(as amended by Federal Laws No. 106-FZ of 20.08.2004, No. 197-FZ of 29.12.2004)
This Federal Law establishes the legal, financial and organizational foundations for the functioning of the system of compulsory insurance of deposits of individuals in banks of the Russian Federation (hereinafter referred to as the deposit insurance system), the competence, procedure for the formation and activities of an organization that performs the functions of compulsory deposit insurance (Deposit Insurance Agency, hereinafter also - the Agency), the procedure for paying compensation on deposits, regulates relations between the banks of the Russian Federation, the Agency, the Central Bank of the Russian Federation (Bank of Russia) and the executive authorities of the Russian Federation in the field of relations on compulsory insurance of deposits of individuals in banks.
Chapter 1. GENERAL PROVISIONS
Article 1
1. The objectives of this Federal Law are to protect the rights and legitimate interests of depositors of banks in the Russian Federation, to strengthen confidence in the banking system of the Russian Federation and to stimulate the attraction of household savings to the banking system of the Russian Federation.
2. This Federal Law governs relations in the creation and operation of the deposit insurance system, the formation and use of its monetary fund, the payment of compensation on deposits in the event of insured events, as well as relations arising in connection with the implementation state control over the functioning of the deposit insurance system, and other relations arising in this area.
3. This Federal Law does not apply to other methods of insuring deposits of individuals to ensure their return and payment of interest on them.
4. In accordance with the objectives of this Federal Law, the features legal status participants in the deposit insurance system and definitions essential conditions compulsory insurance of deposits, insured event, payment of insurance premiums and receipt of insurance compensation for compulsory insurance of deposits.
5. Relations arising in connection with the creation and operation of the deposit insurance system are governed by this Federal Law, other federal laws, and in the cases provided for by this Federal Law, by the regulatory legal acts of the Government of the Russian Federation adopted in accordance with it and the regulatory acts of the Bank of Russia .
Article 2. Basic concepts used in this Federal Law
The following basic concepts are used in this Federal Law:
1) a bank is a credit institution that has permission from the Bank of Russia to attract funds from individuals on deposits and to open and maintain bank accounts of individuals, issued by the Bank of Russia to banks in the manner established by the Federal Law "On Banks and Banking Activities" (as amended by the Federal Law of February 3, 1996 N 17-FZ) (hereinafter - the Federal Law "On Banks and Banking Activities");
2) deposit - funds in the currency of the Russian Federation or foreign currency placed by individuals in a bank in the territory of the Russian Federation on the basis of a bank deposit agreement or a bank account agreement, including capitalized (accrued) interest on the deposit amount;
3) register of banks - a list of banks formed in accordance with this Federal Law, registered in the deposit insurance system;
4) the investor is a citizen of the Russian Federation, foreign citizen or a stateless person who has concluded a bank deposit agreement or a bank account agreement with the bank, or any of the indicated persons in whose favor the deposit has been made;
6) permission of the Bank of Russia - a license issued by the Bank of Russia for attracting deposits of funds from individuals and for opening and maintaining bank accounts of individuals in the manner established by the Federal Law "On Banks and Banking Activities";
7) deficiency of the mandatory deposit insurance fund - the insufficiency of the mandatory deposit insurance fund to pay compensation on deposits within the time limits established by this Federal Law.
Article 3. Basic principles of the deposit insurance system
The main principles of the deposit insurance system are:
1) mandatory participation of banks in the deposit insurance system;
2) reducing the risks of adverse consequences for depositors in case of default by banks of their obligations;
3) transparency of the operation of the deposit insurance system;
4) the accumulative nature of the formation of the mandatory deposit insurance fund at the expense of regular insurance premiums of banks participating in the deposit insurance system.
Article 4. Participants of the deposit insurance system
Participants of the deposit insurance system are:
1) contributors recognized as beneficiaries for the purposes of this Federal Law;
2) banks entered in the prescribed manner in the register of banks, recognized for the purposes of this Federal Law as insurers;
3) an agency recognized as an insurer for the purposes of this Federal Law;
4) the Bank of Russia in the exercise of its functions arising from this Federal Law.
Article 5. Deposits insured in accordance with this Federal Law
1. In accordance with this Federal Law, deposits are subject to insurance in the manner, amounts and on the terms established by Chapter 2 of this Federal Law, with the exception of the funds specified in Part 2 of this Article.
2. In accordance with this Federal Law, the following funds are not subject to insurance:
1) placed on bank accounts of individuals engaged in entrepreneurial activity without education legal entity if these accounts are opened in connection with the specified activity;
2) placed by individuals in bearer bank deposits, including those certified by a savings certificate and (or) a bearer savings book;
3) transferred by individuals to banks for trust management;
4) placed on deposits in branches of banks of the Russian Federation located outside the territory of the Russian Federation.
3. Deposit insurance is carried out by virtue of this Federal Law and does not require the conclusion of an insurance contract.
Article 6. Participation of banks in the deposit insurance system
1. Participation in the deposit insurance system in accordance with this Federal Law is mandatory for all banks.
2. A bank is considered a participant in the deposit insurance system from the day it is registered until the day it is deregistered in the deposit insurance system in accordance with Article 28 of this Federal Law.
3. Banks are obliged:
1) pay insurance premiums to the mandatory deposit insurance fund (hereinafter referred to as insurance premiums);
2) provide depositors with information on their participation in the deposit insurance system, on the procedure and amounts for receiving compensation on deposits;
3) place information about the deposit insurance system in the bank's premises accessible to depositors, where depositors are serviced;
4) keep records of the bank's obligations to depositors, allowing the bank to form for any day a register of the bank's obligations to depositors in the form established by the Bank of Russia at the suggestion of the Agency;
5) perform other duties stipulated by this Federal Law.
Chapter 2
Article 7. Rights of depositors
1. Investors have the right:
1) receive compensation for deposits in the manner prescribed by this Federal Law;
2) report to the Agency about the facts of the delay by the bank in fulfilling obligations on deposits;
3) receive from the bank in which they place a deposit and from the Agency information on the participation of the bank in the deposit insurance system, on the procedure and amount of receiving compensation on deposits.
2. A depositor who has received compensation for deposits placed with the bank in respect of which an insured event has occurred, retains the right to claim against this bank for an amount determined as the difference between the amount of the depositor's claims against this bank and the amount of compensation paid to him on deposits in this bank. Satisfaction of such right of the depositor's claim to the bank is carried out in accordance with the civil legislation of the Russian Federation.
Article 8. Insured event
1. For the purposes of this Federal Law, one of the following circumstances shall be recognized as an insured event:
1) revocation (cancellation) of the license of the Bank of Russia for banking operations from the bank (hereinafter referred to as the license of the Bank of Russia) in accordance with the Federal Law “On Banks and Banking Activities”;
2) introduction by the Bank of Russia, in accordance with the legislation of the Russian Federation, of a moratorium on satisfying the claims of the bank's creditors.
2. An insured event is considered to have occurred from the date of entry into force of the act of the Bank of Russia on the revocation (cancellation) of the license of the Bank of Russia from the bank or the act of the Bank of Russia on the introduction of a moratorium on satisfying the claims of the bank's creditors.
Article 9
1. The depositor's right to claim compensation for deposits arises from the day the insured event occurs.
2. A person who has acquired from a depositor the right to claim on deposits after the occurrence of an insured event has no right to compensation for such deposits.
Article 10. Procedure for applying for reimbursement of deposits
1. A depositor (his representative) has the right to apply to the Agency with a claim for payment of compensation on deposits from the day the insured event occurs until the day the bankruptcy proceedings are completed, and if the Bank of Russia introduces a moratorium on satisfying creditors' claims - until the day the moratorium expires.
2. If the depositor misses the deadline for filing a claim for reimbursement of deposits, the period specified in paragraph 1 of this article, upon the application of the depositor, may be restored by the decision of the Board of the Agency in the presence of one of the following circumstances:
1) if the depositor's application for the payment of compensation on deposits was hindered by an extraordinary and unavoidable circumstance under the given conditions (force majeure);
2) if the depositor was (is) in military service by conscription or was (is) in the Armed Forces of the Russian Federation (other troops, military formations, bodies) transferred to martial law - for the period of such service (martial law);
3) if the reason for missing the specified period is related to the personality of the depositor (including his serious illness, helpless condition).
3. The decision of the Board of the Agency to refuse to restore the missed deadline for filing a claim for payment of compensation on deposits may be appealed by the depositor to the court.
4. When applying to the Agency with a request to pay compensation for deposits, the depositor shall submit:
1) an application in the form determined by the Agency;
2) documents proving his identity.
5. When applying to the Agency with a request to pay compensation for deposits, the representative of the depositor, along with the documents specified in clauses 1 and 2 of part 4 of this article, also submits a notarized power of attorney.
Article 11. Amount of compensation for deposits
1. The amount of compensation on deposits for each depositor is established on the basis of the amount of liabilities on deposits of the bank, in respect of which the insured event occurred, to this depositor. When calculating the amount of the bank's obligations to the depositor, only deposits insured in accordance with Article 5 of this Federal Law shall be taken into account.
2. Compensation for deposits is paid to the depositor in the amount of 100 percent of the amount of deposits in the bank in respect of which the insured event occurred, but not more than 100,000 rubles.
3. If a depositor has several deposits in one bank, the total amount of liabilities of which on these deposits to the depositor exceeds 100,000 rubles, compensation is paid for each of the deposits in proportion to their size.
4. If an insured event has occurred in relation to several banks in which the depositor has deposits, the amount of insurance compensation is calculated in relation to each bank separately.
5. The amount of compensation for deposits is calculated based on the amount of the balance of funds on the deposit (deposits) of the depositor in the bank at the end of the day the insured event occurs.
6. If the obligation of the bank in respect of which the insured event occurred to the depositor is expressed in foreign currency, the amount of compensation for deposits is calculated in the currency of the Russian Federation at the rate established by the Bank of Russia on the day of the insured event.
7. If the bank, in respect of which the insured event occurred, also acted as a creditor in relation to the depositor, the amount of compensation for deposits is determined based on the difference between the amount of the bank's obligations to the depositor and the amount of counterclaims of this bank against the depositor that arose before the day the insurance event occurred. case.
Article 12. Procedure for payment of compensation on deposits
1. The Agency, within seven days from the date of receipt from the bank in respect of which the insured event has occurred, sends the register of the bank's obligations to depositors to this bank, as well as for publication in the Bulletin of the Bank of Russia and the printed organ at the location of this bank, a message about the place , time, form and procedure for accepting applications from depositors for payment of compensation on deposits. Within a month from the date of receipt from the bank of the register of the bank's obligations to depositors, the Agency also sends a corresponding message to the depositors of the bank in respect of which the insured event occurred.
2. The depositor has the right to receive the information specified in paragraph 1 of this article directly from the bank in respect of which the insured event occurred, as well as from the Agency.
3. When a depositor (his representative) submits to the Agency the documents provided for by parts 4 and 5 of Article 10 of this Federal Law, the Agency shall submit to the depositor an extract from the register of the bank's obligations to depositors indicating the amount of compensation for its deposits.
4. The payment of compensation on deposits is made by the Agency in accordance with the register of bank obligations to depositors, formed by the bank in respect of which the insured event occurred, within three days from the date of submission by the depositor to the Agency of the documents provided for by Parts 4 and 5 of Article 10 of this Federal Law, but not earlier than 14 days from the date of occurrence of the insured event.
5. When paying compensation on deposits, the Agency shall provide the depositor with a certificate of the amounts paid and the deposits on which the compensation was carried out, and send a copy of it to the bank.
6. In case of non-payment due to the fault of the Agency of the agreed amount of compensation on deposits within the time limits established by this article, the Agency shall pay to the depositor interest on the amount of non-payment, calculated in the amount of the refinancing rate established by the Bank of Russia on the day the Agency actually pays compensation on deposits.
7. If the depositor disagrees with the amount of compensation on deposits to be paid, the Agency invites the depositor to submit additional documents to the Agency confirming the validity of his requirements, and sends them to the bank for consideration. Within 10 days from the date of receipt of these documents, the bank is obliged to send to the Agency a message on the results of consideration of the depositor's claims and, if necessary, on changes in the register of the bank's obligations to depositors.
8. After agreeing with the bank and the depositor on the amount of the bank's obligations, on the basis of additionally submitted documents, the Agency pays the depositor the amount of compensation on deposits in the prescribed manner.
9. In the event of restoration, in accordance with the procedure provided for by Parts 2 and 3 of Article 10 of this Federal Law, of the period for filing a claim for payment of compensation on deposits, the depositor shall have the right to receive compensation for deposits in the amount corresponding to the amount of the bank's obligations to it, indicated in the register of bank obligations in front of investors.
10. In case of disagreement with the amount of compensation payable on deposits, the depositor, in accordance with the legislation of the Russian Federation, has the right to apply to the court with a claim to establish the composition and amount of the relevant requirements, as well as the compensation payable on deposits.
11. Payment of compensation on deposits can be made at the request of the depositor both in cash and by transferring funds to a bank account indicated by the depositor.
12. Acceptance from depositors of applications for payment of compensation on deposits and other required documents, including those provided for by Parts 4 and 5 of Article 10 of this Federal Law and Part 7 of this Article, as well as the payment of compensation on deposits may be carried out by the Agency through agent banks acting on its behalf and at its expense. The procedure for interaction of agent banks with the Agency, including the norms for compensation of costs of agent banks, is established by the Board of Directors of the Agency. The procedure for the competitive selection of agent banks is established by the Board of Directors of the Agency in agreement with the federal antimonopoly authority.
13. Payment of compensation on deposits is made in the currency of the Russian Federation.
Article 13
1. The Agency that has paid the compensation on deposits shall, within the limits of the paid amount, transfer the right of claim that the depositor had against the bank in respect of which the insured event occurred.
2. In the course of bankruptcy proceedings in the bank in respect of which an insured event occurred, the claims transferred to the Agency as a result of payment of compensation on deposits to them are satisfied in the first place of creditors.
3. In bankruptcy cases of banks, the rights of claim against a bank transferred to the Agency as a result of payment of compensation on deposits are represented by the federal executive body authorized by the Government of the Russian Federation (hereinafter referred to as the authorized body).
4. After the Agency pays compensation on deposits, the authorized body takes measures to recover from the bank the amounts of debt to the Agency, to which it has acquired the right in accordance with parts 1 and 2 of this article, in the manner prescribed by the legislation of the Russian Federation. The amount of the collected debt is subject to transfer to the compulsory deposit insurance fund.
5. After the expiration of the moratorium on satisfying the claims of the bank's creditors established by the Bank of Russia, the Agency shall have the right to grant the bank, whose depositors were paid compensation on deposits, a deferral or installment plan for repaying the debt.
6. Debt repayment deferment may be granted for a period of up to six months with a lump sum payment of the debt amount.
7. An installment plan for debt repayment may be granted for a period of up to a year with a phased payment of the amount of the debt.
8. Interest is accrued on the amount of debt based on a rate equal to one second of the refinancing rate of the Bank of Russia that was in effect during the period of deferral or installment payment of debt.
Chapter 3. STATUS, PURPOSE OF ACTIVITIES AND AUTHORITIES
DEPOSIT INSURANCE AGENCIES
Article 14. Deposit Insurance Agency
1. In order to perform the functions of compulsory deposit insurance, the Deposit Insurance Agency is established.
2. The Agency is a state corporation established by the Russian Federation, the status, purpose of activity, functions and powers of which are determined by this Federal Law and Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations".
3. The Agency has a seal depicting the State Emblem of the Russian Federation and with its name.
4. The agency has an account with the Bank of Russia.
5. The location of the central bodies of the Agency is the city of Moscow.
Article 15. Purpose of activities and powers of the Agency
1. The purpose of the Agency's activities in accordance with this Federal Law is to ensure the functioning of the deposit insurance system.
2. When exercising the functions of compulsory deposit insurance, the Agency:
1) organizes accounting of banks (maintains a register of banks);
2) collects insurance premiums and controls their receipt by the mandatory deposit insurance fund;
3) takes measures to take into account the requirements of depositors to the bank and pay them compensation on deposits;
4) has the right to apply to the Bank of Russia with a proposal to apply to banks for violation of the requirements of this Federal Law the liability measures provided for in Article 74 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" (hereinafter - Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”) and Bank of Russia regulations;
5) places and (or) invests temporarily free funds of the obligatory deposit insurance fund in the manner prescribed by this Federal Law;
6) has the right to require banks to post information about the deposit insurance system and the bank's participation in it in the bank's premises accessible to depositors, where depositors are serviced;
7) determine the procedure for calculating insurance premiums in accordance with Article 36 of this Federal Law;
8) exercise other powers aimed at achieving the goals set for the Agency in accordance with this Federal Law.
3. The implementation by the Agency of the functions of compulsory insurance of deposits on the basis of this Federal Law does not require obtaining a license to carry out insurance activities.
Article 16 Property of the Agency
1. The property of the Agency is formed from the property contribution in accordance with Article 50 of this Federal Law, insurance premiums, as well as from the income received by the Agency from the placement of funds, funds from the issuance of issuance securities and other legal proceeds.
2. The Agency is not responsible for the obligations of the Russian Federation. The Russian Federation is not liable for the obligations of the Agency, unless otherwise provided by federal law.
3. The Agency uses its property to perform the functions provided for by this Federal Law.
Article 17 Management bodies of the Agency
The Agency's governing bodies are the Board of Directors of the Agency, the Board of the Agency and the General Director of the Agency.
Article 18. Board of Directors of the Agency
1. The supreme governing body of the Agency is the Board of Directors of the Agency. The Board of Directors of the Agency includes 13 members - seven representatives of the Government of the Russian Federation, five representatives of the Bank of Russia and the Director General of the Agency. The Director General of the Agency is a member of the Board of Directors of the Agency ex officio.
2. The Chairman of the Board of Directors of the Agency is elected by the Board of Directors of the Agency on the proposal of the Government of the Russian Federation.
3. Meetings of the Board of Directors of the Agency are convened by its chairman or at least one third of the members of the Board of Directors of the Agency as necessary, but at least once a quarter.
4. The Board of Directors of the Agency is authorized to make decisions if at least half of its members are present at the meeting. Decisions of the Board of Directors of the Agency are taken by a simple majority of votes of those present. In case of equality of the number of votes, the vote of the chairman of the meeting of the Board of Directors of the Agency is decisive.
5. A meeting of the Board of Directors of the Agency is held by the Chairman of the Board of Directors of the Agency, and in his absence by a person authorized by the Chairman of the Board of Directors of the Agency.
6. The minutes of the meeting of the Board of Directors of the Agency shall be signed by the person chairing the meeting of the Board of Directors of the Agency. The opinion of the members of the Board of Directors of the Agency, remaining in the minority in the voting, is recorded at their request in the minutes.
Article 19. Powers of the Board of Directors of the Agency
When exercising the functions of compulsory deposit insurance, the Board of Directors of the Agency:
1) approves the proposals of the Board of the Agency on the projected amount of expenditures from the federal budget to cover the deficit of the mandatory deposit insurance fund in the next year and sends them to the Government of the Russian Federation for inclusion in the draft federal law on the federal budget for the next year;
2) establishes the rate of insurance premiums;
3) determines the directions, conditions and procedure for placement and (or) investment of temporarily free funds of the Agency, as well as the maximum amount of placed and (or) invested funds;
4) makes a decision on the existence of a deficit in the mandatory deposit insurance fund and sends proposals on the procedure for its coverage in the event of an insured event to the Government of the Russian Federation no later than five days from the date of receipt of a notification from the Agency's Board;
5) make a decision on the transfer to the federal budget in accordance with the budgetary legislation of the Russian Federation of the federal budget funds received in accordance with this Federal Law after the restoration of the financial stability of the compulsory deposit insurance fund;
6) approve the procedure for calculating insurance premiums;
7) approve the annual report of the Agency;
8) approve the procedure for granting banks a deferral or installment plan for repayment of debts in the cases provided for by this Federal Law;
9) approves the cost estimate of the Agency;
10) approves organizational structure Agencies;
11) decide on the establishment of branches and on the opening of representative offices of the Agency;
12) appoints to office and dismisses from office CEO Agencies;
13) appoints and dismisses members of the Board of the Agency;
14) appoint the auditor of the Agency;
15) hears the reports of the Director General of the Agency on the activities of the Agency;
16) approve the regulations for the work of the Board of the Agency;
17) manages the activities of the internal audit service of the Agency;
18) decide on the issue by the Agency of bonds and other emissive securities;
19) exercise other powers provided for by this Federal Law.
Article 20. Board of the Agency
1. The quantitative composition of the Board of the Agency is determined by the Board of Directors of the Agency. The Director General of the Agency is a member of the Board of the Agency ex officio and manages the work of the Board of the Agency.
2. Members of the Board of the Agency, with the exception of the Director General of the Agency, are appointed for a term of five years by the Board of Directors of the Agency at the proposal of the Director General of the Agency.
3. Members of the Board of the Agency work in the Agency on a permanent basis.
4. Members of the Board of the Agency may be dismissed from office:
1) upon the expiration of the term of office specified in this article by the Director General of the Agency;
2) before the expiration of the term of office specified in this article by the Board of Directors of the Agency on the proposal of the Director General of the Agency.
5. The Board of the Agency acts on the basis of the Regulations of the Board of Directors of the Agency approved by the Board of Directors of the Agency, which establishes the terms and procedure for convening and holding its meetings, as well as the procedure for making decisions by it.
6. Minutes are kept at the meeting of the Board of the Agency. The minutes of the meeting of the Board of the Agency shall be submitted to the members of the Board of Directors of the Agency, external and internal auditors upon their request.
7. Meetings of the Board of the Agency are organized by the General Director of the Agency or a person authorized by him. The minutes of the meeting of the Board of the Agency shall be signed by the chairperson of the meeting of the Board and one of the members of the Board of the Agency who were present at the meeting.
Article 21. Powers of the Board of the Agency
When exercising the functions of compulsory deposit insurance, the Board of the Agency:
1) decide on the payment of compensation to depositors on deposits;
2) makes a decision to include the bank in the register of banks and to exclude the bank from the register of banks in the manner established by this Federal Law;
3) applies to the Bank of Russia with a proposal to apply liability measures to the bank in accordance with Article 74 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)";
4) submits for approval to the Board of Directors of the Agency proposals on the development of the deposit insurance system, directions, conditions and procedure for placement and (or) investment of temporarily free funds of the compulsory deposit insurance fund;
5) submits for approval to the Board of Directors of the Agency proposals on the size of the mandatory deposit insurance fund, sufficient to carry out the projected payments of compensation on deposits in the coming year, the projected amount of expenditures from the federal budget to cover the deficit of the mandatory deposit insurance fund in the coming year;
6) sends to the Board of Directors of the Agency a notice of the presence of a deficit of the compulsory deposit insurance fund based on the data of registers of banks' obligations to depositors, the formation of which is provided for by Clause 4 of Part 3 of Article 6 of this Federal Law, no later than three days from the date of receipt from the bank of the register of bank obligations to depositors in accordance with Part 1 of Article 30 of this Federal Law;
7) consider the annual report of the Agency and submit it for approval by the Board of Directors of the Agency;
8) submit proposals to the Board of Directors of the Agency on the use of the profits of the Agency;
9) approves staffing Agency, determines the terms of employment, dismissal, official duties and rights, the system of disciplinary sanctions, the amount and forms of remuneration of employees of the Agency;
10) exercise other powers provided for by this Federal Law, if they are not within the competence of the Board of Directors of the Agency.
Article 22 Director General of the Agency
1. The Director General of the Agency is appointed to the position by the Board of Directors of the Agency on the proposal of the Chairman of the Board of Directors of the Agency for a period of five years. The candidacy of the Director General of the Agency shall be submitted to the Board of Directors of the Agency one month before the expiration (end) of the term of office of the Director General of the Agency.
2. The Director General of the Agency may be dismissed by the Board of Directors of the Agency on the proposal of the Chairman of the Board of Directors of the Agency in the following cases:
1) expiration of the term of their powers;
2) submission of a personal resignation letter submitted to the Chairman of the Board of Directors of the Agency;
3) the commission of a criminally punishable act, established by a court verdict that has entered into force;
4) violations of federal laws that regulate relations related to the activities of the Agency.
Article 23. Powers of the Director General of the Agency
Director General of the Agency:
1) acts on behalf of the Agency and represents, without a power of attorney, its interests in relations with the authorities state power, organizations of foreign states and international organizations, other institutions and organizations;
2) heads the Board of the Agency and organizes the implementation of the decisions of the Board of the Agency;
3) issue orders and instructions on the activities of the Agency;
4) distribute duties among his deputies;
5) appoints and dismisses employees of the Agency;
6) makes decisions on other issues within the competence of the Agency, with the exception of issues within the competence of the Board of Directors of the Agency and the Management Board of the Agency.
Article 24. Reporting of the Agency
2. The annual report of the Agency is compiled annually no later than February 15 of the year following the reporting year and is approved by the Board of Directors of the Agency before March 15.
3. The Agency's annual report is sent to the Government of the Russian Federation and the Bank of Russia.
4. The summarized data of the Agency's annual report and its balance sheet are subject to mandatory publication in the Bulletin of the Bank of Russia and Rossiyskaya Gazeta.
5. The Agency's annual report includes:
1) a report on the activities of the Agency for the past reporting period with an analysis of the state of the deposit insurance system and the use of funds from the compulsory deposit insurance fund;
2) the annual balance sheet of the Agency;
3) cash flow statement of the compulsory deposit insurance fund;
4) statement of profits (losses) received from the placement and (or) investment of temporarily free funds of the Agency;
5) register of banks.
6. The reliability of the annual balance sheet of the Agency, the statement of cash flows of the compulsory deposit insurance fund, the statement of profits (losses) received from the placement and (or) investment of temporarily free funds of the Agency, is confirmed by an independent audit organization.
Article 25 Audit of the Agency
1. The Board of Directors of the Agency annually appoints an audit firm to audit the Agency's accounts.
2. The internal audit of the Agency is carried out by the internal audit service reporting to the Board of Directors of the Agency. The procedure for the formation and operation of the internal audit service is determined by the Board of Directors of the Agency.
3. The Board of Directors of the Agency has the right to make decisions on conducting extraordinary audits and revisions of the Agency.
Article 26. Reorganization and liquidation of the Agency
The Agency may be reorganized or liquidated on the basis of a federal law that determines the procedure for the reorganization or liquidation and use of the Agency's property.
Chapter 4. ORGANIZATIONAL BASES OF THE SYSTEM
DEPOSIT INSURANCE
Article 27
1. Federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, bodies of local self-government and the Bank of Russia shall not have the right to interfere in the activities of the Agency in the exercise of the functions and powers assigned to it by law.
2. The Agency and the Bank of Russia coordinate their activities and inform each other on the implementation of deposit insurance measures.
3. In order to provide information support for the operation of the deposit insurance system, the Bank of Russia sends the banks' reports and other necessary information to the Agency.
4. The Bank of Russia, no later than the business day following the day the relevant decision is made, informs the Agency:
1) on the issuance of a Bank of Russia permit to the bank;
2) on making a decision to conduct an audit of the bank at the suggestion of the Agency;
3) on the application by the Bank of Russia to the bank of liability measures in the form of imposing a ban (restriction) on attracting deposits from citizens, appointing a temporary administration to manage a credit institution, revoking (cancelling), as well as replacing the license of the Bank of Russia;
4) on reorganization of the bank;
5) on the introduction of a moratorium on satisfying the claims of the bank's creditors.
5. Not later than the business day following the day the relevant decision is made, the Agency informs the Bank of Russia:
1) on entering the bank into the register of banks and on exclusion of the bank from the said register;
2) on changing the rate of insurance premiums.
6. The Agency has the right to apply to the Bank of Russia with proposals:
1) on the inspection of the bank by the Bank of Russia. The procedure for the participation of the Agency's employees in such inspections, their rights and obligations shall be established by the Bank of Russia regulations in agreement with the Agency;
2) on the application by the Bank of Russia to the bank of liability measures provided for by federal laws, with the attachment of documents justifying the need to apply these measures.
7. The Bank of Russia informs the Agency about the decision to conduct an audit of the bank by the Bank of Russia and about the application of liability measures by the Bank of Russia to the bank within 15 days from the date of receipt of the relevant proposal.
Article 28 Register of banks
1. Registration of a bank in the deposit insurance system is carried out by the Agency by entering it into the register of banks on the basis of a notification from the Bank of Russia on the issuance of a Bank of Russia permit to the bank.
2. The Agency enters the bank into the register of banks on the day of receipt of the notification from the Bank of Russia specified in part 1 of this article.
3. The Bank is removed by the Agency from the register in the deposit insurance system by excluding it from the register of banks in the following cases:
1) revocation (cancellation) of the license of the Bank of Russia and completion by the Agency of the procedure for paying compensation on deposits established by this Federal Law;
2) termination of the right to attract deposits of funds from individuals and to open and maintain bank accounts of individuals in connection with the replacement of the license of the Bank of Russia and the fulfillment by the bank of its obligations to depositors. Simultaneously with the adoption of such a decision, the bank is obliged to notify all depositors of its withdrawal from the deposit insurance system;
3) termination of the bank's activities in connection with its reorganization.
4. Information on entering a bank into the register of banks and deleting a bank from the said register is subject to publication by the Agency in the Bulletin of the Bank of Russia and Rossiyskaya Gazeta. The procedure for maintaining the register of banks is established by the Agency.
5. The Agency sends information to the bank on its inclusion in the register of banks and on the exclusion of the bank from the specified register, on the procedure for calculating and paying insurance premiums no later than the day following the day the Agency makes the relevant decision, and also regularly provides the bank with other necessary information about the system deposit insurance.
6. No fee is charged for the bank's registration and deregistration in the deposit insurance system.
Article 29. Receipt by the Agency of bank statements and other information
1. The composition of bank statements and other information sent by the Bank of Russia to the Agency, as well as the deadline for sending, are determined by the Bank of Russia in agreement with the Agency.
2. Regarding the participation of banks in the deposit insurance system, the Agency may, on the basis of a reasoned request, writing receive clarifications from banks regarding information on the payment of insurance premiums by banks, on keeping records and compiling a register of the bank's obligations to depositors, on the depositor's obligations to the bank, and the fulfillment by the bank of other obligations provided for by this Federal Law. These clarifications are sent by banks to the Agency within 15 days from the date of receipt of the relevant request, unless the Agency determines a different deadline for their submission.
Article 30
1. The bank, in respect of which an insured event has occurred, within seven days from the date of the occurrence of this insured event, submits to the Agency a register of the bank's obligations to depositors, confirming the attraction of funds in deposits subject to insurance in accordance with this Federal Law.
2. If the bank satisfies (partially satisfies) the depositor's claim, including in the course of bankruptcy proceedings, the bank (bankruptcy manager) is obliged to send relevant information and documents to the Agency on the same day.
3. The Agency has the right to request and receive from the bank in respect of which the insured event occurred, additional information, including copies of documents, if the information provided by the said bank in accordance with paragraphs 1 and 2 of this Article is not sufficient for the implementation of measures to pay compensation on deposits. The bank in respect of which an insured event has occurred is obliged to provide the Agency with the required information within three working days from the date of receipt of the relevant request from the Agency.
4. The Agency weekly informs the bank in respect of which the insured event occurred, information about the depositors of this bank who received compensation for deposits, the amounts paid by the Agency, as well as about the deposits for which the reimbursement of deposits was carried out.
Article 31. Official, commercial and banking secrets
1. The Agency shall have the right to receive information constituting an official, commercial and banking secret of the bank, in respect of which an insured event has occurred, necessary for the performance by it of the functions established by this Federal Law.
2. The agency is obliged to provide information that has become known to it about the operations of the bank in respect of which the insured event occurred, on accounts and deposits, about its financial condition, as well as other information that is a commercial and banking secret of the specified bank, at the request of the court, as well as the Bank of Russia.
3. In case of disclosure by the Agency or its officials information constituting official, commercial and banking secrets, the Agency is obliged in accordance with the legislation of the Russian Federation to compensate for the losses caused to the person whose rights have been violated.
Article 32
The Bank of Russia invites the Agency's employees to participate in inspections of banks on issues related to the volume and structure of the obligations of these banks to depositors, the payment of insurance premiums, and the fulfillment by banks of other obligations established by this Federal Law.
Chapter 5. FINANCIAL BASES OF THE DEPOSIT INSURANCE SYSTEM
Article 33. Mandatory Deposit Insurance Fund
1. The Mandatory Deposit Insurance Fund is a set of funds and other property that are formed and used in accordance with this Federal Law.
2. The Mandatory Deposit Insurance Fund belongs to the Agency by right of ownership and is intended to finance the payment of compensation on deposits in the manner and on the terms established by this Federal Law.
3. The Mandatory Deposit Insurance Fund shall be separated from other property of the Agency. Separate accounting is maintained for the mandatory deposit insurance fund.
4. The funds of the mandatory deposit insurance fund are accounted for on a specially opened account of the Agency with the Bank of Russia. The Bank of Russia does not pay interest on the balance of funds in this account.
5. The mandatory deposit insurance fund may not be levied for the obligations of the Russian Federation, constituent entities of the Russian Federation, municipalities, banks, other third parties, as well as the Agency, except for cases when the Agency's obligations have arisen in connection with its failure to fulfill its obligations to pay compensation on deposits. Recovery from the fund of compulsory insurance of deposits for the obligations of the Agency, which arose in connection with the Agency's failure to fulfill its obligations to pay compensation for deposits, is carried out only on the basis of a judicial act.
Article 34
The Mandatory Deposit Insurance Fund is formed by:
1) insurance premiums paid in accordance with this Federal Law;
2) penalties for late and (or) incomplete payment of insurance premiums;
3) funds and other property received from satisfaction of the Agency's rights of claim, acquired as a result of payment of compensation on deposits;
4) funds from the federal budget in the cases provided for by this Federal Law;
5) income from the placement and (or) investment of temporarily free funds of the compulsory deposit insurance fund;
6) initial property contribution in accordance with Article 50 of this Federal Law;
7) other income not prohibited by the legislation of the Russian Federation.
Article 35. Insurance premiums
1. Insurance premiums are the same for all banks and are payable by the bank from the day the bank is entered in the register of banks and until the day the license of the Bank of Russia is revoked (cancelled) or until the day the bank is excluded from the register of banks in accordance with paragraphs 2 and 3 of part 3 of Article 28 of this Federal law.
2. The first settlement period for payment of insurance premiums is the period from the date of entering the bank into the register of banks until the day of the end of the calendar quarter, inclusive, in which the bank was entered into the register of banks.
3. The introduction by the Bank of Russia of a moratorium on satisfying the claims of the bank's creditors suspends the bank's obligation to pay insurance premiums for the duration of the said moratorium. In this case, the bank is obliged to pay insurance premiums for the billing period during which the specified moratorium is introduced, inclusive up to the day preceding the introduction of this moratorium.
Article 36. Procedure for calculating and paying insurance premiums
1. The settlement period for paying insurance premiums is a calendar quarter of the year.
2. The calculation base for calculating insurance premiums (hereinafter referred to as the calculation base) is defined as the chronological average for the settlement period of daily balance sheet balances in deposit accounts, with the exception of funds in deposits that are not subject to insurance in accordance with this Federal Law.
3. For deposits in foreign currency, daily balance sheet balances are determined in the currency of the Russian Federation at the official rate set by the Bank of Russia on a daily basis.
4. The rate of insurance premiums cannot exceed 0.15 percent of the calculation base for the last calculation period.
5. In the cases provided for by this Federal Law, the insurance premium rate may be increased to 0.3 percent of the calculation base, but not more than for two calculation periods within 18 months.
6. The rate of insurance premiums may not exceed 0.05 percent of the calculation base from the billing period following the billing period in which the amount of the funds of the compulsory deposit insurance fund, including the funds invested by the Agency in the manner established by this Federal Law, exceeds 5 percent total amount deposits in banks.
7. The rate of insurance premiums is established by the Board of Directors of the Agency. When changing the rate of insurance premiums, the new rate of insurance premiums is introduced no earlier than 45 days after the adoption of the relevant decision.
8. The decision to establish the rate of insurance premiums is published in the Bulletin of the Bank of Russia and Rossiyskaya Gazeta no later than five days from the date of its adoption.
9. The procedure for calculating the calculation base is established by the Agency. In the event of a change in the specified procedure, the new procedure for calculating the calculation base shall be applied from the next calculation period. In this case, the new procedure for calculating the settlement base must be brought to the attention of banks no later than 30 days before the start of the new settlement period.
10. Calculation of insurance premiums is carried out by banks independently.
11. Payment of insurance premiums is made within five days from the end of the billing period by transferring funds to the Agency's account with the Bank of Russia, which records the funds of the compulsory deposit insurance fund.
12. The obligation to pay insurance premiums is considered fulfilled by the bank from the moment the funds are debited from the bank's correspondent account with the Bank of Russia.
13. The amount of the overpaid insurance premium is subject to offset against future payments or refund in the event of termination in accordance with Article 35 of this Federal Law of the bank's obligation to pay insurance premiums.
14. Payment of insurance premiums is carried out in the currency of the Russian Federation.
15. The payment of insurance premiums is automatically suspended by banks from the billing period following the billing period in which the amount of funds of the compulsory deposit insurance fund, including funds invested by the Agency in the manner prescribed by this Federal Law, exceeds 10 percent of the total amount of deposits in banks.
16. The payment of insurance premiums is automatically resumed by banks from the billing period following the billing period in which the amount of the funds of the compulsory deposit insurance fund, including the funds invested by the Agency in the manner established by this Federal Law, will be less than 10 percent of the total amount of deposits in banks .
Article 37. Ensuring the fulfillment of the obligation to pay insurance premiums
1. For late or incomplete payment of insurance premiums, banks that have committed the said violation shall pay penalties.
2. Fines shall be recognized as the amount of money established by this article, which the bank must pay in excess of insurance premiums if the latter are paid at a later date than the deadlines established by this Federal Law.
3. The Agency has the right to require banks to transfer unpaid insurance premiums and accrued penalties and to inform the Bank of Russia of the fact of non-payment.
4. Penalties are accrued for each calendar day of delay starting from the day following the established day of payment of insurance premiums.
5. Penalties for each calendar day of delay are set as a percentage of the timely unpaid amount of insurance premiums. Interest rate penalty for one calendar day of delay corresponds to the refinancing rate of the Bank of Russia in force in the relevant period, divided by 360 calendar days.
6. Recovery of amounts of unfulfilled obligations of banks to pay insurance premiums, as well as penalties, is carried out by the Agency in a judicial proceeding. The specified amounts of money shall be credited to the account of the Agency for Accounting for Funds of the Compulsory Deposit Insurance Fund.
Article 38
1. Placement and (or) investment of temporarily free funds of the compulsory deposit insurance fund is carried out in order to develop the deposit insurance system on the principles of repayment, profitability and liquidity of financial instruments acquired by the Agency.
2. Directions, procedure and conditions for placement and (or) investment of temporarily free funds of the compulsory deposit insurance fund, as well as the maximum amount of placed and (or) invested temporarily free funds are annually determined by the Board of Directors of the Agency.
3. Temporarily free funds of the compulsory deposit insurance fund may be placed and (or) invested:
1) into government securities of the Russian Federation;
2) into government securities of constituent entities of the Russian Federation;
3) in bonds of Russian issuers, with the exception of those specified in paragraphs 1 and 2 of this part;
4) into shares of Russian issuers established in the form of open joint stock companies;
5) in units (shares, shares) of index investment funds placing funds in government securities of foreign states, bonds and shares of other foreign issuers;
6) into mortgage-backed securities issued in accordance with the legislation of the Russian Federation on mortgage-backed securities;
7) into securities of states that are members of the Organization for Economic Cooperation and Development;
8) in deposits and securities of the Bank of Russia.
4. It is not allowed to place temporarily free cash resources of the compulsory deposit insurance fund in other investment objects not expressly provided for by this Federal Law.
5. Temporarily free funds of the compulsory deposit insurance fund cannot be used to purchase securities of issuers in respect of which pre-trial resolution measures are being taken, or bankruptcy proceedings (supervision, temporary (external) management, bankruptcy proceedings) have been initiated in accordance with the legislation of the Russian Federation bankruptcy filing or such procedures have been in place for the previous two years.
6. Placement of temporarily free funds of the fund of compulsory insurance of deposits in securities is allowed only:
1) if they circulate on the securities market or are specially issued by the Government of the Russian Federation for the placement of funds of institutional investors, - for the securities specified in Clause 1 of Part 3 of this Article;
2) if they circulate on the organized securities market and meet the criteria established by the federal executive body authorized by the Government of the Russian Federation - for the securities specified in clauses 2-4 and 6 of part 3 of this article.
7. The use of futures transactions (purchase of options on securities, conclusion of futures and forward contracts) is allowed solely for the purpose of insurance (hedging) risks in the manner prescribed by the legislation of the Russian Federation.
8. Financial instruments acquired at the expense of the funds of the mandatory deposit insurance fund are its integral part and are reflected on the balance sheet on which this fund is recorded.
The funds of the compulsory deposit insurance fund shall be directed by the Agency to finance the payment of compensation on deposits, as well as expenses related to the implementation of the functions of compulsory deposit insurance, and other purposes in accordance with this Federal Law.
Article 40 Financing of the Agency's Expenses
1. The expenses of the Agency for carrying out activities related to the activities of compulsory insurance of deposits are carried out at the expense of the property of the Agency.
2. In case of insufficiency of the said property, the financing of measures related to the activities of compulsory deposit insurance may be carried out at the proposal of the Board of Directors of the Agency at the expense of the reserve fund of the Government of the Russian Federation.
Article 41. Ensuring the financial stability of the deposit insurance system
(as amended by Federal Law No. 197-FZ of December 29, 2004)
1. The financial stability of the deposit insurance system is ensured by the property of the Agency and the funds of the federal budget in the manner and on the terms established by this Federal Law and the budgetary legislation of the Russian Federation.
2. To ensure the financial stability of the deposit insurance system, the federal law on the federal budget for the corresponding year establishes the right of the Government of the Russian Federation to issue budget credits and borrow, the maximum amount of such borrowing, as well as the maximum amount of the corresponding federal budget expenditures.
3. If the Board of Directors of the Agency confirms the decision of the Board of the Agency on the impossibility of reimbursement of deposits within the terms established by this Federal Law without replenishing the mandatory deposit insurance fund at the expense of additional funds (excluding insurance premiums and other planned receipts), the Board of Directors of the Agency on time, not exceeding seven calendar days after the occurrence of an insured event, takes one of the following decisions:
1) apply to the Government of the Russian Federation with a request to allocate appropriate funds to the Agency in the form of a budget loan, if the deficit of the mandatory deposit insurance fund calculated by the Agency's Board is no more than 1 billion rubles. The Government of the Russian Federation shall make a relevant decision within a period not exceeding seven calendar days;
2) apply to the Government of the Russian Federation with a request to allocate additional funds to the Agency from the federal budget, if the deficit of the mandatory deposit insurance fund calculated by the Agency's Board exceeds 1 billion rubles. If it is impossible to allocate these funds, the Government of the Russian Federation, within the framework of its powers, contributes to State Duma of the Federal Assembly of the Russian Federation a draft federal law on the introduction of appropriate amendments to the federal law on the federal budget for the corresponding year within a period not exceeding seven calendar days from the date of receipt of the request from the Board of Directors of the Agency.
4. In order to restore the mandatory deposit insurance fund, the Board of Directors of the Agency may establish an increased rate of insurance premiums in accordance with this Federal Law.
Article 42. Control over the functioning of the deposit insurance system
1. Control over the functioning of the deposit insurance system is carried out by the Government of the Russian Federation and the Bank of Russia through the participation of their representatives in the management bodies of the Agency.
2. The Board of Directors of the Agency annually, on a competitive basis, determines an audit organization to audit the use by the Agency of the mandatory deposit insurance fund.
3. Control over the spending of federal budget funds directed to the compulsory deposit insurance fund shall be carried out in the manner determined for the use of federal budget funds.
Chapter 6. FINAL AND TRANSITIONAL PROVISIONS
Article 43
1. A bank that has the permission of the Bank of Russia as of the day this Federal Law enters into force shall be registered in the deposit insurance system by entering it into the register of banks by the Agency on the basis of a notification from the Bank of Russia that it has issued a positive opinion on the bank's compliance with the requirements established by Article 44 of this Federal Law (hereinafter referred to as the requirements for participation in the deposit insurance system).
2. The Agency enters the bank into the register of banks no later than the next business day from the date of receipt of the notification from the Bank of Russia specified in part 1 of this article.
3. Deposits in a bank authorized by the Bank of Russia as of the day this Federal Law enters into force shall be subject to insurance in accordance with the procedure established by this Federal Law from the date of its registration in the deposit insurance system.
Article 44
1. A bank that has the permission of the Bank of Russia on the day this Federal Law enters into force shall be recognized as meeting the requirements for participation in the deposit insurance system if it simultaneously meets the following conditions:
1) if the accounting and reporting of the bank are recognized by the Bank of Russia as reliable;
2) if the bank complies with the mandatory ratios established by the Bank of Russia;
3) if the financial stability of the bank is recognized by the Bank of Russia as sufficient;
4) if the measures provided for by Article 74 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", Article 20 of the Federal Law "On Banks and Banking Activity", Article 3 of the Federal Law of February 25, 1999 N 40-FZ "On Insolvency (bankruptcy) of credit institutions”, do not apply to the bank, and there are no grounds for their application based on the results of a thematic inspection audit conducted in accordance with Part 4 of Article 45 of this Federal Law.
2. Accounting and reporting of a bank shall be recognized by the Bank of Russia as reliable if at the same time:
1) accounting and reporting of the bank comply with federal laws, norms and rules established by the Bank of Russia, its own accounting policy jar;
2) possible shortcomings or errors in the state of accounting or reporting of the bank do not significantly affect the assessment of its financial stability.
3. The Bank of Russia's financial stability is assessed by the Bank of Russia according to the groups of indicators specified in Part 4 of this article, with the determination of the general result of "satisfactory" or "unsatisfactory" for each of them, and is recognized by the Bank of Russia as sufficient if there is a "satisfactory" result for all groups of indicators.
4. The following groups of indicators are used to assess the financial stability of a bank:
1) a group of indicators for assessing capital, including indicators for assessing the adequacy and quality of capital;
2) a group of indicators for assessing assets, including indicators of the quality of debt on loans and other assets, the amount of provisions for losses on loans and other assets, the degree of concentration of risks on assets, including the amount of credit risks for shareholders (participants) and insiders;
3) a group of indicators for assessing the quality of bank management, its operations and risks, including indicators of the transparency of the ownership structure, the organization of the risk management system, including control over the size of the currency position, the internal control service, including the system for combating the legalization of illegal income and the financing of terrorism;
4) a group of indicators for evaluating profitability, including indicators of return on assets and capital, the structure of income and expenses, the profitability of certain types of operations and the bank as a whole;
5) a group of indicators for assessing liquidity, including indicators of the liquidity of assets, liquidity and the structure of liabilities, the overall liquidity of the bank, the risk to large creditors and depositors.
5. The composition of the indicators specified in this article, the methods of their calculation and the determination of the summary result for them shall be established by the Bank of Russia regulations and published by the Bank of Russia in the Bulletin of the Bank of Russia no later than one month from the date of entry into force of this Federal Law.
Article 45
1. A bank that has the permission of the Bank of Russia as of the date of entry into force of this Federal Law and has made a decision to participate in the deposit insurance system may, within a period not exceeding six months from the date of entry into force of this Federal Law, submit to the Bank of Russia an application for issuing the Bank of Russia's opinion on the bank's compliance with the requirements for participation in the deposit insurance system (hereinafter also referred to as the opinion).
2. The Bank of Russia issues an opinion within a period not exceeding nine months from the date of receipt by the Bank of Russia of the bank's petition for the Bank of Russia to issue an opinion (hereinafter also referred to as the "petition").
3. Consideration by the Bank of Russia of banks' applications and the issuance of opinions on them must be completed within a period not exceeding 15 months from the date this Federal Law enters into force.
4. Consideration by the Bank of Russia of an application consists of the following stages:
1) preliminary analysis of the bank's compliance with the requirements for participation in the deposit insurance system;
2) a thematic inspection to assess the reliability of accounting and reporting, as well as to establish facts that are related to determining the bank's compliance with the requirements for participation in the deposit insurance system and which cannot be obtained by remote supervision methods;
3) final analysis of the results, including the calculation of the values of all criteria;
4) issuance of a positive or negative opinion.
5. Thematic inspections conducted in accordance with this Federal Law are not subject to Parts 5 and 6 of Article 73 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".
6. If the Bank of Russia issues a negative opinion, the bank shall have the right, after the identified inconsistencies have been eliminated, to submit a second application to the Bank of Russia, except for cases where there are grounds for revoking the license of the Bank of Russia from the bank in accordance with the legislation of the Russian Federation.
7. A repeated application shall be submitted by the bank within a period not exceeding 16 months from the date of entry into force of this Federal Law.
8. Consideration by the Bank of Russia of a repeated application and the issuance of an opinion on it must be completed within a period not exceeding 21 months from the date this Federal Law enters into force.
9. A bank shall not submit an application to the Bank of Russia more than twice.
10. An opinion is issued by the Banking Supervision Committee of the Bank of Russia.
11. The Bank of Russia sends to the bank a decision on issuing a positive or negative opinion not later than the next business day after the day of its issuance.
12. The bank, within one month from the day the Bank of Russia issues a negative opinion based on the results of consideration of the repeated application, has the right to appeal this opinion to the Banking Supervision Committee of the Bank of Russia, and if it confirms the negative opinion, appeal again to the Chairman of the Bank of Russia within a month after such confirmation.
13. The Banking Supervision Committee of the Bank of Russia and the Chairman of the Bank of Russia consider the bank's application to appeal the negative opinion within a month.
14. The procedure for consideration by the Bank of Russia of a petition and an application for appealing against a negative opinion shall be established by Bank of Russia regulations and published by the Bank of Russia in the Bulletin of the Bank of Russia no later than one month after the entry into force of this Federal Law.
15. The Bank of Russia sends the Agency a notice of a positive opinion no later than the next business day following the day it was issued.
Article 46
1. For the purposes of this Federal Law, the refusal of a bank to participate in the deposit insurance system is recognized as:
1) failure by the bank to submit an application to the Bank of Russia within six months from the date of entry into force of this Federal Law;
2) sending by the bank to the Bank of Russia of an application to refuse to attract funds from individuals to deposits, open and maintain bank accounts of individuals.
2. The Bank of Russia in relation to banks that have refused, in accordance with Part 1 of this article, to participate in the deposit insurance system:
1) after 21 months from the date of entry into force of this Federal Law, it is obliged to introduce a ban on attracting funds from individuals to deposits and opening bank accounts of individuals, which is valid until the date of termination of the bank's right to work with deposits in the manner established by this Federal Law and the regulations of the Bank of Russia adopted in accordance with it, or until the day the license of the Bank of Russia is revoked from the bank;
2) from the moment when the bank is recognized as having refused to participate in the deposit insurance system, but no later than 21 months from the date of entry into force of this Federal Law, sends a request for the bank to submit an application for termination of the right to work with deposits.
3. Banks to which, in accordance with part 2 of this article, the specified requirement of the Bank of Russia was sent, are obliged to send to the Bank of Russia, in accordance with the procedure established by the Bank of Russia regulations, an application for termination of the right to work with deposits within a month.
4. Banks that have sent an application to the Bank of Russia to terminate the right to work with deposits, from the date of sending the said application, shall not have the right to attract funds from individuals to deposits, as well as credit additional funds to accounts on deposits of individuals with whom the agreement was concluded. bank deposit agreement or bank account agreement, prior to sending such an application. Information about this must be posted in the premises of the bank accessible to customers, where depositors are serviced, on the day the said application is sent to the Bank of Russia.
5. A bank deposit agreement or a bank account agreement with individuals entered into by a bank prior to the day the Bank of Russia banned the attraction of funds from individuals into deposits and the opening of bank accounts of individuals is not subject to termination, except in the event that the owner of the deposit (account) request to terminate the relevant contract. Additional funds, with the exception of interest accrued in accordance with the terms of the bank deposit agreement or bank account agreement, are not credited to the deposit (to the account) and are subject to return to the persons who gave the instruction to credit the funds to the deposit (to the account).
6. On the day the Bank of Russia introduces, in accordance with Part 2 of this article, a ban on taking deposits of individuals' funds and opening bank accounts of individuals, they are obliged to post information on the termination of the right to attract individuals' funds to deposits and (or) accounts, on the termination of the right to conclude new bank deposit agreements or bank account agreements with individuals, as well as information on the prohibition of crediting additional funds to deposits and (or) to accounts opened with a bank before the day the ban was introduced by the Bank of Russia, in the premises of the bank accessible to customers in which depositors are serviced.
7. If a bank fails to fulfill its obligations established by parts 3-6 of this article, the Bank of Russia applies to it the liability measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", the Federal Law "On Banks and Banking Activity" and other federal laws.
Article 47
1. For the purposes of this Federal Law, a bank that has the permission of the Bank of Russia on the day this Federal Law enters into force shall be recognized as not meeting the requirements for participation in the deposit insurance system if:
1) failure to submit a repeated application to the Bank of Russia in accordance with the procedure established by Parts 6–8 of Article 45 of this Federal Law;
2) issuance by the Bank of Russia of a negative opinion based on the results of consideration by the Bank of Russia of the repeated application of the bank and applications for appealing against the negative opinion.
2. The Bank of Russia, within a month after the issuance of a negative opinion based on the results of consideration of a repeated application, or within a month after the expiration of the period for sending a repeated application by the bank, or within a month after a decision is made on the immutability of a negative opinion following the results of consideration of applications for appealing a negative opinion, is obliged :
3. Bank, recognized by the Bank Russia that does not meet the requirements for participation in the deposit insurance system in accordance with part 1 of this article, is obliged within a month from the date of the introduction by the Bank of Russia of a ban on attracting funds from individuals to deposits and opening bank accounts of individuals based on the results of its re-audit or upon the expiry of the term for the bank to send a second application, send to the Bank of Russia, in accordance with the procedure established by the regulations of the Bank of Russia, an application for termination of the right to work with deposits.
4. A bank deposit agreement or a bank account agreement with individuals entered into by a bank prior to the date on which the said ban was introduced by the Bank of Russia shall not be subject to termination, unless the owner of the deposit (account) applies for termination of the respective agreement. Additional funds received on a deposit (account) from the day the Bank of Russia introduced the above prohibition, with the exception of interest accrued in accordance with the terms of a bank deposit agreement or a bank account agreement, are not credited and are subject to return to persons who have given an instruction to credit funds funds to the deposit (to the account).
5. Banks, in respect of which, in accordance with Part 2 of this article, the Bank of Russia has introduced a ban on taking deposits of funds from individuals and opening bank accounts of individuals, are obliged, no later than the business day following the day the said ban is introduced, to post information on the termination the right to attract funds from individuals to deposits and (or) accounts, to terminate the right to conclude new bank deposit agreements or bank account agreements with individuals, as well as information on the prohibition of crediting additional funds to deposits and (or) accounts, opened in the bank until the day of receipt of the said order, in the premises of the bank accessible to customers, where depositors are serviced.
6. If a bank fails to fulfill its obligations established by parts 3-5 of this article, the Bank of Russia applies to it the liability measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", the Federal Law "On Banks and Banking Activities" and other federal laws.
Article 48
1. Banks included in the register of banks must comply with the requirements for participation in the deposit insurance system.
2. The Bank of Russia, in accordance with the legislation of the Russian Federation, supervises the compliance of banks with the requirements specified in Part 1 of this Article.
3. If a bank fails to meet the requirements for participation in the deposit insurance system for three consecutive months, the Bank of Russia shall:
1) send a request for the specified bank to submit an application for termination of the right to work with deposits;
2) introduce a ban on attracting funds from individuals to deposits and opening bank accounts of individuals, which is valid until the day the bank's right to work with deposits is terminated in the manner established by this Federal Law and Bank of Russia regulations adopted in accordance with it, or until day of revocation of the bank's license from the Bank of Russia.
4. A bank recognized by the Bank of Russia as not complying with the requirements for participation in the deposit insurance system within the period established by part 3 of this article is obliged, within a month from the date of the introduction by the Bank of Russia of a ban on attracting funds from individuals to deposits and opening bank accounts of individuals send to the Bank of Russia, in accordance with the procedure established by Bank of Russia regulations, a petition to terminate the right to work with deposits.
5. A bank deposit agreement or a bank account agreement entered into by a bank with individuals prior to the date of the introduction of the said ban by the Bank of Russia shall not be subject to termination, except in the event that the owner of the deposit (account) applies for termination of the respective agreement. Additional funds received on a deposit (account) from the day the Bank of Russia introduced the above prohibition, with the exception of interest accrued in accordance with the terms of a bank deposit agreement or a bank account agreement, are not credited and are subject to return to persons who have given an instruction to credit funds funds to the deposit (to the account).
6. Banks, in respect of which, in accordance with Part 3 of this article, the Bank of Russia has introduced a ban on taking deposits from individuals and opening bank accounts of individuals, are obliged, no later than the business day following the day the said ban is introduced, to post information on the termination of the right to attract funds from individuals to deposits and (or) accounts, to terminate the right to conclude new bank deposit agreements or bank account agreements with individuals, as well as information on the prohibition of crediting additional funds to deposits and (or) accounts, opened in the bank until the day of receipt of the said order, in the premises of the bank accessible to customers, where depositors are serviced.
7. If the bank fails to fulfill the obligations established by parts 4-6 of this article, the Bank of Russia applies to it the measures of responsibility provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", the Federal Law "On Banks and Banking Activity" and other federal laws.
8. A bank that has refused to participate in the deposit insurance system in accordance with Article 46 of this Federal Law shall have the right to apply for a permit from the Bank of Russia or the lifting of a ban on taking deposits from individuals and opening bank accounts of individuals not earlier than two years from date of entry into force of this Federal Law.
9. A bank in respect of which, in accordance with Article 47 of this Federal Law, a negative opinion has been issued on compliance with the requirements for participation in the deposit insurance system, or which, in accordance with this Article, has been recognized as not complying with such requirements, shall have the right to apply again for the issuance of a permit by the Bank of Russia or the withdrawal of a ban on attracting funds from individuals to deposits and opening bank accounts of individuals not earlier than two years from the date of termination of the right to work with deposits.
Article 49
(as amended by Federal Law No. 106-FZ of 20.08.2004)
Return of deposits of individuals in the amount exceeding the amounts specified by this Federal Law for deposits in credit institutions in whose capital the Bank of Russia participates, under bank deposit agreements or bank account agreements concluded before October 1, 2004, if no any changes and additions after September 30, 2004, are secured by the subsidiary liability of the Russian Federation for the requirements of the depositor to the bank in the manner prescribed by Article 399 of the Civil Code of the Russian Federation, until January 1, 2007.
Article 50
1. The property contribution of the Russian Federation to the property of the Agency is carried out by transferring to it by the state corporation "Agency for the Restructuring of Credit Organizations" 3 billion rubles. Of this amount, 2 billion rubles are directed to the mandatory deposit insurance fund and 1 billion rubles - to form the sources of the Agency's expenses for carrying out the activities provided for by this Federal Law.
2. The property contribution specified in part 1 of this article shall be made in cash and (or) government securities of the Russian Federation with their assessment at market value within six months from the date of entry into force of this Federal Law.
3. Funds received by the state corporation "Agency for the Restructuring of Credit Institutions" upon completion of measures for the restructuring of credit institutions are transferred in accordance with the decisions of its board of directors to the ownership of the Agency as a property contribution to the Russian Federation.
Article 51
1. This Federal Law shall enter into force on the day of its official publication.
2. The Government of the Russian Federation and the Bank of Russia, within ten days from the date of entry into force of this Federal Law, to nominate their representatives to the Board of Directors of the Agency.
The president
Russian Federation
V. PUTIN
The material was prepared using legal acts as of March 5, 2012
This publication is an article-by-article commentary to the Federal Law of December 23, 2003 N 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation".
The text of this Federal Law is given with all latest changes and additions. This commentary reveals and explains in detail the provisions of each paragraph of the articles of this Law.
The commentary is intended for employees of the legal field of activity: legal advisers of organizations, lawyers, employees of the judiciary. It will also be of interest to students, graduate students and teachers of law schools and faculties.
In preparing this publication, acts of legislation and regulatory legal acts as of March 5, 2012 were used.
RUSSIAN FEDERATION
THE FEDERAL LAW
ON INSURANCE OF DEPOSITS OF INDIVIDUALS IN BANKS OF THE RUSSIAN FEDERATION
(as amended by Federal Laws No. 106-FZ of 20.08.2004, No. 197-FZ of 29.12.2004, No. 132-FZ of 20.10.2005, No. 150-FZ of 27.07.2006, No. 34-FZ of 13.03.2007 , dated 13.10.2008 N 174-FZ, dated 22.12.2008 N 270-FZ, dated 25.11.2009 N 281-FZ, dated 29.12.2010 N 437-FZ (as amended on 03.12.2011), dated 06.27.2011 N 162-FZ, dated 11.07.2011 N 171-FZ, as amended by Federal Laws dated 27.10.2008 N 175-FZ, dated 27.09.2009 N 227-FZ)
Commentary on the Preamble
The commented Law was adopted in 2003 and since that time in the Russian Federation, as in many foreign countries, the mandatory system began to work. From that moment on, depositors could be sure that their savings would be insured and returned. During the validity of the Law, the amount of insurance compensation has changed upward several times, which allows us to say that the state takes into account the needs of the population in increasing its deposits. The financial and banking crises over the past twenty years have demonstrated how important it is to introduce a savings guarantee system in Russia. Adopted Law established the legal, financial and organizational framework for DIS, the procedure for paying compensation on deposits, the amount of insurance compensation, the procedure for admitting banks to DIS, the procedure for the formation and operation of an organization that performs the functions of deposit insurance (DIA). In addition, Law N 177-FZ regulates relations between banks, the DIA, the Bank of Russia in the field of relations on compulsory deposit insurance.
Chapter 1.
Article 1
Article 2. Basic concepts used in this Federal Law
Article 3. Basic principles of the deposit insurance system
Article 4. Participants of the deposit insurance system
Article 5. Deposits insured in accordance with this Federal Law
Article 6. Participation of banks in the deposit insurance system
Chapter 2
Article 7. Rights of depositors
Article 8. Insured event
Article 9
Article 10. Procedure for applying for reimbursement of deposits
Article 11. Amount of compensation for deposits
Article 12. Procedure for payment of compensation on deposits
Article 13
Chapter 3
Article 14. Deposit Insurance Agency
Article 15. Purpose of activities and powers of the Agency
Article 16 Property of the Agency
Article 17 Management bodies of the Agency
Article 18. Board of Directors of the Agency
Article 19. Powers of the Board of Directors of the Agency
Article 20. Board of the Agency
Article 21. Powers of the Board of the Agency
Article 22 Director General of the Agency
Article 23. Powers of the Director General of the Agency
Article 24. Reporting of the Agency
Article 25 Audit of the Agency
Article 26. Reorganization and liquidation of the Agency
Chapter 4
Article 27
Article 28 Register of banks
Article 29. Receipt by the Agency of bank statements and other information
Article 30
Article 31. Official, commercial and banking secrets
Article 32
Chapter 5
Article 33. Mandatory Deposit Insurance Fund
Article 34
Article 35. Insurance premiums
Article 36. Procedure for calculating and paying insurance premiums
Article 37. Ensuring the fulfillment of the obligation to pay insurance premiums
Article 38
Article 39
Article 40 Financing of the Agency's Expenses
Article 41. Ensuring the financial stability of the deposit insurance system
Article 42. Control over the functioning of the deposit insurance system
Chapter 6
Article 43
Article 44. Requirements for participation in the deposit insurance system of banks
Article 45
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Imagine a situation - a citizen works hard, saving part of his earnings for many years in order to afford a decent old age or provide his children with financial well-being in the future. And then he learns that the bank, in which he carried his money for many years, is being closed. Do you think that his money was gone and his labors were in vain? Not at all! After all, each deposit of an individual is reliably protected by the laws of the Russian Federation.
Federal Law No. 177 FZ dated December 23, 2003 is detailed description(6 chapters, consisting of 51 articles) procedures for insuring deposits of individuals in banks. It has been operating for a long time - FZ 177 was adopted back in November 2003 and approved by the Federation Council in December. It has been operating this way for more than thirteen years. It was created for the purpose of compulsory insurance of deposits. Thus, it protects the investments of individuals from the ruin of the bank itself. The deposit insurance law clearly states that every deposit made by an individual must be insured on a mandatory basis. To understand the purpose and meaning of this law, it is necessary to consider in detail the procedure for protecting deposits of individuals.
Why insure a deposit?
The purpose of insuring deposits of individuals in banks is to reduce monetary losses in the event of a bank failure or revocation of its license for various reasons. So that huge investments of individuals do not disappear along with the bank itself, Russia has a mandatory procedure for insuring these deposits. At the same time, it is not the citizen himself who is engaged in deposit insurance, but the bank itself - the citizen is not required to sign additional papers or provide additional documents.
This federal law clearly states that absolutely any contribution made by absolutely any individual is subject to insurance. Whoever the citizen is and no matter what amount he has contributed, his contribution must be insured against loss in the event of the bank closing.
- The list of funds that are not subject to insurance is quite wide. It includes the following:
- Deposits open for professional activities. These include contributions from lawyers or notaries;
- Deposits opened by a third party to a bearer;
- Any money invested in a bank or placed at its disposal;
- Deposits made in a bank abroad;
- Simple money transfers or bank payments;
- Other impersonal cash deposits (in metals, electronic and others).
Closing the bank: getting compensation
If, upon revocation of a license or closing, a citizen loses his deposit in the bank, then he receives compensation from the insurance organization. Its minimum size is equal to the amount of the deposit itself, but the maximum one already has restrictions and amounts to one million four hundred thousand rubles. In this case, it is the maximum compensation that is issued in the first place..
The fixed amount of 1,400,000 rubles was not always such. It has changed significantly since the adoption of the law. The changes were as follows:
- From 2003 to 2006 they amounted to 100,000 rubles
- From 2006 to 2007 - 190,000 rubles;
- from 2007 to 2008 - 400,000 rubles;
- from 2008 to 2014 - 800,000 rubles.
The last increase was made on December 29, 2014 - the amount of the maximum payment amounted to 1,400,000 rubles, which is 14 times more than the original figure. As can be seen from this list, the economic crisis of 2008 most affected the nature of payments - it suspended any changes for almost six years.
So far, 345 cases have been recorded in which compensation was required due to the closure of the bank. The total amount of payments to date exceeds one trillion rubles.
Where does the money for compensation come from?
The question “Where does the money come from to pay off all the bank’s debts?” can be considered quite logical. After all, the sums are truly enormous. The answer is simple - the compensation is transferred by the mandatory deposit insurance fund. Where does such money come from? From three sources: support from the state itself (the minimum part, less than 5% of the total), insurance premiums from the banks themselves and the profit of the fund itself (from investments and other things). The Fund, in the event of the bank's closure, acts as its insurer, giving the citizens back their money.
Deposit Insurance Agency. What is his role?
The Deposit Insurance Agency is the organization that issues insurance to banks. It is in it that the distribution of funds for compensation to depositors takes place. The Deposit Insurance Agency also regulates the operation of the Mandatory Deposit Insurance Fund. So the scope of the agency's responsibilities is extremely wide and varied, divided into three major categories:
- Making payments to depositors;
- Liquidation of banks;
- Sanitation (support) of banks.
- All three of these categories are very large and complex. Therefore, we will consider only the first, the most interesting for an ordinary citizen.
Bank liquidation: how to return the deposit?
- Present your passport and write an application;
- Specify how it would be more convenient for you to receive money - in cash or by transfer to the account of any bank you specified.
Contact the Deposit Insurance Agency directly or its local representative bank;
Return issues bank deposits are relevant not only for Russia, but for the entire world community. As in all civilized countries, its decision is entrusted to the Deposit Insurance Agency, established on the basis of the Federal Law of the Russian Federation No. 177.
The activity of the organization is aimed at protecting the interests of depositors who transferred their own funds as deposits or placed them on their bank accounts from the risks associated with the bankruptcy of financial institutions.
Features of the procedure
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and IS FREE!
The duty is to send to the mass press located within the location of the bank, a message about the timing, place, forms and procedure for accepting applications from depositors on the payment of compensation for their deposits. Information is also subject to mandatory publication in the Bulletin of the Bank of Russia.
Another copy of the message on the acceptance of depositors' applications is sent by the Agency to the bank.
Such an obligation arises for the Agency from the moment it receives a register of obligations of a banking institution, which has become the subject of an insured event, to its depositors.
Within one month, the Agency is obliged to notify bank depositors of the fact of the occurrence of an insured event, which is carried out by sending written notifications.
Highlights
The essence of the law
Insurance is of this type. economic relations, the purpose of which is to ensure the protection of subjects from various dangers.
Relations arising in the field of insurance of bank investments are regulated by law 177 fz on deposit insurance. It regulates the procedure for insuring deposits that an individual has completed.
The Deposit Insurance Law has a specific structure, which includes provisions on:
- the purposes of the document;
- principles of the insurance industry;
- system participants;
- types of deposits made, subject to insurance;
- the procedure and conditions for making payments made in the event of an insured situation;
- the rights of persons who have made a contribution;
- the process of mutual cooperation between the Agency, the Bank of Russia, as well as a number of state bodies;
- the basics of the system of work in the process of insurance;
- the procedure for calculating payments and their implementation.
Contributor's rights
The structure of Federal Law No. 177 includes provisions on the rights of persons who have made a contribution to a banking institution.
The legislator has endowed depositors with rights, including the right to:
- to receive refunds;
- to inform the Agency about the delay in the fulfillment of bank obligations related to the return of deposits;
- to receive information on the issue of the bank's participation in the insurance system related to investments of individuals.
The receipt by the depositor of the amount of insurance compensation is not a basis for termination of the right to claim, regarding the difference between the amount of the deposit and the amount of remuneration. Such claims can only be made against the bank.
The right of claim, in the presence of a executed contribution in respect of a third party, arises from the person in respect of whom the contract was concluded.
Claims regarding the funds of nominal accounts may be presented by the beneficiary of such an account.
The fixation of an insured event is the moment when the rights of depositors to receive compensation arise.
Those persons who acquired the right to claim when the insured event actually existed cannot claim compensation for the deposit. An exception to this rule is the granting of the right to receive insurance payments to persons who are the heirs of the original investor.
In cases where the right to a deposit passes to several heirs, the payment is made in proportion to the amount of acquired rights.
Requirements
The law establishes a certain range of requirements that apply to banks.
So, all of them must be mandatory participants in the insurance program, which includes a number of obligations:
- on timely making contributions to the Compulsory Insurance Fund;
- to inform clients about the status of the program participant and the amount of payments that are due in the event of an insured event;
- on the placement of information regulating the rules for reimbursement, which must be done in a place accessible to the client;
- on keeping records of the total amount of obligations to the total volume of customers and the constant updating of this information.
When does it work
The latest version of the law determined the amount of insurance compensation at the level 1.4 million rubles. This means that deposits within these limits will be returned in full if an insured event occurs.
Those who have a larger deposit may attempt to return it through the courts, but the order of reimbursement may not reach the depositor. It is with this that the advent of the council to place especially large savings in various banking institutions is connected, by dividing the total amount into parts.
The insurance program extends its action to deposits, current accounts and deposits that are opened on demand.
The depositor needs to remember that accrued interest on the deposit increases its amount. Thus, after a certain period of time, contributions that border on the maximum amount of compensation may cross such a border.
You can protect yourself:
- by placing a deposit with the condition of monthly withdrawal of interest;
- by carrying out the calculation of interest and placing such an amount that at the end of the investment period will be up to 1400000 rubles;
- by concluding an agreement on the placement of a deposit, on the terms of partial withdrawal of funds.
Agency disclaimer
The creation of the Agency was caused by the need for compulsory insurance of deposits by the state. This institution is a corporation operating under Federal Law No. 177.
Mandatory attributes of the Agency is a seal containing the image of the Russian coat of arms. Funds belonging to the Agency, formed from obligatory payments of banking institutions, are placed on an account opened with the Bank of Russia.
The organization is entitled to open accounts in other financial institutions. The central body is located in Moscow.
Other disclaimers about the deposit insurance law
System Benefits
The practice of many countries shows that an effective tool for solving problems of a macroeconomic and social nature is the insurance of funds in the form of deposits.
The system allows depositors to have confidence in the return of invested amounts, which completely eliminates the possibility of panic in the presence of economic problems in the banking industry.
Investors feel full state protection own funds, as a result of which, they show high level confidence in financial institutions participating in the insurance program.
Changes and new conditions
Recent amendments to the legislation regulating deposit insurance have become the reason for doubling the amount of compensation. The reason for this was the desire of citizens to secure their own institutions.
Thus, since the establishment of the Agency, the amount of mandatory compensation has been increased 14 times.
Members
The law defines a limited circle of participants to which the provisions on deposit insurance apply.
In their face are:
- persons who have made a contribution who receive the status of beneficiaries;
- banking institutions acting as insurers;
- The agency that is the insurer;
- Bank of Russia.
Facilitation and supervision
The main role of the Agency is to provide insurance for deposits placed with banking institutions.
This organization carries out regular accounting of depositors and funds that are placed as deposits, as well as are in bank accounts. To this end, financial institutions are required to provide the necessary data at the first request of the Agency.
The Agency is managed by the Board of Directors, which includes 7 representatives from the Government of the Russian Federation, 5 representatives from the Bank of Russia and the General Director himself.
State support for insurance consists in the formation of a legislative framework that regulates the entire procedure for insurance and reimbursement of deposits.
The legislator granted the Agency the right to conduct audits of financial institutions, which allow to identify possible negative trends in the functioning that require immediate prevention
Frequently asked Questions
What is covered and what is not
The federal law establishes a list of funds that, when placed in banking institutions, are subject to compensation upon the occurrence of an insured event:
- deposits (term and demand deposits);
- nominal accounts;
- bank payment accounts;
- IP accounts;
- escrow accounts that are open for real estate transactions.
Funds that are: placed by persons for the purpose of carrying out professional activities cannot be reimbursed; are in trust; placed as bearer deposits; are not located in banking institutions of the Russian Federation; presented in the form of electronic money.
Determining the Amount
The latest legislative changes regarding the maximum amount of compensation took place in 2020. From this moment, the amount of insurance payments is set at the level 1.4 million rubles.
Funds placed on escrow accounts are refunded in full, but within the amount 10 million rubles.
Foreign currency deposits are reimbursed in the national currency, based on the exchange rate determined by the Bank of Russia on the date of fixing the insured event.
The presence of credit obligations in the same banking institution where the person has a deposit entails an individual calculation of the insurance payment, which is presented as the difference between the person's obligations to the bank and the amount of funds that is subject to return to the depositor.
Application procedure
The recipient of the deposit refund may be the depositor or the person representing him, as well as the heir or his representative, for which these persons must apply to the Agency until the bank is declared bankrupt.
If there are good reasons, the missed deadline may restore the Board of the Agency.
Heirs receive the right to appeal from the date of receipt of a certificate certifying the rights to the estate.
Persons entitled to apply for reimbursement submit to the Agency an application in the prescribed form and documents that confirm their identity, as well as the right to deposit. When submitting an application by a representative, you will need to attach a power of attorney certifying the authority to the document.
Order of payments
The basis for making payments is the register of bank liabilities. Payments are made within 3 days, from the date of submission by the depositor or a person authorized by him of the application and relevant documents.
By general rule, the start of payments cannot be made earlier than after 14 days, from the moment of fixing the insured event.
Compensation can be made both as a result of transferring funds to bank details, and as a result of transferring cash to the depositor.
The described Russian federal law was originally intended to establish state (financial) control over the sphere of compensation for previously placed deposits of individuals. Main legal function was aimed at ensuring that even after the termination of the work (functioning) of a financial organization, the population (in particular, each depositor) could count on the payment of a certain amount. That is why this law is so necessary. We will describe in more detail the main dispositions of this federal law below.
Law on insurance of deposits of individuals in banks of the Russian Federation
Prior to the adoption of this Russian law there was no deposit insurance (which complicated the procedure). Individuals had the opportunity to independently arrange this service by contacting the designated insurance company. Those. placing a deposit in absolutely any bank, individuals had to independently take care of its further safety. Of course, this could not continue, so a new mandatory organizational order on this account.
Previously, the banks of the Russian Federation did not have any independent insurance system, therefore, if the organization ceased its activities for any reason, the return of deposits to all individuals was not carried out. A new Russian federal (in direct competence) executive body was needed. In accordance with this, much-needed mandatory amendments were made to the law on banks (and now the return is carried out without delay, regardless of the organization, returns deposits, Sberbank, and all other banks). Next, we describe how this Russian federal act works in practice.
When did 177 FZ come into force?
The federal law on insurance of deposits of individuals in banks of the Russian Federation when it entered into force - there are quite comprehensive data on this. This Russian federal law was originally developed back in 1998. Then in the banks of the Russian Federation, any activity was carried out on the basis of the main profile act.
Deposit insurance was already indicated in the legislative plan within the Russian Federation on December 23, 2003. But the Russian Duma began to accept it back in November. As a result, it was adopted only a month later, and from that time on, a whole system of open deposit insurance began to operate in the Russian Federation - i.e. a mandatory federal order was developed.
From that moment, the agency also began to operate - the formation of this agency in the Russian Federation was aimed precisely at protecting all individuals, in case any negative circumstances occur in banks. This agency is listed as the regulator of the deposit insurance process in most banking structures. Those. real mandatory order and today does not apply to all organizations in the Russian Federation.
Changes and amendments to the law today
In the designated direct deposit insurance system, there will be no significant changes in the near future, because. this mandatory order is by-law. Those. in the Russian Federation, banking legislation changes quite often, especially with regard to the system in question.
Amendments and changes to the law on insurance of deposits of individuals in banks of the Russian Federation before their adoption are usually published on specialized resources where they can be downloaded. You can find out exactly when it will come into effect on the CBRF resource, or on the agency's portal. Next, we will tell you exactly how insurance works.