Russian Federation On Amendments to Articles 16 and 18 of the Federal Law On Banks and Banking Activities adopted by the State Duma on December 4, 2015 Approved by the Federation Council on December 9, 2015 Amend the federal law "On banks and banking activities" Federal Act dated 3 February 1996 N 17-FZ, 1990, N 27, p. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 2001, N 26, est. 2586; 2002, N 12, st. 1093; 2006, N 19, sect. 2061; 2007, N 1, est. 9; 2011, N 27, est. 3873; 2013, N 11, st. 1076; N 19, est. 2317; N 27, sect. 3438, 3477; N 40, sect. 5036; 2014, N 52, sect. The following changes: 1) part of the first article 16 should be added to paragraph 7: "7) the existence of the grounds provided for in Article 18 of this Federal Law."; , to read: " Article 18. Additional requirements for the creation and activity of credit organizations with foreign investments (investments non-residents) Size of foreign capital in total charter capital Credit organizations licensed to carry out banking operations are calculated as the ratio of foreign investments of non-residents to the charter capital of credit organizations licensed to carry out banking operations, and The total charter capital of these credit institutions. In the calculation of foreign investments in the charter capital of credit institutions licensed to carry out banking operations, foreign investments are not included: 1) made in the charter capital of credit institutions. organizations licensed to carry out banking operations and are financed by the profits of designated credit organizations received in the Russian Federation or repatriated to the Russian Federation from abroad; 2) -licensed daughters of a child by credit organizations of foreign banks in the authorized capital of credit organizations licensed to carry out banking operations, as well as all subsequent investments of these organizations in the authorized capital of credit organizations with Bank operations licence; 3) implemented prior to 1 January 2007 in the charter capital of credit organizations licensed to carry out banking operations; 4) carried out in the charter capital credit institutions licensed to carry out banking activities transactions, which were carried out after 22 August 2012; 5) account for 51 per cent and more of the shares (shares) of the authorized capital of a credit institution licensed to carry out banking operations after 1 January 2007, subject to finding the listed shares (shares) of the investor for 12 years or more, if the Bank of Russia, after the expiry of the period of time, did not decide to continue the inclusion of the said investments in the calculation and not has published this decision. The procedure for the adoption of the decision by the Bank of Russia and its publication is fixed by the Bank of Russia. The size of foreign capital participation in the total charter capital of credit organizations licensed to carry out banking operations is calculated by the Bank of Russia in accordance with the procedure established by them as of 1 January of each year.
Information on the size of foreign capital participation in the total charter capital of credit institutions licensed to carry out banking transactions and the indicators used for its calculation shall be published in the The official publication of the Bank of Russia "The Bulletin of the Bank of Russia", as well as the posting on the official website of the Bank of Russia in the information and telecommunications network of the Bank of Russia, no later than February 15, 2016. For the purposes of this Federal Law, the quota is defined as the limit value of foreign capital participation in the total charter capital of credit organizations licensed to carry out banking transactions of 50 interest. When the quota is reached, the Bank of Russia implements the following measures regarding foreign investment: 1) refuses to register a credit institution with foreign investments and to grant it a banking license operations; 2) imposes a ban on the increase in the authorized capital of a credit institution licensed to carry out banking operations, with funds from non-residents and on the alienation of shares (shares) of the credit institution in favour of Non-resident status, if the result of these actions is to exceed the quota. Shares of credit organization, alienated (sold) in violation of the said ban, are not voting rights and are not taken into account in determining the quorum of the general meeting of the shareholders (participants) of the credit institution during the period The effects of such a ban. " In the case of the transaction involving the alienation (purchase) of the shares (shares) of the credit institution in violation of the said ban, the Bank of Russia will file a lawsuit to declare the relevant transaction (deals) void. The
Measures provided for in paragraph 6 of this article shall not apply to the foreign investment referred to in paragraphs 1 and 2 of Part Two of this Article. Measures under paragraph 2 of part 6 of this article shall not apply to foreign investments in the charter capital of credit organizations licensed to carry out banking operations determined in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Bank of Russia will terminate the application of the measures provided for in paragraph 6 of this article if the participation of foreign capital in the total authorized capital of credit institutions licensed to carry out banking activities is authorized by the Bank of Russia. operations will be less than 50 per cent. The Bank of Russia is obliged to publish information on the application of measures provided for in part six of this article, the reasons for the application of such measures, the termination of the use of such measures in the official publication of the Bank of Russia "Bulletin of the Bank of Russia", as well as the use of such measures. To place it on the official website of the Bank of Russia in the information and telecommunications network "Internet".
The application and termination of the measures provided for in Part Six of this Article and the procedure for disclosing information on the use, reasons of application, and termination of application of these measures shall be established by the Bank's regulations. Russia. "Unless otherwise provided by the international agreements of the Russian Federation, the Bank of Russia may, in coordination with the Government of the Russian Federation, impose restrictions on credit institutions with foreign investment," the statement said. Banking operations, if in the foreign countries concerned banks with Russian investments and branches of Russian banks are subject to restrictions on their establishment and activities. The Bank of Russia has the right to establish additional requirements for credit institutions with foreign investments in accordance with the procedure established by the Federal Law "On the Central Bank of the Russian Federation (Central Bank of Russia)". The President of the Russian Federation Vladimir Putin President of the Russian Federation President of the Russian Federation Vladimir Putin President of the Russian Federation, the Kremlin .
