Licensing banking activities. The procedure for licensing banking activities of newly created credit institutions Licensing of credit institutions is carried out

Procedure for registration of credit institutions and licensing banking activities established by the Federal Law "On Banks and Banking Activities" of December 2, 1990 (as amended by July 8, 1999) and Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" of December 2, 1990 (as amended by 31 December 1999), in accordance with which credit organizations are subject to state registration in the Bank of Russia, which not only registers them, but also leads the book of state registration of credit institutions, and also issues licenses for banking operations.

Founders of the credit organization There may be legal entities and individuals whose participation in a credit organization is not prohibited by applicable law.

The founders of the bank are not entitled to enter out the Bank's participants during the first three years from the date of its registration.

For state registration and issuance of a license Credit organization must submit a number of documents, whose number belongs:

A petition for state registration and issuance of a license for banking operations;

Constituent contract (in the case of a credit institution in the form of a limited liability company);

Charter of the credit organization;

The protocol of the General Meeting of the founders, containing a decision on its creation, approval of the name, charter, candidates for appointment for the posts of executive bodies and the chief accountant, etc.;

Certificate (a copy of the payment order) on the payment of state duty for registration of a credit institution;

Notarized copies of certificates of state registration of founders - legal entities, audit conclusions about the accuracy of their financial statements with the application of balances and income reports for the three last years of activity, as well as confirmation by the state tax service authorities of the Russian Federation by the founders - legal entities of obligations to budgets all levels over the past three years;

Declarations on the income of founders - individuals certified by the state tax service agencies of the Russian Federation, which confirms the sources of origin of funds introduced into the authorized capital of the credit institution;

The list of founders of the credit institution.

Credit organizations acquire status legal entity since their state registration. The report on the state registration of a credit institution is published in the "Bulletin of the Bank of Russia".

License The implementation of banking operations is issued a credit organization after its state registration and without limiting the deadlines. Carry out banking operations Credit organization can only from the moment of receipt of the licenseOtherwise, from a legal entity, the entire amount obtained as a result of the implementation of these operations is charged, and the penalty in the twofold amount of this amount into the federal budget is charged. The recovery is carried out in court. The Bank of Russia has the right to submit to the arbitration court about the liquidation of a legal entity carrying out bank transactions without a license. 5. The credit institution can only carry out those banking operations that are listed. In art. 5 of the Federal Law "On Banks and Banking Activities" is given an exhaustive list of banking operations to which include:

Attracting funds for individuals and legal entities into deposits;

Placement of the specified means on your name and at your own expense;

Opening and maintenance of bank accounts of individuals and legal entities;

Making calculations on behalf of individuals and legal entities, including corresponding banks, according to their bank accounts;

Collection of funds, bills, payment and settlement documents and cash maintenance of individuals and legal entities;

Purchase and sale of foreign currency in cash and non-cash forms;

Attraction to deposits and placement of precious metals;

Issuing bank guarantees;

The implementation of cash transfers on behalf of individuals without opening bank accounts (with the exception of postal transfers).

The license to carry out banking operations of the credit institution is issued after its state registration in the manner prescribed by this Federal Law and the regulatory acts received in accordance with it by the Bank of Russia.

The credit organization has the right to carry out banking operations from the date of receipt of the license issued by the Bank of Russia.

At the moment, the newly created bank may issue the following types of licenses:

License for banking operations in rubles (without the right to attract money to deposits);

License for banking operations in rubles "and foreign currencies (without the right to attract physical persons to deposits); if there is such a license, the Bank has the right to establish correspondent relations with an unlimited number of foreign banks;

License to attract into deposits and placement of precious metals. This license may be issued to the bank simultaneously with the License of the second type.

The Bank of Russia decides on state registration of credit institutions, interacts on the state registration of credit organizations with the federal tax service, its territorial bodies (hereinafter referred to as the authorized registering authority) issues licenses to credit organizations to carry out banking operations, leads the register of issued licenses for banking Operations and the Book of State Registration of Credit Organizations in order to implement control and supervisory functions.

Documents submitted in accordance with this Instruction may be sent to the Bank of Russia (territorial institutions of the Bank of Russia) in the form of electronic documents in the manner determined by the Bank of Russia. In this case, the interaction between the credit institution, the territorial institution of the Bank of Russia and the Bank of Russia is carried out in electronic form.

In the case of submission of documents specified in the present paragraph of this clause, in the form of electronic documents, a credit institution is obliged to submit documents provided for by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" on the basis of the territorial institution of the Bank of Russia, on paper for three calendar Days from the time of receipt of the specified request in the number of copies provided for by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs".

Certificate of the Bank of Russia on state registration, the license for banking operations is sent to a credit organization on paper, and in the case of submission of documents specified in the first paragraph of this paragraph, in the form of electronic documents - in the form of an electronic document and paper carrier. (p. 1.4 as amended. Instructions of the Bank of Russia of July 22, 2013 N 3029-y).

The bank who wishes to expand its activities should receive additional licenses; To do this, he needs to comply with the following conditions:

1) to be in the last six months financially sustainable;

2) to comply with the reserve requirements of the Bank of Russia;

3) not to have debts in front of budgets and extrabudgetary funds;

4) have an adequate organizational structure, including the internal control service;

5) have employees responsible for the qualification requirements of the Bank of Russia;

6) comply with technical requirements, including equipment requirements needed to carry out banking operations.

Under these conditions complying with the current bank, the following types of licenses may be issued:

On maintaining operations in rubles and foreign currencies (if before that the bank had only a license of the first species),

Work with precious metals (if the bank did not receive such a license separately or simultaneously with the second type license). As in the case of the newly created bank, this license may be issued by the active bike in the presence or simultaneously with a second-type license;

License to attract money in deposits (in rubles) individuals; This license may be issued to the bank, from the date of registration of which has passed at least two years;

License to attract in deposits of money of individuals (in rubles and foreign currencies). Such a license can be issued to a bank, from the date of registration of which was held at least two years, if he has a license of an old type or simultaneously with it;

The general license that can be issued to the Bank, from which at least two years has passed, which has listed above licenses for the maintenance of all banking operations in rubles and foreign currencies and the requirements for the size of their own capital established by the Bank "Russia's third-type license is not It is a prerequisite for obtaining a general license.

According to Art. 11.2 of the Federal Law of 03.12.2011 N 391-FZ "On Amendments to the Federal Law" On Banks and Banking Activities "The minimum amount of own funds (capital) is established for the Bank in the amount of 300 million rubles, with the exception of cases provided for by the fourth parts - the seventh This article. The size of own funds (capital) of the non-bank credit organization applicable to obtaining the status of the Bank, on the 1st month, in which the corresponding petition was submitted to the Bank of Russia, should be at least 300 million rubles. License for banking operations, Providing a credit institution The right to carry out banking operations with funds in rubles and foreign currency, to attract money from individuals and legal entities in rubles and foreign currency (hereinafter referred to as the General License) may be issued a credit institution that has its own funds (capital) at least 900 million rubles as of the 1st number The month in which was submitted to the Bank of Russia a petition for obtaining a General License.

The bank, who has on January 1, 2007, its own funds (capital) is less than 180 million rubles, has the right to continue its activities, provided that the size of its own funds (capital) will not decrease compared with the level reached on January 1, 2007.

The amount of own funds (capital) of the Bank, which meets the requirements established by the Fourth of this article, from January 1, 2010 should be at least 90 million rubles.

The amount of own funds (capital) of the Bank, which meets the requirements of the established parts of the fourth and fifth of this article, from January 1, 2012 should be at least 180 million rubles.

When considering the issue of issuing a general license to the Bank, it provides a comprehensive inspection check or take into account the results of the inspection check, if it has been completed not earlier than three months before presenting a petition for issuing this license.

The Bank, who received the General License, has the right (in addition to the rights provided by licenses 1--5), in the prescribed manner, to create branches abroad and / or acquire shares in the authorized capital of credit institutions - non-residents.

To obtain a license that allows you to expand activities, the Bank must submit the following documents to the relevant territorial institution of the Bank of Russia:

* petition (including a bank business plan or an add-on to it) signed by the Chairman of the Council or another authorized person;

* Balance and calculation of economic standards at the last reporting date. For consideration of the issue of issuing a license, a license fee is issued in the amount determined by the Bank of Russia, but not more than 1% of the announced authorized capital of the credit institution. The specified collection enters the federal budget.

In addition, the credit institution submits a petition for state registration to the Central Bank of Russia, which contains: the economic substantiation of the technical capabilities and qualified readiness of the credit organization to make banking operations; information on the founders of the credit institution, the sphere of their activities, financial condition, the prospects for their development; The purpose of creating a credit institution; priority areas of its activities; alleged clientele; Resources that will be involved for the development of a credit institution; The planned management of the activities of the credit institution (including the creation of an internal control service).

The founders also submit documents confirming the ownership of one of them on the building (premises) in which the credit organization will be located, or the liability of the Lessor to provide the building (premises) for rent in the event of a credit institution registration. The banking building (premises) of the credit institution should have equipment, fire and security alarms, as well as a cash audit (technically fortified) for cash transactions in accordance with the requirements of the Bank of Russia.

When purchasing more than 5% of shares (shares) of a credit institution as a result of one or several transactions with one legal or individual or a group of legal and, (or) individuals related to the agreement, or a group of legal entities who are subsidiaries or dependent in relation to To each other, the founders of the credit institution notify the Bank of Russia about it. For this purpose, information about the property relations of participants is attached to the petition for state registration of a credit institution and issuing a license for banking operations.

The request for registration is also included with the estimated balance sheet and the plan for income, expenses and profit of the credit organization for the first three years of activity (separate for each year). Collective authors. Banking Law 2010, lecture course.

The licenses issued by the Bank of Russia are taken into account in the register of issued licenses for banking operations.

The register of licenses issued by credit organizations are subject to publication by the Bank of Russia in the official publication of the Bank of Russia ("Bulletin of the Bank of Russia") at least once a year. Changes and additions to the specified registry are published by the Bank of Russia within a month from the date of their introduction to the registry.

In licenses for banking operations, banking operations are indicated for which this credit organization has the right, as well as a currency in which these banking operations can be implemented.

License for banking operations is issued without limiting the timing of its action.

License for banking operations is signed by the Chairman of the Bank of Russia or his deputy heading the Bank of Russia Banking Supervision Committee, or those who replace them. The signature is fastened to the seal of the Bank of Russia with the image of the state coat of arms of the Russian Federation. (as amended by the instructions of the Bank of Russia of November 26, 2013 No. 3124-y).

Thus, the license regime of banking activity is a system of regulatory impact on the type of activity, potentially pose a threat to the causing significant harm to society and the state, which determines the need for this type of activity of obtaining licenses and compliance with the implementation of licensing requirements and conditions.

The license issued by the Bank of Russia and the license received by the credit institution is an indefinite permission to make banking operations. In licenses for banking operations, banking operations are indicated for which this credit organization has the right, as well as a currency in which these banking operations can be implemented. The licenses issued by the Bank of Russia are taken into account in the register of issued licenses for banking operations.

When considering the issue of licensing, we are faced with the following problem: in Art. The Banks of the Law on Banks are given a list of operations and transactions, the question arises - which of these imply a license to receive? This issue is complicated by the fact that, as you know, individual transactions require that legal entities for their committee have a special license.

First, it is necessary to distinguish between a license issued by a credit organization: a bank, non-bank credit institution, a foreign bank representation. The goals of creating each type of credit institutions predetermines strictly defined types of banking operations and licenses.

Secondly, in our opinion, the point of view S.V. Puffin logically concludes that the banking license legitimates, in addition to banking operations, also a number of transactions listed in part 3 of article 5 of the Bank of Banks, but not directly, but indirectly indirectly. Thus, for credit institutions when making transactions listed in Part 3 of Art. 5 of the law, even if the license regime is applied to them, no additional license is required; These organizations conclude transactions on the basis of the received banking license. Consequently, a list of business activities that have the right to carry out credit organizations wider than directly recorded in the banking license. Accordingly, a list of banking operations given in licenses already than the actual list of types of entrepreneurial activity, the right to occupation with which the license provides.

Thirdly, it is necessary to take into account the current edition of the regulatory acts of the Bank of Russia regulating receipt and maintenance of licenses. So according to the instructions of the Bank of Russia from 02.04.2010 N 135-and (Ed. Dated November 25, 2014) "On the procedure for adopting the Bank of Russia, decisions on state registration of credit institutions and issuing licenses for banking operations", according to claim 1.2 License for banking Operations issued by the Bank of Russia contains an indication of one of the types of licenses, a list of banking operations, the right to implement a credit institution.

License for banking operations is issued on a blank protected from fakes. License for banking operations is signed by the Chairman of the Bank of Russia or his deputy heading the Bank of Russia Banking Supervision Committee, or those who replace them. The signature is fastened to the seal of the Bank of Russia with the image of the state coat of arms of the Russian Federation. Banking law. Legal regulation of banking in the Russian Federation. Place of the Central Bank of the Russian Federation in the banking system of the Russian Federation. Tutorial // Author's team AllPravo.ru 2007.

Implementation by the legal entity of banking operations without a license entails penalties from such a legal entity of the amount obtained as a result of the implementation of these operations, as well as the recovery of the fine in the twofold amount of this amount into the federal budget. The recovery is carried out in court under the claim of the prosecutor corresponding to the federal executive body authorized by the Federal Law, or the Bank of Russia.

The Bank of Russia has the right to submit to the arbitration court about the liquidation of a legal entity carrying out bank transactions without a license.

Citizens who illegally carrying out banking operations are carrying civil law, administrative or criminal liability in accordance with law.

Banking activities, firstly, affects the property interests of an unlimited circle of subjects, and secondly, due to its specifics, it is capable of providing a decisive influence on economic processes in the country as a whole. These circumstances are a completely natural prerequisite for establishing countries more stringent requirements in order to ensure public security compared to other business entities.

The Banking Licensing Institute is intended to protect the interests of depositors and other customers from incompetent management and risks, as well as the interests of the state in maintaining stability in the economy.

As the Constitutional Court of the Russian Federation stressed, licensing credit institutions, as well as a review of their licenses for banking operations, essentially, are the legislative implementation of the constitutional function of the Bank of Russia, which carries out bank regulation, supervision and control through the adoption of regulatory acts and individually legal (abnormative) acts on the basis of operational information as the state of the economy as a whole and in the field of monetary policy (definition of the Constitutional Court of the Russian Federation of December 14, 2000 №268-O "At the request of the Supreme Court of the Russian Federation on the verification of the constitutionality of part of the third Articles 75 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)") banking law. Legal regulation of banking in the Russian Federation. Place of the Central Bank of the Russian Federation in the banking system of the Russian Federation. Tutorial // Author's team AllPravo.ru 2007.

This decision is issued by the Order of the Central Bank of the Russian Federation (hereinafter referred to as the order - order) on the basis of the petition of the territorial Main Directorate (National Bank) of the Central Bank of the Russian Federation or the Central Operational Department (CO) under the Central Bank of the Russian Federation. In addition, the basis for the publication of the order may be the decision of the Board of Directors of the Central Bank of the Russian Federation or the relevant proposals of the structural divisions of the Bank of Russia. Gracheva E.Yu., Sokolova E.D. Financial law: questions and answers. - 4th ed., Act. and add. - M.: Jurisprudence, 2003.

Reviewed by banking licenses can be made in the following cases:

* establishing the unreliability of information on the basis of which a license is issued;

* Delays began the implementation of banking operations provided for by the license, more than a year from the date of its issuance;

* establishing the unreliability of reporting data;

* Implementation, including single, banking operations not provided for by the license of the Bank of Russia;

* non-fulfillment of the requirements of federal laws regulating banking, as well as regulatory acts of the Bank of Russia, if during the year the impacts provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" have repeatedly applied to the credit institution;

* The unsatisfactory financial situation of the credit institution, failure to fulfill its obligations to depositors and creditors, which is the basis for submitting an application for initiation in the arbitration court of the case of insolvency (bankruptcy) of the credit institution. Eriashvili N.D. Financial law: Textbook for universities. - M.: Uniti-Dana, Law and Law, 2000.

The Bank of Russia is obliged to withdraw a license for the implementation of banking operations in cases:

If the capital adequacy of a credit organization becomes below 2%. If in the last 12 months preceding the moment when, in accordance with this article, the credit institution should be withdrawn from the specified license, the Bank of Russia has changed the methodology for calculating capital adequacy of credit institutions, for the purposes of this article, the method is applied, in accordance with which credit capital adequacy Organizations reaches the maximum value;

If the amount of own funds (capital) of the credit institution is below the minimum value of the authorized capital, established by the Central Bank of the Russian Federation at the date of registration of the credit institution; The specified basis for the review of the license for banking operations is not applied to credit institutions during the first two years from the date of issuance of a license for banking operations;

3) If the credit organization does not execute within a period established by paragraph 4.1 of the head of the Federal Law "On Insolvency (Bankruptcy)" of October 26, 2002 N 127-FZ (GD of the Russian Federation of the Russian Federation 27.09.2002), the requirements of the Bank of Russia on bringing in line with authorized capital and size of own funds (capital); On the procedure for bringing in accordance with the size of the authorized capital and the values \u200b\u200bof own funds (capital) of credit institutions, see the indication of the Bank of Russia of March 24, 2003 N 1260-y

If a credit institution is not able to meet the requirements of creditors on monetary obligations and (or) to fulfill the obligation to pay for obligatory payments within 14 days from the onset of their satisfaction and (or) execution, if the requirements for a credit institution in aggregate are at least one thousand minimum size wages established by federal law. At the same time, the bank may contact the Central Bank, with the last transfer of it to the category of non-bank credit institutions.

If the bank has not reached on January 1, 2015, the minimum amount of its own funds (capital) established by part of the seventh of Article 11.2 of this Federal Law, and does not submit a petition to the Bank of Russia to change its status on the status of a non-bank credit institution;

If the bank in the period after January 1, 2015, within three months in a row, decreases the size of own funds (capital) below the minimum amount of own funds (capital), established by part of the seventh of Article 11.2 of this Federal Law, except for the reduction due to the change in the methodology for determining its own funds (capital), and does not submit a petition to the Bank of Russia to change its status on the status of a non-bank credit institution;

If the bank, the amount of own funds (capital) of which on January 1, 2007 is equal to 180 million rubles or higher, as well as the Bank created after January 1, 2007, for three months in a row, decrease the size of own funds (capital) below the minimum size of its own funds (capital) established for the corresponding date of the sixth and seventh Article 11.2 of the Federal Law, with the exception of the decline due to the change in the methodology for determining the size of own funds (capital), and do not submit a petition to the Bank of Russia to change its status on the status of a non-bank credit institution;

If the bank, the amount of own funds (capital) of which, on January 1, 2007, less than 180 million rubles, did not reach the appropriate date of the size of own funds (capital) established by parts of the fifth - seventh Article 11.2 of this Federal Law, or if this bank for three For months in a row, it allows a decrease in the size of own funds (capital), with the exception of cases of such a decrease due to the application of the changed methodology for determining the size of own funds (capital) of the bank, to a value that is smaller than the largest of two values: the size of own funds (capital) As of January 1, 2007, or the size of own funds (capital) established by the parts of the fifth - seventh Article 11.2 of this Federal Law, and does not submit a petition to the Bank of Russia to change its status on the status of a non-bank credit institution;

If the bank, who had on January 1, 2007, own funds (capital) in a amount equal to 180 million rubles and higher, as well as the Bank, created after January 1, 2007, did not comply with the requirements established by the Eighth Article 11.2 of this Federal Law, and not Submit to the Bank of Russia a petition for changes in their status on the status of a non-bank credit institution;

If the bank, who has been on January 1, 2007, its own funds (capital) in the amount of less than 180 million rubles, did not fulfill the requirements established by part of the eight of Article 11.2 of this Federal Law, and did not file a petition for the status of a non-banking credit institution to the Bank of Russia .

In cases stipulated by part of this article, the Bank of Russia recalls a license for banking operations at a credit institution within 15 days from the date of receipt by the Bank of Russia, responsible for the feedback of this license, reliable information on the availability of grounds for the revocation of this license from a credit institution.

Recalling a license to carry out banking operations on other grounds, with the exception of the grounds provided for by this Federal Law, is not allowed.

The decision of the Bank of Russia about the revocation of the credit institution of a license to carry out banking operations enters into force from the date of the adoption of the relevant Act of the Bank of Russia and may be appealed within 30 days from the date of publication of the report on the revocation of the license for banking operations in the Bulletin of the Bank of Russia. Appealing the indicated decision of the Bank of Russia, as well as the application of measures to ensure lawsuage regarding a credit organization, does not suspend the actions of the specified decision of the Bank of Russia.

Only in the cases listed, the Central Bank of the Russian Federation is obliged to withdraw the license. The report on the revocation of the License for banking operations is published by the Central Bank of the Russian Federation in the "Bulletin of the Bank of Russia" within a week of time from the date of the appropriate decision.

In practice, the Central Bank most often recalls licenses from banks with the following wording: in connection with the non-fulfillment of federal laws regulating banking activities, and regulatory acts of the Central Bank, the establishment of the facts of significant unreliability of reporting data, as well as inability to meet the requirements of creditors on monetary obligations. This is how the Licenses of Interprombank in November 2010 were deprived of Licenses and AMT Bank in July 2011. In addition, there are precedents of licenses of licenses from banks for a repeated violation within one year of the Federal Law "On Countering Legalization (Laundering) of Revenues received by criminal means and financing terrorism". The most losing proceedings of this kind - the history of the closure of Sodstronsbank, which led to the interbank crisis in May 2004. In total, for 2009, licenses lost 44, and for the 2010th - about 20 banks. Internet portal Banks.ru. Dictionary of banking terms

The procedure for registering and licensing commercial banks is regulated by the Federal Law "On Banks and Banking Activities" and the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs".

Currently, the current legislation and the Bank of Russia have strict requirements that must be respected by individuals and legal entities. When registering a commercial bank and coordinate changes in its charter and the composition of the participants, the Bank of Russia pays special attention to the legality of the participation of legal entities and individuals and payment of the authorized capital, the composition of the leaders com. Bank and their logistical equipment.

The decision on state registration of a commercial bank is made by the Bank of Russia. The introduction of information on the establishment, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by an authorized registering authority on the basis of the decision of the Bank of Russia on the relevant state registration. The interaction of the Bank of Russia with an authorized registering authority on state registration of commercial banks is carried out in the manner agreed by the Bank of Russia with an authorized registering authority. The Bank of Russia in order to implement the tests and supervisory functions leads the book of state registration of credit institutions.

License for banking operations is issued after state registration. The credit organization has the right to carry out banking operations from the date of receipt of the license issued by the Bank of Russia.

Commercial banks may be provided to the following types of licenses:

the general license providing the right to carry out all operations in rubles and foreign currency, as well as to discover branches abroad and / or acquire shares (share capital) of non-resident credit institutions;

license for banking operations (except for attracting funds to individuals) with funds in rubles or in rubles and foreign currency;

license to attract funds to the deposits of individuals in rubles or in rubles and foreign currency (the right to attract funds in deposits of individuals is provided to banks, from the date of state registration of which at least two years has passed, subject to the sustainability of their financial position);

license for the implementation of collection of funds, bills, payment and settlement documents for non-bank credit institutions - collection organizations;

license (permission) for operations with precious metals (gold and silver). The license is issued by the Bank of Russia in coordination with the Ministry of Finance of the Russian Federation.

The license for the right to implement operations with precious metals can be issued simultaneously with a license to carry out operations in foreign currency or after it is received.

Authorized banks for operations and transactions with natural precious stones are banks operating simultaneously on the basis of the General Limit of the Bank of Russia to carry out banking operations and the license to carry out operations with precious metals (or permits for performing operations with precious metals).

If there is a license for banking operations, the Bank has the right to perform other transactions, as well as carry out activities in the securities market in accordance with federal laws.

License for banking operations is issued without limiting the timing of its action.

A commercial bank that applies to expand its activities should have a sustainable financial situation, a structure adequate to the intended area of \u200b\u200bactivity, including the internal control service (internal audit).

The Bank of Russia has the right to refuse com. Bank in registering and issuing a license for the grounds specified in Article 16 of the Federal Law "On Banks and Banking".

Banking legislation is given to the right to protect their legitimate interests to appeal against the Arbitration Court to the decision of the Bank of Russia on refusing to state registration and issuance of a license or failure by the Bank of Russia within the established period of relevant decision, including refusal to register or issue a license.

Federal Law of May 3, 2006, N 60-FZ in Article 12 of this Federal Law, amendments are made to enter into force on January 1, 2007.

Article 12. State registration of credit institutions and issuing licenses for banking operations

The Bank of Russia, in order to implement the tests and supervisory functions, leads the book of state registration of credit institutions in the manner prescribed by federal laws and the regulatory acts of the Bank of Russia adopted in accordance with them.

See comments on Article 12 of this Federal Law

Russian Federation; (Article 2 №86)

3. The characteristic features of the RF banking system are currently:

The presence of a two-level banking system (Central Bank of the Russian Federation - credit organizations);

Formal independence of the Central Bank of the Russian Federation on the state authorities of the Federation and the subjects of the Federation;

3) the lack of financial control and supervision from the Central Bank of the Russian Federation for credit institutions;

4) the establishment of mandatory economic standards for credit institutions by the Central Bank of the Russian Federation.

4. The functions of the Central Bank of the Russian Federation in accordance with legislation include:

1) the establishment of rules for the implementation of settlements in the territory of the Russian Federation; (Article 4 №86)

2) the establishment of accounting rules in non-credit organizations;

Implementation of currency regulation and currency control; (Article 4 №86)

4) Implementation of supervision of the activities of insurance organizations.

5. Credit organization is:

1) an institution created to provide loans to citizens and legal entities;

2) banks and currency exchanges;

A legal entity engaged in banking operations for the purpose of profit on the basis of a license issued by the Central Bank of the Russian Federation. (Article 1 №395)

6. Establish the figures reflecting the sequence (in time) of events held by the Central Bank of the Russian Federation in relation to credit institutions:

1) review licenses of credit institutions; (four)

2) registration of credit institutions; (one)

3) issuance of licenses with credit institutions; (2)

4) the establishment of mandatory economic standards. (3)

7. Establish numbers reflecting the sequence of punishments from less strict to stricter applicable to the Central Bank of the Russian Federation in relation to credit organizations as a result of supervision:

1) elimination of a credit institution; (four)

2) the imposition of a fine; (2)

3) sanitation of the credit organization; (3)

8. The prior consent of the Central Bank of the Russian Federation requires a purchase transaction:

1) more than 5% of shares (shares) of the credit institution;

2) more than 20% of shares (shares) of the credit institution; (Article 61 No. 86 + Art.11 №395)

3) Any deal that entails the transfer of ownership of shares (shares) of the credit institution.

9. Which body licensing the activities of credit institutions:

1) Ministry of Finance;

2) the Ministry of Economic Development and Trade;

Central Bank of the Russian Federation; (Article 4 №86)

4) Ministry of Justice.

10. What a standard establishes the Central Bank of the Russian Federation for credit institutions:

1) the maximum size of the authorized capital;

Minimum amount of authorized capital; (Article 62 №86)

3) the minimum number of founders;

4) The maximum number of participants.

11. The temporary administration for the management of a credit institution may be appointed by the Central Bank of the Russian Federation for a period not more than:

Six months; (Article 74 №86)

4) without limitation.

12. The license for the implementation of banking operations may be withdrawn by the Central Bank of the Russian Federation in the case of:

1) attracting the head or chief accountant of the Bank to criminal or administrative responsibility;

Reporting delays for more than 15 days;

3) performing an operation not provided for by the license bank issued;

4) violations by the Bank of Tax Legislation.

13. The Central Bank of the Russian Federation may be charged with a credit institution fine in size:

1) no more than 1% of the minimum authorized capital; (Article 74 №86)

2) no more than i million rubles;

3) in any amount;

4) no more than 1000 minimum wage.

14. Emission is:

additional output of cash in circulation; (Article.29 №86)

2) a way to combat inflation;

3) The method of operational regulation of cash circulation.

15. The basic principles of the organization of monetary circulation in the Russian Federation include the following:

1) the possibility of storing cash at the cash desks of organizations without registration of mandatory limits;

2) the duty of organizations to submit to the bank all cash in excess of the established limits of cash balance in their cash registers;

1. Licensing concept

3. Licensing of professional activities of credit institutions in the securities market of the Russian Federation

All credit institutions created in the Russian Federation as legal entities are subject to mandatory state registration. The state registration of banks is carried out in the same manner as all other legal entities, the federal tax authorities (FTS). In order to have the right to engage in banking, the bank must receive license to carry out banking operations.

State registration of credit institutions and licensing of their activities is the most important part of the banking regulation system in all market countries. Through registration and licensing, the admission of various organizations to operations in the financial market is regulated. Especially stringent requirements are presented to those organizations that enter the credit market, i.e. to banks. In almost all countries requires special registration of the bank being created and obtaining permission to open it (license).

The purpose of the licensing is to prevent financially unstable organizations, subject to the founders, financially unstable, exposed to high risks. During registration and licensing, confirmed:

- first, the eligibility of the Bank's founders for its creation (the eligibility of entering the market);

- secondly, the presence of sufficient capital among founders to ensure the sustainable work of the Bank;

- Third, qualifications and business reputation of the heads of the future bank.

1. Licensing concept

For the purposes of Federal Law No. 128, the following basic concepts are applied:

license is a special permit for the implementation of a specific type of activity with the obligatory compliance with licensing requirements and conditions issued by the licensing authority to a legal entity or an individual entrepreneur;

a licensed type of activity is a type of activity, on the implementation of which the license is required in the territory of the Russian Federation in accordance with this Federal Law;

licensing - Events related to the provision of licenses, reissuing documents confirming the availability of licenses, suspending licenses in the event of administrative suspension of licensee activities for violating license requirements and conditions, renewed or termination of licenses, cancellation of licenses, controlling licensing authorities for compliance with licensees when implementing licensed activities of relevant licensing requirements and conditions, maintenance of license registers, as well as with the provision in accordance with the established procedures, interested parties from license registers and other licensing information;

licensing requirements and conditions - a set of established provisions on licensing specific types of requirements and conditions, the fulfillment of the licensee must necessarily under the licensed type of activity;

licensing authorities - federal executive authorities, executive authorities of the constituent entities of the Russian Federation, carrying out licensing in accordance with this Federal Law;

licensee is a legal entity or an individual entrepreneur who have a license to carry out a specific type of activity;

the license applicant is a legal entity or an individual entrepreneur who addressed the licensing authority with a statement on the provision of a license to implement a specific type of activity;

registry of licenses is a set of data on licenses, re-issuing documents confirming the availability of licenses, suspend and resume licenses and cancel licenses. (2, p.4)

The basic principles of licensing are:

ensuring the unity of economic space in the territory of the Russian Federation;

establishing a single list of licensed activities;

establishing a single order of licensing in the territory of the Russian Federation;

establishing licensing requirements and conditions for licensing licensing specific activities;

publicity and openness of licensing;

compliance with legality in licensing.

Determination of the powers of the Government of the Russian Federation in licensing

In order to ensure the unity of economic space in the territory of the Russian Federation, the Government of the Russian Federation in accordance with the main directions of the state's internal policies of the Russian Federation:

approves the provisions on licensing specific activities;

defines federal executive bodies that licenses specific activities;

it establishes the activities, the licensing of which is carried out by the executive authorities of the constituent entities of the Russian Federation.

2. Licensing of banking institutions

Credit organizations are subject to state registration in accordance with the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the special procedure established by this Federal Law of the Special Procedure for the State Registration of Credit Organizations.

The decision on the state registration of a credit institution is made by the Bank of Russia. The introduction of information on the establishment, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by an authorized registering authority on the basis of the decision of the Bank of Russia on the relevant state registration. The interaction of the Bank of Russia with an authorized registering authority on state registration of credit institutions is carried out in the manner agreed by the Bank of Russia with an authorized registering authority.

The Bank of Russia, in order to implement the tests and supervisory functions, leads the book of state registration of credit institutions in the manner prescribed by federal laws and the regulatory acts of the Bank of Russia. (4, p.89)

The state registration of credit institutions is charged a state duty in the manner and in size, which is established by the legislation of the Russian Federation.

The credit institution is obliged to inform the Bank of Russia on the change in the information specified in paragraph 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information on the obtained licenses, within three days from the date of such changes. The Bank of Russia no later than one working day from the date of receipt of relevant information from the credit institution reports this to an authorized registering authority, which contributes to the Unified State Register of Legal Entities to record information about the credit institution.

The license to carry out banking operations of the credit institution is issued after its state registration in the manner prescribed by this Federal Law and the regulatory acts received in accordance with it by the Bank of Russia.

The credit organization has the right to carry out banking operations from the date of receipt of the license issued by the Bank of Russia.

The implementation of banking operations is made only on the basis of a license issued by the Bank of Russia in the manner prescribed by this Federal Law, except in the cases specified in the ninth of this article and in Article 13.1 of this Federal Law.

The licenses issued by the Bank of Russia are taken into account in the register of issued licenses for banking operations.

The register of licenses issued by credit organizations are subject to publication by the Bank of Russia in the official publishing of the Bank of Russia at least once a year. Changes and additions to the specified registry are published by the Bank of Russia within a month from the date of their introduction to the registry.

In licenses for banking operations, banking operations are indicated for which this credit organization has the right, as well as a currency in which these banking operations can be implemented.

License for banking operations is issued without limiting the timing of its action.

Implementation by the legal entity of banking operations without a license, if obtaining such a license is mandatory, entails a penalty from such a legal entity of the entire amount resulting from the implementation of these operations, as well as the penalty of the fine in the twofold amount of this amount into the federal budget. The recovery is carried out in court under the claim of the prosecutor corresponding to the federal executive body authorized by the Federal Law, or the Bank of Russia.

The Bank of Russia has the right to submit to the arbitration court about the liquidation of a legal entity carrying out bank transactions without a license if obtaining such a license is mandatory.

Citizens who illegally carrying out banking operations are carrying civil law, administrative or criminal liability in accordance with law.

The State Corporation "Bank of Development and Foreign Economic Activities (Vnesheconombank)" has the right to carry out banking operations, the right to implement which is provided on the basis of the Federal Law "On Development Bank".

All credit institutions created in the Russian Federation as legal entities are subject to mandatory state registration. The state registration of banks is carried out in the same manner as all other legal entities, the federal tax authorities (FTS). In order to have the right to engage in banking activities, the bank must obtain a license for banking operations.

The purpose of the licensing is to prevent financially unstable organizations, subject to the founders, financially unstable, exposed to high risks. During registration and licensing, confirmed:

First, the eligibility of the founders of the Bank to create it (the eligibility of "market entry");

Secondly, the presence of sufficient capital among founders to ensure the sustainable work of the Bank;

Third, qualifications and business reputation of the heads of the future bank.

In the Russian Federation, the requirements for the founders of the Credit Organization and its steering workers are established by the Federal Law "On Banks and Banking".

The founders of the credit institution can be a wide range of individuals and legal entities, with the exception of persons who have debt to the federal budget, the budget of the constituent entity of the Russian Federation and the local budget, regardless of the existing deferment for its payment. The founders of the bank do not have the right to enter into the Bank's participants during the first three years from the date of its registration (i.e., in a fully or partially withdrawal of its share from the authorized capital). In order to ensure the proper level of credit management and reduce the risks of its activities, the law establishes qualification requirements for candidates for the posts of executive bodies and the main accountants created by credit institutions. Candidates for these positions should have a higher legal or economic education and experience of managing a division of a credit institution. They should not be a criminal record for committing crimes against property, economic and official crimes, as well as administrative offenses in the field of trade and finance during the year; They must have a good business reputation.

In the Russian Federation, the decision on registration of credit institutions is taken by the Bank of Russia, it also issues licenses for banking operations.

Procedure for creating a bank: Stage I. Preparatory; Stage II. Registration of KB; Issuing a license.

Documentation:

1. Application addressed to the chairman of the Bank of the Russian Federation with a petition for reg and issuing a banking license.

2. Bank's Charter. The Bank's Charter should contain full and abbreviated name, indicated by the Criminal Code and its share or the number of shares (declared the Criminal Code). There should be a circle of operations that the bank plans to perform, indicate the controls, location.

3. I am staffing a contract-value of the contribution of each participant of the bank, to complete the signature and printing.

4. The business plan of the credit institution approved by the meeting of the founders.

5. The protocol of the General Assembly of the founders, which should contain decisions on the following issues: on the establishment of the Bank; about names; On approval of the Charter; business plan; candidates for senior positions; On the election of members of the Supervisory Board; On approval of the monetary assessment of property that will be entered in the Criminal Code

6. Data on the founders of the credit institution. Conscribed by notarially copies of their statutes, certificate of state registration, their balance sheets and income statement as follows 3 years. Certificate from tax authorities on the absence of tax arrears should be presented.

7. Documents confirming the sources of origin of funds in the Bank's institution (income tax declarations)

8. Questionnaires of candidates for the posts of bank leaders

9. Certainly certified copies of documents confirming the ownership or right to rent on the building, which is made in the bank of the bank Candidates: must have a higher legal and / or economic education; Experience of leadership in a bank of at least 2 years; There should be no criminal record; In the past 2 years, there should be no termination of the employment contract on the initiative of the administration; Over the past 2 years, those credit organizations in which the future managers of the BRF created the Bank did not apply on the replacement of the Bank's head

10. Documents necessary to prepare the conclusion about the technical equipment of the banking building:

11. Full list of the founders of the organization on paper

This package of documents is provided to the territorial institution of the BR, which must verify the correctness of the completion of documents and give conclusion. In conclusion, special attention is paid to the assessment of the business plan, the assessment of future candidates and the evaluation of technical equipment of the Bankanka buildings. This package is sent to the RF Bank for state registration. Territorial institutions are given 3 months. On checking documents. They should be carefully checked for no more than 6 months. With the delivery of documents in the Central Bank.

The decision on state registration is adopted by the Bank of the Russian Federation, which then sends the necessary documents to the territorial service for the Bank's state registration. The tax service assigns the state registration number to the Bank being created, issues a certificate of state reg and all of this provides a territorial institution of BRF, which is recorded by himself, presents a certificate of the future to the Bank's head and at the same time presents him a notice of opening to him in the Cash Center of the correspondent account, Which for 1 month. From the moment of state, the regime must be made in payment of the Criminal Code and at the same time the territorial institution informs BRF in the 3rd day term, the fact that the future bank is issued certificate of state registration.

III stage. The founders of the bank and participants must within 30 days to make money to the bank account in the payment of the Criminal Code. The leadership should submit a report on the full payment of the Criminal Code and the insanity of its payment. In this report: copies of payment orders; submitted act of acceptance and transfer of im-va in not monetary form (bank buildings) on the balance sheet; certified by the notary ownership of the bank to this building; Conclusion of an independent appraiser about the cash value of the banking building; Financial documents confirming the sustainable financial position of the established bank at the time of making money in the Criminal Procedure. These documents should be submitted to the territorial institution of BRF after payment of the Criminal Code for 1 month.

The license is the basis for banking a credit institution registered as a legal entity. Licenses indicate banking operations, the implementation of which this credit organization has the right, as well as a currency in which these banking operations can be implemented. The license is issued without limiting the timing of its action. To obtain a license for banking operations, a credit institution should have an authorized capital in the amount established by the Bank of Russia, the equipment necessary for banking operations, as well as to fulfill the qualification requirements for specialists in accordance with the regulatory acts of the Bank of Russia.

Currently, three types of licenses may be issued in the Russian Federation to the Bank's newly created bank:

License to carry out banking operations with funds in rubles (without the right to attract funds in deposits of individuals);

License for banking operations with funds in rubles and foreign currency (without the right to contribute to the depositary of individuals). In the presence of this license, the Bank has the right to establish correspondent relations with an unlimited number of foreign banks;

License to attract into deposits and placement of precious metals. This license may be issued to the bank simultaneously with the License of the second type.

In order to expand its activities, the Bank may receive additional licenses. To obtain them, it must be in the last 6 months financially sustainable; Perform the requirements established by the Bank of Russia; Perform mandatory reserve requirements of the Bank of Russia. In addition, not to have debt to the federal budget, the budget of the constituent entity of the Russian Federation, the local budget and state extrabudgetary funds; have an appropriate organizational structure that includes the internal control service; to fulfill the qualification requirements of the Bank of Russia to employees of the Bank; Comply with the technical requirements, including the requirements for the equipment necessary for the implementation of banking operations.

The existing bank to expand activities may be issued the following types of licenses for banking operations:

License to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds in deposits of individuals);

License to attract into deposits and placement of precious metals. This license may be issued to the Bank if there is or simultaneously with a license to carry out banking operations with funds in rubles and foreign currency;

License to attract into deposits of funds of individuals in rubles;

License for attracting funds in deposits of individuals in rubles and foreign currency. This license may be issued to the Bank in the presence of a license for banking operations with funds in rubles and foreign currency or simultaneously with it;

The general license that can be issued a bank with licenses to carry out all banking operations with funds in rubles and foreign currency. The presence of a license for banking operations with precious metals is not a prerequisite for obtaining a general license. A bank who has a general license has the right to establish branches abroad in the prescribed manner and (or) to acquire shares (shares) in the authorized capital of credit organizations - non-residents.

The reorganization of the credit institution can be carried out in the form of mergers, accession, separation, allocation and transformation.

In reorganizing credit institutions with the creation of a new credit institution (credit institutions), the Bank of Russia considers the issue of issuing new licenses to be issuing new licenses. In this case, the Bank of Russia is taken into account the licenses, on the basis of which reorganized credit organizations operated.