measures to prevent bankruptcy.
8. When implementing the measures to prevent bankruptcy, the Agency may provide financial assistance to: 1) to the persons (person), which in accordance with the approved plan, the involvement of the Agency in the implementation of measures to prevent the bankruptcy of the Bank the Bank's shares in an amount of not less than seventy-five per cent of the ordinary shares of the Bank in the form of a joint stock company (the share in the authorized capital, representing at least three quarters of voices from the total number of votes of the participants of the Bank in the form of a limited liability company) (hereinafter investors);
2) in case of purchasing a Bank agency and (or) investors in accordance with the approved plan, the involvement of the Agency in the implementation of measures to prevent the bankruptcy of the Bank's shares in an amount of not less than seventy-five per cent of the ordinary shares of the Bank in the form of a joint stock company (interests in Charter capital, which grant the right to vote, in the amount of not less than three-fourths of votes from the total number of votes of the participants of the Bank in the form of a limited liability company).
9. the provision of financial assistance to the Agency in accordance with subparagraph 1 of paragraph 8 of this article shall be carried out subject to the investor requirements established by the Bank of Russia.
10. Information on compliance referred to in paragraph 9 of this article to the requirements of the investor is obliged to submit to the Bank of Russia. In the provision of financial assistance by the Agency to the investor, the Agency has the right to request and receive the Bank of Russia documents confirming compliance with investor requirements established by the Bank of Russia.
11. in providing financial assistance to the Bank, the Agency has the right to acquire property, including rights to individuals, without the latter's consent.
12. financial assistance in the form of a contribution to the authorized capital of the Bank at the expense of the Agency the Agency is provided while the following conditions: 1) reduce the size of the authorized capital of the Bank by the Bank of Russia to the value of own funds (capital) or one ruble (with negative values of own funds (capital);

2) termination liabilities subordinated loan agreements (contracts of deposit, loan, bond), including interest and financial sanctions for failure to comply with obligations under subordinated loans (deposits, loans, bond) or the implementation of Exchange (conversion) of creditors ' claims on subordinated loans (deposits, loans, bond), including interest and financial sanctions for failure to comply with obligations under subordinated loans (deposits, loans, bond) on ordinary shares (shares in authorized capital) of the credit organization;
3) acquisition agency and (or) Investor (investors) shares (interests in Charter capital) of the Bank in the amount of not less than seventy-five per cent of the ordinary shares of the Bank in the form of a joint stock company (interests in Charter capital, which grant the right to vote, in the amount of not less than three-fourths of votes from the total number of votes of the participants of the Bank in the form of a limited liability company).
13. the provision under paragraph 8 of this article, the financial assistance on the basis of agency agreements (contracts).
14. in accordance with the plan of participation of the Agency in the implementation of measures to prevent bankruptcy, the Agency can act as the organizer of auctions on sale of property, which is the enforcement of the obligations of the Bank, including the Bank of Russia.
15. payment of termination indemnities, compensations and other amounts in the case of termination of the employment contract with the sole executive body of the Bank (including by choice or by agreement of the parties) in respect of which the Agency carried out measures to prevent bankruptcy, his deputies, members of the collegial executive body of the credit organization, Chief Accountant, his deputies, as well as the branch manager of a credit institution, the Chief Accountant of a branch of a credit institution shall be made in the amount of no more than the minimum amount stipulated in article 181 of the labour code of the Russian Federation.
Article 189-50. Change the size of the Bank's authorized capital and (or) composition of shareholders (participants) of the Bank according to the decision of the Bank of Russia 1. During the period of the Transitional Administration for the management of the credit institution appointed under subparagraph 6 of paragraph 1 of article 189-26 of this federal law, the Bank of Russia has the right to take the decision to reduce the size of the authorized capital of the Bank up to the own funds (capital), and if this value is negative, to one ruble.
2. the amount of own funds (capital) of the Bank calculated the interim 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 (Bank of Russia)".
3. Decision to reduce the size of the authorized capital of the Bank up to the own funds (capital) or one ruble was adopted by the Committee of banking supervision of the Bank of Russia in the manner prescribed by regulations of the Bank of Russia, and shall be formalized by the Bank of Russia. Message about reducing the size of the authorized capital of the Bank is published in the "Bulletin of the Bank of Russia" not later than within ten working days from the date of adoption of the decision and is placed in the Federal Register of information about bankruptcy.
4. the decision of the Bank of Russia on the reduction of the amount of the authorized capital of the Bank shall enter into force on the date of adoption of the corresponding bank of Russia and the order may be appealed within thirty days from the date of the first publication or posting of the communication referred to in paragraph 3 of this article. Appeal against the decision of the Bank of Russia and (or) implementation of measures to ensure the Bank's claims do not suspend such decision the Bank of Russia.
Based on specified in this paragraph of the decision, the Interim Administration on the management of the credit institution is obliged to commit actions aimed at bringing the constitutive documents of the Bank in compliance with the decision. For banks operating in the form of a joint stock company, the Interim Administration on the management of the credit institution takes the decision on the placement of shares, prepares and approves the decision to issue shares and to report on the issue of shares in accordance with the requirements of the normative acts of the Bank of Russia.
5. In the case of the admission of equity securities to trading in organized on the territory of the Russian Federation, the Interim Administration on the management of the credit institution before deciding on the placement of shares (bringing founding documents of the Bank in compliance with decision) directs to the organizers of the trading in the securities market (stock exchanges) Declaration on the cessation of bidding for shares and options of the issuing bank.
6. In case of adoption of the decision by the Bank of Russia on the reduction of the amount of the authorized capital of the Bank, the Bank of Russia within three working days from the date of the Interim Administration on the management of the credit institution all proper documents under paragraph 1 of article 17 of the Federal Act of August 8, 2001 N 129-ФЗ "about the State registration of legal entities and individual entrepreneurs" (hereinafter referred to as the Federal law "on State registration of legal entities and individual entrepreneurs") , makes a decision referred to in paragraph 3 of article 10 of the Federal law "on banks and banking activities".
7. the authorised registration body within one working day from the date of receipt of the required information and documents introduced into the unified State registry of legal persons for information about decreasing the size of the authorized capital of the Bank on the basis of the documents to the Interim Administration for the management of the credit institution.
8. At the same time reducing to address Bank of Russia the size of the authorized capital of the Bank will not be governed by the federal laws: 1) for mandatory notification of creditors of their right to demand from the Bank the termination or early performance of obligations and compensation for related losses;
2) on the right of the creditor bank requirements statement of termination or early performance of obligations and compensation for related losses;
3) on liquidation of the Bank, if the amount of its own funds (capital) is less than the minimum amount of the authorized capital, established by federal law and regulation of the Bank of Russia on the date of State registration of a bank.
9. When reducing the size of the authorized capital of the Bank by the Bank of Russia will not apply the provisions of article 29 of the Federal law "on joint stock companies" and article 20 of the Federal law "on limited liability companies".
10. If at the time of adoption of the decision to reduce the size of the authorized capital of the Bank in the form of a joint-stock company is at any stage of issue of shares, the Bank of Russia makes a decision on the recognition issue failed and the cancellation of its registration (unless the State registration of issue (additional issue) of shares does not provide the State registration of the report on the outcome of their issue (additional issue) and was carried out at least one transaction for the placement of this issue (additional issue).
11. If the procedure of shares issue did not provide the State registration of the report on the outcome of their issue (additional issue) and made at least one transaction for the placement of this issue (additional issue), the Interim Administration on the management of the credit institution regardless of the conditions of the issue of the term of placement of shares decides to terminate the placing and approving the notification of results of release (additional issue) of shares.
12. In the case referred to in paragraph 11 of this article, the temporary administration on the management of the credit institution within three working days from the date of adoption of the decision on the completion of the placing and approving the notification of results of release (additional issue) of shares is obliged to decide on amendments to the Statute of the Bank. Bank of Russia within one working day from the date of the Interim Administration on the management of the credit institution of all documents properly takes a decision referred to in paragraph 3 of article 10 of the Federal law "on banks and banking activities". Authorized registration authority within one working day from the date of receipt of the required information and documents introduced into the unified State registry of legal persons for information about increasing the size of the authorized capital of the Bank on the basis of the documents to the Interim Administration for the management of the credit institution.
13. If at the time of adoption of the decision to reduce the size of the authorized capital of the Bank in the form of a limited liability company located at any stage to increase the size of the share capital, the Bank of Russia decides for rescission of the decision to increase the size of the Bank's authorized capital.

14. If at the time of the Bank of Russia defeated shares ' issue (decision for rescission of the decision to increase the size of the authorized capital) in the address of the Bank received cash in return for shares (shares) such moneys by order of the Transitional Administration for the management of the credit institution must be returned in accordance with the legislation of the Russian Federation not later than within three working days from the date of the adoption of the Bank of Russia to cancel a State registration of issue (additional issue) of shares (a decision repealing the decision on the increase the size of the authorised capital) of the Bank.
15. Own shares (shares) of the Bank, held by it on the balance sheet at the time of adoption of the decision by the Bank of Russia on the reduction of the amount of the authorized capital of the Bank shall be repaid.
16. The Interim Administration on the management of the credit institution may be accepted the decision about offering of additional shares (making an additional contribution to the authorized capital) of the Bank. In the case of adoption of the decision by shareholders (participants) of the Bank does not apply the preferential right to purchase shares (shares) of the Bank.
Additional issue of the Bank's shares may be fully or partly acquired by the Agency under the conditions provided for by article 189-49 of this federal law. The Agency has the right to make a contribution to the authorized capital of the Bank.
17. the placement of additional shares (making an additional contribution to the authorized capital) the Bank may not be shareholders (participants) of the Bank, owned by more than one percent of its shares (shares) during the three months preceding the date of the Bank of Russia offers to the Agency about its involvement in the bankruptcy of the Bank, and before the date of decision-making about placing additional shares (making an additional contribution to the authorized capital) of the Bank.
18. Agency share and (or) investor in the authorized capital of the Bank as a result of its increase should be at least seventy-five per cent of the ordinary shares of the Bank in the form of a joint stock company (interests in Charter capital, contributing at least three fourths of votes from the total number of votes of the participants of the Bank in the form of a limited liability company).
19. For the acquisition by the agency or an investor shares (shares) of the Bank in accordance with the measures to prevent the bankruptcy of the Bank is not subject to the provisions of federal laws governing: 1) prior or subsequent approval of the Bank of Russia for the purchase of stocks (shares) of the Bank;
2) obtain consent to deal with the shares of the Bank the Federal competition authority (federal anti-monopoly authority notice);
3) acquisition of 30 percent or more of the ordinary shares of the Bank, a joint-stock company;
4) compliance with the minimum amount of the authorized capital of the Bank, established by federal law and regulatory acts of the Bank of Russia on the date of State registration of a bank;
5) order disclosure in the form of messages on material facts;
6) bringing the authorized federal body of executive power to determine prices of Bank shares;
7) implementation of the right of way acquisition of stocks (shares) of the Bank;
8) endorsement deal, in which there is interest.
20. the authorised registration body makes into the unified State registry of legal persons information on the increase of the authorized capital of the Bank on the basis of the documents to the Interim Administration for the management of the credit institution.
21. If as a result of the implementation of measures to prevent bankruptcy, under this paragraph, the investor or the Agency became the owners of more than ninety-five percent of ordinary and/or preferred shares of the Bank, providing the right to vote, in accordance with paragraph 5 of article 32 of the Federal law "on joint stock companies", the investor or the Agency has the right to buy out the remaining shareholders-shareholders of the Bank, as well as the owners of emissive securities convertible into such shares listed securities.
22. On investors or agency directing the Bank's securities repurchase requirement pursuant to paragraph 21 of this article is not subject to the provisions of federal laws referred to in paragraph 19 of the present articles, as well as the requirements of article 84-8 federal law "on joint stock companies" of prior direction of the Bank appropriate voluntary or mandatory sentence and on the acquisition as a result of the adoption of such a proposal at least ten per cent of the total number of ordinary and preferred shares of the Bank providing the right to vote.
23. investors or the Agency has the right to send to the Bank the securities repurchase requirement of a credit institution in accordance with paragraph 21 of this article at any time during the plan period the Agency's participation in preventing bankruptcy.
24. Redemption of securities of the Bank is carried out at a price equal to the market value and must be determined by an independent appraiser not later than six months before the date of dispatch of the Bank demands for redemption of securities of the Bank.
25. the payment of the purchased securities is made only in cash. If the aggregate value of securities owned by one person, which are redeemed shares is less than one penny, these securities are redeemed at a price equal to one kopeck per all belong to this individual securities.
26. the peculiarities of issuance and registration of securities banks in implementing Agency on bankruptcy prevention measures are established by regulations of the Bank of Russia.
Article 189-51. General provisions on the settlement of liabilities 1. In the settlement obligations of the Bank applies the transfer of assets and liabilities to another bank, which will be a purchaser (hereinafter acquirer).
2. The transfer of assets and liabilities of the bank acquirer assumes vozmezdnuû transfer to the acquiring bank's property (including property rights) as well as oncoming submission-a purchaser for the Bank received from the transfer of debt obligations to creditors of the Bank.
3. The transfer of assets and liabilities is performed on the basis of the principles of good faith and reasonableness of the action of the Interim Administration on the management of the Bank, to protect the rights and legitimate interests of creditors, including minimizing their losses on the realization of their right to obtain satisfaction of their legitimate requirements for jar size value obligations transferred equivalence of property passed in concession, priorities and proportionality of the arrears to its creditors.
4. the arrangements for the settlement of liabilities of the Bank are carried out by the Agency following the revocation of the license for carrying out banking operations on the basis of the agreed by the Committee of banking supervision of the Bank of Russia Agency participation plan in the settlement obligations of the Bank.
5. plan of the Agency's involvement in the settlement of the obligations of the Bank for the transfer of assets and liabilities, must contain information on the composition of the transferred assets and liabilities, costs of property passed in concession and the amount of the transferred obligations, such property assessment methods, as well as forms, extent and procedure for possible funding by the Agency under the plan of activities of the parties to the settlement obligations of the Bank.
6. Plan the Agency's involvement in the settlement of the obligations of the Bank shall be directed by the Agency to the Bank of Russia no later than twenty days from the date of adoption by the Agency of the Bank of Russia's proposals on the participation in the settlement of the obligations of the Bank or from the date of the Agency in the decision on the participation of the Bank of Russia in the settlement of the obligations of the Bank in respect of which the Bank of Russia was sent a proposal to participate in the implementation of measures to prevent bankruptcy.
7. the Bank of Russia agrees on a plan the Agency's involvement in the settlement of the obligations of the Bank in the manner provided for approval of a plan of participation of the Agency in the implementation of measures to prevent bankruptcy, when deciding on the revocation of the Bank a license for carrying out banking operations.
8. In the case of the agency decision on participation in the settlement of the obligations of the bank functions of the interim administration, appointed by the Bank management in connection with the withdrawal of the Bank's license for carrying out banking operations shall be by order of the Bank of Russia on the Agency. The Agency carries out the functions and powers of the Transitional Administration for the management of the Bank through his appointed from among the representatives of its employees, which operate on the basis of power of attorney.
Article 189-52. Transfer of assets and liabilities to the recipient 1. Transfer of assets and liabilities of the bank acquirer must be completed no later than fourteen days from the date of approval of the Bank of Russia Agency participation plan in the settlement obligations of the Bank.
2. the Purchaser can be transferred all or part of the obligations of the Bank.

In the case of transfer of part of the liabilities of the bank acquirer obligations of creditors subsequent queue are transmitted only after full transfer of obligations of creditors of previous phases. The specified priority shall be determined in accordance with article 189-92 of this federal law.
May not be transferred to the acquiring part of the Bank's liabilities in a single queue, unless otherwise stipulated by this article.
3. In the composition of assets and liabilities-transferable part of obligations to creditors of the first stage of the amount owed to those creditors insurance payments in accordance with the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation (hereinafter also referred to as insured obligations).
In the case of a transfer to the acquiring insured obligations to creditors of the first stage of payment of insurance indemnity, including with respect to the undelivered obligations in connection with the insured event in respect of the Bank whose liabilities are transferred to the purchaser.
4. the agency financed by the Fund of obligatory deposit insurance to pay creditors of the first stage, have not received during the liquidation of the Bank meet the requirements in full, the amount compensating the difference between their means and means that they would have received if the assets and liabilities of the Bank were not transferred to the acquirer.
5. the assets and liabilities transferred to the recipient, may include proprietary rights and obligations arising from contracts of lease (sublease) real estate, electricity, provision of public services, contracts for the right to use the relevant results of intellectual activity or means of individualization within limits (license contracts) and other bank agreements previously concluded.
6. Change of the persons in the obligation arising from those referred to in paragraph 5 of this article of the treaties and in which the Bank acts as debtor entails the transfer of the purchaser of the debt (liabilities) arising from Bank (arising) from the date of the transfer of assets and liabilities. Transfer of debt (liabilities) of the Bank arising from these treaties and (raised) before the date of the transfer of assets and liabilities, are not allowed.
7. The adequacy of the transmitted to the recipient property of the Bank for the implementation of the settlement obligations of the Bank in accordance with article 189-51 hereof shall be determined on the basis of the methodology established by the Bank of Russia and agreed with the Agency, in accordance with paragraph 9 of article 189-47 of this federal law.
Size is determined by the Bank's liabilities to the buyer of the Interim Administration on the management of the Bank on the basis of the information available in the Bank.
8. when transferring assets and liabilities of the bank acquirer do not apply the rule of consent of the creditors of the Bank on the transfer of debt to other person rule notice of creditors of the Bank on the transfer of duty of the Bank to the purchaser, the presentation of the Bank's creditors claims for termination or early performance by the Bank of its obligations to them in connection with such a transfer.
9. in the case of transfer to the purchaser in the composition of property passed in concession rights requirements for persons who are creditors of the Bank at the same time, set-off against these rights requirements are not allowed.
In the case of transfer of property rights, composed of tenant leases (subleases) immovable property such contracts may not be terminated earlier than two months from the date of the said transfer.
10. the Agency may provide financial assistance to the recipient by: 1) for the Bank, the assets and liabilities which are transferred to the purchaser, obligations to compensate for inadequate quality of property returned in accordance with paragraph 1 of article 189-55 of this federal law;
2) loan under paragraph 4 of article 189-55 of this federal law.
11. Subject to the conditions provided for in paragraph 4 of article 189-56 of this federal law, financial assistance is provided to the purchaser at the expense of the mandatory deposit insurance fund in an amount not exceeding the maximum payout to depositors of the mandatory deposit insurance fund in respect of the insured obligations of the Bank towards its depositors, in accordance with the plan of the Agency's involvement in the settlement of the obligations of the Bank.
12. In case of impossibility of complying with the conditions provided for by article 189, paragraph 4-56 of this federal law, the Agency may provide financial assistance to the purchaser at the expense of another property agency, intended to implement measures to prevent bankruptcy or settlement of obligations of the Bank.
Article 189-53. Purchaser of the property and liabilities 1. Assets and liabilities of the Bank may be transferred to one or more purchasers.
2. The acquirer (purchasers) property and liabilities is determined (defined) based on the closed competition conducted by the Agency, the number of licensed banks to attract cash assets of private individuals into deposits. The procedure and conditions for the holding of a closed competition for the selection of the acquirer (purchasers) property and liabilities of banks are established by the regulation of the Bank of Russia in agreement with the Agency.
3. Notice of the holding of a closed competition conducted in accordance with this article, shall be forwarded by the Agency to persons invited to participate in the contest, not less than three days before the vote.
4. the admission of the Bank to participate in a closed competition for the selection of the acquirer (purchasers) of property and liabilities, the financial position of the Bank is sufficient to discharge the commitments received, as well as to perform the obligatory standards and required reserves, established by the Bank of Russia.
5. information about banks, nominating to participate in a closed competition, is sent to the Bank of Russia. The Bank of Russia has the right to prohibit the participation of the Bank-candidate in the closed competition in case of inconsistency between the candidate Bank requirements set out in paragraph 4 of this article. Banks-candidates approved by the Central Bank of Russia, when the competition provides information on the composition of the assets and liabilities transferred and their value and the methods of evaluation.
6. winner of a closed competition for selection of the acquirer (purchasers) of assets and liabilities is recognized by the person (s), the appropriate modalities for the closed competition and offering the lowest limit of the value of assets that can be returned to the Bank in order of the postback, and with equal bids closed competition on this criterion the person offering the best conditions for other criteria.
7. in the event that the contest is not held on the grounds specified in paragraph 5 of article 447 of the Civil Code of the Russian Federation, the Bank, in accordance with article 189-54 of this federal law enters into a contract of the transfer of assets and liabilities with the sole participant of this contest whose proposal with regard to limit value of assets that can be returned to the Bank in order of the postback is no more than twenty percent.
Article 189-54. Contract transfer of assets and liabilities 1. After the publication of the Bank of Russia orders the revocation of a license for carrying out banking operations on the appointment of an interim administration for the management of the bank acquirer of assets and liabilities and the Interim Administration on the management of the Bank, acting on behalf of the Bank, conclude a contract (contracts) the transfer of assets and liabilities, which specifies the conditions of such transfer. The Treaty (treaties) may contain the consequences of the transfer to the buyer of the property of inadequate quality, including its subsequent postback.
2. improper quality assets for the purposes of this paragraph refers to the property in respect of which, after implementation of the transfer of assets and liabilities identified circumstances that affect the quality of the transferred assets that existed at the time of the conclusion of the contract of transfer, but unknown to the parties to the contract of transfer.
3. Contract transfer to the buyer of the property and liabilities of the Bank shall be in writing and is not subject to state registration. Transfer of immovable property shall be sold on the basis of separate agreements, in accordance with the Treaty, the transfer of the property to the purchaser. Transition state registration of rights to real estate objects is carried out on the basis of the relevant agreements and in accordance with the legislation of the Russian Federation on State registration of rights to immovable property.
4. the assets and liabilities of the Bank are considered to be transferred to the purchaser from the date of signing by both parties of the corresponding deed of transfer.
Real estate is considered to be transferred from the date of the relevant registration of transition of the property rights in accordance with the legislation of the Russian Federation on State registration of rights to immovable property.

From that day on the purchaser passes the risk of accidental loss or accidental damage of the property.
5. After the transfer of the assets and liabilities of the bank acquirer, the latter shall execute the received commitments and (or) the obligation to pay the obligatory payments to the conditions that existed on the day of revocation the Bank a license for carrying out banking operations. While in the period from the date of revocation of the Bank a license for carrying out banking operations up to the date of transfer of its obligations to the buyer of the sanctions for failure to comply with these obligations, stipulated in the contract or by law shall not apply.
6. Simultaneously with the signing of the corresponding deed of transfer, under paragraph 4 of this article, the temporary administration in Bank Management directs for publication in the Print Edition, determined in the manner prescribed by paragraph 1 of article 189-74 of this federal law, information on the transfer to the buyer of the Bank's liabilities. This information shall contain: 1) name of the Bank, sending property (assets) and liabilities or any part thereof, its address and identifies the specified bank details (State registration number of the record of State registration of a legal entity, taxpayer identification number);
2) name of the bank-acquirer, which transferred the property (assets) and liabilities of the Bank or their part, its address and identifies the specified bank details (State registration number of the record of State registration of a legal entity, taxpayer identification number);
3) criteria among the obligations transferred to the purchaser;
4) procedure for obtaining information regarding the attribution of the creditors of the Bank's liabilities before them among the transferred to the recipient.
7. From the date of publication of the information referred to in paragraph 6 of this article, the temporary administration in Bank management, trustee or liquidator (in case of acceptance by arbitration court decision declaring Bank bankrupt and on the opening of bankruptcy proceedings (bankruptcy trustee approval) or of the decision on appointment of liquidator) at the request of a creditor of the Bank must provide information on the composition of the transferred property and liabilities, about the price of the transfer of property.
Article 189-55. Reverse transfer of property 1. Treaty on the transfer of assets and liabilities as the consequences of a possible transfer to the buyer of the property of inadequate quality can be provided for the subsequent return of the Bank of such assets with the payment of the cost of the purchaser (hereinafter referred to as the postback).
A postback can be carried out no later than one year after the signing of a Treaty on the transfer of assets and liabilities. In such a contract should be defined limit value property value that can be returned in the order in which a postback.
2. The Agency shall have the right to execute Bank for its commitment to compensate the buyer of the property value that is returned in the order in which a postback.
3. The Agency, who has performed for the Bank obligations last purchaser compensation value returned in the order in which a postback property goes right to the Bank within the purchaser paid amount. In the course of bankruptcy proceedings (liquidation) of the Bank specified requirement is met in the first queue of creditors.
4. The Agency shall have the right to grant the purchaser a loan for a period not exceeding five years. The size of the residual debt loan purchaser, compensation cost is returned in the order in which a postback property, which may be paid by the Agency to the recipient, may not exceed in the aggregate size of all transferred to the acquiring bank's liabilities and amount of such compensation may not exceed the size of the loan.
Under the agreement, the Agency and the Agency's obligations purchaser purchaser compensation of the value of the property returned in the order in which a postback, stop-off counterclaims Agency (part thereof) to the purchaser under the loan agreement.
Article 189-56. Funding for prevention of bankruptcy and settlement of liabilities 1. In the cases and in the manner prescribed by this federal law, prevention of bankruptcy and settlement of liabilities stipulated by this federal law, shall be carried out at the expense of investors, the Agency of the Bank of Russia, and can also be financed from the federal budget, provided as a property of the Russian Federation's contribution to the assets of the Agency.
2. In order to implement functions for the bankruptcy of banks and settlement of liabilities the Agency opens a correspondent account with the Bank of Russia.
3. For the implementation of measures to prevent bankruptcy, the Agency has the right to apply to the Bank of Russia for the loan. The decision to grant credit to the Agency for the implementation of measures to prevent bankruptcy, was adopted by the Board of Directors of the Bank of Russia. Bank loan can be granted to the agency without providing for a period of up to five years. Bank of Russia may decide to extend the expiry date of the loan agreement, under which the Agency granted credit without collateral, for a period of up to five years.
4. the Agency shall have the right to carry out activities to prevent bankruptcy or settlement of its obligations at the expense of the mandatory deposit insurance fund. The size limit of the means necessary for the implementation of the funding approved in the manner prescribed by the Board of Directors of the Agency. Provided that the other is not stipulated by this federal law, the financing of activities to prevent bankruptcy or settlement of its obligations at the expense of the mandatory deposit insurance fund may only be carried out while under the following conditions: 1) if funding these activities will cause a reduction in the cost of mandatory deposit insurance fund in case of liquidation of the Bank;
2) if funding these activities will not affect the stability of the mandatory deposit insurance fund.
5. The method of calculating the funds of the Agency, including mandatory deposit insurance fund that can be used to prevent bankruptcy, the settlement of its obligations or bankruptcy (liquidation) of the Bank, with a view to the adoption of the Agency's decision to participate in the bankruptcy of a bank or in settlement of its obligations shall be approved by the Board of Directors of the Agency.
6. the allocation of federal funds for the implementation of activities on prevention of bankruptcy or settlement of its obligations with the participation of the Agency by making property contribution from the Russian Federation in the property agency, which is not a mandatory deposit insurance fund, to form the sources of costs of the activities envisaged under the federal laws. How to make a specified property assessment is determined by the Federal law on the federal budget for the financial year and for the plan period.
7. return of funds provided by the Agency to prevent bankruptcy, the persons referred to in article 189-49 of this federal law, or purchaser of property for the purposes of the settlement of obligations, as well as the execution of other commitments to the Agency shall be made within the prescribed time frame relevant treaties, including terms that exceed the plan implementation period the involvement of the Agency in the implementation of measures to prevent the bankruptcy of a bank or Agency involvement plan in the settlement obligations of the Bank.
8. In order to implement measures to prevent bank failures and the settlement of their obligations, the Agency may place in the deposits of the Bank of Russia means that in accordance with this federal law provides funding for these activities.
9. Measures on the content and implementation of property acquired in the implementation of measures to prevent bankruptcy, funded by the Agency in the manner prescribed by the Board of Directors of the Agency, at the expense of the federal budget, provided as a property of the Russian Federation's contribution to the assets of the Agency in accordance with this federal law, as well as the mandatory deposit insurance fund under the conditions provided for in paragraph 4 of this article.
Article 189-57. How to implement the Agency shares (interests in Charter capital), acquired in the course of preventing bank failures 1. If the Agency has acquired shares or contributed to the authorized capital of the Bank, it is obliged upon receipt of proposals the Agency acquired buying stocks (shares), put them up for sale by public tender.

2. the Agency and investors have the right to make provision in the agreement concluded between them the agreement (the contract), the obligation of the investor (investors) to purchase in the future, all owned by the Agency shares (shares) of the Bank (hereinafter referred to as the obligation to purchase). At that price the stocks (shares) should not be less than the price defined in paragraph 8 of this article.
3. If, within the period prescribed by the obligation on the acquisition, the Agency has not received a proposal referred to in paragraph 1 of this article, the Agency's Board decides to hold a public auction in accordance with this article. When the price of stocks (shares) of the Bank may not be less than that specified in the corresponding obligation on the acquisition.
4. In the case provided for in paragraph 3 of this article, the investor (investors), which has taken the obligation to purchase, must participate in a public auction in the manner established by the Agency for such trades.
5. If there is a proposal under paragraph 1 of this article, on the day of the deadline set by the obligation for the purchase, it can be accepted by the Agency in the case of recognition of a public auction failed, except in the case provided for in paragraph 6 of this article, or the recognition of the outcomes of public bidding held invalid.
6. In the case of recognition of the trades not valid on the basis specified in paragraph 5 of article 447 of the Civil Code of the Russian Federation, the Agency enters into a contract of purchase and sale of stocks (shares) of the Bank (or its parts) with a single party to such trades.
7. Purchasers of stocks (shares) of the Bank may not be shareholders (participants) of the Bank, owned by more than one percent of its shares (shares) during the three months preceding the date of the Bank of Russia offers to the Agency on its participation in the implementation of measures to prevent bankruptcy.
8. Price of stocks (shares) of the Bank, implemented by the Agency in accordance with this article shall not be less than the greater of the two values: 1) cost share of net assets of the Bank (assets not encumbered obligations) on the last reporting date before the adoption of the Agency's decision to hold a public auction, the proportionate share of the Agency's participation in the authorized capital of the Bank;
2) size means directed the Agency to pay for stocks (shares) of the Bank.
Article 189-58. The order of consideration of the bankruptcy of the credit institution bankruptcy case credit organization shall be considered by the Court of arbitration according to the rules laid down by the arbitration procedure code of the Russian Federation and the present Federal law.
Article 189-59. Persons involved in the bankruptcy of the credit institution 1. Others involved in the bankruptcy case of the credit organization, along with other specified in paragraph 1 of article 34 of this federal law, persons are: 1) liquidator;
2) Bank of Russia as an organ of the banking regulation and supervision;
3) other natural or legal persons involved to participate in the bankruptcy case, when considering issues provided by subparagraphs 2 and 3 of paragraph 1 of article 189-67 of this federal law.
2. persons mentioned in paragraph 1 of this article, may not have the rights of persons involved in the bankruptcy case.
Article 189-60. Those involved in the arbitration process of bankruptcy proceedings in the arbitration process of the bankruptcy case involved: 1), the representative of the employees of the credit institution;
2) representative of founders (participants) of the credit organization;
3), the representative of the meeting of creditors, or the creditors ' Committee representative of the credit institution;
4) other persons in cases stipulated by Arbitration procedural code of the Russian Federation and the present Federal law.
Article 189-61. Appeal to the Court of arbitration 1. The right of recourse to the arbitral tribunal a statement of recognition of the credit institution bankrupt have: 1) a credit institution;
2) competitive lenders, including natural persons, having the right requirements to the credit institution for the bank deposit agreement and (or) account agreement;
3) authorized bodies;
4) Bank of Russia, including in cases where it was not a creditor of a credit organization.
2. the right of recourse to the arbitral tribunal a statement of recognition of the credit institution bankrupt occurs in bankruptcy creditor or authorized body on monetary obligations of the credit institution following the withdrawal of a license for carrying out banking operations if the requirements on money obligations confirmed by a final decision or other Act of a court, arbitral tribunal definition of extradition writ of execution to enforce an arbitral award, irrespective of the direction (presentation to execution) Executive document in order the legislation of Russian Federation on enforcement proceedings.
3. the right of recourse to the arbitral tribunal a statement of recognition of the credit institution bankrupt occurs in the authorized body on obligatory payments following the withdrawal of credit institution of a license for carrying out banking operations if the claim for payment of obligatory payments confirmed by a decision of the tax authority or the decision of the customs authority for the recovery of debt from the assets of the credit institution, regardless of expiry, provided for in article 7 of this federal law.
4. If the credit institution revocation day license for carrying out banking operations it had signs of insolvency (bankruptcy), provided for by article 189-8 hereof, the Bank of Russia within five days from the date of publication of the decision on the revocation of the credit organization license for carrying out banking operations in "Bulletin of the Bank of Russia" must apply to the arbitral tribunal a statement of recognition of the credit institution bankrupt.
5. In the case of the Interim Administration on the management of the credit institution appointed by the Bank of Russia following the withdrawal of credit institution of a license for carrying out banking operations, signs of insolvency (bankruptcy) of credit institutions, the Bank of Russia within five days from the date of receipt of the request of the Transitional Administration for the management of the credit institution shall submit to the Arbitration Court a declaration of acceptance of the credit institution bankrupt.
6. when the Bank of Russia to the arbitral tribunal a statement of recognition of the credit institution bankrupt taken into account the evidence of signs of insolvency (bankruptcy), stipulated by this federal law. It does not apply the provisions of paragraph 3 of article 6 and paragraph 2 of article 7 of this federal law.
7. The persons referred to in subparagraphs 1-3 of paragraph 1 of this article shall have the right to send to the Bank of Russia statement on withdrawal of credit institution of a license for carrying out banking operations under conditions specified in article 189-8 hereof, accompanied by documents certifying the existence of the credit institution of the monetary obligations and (or) indebtedness for obligatory payments in an amount to be determined on the day of submission of the application in accordance with the requirements of paragraph 2 of article 4 hereof.
8. in reviewing the Bank of Russia of the bankruptcy creditor's statements or statements of the authorized body on the revocation of the credit organization license for carrying out banking operations shall be taken into account the requirements of monetary obligations, confirmed by a final decision or other Act of a court, arbitral tribunal definition of extradition writ of execution to enforce the decision of the Arbitration Court.
9. during its consideration of the statement of the authorized body of the Bank of Russia of withdrawal from the credit organization license for carrying out banking operations shall be taken into account the requirements for payment of compulsory payments, if they are confirmed by the decision of the tax authority or the decision of the customs authority for the recovery of debt from the assets of the credit institution.
10. the right to be treated in Russia the Bank occurs in bankruptcy creditor or authorized body on money obligations upon the expiration of fourteen days from the date of referral (requiring follow up) the Executive instrument in the manner prescribed by the legislation of Russian Federation on enforcement proceedings.
11. the right to be treated in Russia the Bank occurs in the authorized body on obligatory payments to the expiration of fourteen days from the date of adoption of the decision referred to in paragraph 9 of this article.

12. The persons referred to in subparagraphs 1-3 of paragraph 1 of this article, and referring to the Bank of Russia statement on withdrawal of credit institution of a license for carrying out banking operations, Bank of Russia if no response after two months from the date of such statements or from the date of receipt of the refusal or revocation of credit institution specified license may apply to the arbitral tribunal a statement of recognition of the credit institution bankrupt.
Article 189-62. Declarations of acceptance of the credit institution bankrupt 1. Statement of the credit organization for recognition of its bankrupt shall meet the requirements prescribed by this federal law, the debtor's application, taking into account the characteristics laid down in this paragraph.
2. Statement of the bankruptcy creditor or authorized body about recognition of credit institution bankrupt shall meet the requirements set out in articles 39 and 41 of the present Federal Act for a statement respectively of the bankruptcy the creditor, of the authorized body, taking into account the characteristics laid down in this paragraph.
3. a copy of the application to the credit organization for recognition of her bankrupt and copies of the annexed documents shall be sent by the applicant to the Bank of Russia, and in the case provided for in paragraph 1 of article 189-77 of this federal law, also at the Agency by registered letter with advice of delivery or by delivery to the addressee directly at the place of its location.
4. communication of acceptance by arbitration court statements of a credit institution on the recognition of its bankrupt credit institution shall be published in the periodic printed publication at the location of the credit institution and its subsidiaries.
5. A copy of the Declaration of the bankruptcy creditor, a copy of the statement of the authorized body about recognition of credit institution bankrupt, and copies of such statements attached to documents sent by the specified persons to the Bank of Russia, credit institution, and in the case provided for in paragraph 1 of article 189-77 of this federal law, also at the Agency by registered letter with advice of delivery or by delivery to the addressee directly at the place of its location.
6. the statement of the Bank of Russia to the Court of arbitration on the recognition of the credit institution bankrupt must be specified: 1) its name and location;
2) name of the Arbitration Court, served a statement;
3) name of the credit institution and its location;
4) the number and date of the order of the Bank of Russia on the revocation of the credit institution of a license for carrying out banking operations;
5) circumstances evidencing the credit institution have signs of insolvency (bankruptcy), established by this federal law, as well as evidence of those circumstances;
6) list of attached documents.
7. In the statement by the Central Bank of Russia on the recognition of the credit institution bankrupt can be specified other information, if they are necessary for the proper and timely consideration of a bankruptcy case, and contain motions, including a motion for discovery of evidence.
8. the Bank of Russia is obliged to send to the credit institution, and in the case provided for in paragraph 1 of article 189-77 of this federal law, also to the Agency a copy of the Declaration of acceptance of the credit institution bankrupt and copies of documents annexed thereto by registered letter with advice of delivery.
Article 189-63. Documents attached to the application for recognition of a credit institution bankrupt 1. The statement of the credit institution, the bankruptcy creditor or authorized body about recognition of credit institution bankrupt, along with documents provided by the arbitration procedure code of the Russian Federation and this federal law, shall be accompanied by: 1) notice of receipt to the Bank of Russia (in necessary cases the Agency) a copy of the Declaration of acceptance of the credit institution bankrupt and copies of the documents enclosed;
2) notice of receipt to the Bank of Russia in the manner prescribed by paragraphs 7-11 Article 189-61 of this federal law, Declaration of withdrawal from the credit organization license for carrying out banking operations upon the occurrence of signs of its insolvency (bankruptcy) and the enclosed documents.
2.3a except in cases covered by article 189-61 of this federal law, the statement of the credit organization for recognition of its bankrupt, the statement of the bankruptcy creditor authorized body about recognition of credit institution bankrupt along with the documents stipulated by paragraph 1 of this article shall be accompanied by a copy of the order of the Bank of Russia of withdrawal from the credit organization license for carrying out banking operations published in the "Bulletin of the Bank of Russia", or a copy of this order certified by the Bank of Russia.
3. The statement of the Bank of Russia on the recognition of the credit institution bankrupt shall be accompanied by: 1) a copy of the order of the Bank of Russia on the revocation of the credit institution of a license for carrying out banking operations;
2) copies of the constituent documents of the credit organization;
3) copies to be submitted to the Bank of Russia of financial and accounting reports of the credit institution on the last reporting date;
4) copies issued by the credit organization licenses for carrying out banking operations;
5) correspondent account statement the credit institution with the Bank of Russia;
6) required reserves account statement of the credit institution with the Bank of Russia;
7) documents confirming the credit institution signs of insolvency (bankruptcy), including payment of the credit organization clients, not executed it in the prescribed manner (if such payment documents are available);
8) inventory of customers ' payment documents of the credit organization, not executed it in the prescribed manner;
9) help on the correspondent accounts opened a credit organization;
10) notification of delivery persons referred to in paragraph 8 of article 189-62 of this federal law, copies of the Declaration of acceptance of the credit institution bankrupt and copies of the documents enclosed;
11) the power of attorney or other documents certifying authority to sign declarations of acceptance of the credit institution bankrupt.
Article 189-64. The adoption of the Declaration of acceptance of the credit institution bankrupt and the initiation of bankruptcy proceedings 1. Declaration of acceptance of the credit institution bankrupt can be taken by the Court of arbitration and bankruptcy proceedings may be instituted only after the revocation of the credit institution of a license for carrying out banking operations based on statements of persons referred to in paragraph 1 of article 189-61 hereof, if the amount of the credit requirements of the Organization in the aggregate of not less than tysâčekratnogo the size of the minimum wage established by federal law, and if these requirements are not fulfilled within fourteen days from the date of their execution or if the credit institution following the withdrawal of a license for carrying out banking operations the cost of its property (assets) is insufficient for the execution of obligations of the credit institution before its creditors and payment of obligatory payments. The value of the property (assets) and liabilities of the credit institution shall be determined on the basis of the methods established by the normative acts of the Bank of Russia.
2. On the adoption of the Declaration of acceptance of the credit institution bankrupt, the arbitral tribunal shall determine who initiated bankruptcy proceedings.
3. In the determination of the Arbitration Court concerning the adoption of a declaration of acceptance of the credit institution bankrupt specifies the day of the bankruptcy case, and can also contain instructions on order of the Court of arbitration of the Bank of Russia towards the conclusion that there are grounds for the recognition of credit institution bankrupt, to commit persons involved in the bankruptcy case, other actions aimed at ensuring proper and timely consideration of bankruptcy and deadlines for performing these actions.
4. Copy the definition of Arbitration Court concerning the adoption of a declaration of acceptance of the credit institution bankrupt not later than the next day after the date of its issuance shall be communicated to the applicant in the credit institution, Bank of Russia, and in the case provided for in paragraph 1 of article 189-77 of this federal law, also at the Agency.
5. In the event of the commencement of bankruptcy proceedings, upon application by the persons referred to in subparagraphs 1-3 item 1 of article 189-61 hereof, if the order of the Bank of Russia of withdrawal from the credit organization license for carrying out banking operations was issued on grounds not related to the presence of a credit organization signs of insolvency (bankruptcy), the Bank of Russia in the period of not later than ten days from the receipt of a copy of a determination of the Arbitration Court concerning the adoption of a declaration of acceptance of the credit institution bankrupt and initiation of proceedings on bankruptcy sends in a conclusion on the existence of an arbitral tribunal or that there were no grounds for the recognition of credit institution bankrupt.
Article 189-65. The abandonment of an application for recognition of a credit institution bankrupt without traffic

1. the arbitral tribunal in the case of when considering the adoption of a declaration of acceptance of the credit institution bankrupt, that it filed under the circumstances referred to in paragraph 6 of article 189-61 of this federal law, shall determine on the abandonment of the application.
2. the definition of abandonment Declaration of acceptance of the credit institution bankrupt without traffic arbitrage court obliges Russia to present conclusion of the Bank of Russia that it was revoking the credit institution license for carrying out banking operations or a copy of the order of the Bank of Russia on the revocation of the 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 arbitral tribunal on the abandonment of the application.
3. A copy of the determination to uphold the Declaration of acceptance of the credit institution bankrupt without traffic no later than the day following the date of its issuance shall be communicated to the applicant in the credit institution, Bank of Russia, and in the case provided for in paragraph 1 of article 189-77 of this federal law, also at the Agency.
4. In the case of the Bank of Russia to the arbitral tribunal a copy of the order of the Bank of Russia of withdrawal from the credit organization license for carrying out banking operations a declaration of acceptance of the credit institution bankrupt is considered filed on the day of his initial admission to the arbitral tribunal and to the production of the Arbitration Court in the manner prescribed by article 189-64 of this federal law.
Article 189-66. The return of the Declaration of acceptance of the credit institution bankrupt 1. In addition to the grounds for the return of the writ, provided for an arbitration procedure of the Russian Federation, the grounds for the return of the Arbitration Court of an application for recognition of a credit institution bankrupt are: 1) the nonconformity signs of insolvency (bankruptcy) of credit institutions referred to in this statement, the requirements of paragraph 1 of article 189-64 of this federal law;
2) violation by the applicant in the circumstances contemplated in paragraph 6 of article 189-61 of this federal law, the order of application for withdrawal of the credit organization license for carrying out banking operations under paragraphs 7-11 Article 189-61 of this federal law;
3) application for recognition of a credit institution bankrupt, in respect of which a Court of arbitration proceedings on bankruptcy;
4) existence of an enforceable decision of the arbitral tribunal on the invalidation of the Bank of Russia on the revocation of the credit institution of a license for carrying out banking operations;
5) violation of the requirements of §§ 189-189 and 62-63 of this federal law.
2. upon receipt of the opinion of the Bank of Russia that it was revoking the credit institution license for carrying out banking operations statement recognizing its bankrupt returned to the applicant.
3. In case specified in paragraph 2 of this article, the conclusion of the Bank of Russia in a month's time the arbitral tribunal returns to the applicant its Declaration of acceptance of the credit institution bankrupt. In this case, the person making the statement to the Bank of Russia of withdrawal from the credit organization license for carrying out banking operations shall be entitled to claim compensation in the Arbitration Court of the Bank of Russia for the damages caused by the failure of the Bank of Russia of the decision on the revocation of the credit institution specified license or the failure of the Bank of Russia of the decisions provided for in this federal law and within the competence of the Bank of Russia, on the implementation of measures to prevent the bankruptcy of the credit institution.
4. On the return of declarations of acceptance of the credit institution bankrupt, the arbitral tribunal shall determine. This definition shall be sent to the applicant, the credit institution, Bank of Russia, and in the case provided for in paragraph 1 of article 189-77 of this federal law, also at the Agency.
5. determination of the arbitral tribunal on the return a declaration of acceptance of the credit institution bankrupt can be appealed.
In case of cancellation specified definition statement is considered filed on the day of such cancellation.
Article 189-67. Particularly judicial proceedings on bankruptcy 1. In the case of bankruptcy of the credit institution are not resolved questions about: 1) acceptance of the credit organization;
2) prosecute in cases stipulated by this federal law, persons controlling the credit organization;
3) the recognition of transactions and (or) the application of the consequences of the invalidity of transactions made by credit institution.
2. based on the results of the consideration specified in subparagraph 1 of paragraph 1 of this article, the Court shall decide, based on the results of consideration of the issues referred to in subparagraphs 2 and 3 of paragraph 1 of this article, shall determine.
3. applications for authorization issues, subparagraphs 2 and 3 of paragraph 1 of this article, a State fee shall be paid in an amount established by the legislation of the Russian Federation on taxes and fees to pay for applications for writ of execution to enforce the decisions of the arbitral tribunal.
4. Bankruptcy case in part to address the issue, provided for in subparagraph 1 of paragraph 1 of this article shall be considered by the Arbitration Court within a period not exceeding two months from the date of acceptance by Arbitration Court of an application for recognition of a credit institution bankrupt, including the term of preparation of cases for trial and a decision on the above subject.
5. When the settlement envisaged by subparagraph 1 of paragraph 1 of this article, the preliminary hearing provided for in the arbitration procedure code of the Russian Federation. Check the validity of the requirements of the applicant, a statement of recognition of the credit institution bankrupt, takes place at the same meeting, the Arbitration Court that consideration of the question of the recognition and credit institution bankrupt.
6. the decision on recognition of a credit institution bankrupt must contain an indication of: 1) opening of the bankruptcy proceedings;
2) recognition of the applicant's requirements and the inclusion of this requirement in the register of creditors ' claims;
3) approval of the bankruptcy trustee;
4) monthly remuneration, which is paid to the contest Manager during the period from the date of the opening of bankruptcy proceedings until the day of determining pay the bankruptcy trustee meeting of creditors, or the creditors ' Committee. The decision on recognition of a credit institution bankrupt did not specify the amount of the remuneration of the bankruptcy trustee, bankruptcy trustee if the powers of law carries out the Agency.
7. the decision on recognition of a credit institution bankrupt in the case stipulated by paragraph 1 of article 189-77 of this federal law, it is stated that the insolvency administrator is the Agency.
8. contestation of the justiciability of the order of the Bank of Russia of withdrawal from the credit organization license for carrying out banking operations shall not prevent the adoption by the Court of arbitration of the declarations of acceptance of the credit institution bankrupt and does not constitute grounds for suspension of the proceedings for recognition of her bankrupt.
9. the decision of the arbitral tribunal on the invalidation of the Bank of Russia of withdrawal from the credit organization license for carrying out banking operations, entered into legal force upon acceptance by Arbitration Court of an application for recognition of a credit institution bankrupt, does not preclude consideration of the case about its bankruptcy on its own merits.
10. the decision of the arbitral tribunal on the invalidation of the Bank of Russia of withdrawal from the credit organization license for carrying out banking operations, entered into legal force after the opening of bankruptcy proceedings, does not constitute grounds for cancellation of the decision on the recognition of the credit institution bankrupt and the revision of the decision on new circumstances.
11. the arbitral tribunal that issued the decision on recognition of a credit institution bankrupt, sends the decision to the Bank of Russia, as well as the authorized registration authority to introduce them into the unified State registry of legal persons of record that a credit institution is in the process of liquidation.
Article 189-68. The bankruptcy trustee approvals 1. The approval of the bankruptcy trustee in bankruptcy of the credit institution, did not have the license of the Bank of Russia to attract cash assets of private individuals into deposits, is carried out in accordance with article 45 of this federal law, taking into account the characteristics laid down in this paragraph.
2. If a credit institution had license of the Bank of Russia to attract cash assets of private individuals into deposits, the insolvency administrator is the Agency.
3. In the event of non-submission to arbitration in the manner prescribed by this federal law, for confirmation of the bankruptcy trustee who is a natural person, the Bank of Russia is in Arbitration Court nominated agency.

In the case of exemption or exclusion of the bankruptcy trustee, a physical person from serving as bankruptcy trustee bankruptcy trustee's powers are vested in the Agency.
In the cases provided for in this paragraph, the arbitral tribunal shall render judicial Act approving agency of the insolvency administrator.
4. the trustee will proceed to implement their functions on the date of the Arbitration Court decision declaring the credit institution bankrupt and on the opening of bankruptcy proceedings (bankruptcy trustee approval) and is valid until the day of entering into the unified State registry of legal persons of record about the liquidation of the credit institution.
Article 189-69. The decision of the Arbitration Court on the refusal of acceptance of the credit institution bankrupt 1. The decision of the Arbitration Court on the refusal of acceptance of the credit institution bankrupt, was adopted in the case of: 1) the lack of signs of insolvency (bankruptcy), provided for by article 189-8 hereof;
2) establishing fictitious bankruptcy if a declaration of acceptance of the credit institution bankrupt, filed the most credit by the debtor.
2. If the arbitral tribunal is established absence of signs of insolvency (bankruptcy) or a fictitious bankruptcy, a credit institution is subject to compulsory liquidation in accordance with the Federal law "on banks and banking activities".
Article 189-70. Grounds for termination of bankruptcy proceedings 1. The arbitral tribunal shall terminate the proceedings on bankruptcy in the case of: 1) confession during the trial, the applicant claims that gave rise to the institution of proceedings on bankruptcy, unfounded;
2) satisfy all creditors included in the register of creditors ' claims, in the manner prescribed by article 189-93 of this federal law;
3) completion of the bankruptcy proceedings.
2. In the cases contemplated in paragraph 1 of this article shall terminate all restrictions imposed by this federal law and are the consequences of the opening of bankruptcy proceedings. Termination of bankruptcy proceedings does not entail the termination of the effects of the revocation of a license for carrying out banking operations stipulated by the Federal law "on banks and banking activities".
3. Unless otherwise provided in this paragraph, the termination of the Arbitration Court of bankruptcy proceedings is a ground for filing statements of Bank of Russia forced liquidation of the credit institution in the manner prescribed by the Federal law "on banks and banking activities".
Article 189-71. Appeals and definitions of the arbitral tribunal 1. The arbitration court rulings made during the consideration of a bankruptcy case may be appealed to the Court of arbitration in the manner provided for in this federal law.
2. When considering a higher tribunal of complaints on the definition of the arbitral tribunal which rendered the definition of Arbitration Court directs in the higher court of arbitration only those materials a bankruptcy case that directly refer to the dispute with the creditor of a credit institution or an authorized body on establishment, size, composition and sequence satisfy the requirements.
Article 189-72. The direction of the Arbitration Court of judicial acts of bankruptcy proceedings 1. Unless otherwise stipulated by this federal law, judicial acts on the bankruptcy case shall be sent to the Court of arbitration in the credit institution, the contest Manager, Bank of Russia, authorized in accordance with this federal law authorities, a person who applies to the arbitral tribunal a statement of recognition of the credit institution bankrupt, as well as those involved in the arbitration process.
2. Determine which resolves differences between the insolvency administrator and the creditors or creditors ' complaints of violations of their rights and legitimate interests shall be transmitted to the Court of arbitration in the credit institution, the contest Manager, as well as persons who applied to the Court of arbitration with the complaint or statement on the resolution of disputes or participated in the consideration by the Court of arbitration of these complaints or petitions.
3. Unless otherwise stipulated by this federal law, copies of judicial acts shall be sent to the Court of Arbitration referred to in this article, the parties within five days from the day of their acceptance.
4. People involved in the bankruptcy case, as well as those involved in the arbitration process in bankruptcy has the right to demand from the bankruptcy trustee to familiarize them with any legal acts of bankruptcy proceedings or provide them with copies of such acts by such persons.
Article 189-73. General provisions on competitive production of 1. The adoption of the Arbitration Court decision declaring the credit institution bankrupt shall entail the opening of bankruptcy proceedings.
2. The receivership is introduced for a period of one year. The term may be extended bankruptcy proceedings on the request of the person involved in the bankruptcy case, not more than six months.
3. determination of the arbitral tribunal to extend the length of the bankruptcy proceedings shall be immediately enforceable and may be appealed in the manner prescribed by paragraph 3 of article 61 of this federal law.
Article 189-74. Publication of information on the recognition of the credit institution bankrupt and on the implementation of the preliminary creditors first stage 1. Bankruptcy trustee within five working days from the date of submission of the documents to the Bank of Russia, confirming his right to perform operations on the correspondent account of the credit organization, recognized by the bankrupt (or in the case of the exercise of authority of the bankruptcy trustee Agency-with the opening of the main account of the credit institution in the course of bankruptcy proceedings), includes Federal Register information about bankruptcy and guides for publication in the official journal defined by the Government of the Russian Federation, "the Bulletin of the Bank of Russia" ad on the decision of the Court of arbitration on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings.
2. the following information shall be Published on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings: 1) the name and other details of the credit organization, recognized by the bankrupt;
2) name of the Arbitration Court, in charge of the bankruptcy case, and the case number;
3) day of acceptance by arbitration court decisions declaring the credit institution bankrupt and on the opening of bankruptcy proceedings;
4) closing date register of creditors ' claims, defined in accordance with paragraph 2 of article 189-85 of this federal law;
5) day expiration of establishment of the claims of creditors of the first stage for the purposes of preliminary payments determined in accordance with paragraph 3 of article 189-94 of this federal law;
6) address of a credit organization to present their demands to the creditors of the credit institution;
7) information about competitive control, include the name and address of the bankruptcy trustee to send him mail.
3. reimbursement of expenses related to the inclusion, in the Federal Register of information about bankruptcy and publication of the information referred to in this article for recognition of credit institution bankrupt and on the opening of bankruptcy proceedings, is made from the assets of the credit institution.
4. in case of absence of credit institution assets, adequate reimbursement for the inclusion of information about bankruptcy in Federal Register of information about bankruptcy and their publication, the inclusion in the register and publication of this information are carried out at the expense of the applicant, a statement instituting against bankruptcy of a credit institution. When contacting the Bank of Russia to the arbitral tribunal a statement of recognition of the credit institution bankrupt in the absence of credit institution assets, adequate reimbursement for the publication of the information under paragraph 2 of this article, their publication is done in the "Bulletin of the Bank of Russia" and are included in Federal Register of information about bankruptcy without charging a fee.
Article 189-75. Disclosure of information on the progress of bankruptcy proceedings 1. In order to ensure equal access to information on the status of creditors bankruptcy proceedings, the liquidator in the manner prescribed by this article includes relevant information in a Federal Register of information about bankruptcy.
2. Not later than thirty days from the date of acceptance of the credit institution bankrupt bankruptcy trustee includes Federal Register information about bankruptcy: 1) information about the financial state of the credit institution and its property on the day of the opening of bankruptcy proceedings;
2) balance of the credit institution on the last reporting date with account of profits and losses;
3) information about the availability of funds that can be directed on satisfaction of creditors ' claims on monetary obligations, including advance payments to creditors of the first stage.

3. Trustee includes Federal Register information about bankruptcy information on estimated current expenditure credit organization provided for by article 189-84 of this federal law, not later than three days from the date of its adoption.
4. Not later than five working days before the beginning of settlements with creditors, including calculations for each queue in the order in which preliminary payments with creditors of the first stage, the trustee includes Federal Register information about bankruptcy information about the order and timing of payments to creditors.
5. Simultaneously with the message of early settlements with creditors of the first stage of the bankruptcy trustee includes Federal Register information about bankruptcy or a progress report on the results of the inventory of assets of the credit institution with indication of facilities costing more than one million dollars, as well as information on the structure and size of their claims against the claims of creditors.
6. After the start of the first stage of the settlements with creditors trustee not less than once in three months, includes Federal Register information about the bankruptcy of the current information on the status of the bankruptcy proceedings. This information should include: 1) on newly identified assets of the credit institution;
2) on the work of the bankruptcy trustee to identify transactions of the credit organization, meet the grounds of invalidity of transactions in accordance with this federal law, and to attract founders (participants), the members of the Board of Directors (Supervisory Board), the managers of the credit institution to vicarious liability for the obligations of the credit institution in accordance with this federal law;
3) on the disposition of assets of the credit institution with the allocation information about the sale of the book worth over one million dollars, indicating the sale price of the property and its buyers.
7. At least once every six months, the trustee includes Federal Register information about bankruptcy information: 1) on the financial performance of the running costs of the credit institution under article 189-84 hereof;
2) about the value of unrealized assets of the credit institution.
8. the information referred to in paragraphs 2-7 of this article, in conjunction with their inclusion in the Federal Register of information about bankruptcy or within the prescribed time-frame for their inclusion are sent to the insolvency administrator in the Bank of Russia.
Article 189-76. The effects of the opening of bankruptcy proceedings 1. From the date of acceptance by arbitration court decisions declaring the credit institution bankrupt and on the opening of bankruptcy proceedings: 1) continue to operate from the consequences of the withdrawal of a credit organization license for carrying out banking operations under article 20 of the Federal Act "on banks and banking activities", including in the event after the opening of bankruptcy proceedings in the Arbitration Court decision on the invalidation of the Bank of Russia on the revocation of the credit institution such a license;
2) information about the financial state of the credit institution does not apply to information that is confidential or recognized components of the trade secret;
3) transactions, the performance of judicial acts, acts of other bodies and officials that are made in accordance with civil law, criminal law, procedural law, legislation of the Russian Federation on taxes and fees associated with the alienation of assets of the credit institution, or entail the transfer of its assets to a third party in possession and use are permitted solely in the manner prescribed by articles 73-189-189-101 of this federal law;
4) all creditor claims on money obligations on payment of compulsory payments, other proprietary credit organization requirements, with the exception of the requirements for the recognition of ownership, about compensation of moral harm, the discovery of property from unlawful possession, as well as requirements on current obligations under article 189-84 of this federal law, may be brought only in a bankruptcy case in an order stipulated by articles 73-189-189-101 of this federal law;
5) stops execution of Executive documents for foreclosure of the assets of the credit institution, except in the performance of Executive documents about debt recovery under the current liabilities of the credit institution. The documents, which terminated pursuant to this paragraph shall be subject to the transfer of judicial police, as well as implementing bodies and organizations performing judicial acts, acts of other bodies and officials, the contest Manager in the manner laid down by federal law;
6) removed previously imposed arrests on the property of the credit institution and other restrictions on disposal of assets of the credit institution. The reason for withdrawing the arrest on the property of a credit institution is the decision of the Court of arbitration on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings. Imposition of new arrests on the property of a credit institution and other limit orders of its assets is not allowed;
7) fulfilment of the obligations of the credit institution, including enforcement of judicial acts, acts of other bodies and officials that are made in accordance with civil law, criminal law, procedural law, legislation of the Russian Federation on taxes and fees, is carried out in the cases and pursuant to procedure established in Articles 189-189-73-101 of this federal law;
8) judicial acts, acts of other bodies and officials of the foreclosure of the cash on bank accounts, deposits of clients of the credit organization, seizure and (or) other limit orders executed funds specified in the order, established by article 189-96 of this federal law.
2. From the date of acceptance by arbitration court decisions declaring the credit institution bankrupt and on the opening of bankruptcy proceedings is terminated the powers of the head of the credit organization, its governing bodies, with the exception of the powers of the management for a decision on the conclusion of agreements on the conditions for the granting of funds by third parties for the performance of obligations of the credit institution.
Article 189-77. Bankruptcy trustee 1. The insolvency administrator in bankruptcy of credit organizations, which had license of the Bank of Russia to attract cash assets of private individuals into deposits, by operation of law, is the Agency.
2. Competitive managers in bankruptcy of credit organizations, without the license of the Bank of Russia to attract cash assets of private individuals into deposits, shall be approved by the court-appointed Trustees, the relevant requirements established by this federal law and accredited by the Bank of Russia as insolvency administrators in bankruptcy of credit organizations (hereinafter also-trustee, accredited at the Bank of Russia).
3. In the cases provided by paragraph 3 of article 189-68 of this federal law, as well as paragraph 2 of article 189-105 of this federal law, the functions of the bankruptcy trustee in bankruptcy of credit organizations, without the license of the Bank of Russia on raising funds in deposits, is implementing agency.
For the exercise of the powers of the bankruptcy trustee Agency remuneration is not paid.
4. Prerequisites for accreditation with the Bank of Russia appointed Trustees as insolvency administrators in bankruptcy of credit organizations are: 1) by the insolvency administrator requirements established by this federal law;
2) absence during the three years prior to accreditation, violations of the legislation of the Russian Federation on Insolvency (bankruptcy), resulting in substantial violation of the rights of creditors, unjustified expenditure of the estate of the credit organization, disproportionate demands of creditors, as well as the absence of exclusion from the bankruptcy trustee duties associated with the nonperformance or improper performance of such duties;
3) training on approved by the Bank of Russia program.
5. accreditation of arbitration Manager as the bankruptcy trustee in bankruptcy of credit organizations is carried out by the Bank of Russia based on the application of the liquidator, within thirty days from the date of its receipt. To the statement attached documents confirming the applicant's compliance with the accreditation requirements set by this paragraph.
6. Application for accreditation of an arbitration Manager as the bankruptcy trustee in bankruptcy of credit institutions can be directed to the Bank of Russia self-regulatory organization governing arbitration.

Procedure for consideration of applications for accreditation of court-appointed Trustees as insolvency administrators in bankruptcy of credit organizations, accreditation, cancellation, non-renewal of accreditation accreditation is defined by the normative acts of the Bank of Russia.
7. The Bank of Russia in agreement with the Government of the Russian Federation the authorized federal body of executive power can be installed for additional requirements for accreditation of court-appointed Trustees as insolvency administrators in bankruptcy of credit organizations.
8. the period of validity of the accreditation of the liquidator as the bankruptcy trustee in bankruptcy of credit organizations is one year. Extension of accreditation is carried out by the Bank of Russia on the basis of assigned Bank of Russia for the thirty days prior to expiry of the accreditation statements governing arbitration. Bank of Russia issues arbitration Manager accredited as the bankruptcy trustee in bankruptcy of credit organizations, accreditation certificate.
9. Damages caused by the insolvency administrator, accredited to the Bank of Russia, as a result of non-performance or improper performance of their duties, persons participating in the case of bankruptcy, the bankruptcy trustee shall be accredited at the Bank of Russia, and its liability insurance in case of causing such damages.
10. Bankruptcy trustee, accredited at the Bank of Russia, within ten days from the date of its approval by the insolvency administrator in bankruptcy of the credit institution shall insure its liability in case of damages to persons involved in the bankruptcy case, at a rate depending on the appraised value of the assets of the credit institution on the last reporting date, calculated the Interim Administration on the management of the credit institution on the basis of methodologies established by the normative acts of the Bank of Russia, namely: 1) three per cent of the value of assets exceeding 100 million roubles, when the value of the assets of 100 million rubles to 300 million rubles;
2) six million roubles plus two per cent of the value of assets exceeding three hundred million roubles, when the value of the assets of 300 million roubles to one billion roubles;
3) twenty million roubles plus one per cent of the value of assets exceeding one billion rubles, while the value of assets over one billion rubles.
11. the appropriate Message ensuring the accountability of the bankruptcy trustee, accredited at the Bank of Russia, routed them within the period specified in the Arbitration Court and the Bank of Russia.
12. In case of adoption Agency insolvency administrator in the manner provided for in this paragraph, the Agency is not subject to the requirements of the insurance liability in case of loss to persons involved in the bankruptcy case.
13. the Agency shall exercise the powers of the bankruptcy trustee through designated from among its employees representative, acting on the basis of power of attorney.
14. the Agency is obliged to send to the arbitral tribunal and the Bank of Russia a message about the appointment of a representative in a bankruptcy case within five days from the date of the arbitral tribunal on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings or judicial Act approving the insolvency administrator of the Agency in cases stipulated by article 189, paragraph 3-68 and paragraph 2 of article 189-105 of this federal law.
15. In case of occurrence of circumstances entailing the impossibility of carrying out representative Agency of his powers, including his removal from duty of the representative of the bankruptcy trustee in the manner prescribed by article 189, paragraph 4-81 of this federal law, the Agency shall, within five days from the date of the occurrence of these circumstances to send to the arbitral tribunal and the Bank of Russia message on the appointment of a new representative of the bankruptcy trustee.
16. the Bank of Russia has the right to cancel or refuse accreditation extension of accreditation of the bankruptcy trustee, accredited at the Bank of Russia, if one of the following reasons: 1) dismissal of the bankruptcy trustee the Court of arbitration of the bankruptcy trustee duties;
2) violation of the terms of accreditation;
3) violation of the insolvency administrator of the legislation of the Russian Federation on Insolvency (bankruptcy), resulting in substantial violation of the rights of creditors, unjustified expenditure of the estate disproportionate satisfaction of creditors ' claims.
17. In the event of the cancellation of the Bank of Russia of the bankruptcy trustee accreditation accredited at the Bank of Russia, he was suspended by the Court of arbitration from his duties on the basis of statements by the Bank of Russia.
18. the decision of the Bank of Russia on the refusal of accreditation, the accreditation revocation or refusal of extension of accreditation may be appealed to the Arbitration Court.
Article 189-78. The bankruptcy trustee powers 1. Trustee shall exercise the powers of the head of the credit institution and other management bodies of a credit institution within, in the manner and under the conditions established hereby section.
2. the trustee is required to act reasonably and in good faith, taking into account the legitimate rights and interests of the creditors of the credit institution, society and the State.
3. Trustee must: 1) to the maintenance of the property of a credit institution, to conduct its inventory;
2) notify employees of the credit institution of the impending dismissal not later than one month from the date of introduction of the bankruptcy proceedings;
3) take steps to ensure the safety of property of the credit organization;
4) present to third parties in arrears owed to the credit institution, the requirements on its recovery, in the manner prescribed by this paragraph;
5) install the claims of creditors in the manner provided for in Articles 189-189-86 and 85 of this federal law;
6) keep a register of creditors;
7) take measures to search for, identify and return the assets of the credit institution, in the possession of third parties;
8) transmit the documents arising from the activities of the credit institution, deposited in the manner prescribed by federal laws and other regulatory legal acts, in accordance with the list of documents generated in the course of activities of credit institutions, which is approved by the Government of the Russian Federation the authorized federal body of executive power and the Bank of Russia, with an indication of the storage of these documents;
9) identify signs of wilful and fictitious bankruptcy and the circumstances, responsibility for which is covered by article 189-23 hereof;
10) carry out in the manner prescribed by article 189-33 hereof, return of securities and other assets of clients taken and (or) acquired by the credit institution carrying out professional activities on the securities market, due to customers on contracts contracts storage asset management, depository contracts, contracts on brokerage services;
11) perform other duties set by federal law.
4. the trustee shall have the right to: 1) dispose of assets of the credit institution in the manner and under the conditions established by this federal law;
2) credit organization dismiss workers, including the head of the credit organization, to change the terms of employment contracts, transfer employees to other work in the manner and under the conditions established by federal law;
3) apply in the manner prescribed by article 136, paragraph 4 hereof, the Court to reduce the size of the head of the credit organization requirements, the Chief Accountant of the credit organization, his deputies, the head of the branch or representative office of the credit institution, Deputy Chief Accountant of a branch or representative office of the credit institution, his deputies and other employees of the credit institution on remuneration if within six months before the date of appointment of the interim administration of the remuneration of such persons was increased compared to the wage established prior to the said period;
4) stating the refusal to perform contracts and other transactions on the grounds stipulated in article 189-90 of this federal law, and in accordance with the provisions of article 102 of this federal law;
5) send declarations of acceptance of the application of the consequences of the invalidity, invalid or insignificant transactions made by credit institution, including the procedure and on the grounds prescribed by this federal law, the discovery of assets of the credit institution from third persons about termination of treaties concluded by the credit organization, and perform other actions to protect the rights and legitimate interests of the credit institution and its creditors stipulated by the Federal law, other normative legal acts of the Russian Federation;

6) draw to meet the challenges arising from the implementation of the bankruptcy proceedings, accountants, auditors, appraisers and other specialists with payment of their services from the assets of the credit institution;
7) exercise other established federal law relating to the performance of his duties.
5. If there are grounds, established by the Federal law, bankruptcy trustee claim to third parties in accordance with the Federal law bear subsidiary liability for the obligations of the credit institution.
6. the trustee has the right to advance the costs associated with the performance of his duties, from own funds followed by reimbursement of these costs from the assets of the credit institution in accordance with the procedure established for the execution of the current obligations of the credit institution during the bankruptcy proceedings.
Article 189-79. Supervising the bankruptcy trustee 1. Bankruptcy trustee shall be obliged to provide on demand Court of arbitration in the Arbitration Court all information related to the bankruptcy proceedings, including a report on its activities.
2. Liquidator represents the meeting of creditors or if they formed the Committee of creditors, the creditors ' Committee report on its activities, information on the financial situation of the credit institution and its property on the day of the opening of bankruptcy proceedings and during the bankruptcy proceedings, as well as other information at least once a month, provided that the meeting of creditors, or the creditors ' Committee did not set a longer period or time limit for the submission of the report.
Report of the bankruptcy trustee after its submission and consideration of a meeting of creditors, or the creditors ' Committee shall be forwarded to the Bank of Russia.
3. In the report of the bankruptcy trustee meeting of creditors or the creditors ' Committee shall contain the information: 1) on the estate formed, including progress and (or) on the results of the inventory of the credit organization, the progress and (or) the results of the evaluation of the assets of the credit institution, if the property involved to assess its appraiser;
2) about the amount of funds transferred to the main account of the credit organization, about the data sources of income;
3) on the disposition of assets of the credit institution with information about the order of sale, book value, its customers, as well as amounts received from the sale of property;
4) on the number and total amount of claims for debt recovery filed against the insolvency administrator to third parties;
5) on measures taken to ensure the preservation of the assets of the credit institution, as well as identification and discovery of assets of the credit institution, owned by third parties;
6) on the measures taken to recognize the credit institution deals null and void, as well as the statement of rejection of treaties of the credit organization;
7) on the registry of claims of creditors, indicating the total size of the creditors ' claims included in this roster, and the size of the claims of creditors each queue;
8) on the number of employees of the credit institution, continuing its activities in the course of the bankruptcy proceedings, as well as the number of employees of the credit institution, dismissed in the course of the bankruptcy proceedings;
9) the insolvency administrator work on closing the accounts of a credit institution and its outcomes;
10) the amount of the costs of the bankruptcy proceedings, indicating their destination;
11) vicarious liability of third parties that in accordance with the Federal law bear such liability for the obligations of the credit institution in connection with bringing her to bankruptcy;
12) other information concerning the course of the bankruptcy proceedings, the composition of which is determined by the insolvency administrator, as well as the requirements of meeting of creditors, or the creditors ' Committee, or the arbitral tribunal.
4. the trustee shall submit to the Bank of Russia monthly accounting and statistical reporting to the credit organization, as well as other information about the course of the bankruptcy proceedings, upon request of the Bank of Russia in compliance with the list and in accordance with the procedure established by the Bank of Russia.
5. Report on the preliminary creditors first queue undertaken in accordance with article 189-94 of this federal law, it seems the insolvency administrator in bankruptcy court and the Bank of Russia.
6. the Bank of Russia has the right to conduct audits of the bankruptcy trustee in the cases and pursuant to procedure established by the normative acts of the Bank of Russia.
7. the Bank of Russia has the right to send to the contest Manager of the injunction about elimination of infringements of regulatory legal acts, regulating relations associated with the insolvency (bankruptcy) of credit institutions that are identified according to data provided by the insolvency administrator reporting or in the course of his verification activities.
8. Failure to comply with the requirements of the Bank of Russia on Elimination of revealed violations constitutes grounds for revocation of accreditation of the bankruptcy trustee, accredited at the Bank of Russia. The Bank of Russia's decision may be appealed to the Arbitration Court within ten days from the date of its adoption.
9. In case the Bank of Russia of violations in the exercise of the powers of the bankruptcy trustee Agency most obliged within ten days from the date of receipt of the relevant regulations of the Bank of Russia to take measures to eliminate them and to notify the Bank of Russia.
10. Failure to comply with Agency requirements of the Bank of Russia on eliminating violations is the basis for the treatment of the Bank of Russia in the arbitration court hearing the bankruptcy case, complaining about the actions of the Agency.
11. Following the consideration of the complaints referred to in paragraph 10 of this article, the arbitral tribunal shall take one of the following decisions: 1) on the complaint about the recognition of the bankruptcy trustee's action illegal and the bankruptcy trustee for compulsion to address violations;
2) dismissal of the representative of the Agency;
3) to dismiss the complaint.
12. In the case of a complaint by the Bank of Russia of the creditors Committee in the bankruptcy trustee actions or petitions for cancellation of its accreditation of the Bank of Russia is obliged to consider the complaint within 30 days, or the petition and decide: 1) to send to the contest Manager orders to eliminate violations of the normative legal acts, regulating relations associated with the insolvency (bankruptcy) of credit institutions;
2) to perform the verification activities of the bankruptcy trustee;
3) on cancellation of accreditation;
4) recognizing complaints unfounded.
Article 189-80. The release of the bankruptcy trustee, accredited at the Bank of Russia, from the bankruptcy trustee duties 1. Trustee, accredited at the Bank of Russia, in the case of statements of exemption from duties of the bankruptcy trustee and in other cases stipulated by the Federal law can be relieved from duty by the arbitral tribunal of the bankruptcy trustee.
2. In the case of the liberation of the bankruptcy trustee, accredited at the Bank of Russia, from serving as bankruptcy trustee bankruptcy court at the same time maintains the insolvency administrator, the Agency in the manner prescribed by paragraph 3 of article 189-68 of this federal law.
3. Definition of Arbitration Court for release of the bankruptcy trustee, accredited at the Bank of Russia, from serving as bankruptcy trustee shall be immediately enforceable and can be appealed.
Article 189-81. Dismissal of the bankruptcy trustee, accredited at the Bank of Russia, or representative Agency of bankruptcy trustee duties 1. Trustee, accredited at the Bank of Russia, may be suspended from duty by the arbitral tribunal of the bankruptcy trustee: 1) at the request of the meeting of creditors, or the creditors ' Committee in case of nonperformance or improper performance of the duties of the bankruptcy trustee;
2) to meet the Court of arbitration complaints from persons involved in the bankruptcy case, for nonperformance or improper performance of the insolvency administrator of their duties, provided that such failure to perform or improper performance violated or the legitimate interests of the complainant or incurring losses to the credit institution or its creditors;
3) at the request of the person involved in the bankruptcy case, in the event of circumstances that prevented approval by the bankruptcy trustee, accredited at the Bank of Russia, the insolvency administrator, and also in the case if such circumstances have arisen since the adoption of the bankruptcy trustee, accredited at the Bank of Russia, the insolvency administrator;
4) in the event of the cancellation of the Bank of Russia of the bankruptcy trustee accreditation accredited at the Bank of Russia.
2. Simultaneously with the removal of the bankruptcy trustee, accredited at the Bank of Russia, from the performance of his duties as bankruptcy trustee, the arbitral tribunal alleges the Agency as the bankruptcy trustee in the manner prescribed by paragraph 3 of article 189-68 of this federal law.

3. Definition of Arbitration Court about dismissal of the bankruptcy trustee, accredited at the Bank of Russia, from serving as bankruptcy trustee shall be immediately enforceable and can be appealed.
4. the representative of the Agency in the performance of his duties as representative of the bankruptcy trustee may be removed by the arbitral tribunal from fulfilling these duties to meet the Court of arbitration complaints against individuals involved in the bankruptcy case, for nonperformance or improper performance of the duties of the representative of the agency representative bankruptcy trustee provided that such non-fulfillment or improper fulfillment of these duties violated rights or legitimate interests complainant or incurring losses to the credit institution or its creditors.
5. Definition of Arbitration Court about dismissal of the representative Agency of bankruptcy trustee representative duties shall be immediately enforceable and can be appealed.
Article 189-82. Rights of creditors in bankruptcy of a credit institution 1. The creditors of the credit institution are entitled to the rights stipulated by this federal law, taking into account the characteristics laid down in this paragraph.
2. When carrying out the legitimate interests of bankruptcy bankruptcy creditors and authorized bodies represent the meeting of creditors and (or) the creditors Committee, which shall operate in accordance with this federal law taking into account the characteristics laid down in this paragraph.
3. when the Assembly votes are counted creditors bankruptcy creditors and authorized bodies, which are included in the register of creditors ' claims on the date of the meeting.
4. the trustee, except in the case of insolvent credit institution in respect of which the procedure was carried out forced liquidation, is entitled to convene the first meeting of creditors after the establishment in accordance with subparagraph 1 of paragraph 3, paragraphs 4, 6 and 10-12 articles 189-85 of this federal law claims brought in accordance with paragraph 2 of article 189-86 of this federal law, but not later than within ninety days from the date of publication of information on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings.
5. A meeting of creditors and (or) the creditors ' Committee is entitled to apply to the Bank of Russia against the actions (inaction) of the bankruptcy trustee and the annulment of the bankruptcy trustee of accreditation, accredited at the Bank of Russia.
6. the lender shall have the right to request motivated by channelling demand submission of the insolvency administrator copies of documents on transactions covered by article 189-40 hereof and worth more than one million dollars. The cost of preparing copies of these documents shall be covered by the lender.
Article 189-83. The amount of the commitments and obligations to pay obligatory payments 1. For purposes of this federal law, the amount of the commitments and obligations to pay obligatory payments to the credit organization, except for current obligations under article 189-84 of this federal law, shall be determined on the day of revocation from the credit organization license for carrying out banking operations, unless otherwise stipulated by this federal law.
2. The amount of the commitments and obligations to pay obligatory payments denominated in foreign currency is defined in rubles at the exchange rate established by the Bank of Russia on the date of revocation of the credit institution of a license for carrying out banking operations, except for current liabilities of the credit institution.
Article 189-84. Current liabilities of the credit institution in the course of bankruptcy proceedings 1. Under the current obligations of the credit institution shall be construed: 1) the obligation to pay the debts incurred before the date of revocation of the credit institution of a license for carrying out banking operations for work performed (services) that are associated with the continuation of the functioning of the credit institution, within the cost estimates approved by the Bank of Russia in compliance with the Federal law "on banks and banking activities";
2) liabilities, the grounds of which occurred during the period from the date of revocation of the credit institution of a license for carrying out banking operations up to the date of completion of the bankruptcy proceedings, including: the obligation to pay costs associated with the continued operation of the credit institution, including the remuneration of persons who work under an employment contract, termination benefits, compensation and other payments to these persons in case of their dismissal, taking into account the peculiarities of established by this federal law;
the obligation to pay remuneration to the contest Manager, accredited at the Bank of Russia;
costs of the credit institution, the costs of inclusion of information in the Federal Register of information about bankruptcy and publication of the messages provided for in this federal law, as well as other appropriate under this federal law costs related to the bankruptcy proceedings;
3) the obligation to pay the mandatory payments arising from the date of revocation of the credit organization license for carrying out banking operations until the opening of bankruptcy proceedings, as well as the obligation to pay the mandatory payments arising in the course of the bankruptcy proceedings while paying employees of the credit institution;
4) responsibilities for withholding money from the wages of employees of the credit institution, paid in connection with the performance of the duties referred to in subparagraph 1 of this paragraph, from the date of revocation of the credit institution of a license for carrying out banking operations and up to the date of completion of the bankruptcy proceedings, as well as the responsibilities transfer amounts of such deductions in accordance with the legislation of the Russian Federation (alimony, tax on income of individuals , Union dues and other fees imposed on the employer in accordance with the Federal law).
2. the requirements of employees of the credit institution concerning the payment of severance pay, compensation and other payments, the amount of which is determined by the relevant employment contract, in the event of termination the portion exceeding the minimum size of the payments established by labour legislation, does not belong to the current obligations and shall be satisfied after satisfaction of the claims of creditors of the third stage, under paragraph 4 of article 134 of this federal law.
3. For the purposes of this federal law, the obligation to pay obligatory payments arises from the date of expiration of the time (period), established for the purpose of calculating the amount of mandatory payment, payable in accordance with the legislation of the Russian Federation on taxes and fees.
4. the costs of the execution of the current obligations of the credit institution are included in an estimate of the recurrent costs of the credit institution and the insolvency administrator are carried out on the basis of such estimates.
5. Unless otherwise stated in this article, the credit institution's operational budget is approved (change) the insolvency administrator.
6. the credit institution's operational budget in part costs, produced after the first meeting of creditors, subject to the approval of the (changing) meeting of creditors or if they formed the Committee of creditors, the creditors ' Committee on the submission of the bankruptcy trustee.
Credit institution's operational budget should be submitted for approval to the first meeting of creditors or if they formed the Committee of creditors, the creditors ' Committee not later than within three days of its formation. In the case of non-approval (approval or refusal) Assembly of creditors, or the creditors ' Committee the operational budget of the credit organization meeting of creditors, or the creditors Committee may apply to the Arbitration Court to resolve disputes between the insolvency administrator and the creditors, or the creditors ' Committee. According to the results of consideration of the disagreement, the arbitral tribunal alleges, an estimate of the recurrent costs of the credit organization, produced after a judicial act.
7. the credit institution's operational budget, approved by the meeting of creditors, or the creditors ' Committee, or by the Court of arbitration in the manner prescribed by paragraph 6 of this article may be amended by the Assembly of creditors, or the creditors ' Committee on the submission of the bankruptcy trustee, and in the event of a disagreement between them on the question of amending the specified estimates-the Court of arbitration in the manner prescribed by paragraph 6 of this article.
8. Prior to the adoption of the (changing) operational budget meeting of creditors, or the creditors ' Committee, or by the Court of arbitration in the manner prescribed by paragraphs 6 and 7 of this article, valid estimates of current expenditure credit institution approved (amended) the insolvency administrator.

9. Requirements for the current obligations of the credit institution are not eligible for inclusion in the register of creditors ' claims. Current liabilities creditors of the credit institution in the course of bankruptcy proceedings are not recognized by persons involved in the bankruptcy case.
10. Satisfaction of creditors ' claims on current obligations of the credit institution in the course of bankruptcy proceedings is made in accordance with this paragraph.
Article 189-85. Setting the amount of the claims of creditors 1. Creditors have the right to submit their requirements to the credit institution at any time during the course of the bankruptcy proceedings, as well as in the manner prescribed by article 189-32 hereof, the period of activity of the credit institution to the Transitional Administration in the management of the credit institution.
If a creditor claims must specify along with the substance of the requirements, information about yourself, including full name, date of birth, details of the document certifying his identity and postal address for correspondence (for individuals), name, location (for legal persons), as well as bank details (if available).
These are the requirements to the contest Manager along with the application of court decisions which have entered into force, the Court of arbitration, definitions for the extradition of writ of execution to enforce the decisions of the arbitral tribunal or other judicial acts, as well as original documents or their duly certified copies thereof to substantiate these claims.
2. For the purposes of bankruptcy proceedings, the bankruptcy trustee sets the deadline for presentation of claims by creditors, after which the register of creditors ' claims is considered private.
The deadline for submission of claims of creditors may not be less than sixty days from the date of publication of the communication on recognition of credit institution bankrupt and on the opening of bankruptcy proceedings.
To assign to the contest Manager requirements among those who filed within the prescribed time limit shall be considered notice of receipt or other documents confirming the dates of the receipt of the insolvency administrator specified requirements.
3. Claims of creditors shall be deemed established if they: 1) confirmed by a final decision of a court, arbitral tribunal definition of extradition writ of execution to enforce the decision of the Arbitration Court or any other judicial act in the absence of information about subsequent partial or full satisfaction of or termination of such requirements;
2) identified by the Court of arbitration in the manner prescribed by paragraph 7 of this article;
3) determined insolvency administrator in the manner prescribed by paragraphs 4 and 6 of this article, as well as paragraph 3 of article 189-87 of this federal law;
4) defined in the manner prescribed by paragraph 10 of this article.
4. the trustee shall consider presented during bankruptcy proceedings, the creditor's claim and the results of its consideration not later than within thirty working days from the date of receipt of such requirements is making it in the register of creditors ' claims in case of validity claim. In the same period, bankruptcy trustee notifies the relevant creditor for the inclusion of the claim in the register of creditors ' claims, or refusal of such inclusion in the register, or for inclusion in the roster requirements in full. In the case of the claim of the creditor in the register of creditors ' claims in the relevant notification to the creditor, you specify information about the size and composition of its requirements to the credit of the Organization, as well as on the order of his satisfaction.
5. Objections to the results of consideration of the insolvency administrator of the claim of the creditor can be claimed in bankruptcy court by the creditor no later than within fifteen calendar days from the date of receipt of the creditor of notification of the bankruptcy trustee on the outcome of the claim. These objections shall be accompanied by a notification of receipt to the contest Manager copies of such objection or other documents confirming the direction of competitive Manager a copy of the objection and the attached documents to objections.
6. Creditor claims, objections which are not claimed within the period under paragraph 5 of this article shall be deemed to be established in the size, composition and order of satisfaction, which identified the insolvency administrator.
7. Claims of creditors, which declared the objection shall be considered by the Arbitration Court in accordance with article 60 of this federal law.
Based on the results of such consideration, the ruling of the Arbitration Court for the inclusion or refusal to include these requirements in the register of creditors ' claims. In the definition of a Court of arbitration to include such requirements in the register of creditors ' claims shall specify the size and sequence satisfying these requirements.
A copy of the determination of the inclusion of or refusal to include these requirements in the register of creditors ' claims shall be communicated to the person expressing an objection, and the contest manager not later than the day following the day of the determination of the arbitral tribunal.
Definition of Arbitration Court for the inclusion or refusal to include creditors ' claims in the register of creditors ' claims shall be immediately enforceable and can be appealed.
8. the claim of the creditor assigned the appropriate definition of the Arbitration Court, the insolvency administrator is included in the register of creditors ' claims no later than the day following the day of receipt of a copy of the specified definition of the insolvency administrator, as a creditor of the insolvency administrator is notified within three days of making the appropriate entry in the register of creditors ' claims.
9. the differences in the requirements of lenders or the authorized bodies, confirmed the decision in force or other Act of a court, arbitral tribunal in terms of their composition and size, are not subject to review by the Court of arbitration and the statement of such dispute must be returned, with the exception of disputes related to the performance of judicial acts or their revision.
10. the claim submitted by the creditor of the credit institution in the period of activity in her Transitional Administration on the management of the credit institution and made in the register of creditors ' claims in the manner prescribed by article 189-32 of this Federal Act shall be set to the size, composition and order of satisfaction, which identified the Interim Administration on the management of the credit institution, if within sixty working days from the date of publication of the communication on recognition of credit institution bankrupt and on the opening of bankruptcy proceedings, the bankruptcy trustee, subject to the provisions of subparagraph 1 of paragraph 3 of this article fails to send creditor notification of full or partial deletion of this requirement from the register of creditors ' claims.
11. Objections to the content of the notification referred to in paragraph 10 of this article, may be claimed by creditors, and considered by the Court of arbitration in the manner prescribed by this article. Claims of creditors which had not declared the objections within the period under paragraph 5 of this article shall be deemed to be established in the size, composition and order of satisfaction, which identified the insolvency administrator.
12. Claims of creditors presented to the credit of the Organization during the period of activity in her Transitional Administration on the management of the credit institution, but is not considered by the Transitional Administration on the management of the credit institution on the expiry of her term of Office in the manner prescribed by paragraphs 11-17 of article 189-32 of this federal law, shall be deemed the charges on the day of publication of information on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings and addresses (installed) prescribed by this article. When the liquidator performs the actions specified in paragraph 4 of this article, within sixty days from the date of publication of information on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings.
13. the amount of the monetary obligations arising from financial contracts that meet the requirements of paragraph 1 of article 4-1 of this federal law, shall be determined in the manner prescribed by this article.
Article 189-86. Setting the amount of the claims of creditors for the purpose of determining the participants in the meeting of creditors 1. Setting the amount of the claims of creditors for the purpose of determining the participants in the meeting of creditors is carried out 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, the creditors shall have the right to present their requirements for a credit institution within thirty calendar days from the date of publication of information on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings, as well as in the manner prescribed by article 189-32 hereof, the period of activity of the credit institution to the Transitional Administration in the management of the credit institution. After expiration of the register of creditors for the purpose of determining the participants in the first meeting of creditors is considered private.
3. the lender (lender's representative), whose requirements are included in the register of creditors ' claims on the basis of the copies of the documents referred to in paragraph 1 of article 189-85 of this federal law, shall be allowed to participate in the meeting of creditors only upon presentation of original documents to substantiate these claims.
Article 189-87. Register of creditors 1. Register of creditors ' claims leads the bankruptcy trustee. Taking into account the peculiarities imposed by paragraph 10 of article 189-85 of this federal law, the register includes information from the Interim Administration on the management of the credit institution in accordance with article 189-32 hereof register of creditors ' claims, which is passed to the contest Manager in accordance with the procedure established by article 189-43 hereof.
2. Unless otherwise provided in this article, the creditor with the insolvency administrator are included in the register of creditors ' claims on the written request of a creditor on the basis of a court decision that has entered into force, the Arbitration Court, the definition of extradition writ of execution to enforce the decision of the Arbitration Court or other judicial act, as well as on the basis of other documents to substantiate these claims.
3. Claims of creditors on bank deposit agreement and (or) agreement of bank account can be included in the insolvency administrator register of creditors ' claims in the amount of money on the account balance owed to the lender, upon written request of a creditor on the basis of the information available to the credit institution.
Creditor's claim on the bank deposit agreement and (or) account agreement, legally in accordance with the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation the right to receive insurance compensation, the insolvency administrator is included in the register of creditors ' claims in the amount of the balance of funds on the account in excess of the amount owed to the lender insurance compensation.
Claims of creditors, to which the credit institution is responsible for causing harm to their life or health, as well as creditors of severance allowances and remuneration of persons who work or have worked under an employment contract, the insolvency administrator may be included in the register of creditors ' claims without a written application by the creditor on the basis of the information available to the credit institution.
In the case of inclusion in the register of creditors ' claims, the claim of the creditor without his written statements on the basis of the information available to the credit institution, the trustee sends in a period not exceeding five working days from the date of making the appropriate entry in the register of creditors ' claims, in the manner prescribed by article 189, paragraph 4-85 of this federal law, the notice specified by the lender.
Objections to the content of the specified notification may be claimed by the creditor, as well as considered by the arbitral tribunal in accordance with article 189-85 of this federal law. Claims of creditors which had not declared the objection within the period under paragraph 5 of article 189-85 of this federal law, shall be deemed to be established in the size, composition and order of satisfaction, which identified the insolvency administrator.
4. the creditor's claim is excluded from the insolvency administrator of the register of creditors ' claims on the basis of the definition of the Court of arbitration, except as provided in paragraphs 10-12 of article 189-85 of this federal law, or if the lender provided written consent to the exclusion of its requirements from the register of creditors ' claims.
5. register of creditors ' claims shall include the particulars about each lender, the amount of its requirements to the credit of the Organization, on the order of satisfaction of each creditor, as well as the basis for claims of a creditor.
Register of creditors ' claims in the insolvency administrator may also include other information relevant to establishing the size of the claims of creditors, commensurate to its creditors, as well as for creditors other rights stipulated by this federal law.
6. Creditor whose requirements are included in the register of creditors ' claims, is obliged to inform the administrator about changing the information specified in paragraph 1 of article 189-85 of this federal law.
In the case of non-submission or late submission of specified information bankruptcy trustee and the credit institution are not liable for any damages in connection with this.
7. the liquidator is obliged on demand of the creditor (lender's representative) within five working days of receipt of such request to send such creditor (his representative) extract from the register of creditors ' claims about the size, composition and on the order meet these requirements.
The cost of sending such an extract in the amount not exceeding the cost of services of communication agencies assigned to the creditor.
8. Labour disputes between a credit institution and an employee of a credit institution are treated in the manner prescribed by the labour law and civil procedural law.
Article 189-88. The accounts of a credit institution in the course of bankruptcy proceedings 1. Bankruptcy trustee must use during the bankruptcy proceedings, has only one correspondent account credit organization recognized as bankrupt, for cash in the currency of the Russian Federation-basic account of the credit institution, opened in the Bank of Russia, as well as depending on the amount of available credit institution foreign currency types-necessary number of accounts of a credit institution for monetary funds in foreign currency, opened in other credit institutions in accordance with the procedure established by the Bank of Russia order.
2. in carrying out the Agency's powers of the bankruptcy trustee credit organization during the bankruptcy proceedings are opened at the Agency.
For the purposes of the exercise of the functions of the bankruptcy trustee Bank Russia opens the Agency to account for funds in the currency of the Russian Federation.
3. the accounts of the credit organization, open to other credit organizations (including found during bankruptcy proceedings), except for accounts opened in connection with the implementation of the credit organization of professional activity on the securities market, and deposit accounts shall be closed as they are discovered. Balances of a credit institution must be listed with these accounts to the accounts of a credit institution in the course of the bankruptcy proceedings.
4. after the adoption of the Arbitration Court decision declaring the credit institution bankrupt and on the opening of bankruptcy proceedings, the Bank of Russia within ten days of the receipt of the relevant requirements of the bankruptcy trustee shall transfer the accounts of a credit institution in the course of bankruptcy proceedings means of required reserves deposited at the bank credit organization in Russia, as well as other funds of the credit institution, placed in the Bank of Russia.
5. On account of the credit institution in the course of bankruptcy proceedings will be credited to the funds of the credit institution, coming during the bankruptcy proceedings.
6. From the main account of the credit institution in the course of bankruptcy proceedings creditors payments, current utility and maintenance payments of the credit organization, paid other expenses associated with the implementation of the bankruptcy proceedings.
7. Information on the expenditure of the funds of the credit institution with its accounts during bankruptcy proceedings, the bankruptcy trustee is in bankruptcy court, creditors ' Committee and the Bank of Russia, upon their request, but not more often than once per month.
Article 189-89. Disposition of the credit institution in the course of bankruptcy proceedings 1. After holding the inventory credit institution bankruptcy trustee will proceed to the sale of assets of the credit institution through a public auction in the manner and under the conditions defined by this federal law, unless a different procedure for disposal of assets of the credit institution is not installed in this article.
2. Trustee whose function carries out the Agency, in consultation with the Committee of banking supervision of the Bank of Russia carries out the transfer of the property (assets) and liabilities of the credit institution, or parts thereof, the purchaser (buyer) in the manner prescribed by this article.

3. In order to harmonise the transfer of property (assets) and liabilities of the credit institution, or parts thereof, the purchaser (buyer) the trustee shall send to the Bank of Russia proposal, which should contain information on the composition of the property (assets) and liabilities of the credit institution, the property valuation (assets) made in accordance with the requirements of this article, as well as the rationale for the transfer of the property (assets) and liabilities.
4. If the transfer of the property (assets) and liabilities of the credit institution are piecemeal, as specified in paragraph 3 of this article offer the bankruptcy trustee must contain information on the composition of the property (assets) and liabilities of the credit institution in respect of each of the passed parts.
5. the amount transferred to the recipient (buyer) the obligations of the credit institution shall be determined by the insolvency administrator on the basis of the information available to the credit institution. The value passed to the purchaser (buyer) the property (assets) of a credit organization shall be determined in accordance with the report, involved insolvency administrator and acting on the basis of the Treaty.
6. the Committee of banking supervision of the Bank of Russia decides on the harmonization proposals bankruptcy trustee on the implementation of the transfer of the property (assets) and liabilities of the credit institution or refuse to harmonize not later than ten working days from the date of receipt of such a proposal, a bankruptcy trustee and notifies the administrator of the decision no later than two working days from the date of adoption of the relevant decision.
7. the Committee of banking supervision of the Bank of Russia is entitled to refuse the harmonization proposals bankruptcy trustee on the implementation of the transfer of the property (assets) and liabilities of the credit institution on the grounds established by the normative acts of the Bank of Russia.
8. Within three working days of receipt of notice of the decision of the Committee of banking supervision of the Bank of Russia on the harmonization proposals bankruptcy trustee on the implementation of the transfer of the property (assets) and liabilities of the credit institution trustee includes Federal Register information about bankruptcy information about screening the acquirer (purchasers) property (assets) and liabilities of the credit institution, which must contain the procedure for providing information on the composition of the transferred property (assets) and liabilities of the credit institution about their cost and methods of evaluation.
9. Credit organizations licensed to attract cash assets of private individuals into deposits, shall be entitled to send to the contest Manager application to participate in the selection of the acquirer (purchasers) property (assets) and liabilities of the credit institution within 10 working days from the date of inclusion of the information specified in paragraph 4 of this article, in the Federal Register of information about bankruptcy.
10. Application for participation in the selection of the acquirer (purchasers) property (assets) and liabilities of the credit institution should include a proposal to defer the execution of the purchaser obligations to the Agency as a lender for the obligations transferred to the Agency as a result of payment of indemnity by the Agency to the depositors of a credit organization. The specified delay cannot exceed one year from the date of conclusion of the contract on the transfer to the buyer of the property (assets) and liabilities of the credit institution.
11. The contest manager forwards the incoming requests to participate in the selection of the acquirer (purchasers) property (assets) and liabilities of the credit institution in the banking supervision Committee of the Bank of Russia.
12. the Committee of banking supervision of the Bank of Russia has the right to refuse in the harmonization of the acquirer (purchasers) property (assets) and liabilities of the credit institution on the grounds established by the normative acts of the Bank of Russia.
13. in the case of transfer of the purchaser (buyer) of the obligations of the credit institution commitments lenders follow the queue are transmitted only after full transfer of obligations of creditors of previous phases. Such rotation shall be determined in accordance with article 189-92 of this federal law. May not be transferred to the acquiring part of the obligations of the credit organization one queue, unless otherwise stipulated by this article.
14. Transfer of assets (assets) and liabilities of the credit institution, or part of them is carried out on the basis of the principles of good faith and reasonableness of action bankruptcy trustee, the equivalence of the size of the transferred liabilities value passed to the property (assets), to protect the rights and legitimate interests of creditors, including minimizing their losses on the realization of their right to obtain satisfaction of their legitimate requirements for credit institutions, priorities and proportionality, creditors, equity lenders one queue.
15. The creditors of the credit institution shall be notified of the upcoming transfer of the insolvency administrator to the buyer of the property (assets) and liabilities of the credit institution, or part of them by sending in the official publication for the publication of the notice concerning the transfer of specified property (assets) and liabilities, as well as its inclusion in the Federal Register of information about bankruptcy. Such notice shall be published not less than one month prior to the proposed date of the transfer to the buyer of the property (assets) and liabilities of the credit institution, or part of them. Notice of the transfer to the buyer of the property (assets) and liabilities of the credit institution, or parts thereof must contain: 1) the name of the credit institution, transferring property (assets) and liabilities or any part thereof, its address and identifies the credit organization information (State registration number of the record of State registration of a legal entity, taxpayer identification number);
2) name of the credit institution-acquirer, which transferred the property (assets) and liabilities of the credit institution or part thereof, its address and identifies the credit organization information (State registration number of the record of State registration of a legal entity, taxpayer identification number);
3) criteria commitments among the obligations that are transferred to the purchaser;
4) procedure for obtaining credit lenders organizations information on the classification of obligations owed them an obligation passed to the purchaser.
16. Within one month from the date of publication of the notification of the transfer to the buyer of the property (assets) and liabilities of the credit institution, or parts thereof, the creditor of the credit institution shall have the right to transmit in writing to the credit organization statement of disagreement with the transfer of rights and obligations under the Treaty, signed it with a credit institution. From the date of receipt of the insolvency administrator specified statements the proportional share of the property to be transferred, the insolvency administrator is excluded from the assets of the credit institution to transfer to the recipient.
17. The claim of the creditor of the credit organization, submitted in writing a statement of disagreement with the transfer of rights and obligations under the Treaty, signed it with a credit organization shall be treated in accordance with the order established by article 189-92 of this federal law.
18. After the transfer of the property (assets) and liabilities of the credit institution, or parts thereof, the purchaser is obliged to fulfill the commitments obtained and (or) the obligation to pay the obligatory payments to the conditions that existed on the day of revocation of the credit institution of a license for carrying out banking operations.
19. property (assets) and liabilities of the credit institution or part of them are considered to be transferred to the purchaser from the date of signing by both parties of the corresponding deed of transfer. Since then, the purchaser is responsible for the risk of accidental loss or accidental damage of the property. Simultaneously with the signing of the corresponding deed of trustee sends the official publication for the publication of information on the transfer to the buyer of the property and liabilities of the credit institution and includes relevant information in a Federal Register of information about bankruptcy. Such information shall contain the information referred to in paragraph 15 of this article.
20. property (assets) and liabilities of the credit institution, or part of them passed to the purchaser (buyer) are excluded from the estate and registry of the claims of creditors of the credit institution.
21. When selling assets of the credit institution law requirements for loan agreements, credit and factoring can be tendered as a single lot (sale of loan portfolio credit organizations).
As a single lot can also be put up for bidding property transferred to the credit institution to lease contracts with simultaneous assignment of rights requirements on such treaties.

22. In order to expedite settlements with creditors trustee entitled to acquire the assets of the credit institution, not sold on repetitive bidding, starting price established for rebidding. The specified transaction shall be performed in writing.
23. credit institution-owned securities, admitted to circulation on organized securities market, may be sold at auction or organized on the basis of a contract of sale, contract without bidding.
24. In the course of bankruptcy proceedings cannot be substitution of assets of the credit institution, which stipulated by this federal law.
Article 189-90. Recognition of transactions made by credit institution or any other person for her account, invalid and refusal to perform credit organization treaties 1. A transaction made by a credit institution or another person for her account, can be recognized by the Arbitration Court, seised on bankruptcy of credit organizations, invalid according the bankruptcy trustee in accordance with the procedure and on the grounds prescribed by this federal law, the Civil Code of the Russian Federation and other federal laws, taking into account the characteristics laid down in this paragraph. To challenge such transactions apply the rules provided by paragraphs 1-10 of article 189-40 hereof.
2. Trustee of the credit institution in accordance with the provisions of article 102 of this federal law, shall be entitled to repudiate contracts and other transactions made by credit institution and unsatisfied parties in whole or in part, if the execution of the credit institution specified transactions would entail losses for credit institution compared with similar transactions committed under comparable circumstances. With this rejection of financial contracts that meet the requirements of paragraph 1 of article 4-1 of this federal law may be challenged only in the manner prescribed by article 102, paragraph 6 hereof.
3. In the cases contemplated in paragraph 2 of this article, a contract the credit organization shall be deemed terminated from the date of receipt of each of the parties to the Treaty statement by the bankruptcy trustee to waive enforcement of the Treaty.
Party to the Treaty, which entered into a credit organization, and in respect of which declared rejection, may require that the credit organization for damages caused by the denial of the execution of the Treaty.
Article 189-91. Competitive weight of credit institutions 1. All assets of the credit institution on the day of the opening of the bankruptcy proceedings and revealed during bankruptcy proceedings, is the estate.
2. From the property of a credit institution that is excluded property of the bankruptcy estate constituting mortgage coverage in accordance with paragraph 4 of this article, securities and other property of the customers of the credit institution, accepted and (or) acquired by the credit institution for their account on storage contracts, contracts of asset management, depository contracts and contracts on brokerage services, as well as other property isklûčaemoe of the estate in accordance with the legislation of the Russian Federation.
In the composition of the assets of the credit institution separately and is subject to mandatory evaluation of the property that is the subject of mortgage.
Is not subject to mandatory evaluation the pledge of rights under a contract of bank account.
3. If the composition of the assets of the credit institution property related to socially significant objects in accordance with this federal law, housing and social use, which are not included in the bankruptcy estate in accordance with this federal law, transfer (realization) of the specified property is carried out by the insolvency administrator in the manner and under the conditions established by this federal law.
4. Constituting the mortgage covering the property of a credit organization, operating in accordance with federal law "on mortgage backed securities" issue in mortgage-backed bonds is excluded from the estate and creditors in mortgage-backed bonds are satisfied in the manner prescribed by the specified by federal law.
Article 189-92. Priority creditors during bankruptcy proceedings 1. Performance of obligations before the creditors of the credit institution in the course of bankruptcy proceedings are carried out in accordance with the order established by this federal law, taking into account the characteristics laid down in this paragraph.
2. Out of turn at the expense of the estate shall be executed by the current liabilities of the credit institution under article 189-84 hereof. The sequence of execution of the ongoing obligations of the credit institution shall be determined in accordance with article 855 of the Civil Code of the Russian Federation.
3. first met: 1) requirements of individuals to which the credit institution is responsible for causing harm to their life or health, through capitalization of the respective periodic payments, as well as compensation for moral damage;
2) requirements of natural persons who are creditors of the credit institution on bank deposit agreements with them and (or) bank account contracts (except for persons carrying out business activity without establishment of legal entity if such accounts (deposits) are open to carry out federal law, entrepreneurship, as well as lawyers, notaries and other persons if such accounts (deposits) are open for implementation under the Federal law of professional activity and referred to in paragraph 5 of this article);
3) agency requirements on bank deposit agreements and treaties the bank account, have switched to it in accordance with the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation" and as a result of the execution for Bank compensation to the purchaser of the property's value to be returned in the order in which a postback in accordance with article 189-55 of this federal law;
4) requirements of the Bank of Russia, the Bank of Russia in compliance with this federal law as a result of the payment of the Bank of Russia on individuals ' deposits in banks, recognized bankrupt and did not participate in the system of compulsory insurance of natural persons deposits in banks of the Russian Federation.
4. Claims of creditors on obligations, collateralised property credit institution covered by the value of the collateral mainly before other creditors, except for obligations to creditors of the first and second turns.
The claim of the creditor under an obligation secured by a pledge of rights under a contract of bank account, catered by cancelling the insolvency administrator of funds from the pledge account debtor and extradite them to the creditor under an obligation secured by a pledge of rights under a contract of bank account or credited them to the account specified in such creditor, excluding funds allocated for satisfaction of the claims of creditors of the first and second turns.
5. After satisfaction of the claims of creditors of the first and second in the queue, as well as claims of a creditor under an obligation secured by a pledge of rights under a contract of bank account, mortgage account is to be closed in accordance with the requirements of paragraph 3 of article 189-88 of this federal law.
6. Requirements of natural persons who are creditors of the credit institution on bank deposit agreements with them and (or) bank account contracts, for damages in the form of profits, as well as for payment of the sums of the financial sanctions included in other creditors met in third place.
7. the requirements of employees of the credit institution concerning the payment of severance pay, compensation and other payments, the amount of which is determined by the relevant employment contract, in the event of termination the portion exceeding the minimum size of the payments established by labour legislation, are not creditors of the second stage and shall be satisfied after satisfaction of the claims of creditors of the third stage.
Article 189-93. The performance of the obligations of the credit institution its founders (or participants) or by a third party (third party) in the competitive production of 1. Founders (participants) of a credit institution or a third party (third party) at any time prior to the completion of the bankruptcy proceedings is entitled to perform all the obligations of the credit institution or credit institution to provide sufficient funds for the fulfillment of all obligations of the credit institution that emerged on the day of revocation of a license for carrying out banking operations.

2. the founders (participants) of a credit institution or a third party (third party) must notify in writing the bankruptcy trustee and the creditors of the early performance of obligations of the credit institution. After receiving the first such notification, the insolvency administrator pursuant to obligations of the credit institution to creditors from other persons will not be accepted. If the person making the notification of the beginning of the fulfillment of the obligations of the credit institution, not the beginning of the execution of these commitments within one week after the date of such notification or not executed within three months after the day of notification obligations before the creditors of the credit institution in accordance with paragraph 4 of this article, such notice shall be deemed null and void.
Persons who, on the performance of the obligations of the credit institution and not focusing on these obligations on time and to the extent established by this article shall be obliged to reimburse lenders losses associated with the suspension of bankruptcy proceedings.
3. in the performance of obligations of the credit institution founders (participants) of a credit institution or a third party (third party) or when granting them credit organization funds the creditors of the credit institution are obliged to adopt appropriate commitments and credit organization must fulfill their obligations before the creditors at the expense of the funds granted to it.
In the event of the incapacity of the credit organization on their obligation to the creditor in accordance with paragraph 1 of this article and the first subparagraph of this paragraph in connection with infringement of creditor's responsibility to provide information about yourself, necessary for the implementation of payments to a lender, as well as in the case of evasion of the creditor to accept performance obligations of the credit institution funds may be made to the deposit with a notary at the location of the credit organization (its subsidiaries).
4. the funds through which the founders (participants) of a credit institution or a third party, third persons performed obligations of the credit institution before its creditors or that were granted to a credit institution for the fulfillment of those commitments are considered to be provided by the credit institution in terms of an interest-free loan, which is defined as the time of demand, but not before the date of expiry of the bankruptcy of the credit institution.
5. In case of fulfillment of obligations of the credit institution founders (participants) of a credit institution or a third party, third party trustee within ten days shall notify all creditors whose claims are included in the register of creditors ' claims, on the performance of the obligations owed to them and place in the open in a credit institution the Russian Federation resident funds necessary for the full execution of the obligations amount determined without taking into account the funds located on account of the credit institution. Procedure for opening the specified account is determined by the normative acts of the Bank of Russia. The notification of creditors may be implemented through the publication of reports in the periodic printed publication at the location of the credit organization (its subsidiaries).
6. Not later than fourteen days from the end of execution of obligations of the credit institution founders (participants) of a credit institution or a third party (third party) bankruptcy trustee is obliged to send to the arbitral tribunal report on the discharge of the liabilities of the credit institution.
7. Following its consideration of the report of the bankruptcy trustee of discharge of the liabilities of the credit institution, the arbitral tribunal shall determine the termination of bankruptcy proceedings of a credit institution in the case of the fulfillment of all obligations to creditors, including the qualifications required.
8. In the event of termination of bankruptcy proceedings of a credit institution on the basis provided for in paragraph 7 of this article, the Bank of Russia on the application of the credit organization, the founders (participants) of a credit institution or a third party, third parties who performed the obligations of the credit institution before its creditors, within one month, may decide on the issuance of a credit organization license for carrying out banking operations. The right of the Bank of Russia on the issuance of the credit organization license for carrying out banking operations occurs if both the following conditions are met: 1) if provided for in paragraph 1 of this article, the repayment obligations of the credit institution by a decision of the founders (participants) of a credit institution or a third party, a third party carried out not later than six months from the date of revocation of a license for carrying out banking operations;
2) if the Court of arbitration confirmed repayment of all obligations of the credit institution that emerged on the day of revocation of a license for carrying out banking operations;
3) if there are no claims of creditors presented after their notification in the manner prescribed by paragraph 5 of this article;
4) If a certificate has authorized body about absence of credit institution the arrears payments;
5) if at the time of the consideration specified in the first subparagraph of this paragraph statements complied with all the requirements of the Bank of Russia in compliance with the Federal law "about banks and banking activity" the requirements for the issuance of a license for carrying out banking operations.
9. In case of failure of the Bank of Russia in a month a decision on the grant of a license for carrying out banking operations or denial of the license, a credit institution shall be liquidated in accordance with the Federal law "on banks and banking activities".
Article 189-94. Particularly creditors first stage 1. Satisfaction of creditors ' claims of the first stage is carried out in two stages: preliminary payments and final payments. At the same time in the order of preliminary payment claims of creditors of the first stage of the credit organization, which on the day of revocation of the Bank of Russia from her license for carrying out banking operations was not a party to the mandatory deposit insurance system in accordance with the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation".
2. the final payment claims of creditors of the first stage, the remaining is not satisfied in the manner of the preliminary payment.
In settlements with the creditors of the credit institution, which on the day of revocation of the Bank of Russia on her license for carrying out banking operations was a party to the mandatory deposit insurance system in accordance with the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation", the claims of creditors referred to in subparagraph 1 of paragraph 3 of article 189-92 of this federal law, as well as claims of creditors referred to in subparagraph 2 of paragraph 3 of article 189-92 of this federal law in the part exceeding the size envisaged by the Federal law "on insurance of deposits of natural persons in banks of the Russian Federation" of indemnity not more than 300 thousand rubles, catered to meet the other creditors of the first stage.
3. by way of preliminary payment claims of creditors of the first stage, which are presented in accordance with this federal law within two months from the date of first publication of the communication on recognition of credit institution bankrupt and on the opening of bankruptcy proceedings.
Advance payments to the creditors of the first stage begins not later than thirty days from the date of expiry of claims of creditors for the purposes of preliminary payment and no earlier than ten days from the date of publication of the announcement about the procedure and about the conditions of the preliminary first stage of creditors and should be made within three months from the date of their implementation.
4. the preliminary creditors first queue is sent to seventy per cent of the funds available in the accounts of a credit institution on the day of expiry of claims of creditors for the purposes of the first stage of the preliminary payment.
With insufficient funds to meet in order to preliminary payment of the claims of creditors of the first stage of full implementation of these funds shall be distributed in proportion to the amounts of claims to be.
5. preliminary report on the first stage of the creditors appear to be competitive by the arbitral tribunal and to the Bank of Russia in the manner prescribed by the Bank of Russia, not later than ten days from the date of expiration of the time limit for the implementation of the preliminary payment.

6. the amount of the claims of creditors of the first stage is subject to a reduction in the amount paid to them in the order in which preliminary payments and payments of the Bank of Russia carried out on individuals ' deposits in bankrupt banks not participating in the system of compulsory insurance of natural persons deposits in banks of the Russian Federation and reflected in the registry of the claims of creditors of the credit institution, recognized as bankrupt.
7. Claims of creditors of the first line in excess of the size carried out preliminary payments, as well as claims submitted after the expiry of the claims of creditors of the first stage for the purposes of provisional payments are final payments in compliance with the rules provided by article 189-96 of this federal law.
8. Sizing the requirements of citizens to whom the credit institution is responsible for causing harm to his life or health shall be effected by the capitalisation of the respective periodic payments set at date of revocation of the credit institution of a license for carrying out banking operations and to be paid to these citizens until the age of seventy years, but not less than ten years. The procedure and conditions for the capitalization of the respective periodic payments determined by the Government of the Russian Federation.
If a citizen's age exceeds seventy years, the period of capitalization of the respective periodic payments shall be ten years.
9. With payment payment timescaled capitalized amount of which is determined in the manner prescribed by paragraph 7 of this article shall terminate the corresponding obligation of the credit institution.
10. With the consent of the citizen of his right to the credit institution in the amount capitalized timephased payments goes to the Russian Federation.
This requirement in the case of moving it to the Russian Federation is also satisfied in the first place.
In this case, the obligations of the credit institution before the citizen to pay capitalized timephased payments transferred to the Russian Federation and the Russian Federation are executed in accordance with the Federal data protection law in the manner prescribed by the Government of the Russian Federation. (Repealed-federal law 29.06.2015 N 186-FL) Article 189-95. Especially creditors on subordinated loans creditors on subordinated loans (deposits, loans, bond), as well as on financial sanctions for failure to comply with obligations under subordinated loans (deposits, loans, bond) shall be satisfied after satisfaction of the claims of all other creditors.
Article 189-96. Settlements with creditors during bankruptcy proceedings 1. Bankruptcy trustee performs accounts payable in accordance with the register of creditors ' claims.
2. payments with creditors to meet requirements included in the register of creditors ' claims on the basis of the copies of the documents referred to in paragraph 1 of article 189-85 of this federal law shall be exercised only upon presentation of original documents to substantiate these claims.
3. Persons who have, in accordance with article 189-93 of this federal law entitled to discharge the obligations of the credit institution, produce accounts payable in accordance with the register of creditors ' claims.
4. Claims of creditors each priority shall be satisfied after the full satisfaction of the claims of creditors of the previous turn.
5. judicial acts, acts of other bodies and officials of the foreclosure of the funds from the accounts of a credit institution, as well as seizure and (or) other limit orders are executed by the insolvency administrator of the assets in the amount of monies owed to the creditors of the appropriate queue, in the manner prescribed by this paragraph.
The relevant funds are sent to the insolvency administrator for listing them according to the details provided by the body or official involved in the recovery or disposal restrictions which funds on accounts of clients of the credit institution.
6. On the performance requirements of the bodies or officials carrying out recovery or circumscribe orders cash on accounts of clients of the credit institution, the bankruptcy trustee is obliged to notify the relevant creditor of a credit organization by sending him e-mail messages by means of a registered letter with advice of delivery within five working days from the date of transfer.
7. If the directions to the Bank of Russia liquidation balance sheet credit organization or official body carrying out recovery or disposal restrictions which funds on accounts of clients of the credit institution are not communicated to the contest Manager details for payments referred to in this paragraph, the trustee makes owed the lender funds on deposit with a notary and shall notify the creditor of the credit institution, the said person by sending them by mail to the relevant communication by registered letter with advice of delivery within five working days from the date of transfer of funds on deposit with a notary.
8. In the case of evasion of the creditor from taking funds these funds made the insolvency administrator in deposit with a notary at the location of the credit organization (its branches), as reported by the creditor.
9. In case of insufficiency of funds of the credit institution to satisfy creditors ' claims one queue funds are distributed among creditors that queue in proportion to the amounts of their claims, included in the register of creditors ' claims.
10. In case of insufficiency of funds of the credit institution to meet the requirements of (part of), referred to in paragraph 3 of article 189-94 of this federal law, the money will be distributed among the creditors in proportion to the amounts of their respective claims (parts).
11. Claims of creditors presented after the closing of register of creditors shall be satisfied from the assets of the credit institution, remaining after satisfaction of the claims of creditors presented within the prescribed period and included in the register of creditors ' claims.
Accounts payable on the specified requirements are produced by the insolvency administrator in the manner prescribed by this article.
12. Claims of creditors of the first stage, submitted after the closing of register of creditors ' claims, but prior to the completion of settlements with all creditors, after the completion of the first stage of the settlements with creditors, who presented their claims within the prescribed time limit, subject to the satisfaction to meet the claims of creditors subsequent queue. To fully meet these creditors of the first stage of satisfaction of creditors ' claims subsequent queue is suspended.
If these requirements have been presented before the completion of the first stage of the settlements with creditors, they are compensable after the completion of the first stage of the settlements with creditors, who presented their claims within the prescribed time limit, subject to the availability of funds to their satisfaction.
13. In the manner prescribed by paragraph 12 of this article, subject to claims of creditors of the first stage, presented before the closure of the register of creditors ' claims, but established in the manner provided for in subparagraphs 2-4 paragraph 3 of article 189-85 of the present Federal Act accordingly: 1) before payments to all creditors, but after the completion of the first stage of the settlements with creditors whose claims had been installed prior to settlement;
2) until the completion of the first stage of the settlements with creditors whose claims had been installed prior to calculations with them.
14. Claims of creditors against the second line until the completion of settlements with all creditors, including after the closure of the register of creditors ' claims, compensable in a manner similar to an order established by paragraph 12 of this article.
15. I have dealt with in the Arbitration Court on the first day of the settlements with creditors the appropriate queue disputes between the insolvency administrator and the creditor on demand of the creditor, filed before the closure of the register of creditors ' claims, the trustee is obliged to reserve funds in an amount sufficient to meet the requirements of the relevant creditor proportional.

16. If at the time of the beginning of settlements with the Agency for its requirements between the Agency and the purchaser of the property and liabilities of the Bank, according to which the contract has been concluded in accordance with paragraph 3 of article 189-54 of this federal law, the Agency has the right to execute Bank for its commitment to compensate the buyer of the property value that is returned in the order, the trustee is obliged to reserve funds in an amount sufficient to meet the Agency's requirements proportional , subject to the limit of the value of assets that can be returned in the order in which a postback.
17. Shall be deemed satisfied the claims of creditors and claims, which swaps to creditors in accordance with the settlement agreement entered into between the insolvency administrator and the creditor (creditors), courtesy of given.
18. repayment of creditors by providing the compensation is only allowed in respect of the assets of the credit institution are not sold or not supplied in accordance with the procedure established by article 189-89 of this federal law.
19. As compensation may be granted only to the debtor's property, not encumbered with the collateral.
20. repayment of creditors by providing the compensation is only permitted subject to the priorities and proportionality of the arrears to its creditors.
21. repayment of creditors by providing the compensation allowed to address the meeting of creditors, or the creditors ' Committee. A meeting of creditors, or the creditors Committee approves the proposal of the bankruptcy trustee on the procedure for granting compensation, which should contain information on the composition of the property, its cost, the procedure and terms of the direction of creditors applications on consent to repayment requirements by providing compensation, the distribution of property among the creditors in case one property claimed by several lenders, settlement agreements.
22. The value of the property proposed for transfer to the creditors as the compensation is determined by the meeting of creditors, or the creditors ' Committee.
23. in order to transfer the creditors of the credit institution as compensation of assets of the credit institution trustee sends the appropriate creditor or creditors a proposal for repayment of their claims by providing compensation approved by the meeting of creditors, or the creditors ' Committee.
24. In case the number of creditors whose claims are not met, exceeds fifty, the creditors ' legal notice about this to settle their requirements through the provision of compensation is recognized by the inclusion of the proposal in the Federal Register of information about bankruptcy within five working days from the date of approval of the meeting of creditors, or the creditors ' Committee proposals on procedures for granting of the bankruptcy trustee to creditors of the credit institution of the compensation.
25. Within the period stipulated in paragraph 24 of the present article, the liquidator must include the text of the proposals for repaying creditors of the credit institution by providing compensation in the Federal Register of information about bankruptcy.
26. the proposal specified in paragraph 21 of this article shall contain: 1) name, location of the credit of the debtor organization and other her props;
2) name, defined in accordance with this article, the value of the property proposed for transfer to the creditors as compensation, and other information about the property;
3) order familiarize lenders such property;
4) competitive information management, including the name (surname, name, patronymic name) and address of the bankruptcy trustee to direct him correspondence;
5) time creditors credit organization statements on consent to repayment of its claims by providing compensation, which may not be less than thirty days from the date of the insolvency administrator suggestions on repaying creditors of the credit institution by providing compensation or the date of the inclusion of proposals for repaying creditors of the credit institution by providing compensation in the Federal Register of information about bankruptcy.
27. the assets of the credit institution is passed as the compensation creditors have filed their applications to the contest Manager within the period stipulated in the proposal by the bankruptcy trustee.
28. The statement made by the creditor consent to repayment of its claims by providing compensation must contain information about the property, which is claimed by the creditor.
29. the lender, not subject to the contest Manager of the statement on consent to repayment of its claims by providing compensation in the prescribed time and (or) not stating information about the property, is considered to have renounced the repayment of its claims by providing compensation.
30. the assets of the credit institution, provided as compensation shall be apportioned between lenders, contributing to the contest Manager of the statement on consent to repayment of its claims by providing compensation in the order of priority established by article 189-92 of this federal law, according to the proportion of recoverable claims these creditors by providing compensation.
31. repayment of creditors ' claims by novation agreement obligations, as well as through set-off of claims during bankruptcy proceedings in bankruptcy of credit institutions shall not be permitted.
32. Claims of creditors are not satisfied because of the insufficiency of the property of the debtor shall be deemed to be terminated. Settled claims of creditors are also not recognized by the insolvency administrator, if the creditor has not applied to the arbitral tribunal or the arbitral tribunal recognized such claims unfounded.
33. the trustee makes in the register of creditors ' claims information about repaying creditors.
34. information on repaying creditors each queue are forwarded to the Bank of Russia no later than within five days from the end of settlements with creditors that queue.
35. With respect to claims arising from financial contracts, the size of the obligations for which shall be determined in accordance with the provisions of article 4-1 of this federal law, the provisions of this article shall apply only to the part of the creditors ' claims on the net.
Article 189-97. Third party liability for the illegal acquisition of the assets of the credit institution 1. The lender, which requirements were not met in full because of insufficiency of assets of the credit institution has the right to a third party, including another creditor, illegally acquired the assets of the credit institution.
2. a creditor whose demands had not been met in full because of insufficiency of assets of the credit institution, may apply to the Court, the Court of arbitration, the Arbitration Court with the claim about the discovery of illegally obtained assets of the credit institution and the foreclosure of the specified property in the amount of claims remaining not discharged during bankruptcy proceedings.
3. The unlawfulness of the receiving third party assets of the credit institution shall be established by the Court, the arbitral tribunal, the arbitral tribunal by recognizing invalid transaction pursuant to which made property credit transfer to a third party organization, and on other grounds established by the legislation of the Russian Federation.
4. If the Court of Justice, Court of arbitration, Court of arbitration claims brought by a creditor whose demands had not been met in full because of insufficiency of assets of the credit institution, becomes a beneficiary in respect of the property in question, regardless of the grounds on which a third party receiving the assets of a credit institution deemed unlawful. In the absence of the specified property, or upon the application of a third party, the Court, the arbitral tribunal, the arbitral tribunal shall have the right to satisfy the requirement that the lender through foreclosure the amount without foreclosing on the property of a credit organization.
5. Realization (sale) property on which levied, produced by sale at public auction in the manner prescribed by procedural law.
6. Actions referred to in paragraph 1 of this article may be brought within ten years from the date of completion of the bankruptcy case, irrespective of the grounds on which a third party receiving the assets of the credit institution is illegal.
Article 189-98. The intermediate liquidation balance sheet and the liquidation balance sheet

1. After the completion and closing of register of creditors trustee not later than six months from the date of the opening of bankruptcy proceedings is the intermediate liquidation balance sheet, that contains information about the composition of the assets of the credit institution being liquidated, the list of charges against creditors, as well as information about undertaken provisional payments to creditors of the first stage. The term roster of creditors ' claims and the term of preparation of interim liquidation balance may be extended by the Arbitration Court, upon application by the bankruptcy trustee.
2. The intermediate liquidation balance sheet and the liquidation balance sheet shall be drawn up in accordance with the normative acts of the Bank of Russia and presented to the Bank of Russia for approval. The deadline for agreeing on the Bank of Russia of the intermediate liquidation balance sheet and the liquidation balance sheet cannot exceed thirty days from the date of receipt by the Bank of Russia documents established by the normative acts of the Bank of Russia.
Article 189-99. Report on the outcome of the bankruptcy trustee bankruptcy proceedings 1. After the completion of settlements with creditors, the harmonization of liquidation balance sheet, as well as after the termination of bankruptcy proceedings in the case provided for in subparagraph 2 of paragraph 1 of article 189-70 of this federal law, bankruptcy trustee shall submit the arbitral tribunal report on the results of the bankruptcy proceedings.
2. To report on the outcome of the bankruptcy trustee bankruptcy proceedings shall be accompanied by: 1) liquidation balance sheet;
2) documents confirming realisation of assets of the credit institution and the reasons for write-off;
3) register of creditors ' claims, together with an indication of the size of the remaining creditors.
Article 189-100. Completion of the bankruptcy proceedings 1. After considering the report of the Court of arbitration of the bankruptcy trustee about the outcome of the bankruptcy proceedings, the arbitral tribunal shall determine the conclusion of bankruptcy proceedings or in the event of the repayment of creditors ' claims in accordance with article 189-93 of this federal law, the definition of termination of bankruptcy proceedings, which are sent to the contest Manager and to the Bank of Russia.
2. Definition of the completion of the bankruptcy proceedings and the definition of termination of bankruptcy proceedings shall be immediately enforceable.
3. In the case of a determination on the termination of the bankruptcy case the decision of the Court of arbitration on the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings is not subject to further follow up.
4. the trustee within 30 days from the date of the determination, on the completion of the bankruptcy proceedings is obliged to submit to the Bank of Russia definition of Arbitration Court and the other documents in accordance with the Federal law "on State registration of legal entities and individual entrepreneurs" and the Federal law "on banks and banking activities".
5. entering into the unified State Register of legal entities information about State registration of the credit organization in connection with the liquidation shall be carried out in the manner prescribed by the Federal law "on State registration of legal entities and individual entrepreneurs", taking into account the characteristics of the specified registration stipulated by the Federal law "on banks and banking activities".
Article 189-101. Transfer of founders (participants) of the credit institution assets remaining after the completion of settlements with its creditors, and its distribution among them 1. Founder (participant) of a credit organization, recognized by the bankrupt, in the manner prescribed by this federal law, shall be entitled to receive the rate or some of the assets of the credit institution, remaining after the completion of settlements with its creditors (hereinafter referred to as the remaining property).
Transmission and distribution of remaining assets among the founders of (or participants in) the credit institution shall be made in accordance with the order and in accordance with the procedure established by federal laws, taking into account the characteristics provided for in this paragraph.
2. If a credit institution the remaining property to the bankruptcy trustee the day to the Bank of Russia liquidation balance sheet credit organization directs the founders (participants) of a credit organization notice of their right to receive the remaining property or includes Federal Register information about bankruptcy announcement of the availability of the remaining assets of the credit institution and the right of its founders (participants) to get the specified property.
3. statement by the founder (participant) of a credit institution on the intention to receive the remaining property is sent to the contest Manager within one month from the date of notification of the right to receive the remaining property or inclusion in the Federal Register of information about bankruptcy declarations in accordance with paragraph 2 of this article.
4. statement by the founder (participant) of a credit institution on the intention to receive the remaining property shall be in writing and includes: 1) information about founder (participant) of a credit organization;
2) surname, first name, middle name, date of birth, details of the documents proving his identity, postal address for correspondence, bank account (if any) for payments (for physical persons);
3) name, location, bank account details for payments (for legal entities);
4) indication to the effect that the applicant is the founder (participant) of a credit organization and expression of the will to receive the remaining property.
5. The statement of the founder (participant) of a credit institution on the intention to receive the remaining property of copies of documents, duly certified and confirming his right to receive the remaining property.
6. the trustee considers the statement of the founder (participant) of a credit institution on the intention to receive the remaining property within ten working days from the date of receipt of the application. Based on the results of consideration of the statements by the bankruptcy trustee shall send him notification of the remaining share of the property, payable to the founder (participant) of a credit organization. If at the date of this application, the person is not the founder (participant) of a credit institution, the trustee shall send such person notice of denial of the transfer of the remaining property.
The remaining assets can be transferred to the founders (participants), issued a declaration in accordance with paragraph 3 of this article, in common ownership.
7. Objections founder (participant) of a credit institution in respect of the refusal to transfer the remaining assets can be claimed in bankruptcy court within five working days of receipt of the founder (participant) of a credit organization notice of the bankruptcy trustee on the refusal to transfer the remaining property.
Objections of the founder (participant) of a credit institution shall be considered by the Arbitration Court in accordance with article 60 of this federal law.
8. in case of impossibility to transfer the remaining property in accordance with this article, the liquidator shall dispose of them (with the exception of the requirement) in accordance with article 148 of this federal law, taking into account the characteristics laid down in this article.
9. in case of impossibility to transfer rights of claim in accordance with this article, the remaining claims are written off from the balance of the insolvency administrator of the credit institution.
10. If a credit institution's creditors were not satisfied in full, and creditors announced refusal to accept the remaining property for repayment of their claims, which were offered for sale, but was not sold during the bankruptcy proceedings, and in the absence of declarations of founders (participants) of the credit institution on the intention to receive the remaining property of the trustee administers the remaining property in accordance with the provisions of article 148 of this federal law , taking into account the characteristics laid down in this article.
Article 189-102. Recognition of liquidating insolvent credit institution 1. If the value of the assets of the credit institution in respect of which the decision on liquidation, is insufficient to meet the claims of creditors of the credit institution, such a credit organization is liquidated in the manner provided for in this paragraph.
2. in the case of discovery circumstances under paragraph 1 of this article, the right to submit an application for recognition of a closing credit institution bankrupt are creditors of the credit institution and the Bank of Russia.
3. in the case of discovery circumstances under paragraph 1 of this article, the liquidation Commission (liquidator) closing of the credit institution is obliged within ten days apply to the arbitral tribunal a statement of recognition of the closing of the credit institution bankrupt.

4. the arbitral tribunal assigns the consideration of the case about recognition of the closing of the credit institution bankrupt, upon application by the persons referred to in paragraphs 2 and 3 of this article, not later than one month after the issuance of the determination by the arbitral tribunal on the adoption of the Declaration.
Article 189-103. Especially in the bankruptcy proceedings of a credit institution in respect of which carried out forced liquidation 1. After the arbitral tribunal on the recognition of the closing of the credit institution bankrupt and on the opening of bankruptcy proceedings, proceedings on the case about the liquidation of the credit institution shall be subject to termination and materials in the case of liquidation of the credit institution shall be annexed to the bankruptcy of the credit institution.
2. Liquidator publishes information referred to in subparagraphs 1-3, 6 and 7 of article 189, paragraph 2-74 of this federal law.
3. the trustee shall be entitled not to perform the duties imposed by article 189-78 of this federal law, if they were performed in the course of a compulsory liquidation of the credit institution.
4. A meeting of creditors, or the creditors ' Committee, formed in the course of a compulsory liquidation of the credit institution, continues to exercise its powers.
Article 189-104. Features of fixing and satisfaction of the creditor claims after the insolvent credit institution in respect of which carried out forced liquidation 1. Claims of creditors presented to the credit of the Organization during its liquidation and included into the register of the liquidator of the claims of creditors of the credit institution shall be deemed to be established in the size, composition and order of satisfaction, which identified the liquidator in accordance with this federal law, and are included in the register of creditors ' claims.
2. Within one month from the date of publication of the announcement of the recognition of the closing of the credit institution bankrupt, creditors may assert their claims to the closing of the credit institution in accordance with article 189-85 of this federal law.
3. In the course of bankruptcy proceedings in the bankruptcy of a credit institution in respect of which carried out forced liquidation, satisfaction of creditors ' claims of the first stage is carried out in accordance with the procedure established by article 189-94 of this federal law, unless otherwise provided for in this article. Advance payments to the creditors of the first stage are made only if calculations with these lenders were not made during the liquidation of the credit institution. The size of the payments of the Bank of Russia shall be determined in accordance with the requirements of the Federal law dated July 29, 2004 N 96-FZ "on payments of the Bank of Russia on individuals ' deposits in bankrupt banks not participating in the system of compulsory insurance of natural persons deposits in banks of the Russian Federation", minus the payments made during the liquidation of the credit institution.
4. Advance payments to creditors of the first stage begins not later than thirty calendar days from the date of first publication of the announcement of the recognition of the credit institution bankrupt and on the opening of bankruptcy proceedings and no earlier than ten calendar days from the date of publication of the announcement about the procedure and about the conditions of the preliminary first stage of creditors and should be made within three months from the specified date.
Article 189-105. The bankruptcy of the credit institution are missing 1. In cases where a credit institution-the debtor actually ceased operations is missing or if you set its location and location of its leaders is not possible, a statement of recognition of such a credit institution bankrupt bankruptcy may be filed by a creditor, as well as the authorized body of the Bank of Russia, regardless of the size of the accounts payable.
2. the arbitral tribunal within thirty days from the date of acceptance of the declarations of acceptance of the production missing credit institution bankrupt shall decide on acceptance of a missing credit organization debtor bankrupt and on the opening of bankruptcy proceedings. The insolvency administrator missing debtor credit institution shall be approved by the Agency.
For the exercise of the powers of the bankruptcy trustee credit missing debtor organization Agency remuneration is not assigned.
3. the trustee shall notify, in writing, of the bankruptcy of the credit institution are missing all known creditors of the credit institution, that within 30 days from the date of receipt of the specified notification may assert their claims to the contest Manager.
4. at the request of the bankruptcy trustee when Network Monitor detects a missing property of the debtor of the credit institution, the arbitral tribunal may determine the termination of the simplified procedure of bankruptcy and move to bankruptcy proceedings provided for in this paragraph.
5. Satisfaction of creditors ' claims missing credit of the debtor organization are carried out in order of priority, established by article 189-92 of this federal law. While coverage of court costs is carried out outside the queue.
6. The decision of the Arbitration Court for recognition of a bankrupt missing credit institution is forwarded to the Bank of Russia, as well as in the Federal Executive authority responsible for the State registration of legal persons, which introduced into the unified State registry of legal persons that the credit institution is in the process of elimination. ";
23) chap. IX supplement paragraph 8 to read as follows: "§ 8. Features bankruptcy clearing participant and participant's client clearing Article 201-16. Bankruptcy clearing participant and participant's client clearing 1. The provisions of articles 185-2-185-7 and paragraph 4-1 of this chapter shall apply to bankruptcy clearing participant who is a professional participant of the securities market and the clearing participant-credit organization respectively (taking into account the peculiarities stipulated by this paragraph).
2. When imposing monitoring party clearing may not: 1) transactions for its own account or for account of a client, if at the time they were committed, the property or money is insufficient for the execution of obligations under these and earlier deals. This requirement does not apply if the Member has the right to require clearing the specified property on the deal with the central counterparty in the amount and within the time limits that allow him to properly fulfill its obligations;
2) take advantage of the funds in a special broker account or a special account clearing participant;
3) use their own assets as security for performance of the obligations of third parties;
4) provide custom property loan;
5) repo contracts without the consent of the Interim Manager.
3. the money resources, securities and (or) other assets principal clearing remaining after termination of the clearing participant obligations from financial contracts as provided for in article 4-1 of this federal law, shall be included in the insolvency estate party clearing.
4. Cash and (or) other property transferred by the client party clearing, as is a professional participant of the securities market, and not a professional participant of the securities market, including clearing participant-credit institution, in accordance with the Federal law "on clearing and clearing activities" as security and trade and (or) clearing account are not included in the bankruptcy estate party clearing.
In the case of one of bankruptcy procedures against party clearing debt transfer and assignment of claims party clearing for obligations arising from contracts concluded at the expense of the client, as well as the transfer of the property of the client, which is the subject of a security for the performance of such obligations, another participant of clearing is carried out without the consent of a clearing Organisation meeting of creditors (creditors ' Committee) and the court-appointed trustee in the circumstances and in the manner envisaged by the Federal law "on clearing and clearing activities.
In case of impossibility provided for by this paragraph transfer debt and assignment of claims clearing participant, as well as the transfer of property to a different party clearing in accordance with the Federal law "on clearing and clearing activities" funds, securities and (or) other property remaining after the performance of the clearing organization net obligations of treaties concluded by a participant in the clearing at the client's expense, be returned to the client party clearing in order under article 201-17 hereof.

5. If the right of securities recorded on the account owner's Depot outdoor party clearing and (or) client clearing participant, and (or) account Depot nominal holder and (or) trustee, open party clearing from the date of acceptance by arbitration court decision declaring party clearing bankrupt and on the opening of bankruptcy proceedings, and for the credit institution as from the date of revocation of her license for carrying out banking operations Depending on which of these dates occurred earlier, the score carries out clearing organization that is entitled to give instructions on such account in accordance with the Federal law "on clearing and clearing activities.
6. In the case of clearing participant in accordance with the Federal law "on clearing and clearing activity" individual client assets provided as collateral and clearing participant obligations arising from contracts concluded at the expense of the customer, the trustee is obliged to provide information about these customers, information about the participant's property before clearing clients such information about commitments enforceable through and (or) in favor of each such client , the clearing organization.
7. in the case of a trustee in bankruptcy of the debt available clients before clearing participant performs recovery of such a debt in the manner prescribed by the legislation of the Russian Federation.
8. In the case of one of bankruptcy procedures against client clearing participant and client-credit organization in case of revocation of the license for carrying out banking operations, funds, securities and (or) other assets transferred to the client in accordance with the Federal law "on clearing and clearing activities" as security and remaining after the termination of the obligation party clearing due to such security should be included in the bankruptcy estate. Termination of an obligation is carried out on the date defined in accordance with the rules of clearing, or on the date following the date of acceptance by arbitration court decisions declaring the clearing participant client bankrupt and on the opening of bankruptcy proceedings, and for the credit organization as of the date following the date on which the revocation of her license for carrying out banking operations, whichever of these dates occurred earlier.
Article 201-17. The requirements of the clients principal clearing 1. In the course of the procedures applied in the bankruptcy case, clearing participant for the purpose of meeting customer requirements party clearing trustee or Registrar maintains a roster of clients clearing participant as provided for in article 185-3 of this federal law to maintain the registry of clients of professional securities market participants, management companies, clearing organization.
2. In case of cash, securities, and (or) other property remaining after the performance of the clearing organization net obligations of treaties concluded by a participant in the clearing at the expense of the client (customer), enough to meet customer requirements, these requirements are met in full.
3. In case of cash, securities, and (or) other property remaining after the performance of the clearing organization net obligations of treaties concluded by a participant in the clearing at the expense of the client (clients) are insufficient to meet the full requirements of these clients, this property is transferred in quantity proportional to fit customer requirements.
4. Unmet customer demands to be included in the register of creditors ' claims and are composed of creditor claims third stage.
5. If, at the expiration of six months from the date of acceptance by arbitration court decision declaring party clearing bankrupt and on the opening of bankruptcy proceedings, the property was not transferred to the client, trustee transfers such property on deposit with a notary.
Article 8 to amend the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation (collection of laws of the Russian Federation, 2003, no. 52, p. 5029; 2006, N 31, art. 3449; 2007, N 12, item 1350; 2008, N 42, art. 4699; N 52, art. 6225; 2011, N 1, art. 49; N 27, art. 3873; N 49, St. 7059; 2013, no. 19, art. 2308; N 27, art. 3438; N 49, St. 6336; N 52, art. 6975; 2014, N 14, art. 1533; N 30, art. 4219) as follows: 1) item 6 of part 2 of article 5, after the words "nominee accounts," add the words "except for certain nominal accounts offered by carers or guardians and beneficiaries who are wards,", add the words "unless otherwise provided for in this federal law;
2) article 7 supplemented by part 4 to read as follows: "4. the nominal account Treaty investor rights stipulated by this federal law, acquires a natural person who is a beneficiary of the account.";
3 paragraph 1 part 1) article 8 shall be supplemented with the words ", if you have not implemented the plan for the Agency's involvement in the settlement of the obligations of the Bank in accordance with the Federal law of October 26, 2002 N 127-FZ" on Insolvency (bankruptcy) "(hereinafter referred to as the Federal law on Insolvency (bankruptcy)";
4) in article 11: (a)) part 2 shall be supplemented with the words "unless otherwise provided for in this federal law;
b) part 3 shall be supplemented with the words "(excluding escrow accounts referred to in article 12-1 of this federal law)";
5) supplement article 12-1 as follows: "article 12-1. Features of insurance funds placed in escrow account opened for settlement on the transaction of purchase and sale of immovable property 1. Cash placed on escrow account opened by an individual (depositor) for calculations on the transaction of purchase and sale of immovable property be insured in accordance with this federal law during the period from the date of registration of the documents submitted for State registration of rights, until three working days from the date of State registration in the unified State Register of rights to immovable property, or until three working days from the date of adoption of the decision on refusal in State registration of the rights , or until three working days from the date of termination of State registration of the right.
2. In case of insured accident during part 1 of this article, the period of insurance funds placed in escrow account, the right to receive insurance compensation under paragraph 3 of this article shall be a physical person or the depositor when an escrow account under the Treaty grounds for transfer of funds to the beneficiary is a natural person who is a beneficiary under the contract of escrow accounts. These individuals are entitled to all the rights of the depositor under this chapter.
3. Refund of escrow account Treaty opened for settlement of transactions of sale of immovable property, shall be paid at the rate of 100 per cent of the amount held in the account at the time of the occurrence, but no more than 10 million. rubles.
4. reimbursement is calculated and paid separately from the compensation for other deposits in the light of the provisions of part 3 of article 11 hereof.
5. the Agency in respect of entries in the register obligations of the Bank towards its depositors on escrow accounts requests a federal body of executive power, authorized in the field of State registration of rights to real estate and transactions therewith, the State real estate cadastre, the State real estate cadastre (hereinafter-the agency conducting State registration of rights), information confirming the State registration of rights to real estate and transactions with it as of the day of the occurrence. The procedure for submitting a request and the submission of this information is set by the body implementing the State registration of the rights, in consultation with the Agency.
6. If the depositor has several escrow accounts under this article, in one bank, the total size of the commitments which these deposits before the contributor exceeds 10 million. rubles, compensation is paid for each of these deposits in proportion to their size.
7. If the Bank in respect of which the insured event, acted in relation to the individual as well as a creditor, the amount under the contract of escrow account under part 2 of this article shall be determined on the basis of the difference between the sum of the obligations of the Bank towards the person and the amount of the Bank's counterclaims arising before the date of the occurrence of the insured event, except the Bank of counterclaims to the specified person under credit agreements , secured by a mortgage of residential premises, sale or purchase of which is carried out with the use of the escrow account. ";

6) in part 2 of article 14, the words "federal law, dated February 25, 1999 N 40-FZ" on Insolvency (bankruptcy) of credit institutions "(hereinafter referred to as the Federal law on Insolvency (bankruptcy) of credit institutions") "were replaced by the words" the Federal law on Insolvency (bankruptcy) ", the words" the Federal law of October 27, 2008 year N 175-FZ "on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 year" (hereinafter referred to as the Federal law "on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 the year ")," should be deleted;
7) in part 4 of article 15, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law on Insolvency (bankruptcy)";
8) in part 3 of article 16, the words "the Federal law on Insolvency (bankruptcy) of credit institutions", federal law "on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 year", "add the words" and other federal laws ";
9) in paragraph 2 of article 19, the word "bid" should be replaced by the words "the amount of the Basic, additional and increased odds bet";
10) in paragraph 10 of article 21, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "the Federal law on Insolvency (bankruptcy)";
11) article 27 supplement part 8 to read as follows: "8. To establish additional or increased additional premiums to the Bank, the Bank of Russia no later than 45 days after the end of the quarter sends to the Agency in the manner prescribed by regulations of the Bank of Russia, the bank information payment criteria or elevated odds bet provided parts 7-4 and 7-5 of article 36 of this Federal Act.";
12) article 30 supplement part of 3-1, to read: "3-1. Agency in respect of entries in the register obligations of the Bank towards its depositors on escrow accounts may request the registration of rights, information confirming the State registration of rights to real estate and transactions with it, on the date of the occurrence of the insured event. The procedure for submitting a request and the submission of this information is set by the federal authority in the field of the State registration by agreement with the Agency. ";
13) in part 1 of article 35, the words "are the same for all banks and" should be deleted;
14) article 36: and) part 4-7 shall be amended as follows: "4. the basic rate of insurance contributions may not exceed 0.15 per cent of the estimates for the last billing period.
5. In cases stipulated by this federal law, the basic insurance premium rate may be increased to 0.3 per cent of the estimates, but not more than two of the estimated period for 18 months.
6. the basic rate of insurance contributions may not exceed 0.05 per cent of the estimated base calculation period following the billing period in which the amount of money the Fund of compulsory insurance contributions, including money invested by the Agency in the manner prescribed by this federal law, exceed 5 per cent of the total amount of deposits in banks.
7. the Basic, additional and increased additional premium rates are set by the Board of Directors of the Agency and applied to the notional database, established part of 2 of the present article. If the rates change, new premiums premiums are introduced not earlier than 45 days after adoption of the relevant decision. ";
b) supplement parts 7-1-7-8 to read as follows: "7-1. The base rate of insurance contributions is established in a single rate for all banks and paid by all banks. Additional rate of insurance contributions is established in a single for all banks not to exceed 50 per cent base rate. Increased additional rate of insurance contributions is established in a single for all banks up to a maximum of 500 per cent base rate.
7-2. For the purposes of establishing banks, pay an extra bet or increased premiums an additional bet, Bank of Russia defines the base rate of return deposits separately for deposits attracted in the currency of the Russian Federation and foreign currency, by calculating an average rate of disclosure to an unlimited circle of persons the maximum interest rates on deposits in banks, which drew together two thirds of the total deposits in banks of the Russian Federation in respect of deposits that match the criteria defined regulations of the Bank of Russia for the purpose of calculating the baseline yield deposits.
7-3. Baseline yield contributions separately on deposits in the currency of the Russian Federation and foreign currency every month shall be determined in the manner prescribed by regulations of the Bank of Russia, is revealed by the Bank of Russia to an unlimited circle of persons and brought to banks not later than within three working days before the beginning of each month.
7-4. Additional rate of insurance premiums paid by banks that have come during any month of the quarter at least one contracted or change the conditions of the deposit agreement on conditions of return input, which includes interest payments and other material benefits in excess of more than two but no more than three percentage points of annual base rate of return of deposits, as defined by the Bank of Russia for the appropriate month for deposits in the currency of the Russian Federation or foreign currency.
7-5. Excessive additional rate of insurance premiums paid by banks in the case or if: they attracted during any month of the quarter at least one contracted or change the conditions of the deposit agreement on conditions of return input, which includes interest payments and other material benefits in excess of more than three percentage points of annual base rate of return of deposits defined by the Bank of Russia for the appropriate month for deposits in the currency of the Russian Federation or foreign currency;
the financial position of banks in accordance with regulation criteria for the payment of Bank of Russia increased an additional bet.
7-6. The procedure for determining the size of other material benefit in determining the profitability of the contribution is fixed by regulation of the Bank of Russia.
7-7. The financial position of the Bank has been estimated by the Bank of Russia on the basis of: 1) indicators from among the installed part 3 article 44 hereof;
2) availability for Bank action in the form of restrictions on the exercise of individual operations, and (or) restrictions on the amount of the interest rate, which the Bank defines agreements of bank deposit, and (or) the prohibition to conduct certain banking transactions stipulated by the license for carrying out banking operations, and (or) a ban on the opening of branches.
7-8. The procedure for the recognition of the Bank's financial situation, the relevant criteria for the payment of the increased additional premiums, including the composition and the method of calculating the indicators used to assess the financial situation of the Bank Act is installed. ";
in) part 8 shall read as follows: "8. The decision to establish contribution rates published in the" Bulletin of the Bank of Russia ' and ' Russian newspaper not later than within five days from the date of its adoption. ";
g) part 10 shall be amended as follows: ' 10. The establishment of additional and increased the odds of premiums in respect of the Bank is carried out by the agency based on the information provided by the Bank of Russia in accordance with part 8 of article 27 of the present Federal law. Information on the establishment and the amount of additional or increased additional premiums shall be notified by the Agency to the Bank not later than 20th day of the second month of the quarter following the billing period. ";
d) part 11 the words "during 25 days from the end of the calculation period" shall be replaced with the words "not later than the last working day of the second month of the quarter following the billing period";
e) Part 13 shall be amended as follows:

"13. In case of disagreement with the Bank regarding additional or increased an additional rate of premiums it within 15 days from the date of receipt by the Agency the information specified in part 10 of this article may apply to the Bank of Russia seeking to deny it to the banks, by additional or increased an additional bet of premiums in the manner prescribed by normative acts of the Bank of Russia. Following its consideration of the petition of the Bank the Bank of Russia within 15 days from the date of receipt of the specified motion directs the Agency changes to a previously designed information about under the Bank's criteria for the payment of additional or increased rates or inform the Bank and the Agency to dismiss the petition of the Bank. If the Agency changes to a previously designed information leads to a change in the amount of the premium payable, the Agency shall inform the relevant Bank and the Bank of Russia within five working days from the date of their receipt by the Bank of Russia. The direction of the Bank to the Bank of Russia of a petition does not absolve the Bank from acting premium within the deadlines established by part 11 of this article. Amount overpaid insurance payments (penalties) for the billing period is credited to the debt repayment Bank on contributions (have elapsed) for other periods or payments, or refundable in the event of termination in accordance with article 35 of this federal law obligations of the Bank to pay the premiums. ";
15) in part 1 of article 40, the words "the Federal law on Insolvency (bankruptcy) of credit institutions", federal law "on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 year", "delete the words" the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)", "were replaced by the words" the Federal law on Insolvency (bankruptcy) ", other federal laws,";
16) in paragraph 4 of part 1 of article 44, the words "article 3 of the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "article 189-9 of the Federal law on Insolvency (bankruptcy)";
17) in part 1 of article 50 words "federal law" on banks and banking activities ", federal law" on Insolvency (bankruptcy) of credit institutions ", federal law" on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 year "," and the words "from October 26, 2002 N 127-FZ" deleted, add the words "and other federal laws."
Article 9 to amend the Federal law dated July 29, 2004 N 96-FZ "on payments of the Bank of Russia on individuals ' deposits in bankrupt banks not participating in the system of compulsory insurance of natural persons deposits in banks of the Russian Federation (collection of laws of the Russian Federation, 2004, no. 31, p. 3232; 2006, N 31, art. 3449; 2007, N 12, item 1350; 2008, N 42, art. 4699; N 52, art. 6225) as follows: 1) in article 5, paragraph 2, the words "federal law, dated February 25, 1999 N 40-FZ" on Insolvency (bankruptcy) of credit institutions "(hereinafter referred to as the Federal law on Insolvency (bankruptcy) of credit institutions") "were replaced by the words" paragraph 4-1 of chapter IX of the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (hereinafter referred to as the Federal law on Insolvency (bankruptcy) ")";
2) in article 6: (a)) in part 1: in the first paragraph, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
in the second paragraph, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)";
b) in part 3, the words "the Federal law on Insolvency (bankruptcy) of credit institutions" should be replaced by the words "paragraph 4-1 of chapter IX of the Federal law on Insolvency (bankruptcy)".
Article 10 to amend the Federal law of October 2, 2007 year N 229-FZ "on enforcement proceedings" (collection of laws of the Russian Federation, 2007, no. 41, item 4849; 2011, N 27, art. 3873; N 49, St. 7067; 2012, N 31, art. 4333; 2013, N 51, art. 6699) as follows: 1) part 11-1 article 70, the words "federal law, dated February 25, 1999 N 40-FZ" on Insolvency (bankruptcy) of credit institutions "should be replaced by the words" the Federal law dated October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)";
2) part 7 of article 81 words "federal law, dated February 25, 1999 N 40-FZ" on Insolvency (bankruptcy) of credit institutions "should be replaced by the words" the Federal law dated October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)".
Article 11 Article 19 of the Federal law of April 24, 2008 year N 48-ФЗ "About guardianship" (collection of laws of the Russian Federation, 2008, no. 17, p. 1755; 2014, N 45, art. 6143) supplement parts 3-1 and 3-2 to read as follows: "3-1. If the total size of the funds available on the account or accounts within the same bank exceeds the stipulated by the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation" amount of compensation on deposits, the Bank not later than the next working day shall notify a guardian or trustee, as well as a tutorship and guardianship agency of the amount of such exceedances and the implications of such an exceedance.
3-2. installed parts 3 and 3-1 of the present article, the requirements also apply to funds in a nominal account, which is the guardian or trustee and beneficiary under which is a mentee, the nominal guardian or trustee account is opened for each ward.
Article 12 in part 2 of article 10 of the Federal law dated July 18, 2009 N 181-ФЗ "about the use of State securities of the Russian Federation to increase the capitalization of the banks" (collection of laws of the Russian Federation, 2009, no. 29, p. 3618; 2012, N 31, art. 4334), the words "articles 4, 9-1 and 12 February 25, 1999 Federal law N 40-FZ" on Insolvency (bankruptcy) of credit institutions "should be replaced by the words" Articles 189-189, 10-17 and 189-20 October 26, 2002 Federal law N 127-FZ "on Insolvency (bankruptcy)".
Article 13 part 3 of article 6 of the Federal law dated July 2, 2013 year N 146-FZ "on amending certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2013, N 27, art. 3438) the words "January 1, 2015 years" were replaced by the words "with the January 1, 2016."
Article 14 1. Void: 1) the Federal law from February 25, 1999 N 40-FZ "on Insolvency (bankruptcy) of credit institutions" (collection of laws of the Russian Federation, 1999, N 9, p. 1097);
2) the Federal law of June 19, 2001 N 86-FZ "on amendments and additions to the Federal law on Insolvency (bankruptcy) of credit institutions" (collection of laws of the Russian Federation, 2001, N 26, art. 2590);
3) paragraph 37 of article 2 of the Federal law dated March 21, 2002, N 31-FZ "on bringing legislation into line with the Federal law" on State registration of legal entities "(collection of laws of the Russian Federation, 2002, N 12, art. 1093);
4) Federal law dated August 20, 2004 N 121-FZ "on amendments to the Federal law on Insolvency (bankruptcy) of credit institutions" and repealing certain acts (provisions of legislative acts) of the Russian Federation "(collection of laws of the Russian Federation, 2004, no. 34, p. 3536);
5) article 30 of the Federal law of December 18, 2006 year N 231-FZ "on the entry into force of part four of the Civil Code of the Russian Federation (collection of laws of the Russian Federation, 2006, no. 52, p. 5497);
6) article 1 of the Federal law of December 29, 2006 year N 247-FZ amending articles 50-36 and 50-39 of the Federal law on Insolvency (bankruptcy) of credit institutions "and article 72 of the Federal law" on the Central Bank of the Russian Federation (Bank of Russia) "(collection of laws of the Russian Federation, 2007, N 1, art. 10);
7) article 66 of the Federal law dated July 23, 2008 year N 160-FZ "on amending certain legislative acts of the Russian Federation in connection with the improvement of the exercise of authority of the Government of the Russian Federation" (collection of laws of the Russian Federation, 2008, no. 30, art. 3616);
8) the Federal law of October 27, 2008 year N 175-FZ "on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 year" (collection of laws of the Russian Federation, 2008, no. 44, art. 4981);

9) article 2 of the Federal law of December 22, 2008 year N 270-FZ "on amendments to the Federal law" on insurance of deposits of natural persons in banks of the Russian Federation "and other legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2008, no. 52, art. 6225);
10) paragraph of article 135 of the Federal Act of 1 December 30, 2008 year N 296-FZ "on amendments to the Federal law on Insolvency (bankruptcy)" (collection of laws of the Russian Federation, 2009, N 1, art. 4);
11) article 2 of the Federal law of April 28, 2009 N 73-FZ "on amending certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2009, no. 18, p. 2153);
12) Federal law dated July 19, 2009 N 193-FZ "on amendments to article 11 of the Federal law" on additional measures to strengthen the stability of the banking system in the period up to December 31, 2011 year "(collection of laws of the Russian Federation, 2009, no. 29, art. 3630);
13) paragraphs 3, 4 and paragraph 10 of the thirty-eighth article 6 of the Federal law of April 22, 2010 year N 65-FZ "on amending the law of the Russian Federation" on organization of the insurance business in the Russian Federation and certain legislative acts of the Russian Federation "(collection of laws of the Russian Federation, 2010, N 17, art. 1988);
14) article 3 of the Federal law dated February 7, 2011, N 8-FZ "on amendments to certain legislative acts of the Russian Federation in connection with adoption of the Federal law" on clearing and clearing activities "(collection of laws of the Russian Federation, 2011, N 7, art. 905);
15) article 7 of the Federal law dated June 27, 2011 year N 162-FZ "on amendments to certain legislative acts of the Russian Federation in connection with adoption of the Federal law" on the national payment system "(collection of laws of the Russian Federation, 2011, N 27, art. 3873);
16) article 8 of the Federal law dated November 21, 2011 year N 327-FZ "on amendments to certain legislative acts of the Russian Federation in connection with adoption of the Federal law" about the bid "(collection of laws of the Russian Federation, 2011, N 48, art. 6728);
17) article 1 of the Federal law of December 3, 2011 year N 381-FZ "on amendments to the Federal law" on additional measures to strengthen the stability of the banking system in the period up to December 31, 2011 year "and article 4 of the Federal law" on amendments to the Federal law "on noncommercial organizations" and certain legislative acts of the Russian Federation "(collection of laws of the Russian Federation, 2011, N 49 , art. 7059);
18) article 8 of the Federal law of December 6, 2011 year N 409-FZ "on amending certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2011, N 50, art. 7351);
19) article 3 of the Federal law dated July 28, 2012 year N 144-FZ "on amending certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2012, N 31, item 4333);
20) article 2 of the Federal law of May 7, 2013 year N 81-FZ "on amendments to the Federal law" on insurance of deposits of natural persons in banks of the Russian Federation ", and article 9 of the Federal Act" on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 year "(collection of laws of the Russian Federation, 2013, no. 19, art. 2308);
21) article 2 of the Federal law dated July 2, 2013 year N 146-FZ "on amending certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2013, N 27, art. 3438);
22) article 4 of the Federal law of May 5, 2014 N 112-FZ "on amendments to the Federal law" on the national payment system "and certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2014, N 19, art. 2317);
23) article 6 and part 8 of article 21 of the Federal law dated July 21, 2014 N 218-FZ "on amending certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2014, N 30, art. 4219);
24) article 2 of the Federal law of October 4, 2014 N 289-FZ "on amending certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2014, N 40, art. 5320);
25) the Federal law of October 14, 2014 N 304-FZ "on amending article 50-30 Federal law on Insolvency (bankruptcy) of credit institutions" (collection of laws of the Russian Federation, 2014, N 42, art. 5612). 2. Article 4 of the Federal law dated June 28, 2014 N 189-FZ "on amendments to the Federal law" on credit histories "and certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2014, N 26, art. 3395) deleted.
Article 15 1. This federal law shall enter into force on the day of its official publication, except for provisions for which this article establishes the dates of their entry into force.
2. paragraph 11 of article 7 of this federal law shall enter into force on the expiration of one hundred and eighty days after the date of entry into force of this federal law.
3. the thirteenth paragraph of item 4 of article 6 of this federal law shall enter into force from March 1, 2015 year.
4. the sixteenth and seventeenth Paragraphs of paragraph 8 of article 1 of this federal law shall enter into force on January 1, 2016 onwards.
4-1. the provisions of paragraph 4 of article 139 of the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law) does not apply to relations on the sale of an enterprise or part of the debtor's property at the auction, if the sale of the business or part of the debtor's property through public offer published in an official publication before the date of entry into force of paragraph 11 of article 7 of this federal law. (Part is supplemented by federal law from 29.06.2015 N 154-FZ)
5. the provisions of part 3 of article 11 and article 12-1 December 23, 2003 Federal law N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation" (as amended by this federal law) apply in respect of the insured events occurring in relation to banks after April 1, 2015 year.
6. the provisions of part 7-4, first and second paragraphs of part 7-5 of article 36 of the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation" (as amended by this federal law) shall apply from July 1, 2015 year.
7. the provisions of the third paragraph of part 7-5 of article 36 of the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation" (as amended by this federal law) shall apply from January 1, 2016 onwards.
8. Subject to the provisions of the Federal law dated October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law) applies to legal relations arising prior to the date of entry into force of this federal law, with regard to the implementation of the plans of the Agency's involvement in the bankruptcy of the Bank agreed (approved) by the Bank of Russia in compliance with the Federal law of October 27, 2008 year N 175-FZ "on additional measures to strengthen the stability of the banking system in the period up to December 31, 2014 years.
9. The rules established by article 189-40 October 26, 2002 Federal law N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law) also apply when considering applications for the recognition of transactions made prior to the date of entry into force of this federal law, if to this day has not entered into legal force Court Act based on the results of consideration of such statements.
10. the provisions of paragraph 8 of chapter IX of the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law) are used by arbitral tribunals in cases of bankruptcy, which was instituted after the date of entry into force of this federal law.
11. the provisions of paragraph 8 of chapter IX of the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law) are used also by arbitral tribunals in cases of bankruptcy clearing participants are professional participants in the securities market, and customers of clearing participants, who initiated prior to the date of entry into force of this federal law. Customer satisfaction of participants of clearing is carried out according to the rules of the Federal law dated October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law).

12. Since the completion of the procedure applied in the bankruptcy case, clearing participant who is not a professional participant of the securities market, and imposed prior to the date of entry into force of this federal law, the provisions of the Federal law dated October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)" (as amended by this federal law) shall apply to legal relationships arisen since the completion of the relevant procedures, applied in a bankruptcy case regardless of the date of the bankruptcy, except in cases of bankruptcy, in which creditors payments commenced in accordance with the register of creditors ' claims.
The President of the Russian Federation v. Putin in Moscow, the Kremlin December 22, 2014 N 432-FZ

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