Russia 2022 - страница 11

Barrier tariffs

Since 2013, Russian banks apply so-called “barrier tariffs” as a measure against money laundering. Such tariffs apply to the operations and persons banks find suspicious. The measure is, by far, dubious, and application of such tariffs may be challenged in court.

Change of control and directors

The Central Bank must be notified about an acquisition in the ownership or trust by one legal entity or individual or a group of legal entities and/or individuals of more than 5 per cent shares in a credit institution. Prior consent from the Central Bank is required for acquisition of more than 20 per cent of shares. Founders of a bank may not exit within three years after incorporation.

Candidates for the following positions in a credit institution must comply with certain special requirements to qualification established by law and the Central Bank’s regulations:

• a member of the board of directors;

• a chief executive and a deputy chief executive;

• a chief accountant and a deputy chief accountant;

• a head, a chief accountant and their deputies of branches.

A credit institution must notify the Central Bank in writing regarding a prospective appointment to the above mentioned positions in advance. The Central Bank is entitled to prohibit such appointment upon grounds established by law. A credit institution must also notify the Central Bank about each dismissal from these positions.

RUS-475

Control over insurance is provided by the Federal Service of Insurance Supervision of the Ministry of Finance (FSIS). The principal legal act is the Federal law on the organization of insurance in the Russian Federation of November 27, 1992. Insurance companies are formed as limited liability or joint stock companies or in other forms of commercial organisations. Insurance companies must be authorised by the FSIS and be included in the register of insurers.

The name of an insurance company must identify the company’s activity and include words like “insurance”, “reinsurance”, “mutual insurance” or “insurance broker”. The head and the chief accountant of the insurer must have an economics or financial education and two years work experience in insurance. The actuary must have mathematical or economics education and an actuarial diploma in actuary. The head and the chief accountant of an insurance company must be citizens of the Russian Federation.

Insurance companies of which more than 49 per cent of shareholders are foreign entities or individuals and subsidiaries of foreign insurance companies may not provide the following insurances:

• life insurance;

• obligatory State insurance (e.g. mandatory health insurance);

• property insurance, related to supply goods and services for the state needs;

• property insurance for state and municipal organisations.

Solvency requirements

The minimal charter capital of an insurance company depends on the kind of insurance the company is involved in and is between RUR 60 million (€653,700) and RUR 480 million (€5,229,600).

Insurers must comply with the solvency requirement established by law as related to reserves, an assets structure, reinsurance quotas, obligations against own capital ratio, etc. Also, in some cases (e.g. life insurance, health insurance) insurance company activities shall be limited to only one type of insurance.