Translation. Region: Russian Federal
Source: Central Bank of Russia (2) –
Question
from 15.10.2024
The Bank requests that the data sources used to reflect information about the address of residence (registration) of an individual be unified:
1. When filling out the register of obligations in accordance with Bank of Russia Instruction No. 4990-U.
2. When forming the credit history of an individual subject in accordance with Bank of Russia Regulation No. 758-P1.
3. When identifying an individual client and generating formalized electronic messages in accordance with Bank of Russia Instruction No. 5861-U2.
1 Bank of Russia Regulation dated 11.05.2021 No. 758-P “On the procedure for forming a credit history” (hereinafter referred to as Bank of Russia Regulation No. 758-P).
2 Bank of Russia Instruction dated 15.07.2021 No. 5861-U “On the procedure for submitting data and information by credit institutions to the authorized body in accordance with Articles 7 and 7.5 of the Federal Law “On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism” (hereinafter referred to as Bank of Russia Instruction No. 5861-U).
Answer
dated 11/15/2024 No. 4990-U-2024/8
Regarding question 1.
The source of data for reflecting information about the address of residence (registration) of the depositor1 are entries in the passport of a citizen of the Russian Federation or, for persons under the age of fourteen, in the certificate of registration at the place of residence2.
If the identity document (hereinafter referred to as the I.D.) of an individual depositor does not contain certain address-forming elements (for example, the name of the region, city) of the depositor’s place of residence (registration), this information may be supplemented by the bank based on information from the registration authority that registered such depositor at the place of residence (stay), or based on additional information provided by the depositor when concluding the agreement or during the depositor’s next visit to the bank.
In the event of a discrepancy between the data on the depositor’s residential address (registration), filled in on the basis of the DUL, and the information reflected in the GAR FIAS3, the bank may, when sending the register of obligations to the Bank of Russia, provide additional explanations (comments) on the sources of relevant information it used.
At the same time, we note that in order to unify approaches to recording the address of an individual used to fill out the register of obligations and to identify the client4, it is planned to make editorial clarifications to Bank of Russia Instruction No. 4990-U, providing for the possibility of reflecting information about the address of the place of residence of an individual depositor when filling out lines of the register of obligations related to the address of residence (registration) and the address for postal notifications5.
Regarding question 2.
In accordance with Part 1 of Article 5 of Federal Law No. 218-FZ6, sources of credit history formation submit to the credit history bureau all available information specified in Article 4 of Federal Law No. 218-FZ, in the manner established by Bank of Russia Regulation No. 758-P.
The specified procedure establishes unified requirements for the formation of credit information indicators, including technical ones, which allows for the automation of information interaction between financial market participants and the bureau, reduces the costs of interaction participants, minimizes the risks of incorrect formation of credit information and, as a result, increases its accuracy and quality, in connection with which, in particular, information about the registration address (residence) of the subject of the credit history is formed in the form of a unique address number of the addressing object in the State Register of Financial Accounting Information (according to the indicator “Address number in the State Register”, the code of the settlement, street code, house (property) code, building code and apartment number code are indicated)7.
The unification of requirements for the formation of credit information indicators is also of particular importance to ensure the ability of financial market participants – users of credit histories – to automate the process of processing credit information for its use for analytical purposes.
At the same time, we note that, along with the formation of the credit information indicator “Address Number in the State Register” (the unique address number of the addressing object in the State Register of Financial Accounting Systems), Bank of Russia Regulation No. 758-P provides for the formation by the source of other credit information indicators containing information about the subject’s address, which can be formed both on the basis of information from the subject’s DUL and on the basis of information about the address contained in the State Register of Financial Accounting Systems (in addition to the unique address number of the addressing object in the State Register of Financial Accounting Systems).
In this regard, the addition of credit information indicators, provided for by Bank of Russia Regulation No. 758-P, with indicators that provide for filling in address information from the DUL has already been implemented in Bank of Russia Regulation No. 758-P.
Regarding question 3.
In accordance with paragraph two of subparagraph 1 of paragraph 1 of Article 7 of Federal Law No. 115-FZ8, when identifying individuals, credit institutions are obliged to establish data, including the address of residence (registration) or place of stay.
According to paragraph fourteen of Article 3 of Federal Law No. 115-FZ, confirmation of the accuracy of information obtained during the identification process is carried out using original documents and (or) duly certified copies and (or) state and other information systems.
Taking into account the provisions of Part One of Article 2 of Federal Law No. 115-FZ, the norm of the second paragraph of subparagraph 1 of paragraph 1 of Article 7 of Federal Law No. 115-FZ is of a universal nature and applies to all subjects subject to identification – individuals, both citizens of the Russian Federation and foreign citizens, and stateless persons.
The above-mentioned provision in terms of establishing the address of an individual provides for the possibility, in order for credit institutions to comply with the requirement of Federal Law No. 115-FZ on the identification of individuals, to establish information either on the address of their place of residence (registration) or place of stay. In this case, the concepts of “registration of a citizen of the Russian Federation at the place of stay”, “registration of a citizen of the Russian Federation at the place of residence”, “place of stay”, “place of residence” are defined by Article 2 of the Law of the Russian Federation of 25.06.1993 No. 5242-1 “On the Right of Citizens of the Russian Federation to Freedom of Movement, Choice of Place of Stay and Residence within the Russian Federation” and can be used by credit institutions to comply with the requirements of paragraph two of subparagraph 1 of paragraph 1 of Article 7 of Federal Law No. 115-FZ.
The provision of the second paragraph of subparagraph 1 of paragraph 1 of Article 7 of Federal Law No. 115-FZ in terms of establishing by credit institutions, when identifying an individual client, information about the address of his/her place of residence (registration) or place of stay, does not in itself contain a requirement for the registration of such a client in the territory of the Russian Federation (a specific subject of the Russian Federation) or outside it, and does not define the sources of information on the basis of which this information should be established. In this regard, credit institutions, in order to implement the specified requirement, independently determine the relevant sources of information in the internal control rules.
Bank of Russia Instruction No. 5861-U defines the procedure for sending by credit institutions the information provided for by Federal Law No. 115-FZ to the authorized body, and not the identification requirements. When sending the relevant information to the authorized body, containing information, including the address of an individual, such information is reflected in accordance with the data from the client’s questionnaire (dossier), obtained during his identification (updating identification information).
1 Line 6 “Address of place of residence (registration)” of Table 3.1 of Section I of the Appendix to Bank of Russia Instruction No. 4990-U.
2 In accordance with paragraph 18 of the RF Government Resolution of 17.07.1995 No. 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of persons responsible for receiving and transferring to the registration authorities documents for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation.”
3 State Address Register of the Federal Information Address System (hereinafter referred to as the State Address Register of the Federal Information Address System). As a general rule, address elements in the Russian Federation must comply with the State Address Register of the Federal Information Address System, which is related to ensuring compliance with the requirement of Article 12 of the Federal Law of 23.12.2003 No. 177-FZ “On Insurance of Deposits in Banks of the Russian Federation”, which provides for sending messages to depositors of a bank in respect of which an insured event has occurred.
4 As part of the client identification procedure carried out for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, it is possible to obtain data on the client’s location (subparagraph 1.7 of paragraph 1 of Appendix 1 to Bank of Russia Regulation No. 499-P of 15.10.2015 “On the identification by credit institutions of clients, client representatives, beneficiaries and beneficial owners for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism”).
5 Changes are planned to be made to the names of the corresponding lines of the register of obligations: “Address of place of residence (registration) or place of stay”, as well as to the explanations for filling in information about the address for postal notifications.
6 Federal Law of 30.12.2004 No. 218-FZ “On Credit Histories”.
7 Clause 4.3 of Chapter 4 of Section 1 of Appendix 3 to Bank of Russia Regulation No. 758-P.
8 Federal Law of 07.08.2001 No. 115-FZ “On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism.”
Please note: This information is raw content directly from the source of the information. It is exactly what the source states and does not reflect the position of MIL-OSI or its clients.