Brief measures to prevent bankruptcy of credit institutions. Activities of the Bank of Russia to prevent bankruptcy of credit institutions. Possible bank strategy options

30.01.2024

The Federal Law “On Insolvency (Bankruptcy)” provides for the following measures to prevent bankruptcy before the day of license revocation to carry out banking operations (Article 189.9 of the Law):

1) measures for financial recovery;
2) appointment of a temporary administration to manage the credit organization;
3) reorganization of a credit organization;
4) measures to prevent bankruptcy of a credit organization that attracts funds from individuals, with the participation of the Deposit Insurance Agency (DIA).

Selecting measures to prevent bankruptcy depends:

- on the condition of the credit institution, or the grounds for implementing measures to prevent bankruptcy;
- assessment of the prospects for the application of certain measures by the Bank of Russia.

The law does not describe a specific procedure for applying more stringent measures in relation to a credit institution if softer ones were previously applied. If the state of a credit institution suggests that the application of any procedures will only create conditions for abuse by its managers, then the Bank of Russia may immediately send a temporary administration or take measures provided for by the Law on the Bank of Russia (for example, revoke a license).

The grounds for applying reorganization measures to credit organizations are: provided for in subpara. 1-3 tbsp. 189.9 of the Law are (Article 189.10):

1) repeated insolvency of a credit institution over the past six months, continuing from the date of fulfillment of a monetary obligation or obligation to make mandatory payments within three days;
2) insolvency of a credit organization lasting more than three days, confirmed by the absence or insufficiency of funds in the correspondent accounts of the credit organization;

3) an absolute decrease in the amount of own funds (capital) compared to their maximum value achieved over the last 12 months by more than 20% while simultaneously violating one of the mandatory standards established by the Bank of Russia;
4) violation of any of the standards for the adequacy of own funds (capital);
5) violation of the current liquidity ratio during the last month by more than 10%;
6) reduction in the amount of equity (capital) at the end of the reporting month to a level below the amount of the authorized capital. For this reason, reorganization measures are not applied during the first two years from the date of issuance of a license to carry out banking activities.

The first two reasons reflect insolvency KO and relate to her relationships with clients. Please note that this does not mean any cases of failure by a credit institution to fulfill its obligations, but only those directly related to the implementation of banking operations. The lack of funds in itself does not mean that its financial condition has a steady tendency towards bankruptcy. However, if such cases are repeated repeatedly over six months with a delay of up to three days, or once for more than three days, then at the very least it is necessary to raise the issue of insufficiently effective management of the organization and conduct an additional analysis of its activities.

The remaining grounds relate to the assessment of the financial condition of the credit institution. This, by the way, also reveals the peculiarities of procedures related to the bankruptcy of credit institutions, in contrast to universal bankruptcy procedures, where only the insolvency criterion is applied: In procedures related to the bankruptcy of credit institutions, the criterion for assessing their financial condition is widely used. This is due to the fact that in the banking sector, compared to most other non-financial areas, assessing the financial condition of each credit institution is an everyday practice, and not a one-time event.

Thus, the third basis reflects the fact that in a credit institution stable dynamics towards unprofitability has developed, but it is used only if any of the mandatory standards established by the Law on the Bank of Russia and Bank of Russia Instruction No. 139-I dated December 3, 2012 “On Mandatory Bank Ratios” adopted in accordance with it are violated.

The fourth ground is related to the violation capital adequacy ratio(H1), which is calculated as the ratio of the size of the bank’s own funds (capital) to the amount of its assets, weighted by risk level. The calculation of the N1 standard includes:

- the amount of credit risk for assets reflected on balance sheet accounts (assets minus formed reserves for possible losses and reserves for possible losses on loans, on loans and equivalent debt, weighted by the level of risk);
- the amount of credit risk for contingent credit obligations;
- the amount of credit risk on futures transactions and derivative financial instruments;
- the amount of operational risk;
- the amount of market risk.

It is obvious that capital plays several important functions in the activities of any commercial organization, and especially a credit one. This is money for the development of a credit institution, and a factor of customer confidence in the bank, and funds for a “rainy day,” etc. However, the value of capital will rapidly fall if the bulk of investments are made in high-risk and low-liquidity assets. As a result, the credit institution will have less potential to fulfill its obligations to creditors, especially if a massive withdrawal of funds occurs. Therefore, in order to evaluate capital, an approach was applied that takes into account the riskiness of the investments made. The general trend is to move closer to the minimum standard established internationally for banks, which is 8%.

The fifth basis is directly related to the assessment of the ability of a credit institution to cover with its own risk-weighted assets obligations to creditors, assessed taking into account the long-term investment. In particular, the applied indicator current liquidity represents the ratio of the bank's liquid assets and liabilities on demand accounts and with a maturity of up to 30 days.

The sixth ground applies to banks with some restrictions: if this ground arises within the first two years from the date of issuance of a license to carry out banking operations Bankruptcy prevention measures are not applied to a credit institution. If the amount of own funds (capital) turns out to be less than the size of the authorized capital of a credit organization, determined by its constituent documents, the Bank of Russia is obliged to send such a credit organization a request to bring the amount of own funds (capital) into line with the size of the authorized capital. The credit institution is obliged to fulfill the relevant requirements of the Bank of Russia in the manner, terms and conditions established in the Law.

A credit organization, its founders (participants), members of the board of directors (supervisory board), and the head of a credit organization, in the event of the above grounds, are obliged to take necessary and timely measures for the financial recovery and (or) reorganization of the credit organization.

The Bank of Russia, in the manner established by the regulations of the Bank of Russia, in the event of the above-mentioned grounds, has the right to require the credit organization to take measures for its financial rehabilitation, reorganization, and also to appoint a temporary administration to manage the credit organization. The requirement to implement measures for the financial rehabilitation of a credit organization is not sent if the Bank of Russia is obliged to revoke its license to carry out banking operations.

The basis for introducing a bankruptcy prevention procedure for a bank that attracts funds from individuals with the participation of the DIA is established in clause 1 of Art. 189.47 of the Law - an unstable financial situation that creates a threat to the interests of its creditors (depositors) and (or) a threat to the stability of the banking system. To the number signs of an unstable financial position of the bank, in particular, they include (clause 3 of article 189.47 of the Law):

- reflection by the bank in the reporting and (or) establishment by the Bank of Russia, the Deposit Insurance Agency or other persons of documented facts, transactions (operations), the reliable reflection of which in the bank’s reporting leads (will lead) to a violation of: mandatory standards, and (or) deadlines fulfillment by the bank of obligations, and (or) conditions of participation in the compulsory deposit insurance system, and (or) the emergence of grounds for taking measures to prevent the insolvency (bankruptcy) of the bank,
- the presence of other documented evidence of a threat to the interests of creditors (depositors).

Introduction

Conclusion

Introduction

Topic of the course work: “Activities of the Bank of Russia to prevent bankruptcy of credit institutions.”

The relevance of this topic is, first of all, explained by the fact that currently many Russian banks are in a difficult financial situation. The actual bankruptcy of a significant number of organizations makes the financial condition of many credit and non-banking institutions extremely unstable. The situation is also aggravated by the imperfection of Russian bankruptcy legislation.

Russian banks are forced to operate in conditions of increased risks and find themselves in crisis situations more often than their foreign partners. First of all, this is due to the insufficient assessment of credit institutions of their own financial position, attracted and allocated funds, stability and reliability of the clients they serve. Thus, at present, the role and importance of analyzing the financial condition of a bank is significantly increasing.

The Russian Federation is undergoing a reform of the banking system aimed at reducing the number of banks through mergers and closing small banks. First of all, this reform concerns the minimum amount of authorized capital of commercial banks.

In this regard, the problem of predicting the bankruptcy of credit institutions is becoming more and more relevant.

The object of the study is the Bank of Russia. The subject of the study is methods of preventing bankruptcy of credit institutions.

The purpose of the course work is to analyze the problems of bankruptcy of credit organizations and identify a mechanism for preventing bankruptcy of a credit organization.

To achieve this goal, the following tasks were selected:

–Study the concept of insolvency of a credit organization

–Identify factors whose influence may lead to bankruptcy of a credit institution.

–Explore measures taken by the Bank of Russia to prevent bankruptcy of credit institutions

Structurally, the work consists of an introduction, two sections, a conclusion and a list of sources used, consisting of 15 sources, presented on ______ sheets.

Chapter 1. Insolvency (bankruptcy) of a credit organization

1.1 The concept of insolvency of a credit organization and factors the influence of which may lead to bankruptcy of a credit organization

In accordance with paragraph 1 of Article 2 of the Federal Law of February 25, 1999 N 40-FZ (as amended on July 2, 2013) “On the insolvency (bankruptcy) of credit organizations,” the insolvency (bankruptcy) of a credit organization is understood as recognition by the arbitration court of its inability to satisfy claims of creditors for monetary obligations and (or) to fulfill the obligation to make mandatory payments.

By the failure of a credit organization to satisfy the demands of creditors for monetary obligations, this law means the failure of the credit organization to fulfill the relevant obligations and (or) to fulfill the obligation to pay mandatory payments within one month from the date of their execution. This means the credit institution’s failure to fulfill its obligations to clients, partners, the budget, government bodies, and so on.

There are many factors, the influence of which leads credit institutions to insolvency (bankruptcy). These factors can be divided into two large groups:

external;
internal.

External factors. These include the political and general economic situation in the country, the state of the financial market, the reliability of partner banks, and the reliability of clients. In most cases, a credit institution cannot influence these factors. But, as you know, the bank itself can choose its partners and clients, and thus it can limit the influence of these factors. But an individual bank (if it is not a systemically important one) cannot influence the general economic and political situation in the country, as well as the state of the financial market.

Internal factors. This group of factors includes: the bank's strategy, the provision of equity capital, the level of qualifications of personnel and the level of management, and the internal policy of the bank. The bank has direct influence on this group of factors. Any bank develops its own market behavior strategy. When hiring employees, a bank manager can achieve the required level of employee qualifications. As you know, the higher the level of qualifications, the less likely the bank will have problems due to the incompetence of its employees. The level of management also directly depends on the qualifications of the manager, and experience in this field plays an important role here.

External factors.

One of the most important external factors is the political situation in the country.It is determined by the ideology of the party in power and the country's top leadership. Since political stability is the most important condition for the successful development of the banking services market, the bank’s analytical department must monitor the socio-political situation in the country, adjusting for the inevitable opposition from other parties in order to predict possible developments. At the same time, banks with an aggressive policy make significant efforts to formulate the economic policies they need (or eliminate undesirable ones).

Banks with conservative policies monitor and predict the possible development of the socio-political situation in order to develop various options for the bank's strategy that can be applied in various socio-political and economic conditions. Due to the fact that such forecasts require political scientists and sociologists, the bank needs to involve them.

In the area of influencing economic policy, banks’ efforts can be aimed at:

stabilization of the situation in the country and region;
the possibility of obtaining loans from the Central Bank on more favorable terms;
lower requirements for the required reserve ratio;
encouragement from the Central Bank for the creation of branches by commercial banks and the development of correspondent relations;
fairly high requirements for the amount of initial capital;
providing sufficient time to adapt to new conditions (for example, increasing the authorized capital or the amount of required reserves);
preferential taxation.

Particularly noteworthy are the efforts of banks aimed at establishing mandatory high requirements for the size of the authorized capital, since the establishment of a high authorized capital protects commercial banks from competition and allows them to “absorb” existing relatively small commercial banks that are not able to fulfill these requirements.

The high requirements of the Central Bank for the authorized capital of commercial banks are caused by inflation and are of a dual nature: on the one hand, they limit competition and contribute to the concentration of banking capital, on the other hand, they protect competition, since they ensure relatively high reliability of the functioning of the banking system, preventing the emergence of business areas to thousands of small banks.

Banking policies are also exacerbating the economic downturn, as banks are withdrawing from the long-term loan market due to high credit risk.

Internal factors.

In the case of relative stability of the socio-economic situation and the state of the financial market, internal factors play a decisive role in bank failures.

The bank's strategy is of greatest importance in the effective (or ineffective) management of banking risks. Developing a bank strategy is a search for a balance between the strengths of the bank and its environment. It can be achieved through a selection of options. The assessment of the situation is based on an analysis of market requirements, the technical capabilities of the banking business, and the availability of infrastructure. In turn, the assessment of the bank’s existing resources should include an analysis of equity capital and identification of the main sources of its growth, taking into account the level of personnel qualifications and the quality of management. Based on a comparison of the environment and the bank's capabilities, financial goals and development goals of the bank are formed, resulting from an assessment of the future situation.

Conducting strategic planning and strategic management significantly mitigate banking risks and contribute to the successful development of the banking business. Banking strategies for behavior in the market must be developed for each bank separately.

Possible bank strategy options:

traditional - to act like all banks, being content with what has been achieved;
opportunistic – search for new market segments, based on knowledge of the market situation (in the commodity, foreign exchange, stock, money markets), associated with a high degree of risk;
defensive - consists of efforts to keep up with others;
dependent - usually carried out by small banks;
offensive – the bank strives to take a leading position in the banking services market. Executing this strategy requires lateral thinking management with good market knowledge, as well as well-organized market research.

All of the listed types of strategy can be grouped on the basis of aggressiveness and conservatism in planning and managing the bank. Each type of strategy has its pros and cons, but it should be noted that in the conditions of the formation of the Russian financial market with all its instability and changes in the balance of forces, in the author’s opinion, an aggressive policy is the most promising.

In this regard, large banks in economically developed countries are beginning to change their strategy - they give preference to increasing the return on assets and strive to improve operational efficiency rather than expand their participation in the market. Expansion of branches can be considered as an extensive development path; increasing the efficiency of using the bank's assets means intensifying the bank's work. One solution to the problem of capacity exceeding demand is to unite a number of banks operating in the same market.

The aggressive policy of Russian banks should be manifested not so much in expanding their presence in the financial market through the creation of a network of branches and branches, but in expanding the range of banking services. But before introducing a new financial product, it is necessary to analyze all the risks associated with it. If, taking into account the risks, the established price for a new product does not provide a reasonable return, it should be abandoned. Many banks make the mistake of introducing a new financial product just because other banks offer it, and do not care about the risk-return ratio.

Own capital management.

Insufficiently qualified management of equity capital is one of the most common causes of bank failure in Russia.

When managing your own capital, you need a combination of profitability and liquidity. Thus, the expansion of assets and liabilities without a corresponding increase in equity capital may lead to an inability to cover potential liabilities and to a violation of the mandatory standards established by the Central Bank (the minimum size of the authorized capital, the minimum amount of required reserves and the maximum ratio between the size of the bank’s authorized capital and the amount of its assets with taking into account risk assessment).

1.2 Measures to prevent bankruptcy of credit institutions

In accordance with Article 3 of the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions,” the following measures exist to prevent the bankruptcy of credit institutions:

These measures are carried out when the following conditions arise in the bank:

repeatedly over the past six months does not satisfy the claims of individual creditors for monetary obligations and (or) does not fulfill the obligation to pay mandatory payments within three days from the date of their execution due to the absence or insufficiency of funds in the correspondent accounts of the credit organization;
does not satisfy the claims of individual creditors for monetary obligations and (or) does not fulfill the obligation to pay obligatory payments within a period exceeding three days from the date of their satisfaction and (or) the date of their execution, due to the lack or insufficiency of funds in correspondent accounts credit organization;
allows an absolute decrease in own funds (capital) in comparison with their (his) maximum value achieved over the last 12 months by more than 20 percent while simultaneously violating one of the mandatory standards established by the Bank of Russia;
violates the equity (capital) adequacy standard established by the Bank of Russia;
violates the current liquidity standard of a credit institution established by the Bank of Russia during the last month by more than 10 percent.

1) Measures for the financial recovery of the credit organization.

Financial rehabilitation (rehabilitation) measures can be carried out either on the initiative of the head of a credit institution or at the request of the Bank of Russia.

The head of a credit organization, in the event of the occurrence of the circumstances listed above, within 10 days from the moment of their occurrence, is obliged to contact the board of directors (supervisory board) of the credit organization, and if his formation is not provided for by its constituent documents - to the general meeting of founders (participants) of the credit organization with a petition for the implementation of measures for the financial rehabilitation of a credit organization or with a petition for the reorganization of a credit organization, provided that the reasons for the occurrence of these circumstances cannot be eliminated by the executive bodies of the credit organization. This petition must contain recommendations on the forms, nature and timing of financial recovery measures.

The management bodies of the credit institution to which the application was sent must consider it and make a decision on the submitted application within 10 days from the date of receipt and notify the Bank of Russia of the decision.

If the management bodies (founders) refused to take part in the implementation of measures for its financial rehabilitation or reorganization or did not make the appropriate decision on time, the head of the bank must submit this petition to the Bank of Russia.

In the second case, the Central Bank, in accordance with Article 4 of the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions” and Article 75 of the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”, has the right to send a demand to the credit organization to take measures for its financial recovery if the grounds listed above exist. This requirement must contain a list of the reasons that served as the basis for its submission, as well as recommendations on the forms and timing of measures for the financial rehabilitation of the credit organization.

When the head of the bank receives demands from the Central Bank of the Russian Federation, he is obliged to contact the management bodies of the credit organization (within 5 days), with a request to implement measures for the financial rehabilitation of the credit organization or with a request to reorganize the credit organization.

Upon receipt of a request from the Bank of Russia to implement measures for the financial rehabilitation of a credit organization, until the receipt of permission from the Bank of Russia, the credit organization cannot make a decision on the distribution of profits or the payment (declaration) of dividends. If financial recovery measures have been completed, the Bank of Russia sends permission to the credit institution to distribute profits and pay (declare) dividends.

The Bank of Russia has the right to demand that a credit organization develop and implement a plan of measures for its financial recovery (submitted to the Bank of Russia within the time period established by it). It must necessarily contain:

assessment of the financial condition of the credit institution;
an indication of the forms and extent of participation of the founders (participants) of the credit organization and other persons in its financial recovery;
measures to reduce the costs of maintaining a credit institution;
measures to generate additional income;
measures to return overdue receivables;
measures to change the organizational structure of a credit institution;
the period for restoring the level of adequacy of own funds (capital) and current liquidity of the credit institution. The form of the plan of measures for the financial rehabilitation of a credit organization is established by a regulatory act of the Bank of Russia.

If the manager does not take measures for financial recovery, he may be held accountable in accordance with federal laws.

Founders can provide financial assistance in the following ways:

bankruptcy credit institution bank

placing funds on deposit with a credit institution with a repayment period of at least six months and accruing interest at a rate not exceeding the refinancing interest rate (discount rate) of the Bank of Russia;
providing guarantees (bank guarantees) for loans to a credit institution;
providing deferment and (or) installment payment;
transfer of debt to a credit institution with the consent of its creditors;
refusal to distribute the profit of a credit organization as dividends and direct it to implement measures for the financial rehabilitation of this credit organization;
additional contribution to the authorized capital of this credit institution;
debt forgiveness of a credit institution;
innovations, as well as in other forms that help eliminate the reasons that caused the need to take measures for the financial rehabilitation of the credit organization.

When considering a rehabilitation plan, the Bank of Russia analyzes the financial condition (primarily solvency) of the founders (participants) wishing to provide financial assistance in order to determine the feasibility of a particular event.

2) Temporary administration.

The Provisional Administration is a special management body of a credit institution appointed by the Bank of Russia. It operates in accordance with the Federal Law "On Insolvency (Bankruptcy) of Credit Institutions , other federal laws and regulations of the Bank of Russia.

For the duration of the provisional administration, the powers of the executive bodies of a credit organization may be either limited or suspended (based on an act of the Central Bank of the Russian Federation). The Bank of Russia has the right to appoint a temporary administration if:

) a credit institution allows a reduction in its own funds (capital) in comparison with their (his) maximum value achieved over the last 12 months by more than 30 percent while simultaneously violating one of the mandatory standards established by the Bank of Russia;

) the credit institution violates the current liquidity standard established by the Bank of Russia during the last month by more than 20 percent;

) the credit organization does not comply with the requirements of the Bank of Russia to replace the head of the credit organization or to implement measures for financial rehabilitation or reorganization of the credit organization within the prescribed period;

) in accordance with the Federal Law “On Banks and Banking Activities”, there are grounds for revoking a credit organization’s license to carry out banking operations.

The act of the Bank of Russia on the appointment of a temporary administration is published by the Bank of Russia in the Bulletin of the Bank of Russia within 15 days from the date of its adoption.

A provisional administration is appointed by the Bank of Russia for a period of no more than six months, but the period can be extended after the revocation of the license to carry out banking operations for a period of more than six months until the formation of bodies carrying out the reorganization or liquidation of the credit organization, or until the appointment of an arbitration manager. The total duration of the temporary administration cannot exceed 18 months.

The notice of termination of the activities of the provisional administration is published by the Bank of Russia in the Bulletin of the Bank of Russia.

3) Reorganization of a credit organization.

The Bank of Russia has the right to demand the reorganization of a credit organization in the cases established by subparagraphs 1-3 of paragraph 1 of Article 17 “On the insolvency (bankruptcy) of credit organizations . Reorganization of a credit organization is carried out in the form of a merger or accession in the manner established by federal laws and regulations of the Bank of Russia adopted in accordance with them.

If a request from the Bank of Russia is received to reorganize a credit organization, its director is obliged, within five days from the date of receipt, to apply to the management bodies of the credit organization with a request for the need to reorganize the credit organization.

The management bodies of a credit organization are obliged to notify the Bank of Russia of the decision made no later than 10 days from the date of receipt of the Bank of Russia’s request for reorganization.

Merging with a financially stronger partner is one of the methods of bank recovery. But in a weak bargaining position, the merger seeker will try to inflate its value or downplay its problems, while the acquiring party in a strong position will understate its value.

For the party acquiring the bank, the merger must provide some value. This, for example, may be the clientele of the acquired bank, the network of its branches and/or the niche it occupies in the market, in which the acquiring partner shows interest. The value of such elements cannot be overstated, especially when compared with the costs associated with a business merger, the difficulties encountered in merging two different organizations and the need for significant capital injections. The negotiating position of a merger candidate trying to turn the bank around in this way is quite weak. But in the end, if the parties do not want to unite, no one can force them to do so.

Thus, it can be noted that the insolvency (bankruptcy) of a credit organization is understood as recognition by the arbitration court of its inability to satisfy the claims of creditors for monetary obligations and (or) to fulfill the obligation to make mandatory payments.

There are many factors, the influence of which leads credit institutions to insolvency (bankruptcy). These factors can be divided into external and internal groups.

One of the most important external factors is the political situation in the country. It is determined by the ideology of the party in power and the country's top leadership.

There are the following measures to prevent bankruptcy of credit institutions:

) financial recovery of a credit organization;

) appointment of a temporary administration to manage the credit institution (hereinafter referred to as the temporary administration);

) reorganization of a credit organization.

Chapter 2. procedure for developing and evaluating rehabilitation plans (financial rehabilitation) of credit institutions

2.1 The procedure for drawing up rehabilitation plans (financial rehabilitation) by credit institutions

The crisis state of the banking system requires taking urgent measures to strengthen it and maintain financial stability. In this regard, the Bank of Russia, in order to ensure the stability and reliability of the banking system entrusted to it by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)

Sanitation, sanitization (from lat. sanatio– treatment, recovery) is a system of measures taken to prevent the bankruptcy of credit institutions.

The requirement to develop a rehabilitation plan is imposed on credit institutions for violating certain prudential standards of activity.

The rehabilitation plan of a credit organization is drawn up in accordance with the requirements of Bank of Russia regulations - letter of the Bank of Russia dated November 22, 1996 N 363 (as amended dated April 30, 1997) “On plans for the rehabilitation of credit organizations” and letter of the Bank of Russia dated April 30, 1997. No. 443 “On methodological recommendations for drawing up rehabilitation plans by credit institutions” and contains the following information.

Part 1. Assessment of the situation in a credit institution

1 General information about the credit institution

1.1 Identification information about the credit institution:

full official name of the credit institution;

postal and legal address;

numbers and dates of issue of licenses; types of licenses and a list of operations carried out in accordance with these licenses;

the name of the territorial institution of the Bank of Russia exercising control over the activities of the credit institution;

bank details (codes (statistical, tax, etc.); BIC, number of a correspondent account of a credit institution opened at a territorial branch of the Bank of Russia); location and numbers of correspondent subaccounts of branches of the credit institution;

Full name, telephone numbers, faxes of members of the supervisory and executive bodies of the credit institution.

1.2 Organizational and legal status, structure of the authorized capital of the credit organization, investments of the credit organization’s own funds in the authorized capitals of other organizations:

organizational and legal form of the credit organization;

organizational structure of the credit institution: branches, representative offices, subsidiaries and dependent organizations (their legal status, characteristics of their activities, postal address, telephone and fax);

a list of participants in a credit institution owning more than 5% of its authorized capital, indicating their postal address, telephone and fax, as well as information about shareholders owning more than 20% of the credit institution’s shares;

the number of participants, broken down into legal entities, individuals, residents and non-residents, as well as bank employees, indicating the share of each of the above groups in the authorized capital of the credit institution;

participation of a credit institution in the authorized capitals of subsidiaries and affiliates, other organizations, as well as in holdings and financial and industrial groups, indicating the amount and percentage of participation in the authorized capital of these legal entities, as well as characteristics of their activities;

1.3 Structure of the credit institution’s management bodies:

structure of management bodies of a credit institution;

characteristics of the members of the executive body (full name, age, education and qualifications, previous three positions and places of work, length of work in each position, length of work in the credit institution, their share of participation in the authorized capital of the credit institution).

1.4 Personnel composition of the credit institution:

the total number of employees of the credit institution, including management, employees directly involved in banking activities and service personnel;

the size of the actual average monthly wage fund for the last year and other expenses associated with maintaining personnel.

1.5 External audit:

name of the auditing firm (auditor) of the credit organization, number and date of the license issued by the Bank of Russia to the auditing firm (auditor);

The rehabilitation plan of the credit organization is accompanied by detailed opinions of the auditing firm (auditor), prepared for the management of the credit organization, for the last two years.

2 The role and importance of a credit institution in the economy of the region (Russian Federation):

the situation on the banking services market in the region where the credit institution operates;

the range of clientele served by the credit institution, as well as the types of banking operations;

possible consequences of the insolvency of a credit institution for the banking system (region, country).

3 Dynamics of development of a credit organization and the causes of financial difficulties.

3.1 Causes of financial difficulties:

pursuing a risky credit policy;

unsatisfactory interest rate policy (attracting resources at a higher interest rate than their placement);

unsatisfactory financial position of the debtors of the credit institution;

immobilization of funds into real estate and other non-income-generating assets;

low quality of management of the credit institution;

other reasons.

3.2 Dynamics of development of a credit organization.

The balance sheets of the credit institution are presented as of January 1 for the last five years. If a credit organization has existed for less than five years, then the specified data is provided from the first year of operation of this organization.

4 Financial condition of the credit institution.

Information about the financial condition of a credit institution must necessarily include:

reporting of the credit organization in the forms and terms provided for in the letter of the Bank of Russia dated March 25, 1997 N 429 “On the reporting of credit organizations submitted to the Bank of Russia within the framework of supervision” as of the last reporting date;

balance sheets of subsidiaries and dependent organizations as of the last reporting date, the share of participation of this credit institution in the authorized capital of which is more than 35 percent;

structure of sources of formation of the credit institution’s own capital as of the last reporting date in absolute amounts and percentages of the total amount of capital;

a list of debtors and creditors of the credit institution as of the last reporting date, whose share is more than 1% of the total amount of the relevant debt, indicating the amounts of claims (obligations);

analysis of the quality of the loan portfolio as of the last reporting date: the composition of overdue loan debt to the total amount of loan debt, the share of overdue obligations of bank debtors to the total amount of obligations of legal entities and individuals to the credit institution, the share of overdue debt in the total amount of assets, the completeness of the creation of a reserve for possible losses for loans, indicating absolute amounts, as a percentage of the amount of relevant assets, of the total amount of assets;

list and amount of off-balance sheet liabilities of the credit institution as of the last reporting date;

decoding of income and expense accounts according to their structure, in absolute amounts and as a percentage of the total amount, for the last 3 months;

weighted average cost of funds raised, including interbank and client resources, weighted average return on assets, including on working assets and total assets, on funds placed on the interbank market and on loans issued, interest margin on active-passive operations (specified information are given as of the last reporting date);

the average monthly amount of administrative and economic expenses of the credit institution for the last year;

assessment of the situation in terms of the risk associated with fluctuations in foreign currency exchange rates (currency risk);

assessment of the situation in terms of risk associated with fluctuations in market interest rates (interest rate risk);

assessment of the risk associated with the possibility of the borrower failing to fulfill its financial obligations (credit risk);

description of the situation with the formation of the deposit portfolio (deposit risk);

assessment as of the last reporting date of investments, loans aimed at developing enterprises belonging to the same industry (industry risk);

list and amounts of mutual claims and obligations of the credit institution to participants and their affiliated companies (with breakdown) as of the last reporting date;

assessment of the condition and market value of a credit institution’s investments in fixed assets (buildings and structures, capital investments), securities, participation in business activities, etc. as of the last reporting date;

data on the credit institution's contributions to the required reserve fund of the Bank of Russia for the last 6 months.

Part 2. Measures for the financial recovery of a credit organization.

The main goals of measures for the financial rehabilitation of a credit organization are to restore the credit organization’s equity capital to a value at which mandatory economic standards will be met, and to return the credit organization to normal and sustainable operation.

For the purpose of financial recovery of a credit organization, the following measures may be taken:

provision of financial assistance to a credit organization by its founders (participants) and other persons;
changes in the structure of assets and the structure of liabilities of a credit institution;
changing the organizational structure of a credit institution;
other measures carried out in accordance with federal laws.

Providing financial assistance to a credit organization by its founders (participants) and other persons.

Financial assistance to a credit organization by its founders (participants) and other persons can be provided in the following forms:

) placing funds on deposit with a credit institution with a repayment period of at least six months and with interest accrued at a rate not exceeding the refinancing interest rate (discount rate) of the Bank of Russia;

) providing guarantees (bank guarantees) for loans to a credit institution;

) providing deferment and (or) installment payment;

) transfer of debt to a credit organization with the consent of its creditors;

) refusal to distribute the profit of a credit organization as dividends and direct it to implement measures for the financial rehabilitation of this credit organization;

) additional contribution to the authorized capital of this credit institution;

) debt forgiveness of a credit institution;

) innovations, as well as in other forms that help eliminate the reasons that caused the need to take measures for the financial rehabilitation of the credit organization.

Funds in bank accounts and deposits with a credit organization can be used by its creditors to increase the authorized capital of the credit organization in the manner established by the Bank of Russia.

The decision on the forms and conditions for providing financial assistance to a credit organization is made by the credit organization itself and the person providing financial assistance to it.

Part 3. Sanitation results.

1 Estimated indicators at the end of each quarter during the reorganization period.

2 Estimated indicators at the time of completion of the reorganization.

This part should contain the following information:

dynamics of changes in mandatory economic standards;

change in the amount of own funds (capital) of a credit institution, calculated in accordance with the requirements of Bank of Russia Instruction No. 1;

change in the amount of settlement documents not paid on time due to lack of funds in the correspondent account of the credit institution.

The rehabilitation plan must be signed by the head of the executive body and approved by the head of the supervisory body of this credit institution.

The rehabilitation plan must be accompanied by tables of calculations of economic indicators, the achievement of which is provided for by the rehabilitation plan, copies of contracts (agreements) confirming the assumption of obligations by the founders (participants) and/or third parties to participate in the financial rehabilitation of the credit organization, other documents indicating measures taken (taken) by the credit institution to sell property, as well as to obtain additional income.

Measures for the financial rehabilitation of a credit organization (rehabilitation plans), which are developed in accordance with the requirements discussed in the previous paragraph of this chapter, are submitted by credit organizations to the Main Directorates (National Banks) of the Bank of Russia (hereinafter referred to as Bank of Russia institutions). Rehabilitation plans must be reviewed by the Bank of Russia institution within no more than one month. If necessary, comments can be made on the rehabilitation plan, and the plan itself can be returned for revision.

2.2 The procedure for the assessment by territorial institutions of the Bank of Russia of plans for reorganization (financial rehabilitation) of credit institutions

Bank of Russia institutions evaluate plans for the financial rehabilitation of credit institutions in accordance with the Directive of the Bank of Russia dated November 13, 1997. No. 18-u "On the introduction of new methodological recommendations on the procedure for assessing financial recovery measures (rehabilitation plans)."

To establish the real financial position of a credit institution, it is determined whether it has a shortage of its own funds (capital) and liquid assets, and their size is also determined.

To determine the lack of own funds (capital), first of all, the amount necessary to cover possible and existing losses (impairment) of assets is calculated, and the amount of liabilities that was not taken into account in the balance sheet is established (unaccrued debt to the budget, extra-budgetary funds, creditors and depositors, including interest, fines, penalties and penalties), as well as the amount of off-balance sheet obligations (guarantees, sureties) for which the moment of payment has come, but it has not been made due to the lack of funds in the correspondent accounts of the credit organization (unaccounted for fines, penalties and penalties can be determined, in particular, according to the balance sheet of the credit institution and the card file for off-balance sheet account 90904).

The amount required to cover possible and existing losses (impairment) of assets is determined by assessing the value of all assets of the credit institution.

The real value of a credit institution's assets is determined on the basis of an assessment of their market value in the case of their circulation on secondary financial and other markets, and in the absence of such, by calculation.

If it is impossible to carry out a comprehensive assessment of the quality of assets, their selective assessment is carried out. Based on a selective assessment of the quality of homogeneous assets in the form of weighted average values, the quality of all assets of the credit organization is determined.

Homogeneous assets are understood as assets that have a common economic essence (discounted bills of exchange, loans directed to a specific sector of the economy, balances on correspondent accounts, etc.).

A random check can be carried out by covering at least 30% of assets, both of their total value and their total quantity.

If inspection reports are available, it is recommended that the quality of assets be assessed based on their data.

Lack of capital is defined as the difference between the amount of equity (capital) that is minimally necessary to meet economic standards recalculated on the basis of the balance sheet indicators, and the amount of equity (capital) available to the credit institution according to the balance sheet.

To determine the lack of liquid funds of a credit institution, it is necessary, based on the indicators of the settlement balance, to estimate the difference between liabilities on demand and for a period of up to 30 days and liquid assets (for the purposes of these recommendations, the indicated liabilities are taken to mean the value of the OBT symbol used in calculating the economic standard N2 according to the instructions Bank of Russia No. 1). To this value is added the amount of underpayment of required reserves deposited with the Bank of Russia and the amount of obligations not included in the balance sheet and off-balance sheet obligations for which the moment of payment has arrived. As liquid assets, the data of the symbol is used - LAT, which is calculated when determining the economic standard N2 (instruction of the Bank of Russia No. 1).

When assessing the possibility of restoring the solvency and liquidity of a credit organization as a result of implementing measures for its financial rehabilitation (rehabilitation plan), first of all, the compliance of these measures with the requirements of current legislation and regulations of the Bank of Russia is checked. Then the measures are assessed in terms of the timing of their implementation and the ability to actually ensure the restoration of solvency and liquidity of the credit organization.

When assessing the measures taken by the founders (participants), creditors and third parties, it is determined whether the credit organization has properly executed agreements and other documents confirming the reality of the intentions of these persons.

It is advisable to analyze the financial situation of the founders (participants), creditors and other potential investors (sanators) over a period of at least two years.

When assessing measures to reduce the administrative and economic costs of a credit organization, it becomes clear to what extent they will ensure its normal functioning and the implementation of its planned measures for financial recovery while reducing costs. To do this, you should, in particular, compare the structure and dynamics of planned and previously incurred expenses. This will allow us to determine the reality of the planned reduction in certain costs.

When assessing the reality of measures that provide for increasing the profitability of a credit institution’s operations, it is determined to what extent the credit institution has the technical and financial capabilities to develop operations that can generate income, and whether the situation in the financial and other markets allows the development of these areas of business, the ability to direct free cash funds into any active profitable operations. In these cases, the ability of the credit institution to restore timely settlements through its correspondent accounts should be taken into account.

In order to assess the effectiveness of active operations, it is necessary to analyze their profitability in comparison with the average profitability of similar operations in a given region (economic region) or the country as a whole.

When assessing the reality of selling the assets of a credit institution, first of all, the possibility of selling this asset in general is determined, and then the possibility of selling it at the planned price and within the time frame established by the plan.

When assessing measures to collect receivables, one should take into account: whether there are court decisions and whether they have entered into legal force, what is the likelihood of enforcement of court decisions, taking into account the property status of the debtors.

Measures recognized as real should be assessed from the point of view of their impact on the financial recovery of the credit organization, bearing in mind that the implementation of all these measures should ensure the restoration of solvency and liquidity, that is, to cover the lack of capital and liquid funds.

For these purposes, measures aimed at restoring the liquidity of a credit organization are analyzed first, since ensuring timely settlements of current obligations is one of the main conditions for the implementation of financial rehabilitation measures by a given credit organization.

All measures for financial recovery (including measures to maintain the functioning) of a credit institution are assessed first individually and then as a whole. On this basis, indicative performance indicators of the credit institution for the period of rehabilitation are calculated, which are compared with the indicators provided for in the approved rehabilitation plan.

When assessing the impact of these measures on restoring the solvency and liquidity of a credit organization, one should proceed from the fact that the credit organization will carry out all its inherent operations during the period of reorganization measures, including the formation of various reserves, including reserves for possible losses in the value of assets, mandatory reserves, deposited in the Bank of Russia, and a reserve fund.

If an analysis of the measures provided for in the rehabilitation plan indicates the possibility of restoring the solvency and liquidity of a credit organization, it is necessary to assess the possibility of its sustainable development in the future. In particular, the following factors are taken into account:

the competitiveness of the credit institution in terms of the qualifications of its personnel, the volume and quality of services offered, the level of banking technologies and services;

availability of sustainable sources of income;

prospects for compliance with prudential performance standards; presence of a stable client base;

interest of the owners of the credit institution in its development.

Thus, it can be noted that the Bank of Russia, in order to ensure the stability and reliability of the banking system entrusted to it by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia) tightens and improves supervision over the activities of credit institutions. An important role in the mechanism of supervisory measures is assigned to the reorganization (financial rehabilitation) of credit institutions.

In relation to credit institutions experiencing financial difficulties, rehabilitation should be understood as the development and implementation of measures to restore their solvency.

Bank of Russia institutions evaluate financial recovery plans of credit institutions in accordance with Bank of Russia Directive No. 18-u dated November 13, 1997 “On the introduction of new methodological recommendations on the procedure for assessing financial recovery measures (rehabilitation plans).”

The real financial position of the credit organization is established, the reality of the measures provided for in the reorganization plan is assessed, and on this basis the possibility of restoring solvency, liquidity and further development of the credit organization as a result of implementing measures for its financial recovery is determined.

Conclusion

Over the years, many Russian banks had to develop financial recovery plans. And it turned out that almost all the rehabilitation plans received by TU in the original version did not meet the requirements of the Bank of Russia and were returned to the banks for revision.

The most common mistake encountered in reorganization plans is focusing on an unreliable balance sheet. As a rule, the planners had a more than approximate idea of the size of the banks' funds deficit, and therefore the practical measures they proposed could not be adequate. Another common drawback of plans was their declarative nature, i.e. lack of documents that would confirm the reality of the planned activities.

Other important circumstances also came to light.

Firstly, even if the resolution plan is adopted, this does not mean that the bank will implement it.

Secondly, the efforts of temporary administrations in most cases do not give positive results (most of the banks to which such administration was sent had their licenses revoked), and often the introduction of temporary administration turned out to be a belated and therefore unjustified measure (administrations came to banks that had actually ceased to operate ). In addition, there were issues related to the composition of the temporary administrations.

Thirdly, only banks of the 4th problem group are considered objects of mandatory reorganization, i.e. "in a critical financial situation." This means that in many of them the losses and shortage of resources are so great that it is impossible to find investors for their recovery. It seems advisable for the Central Bank to get involved in reorganization at a time when banks have not yet entered the bankruptcy stage. From this point of view, perhaps banks of the 3rd problem group - “experiencing serious financial difficulties” - should be considered more promising for rehabilitation.

Fourthly, the methodological foundations of reorganization need in-depth study.

Fifthly, the problem of discrepancy between the interests of banks and the Central Bank, which also affects the success of resolution procedures, remains acute. Often the bank itself or its owners are not interested not only in the introduction of temporary administration, but also in reorganization. But representatives of the Central Bank, one way or another involved in the reorganization, should think more about not harming the bank with their actions.

List of sources used

1. Federal Law of July 10, 2002 N 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”

Federal Law of February 25, 1999 N 40-FZ (as amended on July 2, 2013) “On the insolvency (bankruptcy) of credit organizations”

Instructions of the Bank of Russia dated November 22, 1996 N 363 (as amended on April 30, 1997) “On plans for the rehabilitation of credit institutions”

Civil Code of the Russian Federation

Banking: Textbook / Ed. Doctor of Economics Sciences, Prof. G. G. Korobova. – M.: Economist, 2010. – 751 p.

Banking / ed. Lavrushina O.I. – M.: Finance and Statistics, 2010 – 547 p.

Vikulin A.Yu., Tosunyan G.A. Insolvency (bankruptcy) of credit institutions. Educational and practical manual - M.: Delo, 2002. - 320 p.

Ermakov S.L. Fundamentals of organizing the activities of a commercial bank: textbook / S.L. Ermakov, Yu.N. Yudenkov. – M.: KNORUS 2009, 656 p.

Zharkovskaya, Elena Pavlovna Banking: a textbook for university students studying in the specialty Finance and Credit / E.P. Zharkovskaya – 6th ed., revised. – M.: Omega-L Publishing House, 2009 – 476 p. – (Higher financial education)

On the development of the Russian banking system, textbook, ed. Gospodarchuk G.G., ed. Banking, 2010, p.519.

Pleschitser M.V. Methodological aspects of predicting bank bankruptcy during the financial crisis // Audit and financial analysis. – 2010. – No. 2. – P.161-166.

Modern banking systems, textbook, ed. Kurakova L.P., Timiryasova V.G., Kurakova V.L., 3rd ed., revised. and additional, ed. M.: Helios, 2010, p. 320.

Bankruptcy of credit organizations [electronic resource]. – URL: #”justify”>. Official website of the Central Bank of the Russian Federation [electronic resource]. – URL: http://cbr.ru/.

Activities of the Bank of Russia to prevent bankruptcy of credit institutions

In accordance with Article 3 of the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions,” the following measures exist to prevent the bankruptcy of credit institutions:

These measures are carried out when the following conditions arise in the bank:

repeatedly over the past six months does not satisfy the claims of individual creditors for monetary obligations and (or) does not fulfill the obligation to pay mandatory payments within three days from the date of their execution due to the absence or insufficiency of funds in the correspondent accounts of the credit organization;

does not satisfy the claims of individual creditors for monetary obligations and (or) does not fulfill the obligation to pay obligatory payments within a period exceeding three days from the date of their satisfaction and (or) the date of their execution, due to the lack or insufficiency of funds in correspondent accounts credit organization;

allows an absolute decrease in own funds (capital) in comparison with their (his) maximum value achieved over the last 12 months by more than 20 percent while simultaneously violating one of the mandatory standards established by the Bank of Russia;

violates the equity (capital) adequacy standard established by the Bank of Russia;

violates the current liquidity standard of a credit institution established by the Bank of Russia during the last month by more than 10 percent.

1) Measures for the financial recovery of the credit organization.

Financial rehabilitation (rehabilitation) measures can be carried out either on the initiative of the head of a credit institution or at the request of the Bank of Russia.

assessment of the financial condition of the credit institution;

an indication of the forms and extent of participation of the founders (participants) of the credit organization and other persons in its financial recovery;

measures to reduce the costs of maintaining a credit institution;

measures to generate additional income;

measures to return overdue receivables;

measures to change the organizational structure of a credit institution;

the period for restoring the level of adequacy of own funds (capital) and current liquidity of the credit institution. The form of the plan of measures for the financial rehabilitation of a credit organization is established by a regulatory act of the Bank of Russia.

If the manager does not take measures for financial recovery, he may be held accountable in accordance with federal laws.

For the purpose of financial recovery of a credit organization, the following measures may be taken:

provision of financial assistance to a credit organization by its founders (participants) and other persons;

changes in the structure of assets and the structure of liabilities of a credit institution;

changing the organizational structure of a credit institution;

other measures carried out in accordance with federal laws.

Founders can provide financial assistance in the following ways:

bankruptcy credit institution bank

placing funds on deposit with a credit institution with a repayment period of at least six months and accruing interest at a rate not exceeding the refinancing interest rate (discount rate) of the Bank of Russia;

providing guarantees (bank guarantees) for loans to a credit institution;

providing deferment and (or) installment payment;

transfer of debt to a credit institution with the consent of its creditors;

refusal to distribute the profit of a credit organization as dividends and direct it to implement measures for the financial rehabilitation of this credit organization;

additional contribution to the authorized capital of this credit institution;

debt forgiveness of a credit institution;

innovations, as well as in other forms that help eliminate the reasons that caused the need to take measures for the financial rehabilitation of the credit organization.

2) Temporary administration.

The Provisional Administration is a special management body of a credit institution appointed by the Bank of Russia. It operates in accordance with the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions”, other federal laws and regulations of the Bank of Russia.

1) the credit institution does not satisfy the claims of individual creditors for monetary obligations and (or) does not fulfill the obligation to pay obligatory payments within a period exceeding seven days or more from the date of their satisfaction and (or) execution, due to the lack or insufficiency of funds funds in correspondent accounts of a credit institution;

2) the credit institution allows a decrease in its own funds (capital) in comparison with their (his) maximum value achieved over the last 12 months by more than 30 percent while simultaneously violating one of the mandatory standards established by the Bank of Russia;

3) the credit institution violates the current liquidity standard established by the Bank of Russia during the last month by more than 20 percent;

4) the credit organization does not comply with the requirements of the Bank of Russia to replace the head of the credit organization or to implement measures for financial rehabilitation or reorganization of the credit organization within the established period;

5) in accordance with the Federal Law “On Banks and Banking Activities,” there are grounds for revoking a credit organization’s license to carry out banking operations.

The act of the Bank of Russia on the appointment of a temporary administration is published by the Bank of Russia in the Bulletin of the Bank of Russia within 15 days from the date of its adoption.

The notice of termination of the activities of the provisional administration is published by the Bank of Russia in the Bulletin of the Bank of Russia.

3) Reorganization of a credit organization.

The Bank of Russia has the right to demand the reorganization of a credit organization in the cases established by subparagraphs 1-3 of paragraph 1 of Article 17 “On the insolvency (bankruptcy) of credit organizations.” Reorganization of a credit organization is carried out in the form of a merger or accession in the manner established by federal laws and adopted in accordance with them regulations of the Bank of Russia.

There are many factors, the influence of which leads credit institutions to insolvency (bankruptcy). These factors can be divided into external and internal groups.

One of the most important external factors is the political situation in the country. It is determined by the ideology of the party in power and the country's top leadership.

The bank's strategy is of greatest importance in the effective (or ineffective) management of banking risks. Developing a bank's strategy is a search for a balance between the forces of the bank and its environment.

There are the following measures to prevent bankruptcy of credit institutions:

1) financial recovery of the credit organization;

2) appointment of a temporary administration to manage the credit organization (hereinafter referred to as the temporary administration);

3) reorganization of a credit organization.

The insolvency (bankruptcy) of a credit organization is understood as its inability recognized by the arbitration court to satisfy the demands of creditors for monetary obligations and (or) to fulfill the obligation to make mandatory payments to the relevant budgets within 14 days from the date of their execution, and (or) the insufficiency of the value of the property (assets) of a credit institution after the revocation of its license to carry out banking operations in order to fulfill the obligations of the credit institution to its creditors and (or) the obligation to make mandatory payments.

Issues of insolvency (bankruptcy) of credit organizations and measures to prevent them are regulated by Federal Law No. 40-FZ of February 25, 1999 “On the insolvency (bankruptcy) of credit organizations.” During the global financial crisis until December 31, 2011, this Law is applied taking into account the provisions of Federal Law No. 175-FZ of October 27, 2008 “On additional measures to strengthen the stability of the banking system in the period until December 31, 2011.”

According to the Law on Bankruptcy of Credit Institutions, until the date of revocation of the license to carry out banking operations, the following measures to prevent bankruptcy are implemented in relation to the credit organization:

1) financial recovery of the credit organization;

2) appointment of a temporary administration to manage the credit organization;

3) reorganization of a credit organization.

These measures are carried out in cases where a credit institution:

– repeatedly fails to satisfy the claims of creditors (creditor) for monetary obligations (liabilities) over the past six months and (or) fails to fulfill the obligation to pay mandatory payments within three days from the date of their execution due to the absence or insufficiency of funds on correspondent accounts of a credit organization;

– does not satisfy the claims of creditors (creditor) for monetary obligations (liabilities) and (or) does not fulfill the obligation to pay obligatory payments within a period exceeding three days from the date of their satisfaction and (or) the date of their execution, due to the absence or insufficient funds in correspondent accounts of a credit institution;

– allows an absolute decrease in the amount of own funds (capital) in comparison with their (his) maximum value achieved over the last 12 months by more than 20% while simultaneously violating one of the mandatory standards established by the Bank of Russia;

– violates the equity (capital) adequacy standard established by the Bank of Russia;

– violates the current liquidity standard of a credit institution established by the Bank of Russia during the last month by more than 10%;

– allows a decrease in the amount of own funds (capital) at the end of the reporting month below the amount of the authorized capital determined by the constituent documents of the credit institution, registered in the manner established by federal laws and regulations of the Bank of Russia adopted in accordance with them. If the specified grounds arise during the first two years from the date of issuance of a license to carry out banking operations, measures to prevent bankruptcy are not applied to the credit institution.

The requirement to implement measures for the financial rehabilitation of a credit organization is not sent in the case where the Bank of Russia is obliged to revoke the credit organization’s license to carry out banking operations on one or more grounds provided for in Part.

2 tbsp. 20 of the Banking Law.

In case of bankruptcy of a credit organization, supervision, financial recovery, external management and settlement agreement provided for by the Federal Law “On Insolvency (Bankruptcy)” do not apply.

Financial recovery of a credit organization

The financial rehabilitation of a credit organization can be carried out both at the initiative of the credit organization itself and at the request of the Bank of Russia.

In the first option, the head of the credit institution, in the event of the occurrence of the above circumstances, within 10 days from the moment of their occurrence, is obliged to apply to the board of directors (supervisory board) of the credit institution with a request to implement measures for the financial rehabilitation of the credit institution, provided that the reasons for the occurrence of these circumstances are not may be eliminated by the executive bodies of the credit institution. The board of directors (supervisory board) of the credit institution must make a decision on the submitted petition within 10 days from the date of its sending and inform the Bank of Russia about the decision. If the board of directors (supervisory board) does not make such a decision or refuses to make a decision, the head of the credit institution is obliged, within three days from the date of expiration of the 10-day period, to apply to the Bank of Russia with a request to take measures to prevent bankruptcy of the credit institution.

In the second option, measures for the financial rehabilitation of a credit organization are carried out at the request of the Bank of Russia in the presence of the circumstances listed above, as well as in the cases provided for in Art. 74 of the Law on the Bank of Russia. Such a requirement must contain an indication of the reasons that served as the basis for its submission, as well as recommendations on the forms and timing of measures for the financial rehabilitation of the credit organization.

Within five days from the date of receipt of the Bank of Russia’s request to implement the above measures, the head of the credit institution is obliged to apply to the board of directors (supervisory board) of the credit institution with a request to implement measures for the financial rehabilitation of the credit institution and (or) a request for its reorganization.

From the date of receipt of the request of the Bank of Russia, containing the grounds for its direction, until the day of receipt of the corresponding permission from the Bank of Russia, a credit organization does not have the right to make decisions on the distribution of profits between its founders (participants), payment (declaration) of dividends, as well as distribute profits between its founders (participants ), pay them dividends, satisfy the demands of the founders (participants) of the credit organization to allocate them a share (part of the share) or pay its actual value or repurchase shares of the credit organization.

The Bank of Russia cancels the requirement to implement financial recovery measures within five days from the date of receipt from the credit institution implementing such measures documentary confirmation of the elimination of the grounds that gave rise to this requirement.

The financial recovery of a credit organization means the following measures:

1) provision of financial assistance to a credit organization by its founders (participants) and other persons in the form of:

– placing funds on deposit with a credit institution with a repayment period of at least six months and with interest accrued at a rate not exceeding the refinancing interest rate (discount rate) of the Bank of Russia;

– providing guarantees (bank guarantees) for loans to a credit institution;

– providing deferment and (or) installment payment;

– transfer of debt to a credit institution with the consent of its creditors;

– refusal to distribute the profit of a credit organization as dividends and direct it to implement measures for the financial rehabilitation of this credit organization;

– additional contribution to the authorized capital of this credit institution;

– debt forgiveness of a credit institution;

– innovations, as well as in other forms that help eliminate the reasons that caused the need to take measures for the financial rehabilitation of the credit organization.

The decision on the forms and conditions for providing financial assistance to a credit organization is made by the credit organization itself and the person providing financial assistance to it;

2) a change in the structure of the credit institution’s assets, providing for:

– improving the quality of its loan portfolio, including replacing illiquid assets with liquid ones;

– bringing the structure of assets in terms of maturity in accordance with the terms of obligations, ensuring their fulfillment;

– reduction of the credit institution’s expenses, including servicing the credit institution’s debt, and its management costs;

– sale of assets that do not generate income, as well as assets, the sale of which will not interfere with the performance of banking operations by a credit institution;

– other measures to change the structure of assets;

3) changing the structure of the credit organization’s liabilities, providing for:

– increase in own funds (capital);

– reduction in the size and (or) share of current and short-term liabilities in the overall structure of liabilities;

– increasing the share of medium-term and long-term liabilities in the overall structure of liabilities;

– other measures to change the structure of liabilities;

4) bringing the size of the authorized capital of the credit organization into line with the amount of its own funds (capital).

If the amount of the credit organization's own funds (capital) at the end of the reporting month is less than the size of its authorized capital, the credit organization is obliged to bring the size of the authorized capital into line with the amount of its own funds (capital).

A credit institution is obliged to make a decision on liquidation if the amount of its own funds (capital) at the end of the second and each subsequent financial year becomes less than the minimum amount of authorized capital established by the Federal Law “On Joint-Stock Companies” or the Federal Law “On Limited Liability Companies”.

If a credit organization does not make a decision on its liquidation within three months from the end of the financial year, the Bank of Russia is obliged to apply to the arbitration court with an application for the liquidation of this credit organization;

5) change in the organizational structure of the credit organization.

The organizational structure of a credit institution can be changed:

– changes in the composition and number of its employees;

– changes in the structure, reduction and liquidation of separate and other structural divisions of the credit organization, as well as in other ways that help eliminate the reasons that necessitated the need to take measures for the financial rehabilitation of the credit organization;

6) other measures.

After a decision is made on the need to carry out financial rehabilitation of a credit organization, a plan of measures for financial rehabilitation is drawn up, which must necessarily contain:

– assessment of the financial condition of the credit institution;

– an indication of the forms and extent of participation of the founders (participants) of the credit organization and other persons in its financial recovery;

– measures to reduce the costs of maintaining a credit institution;

– measures to generate additional income;

– measures to return overdue receivables;

– measures to change the organizational structure of a credit institution;

– the period for restoring the level of adequacy of own funds (capital) and current liquidity of the credit institution.

The form of the financial recovery plan is determined by a regulatory act of the Bank of Russia. The procedure and timing for submitting the action plan, as well as the procedure and timing for monitoring its implementation, are established by Bank of Russia Instruction No. 126-I dated November 11, 2005 “On the procedure for regulating relations related to the implementation of measures to prevent the insolvency (bankruptcy) of credit institutions” .

Failure of a credit institution to implement a financial recovery plan is grounds for the Bank of Russia to apply supervisory measures established by federal laws.

Provisional Administration

The provisional administration is a special management body of a credit organization appointed by the Bank of Russia for a period of no more than six months in the manner established by the Law on Bankruptcy of Credit Institutions and Bank of Russia Regulation No. 279-P dated November 9, 2005 “On the provisional administration for the management of a credit organization” .

During the period of activity of the provisional administration, the powers of the executive bodies of the credit organization can be either limited or suspended by the act of the Bank of Russia on the appointment of the provisional administration.

The Bank of Russia has the right to appoint a temporary administration if:

– the credit institution violates the current liquidity standard established by the Bank of Russia over the last month by more than 20%;

– the credit organization does not comply with the requirements of the Bank of Russia to replace its head or to implement measures for financial recovery or reorganization of the credit organization within the prescribed period;

– there are grounds for revoking a credit institution’s license to carry out banking operations in accordance with Art. 20 of the Banking Law.

The act of the Bank of Russia on the appointment of a temporary administration is published by the Bank of Russia in the Bulletin of the Bank of Russia within 10 days from the date of its adoption.

If, by the time the provisional administration expires, there are still grounds for its appointment, provided for by the Law on Bankruptcy of Credit Institutions, the provisional administration sends a petition to the Bank of Russia to revoke the credit organization's license to carry out banking operations.

The composition of the temporary administration is determined by order of the Bank of Russia.

An employee of the Bank of Russia is appointed as the head of the temporary administration, who distributes responsibilities among the members of the temporary administration and is responsible for its activities. The deputy head of the temporary administration is an employee of the Bank of Russia or the state corporation “Deposit Insurance Agency”. Members of the temporary administration may not be employees of the Bank of Russia or the Agency.

The head of the temporary administration must have a higher economic or higher legal education, work experience in the Bank of Russia of at least one year, and in the absence of a higher economic or higher legal education - work experience in the Bank of Russia of at least one year and (or) experience in managing a department (other division) of a credit organization related to banking operations for at least two years. A person who is or was, during the three years preceding the appointment of the temporary administration, a shareholder (participant) of a credit organization cannot be appointed as the head of the temporary administration.

The deputy head of the temporary administration and members of the temporary administration must have a higher economic or higher legal education, and in the absence of a higher economic or higher legal education, work experience in the banking system of the Russian Federation for at least two years.

The temporary administration cannot include:

– the sole executive body of the credit organization (the head of the credit organization), deputy heads of the credit organization, persons included in the board of directors (supervisory board) and the collegial executive body of the credit organization (board, directorate), as well as the chief accountant (accountant) of the credit organization, head the audit commission and members of the audit commission (auditors) of the credit organization, the head of the internal control service of the credit organization and employees of the internal control service of the credit organization;

– the sole executive body, his deputies, persons included in the board of directors (supervisory board) and the collegial executive body (board, directorate), as well as the chief accountant (accountant), head of the audit commission and members of the audit commission (auditors), head of the internal affairs service control and employees of the internal control service of a legal entity that is the main or subsidiary of a credit institution;

– the above-mentioned persons relieved of their duties during the 12 months preceding the appointment of the temporary administration;

– persons who are creditors of a credit institution (including depositors);

– persons in debt to a credit institution;

– persons with a criminal record for committing crimes in the economic sphere and against government authorities;

– persons who, within the 12 months preceding the appointment of a temporary administration, committed an administrative offense in the field of finance, taxes and fees, and the securities market, established by a resolution of the body authorized to consider cases of administrative offenses that has entered into legal force;

– other persons determined by law.

Expenses of the provisional administration related to its activities are borne by the credit institution.

The cost estimate for the provisional administration is approved by the Bank of Russia.

Expenses of the temporary administration within the limits of the estimate approved by the Bank of Russia are subject to extraordinary satisfaction.

If there is a lack of funds in the correspondent account of the credit organization, by order of the head of the temporary administration, within the limits of the amount of expenses approved in the estimate, the sale of foreign currency located on the correspondent accounts of the credit organization in other credit organizations can be carried out, and the proceeds can be credited to the correspondent account of the credit organization in establishment of the Bank of Russia.

The temporary administration, in the event of restrictions on the powers of the executive bodies of a credit organization, performs the following functions:

– participates in the development of measures for the financial rehabilitation of a credit organization and monitors their implementation;

– controls the disposal of the credit institution’s property within the limits established by Art. 20 of the Banking Law;

– performs other functions in accordance with federal laws.

When performing these functions, the temporary administration has the right:

– receive from the credit institution’s management bodies the necessary information and documents relating to the activities of the credit institution;

– give consent to transactions carried out by the management bodies of a credit institution:

a) related to the transfer of real estate to a credit organization for rent, collateral, making it as a contribution to the authorized capital of third parties, as well as disposing of such property in any other way;

b) related to the disposal of other property of a credit organization, the book value of which is more than 1% of the book value of the assets of the credit organization, including the receipt and issuance of loans and borrowings, the issuance of guarantees and sureties, the assignment of claims, the acceptance and forgiveness of debt, novation, compensation, as well as with the establishment of trust management;

c) with persons interested or affiliated with respect to the credit organization, or with persons in respect of whom the credit organization, in accordance with federal law, is an interested party, or with persons in respect of whom the credit organization has the opportunity, directly or indirectly (through a third party) to provide significant influence on decisions made by their management bodies, or with persons who have the opportunity, directly or indirectly (through a third party) to exert a significant influence on decisions made by the management bodies of a credit institution;

– apply to the Bank of Russia with a request to suspend the powers of the management bodies of the credit organization if they interfere with the implementation of the functions of the temporary administration or if this is necessary to implement measures to prevent bankruptcy of the credit organization.

If the powers of the executive bodies of a credit organization are suspended for the period of activity of the temporary administration, the executive bodies of the credit organization do not have the right to make decisions on issues within their competence by federal laws and the constituent documents of the credit organization. The management of the credit institution is taken over by a temporary administration. The executive bodies of the credit organization, no later than the day following the day of appointment of the temporary administration, are obliged to transfer to it the seals and stamps of the credit organization, and, within the time period agreed with the temporary administration, accounting and other documentation, material and other assets of the credit organization.

During this period, the temporary administration performs the following functions:

– exercises the powers of the executive bodies of the credit organization;

– conducts an examination of the credit organization;

– establishes the existence of grounds for revocation of the license to carry out banking operations, provided for in Art. 20 of the Banking Law;

– develops measures for the financial rehabilitation of a credit organization, organizes and controls their implementation;

– takes measures to ensure the safety of the credit institution’s property and documentation;

– establishes the creditors of the credit institution and the amount of their claims for monetary obligations;

– takes measures to collect debts to the credit institution;

– applies to the Bank of Russia with a request to introduce a moratorium on satisfying the claims of creditors of the credit institution;

– brings claims on behalf of the credit organization to courts of general jurisdiction, arbitration courts and arbitration courts;

– appoints representatives of the temporary administration to the branches of the credit organization, as well as to the management bodies of its subsidiaries;

– if necessary, removes members of the executive bodies of a credit organization from work and suspends the payment of wages to them;

– applies on behalf of the credit organization to a court or arbitration court with a request to recognize transactions made by the credit organization within three years before the date of appointment of the provisional administration as invalid if the price of these transactions and other conditions differ significantly to the detriment of the credit organization from the price and other conditions under which similar transactions are made in comparable circumstances;

– performs other functions.

If the powers of the executive bodies of a credit organization are suspended, the head of the temporary administration carries out activities on behalf of the credit organization without a power of attorney.

At the same time, only with the consent of the board of directors (supervisory board) of a credit organization or the general meeting of its founders (participants) the temporary administration has the right to carry out transactions related to:

– with the transfer of real estate to a credit organization for rent, collateral, with its introduction as a contribution to the authorized capital of third parties, as well as with the disposal of such property in another way;

– with the disposal of other property of the credit organization, the book value of which is more than 5% of the book value of the assets of the credit organization, including the receipt and issuance of loans and borrowings, issuance of guarantees and sureties, assignment of claims, transfer and forgiveness of debt, novation, compensation, as well as with the establishment of trust management.

A credit organization has the right to appeal the decision of the Bank of Russia on the appointment of a temporary administration to the arbitration court in the manner established by federal laws.

Appealing the decision of the Bank of Russia to appoint a provisional administration, as well as taking measures to secure claims against a credit institution, do not suspend the activities of the provisional administration.

If, as a result of the unjustified appointment of a temporary administration of a credit organization, real damage has been caused, the founders (participants) of the credit organization, who collectively own at least 1% of its authorized capital, have the right to file a claim with the Arbitration Court against the Bank of Russia for compensation for real damage.

The activities of the provisional administration are terminated upon expiration of its term of office established by order of the Bank of Russia.

The activities of the temporary administration may be terminated early:

– in case of elimination of the reasons that served as the basis for its appointment;

– after the arbitration court has made a decision to declare a credit organization bankrupt and to open bankruptcy proceedings (approval of the bankruptcy trustee) or the arbitration court’s decision to appoint a liquidator has entered into force;

– if it is impossible to ensure the personal safety of the head of the temporary administration, deputy head of the temporary administration, members of the temporary administration and representatives of the temporary administration. Moreover, such an inability to ensure personal safety must be confirmed to the Bank of Russia by copies of relevant documents (including copies of the temporary administration’s appeals to law enforcement agencies with a request to take measures to ensure personal safety and copies of responses to these appeals).

The order of the Bank of Russia to terminate the activities of the temporary administration is communicated to the territorial institutions of the Bank of Russia and credit institutions in the manner established by the regulations of the Bank of Russia, and is published by the Bank of Russia in the “Bulletin of the Bank of Russia” within 10 days from the date of its adoption.

Termination of the activities of the temporary administration upon elimination of the reasons that served as the basis for its appointment entails the restoration of the powers of the executive bodies of the credit organization.

The powers of the managers of a credit institution suspended from performing their duties for the period of activity of the temporary administration are considered restored after the termination of the activities of the temporary administration, unless the managers of the credit organization are relieved from performing their duties in accordance with the legislation of the Russian Federation.

The head of the temporary administration, after the restoration of the powers of the executive bodies of the credit organization, must hand over, and the head of the credit organization must accept, within the agreed time frame, seals (stamps), accounting and other documentation of the credit organization, accepted by the temporary administration.

Reorganization of a credit organization

The Bank of Russia has the right to demand the reorganization of a credit organization in cases where:

– the credit institution does not satisfy the claims of creditors (creditor) for monetary obligations (liabilities) and (or) does not fulfill the obligation to make mandatory payments within a period exceeding seven days or more from the date of their satisfaction and (or) execution, in connection with absence or insufficiency of funds in correspondent accounts of a credit institution;

– a credit institution allows a reduction in its own funds (capital) in comparison with their (his) maximum value achieved over the last 12 months by more than 30% while simultaneously violating one of the mandatory standards established by the Bank of Russia;

– the credit institution has violated the current liquidity standard established by the Bank of Russia over the last month by more than 20%.

The requirement of the Bank of Russia to carry out the reorganization of a credit organization must contain an indication of the reasons that served as the basis for its direction, as well as recommendations on the forms and timing of the reorganization.

Reorganization of a credit organization is carried out in the form of a merger or accession in the manner established by federal laws and regulations of the Bank of Russia adopted in accordance with them.

Requirements for the stability of credit institutions arising from the merger of credit institutions are determined by regulations of the Bank of Russia.

For more details on the reorganization of credit institutions in the form of mergers and acquisitions, see Chapter. "Reorganization of credit institutions."

1. In accordance with this paragraph, until the date of revocation of the license to carry out banking operations, the following measures are implemented to prevent bankruptcy of credit institutions:

1) financial recovery of the credit organization. For the purposes of this paragraph, the financial rehabilitation of a credit organization means the implementation, out of court, of the measures provided for in Article 189.14 of this Federal Law;

2) appointment of a temporary administration to manage a credit institution, with the exception of the case of appointment of a temporary administration in connection with the revocation of a license to carry out banking operations;

3) reorganization of a credit organization;

4) measures to prevent bankruptcy of a credit organization that has a permit (license) to attract funds from individuals on deposit and to open and maintain bank accounts for individuals, issued by the Bank of Russia in the manner established by the Federal Law “On Banks and Banking Activities” (hereinafter - bank), which are carried out with the participation of the Bank of Russia or the Agency in accordance with this paragraph. Measures to prevent bank bankruptcy with the participation of the Bank of Russia are carried out in accordance with the decision of the Board of Directors of the Bank of Russia. On behalf of the Bank of Russia, these measures are carried out by the Management Company.

(see text in the previous edition)

3. Measures to prevent bank bankruptcy, provided for in subparagraph 4 of paragraph 1 of this article, are carried out when the grounds established by Article 189.47 of this Federal Law arise.

4. The credit organization, its founders (participants), members of the board of directors (supervisory board), the head of the credit organization, recognized as such in accordance with Article 11.1 of the Federal Law “On Banks and Banking Activities” (hereinafter referred to as the head of the credit organization), in the event of an on the grounds specified in Article 189.10 of this Federal Law, they are obliged to take necessary and timely measures for the financial recovery and (or) reorganization of the credit organization.

5. The Bank of Russia, in the manner established by the regulations of the Bank of Russia, in the event of the occurrence of the grounds provided for in Article 189.10 of this Federal Law, has the right to require the credit organization to take measures for its financial rehabilitation, reorganization, and also to appoint a temporary administration to manage the credit organization.

6. A requirement to implement measures for the financial rehabilitation of a credit organization is not sent if the Bank of Russia is obliged to revoke the credit organization’s license to carry out banking operations on one or more grounds provided for in part two of Article 20 of the Federal Law “On Banks and Banking Activities”.