Basic normative acts on banking. Features of the issuance of cash in
The business processes and management system of a modern bank are so complex that it is impossible to do without their mandatory documentation. Each organization develops its own set of internal regulations, however, such as the regulation on the organizational structure, divisions, job descriptions specialists, credit policy, control policy banking risks, interest policy, regulations internal control in order to counter the legalization (laundering) of proceeds from crime", and the financing of terrorism, information security policies are relevant for most banks.
The main objective of internal regulatory documents is to increase the manageability and controllability of organizational, technological and accounting processes and prevent non-compliance with the requirements of regulatory authorities, 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, without coordinating the accepted form with similar 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 the investment program
which banking specialists often use in their speech
publication date: 04/26/2013
update date: 04/10/2019
Bankers know very well regulations that govern their activities. These documents are re-read in the bank many times, depending on the complexity of the transactions and the emergence of new ones. Moreover, in Russia, laws, instructions and regulations are constantly undergoing changes, often very significant ones, and documents have to be re-read. 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 range of banking operations.
In this regard, in order to reduce the mention of any normative act in his speech bank employees they only call the number of the document, without using either its name or what it is about. Dedicated experts absolutely understand what it is about, and what, and why it is mentioned.
In order to introduce the uninitiated into the course of banking, ProfBanking places a list of the main documents regulating banking activities and gives a brief annotation to each normative act.
If you want to see all documents on banking and their texts go to the banking library.
The main regulatory acts regulating banking activities:
395-1 - main the federal law on banks and banking activity, gives the concepts of "credit institution", "bank", "non-bank credit institution", "banking group", "bank holding", "banking operations", "deposit", "depositor", establishes the value of the minimum authorized capital jar, qualification requirements to the heads of the bank, contains rules on registration credit organizations and their licensing, as well as the 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 dated December 2, 1990 "On Banks and Banking Activities"
86-FZ– Law on the Central Bank Russian Federation, establishes the functions of the Central Bank of the Russian Federation, describes the management bodies of the Bank of Russia, the reporting requirements of the Bank of Russia, determines monetary unit Russia, main tools and methods monetary policy, the rights 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 normative act:
Federal Law No. 86-FZ dated 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 recording transactions in the bank's accounting (until April 03, 2017, Regulation No. 385-P was applied, but it was canceled).
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 579-P dated February 27, 2017 “On Chart of Accounts 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 recording deposits (deposits) and deposit accounts of courts, divisions of the service bailiffs, law enforcement agencies and notaries. The instruction contains a list of documents required for opening each account, requirements for conducting a client's legal affairs, issuing a card with sample signatures and a seal imprint.
Official details of the normative act:
Instruction of the Central Bank of the Russian Federation No. 153-I dated May 30, 2014 "On opening and closing bank accounts, accounts for deposits (deposits), deposit accounts"
161-FZ- 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 foundations of the national payment system, regulates the procedure for the provision of payment services, including the transfer Money, 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 functioning of payment systems, the procedure for exercising supervision and supervision 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, which establishes 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: payments by payment orders; by letter of credit; collection orders; 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 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, which establishes the methodology for calculating the mandatory ratios of banks. The instruction establishes 12 mandatory ratios, 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 normative act:
Instruction of the Central Bank of the Russian Federation No. 180-I dated 06/28/2017 "On the mandatory ratios of banks"
595-P– 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 BIC structure and the procedure for assigning it, 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 July 6, 2017 "On the payment system of the Bank of Russia"
507-P– regulation on 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 a calculation of required reserves.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 507-P dated December 1, 2015 "On the required 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 into quality categories, taking into account financial position the borrower and the quality of his debt service, determines the limits of the size of the estimated reserve as a percentage of the principal debt, the features of the formation of the reserve for loans for portfolios of homogeneous loans, the procedure for writing off by the bank bad debt on loans. Required document to work with loans, discounted promissory notes, securities under transactions with deferred payment or delivery, factoring claims (until July 14, 2017, Regulation No. 254-P was applied, but it was canceled)
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 590-P dated June 28, 2017 "Regulation on the procedure for the formation by credit institutions of reserves for possible losses on loans, on loan and equivalent debt"
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 October 23, 2017 “On the procedure for the formation of reserves for possible losses by credit institutions”
4927-U Do you know that every commercial Bank submits to the Bank of Russia several dozens of various reports on its activities on a quarterly, monthly, ten-day, daily basis? This document establishes reporting forms for credit institutions. A very voluminous piece of legislation. It contains not only report forms, but also the procedure for compiling and submitting each report.
Official details of the normative act:
Bank of Russia Ordinance No. 4927-U dated October 8, 2018 “On the List, Forms and Procedure for Compiling and Submitting Reporting Forms of 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”). Value own funds(capital), determined in accordance with Regulation 646-P, is used to determine the values of mandatory ratios, as well as in other cases when the index of own funds of a credit institution is used to determine the value of prudential performance standards.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 646-P dated July 4, 2018 “On the Methodology for Determining Equity (Capital) of Credit Institutions (BASEL III)”
178-I– establishes the size (limits) of open currency positions, the methodology for their calculation and the specifics of the implementation of supervision over their observance.
Official details of the normative act:
Instruction of the Bank of Russia No. 178-I dated December 28, 2016 “On establishing the size (limits) of open currency positions, the methodology for their calculation and the specifics of supervising their compliance by credit institutions”
148-I– a normative act concerning the issue of shares and bonds commercial banks, preparation of the prospectus of 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 dated December 27, 2013 "On the Procedure for Implementing the Procedure for Issuing Securities of Credit Institutions on the Territory of the Russian Federation"
135-I- a large and complex normative act relating to issues state registration banks and issuance of licenses to them. This document is well known legal service bank and bank management. Describes all kinds 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 normative act:
Instruction of the Central Bank of the Russian Federation No. 135-I dated April 2, 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, why the internal control system in the bank is needed, how to organize it.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 242-P of December 16, 2003 "Regulation on the organization of internal control in credit institutions and banking groups"
115-FZ– a federal law aimed at creating a mechanism for combating the legalization of proceeds from crime and the financing of terrorism. To the unusual functions available to banks, this law added another one - the function of mandatory control over dubious transactions with the obligation to provide 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 that deal only with issues of counteracting legalization, voluminous internal documents of the bank on counteracting legalization have been written, 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-FZ of 08/07/2001 "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism"
499-P- this is the procedure for identifying customers in order to comply with the norms of the law 115-FZ.
Official details of the normative act:
Regulation of the Central Bank of the Russian Federation No. 499-P of 10/15/2015 "On the identification by credit institutions of clients, representatives of clients, beneficiaries and beneficial owners in order to counteract 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 securities market; the law establishes the concepts of "emission security", "share", "bond", "issuer option", "issuer", "registered emissive securities”, “documentary form”, “non-documentary form”, “state registration number of the issue”, “public offering of securities”, “listing of securities”, “broker activity”, “dealer activity”, “security management activity”, "depository activities" and others.
Official details of the normative act:
Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market"
Geneva Convention or (Convention of Exchange)- an international normative act concluded in Geneva in 1930, which entered into force for the USSR in 1937 and by succession extends to Russia. Refers to special bill of exchange legislation and establishes uniform norms and requirements for the execution of bills of exchange 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 the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR dated August 07, 1937 No. promissory note”, practically repeating the norms of the Geneva Convention, to work with bills of exchange it is necessary to know both documents very well.
Official details of the normative act:
645-P– rules for issuing and issuing deposit and savings certificates by banks, also includes a requirement for mandatory registration of the conditions for issuing savings and deposit certificates of credit institutions with the Bank of Russia.
Official details of the normative act:
Bank of Russia Regulation No. 645-P, dated July 3, 2018, “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", "external securities", "residents", "non-residents", " currency operations”and consolidates the basic principle of currency legislation: “everything is prohibited, except for what is expressly permitted.” A very important law for banks, since banks are entrusted with 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– law on deposit insurance in banks, defines the basic principles of deposit insurance, 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 normative act:
Federal Law No. 177-FZ of December 23, 2003 "On insurance of deposits in banks of the Russian Federation"
630-P- determines the order of conduct cash transactions banks with cash rubles when carrying out banking operations and other transactions, the procedure for working with those who raise doubts about solvency banknotes of the Bank of Russia, insolvent banknotes of the Bank of Russia, the presence of signs of forgery of which is not in doubt by the cash worker of a credit institution, and also establishes the rules for the storage, transportation and collection of cash in credit institutions in the territory of the Russian Federation.
Official details of the normative act:
Regulation of the Bank of Russia 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 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:
Instruction 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 in the territory of the Russian Federation"
266-P– establishes the procedure for issuing 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 normative act:
Regulation of the Central Bank of the Russian Federation No. 266-P of December 24, 2004 "On the issue of payment cards and on operations performed using them"
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A REAL GEM IN THE SEA OF BANKING RATES
1. Working hours structural divisions Jar, during which the settlement documents of clients are accepted for their execution by the Bank, is established:
For the currency department of the Head Office: from 09:00 to 16:30 with a lunch break from 13:00 to 14:00;
For additional and operating offices of the Bank: in accordance with the regime business day each internal structural unit.
from 09.00 to 11.00 hours
Sale by the Bank at its own expense of foreign currency to a client
from 09.00 to 15.30 hours
Sale of foreign currency, including compulsory sale, in cases stipulated by the currency legislation, at the interbank currency exchange on behalf of the client
from 09.00 to 11.00 hours
Purchase by the Bank at its own expense in Russian rubles foreign currency from the client
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 cash desks
4.1. Withdrawal of cash, broken down by banknotes at the disposal of the Bank at the time of issuance of cash foreign currency, is carried out during the established hours of operation of the Bank's cash desks in the following order: 4.1.1. For amounts to be withdrawn and not exceeding 00 US dollars or euros - withdrawal of funds is made on the current banking day without prior notice from the client; 4.1.2. For amounts to be withdrawn and exceeding 00 US dollars or euros, as well as for any amount in a freely convertible currency other than US dollars or euros, the withdrawal of funds is made on the next banking day, subject to prior submission of an application to the Bank before 11 00 hours of the day preceding the receipt of funds at the Bank's cash desk. The specified Application for receiving cash in foreign currency can be made by the client as in writing, and transmitted over the phone. The telephone number for receiving Applications at the Ellips Bank Head Office is set as follows: . |
5. Other terms of service
5.1 Payment for the Bank's services according to settlement and cash services of the Bank's clients in foreign currency in accordance with these Tariffs is charged by the Bank no later than the business day following the day of the transaction, the provision of services, except for cases expressly provided for by the provisions of certain paragraphs of these Tariffs.
The provision of services by the Bank, transactions on behalf of the client are subject to payment by the client in the amount and in the currency established by these Tariffs. Operations by the Bank on behalf of the client or the provision of services by the Bank are charged 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 fee established by these Tariffs (established payment for the Bank's services), otherwise Client's accounts with Ellips Bank in the equivalent recalculated using the currency exchange rate of the commission fee (payment for the Bank's services) to the Russian ruble or using the cross-rate of the relevant foreign currencies according to the official quotations of the Central Bank of the Russian Federation, effective on the day of collection of payment.
5.2. Commissions and expenses of correspondent banks are subject to compensation by the client in cases stipulated by the conditions for the Bank to conduct certain transactions, no later than the business day following the day the Bank receives the relevant notification from the correspondent bank in the same currency in which the transaction was carried out. In case of insufficient funds on the Client's Account in the currency in which this or that operation was carried out, commissions and expenses of correspondent banks are subject to compensation either in Russian rubles from the balance of funds on the client's settlement account in Russian rubles, or in a foreign currency other than from the currency of withheld commissions or correspondent bank expenses subject to compensation from another Client Account with Ellips Bank in the equivalent recalculated using the exchange rate of commissions of correspondent banks to the Russian ruble or using the cross-rate of the relevant foreign currencies according to official quotations Central Bank of the 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 on the foreign exchange market on behalf of the client, followed by transfer of the purchased foreign currency to the client's account in another bank, as well as payment for the operation transfer of foreign currency is charged by the Bank in Russian rubles on a direct basis no later than the business day following the day the service is rendered (transaction is carried out) 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 recalculated using the rate of the currency in which the fee for the Bank's services is set to the Russian ruble according to the quotation of the Central Bank of the Russian Federation, effective on the day of payment.
5.4. In the absence of the Client's accounts in foreign currency with Ellips Bank, payment for the Bank's operation to transfer funds in foreign currency provided by the Bank as a loan to the client's account in another bank on his behalf is charged by the Bank in Russian rubles without acceptance no later than the 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 according to the quotation of the Central Bank of the Russian Federation, valid on the day of collection of payment.
5.5. In case of cancellation or revocation of the payment document received by the Bank, the amount collected as payment for the Bank's services, as well as the amount collected as compensation to the Bank for commissions and expenses of correspondent banks, are not refundable.
5.6. When transferring funds received after the closing of the Account, the payment for the relevant transaction by the Bank is withheld on the day of the transfer.
5.7. In the event of a return of funds from a transfer due to incomplete or unclear instructions, and provided that the reason for such a return is not erroneous actions of the Bank, the amount collected as payment for the said transaction by the Bank is not refundable.
5.8. All commission fees and expenses of correspondent banks that the Bank incurs when executing the client's instructions 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 expressly provided for by the provisions of individual paragraphs of these Tariffs.
5.9. These Tariffs apply to standard banking transactions 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 by these Tariffs, as well as change the amount tariff rate for a single operation by agreement with the client.
The rates of these Tariffs apply only to those operations and services, the performance of which is carried out in the usual manner for banking practice. In the event that the Bank conducts a particular operation, the provision of a particular service on behalf of the client, requires additional costs or additional work, the Bank reserves the right to charge an additional commission, of which the client will be notified in advance.
5.10. The bank has the right to unilaterally change, supplement or cancel these Tariffs. Bank's tariffs in new edition(as amended and supplemented) within the period established by the bank account agreement in foreign currency between the credit institution and legal entity(resident of the Russian Federation/non-resident of the Russian Federation) are posted for familiarization with them on the Ellips Bank website on the Internet, and are also displayed in the Bank's customer service premises.
5.11. The Bank shall not be 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 legal acts of the Bank of Russia or other regulatory bodies.
For each main account (except for the correspondent account of a bank opened with the Bank of Russia), for which, in the copies of the general account submitted to the Bank of Russia, loan agreement the bank provides for the possibility of obtaining intraday loans and overnight loans, the bank, along 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 by sub-clause 2.2.1 of clause 2.2 of these Regulations.
If the general loan agreement provides for the provision of intraday loans and overnight loans to the bank's correspondent account opened with the Bank of Russia, the bank shall submit two copies of an additional agreement signed on its part to the correspondent account agreement containing the condition provided for in sub-clause 2.2.1 of clause 2.2 of this Regulation, if the correspondent account agreement does not contain the specified condition.
1.5. If, within the period specified in paragraph 1.3 of this Appendix, the bank has not submitted to the Bank of Russia the documents specified in paragraphs 1.3, 1.4 of this Appendix, the Bank of Russia shall send a notice to the bank refusing to conclude a general loan agreement. The Bank has the right to re-apply for the conclusion of a master loan agreement at any time.
Not later than 3 business days from the date of receipt of the documents specified in paragraphs 1.3, 1.4 of this Appendix, in case of completeness and correctness of their execution, and also subject to the bank's compliance with the criteria established by subparagraphs 2.1.1-2.1.3 of paragraph 2.1 of this Regulation, the Bank 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 a message to the bank refusing to conclude a general loan agreement.
In the event of incorrect execution of the documents that the bank submits to the Bank of Russia in accordance with this paragraph, or incomplete submission of the required documents, the Bank of Russia shall notify 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 sends the bank a notice of refusal to conclude a general loan agreement.
1.6. A bank that has received a message from the Bank of Russia on the refusal to conclude a general loan agreement is entitled to re-submit to the Bank of Russia an application to conclude a general loan agreement on any business day. The issue 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 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 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 where the general loan agreement was concluded with a request (in any written form) to amend the general loan agreement in terms of the conditions that can be changed. The bank's proposal to change the amount of credit limits specified in the general loan agreement must be justified.
The application for amendments to the general loan agreement, which provides for the inclusion in the specified agreement of the provisions necessary for the bank to receive Bank of Russia loans secured by bonds in accordance with this Regulation, must be accompanied by the documents specified in paragraphs three and seven of 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 with the Bank of Russia.
2.2. The bank's application for amendments to the general loan agreement is rejected if the Bank of Russia's 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 proposed by the bank to the general loan agreement contradict these Regulations . Without giving reasons, the bank's application to amend the general loan agreement in terms of changing the lending limits may be rejected. If the bank's application for an increase in credit limits is rejected, the Bank of Russia may inform the bank of the maximum total amount of credit limits that the Bank of Russia agrees to set and offer the bank to redistribute the specified amount between the bank's main accounts. If such a message is received, the bank shall submit to the Bank of Russia a new application for amendments to the general loan agreement in terms of changing lending limits in compliance with the maximum total amount credit limits specified in the message of the Bank of Russia.
An application for amendments to the general loan agreement providing for the inclusion in the specified agreement of the provisions necessary for the bank to obtain loans from the Bank of Russia secured by bonds in accordance with this Regulation, in addition to the cases specified in paragraph one of this clause, shall be rejected if no the documents specified in paragraphs three and seven of clause 1.1(1) of this Appendix, except for the case when, upon agreement with the Bank of Russia, the bank may not submit the said documents to the Bank of Russia.
2.3. Not later than 15 business days from the date of acceptance of the bank’s application for amendments to the general loan agreement, the Bank of Russia division that accepted the bank’s application for amendments to the general loan agreement sends a message to the bank in an arbitrary written form about the rejection of the specified application or about consent to conclude the relevant additional agreement. If the Bank of Russia agrees to change the value of the credit limit specified in the general loan agreement, a notification is sent to the bank about the establishment of a new value of the credit limit.
The adoption of a decision by the Bank of Russia on a 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, is suspended until the following conditions are met simultaneously:
the right of the bank to receive loans from the Bank of Russia to the relevant main accounts was suspended;
there is no outstanding debt of the bank on loans from the Bank of Russia granted 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 amounts of credit limits in the corresponding message.
If the application for amending the master loan agreement contained information about the intention to use the bonds as collateral for Bank of Russia loans provided in accordance with these Regulations, the message of the Bank of Russia's consent to amending the general loan agreement shall include a list of details required by the Bank Russia for the implementation of depositary transfers carried out in the course of operations in accordance with this Regulation, subject to inclusion in an additional agreement to the general loan agreement.
2.4. Not later than 10 business days from the date of receipt of a 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.
An additional agreement to the general loan agreement regarding the introduction of changes in the composition of the main accounts specified 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 the bonds as collateral for Bank of Russia loans provided in accordance with these Regulations, the supplementary agreement to the general loan agreement submitted by the bank for signing to the Bank of Russia shall include the data similar to the data specified in paragraphs three and four of clause 1.3 of this appendix, subject to the requirements established by paragraphs five and six of clause 1.3 of this appendix.
No later than three working days after receiving correctly executed documents, the Bank of Russia shall sign two copies of the Agreement and transfer the second copy of the Agreement against receipt to a representative of the bank - a potential guarantor.
4. Registration of overnight loans granted by the Bank of Russia to borrowing banks.
4.1. On the next business day after the Bank of Russia provides an overnight loan, the following actions are performed.
An authorized employee of the Bank of Russia division in which the corresponding main account of the borrowing bank is opened shall issue to the authorized employee of the borrowing bank a duly executed Notice. The specified employee must present an identity document and a power of attorney to receive the specified document, signed by an authorized officer of the borrowing bank. The fact of the transfer of the Notice is recorded by the division of the Bank of Russia in the journal, which indicates the date and time of transfer of the Notice, the name of the borrowing bank, the last name, first name and patronymic of the 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 the receipt of the Notice.
If it is impossible to transfer the Notice to an authorized employee of the borrowing bank in set time The Bank of Russia is entitled to send the Notice to the borrowing bank by registered mail with acknowledgment of receipt.
Information about changes:
Bank of Russia Instruction No. 2976-U of March 4, 2013 supplemented the appendix with clause 4.2
4.2. No later than the first business day following the day the Bank of Russia grants an overnight loan, the Bank of Russia sends a depository instruction to the Depository to transfer the bonds selected by the Bank of Russia as collateral for the specified overnight loan from the "Blocked by the Bank of Russia" section of the bank's depo account with the Depository to the section depo account of the bank with the Depository, intended for registration of pledge of bonds on overnight credits provided in accordance with these Regulations.
5. 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).
A hard copy application for a loan shall be drawn up in accordance with Appendix 6 to this Regulation and sent to a division of the Bank of Russia authorized to accept Applications for a hard copy 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 to in electronic format to a division 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 with an electronic signature
Information about the Bank of Russia divisions authorized to accept Applications for a loan in hard copy or in electronic form is published in the Bulletin of the Bank of Russia and (or) posted on the official website of the Bank of Russia in the information and telecommunication network "Internet".
5.2. The Bank of Russia may set the minimum and maximum allowable periods between the day the Application for a loan is received by the Bank of Russia and the day the Bank of Russia loan is granted, 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 Bank of Russia loan is granted is 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" .
5.3. An application for a loan is subject to satisfaction if:
5.3.1. the bank is entitled to receive the appropriate type of Bank of Russia loans to the relevant main account in accordance with the general loan agreement;
5.3.2. the parameters of the Application for a loan correspond to the conditions for the Bank of Russia to provide loans at a fixed interest rate;
5.3.3. as of the date of consideration of the Application for a loan (at the time of granting a loan from the Bank of Russia), the bank’s right 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 a Bank of Russia loan secured by guarantees, the bank’s right to receive loans has not been suspended Bank of Russia loans secured by guarantees of the respective guarantor bank;
5.3.4. as of the date of consideration of the Application for a loan, the Application is secured (as of the time the Bank of Russia loan is granted, it is secured);
Information about changes:
By Instruction of the Bank of Russia dated November 18, 2013 N 3113-U, paragraph 5.3 was supplemented with subparagraph 5.3.5
5.3.5. The application for a loan was received by the Bank of Russia no later than the day indicated in this Application as the day the loan was granted by the Bank of Russia, before the deadline for accepting Applications for a loan, and the minimum and maximum allowable periods between the day the Application for a loan was received by the Bank were observed Russia and the date of granting the loan from the Bank of Russia, established by the Bank of Russia in accordance with paragraph 5.2 of this Appendix.
5.3(1). If these conditions are not met (or if the Bank of Russia division that accepted the Loan Application receives information about their violation prior to the loan being granted in accordance with the Loan Application), the said Bank of Russia division shall send a refusal to grant a Bank of Russia loan to the bank.
5.4. An application for a loan in which a 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 paragraph 3.3 of Appendix 1 to this Regulation are sufficient to meet the conditions for collateralization of the corresponding 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 said loan, more than four working days remain until the expiration of the Power of Attorney.
An application for a loan in which a 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:
the guarantor banks specified in the Loan Application comply with the requirements set forth in clause 3.2(1) of this Regulation;
the provision of a loan from the Bank of Russia in accordance with the Application for a loan will not lead to a violation of 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 to a violation of the restrictions on the maximum total amount of obligations of guarantor banks on repayment of Bank of Russia loans secured by guarantees as a borrower and guarantor;
the Bank of Russia (to the division of the Bank of Russia to which the bank sent the Application for a loan, unless otherwise agreed with the Bank of Russia), two copies of the guarantee agreement signed by the guarantor bank, provided for in Appendix 9 to this Regulation, as well as a power of attorney confirming the right of the person who signed the guarantee agreement to sign the said agreement, containing a sample signature of the person to whom the power of attorney was issued ( this power of attorney can be accepted without a sample 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 a seal imprint), as well as the total amount within which the guarantor banks are responsible for the bank's fulfillment of 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. On the next working day after the provision of a loan at a fixed interest rate, the actions provided for in clause 4.1 of this Appendix are carried out. In the event that a Bank of Russia loan is granted to a bank account of a bank opened with an authorized RNKO, the Notice shall be transferred to an authorized representative of the bank by a division of the Bank of Russia at the location of the correspondent account of the bank.
In addition, if a loan from the Bank of Russia is secured by guarantees from credit institutions, on the next business day after the provision of the said loan, the Bank of Russia sends to each of the guarantor banks a surety agreement signed by the Bank of Russia, provided for in Appendix 9 to this Regulation. If the specified agreement is signed by the bank-guarantor by an authorized person and the chief accountant, then the suretyship agreement is signed by the Bank of Russia by an authorized person and the chief accountant.
Information about changes:
By Instruction of the Bank of Russia dated March 4, 2013 N 2976-U, the appendix was supplemented by clause 5.6
5.6. Not later than the first business day following the day the Bank of Russia grants a loan at a fixed interest rate, the Bank of Russia sends a depository instruction to the Depository to transfer the bonds selected by the Bank of Russia as collateral for the specified loan from the "Blocked by the Bank of Russia" section of the bank's depo account with the Depository to the section of the bank's depo account with the Depository intended for registration of pledge of bonds on loans at a fixed interest rate provided in accordance with these Regulations.
6. Conducting 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 Bulletin of the Bank of Russia. This official announcement contains information about the date and conditions of the credit auction.
6.2. Credit auctions can be carried out according to the "American" method (provision of loans at interest rates specified in satisfied applications) or according to the "Dutch" method (provision of loans according to 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, before the time set by the Bank of Russia, sends to the Bank of Russia an Application for participation in a credit auction (hereinafter referred to as the Application).
A paper-based application shall be drawn up in accordance with Appendix 7 to these Regulations and sent to a division of the Bank of Russia authorized to accept paper-based applications providing for a Bank of Russia loan 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 the 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 with an 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 Internet information and telecommunication network.
Information about the Bank of Russia divisions authorized to accept Applications on paper or in electronic form is published in the Bulletin of the Bank of Russia and (or) posted on the official website of the Bank of Russia in the information and telecommunication network "Internet".
6.4. The Bank has the right to send for participation in the credit auction one or more competitive Applications 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 Applications to be satisfied at the weighted average interest rate formed as a result 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, due to the recognition of the auction as failed or due to the fact that interest rate, specified in the competitive Application, is lower than the cut-off rate established on the basis of the results of the credit auction, the corresponding messages.
6.6.1. The territorial office of the Bank of Russia that accepted the Application, before 10:00 am local time on the business day following the day of the credit auction, sends relevant messages to 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 by the beginning of the next working day after the credit auction of the conditions established by sub-clauses 6.5.3 - 6.5.5 of clause 6.5 of this appendix;
the interest rate specified in the competitive Application is lower than the cut-off rate established as a result of the credit auction.
6.6.3. The Bank of Russia has the right to partially satisfy competitive Applications that contain an interest rate equal to the cut-off rate established following the results of the credit auction, proportionally reducing the loan amount specified in each of these Applications, taking into account the total amount of funds that the Bank of Russia intends to provide to banks under the results of the credit auction. If, following the results of a credit auction, several Bank Applications are satisfied, Bank of Russia loans are granted in descending order of interest rates specified in the bank's satisfied Applications, and if interest rates are equal, in the order in which the Bank's 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 territorial branches of the Bank of Russia that accepted the said Applications for participation in the credit auction provide loans from the Bank of Russia if the banks, whose Applications are satisfied, comply with the requirements of this Regulation and the Bank of Russia loan collateral conditions established by this Regulation are met. .
6.6.5. If the Bank of Russia is technically capable, the actions of the Bank of Russia referred to 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.
Information about changes:
By Instruction of the Bank of Russia No. 3113-U dated November 18, 2013, clause 6 was supplemented by clause 6.6(1)
6.6(1). On the day determined by the terms of the credit auction, as the day of granting a loan, the Bank of Russia provides loans to the Bank of Russia in accordance with the Applications satisfied as a result of the credit auction.
If, as a result of a credit auction, several Bank Applications are satisfied, 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 the Bank's Applications are satisfied are equal, - in the order of receipt of the Bank's Applications by the Bank of Russia.
The Bank of Russia has the right to partially satisfy competitive Applications that contain an interest rate equal to the cut-off rate established following the results of the credit auction, proportionally reducing the loan amount specified in each of these Applications, taking into account the total amount of funds that the Bank of Russia intends to provide to banks under 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 relevant Bank of Russia loan, adjusted for adjustment factors, is not enough to provide the said loan in the amount specified in the Application. In this case, the Bank of Russia provides the bank with a loan in maximum amount, at which the conditions of security of the specified loan are met.
If at the time of granting a loan from the Bank of Russia as a result of a credit auction, the right of a bank to receive loans from the Bank of Russia in accordance with these Regulations is suspended 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 sends a refusal to the bank to provide loan from the Bank of Russia.
6.7. Not later than the next business day after the Bank of Russia loans are granted, based on the results of the credit auction, the actions specified in clause 5.5 of this Appendix are carried out.
Information about changes:
By Instruction of the Bank of Russia dated March 4, 2013 N 2976-U, the appendix was supplemented by clause 6.8
6.8. No later than the first business day following the day the Bank of Russia grants a loan based on the results of the credit auction, the Bank of Russia sends a depository instruction to the Depository to transfer the bonds selected by the Bank of Russia as collateral for the specified loan from the "Blocked by the Bank of Russia" section of the bank's depo account with the Depository to the section of the bank's depo account with the Depository, intended for registration of pledge of bonds on loans granted as a result of a credit auction in accordance with these Regulations.
7. Repayment by borrowing banks of loans from the Bank of Russia within the period established by the Notice (requirement of the Bank of Russia for early repayment loan).
7.1. The Bank of Russia submits collection orders to be executed on the day when the obligations under the Bank of Russia loans become due, for the amount of the Bank of Russia’s claims under the Bank of Russia loan (for paying interest, for repaying the loan) to the main account of the borrowing bank to 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 said 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 collection orders to the Bank of Russia correspondent account Bank, opened in the Bank of Russia.
Information about changes:
By Instruction of the Bank of Russia No. 3113-U dated November 18, 2013, clause 7 was supplemented by clause 7.1(1)
7.1(1). The Bank of Russia may set the minimum and maximum allowable periods between the day of receipt of the Bank's Notice of early repayment of the loan and the day of repayment of the Bank of Russia loan specified in this notice.
Information about the minimum and maximum allowable periods established by the Bank of Russia between the day of receipt of the Bank’s notice of early repayment of the loan and the date of repayment of the Bank of Russia loan specified in this notice is published in the Bulletin of the Bank of Russia and (or) on the official website of the Bank of Russia in the information telecommunications network "Internet".
A bank notification of early repayment of a loan is subject to satisfaction provided that it is received by the Bank of Russia no later than the day specified in this notice as the date of repayment of the Bank of Russia loan, before the deadline for accepting Applications for a loan, as well as subject to the minimum and maximum allowable periods between the day of receipt of the Bank's Notice of early repayment of the loan and the date 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:
By Instruction of the Bank of Russia dated March 4, 2013 N 2976-U, the appendix was supplemented by clause 7.2
7.2. If bonds under a Bank of Russia loan were pledged, no later than the first business day following the day the bank duly fulfilled its obligations under the corresponding Bank of Russia loan, the Bank of Russia sends a depository instruction to the Depository to transfer the bonds pledged under the Bank of Russia loan 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 specified depo account, if it was indicated in the bank's Application for a loan or the Application, or if the indicated bonds do not meet the conditions for their inclusion in the assets accepted as collateral for the Bank's loans Russia, established by paragraph 3.10.1 of this Appendix.
8. Carrying out operations in case of non-performance (improper performance) by the bank of obligations to repay the Bank of Russia loan.
8.1. In the event of non-performance (improper performance) by the borrowing bank of its obligations to repay the amount of the principal debt on a Bank of Russia loan and (or) pay 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 provided for by 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 a depo instruction to the Depository to transfer bonds from the section of the bank's depo account in the Depository, intended for registration of a pledge of bonds under the corresponding loan from the Bank of Russia, for a section intended for the sale of bonds pledged under loans from the Bank of Russia.
If, as a result of the above actions, the claims 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 claims of the Bank of Russia:
terminates the implementation of actions aimed at repaying the bank's obligations under the Bank of Russia loan, including foreclosure on collateral;
transfers, by means of a payment order, the amounts of funds received in excess of 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 sub-accounts) of the borrowing bank;
sends a notice to the borrowing bank:
on full satisfaction of the requirements of the Bank of Russia under the Bank of Russia loan agreement;
on the composition of the assets sold that were pledged under the Bank of Russia loan;
sends to the Depository a depo instruction to transfer the bonds pledged under the Bank of Russia loan, which were not foreclosed, to the "Blocked by the Bank of Russia" section of the bank's depo account with the Depository or to the main section of the specified depo account, if the transfer of bonds to the main section of the specified depo account was provided for in the Bank's Application for a loan or the 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 by paragraph 3.10.1 of this Appendix.
______________________________* The performance of certain actions provided for in this Appendix may be assigned to an authorized division of the Bank of Russia on the basis of an act of the Bank of Russia.