Rus News Journal

The federal law of the Russian Federation from October, 27th, 2008 N 175 - FZ « About additional measures for strengthening of stability of bank system during the period till December, 31st, 2011 »

Article 1. the Prevention of bankruptcy of banks with a view of strengthening of stability of bank system

With a view of maintenance of stability of bank system and protection of legitimate interests of investors and creditors of banks in the presence of signs of an unstable financial position of banks, revealing of the situations menacing to stability of bank system and legitimate interests of investors and creditors of banks, the Central bank of the Russian Federation (Bank of Russia) and the state corporation Agency on insurance of contributions (further - the Agency) has the right to carry out measures under the prevention of bankruptcy of the banks which are participants of system of obligatory insurance of contributions of physical persons in banks of the Russian Federation.

Article 2. Measures under the prevention of bankruptcy of the banks, carried out by Agency

1. Measures under the prevention of bankruptcy of banks can be carried out by Agency a way:

1) rendering of the financial help to the persons getting according to co-ordinated (confirmed) the plan of participation of Agency in the prevention of bankruptcy of bank of the action (a share in an authorised capital stock) bank in the size, allowing to define bank decisions on the questions carried to the competence of general meeting of its founders (participants) (further - investors);

2) rendering of the financial help to the banks getting according to the co-ordinated (confirmed) plan of participation of Agency in the prevention of bankruptcy of bank property and the obligations of bank or their part (further - purchasers);

3) acquisitions according to the co-ordinated (confirmed) plan of participation of Agency in the prevention of bankruptcy of bank of actions (shares in an authorised capital stock) bank in the size, allowing to define, bank decisions on the questions carried to the competence of general meeting of its founders (participants);

4) rendering of the financial help to bank under condition of acquisition by Agency and (or) investors according to the co-ordinated (confirmed) plan of participation of Agency in the prevention of bankruptcy of bank of actions (shares in an authorised capital stock) bank in the size, allowing to define bank decisions on the questions carried to the competence of general meeting of its founders (participants);

5) the organisations of the auctions on sale of the property which is maintenance of execution of obligations of bank, including before Bank of Russia;

6) executions according to the co-ordinated (confirmed) plan of participation of Agency in the prevention of bankruptcy of bank of functions of acting administration on the basis of the decision of Bank of Russia.

2. Specified in points 1 - 5 parts of 1 present article of a measure are carried out by Agency on the basis of agreements (contracts).

3. The list of measures carried out by Agency under the prevention of bankruptcy of bank, and also the form and volumes of rendering of the financial help, a category, volume and cost of property and obligations in which relation the series of measures is carried out, provided by article 9 of the present Federal law, are established in respect of participation of Agency in the prevention of bankruptcy of bank. If necessary the Agency makes to the specified plan of change in an order provided for acceptance and the coordination of this plan.

4. The transactions specified in point 2 of article 28 of the Federal law from February, 25th, 1999 N 40 - FZ About an inconsistency (bankruptcy) of the credit organisations (further - the Federal law About an inconsistency (bankruptcy) credit organisations ) Can be recognised by void court, arbitration court under the bank statement in which relation according to the present Federal law authorised capital stock reduction was carried out.

5. With a view of realisation of the present Federal law the Agency opens the correspondent account in Bank of Russia.

Article 3. the Offer of Bank of Russia on participation of Agency in the prevention of bankruptcy of bank

1. According to article 1 of the present Federal law the Bank of Russia has the right to suggest to take part to Agency in realisation of measures under the prevention of bankruptcy of bank.

2. The decision on a direction in Agency of the offer on participation in the prevention of bankruptcy of bank is accepted by Committee of bank supervision of Bank of Russia.

3. From the date of a direction Bank of Russia in Agency of the offer on participation in the prevention of bankruptcy of bank and about day of the termination of term of realisation of measures under the prevention of bankruptcy of bank according to the present Federal law the Bank of Russia has the right to make following decisions:

1) not to apply to bank the measures provided by article 74 of the Federal law from July, 10th, 2002 N 86 - FZ About the Central bank of the Russian Federation (Bank of Russia) (further - the Federal law About the Central bank of the Russian Federation (Bank of Russia) );

2) not to enter provided by article 48 of the Federal law from December, 23rd, 2003 N 177 - FZ About insurance of contributions of physical persons in banks of the Russian Federation (further - the Federal law About insurance of contributions of physical persons in banks of the Russian Federation ) Interdiction for attraction in contributions of money resources of physical persons and opening of bank accounts of physical persons;

3) not to withdraw at bank the licence for realisation of bank operations in the cases provided by a part of second article 20 of the Federal law About banks and bank activity ;

4) to grant to bank a delay (instalments) on sum entering nedovnesennyh means in the obligatory reserves deposited in Bank of Russia, for the term of realisation of the plan of participation of Agency in the prevention of bankruptcy of bank. In this case the bank is obliged to make monthly calculation of the obligatory reserves which are subject to deposition, and to represent it to Bank of Russia in an order established by Bank of Russia.

Article 4. the Estimation of a financial position of bank

1. The bank of Russia has the right to make the decision on carrying out of an estimation of a financial position of bank for the decision of a question on expediency of participation of Agency in realisation of measures under the prevention of bankruptcy of this bank.

2. The estimation of a financial position of bank is spent together with representatives of Bank of Russia and Agency according to the statutory act of Bank of Russia.

3. With a view of an estimation of a financial position of bank the Bank of Russia and Agency have the right to direct to it the representatives. The specified representatives have the right of access to all premises of bank, to any documents and information systems of bank, and also have the right to request and receive at workers of bank any information (including the data making office, commercial and bank secret) and documents.

4. On termination of an estimation of a financial position of bank the representatives specified regarding 3 present article direct the report on results of the activity to Bank of Russia and Agency.

Article 5. the Decision on participation of Agency in the prevention of bankruptcy of bank

1. The agency not later than 10 days from the date of reception of the offer of Bank of Russia about participation of Agency in the prevention of bankruptcy of bank notifies Bank of Russia on decision-making on participation in the prevention of bankruptcy of bank or of refusal of such participation.

2. By consideration of the offer of Bank of Russia about participation in the prevention of bankruptcy of bank the Agency has the right:

1) to be converted into Bank of Russia and (or) to potential investors with the offer on definition of kinds of the financial help and (or) other kinds of assistance to bank in case of decision-making on participation of Agency in the prevention of bankruptcy of bank;

2) to carry on negotiations with bank controls, its founders (participants), potential investors and other persons for realisation of measures under the prevention of bankruptcy of bank;

3) to be converted into Bank of Russia with inquiry about granting of the additional data necessary for decision-making, specified regarding 1 present article.

3. The decision of Agency on refusal of participation in the prevention of bankruptcy of bank should be motivirovano. In case of acceptance by Agency of such decision the Bank of Russia applies the measures provided by federal laws to bank.

Article 6. the Plan of participation of Agency in the prevention of bankruptcy of bank

1. The measures provided by the present Federal law under the prevention of bankruptcy of bank with Agency participation are carried out on the basis of the plan which should be directed Agency in Bank of Russia within 10 days from the date of acceptance by Agency of the offer of Bank of Russia about participation in the prevention of bankruptcy of bank.

2. Within 10 days from the date of reception of the plan of participation of Agency in the prevention of bankruptcy of bank the Committee of bank supervision of Bank of Russia makes the decision on its coordination (statement) or on refusal in the coordination (statement). In case the plan of participation of Agency in the prevention of bankruptcy of bank provides use of means of Bank of Russia, co-ordinated by Committee of bank supervision of Bank of Russia the plan is subject to the statement Board of directors of Bank of Russia within the limits of the specified term. The order of the coordination (statement) of the plan of participation of Agency in the prevention of bankruptcy of bank is established by the statutory act of Bank of Russia. In case the plan of participation of Agency in the prevention of bankruptcy of bank or additions to it provides assignation and obligations of bank or their part, the specified plan should contain data on structure of passed property and obligations, about their cost and estimation methods.

3. During the period from the date of the coordination (statement) of the plan of participation of Agency in the prevention of bankruptcy of bank and about day of the termination of term of its realisation (end of carrying out of measures under the prevention of bankruptcy of bank) the Agency monthly delivers the report on a course of performance of the actions provided by the specified plan in Bank of Russia. The structure of the report and an order of its representation are defined by the statutory act of Bank of Russia.

4. In case of decision-making on refusal in the coordination (statement) of the plan of participation of Agency in the prevention of bankruptcy of bank or in case of impossibility of performance of the specified plan 3 articles 3 of the present Federal law of the decision of Bank of Russia accepted according to a part become invalid.

5. The bank of Russia and Agency communicate about presence of the bases bearing to impossibility of performance of the plan of participation of Agency in the prevention of bankruptcy of bank.

6. In case of default by bank of the co-ordinated (confirmed) plan of participation of Agency in the prevention of bankruptcy of bank the Bank of Russia has the right to make the decision on impossibility of performance of the specified plan and (or) on execution by Agency of functions of acting administration, and also other measures provided by the legislation of the Russian Federation.

Article 7. Change of the size of an authorised capital stock of bank

1. The bank of Russia after a direction in Agency of the offer on participation in the prevention of bankruptcy of bank has the right to make the decision on reduction of the size of an authorised capital stock of bank to size of own means (capital) in case by the time of acceptance of the given decision founders (participants) of bank have not made the decision on reduction of the size of an authorised capital stock of bank.

2. The size of own means (capital) of bank pays off by the rules established by Bank of Russia according to the Federal law About the Central bank of the Russian Federation (Bank of Russia) . At negative value of size of own means (capital) of bank the size of its authorised capital stock decreases to one rouble.

3. The decision on reduction of the size of an authorised capital stock of bank to size of own means (capital) is accepted in an order established by the statutory act of Bank of Russia, Committee of bank supervision of Bank of Russia, and is made out by the order of Bank of Russia, the signed Chairman of Bank of Russia or the Chairman of Committee of bank supervision of Bank of Russia. The message on reduction of the size of an authorised capital stock of bank not later than 10 working days from the date of decision-making is published in the Bulletin of Bank of Russia .

4. The decision of Bank of Russia on reduction of the size of an authorised capital stock of bank to size of its own means (capital) comes into force from the date of acceptance of the corresponding order of Bank of Russia and can be appealed against within 30 days from the date of message publication in the Bulletin of Bank of Russia . The appeal of the specified decision of Bank of Russia, and also application of measures on maintenance of claims concerning bank do not stop action of the specified decision of Bank of Russia. On the basis of the specified decision acting administration, including appointed Bank of Russia according to the Federal law About an inconsistency (bankruptcy) of the credit organisations is obliged to make the actions directed on reduction of constituent documents of bank in conformity with the accepted decision. For the banks operating in the form of joint-stock company, the acting administration also makes the decision on placing of actions, prepares and confirms the decision on a share issue and the report on share issue results according to requirements of statutory acts of Bank of Russia.

5. The bank of Russia within one working day from the date of giving by acting administration of issued documents all properly in case of acceptance of the decision by Bank of Russia makes on reduction of the size of an authorised capital stock of bank the decision provided by a part of third article 10 of the Federal law About banks and bank activity .

6. The authorised registering body within one working day from the moment of reception of necessary data and documents brings in the Uniform state register of legal bodies of data on reduction of the size of an authorised capital stock of bank on the basis of the documents directed by acting administration.

7. At reduction under the decision of Bank of Russia of the size of an authorised capital stock of bank to size of own means (capital) positions of federal laws are not applied:

1) about the obligatory notification message of creditors about their right to demand from bank of the termination or preschedule execution of obligations by it and compensation of the losses connected with it;

2) about the right of the statement creditors of requirements to bank about the termination or preschedule execution of obligations by it and compensation of the losses connected with it;

3) about bank liquidation if the size of its own means (capital) becomes less the than minimum size of the authorised capital stock established by the federal law and the statutory act of Bank of Russia for date of the state check in of bank.

8. At reduction of the size ustavnoju the capital of bank to size of own means (capital) under the decision of Bank of Russia positions of article 29 of the Federal law from December, 26th, 1995 N 208 - FZ " are not applied; About joint-stock companies (further - the Federal law About joint-stock companies ) and articles 20 of the Federal law from February, 8th, 1998 N 14 - FZ About limited liability companies (further - the Federal law About limited liability companies ) .

9. If at the moment of decision-making on reduction of the size of an authorised capital stock of bank to one rouble the bank in the form of joint-stock company is on any of stages of issue of actions (bank in the form of limited liability company - on any etane increases in the size of an authorised capital stock). The bank of Russia makes the decision:

1) concerning bank in the form of joint-stock company - about a share issue recognition not taken place and about its cancellation gosudarstvennoj checks in;

2) concerning bank in the form of limited liability company - about cancellation of the decision on increase in the size of an authorised capital stock.

10. In a case if at the moment of a recognition Bank of Russia of a share issue not taken place (decision-making on cancellation of the decision on increase in the size of an authorised capital stock) to bank have arrived money resources in payment of actions (shares), such money resources under the acting administration order have to be returned according to the legislation of the Russian Federation in time not later than three working days from the date of decision-making on release cancellation (additional release) actions (decision-making on cancellation of the decision on increase in the size of an authorised capital stock).

11. Own actions (share) of the bank which are at it on balance at the moment of decision-making on reduction of the size of an authorised capital stock of given bank to one rouble, should be extinguished.

12. Acting administration the decision on placing of an additional share issue (entering of the additional contribution into an authorised capital stock) can be accepted. In case of acceptance of the specified decision on shareholders (participants) of bank the right of priority of acquisition of actions (shares) does not extend.

13. Participants of placing of an additional share issue (entering of the additional contribution into an authorised capital stock) the shareholders (participants) of bank owning more than 1 percent of its actions (shares) within three months, previous date of a direction Bank of Russia of the offer in Agency about its participation in the prevention of bankruptcy of bank, and before date of decision-making on placing of an additional share issue (entering of the additional contribution into an authorised capital stock) cannot be. The share of participation of Agency or the investor following the results of authorised capital stock increase should allow to them to define bank decisions on the questions carried to the competence of general meeting of its founders (participants), including concerning its reorganisation or liquidation.

14. On acquisition by Agency or the investor of actions (shares) of bank according to measures under the prevention of bankruptcy of bank the positions of federal laws regulating an order do not extend:

1) receptions of the preliminary consent of Bank of Russia on acquisition of actions (shares) of bank;

2) receptions of the consent to realisation of the transaction with actions (shares) of bank of federal antimonopoly body (a notification message direction to federal antimonopoly body);

3) acquisitions of 30 and more percent of ordinary actions of the bank which is joint-stock company;

4) observance of the minimum size of an authorised capital stock of the bank established by the federal law and statutory acts of Bank of Russia for date of the state check in of bank;

5) observance of an order of disclosing of the information in the form of messages on essential facts (events, actions), concerning financially - bank economic activities;

6) attraction of the state financial control body for definition of the price of placing of actions.

15. The authorised registering body brings in the Uniform state register of legal bodies the information on increase in an authorised capital stock of bank on the basis of the documents directed by acting administration.

16. The additional share issue of bank can be in full or in part got Agency. The agency has the right to bring the contribution to a bank authorised capital stock.

17. Features of issue and check in of securities of banks at realisation by Agency of measures under the prevention of bankruptcy of banks are established by the statutory act of Bank of Russia.

Article 8. Realization by Agency of functions and powers of acting administration

1. Under the decision of Bank of Russia in case of reception of the consent of Agency on participation in the prevention of bankruptcy of bank of function of acting administration can be assigned to Agency. The agency carries out functions and powers of acting administration through appointed it from among the employees of the representative operating on the basis of the power of attorney.

2. From the date of purpose in acting administration bank the rights of founders (participants) of the bank, connected with participation in its authorised capital stock (including the right to convocation of general meeting of shareholders (participants), and power of controls of bank stop.

3. Operating as acting administration, the Agency has the right:

1) to carry out the powers provided by the Federal law About an inconsistency (bankruptcy) of the credit organisations and the statutory acts of Bank of Russia published according to it for acting administration at stay of powers of executive powers of bank;

2) to carry out the actions connected with reduction of the size of an authorised capital stock of bank to size of its own means (capital), to make the decision on modification of the charter;

3) to carry out the actions connected with increase of the size of an authorised capital stock, including to make the decision on placing of actions, to confirm the decision on a share issue and the report on results of this release, to make the decision on modification of the charter;

4) to make decisions on bank reorganisation;

5) to carry out sale of property of bank, including acquisition by its Agency;

6) to carry out assignation and obligations of bank or their part;

7) to be converted into court with the requirement about a recognition of the transactions made by bank, void on the bases provided by article 28 of the Federal law About an inconsistency (bankruptcy) of the credit organisations ;

8) to refuse execution of the contract of bank in cases and an order which are provided by the Federal law About an inconsistency (bankruptcy) credit organisations ;

9) to act as the organizer of the auctions on sale of the property which is maintenance of execution of obligations of bank, including before Bank of Russia;

10) to carry out other measures directed on the prevention of bankruptcy of bank;

11) to make the decision on bank liquidation.

4. In case of the termination of activity of acting administration in the affairs raised under statements of acting administration, as the claimant the bank, and in case of removal by arbitration court of the decision on a recognition of bank as the bankrupt and about opening of competitive manufacture (the statement of the competitive managing director) or decisions of arbitration court on purpose of the liquidator - the competitive managing director or the liquidator acts.

Article 9. Assignation and obligations of bank or their part

1. Within the limits of realisation of powers of acting administration the Agency has the right to carry out a series of measures on assignation and obligations of bank or their part to purchasers. By transfer to the purchaser of property and obligations of bank or their part rules about reception of the consent of creditors of bank on transition of their rights of the requirement to other person, the prior notification of creditors of transfer of obligations to the purchaser, the statement creditors of requirements about the termination or preschedule execution of obligations to them in connection with such transfer, and also other rules about an order of sale of the enterprise are not applied.

2. Assignation and obligations of bank or their part is carried out proceeding from principles of conscientiousness and a rationality of actions of acting administration, equivalence of the size of passed obligations of cost of passed property, protection of the rights and legitimate interests of creditors, including minimisation of their losses at realisation of the right by them to have satisfaction of the legal requirements to bank, sequences and proportionality of satisfaction of requirements of creditors, equalities of creditors of one turn.

3. All obligations of bank or their part can be passed the purchaser.

4. In case of transfer to the purchaser of a part of obligations of bank of the obligation of creditors of the subsequent turn are passed only after full transfer of obligations of creditors of the previous turns. The specified sequence is defined according to article 5036 of the Federal law About an inconsistency (bankruptcy) of the credit organisations . The part of obligations of bank of one turn if other is not established by the present article cannot be passed the purchaser.

5. The size of obligations passed the purchaser is defined by acting administration on the basis of the data which are available in bank.

6. After assignation and obligations of bank to the purchaser last is obliged to execute the received obligations and (or) duties but payment of obligatory payments on conditions which existed at date of the specified transfer.

7. The purchaser of property and obligations of bank or their part is defined by acting administration by the closed selection from among the banks having the licence for attraction of money resources of physical persons in contributions. An order and conditions of carrying out of the closed selection are established by Agency board of directors. At carrying out of the closed selection data on structure of passed property and obligations, about their cost and estimation methods are given to its participants. The agency is obliged on request of the creditor of bank to present the information on structure of the passed property and obligations, about their cost and estimation methods.

8. A condition of the admission of bank - the candidate to participation in the closed selection of the purchaser of property and bank obligations is the bank financial position - the candidate, sufficient for execution by bank - the candidate of received obligations, and also for performance of obligatory specifications by it and the obligatory reserves established by Bank of Russia.

9. The information on banks - the candidates participating in closed selection, goes to Bank of Russia. The bank of Russia has the right to forbid acquisition in case of discrepancy of bank - the candidate to the requirements established by a part of 8 present articles.

10. The purchaser of property and obligations of bank or their part and the acting administration operating on behalf of bank, conclude the contract of assignation and obligations of bank or their part in which conditions of such transfer are specified. The specified contract can contain consequences of transfer to the purchaser of property of inadequate quality.

11. The contract of transfer to the purchaser of property and obligations of bank or their part consists in writing and does not demand the state check in, except for cases of transfer to the purchaser of real estate and other property for whom the state check in of transition of the rights is provided by the federal law.

12. Property and bank obligations are considered passed the purchaser from the date of signing of the transfer certificate by both parties. From this point on to the purchaser passes risk of casual destruction or casual damage of the property received by it.

13. As a part of property and bank obligations the part of obligations to creditors of the first stage at a rate of the sum of insurance payments due to them according to the Federal law " can be passed; About insurance of contributions of physical persons in banks of the Russian Federation (further also - the insured obligations). In case of excess of the size of the insured obligations passed the purchaser over cost of property passed it (further also - negative balance of transfer) the Agency pays for the bill of means of fund of obligatory insurance of contributions to the purchaser priobretatelskuju the award at a rate of negative balance of transfer. By transfer to the purchaser of the insured obligations to creditors of the first stage payment of insurance compensation concerning not passed obligations at insured event approach is not made by it.

14. The agency at the expense of means of fund of obligatory insurance of contributions pays to the creditors of the first stage who has not received during liquidation bank of satisfaction of requirements in full, the sum compensating a difference between means received by them and means which they would receive in case property and bank obligations have not been passed the purchaser.

15. To the Agency which has paid to the purchaser priobretatelskuju the award, passes the requirement right to bank within the sum paid to the purchaser. During competitive manufacture (liquidation) of bank the specified requirement is satisfied in the first stage of creditors.

16. Simultaneously with signing of the transfer certificate the Agency directs for publication in the printing edition defined in an order, established by point 1 of article 5017 of the Federal law About an inconsistency (bankruptcy) of the credit organisations the information on transfer to the purchaser of obligations of bank. The specified information should contain data:

1) about criteria of reference of obligations to number passed the purchaser;

2) about an order of reception by creditors of the information on reference of obligations to them to number passed the purchaser.

Article 10. Financing of actions for the prevention of bankruptcy of banks

1. Actions for the prevention of bankruptcy of banks are carried out at the expense of means of investors, Agency, Bank of Russia, and also can be carried out at the expense of the means of the federal budget given as a property payment of the Russian Federation in property of Agency.

2. For realisation of actions for the prevention of bankruptcy of bank the Agency has the right to be converted into Bank of Russia with the statement for credit granting. The decision on granting to Agency of the credit for realisation of actions for the prevention of bankruptcy of bank is accepted by Board of directors of Bank of Russia. The credit of Bank of Russia can be given Agency without maintenance for the term up to five years.

3. The agency has the right to carry out financing of actions for the prevention of bankruptcy of bank at the expense of means of fund of obligatory insurance of contributions. The limiting size of the specified financing affirms as an order established by board of directors of Agency.

4. Financing of actions for the prevention of bankruptcy of bank at the expense of means of fund of obligatory insurance of contributions can be carried out only at simultaneous observance of following conditions:

1) if realisation of financing of the specified actions will lead to reduction of expenses of fund of obligatory insurance of contributions in case of bank liquidation;

2) if realisation of financing of the specified actions will not affect stability of fund of obligatory insurance of contributions.

5. Assignment of the federal budget for realisation of actions for the prevention of bankruptcy of banks with Agency participation is carried out by entering of a property payment of the Russian Federation into the property of Agency which is not fund of obligatory insurance of contributions, for formation of sources of expenses on carrying out of the actions provided by federal laws. The order of entering of the specified property payment is defined by the federal law on the federal budget.

6. In a case if the Agency has got actions or has brought the contribution to a bank authorised capital stock, it is obliged at reception of the offer of the person interested in purchase all got Agency of action (shares), to expose them on sale by the public auctions.

7. The price of realisation of all actions (shares) of bank got by Agency should not be less bolshej from two sizes: costs of a net wealth of bank (the actives which have been not burdened with obligations) for date of reception by Agency of the specified offer or the size of means, directed by Agency on authorised capital stock payment at acquisition cost.

8. Return of the means given by Agency for the prevention of bankruptcy of bank, and also execution of other obligations to Agency are made in established corresponding a mastiffovorami terms, including the terms exceeding terms of realisation of the plan of participation of Agency in the prevention of bankruptcy of bank.

Article 11. Final provisions

1. The present Federal law comes into force from the date of its official publication and operates till December, 31st, 2011 inclusive.

2. The federal law About banks and bank activity the Federal law About joint-stock companies the Federal law About limited liability companies the Federal law About an inconsistency (bankruptcy) of the credit organisations the Federal law from August, 8th, 2001 N 129 - FZ About the state check in of legal bodies and individual businessmen the Federal law About the Central bank of the Russian Federation (Bank of Russia) and the Federal law About insurance of contributions of physical persons in banks of the Russian Federation are applied taking into account positions of the present Federal law.

the President of the Russian Federation
D.Medvedev