Bank regulations on servicing a client’s account. foreign currency through the Bank's operating cash desks
The business processes and management system of a modern bank are so complex that they can’t do without mandatory documentation. Each organization develops its own set of internal regulations, nevertheless, such as a regulation on organizational structure, departments, job descriptions of specialists, credit policy, bank risk management policy, interest rate policy, internal control rules in order to counter the legalization (laundering) of income received ", and the financing of terrorism, an information security policy relevant to most banks.
The main task of internal regulatory documents is to increase the manageability and control of organizational, technological and accounting processes and to prevent non-compliance with regulatory requirements, as well as incorrect, unacceptable or even dangerous for the bank actions by employees. Internal regulatory documents are approved by the head of the credit organization and are binding on all bank employees.
Let us dwell in more detail on the description of the most important of internal documents (such accounting regulations as accounting policies, 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 forms of internal bank regulations, and each of them solves this problem for itself, without coordinating the accepted form with similar ones that already exist.
Related topics Regulations and documents:
- 2.5. Rules of interaction of participants in the investment process in the formation of the investment program
1. Opening hours of the structural units of the Bankduring which the acceptance of settlement documents of clients for their execution by the Bank is made, it is established:
For the currency department of the Head Office: from 9 hours to 16 hours 30 minutes with a lunch break from 13 hours 00 minutes to 14 hours 00 minutes;
For additional and operational offices of the Bank: in accordance with the operating day regime of each internal structural unit.
from 09.00 to 11.00 hours
Sale by the Bank at the expense of its own funds of foreign currency to the client
from 09.00 to 15.30 hours
Sale of foreign currency, including compulsory sale, in cases provided for by the currency legislation, on the interbank currency exchange on behalf of the client
from 09.00 to 11.00 hours
The Bank purchases, at its own expense in Russian rubles, foreign currency from a customer
from 09.00 to 15.30 hours
from 09.00 to 15.30 hours
4. Features of the issuance of cash in
foreign currency through the Bank's operating cash desks
4.1. Cash withdrawal, disaggregated by banknotes available to the Bank at the time cash foreign currency is issued, is made at the set opening hours of the Bank's operating cash desks in the following order: 4.1.1. For amounts to be disbursed and not exceeding US $ 00 or Euro, the funds shall be disbursed on the current banking day without prior notice from the client; 4.1.2. For amounts to be paid and in excess of 00 US dollars or euros, as well as in relation to any amount in freely convertible currency other than US dollars or euros, funds shall be issued on the next banking day provided that the application is submitted to the Bank before 11- 00 hours of the day preceding receipt of funds at the Bank's operating cash desk. The specified Application for cash in foreign currency can be made by the client both in writing and transmitted by phone. The phone number for accepting Applications at the Ellipse Bank Head Office is set as follows:. |
5. Other terms of service
5.1. Payment for the Bank’s services in settlement and cash services for the Bank’s customers 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 transaction, the provision of the service, unless otherwise expressly provided for in the provisions of certain points of these Tariffs.
The provision of services by the Bank, the execution of operations on behalf of the client shall be paid by the client in the amount and in the currency established by these Tariffs. In case of insufficient funds in the Client's account in the currency in which this or that operation was performed, one or another service was provided, payment for Bank operations on behalf of a client or the provision of services by the Bank are charged by the Bank in Russian rubles due to the cash balance in the client’s current account in Russian rubles, or in a foreign currency other than the mouth currency the commission fee (fixed payment for the Bank’s services) specified in these Rates from another Client Account at Ellipse Bank in the equivalent converted using the exchange rate of the commission fee (payment for the Bank’s services) to the Russian ruble or using the cross rate of the corresponding foreign currencies at official quotations of the Central Bank of the Russian Federation, valid on the day of collection.
5.2. Commissions and expenses of correspondent banks are subject to compensation by the client in cases provided for by the Bank for certain operations, no later than the business day following the day of receipt by the Bank of a corresponding notice from the correspondent bank in the same currency in which the transaction was performed. In case of insufficient funds in the Client's account in the currency in which a particular operation was performed, commissions and expenses of correspondent banks are subject to compensation either in Russian rubles due to the cash balance in the client's current account in Russian rubles, or in a foreign currency that is different from the currency of withheld commissions or expenses of the correspondent bank, subject to compensation, from another Client Account at Ellipse Bank in the equivalent converted using the exchange rate of the commissions of correspondent banks to r Russian ruble or using the cross-rate of relevant foreign currencies at official quotations of the Central Bank of the Russian Federation, valid on the day of claiming compensation for commissions and expenses of correspondent banks.
5.3. In the absence of customer accounts in foreign currency at Ellipse 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 the operation foreign currency transfer is charged by the Bank in Russian rubles in an unchallenged manner no later than the business day following the day of the provision of the service (transaction) at the expense of funds in the client’s current account cient in Russian rubles at the rate established by the present tariffs, on the basis of equivalent calculated at the exchange rate, which is set fee for services of the Bank, the Russian ruble as quoted by the Russian Central Bank, acting on the date of payment.
5.4. In the absence of the Client’s foreign currency accounts with Ellipse Bank, payment by the Bank for the transfer of funds in foreign currency provided by the Bank as a loan to the client’s account in another bank on his behalf will be charged by the Bank in Russian rubles without payment order no later than the working day following the day of the foreign currency transfer transaction, at the expense of funds in the client’s current account in Russian rubles in the amount established by these Rates, based on the equivalent, recalculated using the exchange rate at which the payment due to the Bank is established to the Russian ruble at the quotation of the Central Bank of the Russian Federation, effective on the day of payment.
5.5. In the event of cancellation or revocation of a payment document received by the Bank, the amount recovered as payment for the Bank's services, as well as the amount recovered as a reimbursement to the Bank of the commissions and expenses of correspondent banks, shall not be refunded.
5.6. When transferring funds received after closing the Account, payment for the Bank to carry out the corresponding operation is withheld on the day of transfer.
5.7. In the case of a refund of money from a transfer due to incomplete or unclear instructions and provided that the reason for such a return is not the Bank’s erroneous actions, the amount recovered as payment for the Bank to perform the named operation is not refundable.
5.8. All commissions and expenses of correspondent banks that the Bank bears in the execution of customer orders related to operations on the latter's Account with Ellipse Bank are compensated by the customer at their actual cost for each operation in cases expressly provided for by the provisions of certain points of these Tariffs.
5.9. These Rates apply to standard banking operations and services. At the same time, the Bank may, on the basis of a separate agreement with the client, provide additional types of services on a paid basis that are not provided for in these Tariffs, as well as change the tariff rate for a single operation by agreement with the client.
The rates of these Tariffs apply only to those operations and services that are carried out in the usual manner for banking practice. If the Bank conducting a particular operation or rendering a service on behalf of a client requires additional costs or additional work, the Bank reserves the right to charge an additional commission, which the client will be notified in advance of.
5.10. The Bank has the right to unilaterally amend, supplement or cancel these Tariffs. The Bank’s tariffs in the new edition (with amendments and additions) within the period established by the bank account agreement in foreign currency between the credit institution and the 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 , as well as exhibited in the premises of the Bank to work with clients.
5.11. The Bank is not liable for untimely notification of customers about changes in these Tariffs in the event that the need for such changes was caused by the requirements of regulatory acts of the Bank of Russia or other regulatory bodies.
For each main account (except for the correspondent account of the bank opened with the Bank of Russia), for which the bank provides for the possibility of obtaining intraday loans and overnight loans submitted to the Bank of Russia, the bank at the same time as the general loan agreement copies to the Bank of Russia copies of the concluded agreements (supplementary agreements to agreements) of the bank account containing the condition provided for subclause 2.2.1 of Clause 2.2 of these Regulations.
If the general loan agreement provides for the provision of intraday loans and overnight credits to the bank's correspondent account opened with the Bank of Russia, the bank shall submit two copies of the supplementary agreement signed on its part to the correspondent account agreement containing the condition stipulated by subclause 2.2.1 of Clause 2.2 of these Regulations, if the correspondent account agreement does not contain the specified condition.
1.5. If within the established paragraph 1.3 of this annex to the deadline, the bank did not submit to the Bank of Russia the documents specified in clauses 1.3, 1.4 of this appendix, the Bank of Russia sends a message to the bank about the refusal to conclude a general loan agreement. The Bank is entitled at any time to resubmit the application for the conclusion of a general loan agreement.
Not later than 3 business days from the date of receipt of the documents specified in paragraph 1.3 , 1.4 of this appendix, in case of completeness and correctness of their design, as well as subject to the bank meeting the criteria established subparagraphs 2.1.1-2.1.3 of paragraph 2.1 of these Regulations, the Bank of Russia transfers to the bank against receipt signed by the Bank of Russia a copy of the general loan agreement and a copy of the supplementary agreement to the bank's correspondent account agreement (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 shall notify the bank of the suspension of the signing of the general loan agreement until the errors are corrected. If the bank has not corrected these errors within 10 business days from the date of the notification, the Bank of Russia sends a message to the bank about the 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 enter into a general loan agreement has the right to re-submit a request for a general loan agreement to the Bank of Russia on any working day. The question of the need for the bank to re-submit documents previously submitted by the bank to the Bank of Russia in the course of the incomplete procedure for concluding a general loan agreement is agreed by the bank with the Bank of Russia.
2. Amendments to the general loan agreement and its termination.
2.1. On any business day during the term of the general loan agreement, the bank is entitled to apply to the Bank of Russia branch at the place of conclusion of the general loan agreement with a request (in any written form) to amend the general loan agreement in terms of conditions that can be changed. The bank’s proposal to change the amounts of credit limits specified in the general loan agreement should be justified.
The application for amendments to the general loan agreement, providing for the inclusion in the said agreement of the provisions necessary for the bank to obtain Bank of Russia loans secured by bonds, in accordance with this Regulation, the documents specified in paragraph three and seventh of paragraph 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 at the Bank of Russia.
2.2. The bank's application for amendments to 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 has initiated the termination of the general loan agreement, or if the amendments to the general loan agreement proposed by the bank contradict this Regulation . Without explaining the reasons, the bank's application for amending the general loan agreement regarding the change in lending limits may be rejected. In case of rejection of the bank's application for an increase in lending limits, 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 invite the bank to redistribute the indicated amount between the bank’s main accounts. 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 credit limits in compliance with the maximum total amount of credit limits specified in the Bank of Russia message.
The application for amendments to the general loan agreement, providing for the inclusion in the said agreement of the provisions necessary for the bank to obtain Bank of Russia loans secured by bonds in accordance with this Regulation, except for the cases specified in the first paragraph of this paragraph, is rejected if it is not attached documents specified in paragraph three and seventh of paragraph 1.1 (1) of this appendix, unless, in agreement with the Bank of Russia, the bank may not submit these documents to the Bank of Russia.
2.3. Not later than 15 working days from the date of acceptance of the bank's application for amendments to the general loan agreement, the Bank of Russia branch, which accepted the bank's application for amendments to the general loan agreement, shall send to the bank a message in arbitrary written form regarding the rejection of the specified application or consent to conclude the corresponding supplementary agreement. If the Bank of Russia agrees to a change in the credit limit specified in the general loan agreement, a notification is sent to the bank on the establishment of a new credit limit.
The decision of the Bank of Russia at the bank’s request to exclude the main accounts from the general loan agreement and (or) to reduce lending limits established by the general loan agreement, in the absence of grounds for rejecting the specified application, is suspended until the following conditions are met:
the bank’s right to receive Bank of Russia loans to the corresponding main accounts has been suspended;
there is no outstanding bank debt on Bank of Russia loans granted to the corresponding main account (in the case of a bank application 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 also indicates 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 Bank of Russia loans provided in accordance with this Regulation, the list of details required by the Bank shall be included in the message on the Bank of Russia’s consent to amend the general loan agreement Russia for depository transfers carried out during operations in accordance with this Regulation, to be included in additional e agreement to the General Loan Agreement.
2.4. Not later than 10 working days from the date of receipt of the notice 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 supplementary agreement signed by an authorized official of the bank.
The supplementary agreement to the general loan agreement regarding amendments to the composition of the main accounts indicated in the general loan agreement should provide for its entry into force on the second business day after its conclusion.
If the application for amendments to the general loan agreement contained information about the intention to use bonds as collateral for Bank of Russia loans provided in accordance with this Regulation, the supplementary agreement to the general loan agreement submitted by the bank for signing with the Bank of Russia shall include data similar to the data specified in paragraph three and fourth paragraph 1.3 of this annex, in compliance with the requirements established paragraph five and sixth paragraph 1.3 of this application.
No later than three business days after receipt of correctly executed documents, the Bank of Russia signs two copies Agreement and transfers the second copy of the Agreement against receipt to the representative of the bank - a potential guarantor.
4. Registration of the provision by the Bank of Russia of overnight loans to borrowing banks.
4.1. The next business day after the Bank of Russia provides an overnight loan, the following actions are carried out.
An authorized employee of a branch of the Bank of Russia, in which the corresponding main account of the borrowing bank is opened, issues an notification to the authorized employee of the borrowing bank in the established manner. 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 the transfer of the Notice is recorded by the Bank of Russia division in a journal, which indicates the date and time of the transfer of the Notice, the name of the borrowing bank, the name, surname, name and patronymic of the authorized employee of the borrowing bank, the details of the identity card presented to them. In the specified journal, the named authorized employee of the borrowing bank signs the receipt of the Notice.
If it is not possible to transmit the Notification to the authorized employee of the borrowing bank within the prescribed period, the Bank of Russia has the right to send the Notice to the borrowing bank by registered mail with a notification of delivery.
Change Information:
Indication Bank of Russia dated March 4, 2013 N 2976-U supplemented by paragraph 4.2
4.2. Not later than the first business day following the day the Bank of Russia grants an overnight loan, the Bank of Russia sends a deposit order to the Depository for the transfer of bonds selected by the Bank of Russia as a pledge for the specified loan overnight from the "Bank of Russia Blocked" section of the bank's deposit account in the Depository to the section bank deposit accounts with the Depository, intended for registration of pledge of bonds on overnight loans granted in accordance with this Regulation.
5. Bank of Russia loans to banks at a fixed interest rate.
5.1. To receive a loan at a fixed interest rate, the bank sends an application for a loan of the Bank of Russia at a fixed interest rate to the Bank of Russia (hereinafter - the Application for a loan).
The application for a loan on paper is made out in accordance with annex 6 to these Regulations and is sent to the Bank of Russia unit authorized to accept Applications for a paper loan, providing for a loan from the Bank of Russia to the bank’s main account, to which, in accordance with the said application, the bank requests a loan from the Bank of Russia.
An application for a loan can be sent by the bank in electronic form to a branch of the Bank of Russia authorized to accept applications for a loan in electronic form in accordance with an exchange agreement concluded between the Bank of Russia and the bank. The specified statement must be signed. electronic signature
Information on Bank of Russia divisions authorized to accept applications for a loan in paper or electronic form is published in the Bank of Russia Bulletin and / or posted on the Bank of Russia official website in the Internet telecommunication network.
5.2. The Bank of Russia may establish minimum and maximum allowable periods between the day of receipt Statements to receive a loan from the Bank of Russia and on the day of granting a loan to the Bank of Russia specified in this Application.
Information on the minimum and maximum permissible periods established by the Bank of Russia between the day of receipt of the Application for a loan from the Bank of Russia and the day the Bank of Russia is granted is published in the Bank of Russia Bulletin and (or) on the Bank of Russia official website in the Internet information and telecommunications network .
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. loan application parameters correspond to the conditions for the Bank of Russia to provide loans 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 to the Bank of Russia), the right of the bank to receive loans from the Bank of Russia in accordance with the general loan agreement was not suspended, and if the Application provides for a loan from the Bank of Russia secured by sureties, the right of the bank to receive Bank of Russia loans secured by guarantees of the respective guaranteeing bank;
5.3.4. on the day of consideration Statements for obtaining a loan, the Application is secured (at the time of granting a loan to the Bank of Russia it is secured);
Change Information:
Indication Bank of Russia dated November 18, 2013 N 3113-У clause 5.3 is supplemented by subclause 5.3.5
5.3.5. An 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 to the Bank of Russia, before the deadline for accepting applications for a loan, and the minimum and maximum time limits were observed between the day the application for a loan was received by the Bank Of Russia and the day of granting a loan to the Bank of Russia, established by the Bank of Russia in accordance with paragraph 5.2 of this application.
5.3 (1). If these conditions are not met (or when the Bank of Russia branch that has accepted the Loan Application receives information about violation thereof before the loan was granted in accordance with the Loan Application), the Bank of Russia unit will send the Bank a refusal to provide a Bank of Russia loan.
5.4. Statement for obtaining a loan in which the bank proposes to use a pledge of assets as collateral for a loan from the Bank of Russia, it is considered secured if assets selected in accordance with paragraph 3.3 Attachments 1 to this Regulation are sufficient to fulfill the security conditions for the respective Bank of Russia loan established by this Regulation. At the same time, bonds can be selected as collateral for a loan from the Bank of Russia only on the condition that on the day of repayment of the specified loan more than four business days remain before the expiration of the Power of Attorney.
Statement for obtaining a loan in which the bank proposes to use bank guarantees as collateral for a loan from the Bank of Russia, it is considered secured subject to the following conditions:
guarantee banks indicated in Statement to obtain a loan, meet the requirements established paragraph 3.2 (1) of these Regulations;
granting a loan to 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 sureties as a borrower and guarantor, as well as violate the restrictions on the maximum total amount of bank guarantee obligations to repay Bank of Russia loans secured by sureties , as a borrower and guarantor;
to the Bank of Russia (to the Bank of Russia unit to which the bank sent Statement for obtaining a loan, unless otherwise agreed with the Bank of Russia) two copies of the guarantee agreement signed by the guaranteeing bank provided for by the bank are provided annex 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 specified agreement, containing a sample of the signature of the person to whom the power of attorney was issued (this power of attorney can be accepted without the signature of the authorized person, if the signature was previously submitted to the Bank of Russia (for example, in a card with specimen signatures and seal imprint), as well as the total amount within which the guaranteeing banks are responsible for the fulfillment by the bank of its obligations to repay the Bank of Russia loan and, specified in these surety agreements, not less than the amount of the Bank of Russia loan requested by the bank in the Application for a loan.
5.5. On the next business day after the loan is granted at a fixed interest rate, the actions provided for paragraph 4.1 of this application. If a Bank of Russia loan is granted to a bank account of a bank opened with an authorized RNCO, the transfer to the authorized representative of the Bank of Notification is carried out by the Bank of Russia unit at the location of the bank's correspondent account.
In addition, if the Bank of Russia loan is secured by guarantees of credit organizations, on the next business day after the loan is granted, the Bank of Russia will send to each of the guarantee banks a guarantee agreement signed by the Bank of Russia, as provided for annex 9 to this Regulation. If the specified agreement is signed by the guarantor bank by an authorized person and the chief accountant, then the surety agreement is signed by the Bank of Russia by the authorized person and the chief accountant.
Change Information:
Indication Bank of Russia dated March 4, 2013 N 2976-U supplemented by paragraph 5.6
5.6. No 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 sends a deposit order to the Depository for the transfer of bonds selected by the Bank of Russia as a pledge for the specified loan from the Bank of Russia Blocked section of the bank deposit account in the Depository to the section of the bank's custody account with the Depository, intended for registration of a pledge of bonds on loans at a fixed interest rate provided in accordance with this Regulation.
6. Bank of Russia conducting credit auctions.
6.1. Credit auctions are held on the basis of Bank of Russia official announcements published in the Bank of Russia Bulletin. The specified official message contains information about 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 indicated in satisfied applications) or according to the "Dutch" method (providing loans at satisfied applications at a cut-off rate based on the results of a credit auction).
6.3. On the day of the credit auction, the bank, before the time set by the Bank of Russia, sends the Application for participation in the credit auction to the Bank of Russia (hereinafter referred to as the Application).
The application on paper is executed in accordance with annex 7 to these Regulations and sent to the Bank of Russia unit authorized to accept Applications on paper, providing for a loan from the Bank of Russia to the bank account for which, in accordance with the said Application, the bank requests a loan from the Bank of Russia.
An application may be sent by the bank in electronic form to a Bank of Russia unit authorized to accept applications in electronic form in accordance with an exchange agreement concluded between the Bank of Russia and the bank. The specified application must be signed. electronic signature and contain details, the list of which is established by the Bank of Russia and published in the Bulletin of the Bank of Russia and (or) on the official website of the Bank of Russia in the information and telecommunication network "Internet".
Information on Bank of Russia divisions authorized to accept Applications on paper or in electronic form is published in the Bank of Russia Bulletin and / or posted on the Bank of Russia official website in the Internet telecommunication network.
6.4. The Bank is entitled to send one or more competitive Applications to participate in the credit auction, subject to satisfaction at the interest rates indicated therein (if it is higher than or equal to the cut-off rate announced by the Bank of Russia at the end of the credit auction), and one or more non-competitive Applications to be satisfied by The weighted average interest rate established at the end 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 based on the results of the credit auction, because the auction was declared invalid or because the interest rate specified in the competitive application is lower than the cut-off rate established by the results credit auction, relevant messages.
6.6.1. The Bank of Russia territorial institution that has accepted the Application, shall send to the banks, whose applications are not subject to satisfaction based on the results of the credit auction, up to 10:00 local time of the working day following the day of the credit auction.
6.6.2. The grounds for refusing to satisfy the Application are:
recognition of the auction as failed;
failure to comply with the conditions established by the beginning of the next business day after a credit auction subclauses 6.5.3 - 6.5.5 of clause 6.5 this appendix;
the interest rate indicated in the competitive application is lower than the cut-off rate established at the end of the credit auction.
6.6.3. The Bank of Russia has the right to partially satisfy competitive applications, which indicate the interest rate equal to the cut-off rate established at the end of the credit auction, proportionally reducing the loan amount specified in each of these applications, taking into account the total amount of money that the Bank of Russia intends to provide banks with credit auction results. If several Bank Applications are satisfied at the end of a credit auction, Bank of Russia loans are granted in descending order of the interest rates indicated in the satisfied Bank Applications, and if the interest rates are equal, in the order in which the Bank applications are received by the Bank of Russia.
6.6.4. In accordance with the Applications satisfied at the end of the credit auction, the Bank of Russia territorial institutions that have accepted these Applications for participation in the credit auction provide loans to the Bank of Russia if the banks whose applications are satisfied meet the requirements of this Regulation and the conditions for collateralization of Bank of Russia loans established by these Regulations are met .
6.6.5. If the Bank of Russia has technical capabilities, the Bank of Russia actions specified in this clause related to the provision of Bank of Russia loans based on the results of a credit auction may be carried out on the day of the credit auction.
Change Information:
Indication Bank of Russia dated November 18, 2013 N 3113-У clause 6 is supplemented by clause 6.6 (1)
6.6 (1). On the day specified by the conditions of the credit auction, as the day of the loan, the Bank of Russia provides loans to the Bank of Russia in accordance with Applications satisfied at the end of a credit auction.
If several Bank Applications were satisfied at the end of a credit auction, Bank of Russia loans are granted in descending order of interest rates at which the Bank's applications are satisfied, and if the interest rates at which bank applications are satisfied are equal, in the order of receipt of bank applications to the Bank of Russia.
The Bank of Russia has the right to partially satisfy competitive applications, which indicate the interest rate equal to the cut-off rate established at the end of the credit auction, proportionally reducing the loan amount specified in each of these applications, taking into account the total amount of money that the Bank of Russia intends to provide banks with credit auction results.
The Bank of Russia has the right to partially satisfy the Application if the value of the assets pledged under the corresponding Bank of Russia loan adjusted for adjustment factors is not sufficient 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 the maximum amount at which the security conditions for the specified loan are met.
If at the time of granting a loan from the Bank of Russia following the results of a credit auction, the bank’s right to receive loans from the Bank of Russia in accordance with this Regulation is suspended or the conditions for the security of a loan from the Bank of Russia cannot be met, including when the Application is partially satisfied, the Bank of Russia shall send the bank a refusal to provide Bank of Russia loan.
6.7. Not later than the next business day after the provision of Bank of Russia loans, the actions established by the credit auction are carried out paragraph 5.5 of this application.
Change Information:
Indication Bank of Russia dated March 4, 2013 N 2976-U supplemented by paragraph 6.8
6.8. Not later than the first business day following the day the Bank of Russia provides a loan at the end of a credit auction, the Bank of Russia sends a deposit order to the Depository for the transfer of bonds selected by the Bank of Russia as a pledge for the specified loan from the Bank of Russia Blocked section of the bank deposit account in the Depository to the section of the bank's custody account with the Depository, intended for the registration of a pledge of bonds on loans granted at the end of a credit auction in accordance with this Regulation.
7. Repayment by the borrowing banks of Bank of Russia loans within the period established by the Notice (requirement of the Bank of Russia on early repayment of the loan).
7.1. The Bank of Russia submits collection orders to be executed on the day the loan obligations of the Bank of Russia are due for the amount of Bank of Russia claims for a Bank of Russia loan (to pay interest, to repay the loan) to the main account of the borrowing bank for which the corresponding loan was granted Bank of Russia.
If upon the day of fulfillment of the bank’s obligations to the Bank of Russia specified in paragraph one of this clause, the corresponding main account of the Bank is closed or, in accordance with the regime of the specified account, funds cannot be debited from it on the basis of collection orders of the Bank of Russia, the fulfillment of the relevant obligations of the Bank to the Bank of Russia is carried out by presenting by the Bank of Russia collection orders to the Bank's correspondent account opened at the Bank of Russia.
Change Information:
Indication Bank of Russia dated November 18, 2013 N 3113-У clause 7 is supplemented by 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 prepayment of the loan 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 prepayment 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 information telecommunication network "Internet".
A notice of a bank on an early repayment of a loan shall be satisfied provided it is received by the Bank of Russia no later than the day specified in this notification as the repayment day of a loan of the Bank of Russia, before the end of the acceptance time Statements to obtain a loan, as well as subject to the minimum and maximum allowable deadlines between the day of receipt of the Bank's Notice of prepayment of the loan and the day of repayment of the Bank of Russia loan specified in this notification, established by the Bank of Russia in accordance with this clause.
Change Information:
Indication Bank of Russia dated March 4, 2013 N 2976-U supplemented by paragraph 7.2
7.2. If bonds were pledged on a Bank of Russia loan no later than the first business day following the day the Bank properly fulfilled its obligations under the respective Bank of Russia loan, the Bank of Russia sends a deposit order to the Depository to transfer bonds pledged on a Bank of Russia loan to the section "Blocked by the Bank of Russia" of the bank's custody account with the Depository or the main section of the specified custody account, if this was indicated in the Bank's application for a loan or Application, or if the bonds do not correspond Meet the conditions for their inclusion in the composition of assets accepted as collateral for Bank of Russia loans established by paragraph 3.10.1 of this application.
8. Carrying out operations in the event of default (improper performance) by the bank of its obligations to repay a loan from the Bank of Russia.
8.1. In case of non-fulfillment (improper performance) by the borrowing bank of obligations to return the principal debt on a loan from the Bank of Russia and (or) interest on it, the Bank of Russia no later than the first business day following the day when the obligations of the borrowing bank must be fulfilled, begins to fulfill actions foreseen subclause 5.4.8 of Clause 5.4 of the general loan agreement, including in the event of a decision on the sale of bonds pledged under a Bank of Russia loan, sends a deposit order to the Depository to transfer bonds from the section of the bank's deposit account to the Depository, intended to register a bond pledge on a corresponding loan from the Bank of Russia, to the section intended for the sale of bonds pledged by Bank of Russia loans.
If, as a result of the above actions, the requirements of the Bank of Russia to be satisfied are fully satisfied, the Bank of Russia no later than the business day following the day of full repayment of the requirements of the Bank of Russia:
terminates the implementation of actions aimed at paying off bank obligations on a loan from the Bank of Russia, including foreclosure on collateral;
transfers by a payment order excessively received amounts of monetary funds received in repayments of the Bank of Russia, as well as interest accrued on the indicated amounts in the manner prescribed by the agreement on the provision of a Bank of Russia loan to the correspondent account (correspondent sub-accounts) of the borrowing bank;
sends a notification to the borrowing bank:
full satisfaction of the requirements of the Bank of Russia under the agreement on the provision of a loan to the Bank of Russia;
on the composition of assets sold that were pledged under a loan from the Bank of Russia;
sends a deposit order to the Depository for the transfer of bonds that were pledged on a loan from the Bank of Russia, which were not foreclosed, to the “Blocked by the Bank of Russia” section of the bank's depo account in the Depository or to the main section of the indicated depo account, if the bonds are transferred to the main section of the specified securities account was provided in the Bank's application for a loan or Application, or if the bonds do not meet the conditions for their inclusion in the assets accepted as collateral for Bank of Russia loans, established nnym paragraph 3.10.1 of this application.
______________________________* The performance of certain actions provided for in this appendix may be assigned to an authorized unit of the Bank of Russia on the basis of an act of the Bank of Russia.
which banking experts often use in their speech
publication date: 04/26/2013
update date: 04/10/2019
Bankers are very well aware of the regulations that govern their activities. These documents are reread at the bank many times, depending on the complexity of the operations and the appearance of new ones. Moreover, in Russia laws, instructions and regulations are constantly undergoing changes, often very significant, and documents have to be re-read. And the numbers of these documents are quickly remembered. Behind these numbers is an entire era of banking development in Russia and a huge amount of knowledge governing the entire spectrum of banking operations.
In this regard, to reduce in his speech references to any normative act bank employees name only the document number, not using either its name or anything about it. It is absolutely clear to the dedicated specialists about what it is, and about what, and why it is mentioned.
In order to introduce the uninitiated in the course of banking, ProfBanking places a list of the main documents regulating banking activities and gives a brief annotation to each regulatory act.
If you want to see everything banking documents and their texts, Go to the bank library.
The main regulatory acts governing banking:
395-1 - the main federal law on banks and banking activities, gives the concepts of “credit institution”, “bank”, “non-banking credit institution”, “banking group”, “bank holding”, “banking operations”, “deposit”, “depositor”, establishes the minimum authorized capital of the bank, qualification requirements for bank managers, contains rules on registration of credit organizations and their licensing, as well as grounds for revoking a license from the bank, especially the reorganization and liquidation of banks. This law, of course, should know every bank employee.
Federal Law No. 395-1 of December 2, 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 the monetary unit of Russia, the main instruments and methods of monetary policy, the right of the Central Bank of the Russian Federation to carry out certain operations, and also banking regulation and banking supervision. This law should be known to every bank employee.
Official details of the normative act:
Federal Law No. 86-ФЗ dated 10.07.2002 “On the Central Bank of the Russian Federation (Bank of Russia)”
579-P - The chart of accounts at the bank and the rules for recording operations in the bank's accounting (until April 03, 2017, Regulation No. 385-P was applied, but it was repealed).
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 579-P dated 02.27.2017 “On Chart of accounts for credit organizations 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 for 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 courts, divisions of the bailiff service, law enforcement agencies and notaries. The instruction contains a list of documents required to open each account, requirements for conducting legal affairs of a client, drawing up a card with specimen signatures and a seal imprint.
Official details of the normative act:
Instruction of the Central Bank of the Russian Federation No. 153-I of May 30, 2014 "On the opening and closing of bank accounts, deposit accounts (deposits), deposit accounts"
161-FZ - The law on the 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 foundations of the national payment system, regulates the procedure for the provision of payment services, including the transfer of funds, the use of electronic means of payment, the activities of subjects of the national payment system, as well as determines the requirements for the organization and functioning of payment systems, the procedure for supervision and observations in the national payment system.
Official details of the normative act:
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 organizations in Russian rubles in bank accounts and without opening bank accounts. Regulation No. 383-P is developed on the basis of Law 161-ФЗ “On the National Payment System” and establishes the following forms of cashless payments: settlements by payment orders; by letter of credit; collection orders; by check; direct debit; in the form of electronic money transfer.
Money transfers can be executed by orders in the form of: payment order, collection order, payment request, payment order. Forms of these documents are given in the appendices to Regulation 383-P.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 383-P dated 06/19/2012 "On the rules for the transfer of funds"
180-I - one of the most important Instructions of the Central Bank of the Russian Federation, establishing a methodology for calculating the mandatory standards of banks. The instruction establishes 12 mandatory standards, each of which must be observed by the bank daily (until July 28, 2017, Instruction No. 139-I was applied, but it was canceled).
Official details of the normative act:
Instruction of the Central Bank of the Russian Federation No. 180-I of June 28, 2017 “On Mandatory Banking Ratios”
595-P - The Regulation that governs 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 BIC and the procedure for its assignment, but for existing banks, the BIC remains the same.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 595-P dated 07/06/2017 "On the Payment System of the Bank of Russia"
507-P - Regulation on FORA (FORA - mandatory reserve fund): how to calculate the amount of required reserves, the regulation procedure for FORA, the procedure for compiling and submitting a calculation of required reserves to the Bank of Russia.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 507-P dated 01.12.2015 “On Mandatory Reserves of Credit Organizations”
590-P - one of the most important and complex regulatory acts of the Bank of Russia; establishes a procedure for classifying loans by quality category, taking into account the financial situation of the borrower and the quality of servicing the debt, defines the limits of the size of the estimated reserve as a percentage of the amount of the main debt, the peculiarities of the formation of the reserve for loans for portfolios of homogeneous loans, the procedure for writing off bad loans by the bank. The necessary document for working with loans, discounted bills, securities on transactions with deferred payment or delivery, factoring requirements (by July 14, 2017 Regulation No. 254-P was applied, but it was repealed)
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 590-P dated 06/28/2017 "Regulation on the procedure for the formation by credit organizations of reserves for possible losses on loans, on loans 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 normative act:
Regulation of the Central Bank of the Russian Federation No. 611-P dated 10/23/2017 "On the procedure for the formation by credit organizations of reserves for possible losses"
4927-U - Do you know that each commercial bank provides several dozen different reports on its activities to the Bank of Russia on a quarterly, monthly, decadely, daily basis? This document establishes reporting forms for credit organizations. A very voluminous regulatory act. It contains not only report forms, but also the procedure for compiling and presenting each report.
Official details of the normative act:
Bank of Russia Ordinance No. 4927-U of 08/10/2018 “On the List, Forms and Procedure for Compiling and Presenting Reporting Forms of Credit Organizations to the Central Bank of the Russian Federation”
646-P- establishes a methodology for determining the amount of bank capital, taking into account international approaches to improving 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 \u200b\u200bof mandatory ratios, as well as in other cases when the ratio of equity of a credit institution is used to determine the value of prudential norms of activity.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 646-P dated 04.07.2018 “On the Methodology for Determining Own Funds (Capital) of Credit Institutions (BAZEL III”) ”
178-I - establishes the sizes (limits) of open currency positions, the methodology for their calculation and the specifics of monitoring their compliance ..
Official details of the normative act:
Bank of Russia Instruction No. 178-I of December 28, 2016 “On Establishing the Size (Limits) of Open Currency Positions, the Methodology for Their Calculation and the Peculiarities of Supervising Compliance with Credit Institutions”
148-I - a normative act relating to issues of the issue of shares and bonds by commercial banks, preparation of a prospectus for securities, registration of the issue of securities by banks.
Official details of the normative act:
Instruction of the Central Bank of the Russian Federation No. 148-I of December 27, 2013 “On the Procedure for the Procedure for the Issue of Securities of Credit Organizations in the Russian Federation”
135-I - a large and complex regulatory act relating to issues of state registration of banks and the issuance of licenses by them. This document is familiar to the legal service of the bank and the management of the bank. Describes all types of banking licenses, general requirements for the founders of the bank, the list of documents submitted to the Central Bank of the Russian Federation for obtaining licenses, the opening and closing of branches by banks, and the reorganization of the bank.
Official details of the normative act:
Instruction of the Central Bank of the Russian Federation No. 135-I of 04/02/2010 “On the Procedure for the Bank of Russia to Decide on the State Registration of Credit Organizations and Issue Licenses for Banking Operations”
242-P - a document on internal control in the bank, for which we need a system of internal control in the bank, how to organize it.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 242-P dated December 16, 2003 “Regulation on the Organization of Internal Control in Credit Organizations and Banking Groups”
115-FZ - A federal law aimed at creating a mechanism to counter the legalization of proceeds from crime and the financing of terrorism. To the unusual functions of banks, this law added one more - the function of mandatory control over dubious operations 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 that deal only with countering legalization have appeared, voluminous internal documents of the bank have been written on countering legalization, questionnaires have been developed for customers, for beneficiaries, special software systems and communication channels have been introduced .
Official details of the normative act:
Federal Law No. 115-ФЗ dated 07.08.2001 “On Counteracting the Legalization (Laundering) of Criminally Received 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 normative act:
Regulation of the Central Bank of the Russian Federation No. 499-P 10/15/2015 “On the identification by credit organizations of customers, representatives of customers, 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 the activities of professional participants in the securities market; the law establishes the concepts of “equity security”, “stock”, “bond”, “issuer option”, “issuer”, “registered issue-grade securities”, “documentary form”, “documentless form”, “state registration number of the issue”, "Public offering of securities", "listing of securities", "brokerage", "dealer activities", "securities management activities", "depository activities" and others.
Official details of the normative act:
Federal Law No. 39-FZ of 04.22.1996 “On the Securities Market”
Geneva Convention or (Bill Convention) - An international normative act, concluded in Geneva in 1930, which entered into force for the USSR in 1937 and by succession applies to Russia. Refers to special bill legislation and establishes uniform standards and requirements for the issuance of bills and bill circulation for states that have acceded to the Convention. Despite the fact that bill relations in Russia are regulated not so much by the Geneva Conventions as by Decree of the Central Executive Committee and the Council of People's Commissars of the USSR of August 7, 1937 No. 104/1341 “On the Enactment of the Provision on a Transfer and Promissory Note”, which practically repeats norms of the Geneva Convention, for work with bills of exchange it is necessary to know both documents very well.
Official details of the normative act:
645-P- the rules for issuing and issuing by banks of deposit and savings certificates, also includes the requirement to register the conditions for issuing savings and deposit certificates of credit organizations with the Bank of Russia.
Official details of the normative act:
Bank of Russia Regulation dated 03.07.2018 No. 645-P “On Savings and Deposit Certificates of Credit Organizations”
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173-FZ - the law on the currency policy of Russia, introduces the concepts of “internal securities”, “external securities”, “residents”, “non-residents”, “foreign exchange transactions” and enshrines the basic principle of currency legislation: “everything is prohibited, except that it is expressly permitted ". A very important law for banks, since banks are assigned the function of currency control agents.
Official details of the normative act:
Federal Law No. 173-FZ of December 10, 2003 "On Currency Regulation and Currency Control"
177-FZ - the law on deposit insurance at banks, defines the basic principles of deposit insurance, participants of the insurance system, which deposits are insured, the insured event, the amount of compensation for deposits at the bank, the competence of the Deposit Insurance Agency, the requirements for banks participating in the deposit insurance system, the calculation procedure and payment of insurance premiums by banks to the Agency’s account with the Bank of Russia.
Official details of the normative act:
Federal Law No. 177-FZ of December 23, 2003 “On Deposit Insurance in Banks of the Russian Federation”
630-P - determines the procedure for conducting cash transactions by banks with cash rubles in banking operations and other transactions, the procedure for working with Bank of Russia banknotes that are doubtful in solvency, insolvent, Bank of Russia bank notes, the presence of signs of counterfeiting of which does not raise doubts among the cashier of a credit institution, and also establishes rules for the storage, transportation and collection of cash in credit organizations in the territory of the Russian Federation.
Official details of the normative act:
Bank of Russia Regulation No. 630-P dated January 29, 2018 “On the Procedure for Cash Operations and the Rules for the Storage, Carriage and Collection of Bank of Russia Banknotes and Coins in Credit Organizations in the Russian Federation”
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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 normative act:
Decree of the Central Bank of the Russian Federation No. 2054-U dated 08/14/2008 “On the Procedure for Cash Operations with Foreign Currency in Cash at Authorized Banks in the Russian Federation”
266-P - establishes the procedure for issuing bank cards in the territory of the Russian Federation by credit organizations and the particularities of conducting operations with payment cards, the issuer of which may be a credit institution, a foreign bank or a foreign organization.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 266-P dated 12.24.2004 “On the issue of payment cards and on operations performed with their use”
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