Regulations of the bank for servicing the client's account. foreign currency through the Bank's operating cash desks
Business processes and the management system of a modern bank are so complex that one cannot do without their mandatory documentation. Each organization develops its own set of internal regulations, nevertheless, such of them as the regulation on the organizational structure, divisions, job descriptions specialists, credit policy, management policy banking risks, interest rate policy, the rules of internal control in order to counter the legalization (laundering) of proceeds from crime ", and the financing of terrorism, information security policy, are relevant for most banks.
The main task of internal regulatory documents is to increase the manageability and controllability of organizational, technological and accounting processes and to prevent non-compliance with the requirements of regulatory bodies, as well as incorrect, unacceptable or even dangerous actions for the bank by employees. Internal regulatory documents are approved by the head of the credit institution and are binding on all employees of the bank.
Let us dwell in more detail on the description of the most important of the internal documents (such accounting regulations as accounting policy, document processing technology, etc., will be considered separately), presenting approximate options for their design. From a practical point of view, this is important, since there are still no generally accepted and approved standards for the forms of internal regulations of banks, and each of them solves this problem for itself independently, without coordinating the adopted form with similar already existing ones.
More on the topic Regulations and documents:
- 2.5. Regulations for the interaction of participants in the investment process in the formation of an investment program
1. Working hours structural units Jar, during which the acceptance of settlement documents of clients is carried out for their execution by the Bank, it is established:
For the Foreign Exchange Department of the Head Office: from 9:00 am to 4:30 pm with a lunch break from 13:00 to 14:00;
For additional and operational offices of the Bank: in accordance with the regime operating day each internal structural unit.
from 09.00 to 11.00
Sale by the Bank at the expense of its own funds foreign currency to the client
from 09.00 to 15.30 hours
Sale of foreign currency, including compulsory sale, in cases stipulated by currency legislation, on the interbank currency exchange on behalf of the client
from 09.00 to 11.00
Purchase by the Bank using its own funds in Russian rubles foreign currency at the client
from 09.00 to 15.30 hours
from 09.00 to 15.30 hours
4. Features of cash withdrawal Money in
foreign currency through the Bank's operating cash desks
4.1. Cash withdrawal, broken down by banknotes at the disposal of the Bank at the time of cash withdrawal of foreign currency, is carried out at the established opening hours of the Bank's cash desks in the following order: 4.1.1. For amounts subject to withdrawal and not exceeding 00 US dollars or euros, - the withdrawal of funds is carried out on the current banking day without prior notification from the client; 4.1.2. For amounts subject to and exceeding USD or EUR 00, as well as for any amount in a freely convertible currency other than USD or EUR, funds are issued on the next banking day, subject to prior submission of an application to the Bank by 11 00 hours of the day preceding the receipt of funds at the Bank's operating cash desk. The specified Application for receiving cash in foreign currency can be drawn up by the client as in writing, and transmitted by phone. The telephone number for accepting Applications at the Head Office of Ellipse Bank is set as follows:. |
5. Other terms of service
5.1 Payment for the Bank's services on settlement and cash services the Bank's clients in foreign currency in accordance with these Tariffs shall be charged by the Bank no later than the business day following the day of the operation, the provision of services, except for cases expressly provided for by the provisions of individual clauses of these Tariffs.
The provision of services by the Bank, operations on behalf of the client are subject to payment by the client in the amount and in the currency established by these Tariffs. The Bank charges transactions on behalf of the client or the provision of services by the Bank in Russian rubles at the expense of the balance of funds on the client's current account in Russian rubles, or in a foreign currency other than the currency of the commission established by these Tariffs (established payment for the Bank's services), otherwise Client accounts with Ellips Bank in the equivalent converted using the currency rate of the commission (payment for the Bank's services) to the Russian ruble or using the cross rate of the respective foreign currencies at the official quotes of the Central Bank of the Russian Federation in effect on the day the payment is due.
5.2. Commissions and expenses of correspondent banks are subject to compensation by the client in cases stipulated by the terms of the Bank's individual transactions, no later than the business day following the day the Bank receives the corresponding notification from the correspondent bank in the same currency in which the transaction was performed. In case of insufficient funds on the client's account in the currency in which a particular operation was carried out, the commissions and expenses of correspondent banks are subject to compensation either in Russian rubles at the expense of the balance of funds on the client's current account in Russian rubles, or in a foreign currency other than from the currency of withheld commissions or expenses of the correspondent bank subject to compensation from another Client Account with Ellipse Bank in the equivalent converted using the exchange rate of the correspondent banks' commissions to the Russian ruble or using the cross-rate of the corresponding foreign currencies at the official quotations of the Central jar Russian Federation effective on the day of claiming compensation for commissions and expenses of correspondent banks.
5.3. In the absence of client accounts in foreign currency with Ellips Bank, payment for the Bank's services when purchasing foreign currency for Russian rubles in the foreign exchange market on behalf of the client with the subsequent transfer of the purchased foreign currency to the client's account in another bank, as well as payment for transfer of foreign currency is charged by the Bank in Russian rubles without acceptance no later than the working day following the day of the service (operation) from the funds in the client's current account in Russian rubles in the amount established by these Tariffs, based on the equivalent, recalculated using the rate of the currency in which the payment for the Bank's services is set to the Russian ruble at the quotation of the Central Bank of the Russian Federation in effect on the date of payment.
5.4. In the absence of the Customer's accounts in foreign currency with Ellips Bank, the Bank shall charge the Bank in Russian rubles without acceptance for an operation to transfer funds in foreign currency provided by the Bank as a loan to the customer's account in another bank on his behalf. a business day following the day of the foreign currency transfer operation, at the expense of funds on the client's current account in Russian rubles in the amount established by these Tariffs, based on the equivalent converted using the exchange rate in which the payment due to the Bank is established to Russian ruble at the quotation of the Central Bank of the Russian Federation, effective on the date of collection of the payment.
5.5. In case of cancellation or revocation of a payment document received by the Bank, the amount collected as payment for the Bank's services, as well as the amount collected as reimbursement to the Bank of the commissions and expenses of correspondent banks, are non-refundable.
5.6. When transferring funds received after closing the Account, the payment for the execution by the Bank of the corresponding operation is withheld on the day of transfer.
5.7. In the event of a refund of funds for the transfer in connection with incomplete or unclear instructions and provided that the reason for such a refund is not erroneous actions of the Bank, the amount collected as payment for the execution of the said operation by the Bank is not refundable.
5.8. All commission fees and expenses of correspondent banks that the Bank bears when executing client orders related to transactions on the latter's Account with Ellips Bank are compensated by the client at their actual cost for each operation in cases directly provided for by the provisions of individual clauses of these Tariffs.
5.9. These Tariffs apply to standard banking transactions and services. In this case, the Bank may, on the basis of a separate agreement with the client, provide on a paid basis additional types of services that are not provided for in these Tariffs, as well as change the amount tariff rate for a single operation by agreement with the client.
The rates of these Tariffs are applied only to those operations and services, the execution of which is carried out in the usual procedure for banking practice. In the event that the performance of a particular operation by the Bank, the provision of a particular service on behalf of the client requires additional costs or additional workload, the Bank reserves the right to charge an additional commission, which the client will be notified of in advance.
5.10. The bank has the right to unilaterally change, supplement or cancel these Tariffs. Bank tariffs in new edition(with amendments and additions made) within the period established by the agreement of a bank account in foreign currency between a credit institution and a legal entity (resident of the Russian Federation / non-resident of the Russian Federation), are posted for review on the Ellipse Bank website on the Internet, and are also posted in the premises of the Bank for work with clients.
5.11. The Bank is not responsible for the late notification of customers about changes in these Tariffs in the event that the need for such changes was caused by the requirements of regulatory legal acts of the Bank of Russia or other regulatory bodies.
For each main account (except for the bank's correspondent account opened with the Bank of Russia), for which, in the copies of the general loan agreement the bank provides for the possibility of obtaining intraday and overnight loans, the bank simultaneously with copies of the general loan agreement submits to the Bank of Russia copies of the concluded agreements (additional agreements to agreements) of the bank account containing the condition provided for subparagraph 2.2.1 of paragraph 2.2 of this Regulation.
If the general loan agreement provides for the provision of intraday and overnight loans to the bank's correspondent account opened with the Bank of Russia, the bank submits two copies of an additional agreement signed on its part to the correspondent account agreement containing the condition provided for subparagraph 2.2.1 of paragraph 2.2 of this Regulation, if the correspondent account agreement does not contain the specified condition.
1.5. If during the set in paragraph 1.3 of this appendix of the term, the bank has not submitted to the Bank of Russia the documents specified in clauses 1.3, 1.4 of this appendix, the Bank of Russia sends the bank a message about the refusal to conclude a general loan agreement. The bank has the right to re-submit an application for the conclusion of a general loan agreement at any time.
Not later than 3 working days from the date of receipt of the documents specified in paragraphs 1.3 , 1.4 of this annex, if they are complete and correct, and also if the bank meets the criteria established by subparagraphs 2.1.1-2.1.3 of paragraph 2.1 of this Regulation, the Bank of Russia shall transfer to the bank, against receipt, a copy of the general loan agreement and a copy of the supplementary agreement to the bank's correspondent account agreement signed by the Bank of Russia (if the latter was submitted by the bank). If the bank does not meet the above criteria, the Bank of Russia sends the bank a message about the refusal to conclude a general loan agreement.
In case of incorrect execution of documents that the bank submits to the Bank of Russia in accordance with this clause, or incomplete submission of the required documents, the Bank of Russia notifies the bank of the suspension of signing the general loan agreement until the identified errors are corrected. If, within 10 working days from the date of sending the said notification, the bank has not corrected the indicated errors, the Bank of Russia shall send the bank a message about its refusal to conclude a general loan agreement.
1.6. A bank that has received a message from the Bank of Russia about the refusal to conclude a general loan agreement has the right to re-submit to the Bank of Russia an application for concluding a general loan agreement on any working day. The question of the need to re-submit by the bank documents previously submitted by the bank to the Bank of Russia in the course of the unfinished procedure for concluding a general loan agreement is agreed between the bank and the Bank of Russia.
2. Amendments to the general loan agreement and its termination.
2.1. On any working day during the term of the general loan agreement, the bank has the right to apply to the Bank of Russia division at the place of conclusion of the general loan agreement with a petition (in any written form) to amend the general loan agreement in terms of the terms that may be changed. The bank's proposal to change the amounts of credit limits specified in the general loan agreement must be substantiated.
The application for amending the general loan agreement, which provides for the inclusion in the said agreement of the provisions necessary for the bank to receive loans from the Bank of Russia secured by bonds, in accordance with this Regulation, must be accompanied by the documents specified in third paragraph and 7th clause 1.1 (1) of this application. These documents may not be submitted by the bank to the Bank of Russia if they are already available in the Bank of Russia.
2.2. The bank's petition to amend the general loan agreement is rejected if the Bank of Russia obligations to provide loans in accordance with the general loan agreement are suspended, or if the bank or the Bank of Russia initiated the procedure for terminating the general loan agreement, or if the changes to the general loan agreement proposed by the bank contradict these Regulations ... Without explaining the reasons, the bank's application for amending the general loan agreement in terms of changing the credit limits may be rejected. If the bank's petition to increase the lending limits is rejected, the Bank of Russia may inform the bank of the maximum total amount of lending limits that the Bank of Russia agrees to establish and suggest that the bank reallocate the specified amount between the main accounts of the bank. If such a message is received, the bank submits to the Bank of Russia a new application for amending the general loan agreement in terms of changing lending limits in compliance with the maximum total amount lending limits specified in the message of the Bank of Russia.
A petition for amendments to the general loan agreement, providing for the inclusion in the said agreement of the provisions necessary for the bank to receive loans from the Bank of Russia secured by bonds, in accordance with this Regulation, in addition to the cases specified in the first paragraph of this clause, is rejected if it is not attached to it. documents referred to in third paragraph and 7th clause 1.1 (1) of this Appendix, except for the case when, by agreement with the Bank of Russia, the bank may not submit the specified documents to the Bank of Russia.
2.3. No later than 15 working days from the date of acceptance of the bank's petition for amending the general loan agreement, the Bank of Russia division that has accepted the bank's petition for amending the general loan agreement shall send a message in any written form to the bank about the rejection of the said application or about its consent to conclude the corresponding additional agreement. If the Bank of Russia agrees to change the amount of the lending limit specified in the general loan agreement, a notification is sent to the bank about the establishment of a new amount of the lending limit.
The adoption of a decision by the Bank of Russia on the bank's petition to exclude main accounts from the general loan agreement and (or) to reduce the lending limits established by the general loan agreement, in the absence of grounds for rejecting the said application, shall be suspended until the following conditions are simultaneously fulfilled:
the bank's right to receive loans from the Bank of Russia to the relevant main accounts was suspended;
there is no outstanding debt of the bank for loans from the Bank of Russia extended to the corresponding main account (in the case of the bank's petition to exclude the main account from the general loan agreement).
If the Bank of Russia agrees to conclude an additional agreement providing for the addition of the list of main accounts, the Bank of Russia shall also indicate the amount of credit limits in the corresponding message.
If the application for amendments to the general loan agreement contained information about the intention to use bonds as collateral for loans of the Bank of Russia provided in accordance with this Regulation, the message on the consent of the Bank of Russia to amend the general loan agreement includes a list of details required by the Bank Russia for the implementation of depositary transfers carried out during operations in accordance with this Regulation, subject to inclusion in an additional agreement to the general loan agreement.
2.4. Not later than 10 working days from the date of receipt of the message of consent to conclude an additional agreement to the general loan agreement, the bank shall submit to the Bank of Russia:
2.4.1. three copies of the specified additional agreement signed by an authorized official of the bank.
The supplementary agreement to the general loan agreement, concerning amendments to the composition of the main accounts specified in the general loan agreement, must provide for its entry into force on the second business day after its conclusion.
If the application for amending the general loan agreement contained information about the intention to use bonds as collateral for loans of the Bank of Russia provided in accordance with this Regulation, the additional agreement to the general loan agreement submitted by the bank for signing to the Bank of Russia shall include data, similar to the data specified in third paragraph and fourth paragraph 1.3 of this application, in compliance with the requirements established paragraphs five and sixth paragraph 1.3 of this application.
No later than three working days after receiving the correct documents, the Bank of Russia shall sign two copies Agreements and hands over the second copy of the Agreement against receipt to the representative of the bank - the potential guarantor.
4. Registration of the provision of overnight loans by the Bank of Russia to borrowing banks.
4.1. On the next business day after the Bank of Russia has granted an overnight loan, the following actions are taken.
An authorized employee of the Bank of Russia division in which the corresponding main account of the borrowing bank is opened shall issue a Notice drawn up in accordance with the established procedure to the authorized employee of the borrowing bank. The specified employee must present an identity document and a power of attorney to receive the specified document, signed by an authorized official of the borrowing bank. The fact of transfer of the Notice is recorded by a subdivision of the Bank of Russia in a journal, which indicates the date and time of transmission of the Notice, the name of the borrowing bank, the last name, first name and patronymic of an authorized employee of the borrowing bank, details of the identity card presented by him. In the specified journal, the named authorized employee of the borrowing bank signs for the receipt of the Notice.
If it is impossible to transfer the Notice to an authorized employee of the borrowing bank in fixed time The Bank of Russia has the right to send a Notice to the borrowing bank by registered mail with an acknowledgment of receipt.
Information about changes:
Indication Bank of Russia dated March 4, 2013 N 2976-U, the annex was supplemented with clause 4.2
4.2. Not later than the first business day following the day the Bank of Russia provides the overnight loan, the Bank of Russia shall send to the Depository a depo order to transfer the bonds selected by the Bank of Russia as collateral for the specified overnight loan from the section "Blocked by the Bank of Russia" of the bank's depo account with the Depository to the the bank's depo account with the Depository, intended for registration of the pledge of bonds for overnight loans provided in accordance with these Regulations.
5. The provision of loans by the Bank of Russia to banks at a fixed interest rate.
5.1. To obtain a loan at a fixed interest rate, the bank sends to the Bank of Russia an Application for a loan from the Bank of Russia at a fixed interest rate (hereinafter referred to as the Application for a loan).
An application for a loan on paper is drawn up in accordance with Appendix 6 to these Regulations and is sent to the Bank of Russia subdivision authorized to accept Applications for a loan on paper, providing for the provision of a loan from the Bank of Russia to the bank's main account, to which, in accordance with the specified application, the bank requests a loan from the Bank of Russia.
An application for a loan can be sent by the bank to in electronic format to a subdivision of the Bank of Russia authorized to accept Applications for a loan in electronic form, in accordance with the exchange agreement concluded between the Bank of Russia and the bank. The specified application must be signed electronic signature
Information on the Bank of Russia divisions authorized to accept applications for a loan in hard copy or in electronic form is published in the Bank of Russia Bulletin and / or posted on the official website of the Bank of Russia in the Internet.
5.2. The Bank of Russia can set the minimum and maximum allowable timeframe between the day of receipt Statements to receive a loan from the Bank of Russia and on the day of granting a loan from the Bank of Russia specified in this Application.
Information on the minimum and maximum allowable periods established by the Bank of Russia between the day the application for a loan is received by the Bank of Russia and the day the loan is granted by the Bank of Russia is published in the Bank of Russia Bulletin and / or on the official website of the Bank of Russia in the Internet ...
5.3. An application for a loan is subject to satisfaction if:
5.3.1. the bank is entitled to receive the corresponding type of loans from the Bank of Russia to the corresponding main account in accordance with the general loan agreement;
5.3.2. the parameters of the Loan Application comply with the conditions for the provision of loans by the Bank of Russia at a fixed interest rate;
5.3.3. on the day of consideration of the Application for a loan (at the time of granting a loan from the Bank of Russia) the right of the bank to receive loans from the Bank of Russia in accordance with the general loan agreement has not been suspended, and if the Application provides for the provision of a loan from the Bank of Russia secured by guarantees, the right of the bank to receive Bank of Russia loans secured by sureties of the respective guarantor bank;
5.3.4. on the day of consideration Statements to receive a loan The application is secured (at the time of granting a loan from the Bank of Russia, it is secured);
Information about changes:
Indication Bank of Russia No. 3113-U dated November 18, 2013, clause 5.3 was supplemented with subclause 5.3.5
5.3.5. The application for a loan was received by the Bank of Russia no later than the day specified in this Application as the day of granting a loan by the Bank of Russia, before the end of the time for accepting Applications for a loan, and the minimum and maximum periods between the day of receipt of the Application for a loan by the Bank were observed Of Russia and the day of granting a loan from the Bank of Russia, established by the Bank of Russia in accordance with paragraph 5.2 of this application.
5.3 (1). If the specified conditions are not met (or if the Bank of Russia subdivision that has accepted the Application for a loan receives information about their violation before the loan is granted in accordance with the Loan Application), the Bank of Russia subdivision sends the Bank a refusal to grant a loan from the Bank of Russia.
5.4. Statement for a loan, in which the bank proposes to use a pledge of assets as collateral for a loan from the Bank of Russia, is considered secured if the assets selected in accordance with clause 3.3 Appendix 1 to these Regulations is sufficient to fulfill the conditions for securing the corresponding loan from the Bank of Russia established by these Regulations. At the same time, bonds can be taken as collateral for a loan from the Bank of Russia only on the condition that on the day of repayment of the said loan, more than four working days remain before the expiration of the Power of Attorney.
Statement for a loan, in which the bank proposes to use bank guarantees as collateral for a loan from the Bank of Russia, is considered secured if the following conditions are met:
guarantor banks specified in The statement for a loan, meet the requirements established paragraph 3.2 (1) of these Regulations;
granting a loan from the Bank of Russia in accordance with Statement to obtain a loan will not violate the restrictions on the maximum total amount of the bank's obligations to repay Bank of Russia loans secured by guarantees, as a borrower and guarantor, as well as violate the restrictions on the maximum total amount of the obligations of guarantor banks to repay Bank of Russia loans secured by guarantees , as a borrower and guarantor;
to the Bank of Russia (to the subdivision of the Bank of Russia to which the bank sent Statement for a loan, unless otherwise agreed with the Bank of Russia) two copies of the surety agreement signed by the guarantor bank provided for Appendix 9 to this Regulation, as well as a power of attorney confirming the right of the person who signed the surety agreement to sign the said agreement, containing a sample signature of the person to whom the power of attorney was issued ( given power of attorney can be accepted without a sample of the signature of an authorized person, if a sample of his signature was previously submitted to the Bank of Russia (for example, in a card with sample signatures and seal imprints), as well as the total amount within which the guarantor banks are responsible for the bank's fulfillment of its obligations to repay the loan Of the Bank of Russia specified in these surety agreements is not less than the amount of the Bank of Russia loan requested by the bank in the Application for a loan.
5.5. The next business day after the grant of a loan at a fixed interest rate, the actions provided for paragraph 4.1 of this application. If the Bank of Russia loan is provided to a bank account of a bank opened with an authorized NSCO, the notification is sent to the authorized representative of the bank by the Bank of Russia subdivision at the location of the bank's correspondent account.
In addition, if a loan from the Bank of Russia is secured by guarantees of credit institutions, on the next business day after the provision of the said loan, the Bank of Russia shall send to each of the guarantor banks a surety agreement signed by the Bank of Russia, stipulated by Appendix 9 to these Regulations. If the said agreement is signed by an authorized person and the chief accountant on the part of the guarantor bank, then the surety agreement is signed by the Bank of Russia by an authorized person and the chief accountant.
Information about changes:
Indication Of the Bank of Russia dated March 4, 2013 N 2976-U, the annex was supplemented with clause 5.6
5.6. Not later than the first business day following the day the Bank of Russia provides a loan at a fixed interest rate, the Bank of Russia shall send to the Depository a depo order to transfer the bonds selected by the Bank of Russia as collateral for the specified loan from the section "Blocked by the Bank of Russia" of the bank's depo account with the Depository to the section of the bank's securities account with the Depository, intended for registering the pledge of bonds on loans at a fixed interest rate, provided in accordance with these Regulations.
6. Holding of credit auctions by the Bank of Russia.
6.1. Credit auctions are held on the basis of official announcements of the Bank of Russia published in the Bank of Russia Bulletin. This official communication contains information on the date and conditions of the credit auction.
6.2. Credit auctions can be conducted according to the "American" method (granting loans at interest rates specified in satisfied applications) or according to the "Dutch" method (granting loans based on satisfied applications at the cut-off rate established by the results of the credit auction).
6.3. On the day of the credit auction, the bank shall, before the time set by the Bank of Russia, send to the Bank of Russia an Application for participation in a credit auction (hereinafter referred to as the Application).
A paper application is made in accordance with Appendix 7 to these Regulations and is sent to the Bank of Russia subdivision authorized to accept Applications in hard copy, providing for the provision of a loan from the Bank of Russia to the bank's main account, to which, in accordance with the specified Application, the bank requests a loan from the Bank of Russia.
The application may be sent by the bank in electronic form to a subdivision of the Bank of Russia authorized to accept Applications in electronic form, in accordance with the exchange agreement concluded between the Bank of Russia and the bank. The specified Application must be signed electronic signature and contain the details, the list of which is established by the Bank of Russia and published in the Bank of Russia Bulletin and (or) on the official website of the Bank of Russia in the Internet.
Information about the Bank of Russia subdivisions authorized to accept Applications in hard copy or in electronic form is published in the Bank of Russia Bulletin and / or posted on the official website of the Bank of Russia in the Internet.
6.4. The Bank has the right to send one or several competitive Bids for participation in the credit auction, subject to satisfaction at the interest rates specified in them (if it is higher or equal to the cut-off rate announced by the Bank of Russia following the results of the credit auction), and one or several non-competitive Bids subject to satisfaction on the weighted average interest rate based on the results of the credit auction.
See the text of the paragraph in the previous edition
6.6. On the next business day after the credit auction, the Bank of Russia sends to banks whose Applications are not subject to satisfaction as a result of the credit auction, due to the recognition of the auction as invalid or due to the fact that interest rate, specified in the competitive Bid, is lower than the cut-off rate established by the results of the credit auction, the corresponding messages.
6.6.1. The territorial office of the Bank of Russia that has accepted the Application, by 10:00 am local time on the working day following the day of the credit auction, sends the respective messages to the banks whose Applications are not subject to satisfaction based on the results of the credit auction.
6.6.2. The grounds for refusal to satisfy the Application are:
recognition of the auction as invalid;
non-fulfillment at the beginning of the next business day after the credit auction of the conditions established subparagraphs 6.5.3 - 6.5.5 of paragraph 6.5 this application;
the interest rate indicated in the competitive Bid is lower than the cut-off rate set at the end of the credit auction.
6.6.3. The Bank of Russia shall have the right to partially satisfy competitive Bids, which indicate an interest rate equal to the cut-off rate established by the results of the credit auction, proportionally reducing the amount of the loan indicated in each of these Applications, taking into account the total amount of funds that the Bank of Russia intends to provide to banks for the results of the credit auction. If, following the results of the credit auction, several Bank Applications are satisfied, the Bank of Russia loans are provided in descending order of interest rates specified in the satisfied Bank Applications, and in case of equal interest rates, in the order of priority of the Bank's Applications being received by the Bank of Russia.
6.6.4. In accordance with the Applications satisfied by the results of the credit auction, the territorial branches of the Bank of Russia that have accepted the indicated Applications for participation in the credit auction provide loans to the Bank of Russia if the banks whose Applications are satisfied comply with the requirements of this Regulation and the conditions for collateralization of Bank of Russia loans established by this Regulation are met ...
6.6.5. If the Bank of Russia has the technical capability, the actions of the Bank of Russia specified in this paragraph related to the provision of loans by the Bank of Russia based on the results of the credit auction may be carried out on the day of the credit auction.
Information about changes:
Indication Bank of Russia No. 3113-U dated November 18, 2013, clause 6 was supplemented with clause 6.6 (1)
6.6 (1). On the day specified by the terms of the credit auction, as the day of granting the loan, the Bank of Russia grants loans to the Bank of Russia in accordance Applications satisfied by the results of the credit auction.
If, following the results of the credit auction, several Bank Applications are satisfied, the Bank of Russia loans are provided in descending order of interest rates at which the Bank’s Applications are satisfied, and if the interest rates at which the Bank’s Applications are satisfied are equal, in the order in which the Bank’s Applications are received by the Bank of Russia.
The Bank of Russia shall have the right to partially satisfy competitive Bids, which indicate an interest rate equal to the cut-off rate established by the results of the credit auction, by proportionally reducing the loan amount indicated in each of these Applications, taking into account the total amount of funds that the Bank of Russia intends to provide to banks for the results of the credit auction.
The Bank of Russia has the right to partially satisfy the Application if the value of the assets taken as collateral for the corresponding loan from the Bank of Russia, adjusted for correction factors, is insufficient to provide the specified loan in the amount specified in the Application. In this case, the Bank of Russia provides the bank with a loan in maximum amount, under which the conditions for the security of the specified loan are met.
If, at the time of granting a loan to the Bank of Russia, following the results of a credit auction, the bank's right to receive loans from the Bank of Russia is suspended in accordance with these Regulations, or the conditions for securing a loan from the Bank of Russia cannot be met, including if the Application is partially satisfied, the Bank of Russia shall send a refusal loan from the Bank of Russia.
6.7. No later than the next business day after the provision of loans by the Bank of Russia, based on the results of the credit auction, the actions established paragraph 5.5 of this application.
Information about changes:
Indication Of the Bank of Russia dated March 4, 2013 N 2976-U, the annex was supplemented with clause 6.8
6.8. Not later than the first business day following the day the Bank of Russia provides a loan based on the results of a credit auction, the Bank of Russia shall send to the Depository a depository order to transfer the bonds selected by the Bank of Russia as collateral for the specified loan from the section "Blocked by the Bank of Russia" of the bank's custody account with the Depository to the section of the bank's depo account with the Depository, intended for registering the pledge of bonds for loans provided as a result of a credit auction in accordance with these Regulations.
7. Repayment by borrowing banks of loans of the Bank of Russia within the period established by the Notice (requirement of the Bank of Russia on early repayment credit).
7.1. The Bank of Russia submits collection orders to be executed on the day of the due date for the fulfillment of obligations under loans from the Bank of Russia, for the amount of claims of the Bank of Russia on a loan from the Bank of Russia (for the payment of interest, for repayment of the loan) to the main account of the borrowing bank to which the corresponding loan was provided Bank of Russia.
If on the day of the fulfillment of the bank's obligations to the Bank of Russia specified in first paragraph of this clause, the corresponding main account of the Bank is closed or, in accordance with the regime of the said account, funds cannot be debited from it on the basis of collection orders of the Bank of Russia; the corresponding obligations of the Bank to the Bank of Russia are fulfilled by submitting collection orders by the Bank of Russia to correspondent account Bank opened at the Bank of Russia.
Information about changes:
Indication Of the Bank of Russia of November 18, 2013 N 3113-U, clause 7 was supplemented with clause 7.1 (1)
7.1 (1). The Bank of Russia may establish the minimum and maximum allowable periods between the day of receipt of the Bank's Notification of early loan repayment and the day of repayment of the Bank of Russia loan specified in this notification.
Information on the minimum and maximum allowable periods established by the Bank of Russia between the day of receipt of the Bank's Notification of early repayment of the loan and the day of repayment of the Bank of Russia loan specified in this notification is published in the Bank of Russia Bulletin and (or) on the official website of the Bank of Russia in the informational telecommunication network "Internet".
The bank's notification of the early repayment of the loan is subject to satisfaction, provided it is received by the Bank of Russia no later than the day specified in this notification as the day of repayment of the Bank of Russia loan, before the end of the acceptance time Statements to receive a loan, as well as if the minimum and maximum allowable periods are observed between the day of receipt of the Bank's Notice of early loan repayment and the day of repayment of the Bank of Russia loan specified in this notice, established by the Bank of Russia in accordance with this clause.
Information about changes:
Indication Of the Bank of Russia dated March 4, 2013 N 2976-U, the annex was supplemented with clause 7.2
7.2. If the bonds were pledged on a loan from the Bank of Russia, no later than the first business day following the day the bank properly fulfilled its obligations under the relevant loan from the Bank of Russia, the Bank of Russia sends to the Depository a depo order to transfer the bonds that were pledged under the loan of the Bank of Russia to section "Blocked by the Bank of Russia" of the bank's depo account in the Depository or to the main section of the said depo account, if it was indicated in the Bank's Application for a loan or Application, or if the said bonds do not meet the conditions for their inclusion in the assets accepted as collateral for Bank loans Russia established paragraph 3.10.1 of this application.
8. Carrying out operations in the event of non-fulfillment (improper fulfillment) by the bank of its obligations to repay the loan from the Bank of Russia.
8.1. In the event of non-fulfillment (improper fulfillment) by the borrowing bank of its obligations to repay the principal amount of the loan from the Bank of Russia and (or) to pay interest on it, the Bank of Russia no later than the first business day following the day when the borrowing bank's obligations are to be fulfilled, begins to fulfill actions foreseen sub-clause 5.4.8 of clause 5.4 of the general loan agreement, including in the event of a decision to sell bonds pledged under a loan from the Bank of Russia, sends to the Depository a custody order to transfer bonds from the section of the bank's custody account with the Depository intended for registering the pledge of bonds under the corresponding loan from the Bank of Russia, to the section intended for the sale of bonds pledged for loans from the Bank of Russia.
If, as a result of the above actions, the claims of the Bank of Russia subject to satisfaction are fully satisfied, the Bank of Russia, no later than the business day following the day of full repayment of the claims of the Bank of Russia:
ceases to take actions aimed at repaying the bank's obligations under a loan from the Bank of Russia, including foreclosure on collateral;
transfers by payment order the amounts of monetary funds that were excessively received to meet the claims of the Bank of Russia, as well as interest accrued on the indicated amounts in the manner prescribed by the agreement for the provision of a loan from the Bank of Russia to the correspondent account (correspondent subaccounts) of the borrowing bank;
sends a notification to the borrowing bank:
on full satisfaction of the requirements of the Bank of Russia under the agreement on the provision of a loan from the Bank of Russia
on the composition of assets sold that were pledged under a loan from the Bank of Russia;
sends to the Depository a depo order to transfer bonds that were pledged under a loan from the Bank of Russia, on which no collection was levied, to the section "Blocked by the Bank of Russia" of the bank's depo account with the Depository or to the main section of the said securities account, if the transfer of bonds to the main section of the specified securities account was provided for in the Bank's Application for a loan or Application, or if the said bonds do not meet the conditions for their inclusion in the assets accepted as collateral for Bank of Russia loans established paragraph 3.10.1 of this application.
______________________________* The performance of certain actions provided for in this Appendix may be assigned to an authorized subdivision of the Bank of Russia on the basis of an act of the Bank of Russia.
which banking professionals often use in their speech
date of publication: 04/26/2013
update date: 10.04.2019
Bankers are very well aware of the regulations that govern their activities. These documents are re-read in the bank many times, depending on the complexity of the operations being carried out and the appearance of new ones. Moreover, in Russia laws, instructions and regulations are constantly undergoing changes, often very significant, and you have to re-read the documents. And the numbers of these documents are quickly remembered. Behind these numbers is a whole era of development of banking in Russia and a huge amount of knowledge that regulates the entire spectrum banking operations.
In this regard, in order to reduce in your speech the mention of any normative act bank employees they call only the number of the document, without using either its name, or about anything it... Dedicated specialists absolutely understand what it is, and what it is, and why it was mentioned.
To introduce the uninitiated into banking, ProfBanking publishes a list of the main documents regulating banking activities and gives a brief annotation to each regulatory act.
If you want to see all banking documents and their texts, go to the banking library.
The main regulations governing banking:
395-1 - main the federal law about banks and banking activities, gives the concept of “ credit organisation"," Bank "," non-bank credit organization "," banking group "," bank holding "," banking operations "," deposit "," depositor ", sets the minimum authorized capital jar, qualification requirements to the heads of the bank, contains regulations on the registration of credit institutions and their licensing, as well as grounds for revoking a license from a bank, especially the reorganization and liquidation of banks. This law, of course, should be known to every bank employee.
Federal Law No. 395-1 of 02.12.1990 "On Banks and Banking Activities"
86-FZ- the law on The central bank Of the Russian Federation, establishes the functions of the Central Bank of the Russian Federation, describes the governing bodies of the Bank of Russia, the reporting requirements of the Bank of Russia, determines monetary unit Russia, basic tools and methods monetary policy, the right of the Central Bank of the Russian Federation to carry out certain operations, and also concerns the norms of banking regulation and banking supervision. Every bank employee should know this law.
Official details of the regulation:
Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)"
579-P- Chart of accounts accounting in the bank and the rules for reflecting transactions in the bank's accounting (until April 03, 2017, Regulation No. 385-P was applied, but it was canceled).
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 579-P dated February 27, 2017 "On Chart of accounts of accounting for credit institutions and the procedure for its application »
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153-I- the most important document on the rules for opening and closing all types of bank accounts opened by individuals, legal entities, entrepreneurs: current, settlement, correspondent and other accounts. The instruction also applies to accounts for accounting of deposits (deposits) and deposit accounts of ships, service units bailiffs, law enforcement and notaries. The instruction contains a list of documents required for opening each account, requirements for conducting a client's legal case, drawing up a card with sample signatures and a seal imprint.
Official details of the regulation:
Instruction of the Central Bank of the Russian Federation No. 153-I dated May 30, 2014 "On opening and closing bank accounts, deposit accounts, deposit accounts"
161-FZ- the law on national payment system... This law is a new round in the development of the settlement system in the Russian Federation. It establishes the legal and organizational framework of the national payment system, regulates the procedure for the provision of payment services, including the implementation of the transfer of funds, the use of electronic means of payment, the activities of the subjects of the national payment system, and also determines the requirements for the organization and operation of payment systems, the procedure for exercising supervision and observations in the national payment system.
Official details of the regulation:
Federal Law No. 161-FZ of June 27, 2011 "On the National Payment System"
383-P- Regulation of the Central Bank of the Russian Federation, establishing the rules for the transfer of funds by credit institutions in Russian rubles through bank accounts and without opening bank accounts. Regulation No. 383-P was developed on the basis of Law 161-FZ "On the National Payment System" and establishes the following forms of non-cash payments: settlements by payment orders; by letter of credit; collection orders; by checks; direct debit; in the form of an electronic money transfer.
Money transfers can be executed by orders in the form of: payment order, collection order, payment request, payment order. The forms of these documents are given in the annexes to Regulation 383-P.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 383-P dated June 19, 2012 "On the rules for transferring funds"
180-I- one of the most important Instructions of the Central Bank of the Russian Federation, establishing the methodology for calculating the mandatory ratios of banks. The instruction sets 12 mandatory standards, each of which must be observed by the bank on a daily basis (until July 28, 2017, Instruction No. 139-I was applied, but it was canceled).
Official details of the regulation:
Instruction of the Central Bank of the Russian Federation No. 180-I of June 28, 2017 "On mandatory bank ratios"
595-P- Regulation that regulates the rules for participants in the payment system of the Bank of Russia (PS BR). In addition, Regulation 595-P introduced a new structure of the BIK and the procedure for its assignment, but for existing banks the BIK remains the same.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 595-P dated 06.07.2017 "On the payment system of the Bank of Russia"
507-P- regulations on the FOR (FOR - required reserves fund): how to calculate the amount of required reserves, the procedure for regulating the FOR, the procedure for compiling and submitting to the Bank of Russia the calculation of required reserves.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 507-P dated 01.12.2015 "On the obligatory reserves of credit institutions"
590-P- one of the most important and complex regulations of the Bank of Russia; establishes the procedure for classifying loans by quality categories, taking into account financial situation the borrower and the quality of debt servicing, determines the boundaries of the calculated reserve as a percentage of the principal amount, the features of the formation of the reserve for loans on portfolios of homogeneous loans, the procedure for writing off the bank bad debt on loans. Required document for working with loans, discounted bills, securities for transactions with deferred payment or delivery, factoring requirements (until July 14, 2017, Regulation No. 254-P was applied, but it was canceled)
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 590-P of June 28, 2017 "Regulation on the procedure for the formation by credit institutions of reserves for possible losses on loans, on loan and equivalent debts"
611-P- a document on the classification of other (not related to loans under 590-P) elements of the calculation base in order to form a reserve for possible losses.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 611-P dated October 23, 2017 "On the procedure for the formation of reserves for possible losses by credit institutions"
4927-U- did you know that each commercial Bank provides the Bank of Russia with several dozen different reports on its activities on a quarterly, monthly, ten-day, daily basis? This document establishes reporting forms for credit institutions. Very voluminous normative act... Contains not only the forms of reports, but also the procedure for the preparation and presentation of each report.
Official details of the regulation:
Bank of Russia Ordinance No. 4927-U of 08.10.2018 "On the List, Forms and Procedure for Compiling and Submitting Reporting Forms for Credit Institutions to the Central Bank of the Russian Federation"
646-P- establishes a methodology for determining the amount of a bank's capital, taking into account international approaches to increasing the stability of the banking sector (Basel III). The amount of equity (capital), determined in accordance with Regulation 646-P, is used to determine the values of mandatory ratios, as well as in other cases when in order to determine the value of prudential standards of activity, the indicator of the credit institution's equity is used.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 646-P dated 04.07.2018 "On the Methodology for Determining Equity (Capital) of Credit Institutions (" BASEL III ")"
178-I- sets the size (limits) of open foreign exchange positions, the methodology for calculating them, and the specifics of supervising their observance.
Official details of the regulation:
Bank of Russia Instruction No. 178-I of December 28, 2016 "On setting the size (limits) of open foreign exchange positions, the methodology for calculating them and the specifics of supervising their observance by credit institutions"
148-I- a regulatory act concerning issues of issuing shares and bonds commercial banks, preparation of a prospectus of securities, registration of securities issue by banks.
Official details of the regulation:
Instruction of the Central Bank of the Russian Federation No. 148-I of December 27, 2013 "On the Procedure for Issuing Securities of Credit Institutions in the Territory of the Russian Federation"
135-I- a large and complex regulatory act concerning issues state registration banks and issuing licenses to them. This document is well known to the bank's legal service and the bank's management. Describes all types banking licenses, General requirements to the founders of the bank, to the list of documents submitted to the Central Bank of the Russian Federation for obtaining licenses, to the opening and closing of branches by banks, to the reorganization of the bank.
Official details of the regulation:
Instruction of the Central Bank of the Russian Federation No. 135-I of 02.04.2010 "On the procedure for the Bank of Russia to make a decision on the state registration of credit institutions and the issuance of licenses for banking operations"
242-P- a document on internal control in the bank, what is the need for an internal control system in the bank, how to organize it.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 242-P dated 16.12.2003 "Regulation on the organization of internal control in credit institutions and banking groups"
115-FZ- federal law aimed at creating a mechanism for combating money laundering and terrorist financing. To the unusual functions that banks have, this law added one more - the function of mandatory control over suspicious transactions with the obligation to submit information about them to Rosfinmonitoring. Since the adoption of the law in 2001, a lot has changed in the work of banks: full-fledged internal services have appeared, dealing only with issues of countering legalization, voluminous internal documents of the bank on countering legalization have been written, questionnaires have been developed for clients, for beneficiaries, special software systems and communication channels have been introduced ...
Official details of the regulation:
Federal Law No. 115-FZ of 08/07/2001 "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism"
499-P- this is the procedure for identifying customers in order to comply with the provisions of Law 115-FZ.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 499-P 10/15/2015 "On the identification by credit institutions of customers, customer representatives, beneficiaries and beneficial owners in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism"
39-FZ- the main regulatory act on the securities market and activities professional participants the securities market; the law establishes the concepts of "equity security", "share", "bond", "issuer option", "issuer", "registered equity securities"," Documentary form "," non-documentary form "," state registration number of the issue "," public offering of securities "," listing of securities "," brokerage activities "," dealer activities "," securities management activities ", "Depository activities" and others.
Official details of the regulation:
Federal Law No. 39-FZ of 22.04.1996 "On the Securities Market"
Geneva Convention or (Bill of Exchange)- an international normative act, concluded in Geneva in 1930, which entered into force for the USSR in 1937 and extends to Russia by succession. Refers to special bill of exchange legislation and establishes uniform norms and requirements for the registration of bills and circulation of bills for states that have acceded to the Convention. Despite the fact that promissory notes in Russia are regulated not so much by the Geneva Conventions as by the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR No. 104/1341 dated August 7, 1937 promissory note”, Practically repeating the norms of the Geneva Convention, to work with bills of exchange, you must know both documents very well.
Official details of the regulation:
645-P- rules for the issuance and execution of certificates of deposit and savings by banks, also includes the requirement for mandatory registration of the conditions for issuing savings and certificates of deposit of credit institutions with the Bank of Russia.
Official details of the regulation:
Regulation of the Bank of Russia dated 03.07.2018 No. 645-P "On savings and deposit certificates of credit institutions"
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173-FZ- the law on the monetary policy of Russia, introduces the concepts of "domestic securities", "foreign securities", "residents", "non-residents", " currency operations"And enshrines the basic principle of foreign exchange legislation:" everything is prohibited, except what is expressly permitted. " This law is very important for banks, since banks are entrusted with the function of agents of foreign exchange control.
Official details of the regulation:
Federal Law No. 173-FZ of December 10, 2003 "On Currency Regulation and Currency Control"
177-FZ- the law on insurance of deposits in banks, defines the basic principles of insurance of deposits, participants in the insurance system, which deposits are insured, an insured event, the amount of compensation for deposits in a bank, the competence of the Deposit Insurance Agency, requirements for banks participating in the deposit insurance system, the procedure for calculating and payment by banks of insurance premiums to the Agency's account with the Bank of Russia.
Official details of the regulation:
Federal Law No. 177-FZ of 23.12.2003 "On Insurance of Deposits in Banks of the Russian Federation"
630-P- determines the order of maintenance cash transactions banks with cash rubles in the implementation of banking operations and other transactions, the procedure for dealing with questionable solvency banknotes Bank of Russia, insolvent banknotes of the Bank of Russia, the presence of signs of counterfeiting which does not raise doubts among the cashier of a credit institution, and also establishes the rules for storage, transportation and collection of cash in credit institutions in the territory of the Russian Federation.
Official details of the regulation:
Bank of Russia Regulation No. 630-P dated January 29, 2018 "On the procedure for conducting cash transactions and the rules for storing, transporting and collecting banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation"
See the texts of the current regulations
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2054-U- establishes the procedure for conducting cash transactions in authorized banks with banknotes of foreign states.
Official details of the regulation:
Ordinance of the Central Bank of the Russian Federation No. 2054-U dated August 14, 2008 "On the procedure for conducting cash transactions with foreign currency in cash in authorized banks on the territory of the Russian Federation"
266-P- establishes the procedure for issuance on the territory of the Russian Federation bank cards credit institutions and the specifics of carrying out transactions with payment cards, the issuer of which may be a credit institution, foreign bank or a foreign organization.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 266-P dated 24.12.2004 "On the issue of payment cards and on transactions performed with their use"
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