GOVERNMENT OF THE RUSSIAN FEDERATION
ON CASES OF ADMISSIBILITY OF AGREEMENTS
In accordance with Part 2 of Article 13 of the Federal Law "On Protection of Competition", the Government of the Russian Federation decides:
1. Approve the attached general exceptions to agreements between credit and insurance companies.
2. To establish that the general exceptions approved by this Resolution are valid for 5 years from the date of entry into force of this Resolution.
3. Credit and insurance organizations - the parties to the agreement have the right to apply to the antimonopoly authority with an application to verify the compliance of the draft agreement with the general exceptions approved by this Resolution.
Prime Minister
Russian Federation
V. PUTIN
Approved
Government Decree
Russian Federation
dated April 30, 2009 N 386
GENERAL AGREEMENT EXCLUSIONS
BETWEEN CREDIT AND INSURANCE ORGANIZATIONS
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
1. This document applies to agreements between credit and insurance organizations in respect of which the following conditions are observed (hereinafter referred to as agreements):
agreements determine the procedure for interaction between the parties when insuring the risks of borrowers of a credit institution, including potential borrowers who are legal entities and individuals;
risk insurance is a prerequisite for providing a loan or lending to borrowers (hereinafter referred to as lending) in accordance with the legislation of the Russian Federation and (or) the terms of a loan agreement or a loan agreement concluded between a credit institution and a borrower.
2. The agreement is recognized as admissible if a credit institution that is a party to such an agreement accepts insurance policies (insurance contracts) of any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, and simultaneously fulfills the following conditions:
a) establishes an exhaustive list of requirements for insurance organizations, which:
aimed at assessing the financial stability and solvency of the insurance company, as well as disclosing information about the owners of the insurance company;
do not require an insurance company to have:
a certain amount of the authorized capital, except for the case when this amount corresponds to the minimum amount of the authorized capital of an insurance organization established by insurance legislation;
a certain amount of the collected insurance premium (in absolute terms) in general or by type of insurance;
a certain amount of insurance reserves or own funds;
experience in carrying out insurance activities, except for the case when the requirement for the minimum period for carrying out insurance activities is no more than 3 years;
branches, representative offices, other structural divisions, as well as insurance agents outside the location of the insurance company;
rating of Russian or international rating agencies;
b) establishes an exhaustive list of requirements for the conditions for the provision of insurance services, while the specified requirements:
do not contain conditions that are clearly burdensome for borrowers, which, based on reasonably understood interests, they would not accept if they had the opportunity to participate in determining the terms of insurance contracts;
do not relate to the subject of the insurance contract;
are clearly formulated and exclude their ambiguous interpretation;
do not provide for the obligation of the borrower to conclude an insurance contract for a period equal to the loan term, in the event that lending is carried out for a period of more than 1 year (when insuring the risks of borrowers as part of the implementation of mortgage lending programs, with the exception of insurance of the borrower's liability for non-performance or improper performance of obligations under loan repayment, requirements for the terms of the provision of insurance services may stipulate the obligation of the borrower to conclude an insurance contract for a period equal to the loan term, if the terms of the insurance contract provide for the possibility of paying the insurance premium in installments with payment of the next insurance premium at least 1 time per year);
do not provide for restrictions on the amount of the insured amount, except for the establishment of the insured amount in the amount of the total amount of debt under the loan agreement or credit agreement at the time of the conclusion of the insurance contract or payment of the next insurance premium (the total amount of debt under the specified contract does not include payments related to non-compliance by the borrower terms of the contract);
c) establishes an exhaustive list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
d) establishes the terms for sending the insurance organization, which has made a corresponding request, the list of requirements of the credit organization to insurance organizations and the conditions for the provision of insurance services, as well as the list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the specified requirements;
e) sets the terms (no more than 60 working days from the date of receipt of all the necessary information and documents provided for by the list specified in subparagraph "c" of this paragraph) for consideration of the information and documents submitted by the insurance organization to verify its compliance with the requirements for insurance organizations and the conditions for providing insurance services, as well as terms (no more than 10 working days from the date of the relevant decision) for sending a reasoned response to the insurance company about its compliance or non-compliance with the specified requirements;
f) establishes the terms (no more than 10 working days from the date of adoption of the relevant decision) for the inclusion of the insurance organization in the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, as well as the procedure for the formation of the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, including the grounds for including and excluding an insurance company from the specified list;
g) establishes the procedure for informing borrowers about the right to choose any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
h) informs borrowers on the official website of the credit institution on the Internet (if available), on information stands in the premises of the credit institution and customer service points, as well as when verbally contacting the credit institution, the following information:
information on the ability of borrowers to insure risks in any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of insurance organizations that meet the requirements of a credit institution for insurance organizations and the conditions for the provision of insurance services;
the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of information and documents that an insurance organization must submit to a credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
i) does not establish restrictions (limits) on the number of insurance contracts that can be entered into with borrowers by insurance organizations that meet the requirements of the credit institution for insurance organizations and the conditions for the provision of insurance services, restrictions (limits) on the amount of the insured amount that can be established in insurance contracts, concluded with the borrower, insurance organizations that meet the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, as well as restrictions (limits) on the amount of insurance premium that can be received by an insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services , under insurance contracts concluded with borrowers.
3. Conditions of agreements that establish:
a) the obligation of the parties to the agreement not to conclude similar agreements with other credit and insurance organizations, with the exception of contracts under which the credit organization acts as an insurance agent and undertakes not to conclude agency contracts with other insurance organizations;
b) the obligation of the parties to require the borrower to insure the risks in one insurance organization during the entire loan period;
c) the obligation of the parties to require the borrower to insure risks other than the risk of loss or damage to the pledged property, except for the case when the agreement provides for the obligation of the credit institution to offer the borrower credit on terms and conditions comparable in terms of lending terms and amounts, excluding the obligation of the borrower to insure risks other than risk loss or damage to pledged property;
d) restricting the right of a credit institution to form several lists of insurance organizations that meet the requirements of a credit institution to insurance organizations and the conditions for the provision of insurance services, as well as to impose various requirements on insurance organizations and conditions for the provision of insurance services, depending on the type (program) of lending;
e) limiting the right of a credit institution to use such characteristics as the size of the authorized capital, the amount of collected insurance premiums, the amount of insurance reserves and the insurance company's own funds when calculating relative indicators characterizing the financial stability and solvency of the insurance organization;
f) the obligation of an insurance organization to place funds on deposits and in securities of a credit institution, to maintain balances in accounts with a credit institution at a certain amount, and also to maintain the turnover of funds on current accounts in a credit institution at a certain amount.
4. In order to ensure competition, the agreement must contain a condition according to which the credit institution is obliged to accept the insurance policy (insurance contract) of any insurance organization chosen by the borrower, provided that the insurance organization meets the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services.
5. An agreement in respect of which the conditions specified in clauses 2 - 4 of this document are met is permissible if its conclusion is not a prerequisite for the inclusion of an insurance organization in the list of insurance organizations that meet the credit organization's requirements for insurance organizations and the conditions for the provision of insurance services.
In accordance with Part 2 of Article 13 of the Federal Law "On Protection of Competition", the Government of the Russian Federation decides:
1. Approve the attached general exceptions to agreements between credit and insurance companies.
2. To establish that the general exceptions approved by this resolution are valid for 5 years from the date of entry into force of this resolution.
3. Credit and insurance organizations - the parties to the agreement have the right to apply to the antimonopoly authority with an application to verify the compliance of the draft agreement with the general exceptions approved by this resolution.
Prime Minister
Russian Federation
V. Putin
General exceptions to agreements between credit and insurance organizations
1. This document applies to agreements between credit and insurance organizations in respect of which the following conditions are observed (hereinafter referred to as agreements):
the agreements determine the procedure for interaction between the parties when insuring the risks of borrowers of a credit institution, including potential borrowers who are legal entities and individuals (except for the interaction of the parties when insuring the risks of borrowers within the framework of the implementation of mortgage lending programs);
risk insurance is a prerequisite for providing a loan or lending to borrowers (hereinafter referred to as lending) in accordance with the legislation of the Russian Federation and (or) the terms of a loan agreement or a loan agreement concluded between a credit institution and a borrower.
2. The agreement is recognized as admissible if a credit institution that is a party to such an agreement accepts insurance policies (insurance contracts) of any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, and simultaneously fulfills the following conditions:
a) establishes an exhaustive list of requirements for insurance organizations, which:
aimed at assessing the financial stability and solvency of the insurance company, as well as disclosing information about the owners of the insurance company;
do not require an insurance company to have:
a certain amount of the authorized capital, except for the case when this amount corresponds to the minimum amount of the authorized capital of an insurance organization established by insurance legislation;
a certain amount of the collected insurance premium (in absolute terms) in general or by type of insurance;
a certain amount of insurance reserves or own funds;
experience in carrying out insurance activities, except for the case when the requirement for the minimum period for carrying out insurance activities is no more than 3 years;
branches, representative offices, other structural divisions, as well as insurance agents outside the location of the insurance company;
b) establishes an exhaustive list of requirements for the conditions for the provision of insurance services, while the specified requirements:
do not relate to the subject of the insurance contract;
are clearly formulated and exclude their ambiguous interpretation;
do not provide for the obligation of the borrower to conclude an insurance contract for a period equal to the loan term, in the event that lending is carried out for a period exceeding 1 year;
do not provide for restrictions on the amount of the insured amount, except for the establishment of the insured amount in the amount of the total amount of debt under a loan agreement or credit agreement (the total amount of debt under this agreement does not include payments related to non-compliance by the borrower with the terms of the agreement);
c) establishes a list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
d) establishes the terms for sending the insurance organization, which has made a corresponding request, the list of requirements of the credit organization to insurance organizations and the conditions for the provision of insurance services, as well as the list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the specified requirements;
e) establishes the terms for consideration of the information and documents submitted by the insurance organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services, as well as the terms for sending a reasoned response to the insurance organization about its compliance or non-compliance with the specified requirements;
f) establishes the terms for the inclusion of the insurance organization in the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, as well as the procedure for the formation of the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, including the grounds to include and exclude an insurance company from the specified list;
g) establishes the procedure for informing borrowers about the right to choose any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
h) informs borrowers on the official website of the credit institution on the Internet (if available), on information stands in the premises of the credit institution and customer service points, as well as when verbally contacting the credit institution, the following information:
information on the ability of borrowers to insure risks in any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of insurance organizations that meet the requirements of a credit institution for insurance organizations and the conditions for the provision of insurance services;
the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of information and documents that an insurance organization must submit to a credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
i) does not establish restrictions (limits) on the number of insurance contracts that can be entered into with borrowers by insurance organizations that meet the requirements of the credit institution for insurance organizations and the conditions for the provision of insurance services, restrictions (limits) on the amount of the insured amount that can be established in insurance contracts, concluded with the borrower, insurance organizations that meet the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, as well as restrictions (limits) on the amount of insurance premium that can be received by an insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services , under insurance contracts concluded with borrowers.
3. Conditions of agreements that establish:
a) the obligation of the parties to the agreement not to conclude similar agreements with other credit and insurance organizations, with the exception of contracts under which the insurance agent is a credit organization;
b) the obligation of the parties to require the borrower to insure the risks in one insurance organization during the entire loan period;
c) the obligation of the parties to require the borrower to insure risks other than the risk of loss or damage to the pledged property, except for the case when the agreement provides for the obligation of the credit institution to offer the borrower credit on terms and conditions comparable in terms of lending terms and amounts, excluding the obligation of the borrower to insure risks other than risk loss or damage to pledged property;
d) restricting the right of a credit institution to form several lists of insurance organizations that meet the requirements of a credit institution to insurance organizations and the conditions for the provision of insurance services, as well as to impose various requirements on insurance organizations and conditions for the provision of insurance services, depending on the type (program) of lending;
e) restricting the right of a credit institution to use such characteristics as the size of the authorized capital, the amount of collected insurance premiums, the amount of insurance reserves and the insurance company's own funds when calculating relative indicators characterizing the financial stability and solvency of the insurance organization.
4. In order to ensure competition, the agreement must contain a condition according to which the credit institution is obliged to accept the insurance policy (insurance contract) of any insurance organization chosen by the borrower, provided that the insurance organization meets the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services.
5. An agreement in respect of which the conditions specified in clauses 2-4 of this document are met is permissible if its conclusion is not a prerequisite for the inclusion of an insurance organization in the list of insurance organizations that meet the credit organization's requirements for insurance organizations and the conditions for the provision of insurance services.
It does not work Edition from 30.04.2009
| Name document | DECREE of the Government of the Russian Federation of 30.04.2009 N 386 "ON CASES OF PERMISSIBILITY OF AGREEMENTS BETWEEN CREDIT AND INSURANCE ORGANIZATIONS" |
| Type of document | decree |
| Host body | Russian government |
| Document Number | 386 |
| Date of adoption | 01.01.1970 |
| Date of revision | 30.04.2009 |
| Date of registration with the Ministry of Justice | 01.01.1970 |
| Status | It does not work |
| Publication |
|
| Navigator | Notes (edit) |
DECREE of the Government of the Russian Federation of 30.04.2009 N 386 "ON CASES OF PERMISSIBILITY OF AGREEMENTS BETWEEN CREDIT AND INSURANCE ORGANIZATIONS"
Resolution
In accordance with Part 2 of Article 13 of the Federal Law "On Protection of Competition", the Government of the Russian Federation decides:
1. Approve the attached general exceptions to agreements between credit and insurance companies.
2. To establish that the general exceptions approved by this resolution are valid for 5 years from the date of entry into force of this resolution.
3. Credit and insurance organizations - the parties to the agreement have the right to apply to the antimonopoly authority with an application to verify the compliance of the draft agreement with the general exceptions approved by this resolution.
Prime Minister
Russian Federation
V. PUTIN
APPROVED BY
government decree
Russian Federation
dated April 30, 2009 N 386
1. This document applies to agreements between credit and insurance organizations in respect of which the following conditions are observed (hereinafter referred to as agreements):
the agreements determine the procedure for interaction between the parties when insuring the risks of borrowers of a credit institution, including potential borrowers who are legal entities and individuals (except for the interaction of the parties when insuring the risks of borrowers within the framework of the implementation of mortgage lending programs);
risk insurance is a prerequisite for providing a loan or lending to borrowers (hereinafter referred to as lending) in accordance with the legislation of the Russian Federation and (or) the terms of a loan agreement or a loan agreement concluded between a credit institution and a borrower.
2. The agreement is recognized as admissible if a credit institution that is a party to such an agreement accepts insurance policies (insurance contracts) of any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, and simultaneously fulfills the following conditions:
a) establishes an exhaustive list of requirements for insurance organizations, which:
aimed at assessing the financial stability and solvency of the insurance company, as well as disclosing information about the owners of the insurance company;
do not require an insurance company to have:
a certain amount of the authorized capital, except for the case when this amount corresponds to the minimum amount of the authorized capital of an insurance organization established by insurance legislation;
a certain amount of the collected insurance premium (in absolute terms) in general or by type of insurance;
a certain amount of insurance reserves or own funds;
experience in carrying out insurance activities, except for the case when the requirement for the minimum period for carrying out insurance activities is no more than 3 years;
branches, representative offices, other structural divisions, as well as insurance agents outside the location of the insurance company;
b) establishes an exhaustive list of requirements for the conditions for the provision of insurance services, while the specified requirements:
do not relate to the subject of the insurance contract;
are clearly formulated and exclude their ambiguous interpretation;
do not provide for the obligation of the borrower to conclude an insurance contract for a period equal to the loan term, in the event that lending is carried out for a period exceeding 1 year;
do not provide for restrictions on the amount of the insured amount, except for the establishment of the insured amount in the amount of the total amount of debt under a loan agreement or credit agreement (the total amount of debt under this agreement does not include payments related to non-compliance by the borrower with the terms of the agreement);
c) establishes a list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
d) establishes the terms for sending the insurance organization, which has made a corresponding request, the list of requirements of the credit organization to insurance organizations and the conditions for the provision of insurance services, as well as the list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the specified requirements;
e) establishes the terms for consideration of the information and documents submitted by the insurance organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services, as well as the terms for sending a reasoned response to the insurance organization about its compliance or non-compliance with the specified requirements;
f) establishes the terms for the inclusion of the insurance organization in the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, as well as the procedure for the formation of the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, including the grounds to include and exclude an insurance company from the specified list;
g) establishes the procedure for informing borrowers about the right to choose any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
h) informs borrowers on the official website of the credit institution on the Internet (if available), on information stands in the premises of the credit institution and customer service points, as well as when verbally contacting the credit institution, the following information:
information on the ability of borrowers to insure risks in any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of insurance organizations that meet the requirements of a credit institution for insurance organizations and the conditions for the provision of insurance services;
the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of information and documents that an insurance organization must submit to a credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
i) does not establish restrictions (limits) on the number of insurance contracts that can be entered into with borrowers by insurance organizations that meet the requirements of the credit institution for insurance organizations and the conditions for the provision of insurance services, restrictions (limits) on the amount of the insured amount that can be established in insurance contracts, concluded with the borrower, insurance organizations that meet the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, as well as restrictions (limits) on the amount of insurance premium that can be received by an insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services , under insurance contracts concluded with borrowers.
3. Conditions of agreements that establish:
a) the obligation of the parties to the agreement not to conclude similar agreements with other credit and insurance organizations, with the exception of contracts under which the insurance agent is a credit organization;
b) the obligation of the parties to require the borrower to insure the risks in one insurance organization during the entire loan period;
c) the obligation of the parties to require the borrower to insure risks other than the risk of loss or damage to the pledged property, except for the case when the agreement provides for the obligation of the credit institution to offer the borrower credit on terms and conditions comparable in terms of lending terms and amounts, excluding the obligation of the borrower to insure risks other than risk loss or damage to pledged property;
d) restricting the right of a credit institution to form several lists of insurance organizations that meet the requirements of a credit institution to insurance organizations and the conditions for the provision of insurance services, as well as to impose various requirements on insurance organizations and conditions for the provision of insurance services, depending on the type (program) of lending;
e) restricting the right of a credit institution to use such characteristics as the size of the authorized capital, the amount of collected insurance premiums, the amount of insurance reserves and the insurance company's own funds when calculating relative indicators characterizing the financial stability and solvency of the insurance organization.
4. In order to ensure competition, the agreement must contain a condition according to which the credit institution is obliged to accept the insurance policy (insurance contract) of any insurance organization chosen by the borrower, provided that the insurance organization meets the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services.
5. An agreement in respect of which the conditions specified in clauses 2-4 of this document are met is permissible if its conclusion is not a prerequisite for the inclusion of an insurance organization in the list of insurance organizations that meet the credit organization's requirements for insurance organizations and the conditions for the provision of insurance services.
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the Russian Federation
DECISION of the Government of the Russian Federation of 30.04.2009 N 386 (revised from 03.12.2010) "ON CASES OF ACCEPTABILITY OF AGREEMENTS BETWEEN CREDIT AND INSURANCE ORGANIZATIONS"
dated 03.12.2010 N 968)
1. This document applies to agreements between credit and insurance organizations in respect of which the following conditions are observed (hereinafter referred to as agreements):
agreements determine the procedure for interaction between the parties when insuring the risks of borrowers of a credit institution, including potential borrowers who are legal entities and individuals;
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
risk insurance is a prerequisite for providing a loan or lending to borrowers (hereinafter referred to as lending) in accordance with the legislation of the Russian Federation and (or) the terms of a loan agreement or a loan agreement concluded between a credit institution and a borrower.
2. The agreement is recognized as admissible if a credit institution that is a party to such an agreement accepts insurance policies (insurance contracts) of any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, and simultaneously fulfills the following conditions:
a) establishes an exhaustive list of requirements for insurance organizations, which:
aimed at assessing the financial stability and solvency of the insurance company, as well as disclosing information about the owners of the insurance company;
do not require an insurance company to have:
a certain amount of the authorized capital, except for the case when this amount corresponds to the minimum amount of the authorized capital of an insurance organization established by insurance legislation;
a certain amount of the collected insurance premium (in absolute terms) in general or by type of insurance;
a certain amount of insurance reserves or own funds;
experience in carrying out insurance activities, except for the case when the requirement for the minimum period for carrying out insurance activities is no more than 3 years;
branches, representative offices, other structural divisions, as well as insurance agents outside the location of the insurance company;
b) establishes an exhaustive list of requirements for the conditions for the provision of insurance services, while the specified requirements:
do not relate to the subject of the insurance contract;
are clearly formulated and exclude their ambiguous interpretation;
do not provide for the obligation of the borrower to conclude an insurance contract for a period equal to the loan term, in the event that lending is carried out for a period of more than 1 year (when insuring the risks of borrowers as part of the implementation of mortgage lending programs, with the exception of insurance of the borrower's liability for non-performance or improper performance of obligations under loan repayment, requirements for the terms of the provision of insurance services may stipulate the obligation of the borrower to conclude an insurance contract for a period equal to the loan term, if the terms of the insurance contract provide for the possibility of paying the insurance premium in installments with payment of the next insurance premium at least 1 time per year);
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
do not provide for restrictions on the amount of the insured amount, except for the establishment of the insured amount in the amount of the total amount of debt under the loan agreement or credit agreement at the time of the conclusion of the insurance contract or payment of the next insurance premium (the total amount of debt under the specified contract does not include payments related to non-compliance by the borrower terms of the contract);
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
c) establishes an exhaustive list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
d) establishes the terms for sending the insurance organization, which has made a corresponding request, the list of requirements of the credit organization to insurance organizations and the conditions for the provision of insurance services, as well as the list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the specified requirements;
e) sets the terms (no more than 60 working days from the date of receipt of all the necessary information and documents provided for by the list specified in subparagraph "c" of this paragraph) for consideration of the information and documents submitted by the insurance organization to verify its compliance with the requirements for insurance organizations and the conditions for providing insurance services, as well as terms (no more than 10 working days from the date of the relevant decision) for sending a reasoned response to the insurance company about its compliance or non-compliance with the specified requirements;
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
f) establishes the terms (no more than 10 working days from the date of adoption of the relevant decision) for the inclusion of the insurance organization in the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, as well as the procedure for the formation of the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, including the grounds for including and excluding an insurance company from the specified list;
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
g) establishes the procedure for informing borrowers about the right to choose any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
h) informs borrowers on the official website of the credit institution on the Internet (if available), on information stands in the premises of the credit institution and customer service points, as well as when verbally contacting the credit institution, the following information:
information on the ability of borrowers to insure risks in any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of insurance organizations that meet the requirements of a credit institution for insurance organizations and the conditions for the provision of insurance services;
the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of information and documents that an insurance organization must submit to a credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
i) does not establish restrictions (limits) on the number of insurance contracts that can be entered into with borrowers by insurance organizations that meet the requirements of the credit institution for insurance organizations and the conditions for the provision of insurance services, restrictions (limits) on the amount of the insured amount that can be established in insurance contracts, concluded with the borrower, insurance organizations that meet the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, as well as restrictions (limits) on the amount of insurance premium that can be received by an insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services , under insurance contracts concluded with borrowers.
3. Conditions of agreements that establish:
A) the obligation of the parties to the agreement not to conclude similar agreements with other credit and insurance organizations, with the exception of contracts under which the credit organization acts as an insurance agent and undertakes not to conclude agency contracts with other insurance organizations;
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
b) the obligation of the parties to require the borrower to insure the risks in one insurance organization during the entire loan period;
c) the obligation of the parties to require the borrower to insure risks other than the risk of loss or damage to the pledged property, except for the case when the agreement provides for the obligation of the credit institution to offer the borrower credit on terms and conditions comparable in terms of lending terms and amounts, excluding the obligation of the borrower to insure risks other than risk loss or damage to pledged property;
d) restricting the right of a credit institution to form several lists of insurance organizations that meet the requirements of a credit institution to insurance organizations and the conditions for the provision of insurance services, as well as to impose various requirements on insurance organizations and conditions for the provision of insurance services, depending on the type (program) of lending;
e) limiting the right of a credit institution to use such characteristics as the size of the authorized capital, the amount of collected insurance premiums, the amount of insurance reserves and the insurance company's own funds when calculating relative indicators characterizing the financial stability and solvency of the insurance organization;
f) the obligation of an insurance organization to place funds on deposits and in securities of a credit institution, to maintain balances in accounts with a credit institution at a certain amount, and also to maintain the turnover of funds on current accounts in a credit institution at a certain amount.
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
4. In order to ensure competition, the agreement must contain a condition according to which the credit institution is obliged to accept the insurance policy (insurance contract) of any insurance organization chosen by the borrower, provided that the insurance organization meets the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services.
5. An agreement in respect of which the conditions specified in clauses 2-4 of this document are met is permissible if its conclusion is not a prerequisite for the inclusion of an insurance organization in the list of insurance organizations that meet the credit organization's requirements for insurance organizations and the conditions for the provision of insurance services.
1. Approve the attached general exceptions to agreements between credit and insurance companies.
2. To establish that the general exceptions approved by this resolution are valid for 13 years from the date of entry into force of this resolution. from 04.29.2014 N 394, from 24.04.2017 N 487)
3. Credit and insurance organizations - the parties to the agreement have the right to apply to the antimonopoly authority with an application to verify the compliance of the draft agreement with the general exceptions approved by this resolution.
Prime Minister
Russian Federation
V. PUTIN
APPROVED BY
government decree
Russian Federation
dated April 30, 2009 N 386
GENERAL EXCLUSIONS TO AGREEMENTS BETWEEN LOAN AND INSURANCE ORGANIZATIONS
(as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968, of 24.04.2017 N 487)
1. This document applies to agreements between credit and insurance organizations in respect of which the following conditions are observed (hereinafter referred to as agreements):
agreements determine the procedure for interaction between the parties when insuring the risks of borrowers of a credit institution, including potential borrowers who are legal entities and individuals; dated 03.12.2010 N 968)
risk insurance is a prerequisite for providing a loan or lending to borrowers (hereinafter referred to as lending) in accordance with the legislation of the Russian Federation and (or) the terms of a loan agreement or a loan agreement concluded between a credit institution and a borrower.
2. The agreement is recognized as admissible if a credit institution that is a party to such an agreement accepts insurance policies (insurance contracts) of any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, and simultaneously fulfills the following conditions:
a) establishes an exhaustive list of requirements for insurance organizations, which:
aimed at assessing the financial stability and solvency of the insurance company, as well as disclosing information about the owners of the insurance company;
do not require an insurance company to have:
a certain amount of the authorized capital, except for the case when this amount corresponds to the minimum amount of the authorized capital of an insurance organization established by insurance legislation;
a certain amount of the collected insurance premium (in absolute terms) in general or by type of insurance;
a certain amount of insurance reserves or own funds;
experience in carrying out insurance activities, except for the case when the requirement for the minimum period for carrying out insurance activities is no more than 3 years;
branches, representative offices, other structural divisions, as well as insurance agents outside the location of the insurance company;
a certain number and staffing of employees of the insurance organization; (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
b) establishes an exhaustive list of requirements for the conditions for the provision of insurance services, while the specified requirements:
do not relate to the subject of the insurance contract;
are clearly formulated and exclude their ambiguous interpretation;
do not provide for the obligation of the borrower to conclude an insurance contract for a period equal to the loan term, in the event that lending is carried out for a period of more than 1 year (when insuring the risks of borrowers as part of the implementation of mortgage lending programs, with the exception of insurance of the borrower's liability for non-performance or improper performance of obligations under loan repayment, requirements for the terms of the provision of insurance services may stipulate the obligation of the borrower to conclude an insurance contract for a period equal to the loan term, if the terms of the insurance contract provide for the possibility of paying the insurance premium in installments with payment of the next insurance premium at least once a year); (as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
do not provide for restrictions on the amount of the insured amount, except for the establishment of the insured amount in the amount of the total amount of debt under the loan agreement or credit agreement at the time of the conclusion of the insurance contract or payment of the next insurance premium (the total amount of debt under the specified contract does not include payments related to non-compliance by the borrower terms of the contract); (as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
c) establishes an exhaustive list of information and documents that the insurance organization must submit to the credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services; (as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
(as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
d) establishes the time frame (no more than 10 working days from the date of receipt of the request) for the insurance organization that has made the request, the list of requirements of the credit organization to insurance organizations and the conditions for the provision of insurance services, as well as the list of information and documents that the insurance organization must submit to a credit organization to check its compliance with the specified requirements;
as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
e) establishes terms (no more than 60 working days from the date of receipt of all the necessary information and documents provided for by the list specified in subparagraph "c" of this paragraph) for consideration of the information and documents submitted by the insurance organization to verify its compliance with the requirements for insurance organizations and the conditions for providing insurance services, as well as terms (no more than 10 working days from the date of the relevant decision) for sending a reasoned response to the insurance company about its compliance with the specified requirements or non-compliance with specific requirements from the list of specified requirements; (as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968, of 24.04.2017 N 487)
f) establishes the terms (no more than 10 working days from the date of the relevant decision) for the inclusion of the insurance organization in the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services, as well as the procedure for the formation of the list of insurance organizations that meet the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services; (as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968, of 24.04.2017 N 487)
g) establishes the procedure for informing borrowers about the right to choose any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
h) informs borrowers on the official website of the credit institution in the information and telecommunications network "Internet" (if available), on information stands in the premises of the credit institution and in customer service points, as well as when verbally contacting the credit institution, the following information: (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
information on the ability of borrowers to insure risks in any insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of insurance organizations that meet the requirements of a credit institution for insurance organizations and the conditions for the provision of insurance services;
the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services;
a list of information and documents that an insurance organization must submit to a credit organization to verify its compliance with the requirements for insurance organizations and the conditions for the provision of insurance services;
information on the consequences of the conclusion of insurance contracts with insurance organizations that do not meet the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services established by the credit institution in the terms of credit agreements (loan agreements), including those excluded from the list of insurance organizations that meet such requirements; (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
i) does not establish restrictions (limits) on the number of insurance contracts that can be entered into with borrowers by insurance organizations that meet the requirements of the credit institution for insurance organizations and the conditions for the provision of insurance services, restrictions (limits) on the amount of the insured amount that can be established in insurance contracts, concluded with the borrower, insurance organizations that meet the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services, as well as restrictions (limits) on the amount of insurance premium that can be received by an insurance organization that meets the credit institution's requirements for insurance organizations and the conditions for the provision of insurance services , under insurance contracts concluded with borrowers;
j) establishes the possible frequency (no more than once a calendar quarter) of the procedure for confirming compliance with the requirements for insurance organizations and the conditions for the provision of insurance services to an insurance organization included in the list of insurance organizations that meet the specified requirements, as well as the procedure and timing of such a procedure; (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
k) establishes an exhaustive list of information and documents that an insurance organization included in the list of insurance organizations that meet the requirements for insurance organizations and the conditions for the provision of insurance services, submits to the credit organization to confirm its compliance with the specified requirements. (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
Such information and documents are submitted by the insurance company only in the absence of up-to-date information on the official websites of the insurance company and the Central Bank of the Russian Federation in the information and telecommunications network "Internet"; (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
l) establishes the procedure and terms for informing the insurance organization based on the results of the procedure for confirming compliance with the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services about its compliance with the specified requirements or its non-compliance with specific requirements from the list of specified requirements and its exclusion from the list of insurance organizations that meet these requirements ; (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
m) does not provide for restrictions for an insurance organization in relation to the timeframe for submitting documents for re-passing the check for compliance with the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services in the event that the reasons that served as the basis for making a decision on the non-compliance of the insurance organization with the specified requirements are eliminated; (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
n) establishes the possible frequency of amendments to the requirements of the credit institution for insurance organizations and the conditions for the provision of insurance services (no more than once within 6 months, except for cases caused by amendments to the regulatory legal acts of the Russian Federation and the regulatory acts of the Central Bank of the Russian Federation) , as well as the procedure and terms (no more than 10 working days from the date of making the relevant changes) informing insurance organizations included in the list of insurance organizations that meet the requirements of a credit institution for insurance organizations and the conditions for providing insurance services about the changes. (as amended by Resolutions of the Government of the Russian Federation of 24.04.2017 N 487)
3. Conditions of agreements that establish:
a) the obligation of the parties to the agreement not to conclude similar agreements with other credit and insurance organizations, with the exception of contracts under which the credit organization acts as an insurance agent and undertakes not to conclude agency contracts with other insurance organizations; (as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
b) the obligation of the parties to require the borrower to insure the risks in one insurance organization during the entire loan period;
c) the obligation of the parties to require the borrower to insure risks other than the risk of loss or damage to the pledged property, except for the case when the agreement provides for the obligation of the credit institution to offer the borrower credit on terms and conditions comparable in terms of lending terms and amounts, excluding the obligation of the borrower to insure risks other than risk loss or damage to pledged property;
d) restricting the right of a credit institution to form several lists of insurance organizations that meet the requirements of a credit institution to insurance organizations and the conditions for the provision of insurance services, as well as to impose various requirements on insurance organizations and conditions for the provision of insurance services, depending on the type (program) of lending;
e) limiting the right of a credit institution to use such characteristics as the size of the authorized capital, the amount of collected insurance premiums, the amount of insurance reserves and the insurance company's own funds when calculating relative indicators characterizing the financial stability and solvency of the insurance organization;
f) the obligation of an insurance organization to place funds on deposits and in securities of a credit institution, to maintain balances in accounts with a credit institution at a certain amount, and also to maintain the turnover of funds on current accounts in a credit institution at a certain amount. (as amended by Resolutions of the Government of the Russian Federation of 03.12.2010 N 968)
4. In order to ensure competition, the agreement must contain a condition according to which the credit institution is obliged to accept the insurance policy (insurance contract) of any insurance organization chosen by the borrower, provided that the insurance organization meets the requirements of the credit organization for insurance organizations and the conditions for the provision of insurance services.
5. An agreement in respect of which the conditions specified in clauses 2-4 of this document are met is permissible if its conclusion is not a prerequisite for the inclusion of an insurance organization in the list of insurance organizations that meet the credit organization's requirements for insurance organizations and the conditions for the provision of insurance services.