Banking licensing. The procedure for licensing banking activities of newly created credit institutions Licensing of credit institutions is carried out
The procedure for registration of credit institutions and licensing of banking activities established by the Federal Law "On Banks and Banking Activities" dated December 2, 1990 (as amended on July 8, 1999) and the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" dated December 2, 1990 (as amended on 31 December 1999), according to which credit institutions are subject to state registration with the Bank of Russia, which not only registers them, but also maintains the Book of State Registration of Credit Institutions, and also issues licenses for banking operations.
By the founders of the credit institution there can be legal entities and individuals whose participation in a credit institution is not prohibited by the current legislation.
The founders of the bank do not have the right to withdraw from the membership of the bank during the first three years from the date of its registration.
For state registration and issuance of a license, a credit institution must submit a number of documents, which include:
Application for state registration and issuance of a banking license;
Memorandum of Association (if a credit institution is created in the form of a limited liability company);
Credit institution charter;
Minutes of the general meeting of founders, containing a decision on its creation, approval of the name, charter, candidates for appointment to the positions of heads of executive bodies and chief accountant, etc .;
Certificate (copy of the payment order) on payment of the state duty for the registration of a credit institution;
Notarized copies of certificates of state registration of founders - legal entities, audit reports on the reliability of their financial statements with the attachment of balances and profit and loss statements for the last three years of activity, as well as confirmation by the bodies of the State Tax Service of the Russian Federation of the fulfillment of obligations to the budgets by founders - legal entities all levels in the last three years;
Declarations of income of the founders - individuals, certified by the bodies of the State Tax Service of the Russian Federation, which confirms the sources of origin of funds contributed to the authorized capital of a credit institution;
List of founders of the credit institution.
Credit organizations acquire status legal entity since their state registration... The announcement of the state registration of a credit institution is published in the Bank of Russia Bulletin.
License for banking operations is issued to a credit institution after its state registration and without limitation of validity period. Carry out banking operations a credit institution can only from the moment of obtaining the licenseotherwise, the entire amount received as a result of these operations is collected from the legal entity, and a fine in double the amount of this amount is collected to the federal budget. The collection is carried out in court. The Bank of Russia has the right to file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license. 5. A credit institution may carry out only those banking operations that are specified in the license. In Art. 5 of the Federal Law "On Banks and Banking Activities" provides an exhaustive list of banking operations, which include:
Attraction of funds from individuals and legal entities in deposits;
Placing the said funds on its own behalf and at its own expense;
Opening and maintaining bank accounts of individuals and legal entities;
Settlements on behalf of individuals and legal entities, including correspondent banks, on their bank accounts;
Collection of cash, bills, payment and settlement documents and cash services for individuals and legal entities;
Purchase and sale of foreign currency in cash and non-cash forms;
Attraction of deposits and placement of precious metals;
Issuance of bank guarantees;
Transferring funds on behalf of individuals without opening bank accounts (except for postal orders).
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A license to carry out banking operations of a credit institution is issued after its state registration in accordance with the procedure established by this Federal Law and the regulations of the Bank of Russia adopted in accordance therewith.
A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.
At the moment, a newly created bank can be issued the following types of licenses:
License to conduct banking operations in rubles (without the right to attract money from individuals in deposits);
License to conduct banking operations in rubles "and foreign currencies (without the right to attract money from individuals); with such a license, the bank is entitled to establish correspondent relations with an unlimited number of foreign banks;
License to attract deposits and place precious metals. This license can be issued to the bank simultaneously with a license of the second type.
The Bank of Russia decides on the state registration of credit institutions, interacts with the Federal Tax Service and its territorial bodies (hereinafter referred to as the authorized registering body) on issues of state registration of credit institutions, issues banking licenses to credit institutions, maintains a register of issued banking licenses. operations and the Book of State Registration of Credit Institutions for the purpose of exercising control and supervisory functions.
Documents submitted in accordance with this Instruction may be sent to the Bank of Russia (regional offices 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 regional branch of the Bank of Russia and the Bank of Russia is carried out electronically.
If the documents specified in paragraph one of this clause are submitted in the form of electronic documents, the credit institution is obliged, upon a written request from the territorial branch of the Bank of Russia, to submit the documents provided for by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" on paper within three calendar days. days from the date 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".
The Bank of Russia certificate of state registration, a banking license shall be sent to the credit institution on paper, and in the case of submission of the documents specified in paragraph one of this clause, in the form of electronic documents - in the form of an electronic document and on paper. (Clause 1.4 as amended by the Bank of Russia Ordinance dated July 22, 2013 N 3029-U).
A bank wishing to expand its activities must obtain additional licenses; to do this, he must comply with the following conditions:
1) be financially stable over the past six months;
2) fulfill the reserve requirements of the Bank of Russia;
3) have no debts to budgets and extra-budgetary funds;
4) have an adequate organizational structure, including an internal control service;
5) have employees who meet the qualification requirements of the Bank of Russia;
6) comply with technical requirements, including requirements for equipment required for banking operations.
If these conditions are met, the operating bank can be issued the following types of licenses:
To conduct operations in rubles and foreign currencies (if before that the bank had only a license of the first type),
Work with precious metals (if the bank has not previously received such a license separately or simultaneously with a license of the second type). As in the case of a newly created bank, this license can be issued to an active bike in the presence or simultaneously with a license of the second type;
License to attract deposits of money (in rubles) from individuals; this license can be issued to a bank, from the date of registration of which at least two years have passed;
License to attract deposits of individuals' money (in rubles and foreign currencies). Such a license can be issued to a bank, from the date of registration of which at least two years have passed, if it has a license of the old type or simultaneously with it;
General license, which can be issued to a bank, from the date of registration of which at least two years have passed, which has the above licenses to conduct all banking operations in rubles and foreign currencies and meets the requirements for the amount of equity capital established by the Bank of Russia. 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 equity (capital) is set for a bank in the amount of 300 million rubles, except for the cases provided for in parts four to seven of this Article The amount of equity (capital) of a non-bank credit institution applying for bank status as of the 1st day of the month in which the corresponding application was submitted to the Bank of Russia must be at least 300 million rubles. granting a credit institution the right to carry out banking operations with funds in rubles and foreign currency, to attract deposits of individuals and legal entities in rubles and foreign currency (hereinafter - the general license), may be issued to a credit institution that has its own funds (capital) of at least 900 million rubles as of the 1st day the month in which an application for a general license was filed with the Bank of Russia.
A bank that has its own funds (capital) of less than 180 million rubles as of January 1, 2007 is entitled to continue its activities, provided that the amount of its own funds (capital) does not decrease compared to the level reached as of January 1, 2007.
The size of the own funds (capital) of a bank that meets the requirements established by part four of this article, from January 1, 2010, must be at least 90 million rubles.
The amount of own funds (capital) of a bank that meets the requirements established by parts four and five of this article, from January 1, 2012, must be at least 180 million rubles.
When considering the issue of issuing a general license to a bank, it carries out a comprehensive inspection or takes into account the results of an inspection if it was completed no earlier than three months before the submission of an application for the issuance of this license.
A bank that has received a 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 non-resident credit institutions.
To obtain a license to expand its activities, a bank must submit the following documents to the appropriate territorial office of the Bank of Russia:
* a petition (including the bank's business plan or additions to it), signed by the chairman of the council or another authorized person;
* balance sheet and calculation of economic standards as of the last reporting date. For consideration of the issue of issuing a license, a license fee is levied in an amount determined by the Bank of Russia, but not more than 1% of the declared authorized capital of a credit institution. The specified fee goes to the federal budget.
In addition, the credit institution submits an application for state registration to the Central Bank of Russia, which contains: economic justification of the technical feasibility and qualified readiness of the credit institution to carry out banking operations; information on the founders of the credit institution, their field of activity, financial condition, prospects for their development; the purpose of creating a credit institution; priority directions of its activity; prospective clientele; resources that will be attracted for the development of a credit institution; planned management of the credit institution's activities (including the creation of an internal control service).
The founders also submit documents confirming the ownership of one of them to the building (premises) in which the credit institution will be located, or the lessor's obligation to lease the building (premises) in case of registration of the credit institution. A bank building (premises) of a credit institution must have equipment, fire and burglar alarms, as well as a cash register (technically reinforced) for carrying out cash transactions in accordance with the requirements of the Bank of Russia.
When acquiring more than 5% of shares (shares) of a credit institution as a result of one or more transactions by one legal entity or individual, or by a group of legal entities and, (or) individuals linked by an agreement, or by a group of legal entities that are subsidiaries or dependent on to each other, the founders of the credit institution notify the Bank of Russia about this. For this, information on the property relations of the participants is attached to the application for state registration of a credit institution and the issuance of a license to carry out banking operations.
The application for registration is also accompanied by a settlement balance and a plan of income, expenses and profits of the credit institution for the first three years of activity (separately for each year). A team of authors. Banking law of the Russian Federation 2010, Course of lectures.
Licenses issued by the Bank of Russia are recorded in the register of issued banking licenses.
The register of licenses issued to credit institutions is subject to publication by the Bank of Russia in the official publication of the Bank of Russia ("Bank of Russia Bulletin") at least once a year. Changes and additions to the specified register are published by the Bank of Russia within one month from the date of their entry into the register.
The banking license specifies the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations can be carried out.
A banking license is issued for an unlimited period of time.
The banking license is signed by the Chairman of the Bank of Russia or his deputy heading the Banking Supervision Committee of the Bank of Russia, or by persons replacing them. The signature is affixed with the seal of the Bank of Russia with the image of the State Emblem of the Russian Federation. (as amended by the Bank of Russia Ordinance dated November 26, 2013 N 3124-U).
Thus, the licensing regime of banking activity is a system of regulatory impact on a type of activity that potentially poses a threat of causing significant harm to society and the state, which necessitates obtaining a license for this type of activity and observing license requirements and conditions in the process of its implementation.
A license issued by the Bank of Russia and obtained by a credit institution is a perpetual permission to carry out banking operations. The banking license specifies the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations can be carried out. Licenses issued by the Bank of Russia are recorded in the register of issued banking licenses.
When considering the issue of licensing, we are faced with the following problem: Article 5 of the Banking Law provides a list of operations and transactions, which raises the question - which of them imply obtaining a license? This issue is complicated by the fact that, as you know, certain transactions require legal entities to have a special license for their execution.
First, it is necessary to distinguish between a license issued by a credit institution: a bank, a non-bank credit institution, a representative office of a foreign bank. The goals of creating each of the types of credit institutions predetermines the types of banking operations and licenses strictly defined by law.
Secondly, in our opinion, the point of view of S.V. Pykhtin logically concludes that a banking license legitimizes, in addition to banking operations, a number of transactions specified in Part 3 of Article 5 of the Banking Law, 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 they are subject to a licensing regime, an additional license is not required; these organizations conclude transactions on the basis of the received banking license. Consequently, the list of types of entrepreneurial activity that credit institutions have the right to carry out is wider than that directly recorded in the banking license. Accordingly, the list of banking operations given in the licenses is narrower than the actual list of types of entrepreneurial activity, the right to engage in which the license grants.
Thirdly, it is necessary to take into account the current edition of the Bank of Russia regulations governing the receipt and content of licenses. So, according to the Instruction of the Bank of Russia dated 02.04.2010 N 135-I (as amended on 25.11.2014) "On the procedure for the Bank of Russia making a decision on state registration of credit institutions and issuing licenses for banking operations", in accordance with clause 1.2, a 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 carry out which has been granted to a credit institution.
A banking license is issued on a counterfeit-proof form. The banking license is signed by the Chairman of the Bank of Russia or his deputy heading the Banking Supervision Committee of the Bank of Russia, or by persons replacing them. The signature is affixed with the seal of the Bank of Russia with the image of the State Emblem of the Russian Federation. Banking law. Legal regulation of banking in the Russian Federation. The place of the Central Bank of the Russian Federation in the banking system of the Russian Federation. Tutorial // Allpravo.Ru team of authors 2007.
Carrying out banking operations by a legal entity without a license entails the collection from such a legal entity of the entire amount received as a result of these operations, as well as the collection of a fine in double the amount of this amount to the federal budget. The collection is carried out in a judicial proceeding at the suit of the prosecutor, the corresponding federal executive body authorized by federal law, or the Bank of Russia.
The Bank of Russia has the right to file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license.
Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law.
Banking activity, firstly, affects the property interests of an unlimited number of subjects, and secondly, due to its specificity, it is capable of exerting a decisive influence on economic processes in the country as a whole. These circumstances are a completely natural precondition for establishing stricter requirements in relation to banks in order to ensure public safety in comparison with other business entities.
The institution of banking licensing is designed to protect the interests of depositors and other clients of banks 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 emphasized, the licensing of credit institutions, as well as the revocation of their licenses to carry out banking operations, are essentially the legislative implementation of the constitutional function of the Bank of Russia, which exercises banking regulation, supervision and control through the adoption of regulatory legal acts and individual legal (non-normative) acts based on operational information both on the state of the economy as a whole and in the field of monetary policy (Determination of the Constitutional Court of the Russian Federation of December 14, 2000, No. 268-O "At the request of the Supreme Court of the Russian Federation on checking the constitutionality of part three Article 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. The place of the Central Bank of the Russian Federation in the banking system of the Russian Federation. Tutorial // Allpravo.Ru team of authors 2007.
This decision is formalized by an order of the Central Bank of the Russian Federation (hereinafter referred to as the Order) on the basis of a request from the territorial Main Directorate (National Bank) of the Central Bank of the Russian Federation or the Central Operations Directorate (COU) under the Central Bank of the Russian Federation. In addition, the decision of the Board of Directors of the Central Bank of the Russian Federation or the corresponding proposals of structural divisions of the Bank of Russia may become the basis for issuing the Order. Gracheva E.Yu., Sokolova E.D. Financial Law: Questions and Answers. - 4th ed., Rev. and add. - M .: Jurisprudence, 2003.
A banking license can be revoked in the following cases:
* establishing the inaccuracy of the information on the basis of which the license was issued;
* delays in the start of banking operations provided for by the license for more than a year from the date of its issue;
* establishing the facts of unreliability of reporting data;
* implementation, including one-time, banking operations not provided for by the license of the Bank of Russia;
* failure to comply with the requirements of federal laws regulating banking activities, as well as regulations of the Bank of Russia, if during the year the credit institution was repeatedly subjected to measures of influence provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)";
* unsatisfactory financial position of the credit institution, its failure to fulfill its obligations to depositors and creditors, which is the basis for filing an application for initiation of insolvency (bankruptcy) proceedings of a credit institution in an arbitration court. Eriashvili N.D. Financial law: Textbook for universities. - M .: UNITY-DANA, Law and Law, 2000.
The Bank of Russia is obliged to revoke the banking license in the following cases:
If the capital adequacy of a credit institution falls below 2%. If during the last 12 months preceding the moment when, in accordance with this article, the said license is to be revoked from a credit institution, the Bank of Russia changed the methodology for calculating the capital adequacy of credit institutions, for the purposes of this article, the methodology is applied according to which the the organization reaches its maximum value;
If the amount of the credit institution's own funds (capital) is below the minimum value of the authorized capital established by the Central Bank of the Russian Federation as of the date of registration of the credit institution; The specified basis for revoking a banking license does not apply to credit institutions during the first two years from the date of issuance of a banking license;
3) if the credit institution fails to comply with the deadline established by paragraph 4.1 of Chapter IX of the Federal Law "On Insolvency (Bankruptcy)" dated 26.10.2002 N 127-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on 27.09.2002), the requirements of the Bank of Russia to bring the value authorized capital and the size of own funds (capital); For the procedure for bringing the amount of the authorized capital into line with the amount of equity (capital) of credit institutions, see Bank of Russia Ordinance No. 1260-U, dated March 24, 2003
If the credit institution is unable to meet the claims of creditors for monetary obligations and (or) fulfill the obligation to pay mandatory payments within 14 days from the date of their satisfaction and (or) fulfillment, if the claims against the credit institution in aggregate amount to at least one thousand minimum payments wages established by federal law. In this case, the bank can apply to the Central Bank with a request to transfer it to the category of non-bank credit institutions.
If the bank has not reached the minimum amount of its own funds (capital) as of January 1, 2015, established by part seven of Article 11.2 of this Federal Law, and does not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit institution;
If the bank in the period after January 1, 2015 for three consecutive months allows a decrease in the amount of its own funds (capital) below the minimum amount of its own funds (capital) established by part seven of Article 11.2 of this Federal Law, except for a decrease due to changes in the methodology for determining the amount of its own funds (capital), and does not submit an application to the Bank of Russia to change its status to the status of a non-bank credit institution;
If a bank whose equity capital (capital) as of January 1, 2007 is equal to 180 million rubles or more, as well as a bank established after January 1, 2007, for three consecutive months admits a decrease in the equity capital (capital) below the minimum equity funds (capital) established on the relevant date by parts six and seven of Article 11.2 of this Federal Law, except for a decrease due to changes in the methodology for determining the amount of equity (capital), and do not submit a petition to the Bank of Russia to change their status to the status of a non-bank credit institution;
If a bank, the amount of equity (capital) of which as of January 1, 2007 is less than 180 million rubles, has not reached the amount of equity (capital) established by parts five to seven of Article 11.2 of this Federal Law as of January 1, 2007, or if this bank within three months in a row, allows a decrease in the amount of equity (capital), except for cases of such a decrease due to the application of the changed methodology for determining the amount of the bank's equity (capital), to a value less than the larger of the two values: the amount of equity (capital) available to him as of January 1, 2007, or the amount of equity (capital) established by parts five through seven of Article 11.2 of this Federal Law, and does not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit institution;
If a bank that had its own funds (capital) in the amount equal to 180 million rubles and more as of January 1, 2007, as well as a bank established after January 1, 2007, did not fulfill the requirements established by part eight of Article 11.2 of this Federal Law, and did not submitted a petition to the Bank of Russia to change their status to the status of a non-bank credit institution;
If the bank, which had its own funds (capital) in the amount of less than 180 million rubles as of January 1, 2007, did not fulfill the requirements established by part eight of Article 11.2 of this Federal Law and did not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit institution ...
In the cases provided for in part two of this article, the Bank of Russia revokes a credit institution's license to carry out banking operations within 15 days from the day the Bank of Russia bodies responsible for revoking the said license receive reliable information on the existence of grounds for revoking this license from the credit institution.
Revocation of a license to carry out banking operations on other grounds, except for the grounds provided for by this Federal Law, is not allowed.
The decision of the Bank of Russia to revoke a banking license from a credit institution shall enter into force from the date of the adoption of the relevant Bank of Russia act and may be appealed within 30 days from the date of publication of the notice of revocation of the banking license in the Bank of Russia Bulletin. An appeal against the said decision of the Bank of Russia, as well as the application of measures to secure claims against a credit institution, shall not suspend the said decision of the Bank of Russia.
Only in these cases is the Central Bank of the Russian Federation obliged to revoke the license. The announcement of the revocation of the banking license is published by the Central Bank of the Russian Federation in the Bank of Russia Bulletin within a week from the date of the relevant decision.
In practice, the Central Bank most often revokes licenses from banks with the following wording: in connection with non-compliance with federal laws regulating banking activities and regulations of the Central Bank, establishment of facts of significant inaccuracy of reporting data, as well as inability to satisfy creditors' claims on monetary obligations. This is how Mezhprombank were deprived of their licenses in November 2010 and AMT Bank in July 2011. In addition, there are precedents for the revocation of licenses from banks for repeated violations within one year of the Federal Law “On Counteracting Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism”. The loudest case of this kind is the story of the closure of Sodbiznesbank, which led to the interbank crisis in May 2004. In total, in 2009, 44 licenses were lost, and in 2010 - about 20 banks. Banki.ru Internet portal. Dictionary of banking terms
The procedure for registration and licensing of 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, current legislation and the Bank of Russia have established stringent requirements that must be observed by individuals and legal entities. When registering a commercial bank and agreeing on changes in its charter and the composition of participants, the Bank of Russia pays special attention to the issues of the legality of the participation of legal entities and individuals and their payment of the authorized capital, the composition of the heads of com. bank and their material and technical equipment.
The decision on state registration of a commercial bank is made by the Bank of Russia. Information on the creation, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is entered into the unified state register of legal entities by the authorized registering body on the basis of the decision of the Bank of Russia on the corresponding state registration. Interaction between the Bank of Russia and the authorized registering body on the state registration of commercial banks shall be carried out in the manner agreed by the Bank of Russia with the authorized registering body. For the purpose of exercising control and supervisory functions, the Bank of Russia maintains the Book of State Registration of Credit Organizations.
A banking license is issued after state registration. A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.
The following types of licenses can be granted to commercial banks:
general license, which grants the right to carry out all operations in rubles and foreign currency, as well as to open branches abroad in accordance with the established procedure and / or to acquire shares (shares of the authorized capital) of non-resident credit institutions;
a license to conduct banking operations (except for attracting deposits from individuals) with funds in rubles or in rubles and foreign currency;
a license to attract deposits from individuals in rubles or in rubles and foreign currency (the right to attract deposits from individuals is granted to banks from the date of state registration of which at least two years have passed, subject to the stability of their financial situation);
a license to collect cash, bills of exchange, payment and settlement documents for non-bank credit institutions - collection organizations;
license (permit) to carry out operations with precious metals (gold and silver). The license is issued by the Bank of Russia in agreement with the Ministry of Finance of the Russian Federation.
A license for the right to carry out operations with precious metals may be issued simultaneously with a license to carry out operations in foreign currency or after its receipt.
Authorized banks to carry out operations and transactions with natural precious stones are banks operating simultaneously on the basis of the General License of the Bank of Russia for banking operations and a license to carry out operations with precious metals (or permission to carry out operations with precious metals).
If there is a license to conduct banking operations, the bank has the right to conclude other transactions, as well as to operate in the securities market in accordance with federal laws.
A banking license is issued for an unlimited period of time.
A commercial bank applying for the expansion of its activities must have a stable financial position, a structure adequate to the intended direction of activity, including an internal control service (internal audit).
The Bank of Russia has the right to refuse com. a bank in registration and issuance of a license on the grounds specified in Article 16 of the Federal Law “On Banks and Banking Activities”.
Banking legislation has granted the right to appeal to an arbitration court against the decision of the Bank of Russia on the refusal of state registration and issuance of a license, or the failure of the Bank of Russia to take a relevant decision within the prescribed period, including on the refusal to register or issue a license, in order to protect their legitimate interests.
Federal Law No. 60-FZ of May 3, 2006 amended Article 12 of this Federal Law.The amendments shall enter into force on January 1, 2007
Article 12. State registration of credit institutions and issuance of licenses to them to carry out banking operations
For the purpose of exercising control and supervisory functions, the Bank of Russia maintains the Book of State Registration of Credit Institutions in the manner prescribed by federal laws and regulations of the Bank of Russia adopted in accordance with them.
See comments to Article 12 of this Federal Law
Russian Federation; (Article 2 No. 86)
3. The characteristic features of the banking system of the Russian Federation are currently:
The presence of a two-tier banking system (the Central Bank of the Russian Federation - credit institutions);
Formal independence of the Central Bank of the Russian Federation from the state authorities of the Federation and the subjects of the Federation;
3) lack of financial control and supervision by the Central Bank of the Russian Federation over credit institutions;
4) the establishment by the Central Bank of the Russian Federation of obligatory economic standards for credit institutions.
4. The functions of the Central Bank of the Russian Federation in accordance with the legislation include:
1) establishing the rules for making settlements on the territory of the Russian Federation; (Article 4 No. 86)
2) the establishment of accounting rules in organizations that are not credit;
Implementation of foreign exchange regulation and foreign exchange control; (Article 4 No. 86)
4) supervision over the activities of insurance organizations.
5. A credit institution is:
1) an institution created to provide loans to citizens and legal entities;
2) banks and currency exchanges;
A legal entity carrying out banking operations for the purpose of making a profit on the basis of a license issued by the Central Bank of the Russian Federation. (Article 1 No. 395)
6. Arrange the numbers reflecting the sequence (in time) of the activities carried out by the Central Bank of the Russian Federation in relation to credit institutions:
1) revocation of licenses of credit institutions; (4)
2) registration of credit institutions; (one)
3) issuance of licenses to credit institutions; (2)
4) the establishment of mandatory economic standards. (3)
7. Arrange the numbers reflecting the sequence of types of punishments from less severe to more severe, applied by the Central Bank of the Russian Federation to credit institutions as a result of supervision:
1) liquidation of a credit institution; (4)
2) imposition of a fine; (2)
3) reorganization of a credit institution; (3)
8. The preliminary consent of the Central Bank of the Russian Federation is required for the acquisition of:
1) more than 5% of shares (stakes) of a credit institution;
2) more than 20% of shares (stakes) in a credit institution; (Article 61 No. 86 + Article 11 No. 395)
3) any transaction entailing the transfer of ownership of the shares (stakes) of a credit institution.
9. Which body licenses the activities of credit institutions:
1) the Ministry of Finance;
2) the Ministry of Economic Development and Trade;
Central Bank of the Russian Federation; (Article 4 No. 86)
4) Ministry of Justice.
10. What is the standard set by the Central Bank of the Russian Federation for credit institutions:
1) the maximum amount of the authorized capital;
The minimum size of the authorized capital; (Article 62 No. 86)
3) the minimum number of founders;
4) the maximum number of participants.
11. The provisional administration for managing a credit institution may be appointed by the Central Bank of the Russian Federation for a period not exceeding:
Six months; (Article 74 No. 86)
4) without time limit.
12. A license to carry out banking operations may be revoked by the Central Bank of the Russian Federation in the event of:
1) bringing the head or chief accountant of the bank to criminal or administrative responsibility;
Delays in reporting for more than 15 days;
3) performing an operation not provided for by a license issued to the bank;
4) violation of tax legislation by the bank.
13. The Central Bank of the Russian Federation may charge a credit institution with a fine in the amount of:
1) not more than 1% of the minimum authorized capital; (Article 74 No. 86)
2) no more than 1 million rubles;
3) in any size;
4) no more than 1000 minimum wages.
14. Emission is:
additional issue of cash into circulation; (Article 29 No. 86)
2) a way to combat inflation;
3) a 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 taking into account the mandatory limits;
2) the obligation of organizations to deliver to the bank all cash in excess of the established limits on the balance of cash in their cash offices;
1. The concept of licensing
3. Licensing of professional activities of credit institutions in the securities market of the Russian Federation
All credit organizations created in the Russian Federation as legal entities are subject to mandatory state registration. State registration of banks is carried out in the same manner as for all other legal entities by the bodies of the Federal Tax Service (FTS). In order to be eligible to engage in banking activities, the bank must obtain a banking license.
State registration of credit institutions and licensing of their activities is an essential 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. Particularly stringent requirements are imposed on those organizations that enter the credit market, that is, to banks. Almost all countries require special registration of the bank being created and obtaining permission to open it (license).
The purpose of licensing is to keep financially unstable, high-risk organizations with questionable founders out of the market. During registration and licensing it is confirmed:
- firstly, the competence of the founders of the bank to establish it (the competence to enter the market);
- secondly, the founders have sufficient capital to ensure the stable operation of the bank;
- thirdly, the qualifications and business reputation of the leaders of the future bank.
1. The concept of licensing
For the purposes of Federal Law No. 128, the following basic concepts are applied:
license - a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur;
licensed type of activity - a type of activity for the implementation of which on the territory of the Russian Federation it is required to obtain a license in accordance with this Federal Law;
licensing - activities related to the granting of licenses, re-issuance of documents confirming the availability of licenses, suspension of licenses in case of administrative suspension of licensees' activities for violation of license requirements and conditions, renewal or termination of licenses, revocation of licenses, control of licensing authorities over compliance by licensees in the implementation of licensed activities of relevant licensing requirements and conditions, maintenance of registers of licenses, as well as provision of information from registers of licenses and other information on licensing to interested parties in the prescribed manner;
licensing requirements and conditions - a set of requirements and conditions established by the regulations on licensing of specific types of activity, the fulfillment of which by the licensee is mandatory when carrying out the licensed type of activity;
licensing bodies - federal executive bodies, executive bodies of the constituent entities of the Russian Federation carrying out licensing in accordance with this Federal Law;
licensee - a legal entity or individual entrepreneur holding a license to carry out a specific type of activity;
license applicant - a legal entity or an individual entrepreneur who has applied to the licensing authority with an application for a license to carry out a specific type of activity;
register of licenses - a set of data on the granting of licenses, re-issuance of documents confirming the availability of licenses, suspension and renewal of licenses, and cancellation of licenses. (2, p. 4)
The main principles of licensing are:
ensuring the unity of the economic space on the territory of the Russian Federation;
establishment of a single list of licensed types of activities;
establishment of a unified licensing procedure on the territory of the Russian Federation;
the establishment of licensing requirements and conditions by provisions on licensing specific types of activities;
publicity and openness of licensing;
observance of legality in the implementation of licensing.
Determination of the powers of the Government of the Russian Federation in the implementation of licensing
In order to ensure the unity of the economic space on the territory of the Russian Federation, the Government of the Russian Federation in accordance with the main directions of the internal policy of the state determined by the President of the Russian Federation:
approves regulations on licensing specific types of activities;
determines the federal executive authorities licensing specific types of activities;
establishes the types of activities licensed 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 for state registration of credit organizations established by this Federal Law.
The decision on state registration of a credit institution is made by the Bank of Russia. Information on the creation, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is entered into the unified state register of legal entities by the authorized registration body on the basis of a decision of the Bank of Russia on the corresponding state registration. Interaction of the Bank of Russia with the authorized registering body on the state registration of credit institutions is carried out in the manner agreed by the Bank of Russia with the authorized registering body.
For the purpose of exercising control and supervisory functions, the Bank of Russia maintains the Book of State Registration of Credit Institutions in accordance with the procedure established by federal laws and regulations of the Bank of Russia adopted in accordance with them. (4, p. 89)
For the state registration of credit institutions, a state duty is charged in the manner and in the amount established by the legislation of the Russian Federation.
A credit institution is obliged to inform the Bank of Russia about changes 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 licenses received, within three days from the date of such changes. The Bank of Russia, no later than one business day from the date of receipt of the relevant information from the credit institution, notifies the authorized registration body of this, which makes an entry in the unified state register of legal entities about changes in information about the credit institution.
A license to carry out banking operations of a credit institution is issued after its state registration in accordance with the procedure established by this Federal Law and the regulations of the Bank of Russia adopted in accordance therewith.
A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.
Banking operations shall be carried out only on the basis of a license issued by the Bank of Russia in the manner established by this Federal Law, except for the cases specified in part nine of this article and in article 13.1 of this Federal Law.
Licenses issued by the Bank of Russia are recorded in the register of issued banking licenses.
The register of licenses issued to credit institutions is subject to publication by the Bank of Russia in the official publication of the Bank of Russia at least once a year. Changes and additions to this register are published by the Bank of Russia within one month from the date of their entry into the register.
The banking license specifies the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations can be carried out.
A banking license is issued for an unlimited period of time.
Carrying out banking operations by a legal entity without a license, if obtaining such a license is mandatory, entails the collection from such a legal entity of the entire amount received as a result of these operations, as well as the collection of a fine in double the amount of this amount to the federal budget. The collection is carried out in a judicial proceeding at the suit of the prosecutor, the relevant federal executive body authorized to do so by federal law, or the Bank of Russia.
The Bank of Russia has the right to file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license, if obtaining such a license is mandatory.
Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law.
The State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" is entitled to carry out banking operations, the right to carry out which was granted to it on the basis of the Federal Law "On the Development Bank".
All credit institutions created in the Russian Federation as legal entities are subject to mandatory state registration. State registration of banks is carried out in the same manner as for all other legal entities by the bodies of the Federal Tax Service (FTS). In order to be eligible to engage in banking activities, a bank must obtain a banking license.
The purpose of licensing is to keep financially unstable, high-risk organizations with questionable founders out of the market. During registration and licensing it is confirmed:
First, the eligibility of the founders of the bank to create it (the eligibility of “entering the market”);
Secondly, the founders have sufficient capital to ensure the stable operation of the bank;
Thirdly, the qualifications and business reputation of the leaders of the future bank.
In the Russian Federation, the requirements for the founders of a credit institution and its executives are established by the Federal Law “On Banks and Banking Activities”.
A wide range of individuals and legal entities may act as founders of a credit institution, with the exception of persons who have debts to the federal budget, the budget of a constituent entity of the Russian Federation and the local budget, regardless of the available deferral for its payment. The founders of the bank do not have the right to withdraw from the membership of the bank during the first three years from the date of its registration (that is, to completely or partially withdraw their share from the authorized capital). In order to ensure an appropriate level of management of a credit institution and, on this basis, reduce the risks of its activities, the law establishes qualification requirements for candidates for the positions of heads of executive bodies and chief accountants of established credit institutions. Applicants for these positions must have a higher education in law or economics and experience in managing a division of a credit institution. They should not have a conviction 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 the registration of credit institutions is made by the Bank of Russia, it also issues licenses for banking operations.
Bank creation procedure: Stage I. Preparatory; Stage II. KB registration; Issuance of a license.
Documents:
1. Application addressed to the chairman of the bank of the Russian Federation with a petition for registration and issuance of a banking license.
2. Charter of the bank. The bank's charter must contain the full and abbreviated name, the charter capital and its shares or the number of shares (announced by the charter capital) are indicated. The range of operations that the bank plans to carry out, indicate the governing bodies, location.
3. Establish an agreement - the amount of contribution to the charter capital of each bank participant, signed and sealed.
4. The business plan of the credit institution, approved by the meeting of founders.
5. Minutes of the general meeting of founders, which must contain decisions on the following issues: on the establishment of a bank; about the name; on the approval of the charter; business plan; candidates for leadership positions; on the election of members of the supervisory board; on the approval of the monetary value of the property, which will be entered into the Criminal Code
6. Information about the founders of the credit institution. Notarized copies of their statutes, certificate of state registration, their balance sheets and profit and loss statement for the last 3 years. A certificate from the tax authorities on the absence of tax arrears must be submitted.
7. Documents confirming the sources of origin of funds in the bank institution (income tax returns)
8. questionnaires of candidates for positions of bank managers
9. notarized copies of documents confirming ownership or lease of the building, which is entered into the bank's AMC Applicants: must have higher legal and / or economic education; at least 2 years of managerial work experience in the bank; there should be no criminal record; within the last 2 years there should be no termination of the employment contract on the initiative of the administration; over the past 2 years, the requirements to replace the head of the bank were not applied to those credit institutions in which the future managers of the newly created BRF bank worked
10. Documents required for the preparation of an opinion on the technical equipment of a bank building:
11. Full list of founders of the organization on paper
This package of documents is submitted to the territorial office of the BR, which must check the correctness of filling out the documents and give an opinion. In conclusion, special attention is paid to the assessment of the business plan, the assessment of future candidates and the assessment of the technical equipment of bank buildings. This package is sent to the bank of the Russian Federation for state registration. Territorial institutions are given 3 months. For document checks. They should be carefully checked within no more than 6 months. From the submission of documents to the Central Bank.
The decision on state registration is made by the bank of the Russian Federation, which then sends to the territorial service the necessary documents for state registration of the bank. The tax service assigns a state registration number to the bank being created, writes out a certificate of state reg and all this is provided to the territorial office of the BRF, which keeps a record, hands the certificate to the future head of the bank and at the same time gives him a notice of opening a correspondent account in the settlement and cash center, on which within 1 month. From the moment of state registration, funds must be paid to pay for the Criminal Code, and at the same time the territorial office informs the BRF within 3 days that the future bank has been issued a certificate of state registration.
Stage III. The founders of the bank and participants must, within 30 days, deposit money to the correspondent account of the bank in payment of the Criminal Code. The management must submit to the Central Bank of the Central Bank a report on the full payment of the Criminal Code and the legality of its payment. In this report: copies of payment orders; submitted act of acceptance and transfer of im-va in non-cash form (bank buildings) on the bank's balance sheet; the bank's ownership of the building certified by a notary; opinion of an independent appraiser on the monetary value of the bank building; financial documents that confirm the stable financial position of the established bank at the time of depositing money into the charter capital. These documents must be submitted to the territorial office of the BRF after payment of the Criminal Code within 1 month.
The license is the basis for the banking activities of a credit institution registered as a legal entity. The license specifies the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations can be carried out. The license is issued for an unlimited period of time. To obtain a license to carry out banking operations, a credit institution must have an authorized capital in the amount established by the Bank of Russia, equipment necessary for carrying out banking operations, and also fulfill the qualification requirements for specialists in accordance with the regulations of the Bank of Russia.
Currently, in the Russian Federation, a newly created bank can be issued with three types of licenses for banking operations:
License to carry out banking operations with funds in rubles (without the right to attract deposits from individuals);
A license to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals as deposits). With this license, the bank is entitled to establish correspondent relations with an unlimited number of foreign banks;
License to attract deposits and place precious metals. This license can be issued to the bank simultaneously with a license of the second type.
In order to expand its activities, the bank may obtain additional licenses. To receive them, he must be financially stable within the last 6 months; comply with the capital requirements established by the Bank of Russia; comply with the mandatory reserve requirements of the Bank of Russia. In addition, have no debt to the federal budget, the budget of the constituent entity of the Russian Federation, the local budget and state extra-budgetary funds; have an appropriate organizational structure, including an internal control service; comply with the qualification requirements of the Bank of Russia for bank employees; comply with technical requirements, including requirements for equipment necessary for banking operations.
An operating bank may be issued the following types of banking licenses to expand its activities:
License to carry out banking operations with funds in rubles and foreign currency (without the right to attract deposits from individuals);
License to attract deposits and place precious metals. This license can be issued to the bank in the presence or simultaneously with a license to conduct banking operations with funds in rubles and foreign currency;
License to attract deposits of individuals' funds in rubles;
License to attract deposits from individuals in rubles and foreign currency. This license can be issued to a bank if there is a license to carry out banking operations with funds in rubles and foreign currency or simultaneously with it;
General license that can be issued to a bank that has a license to carry out all banking operations with funds in rubles and foreign currency. A license to carry out banking operations with precious metals is not a prerequisite for obtaining a general license. A bank that has a general license has the right, in the prescribed manner, to create branches outside the Russian Federation and (or) acquire stakes (shares) in the authorized capital of non-resident credit institutions.
The reorganization of a credit institution can be carried out in the form of merger, acquisition, division, separation and transformation.
When reorganizing credit institutions with the creation of a new credit institution (credit institutions), the Bank of Russia is considering issuing new licenses to it (them) to carry out banking operations. At the same time, the Bank of Russia takes into account the licenses on the basis of which the reorganized credit institutions operated.