Bank is a commercial institution that is a legal entity, which, in accordance with this Law and on the basis of a license (permission) issued by the Central Bank of the RSFSR (hereinafter referred to as the Bank of Russia in the text of this Law), is granted the right to raise funds from legal and individuals and on its own behalf place them on the terms of repayment, payment and urgency, as well as carry out other banking operations.

Certain banking operations may be performed by institutions that are not banks (hereinafter referred to as other credit institutions in the text of this Law).

The provisions of this Law apply to other credit institutions, unless otherwise specified in the text of this Law. The provisions of this Law apply to the Bank of Russia only in cases expressly provided for by this Law.

Banks are formed on the basis of any form of ownership (including with the involvement of foreign capital) provided for by the legislation of the RSFSR, and operate on a commercial basis.

Bank of Russia, Bank foreign trade RSFSR, Savings Bank of the RSFSR, commercial banks various types, as well as other credit institutions that have received a license to carry out certain banking operations, form banking system RSFSR.

To finance individual targeted republican, regional and other programs, special banks(development banks) in the manner and under the conditions provided for by the relevant legislative acts of the RSFSR.

Banks may form unions, associations and other associations to coordinate their activities, protect the interests of their members and implement joint programs, if their creation does not contradict the requirements of the antimonopoly legislation of the RSFSR and other legislative acts of the RSFSR.

The activities of banks, the authorized capital of which is formed from the funds of Soviet and foreign legal entities and individuals, foreign banks, as well as branches of non-resident banks, are regulated by this Law and other legislative acts of the RSFSR on the activities of these banks.

Banks can carry out the following banking operations and transactions:

a) attract deposits and provide loans by agreement with the borrower;

b) carry out settlements on behalf of clients and correspondent banks and their cash services;

c) open and maintain accounts of clients and correspondent banks, including foreign ones;

d) finance capital investments on behalf of the owners or managers of invested funds, as well as at the expense of own funds jar;

e) issue, buy, sell and store payment documents and securities (checks, letters of credit, bills, shares, bonds and other documents), carry out other transactions with them;

f) issue sureties, guarantees and other obligations for third parties, providing for execution in monetary form;

g) acquire rights of claim for the supply of goods and provision of services, accept the risks of fulfilling such claims and collect these claims (forfeiting), as well as carry out these operations with additional control over the movement of goods (factoring);

h) buy from Soviet and foreign legal entities and individuals and sell to them cash foreign currency and currency in accounts and deposits;

i) buy and sell in the RSFSR and abroad precious metals, stones, as well as products made from them;

j) attract and place precious metals on deposit, carry out other transactions with these values ​​in accordance with international banking practice;

k) raise and place funds and manage securities on behalf of clients (trust operations);

m) provide brokerage and consulting services, implement leasing operations;

m) carry out other operations and transactions with permission from the Bank of Russia issued within its competence.

All operations provided for in this article can be carried out both in rubles and in foreign currency with the appropriate license.

Banks are prohibited from carrying out production and trading operations material assets, as well as insurance of all types, with the exception of currency and credit risks.

The term “bank” or other phrases using this term may be used in a company name or advertising purposes only by legal entities licensed to conduct banking operations in accordance with this Law.

Banks in the RSFSR are not liable for the obligations of the state, the state is not liable for the obligations of banks, except in cases provided for by the laws of the RSFSR.

Banks in the RSFSR are independent from government authorities and management when they make decisions related to banking operations.

Employees of public authorities and management bodies are prohibited from participating (combining positions) in the management bodies of banks.

Banks operate on the basis of their charters, adopted in accordance with the legislation of the RSFSR.

The bank's charter must contain:

name of the bank and its location (postal address);

list of banking operations carried out by the bank;

the size of the authorized capital, reserve, insurance and other funds formed by the bank;

an indication that the bank is a legal entity and operates on a commercial basis;

data on the bank’s management bodies, their structure, formation procedure and functions.

The charters of banks are prepared in accordance with the recommendations of the Bank of Russia and may include other provisions related to the peculiarities of the activities of banks that do not contradict the legislation of the RSFSR.

Banks are required to notify the Bank of Russia of all changes made to the Charter.

The bank's authorized capital consists of funds from legal entities and individuals, which serves as security for the bank's obligations.

The authorized capital is formed from the funds of at least three bank participants.

Funds from Councils of People's Deputies of all levels and their executive bodies, funds from political organizations, as well as funds from specialized public funds (including charitable ones) cannot be used to form the authorized capital of a bank.

Chapter II ORDER OF OPENING AND TERMINATION OF BANKS

The Bank operates on the basis of a license issued by the Bank of Russia. The license provides a list of operations performed by the bank.

To obtain a license, bank founders submit the following documents to the Bank of Russia:

a) an application for a license;

b) constituent documents (constituent agreement, bank charter, protocol on the adoption of the charter and appointment of the bank’s governing bodies);

c) economic justification;

d) information about bank managers (chairman (director), chief accountant and their deputies).

If there is a change in the personal composition of the bank's management, documents confirming the professional qualities of the newly appointed officials are submitted to the Bank of Russia.

To obtain a license to carry out banking operations by a joint bank with the participation of Soviet and foreign capital, foreign bank or a branch of a non-resident bank, in addition to the documents specified in Article 12 of this Law, additionally submit the following documents legalized in the prescribed manner:

a) foreign legal entities:

decision of the relevant body of the foreign founder (participant) on his participation in the creation of a bank on the territory of the RSFSR or on the opening of a branch;

charter or other document confirming the status legal entity, and its published balances for three previous years;

written consent of the control body of the country of residence of the foreign founder (participant) for his participation in the creation of a bank on the territory of the RSFSR or for the opening of a branch;

b) foreign citizens:

first class confirmation (according to international practice) of a foreign bank about the solvency of this person;

To ensure equal competitive conditions for all banks, the Bank of Russia may impose additional requirements on the founders of joint banks with the participation of Soviet and foreign capital and non-resident banks regarding the minimum and maximum size their authorized capital.

The Bank of Russia registers the charters of banks and maintains a register (republican Register of Registrations) of banks that have received licenses. Entries to the register are made simultaneously with the issuance of a license.

Banks receive the right to carry out banking operations from the moment they receive a license. In the event of liquidation or reorganization of banks, the license is returned to the Bank of Russia, and the entry in the register is canceled.

The register of banks, changes and additions to it are published by the Bank of Russia in the open press.

The Bank of Russia considers applications from banks to issue them a license to conduct banking operations and register their Charters within a period not exceeding three months from the date of receipt of all documents provided for this by this Law.

The Bank of Russia may refuse to issue a license to conduct banking operations and register the bank’s Charter on any of the following grounds:

inconsistency of the constituent agreement and charter with the legislation in force in the RSFSR;

unsatisfactory financial position of the founders (according to the conclusion of the audit organization), threatening the interests of depositors and creditors of the bank.

The Bank of Russia may revoke a license issued to a bank in the following cases:

a) detection false information, on the basis of which the license was issued;

b) the bank provides false data in the reporting provided for in Article 31

c) delay in the commencement of the bank’s activities for more than one year from the date of issuance of its license;

d) the bank carries out operations not provided for by the Bank of Russia license;

e) detection of other violations provided for in Article 33 of the Law of the RSFSR "On the Central Bank of the RSFSR (Bank of Russia)"

f) identifying violations by the bank of the requirements of the antimonopoly legislation of the RSFSR;

g) declaring the bank insolvent (bankrupt);

h) refusal to comply with the instructions of the State tax service RSFSR on payment indisputably due budget system taxes and other payments - on the proposal of the head or deputy heads of the State Tax Service of the RSFSR;

i) repeated failure to comply with orders of arbitration courts.

The revocation of a license must be preceded by preventive action aimed at eliminating the violations specified in this article of the Law. The revocation of a license acts as a decision to liquidate the bank.

Decisions of the Bank of Russia on issues of issuance and revocation of a license, registration of bank charters, as well as other decisions related to the performance of supervisory functions by the Bank of Russia, can be appealed by the bank to the Supreme Court. arbitration court Russian Federation.

Damage caused to banks is compensated in the manner prescribed by the legislation of the RSFSR.

Banks registered by the Bank of Russia have the right to open branches and representative offices on the territory of the RSFSR and beyond its borders on the basis of the legislation in force in the relevant territory.

The bank is being terminated in accordance with the legislation of the RSFSR.

Chapter III ENSURING FINANCIAL STABILITY OF THE BANK. PROTECTION OF THE RIGHTS AND INTERESTS OF ITS CREDITORS AND DEPOSITERS

All banks on the territory of the RSFSR must maintain required reserves with the Bank of Russia.

The Bank of Russia, in accordance with the articles of the RSFSR Law "On the Central Bank (Bank of Russia)", establishes a standard required reserves banks deposited by them with the Bank of Russia.

Banks are required to have their own insurance and reserve funds, the procedure for the formation and use of which is established by the Bank of Russia and the charters of banks.

Banks are required to comply with the following economic standards established by the Bank of Russia:

the minimum amount of the bank's authorized capital;

the maximum ratio between the size of the bank's authorized capital and the amount of its assets, taking into account risk assessment;

balance sheet liquidity indicators;

the minimum amount of required reserves placed with the Bank of Russia;

maximum risk per borrower;

limiting the size of currency and exchange rate risks;

restrictions on the use of attracted deposits for the acquisition of shares of legal entities.

Banks, including the Bank of Russia, guarantee secrecy regarding transactions, accounts and deposits of their clients and correspondents. All bank employees are required to maintain secrecy regarding transactions, accounts and deposits of the bank, its clients and correspondents.

Certificates on transactions and accounts of legal entities and other organizations can be issued to the organizations themselves, their higher authorities, courts, investigative bodies, arbitration courts, audit organizations, as well as financial authorities on taxation issues.

Certificates on the accounts and deposits of citizens are issued, in addition to the clients themselves and their representatives, to courts and investigative authorities in cases pending in their proceedings, in cases where funds and other valuables of clients are seized, foreclosed on or confiscation of property is applied.

Certificates on accounts and deposits in the event of the death of their owners are issued to the persons indicated by the owner of the account or deposit in the testamentary disposition made to the bank, state notary offices for inheritance cases in their proceedings regarding the deposits of deceased depositors, as well as foreign consular offices.

Cash and other valuables of legal entities located in banks can be seized only by court decisions, decisions of investigative bodies or arbitration courts, and collection can only be made by writs of execution issued by the courts, on orders of arbitration bodies and other executive documents, and in cases provided for by the legislation of the RSFSR, at the request of financial authorities and other organizations.

Cash and other valuables of foreign and international organizations located in banks may be seized or foreclosed only on the basis of a decision of courts or arbitration courts in the manner established current legislation.

Cash and other valuables of citizens held in banks can be seized only on the basis of:

court decisions and decisions of investigative bodies on criminal cases pending in their proceedings, as well as in provided by law cases of consideration of cases of confiscation of property;

decisions of courts (decrees of people's judges) in which civil cases arising from criminal cases, cases on the collection of alimony (in the absence of earnings or other property that can be recovered) or on the division of a contribution that is the joint property of spouses are pending.

Collection of funds and other valuables of citizens can be made on the basis of a sentence or court decision that is satisfied civil action, arising from a criminal case, a court decision or a people’s judge’s order to collect alimony (in the absence of earnings or other property that can be recovered) or a court decision on the division of a contribution that is the joint property of the spouses.

Confiscation Money and other valuables of citizens can be carried out on the basis of a sentence that has entered into legal force or a decree on confiscation of property issued in accordance with the Law.

Chapter IV RELATIONS BETWEEN BANKS AND CUSTOMER SERVICE BY BANKS

Banks, on a contractual basis, can attract and place funds with each other in the form of deposits, loans and perform other mutual transactions provided for by their charters.

If there is a lack of funds for lending to clients and fulfilling their obligations, banks can apply for loans from the Bank of Russia on the terms determined by the Bank of Russia.

Interest rates and the amount of commission fees for bank operations are established by banks independently, taking into account the provisions provided for in Article 15 of the Law of the RSFSR "On the Central Bank of the RSFSR (Bank of Russia)" and within the limits of monetary requirements - credit policy Bank of Russia.

Relations between banks and clients are contractual in nature. Clients independently choose banks for credit and settlement services.

Banks carry out settlements in the forms established by the Bank of Russia, as well as in the forms accepted in international banking practice.

Banks are prohibited from using their unions, associations and other associations to reach agreements aimed at monopolizing the banking market in matters of setting interest rates and commission amounts, on

A credit organization is a legal entity that, in order to make a profit as the main goal of its activities, on the basis of a special permit (license) from the Central Bank of the Russian Federation (Bank of Russia), has the right to carry out banking operations provided for by this Federal Law. A credit organization is formed on the basis of any form of ownership as a business company.

Bank is a credit organization that has the exclusive right to carry out the following banking operations in aggregate: attracting funds from individuals and legal entities on deposit, placing these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency, opening and maintaining bank accounts of individuals and legal entities.

Non-bank credit organization:

1) a credit institution that has the right to carry out exclusively banking operations specified in paragraphs 3 and 4 (only in relation to bank accounts of legal entities in connection with the implementation of money transfers without opening bank accounts), as well as in paragraph 5 (only in connection with the implementation transfers of funds without opening bank accounts) and paragraph 9 of part one of Article 5 of this Federal Law (hereinafter referred to as a non-bank credit organization that has the right to carry out transfers of funds without opening bank accounts and other banking operations related to them);

2) a credit institution that has the right to carry out certain banking operations provided for by this Federal Law. Acceptable combinations of banking operations for such a non-bank credit organization are established by the Bank of Russia. (Part three as amended by Federal Law dated June 27, 2011 No. 162-FZ)

Foreign bank is a bank recognized as such under the laws of the foreign state in whose territory it is registered.

The banking system of the Russian Federation includes the Bank of Russia, credit organizations, as well as branches and representative offices of foreign banks.
Legal regulation banking activities are carried out by the Constitution of the Russian Federation, this Federal Law, the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”, other federal laws, and regulations of the Bank of Russia.

Credit organizations can create unions and associations that do not pursue profit-making purposes to protect and represent the interests of their members, coordinate their activities, develop interregional and international relations, satisfying scientific, information and professional interests, developing recommendations for the implementation of banking activities and solving other joint problems of credit institutions. Unions and associations of credit organizations are prohibited from carrying out banking operations.

Unions and associations of credit organizations are created and registered in the manner established by the legislation of the Russian Federation for non-profit organizations.

Unions and associations of credit organizations notify the Bank of Russia of their creation within a month after registration.

A banking group is an association of credit institutions that is not a legal entity, in which one (parent) credit institution directly or indirectly (through a third party) has a significant influence on decisions made by the management bodies of another credit institution (credit institutions).

A bank holding company is an association of legal entities that is not a legal entity with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the parent organization of the bank holding company) has the ability to directly or indirectly (through a third party) have a significant influence on decisions adopted by the management bodies of the credit organization (credit organizations).

For the purposes of this Federal Law, significant influence is understood as the ability to determine decisions made by the management bodies of a legal entity, the conditions for its business activities due to participation in its authorized capital and (or) in accordance with the terms of the agreement concluded between legal entities that are part of the banking group and (or) into the banking holding company, appoint a sole executive body and (or) more than half of the collegial body executive body legal entity, as well as the ability to determine the election of more than half of the board of directors (supervisory board) of the legal entity.

The parent credit organization of a banking group, the parent organization of a bank holding company are obliged to notify the Bank of Russia in accordance with the procedure established by it about the formation of a banking group or bank holding company.

A commercial organization that, in accordance with this Federal Law, may be recognized as the parent organization of a bank holding company, for the purpose of managing the activities of all credit organizations included in bank holding company, has the right to create a management company of a bank holding company. In this case, the management company of the bank holding company performs the duties that, in accordance with this Federal Law, are assigned to the parent organization of the bank holding company.

For the purposes of this Federal Law, a management company of a bank holding company is recognized as a business company whose main activity is managing the activities of credit institutions included in the bank holding company. The management company of a bank holding company does not have the right to engage in insurance, banking, manufacturing and trading activities. A commercial organization, which in accordance with this Federal Law can be recognized as the parent organization of a bank holding company, must have the opportunity to determine the decisions of the management company of the bank holding company on issues within the competence of the meeting of its founders (participants), including its reorganization and liquidation.

TO banking transactions relate:

1) attracting funds from individuals and legal entities to deposits (on demand and for a certain period);

2) placement of the raised funds specified in paragraph 1 of part one of this article on one’s own behalf and at one’s own expense;

3) opening and maintaining bank accounts for individuals and legal entities;

4) carrying out transfers of funds on behalf of individuals and legal entities, including correspondent banks, through their bank accounts; (clause 4 as amended by Federal Law dated June 27, 2011 No. 162-FZ)

5) collection of funds, bills, payment and settlement documents and cash services for individuals and legal entities;

6) purchase and sale of foreign currency in cash and non-cash forms;

7) attraction of deposits and placement of precious metals;

8) issuance of bank guarantees;

9) making money transfers without opening bank accounts, including electronic money (with the exception of postal transfers). (Clause 9 as amended by Federal Law No. 162-FZ dated June 27, 2011)

The opening by credit institutions of bank accounts of individual entrepreneurs and legal entities, with the exception of state authorities and local governments, is carried out on the basis of certificates of state registration individuals as individual entrepreneurs, certificates of state registration of legal entities, as well as certificates of registration with the tax authority. (Part two was introduced by Federal Law No. 185-FZ of December 23, 2003)
In addition to the banking operations listed in part one of this article, a credit institution has the right to carry out the following transactions:

1) issuance of guarantees for third parties, providing for the fulfillment of obligations in monetary form;

2) acquisition of the right to demand from third parties the fulfillment of obligations in monetary form;

3) trust management of funds and other property under an agreement with individuals and legal entities;

4) carrying out transactions with precious metals and precious stones in accordance with the legislation of the Russian Federation;

5) leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables;

6) leasing operations;

7) provision of consulting and information services.

A credit institution has the right to carry out other transactions in accordance with the legislation of the Russian Federation.

All banking operations and other transactions are carried out in rubles, and, if there is an appropriate license from the Bank of Russia, in foreign currency. The rules for carrying out banking operations, including the rules for their material and technical support, are established by the Bank of Russia in accordance with federal laws.

A credit organization is prohibited from engaging in production, trade and insurance activities. These restrictions do not apply to the conclusion of contracts that are derivative financial instruments and provide for either the obligation of one party to the contract to transfer goods to the other party, or the obligation of one party on the terms determined at the conclusion of the contract, in the event of a demand by the other party to buy or sell goods, if the obligation is delivery will be terminated without execution in kind, as well as for the conclusion of contracts in order to perform the functions of a central counterparty in accordance with the Federal Law “On Clearing and Clearing Activities”. (Part six as amended by Federal Laws dated November 25, 2009 No. 281-FZ, dated February 7, 2011 No. 8-FZ)

Transfers of funds without opening bank accounts, with the exception of transfers of electronic funds, are carried out on behalf of individuals. (Part seven was introduced by Federal Law No. 162-FZ dated June 27, 2011)

In accordance with the license of the Bank of Russia to carry out banking operations, the bank has the right to issue, purchase, sell, record, store and other transactions with securities that perform the functions of a payment document, with securities confirming the attraction of funds into deposits and bank accounts, with other securities, the implementation of transactions with which does not require obtaining a special license in accordance with federal laws, and also has the right to carry out trust management of these securities under an agreement with individuals and legal entities.

The credit institution has the right to carry out professional activity On the market valuable papers in accordance with federal laws.

(as amended by Federal Law No. 231-FZ dated December 18, 2006)

A credit institution must have a full corporate name and has the right to have an abbreviated corporate name in Russian. A credit institution also has the right to have a full corporate name and (or) an abbreviated corporate name in the languages ​​of the peoples of the Russian Federation and (or) foreign languages.

The corporate name of a credit organization in Russian and the languages ​​of the peoples of the Russian Federation may contain foreign borrowings in Russian transcription or in transcriptions of the languages ​​of the peoples of the Russian Federation, with the exception of terms and abbreviations that reflect the legal form of the credit organization.

The corporate name of a credit organization must contain an indication of the nature of its activities by using the words “bank” or “non-bank credit organization”.

Other requirements for the corporate name of a credit institution are established Civil Code Russian Federation.

When considering an application for state registration of a credit organization, the Bank of Russia is obliged to prohibit the use of the trade name of the credit organization if the proposed trade name is already contained in the Book of State Registration of Credit Organizations. The use of the words “Russia”, “Russian Federation”, “state”, “federal” and “central”, as well as words and phrases formed on their basis, in the corporate name of a credit institution is permitted in the manner established by federal laws.

No legal entity in the Russian Federation, with the exception of a legal entity that has received a license to carry out banking operations from the Bank of Russia, may use in its corporate name the words “bank”, “credit organization” or otherwise indicate that this legal entity has the right to carry out banking operations.

(as amended by Federal Law No. 82-FZ dated June 19, 2001)

A credit organization is obliged to publish the following information about its activities in the forms and within the time limits established by the Bank of Russia:

quarterly - balance sheet, profit and loss statement, information on the level of capital adequacy, the amount of reserves for doubtful loans and other assets;

annually - balance sheet and profit and loss account with conclusion audit firm(auditor) about their reliability.

A credit organization is obliged, at the request of an individual or legal entity, to provide him with a copy of the license to carry out banking operations, copies of other permits (licenses) issued to it, if the need to obtain these documents is provided for by federal laws, as well as monthly balance sheets for the current year.

For misleading individuals and legal entities by failure to provide information or by providing false or incomplete information, a credit institution shall be liable in accordance with this Federal Law and other federal laws.

The parent credit organization of a banking group, the parent organization of a bank holding company (management company of a bank holding company) annually publish their consolidated accounting reports and consolidated profit and loss statements in the form, procedure and terms established by the Bank of Russia, after confirmation of their accuracy by the conclusion of an audit firm (auditor).

A credit institution that has a license from the Bank of Russia to attract deposits from individuals is required to disclose information on interest rates under bank deposit agreements with individuals (for the credit institution as a whole without disclosing information on individual individuals) and information on the credit institution’s debt for deposits of individuals. The procedure for disclosing such information is established by the Bank of Russia. (Part five was introduced by Federal Law No. 97-FZ of July 29, 2004)

The credit institution is not liable for the obligations of the state. The state is not liable for the obligations of a credit organization, except in cases where the state itself has assumed such obligations.

The credit institution is not liable for the obligations of the Bank of Russia. The Bank of Russia is not liable for the obligations of a credit organization, except in cases where the Bank of Russia has assumed such obligations.

Legislative and executive authorities and local governments do not have the right to interfere in the activities of credit institutions, except in cases provided for by federal laws.

A credit organization, on the basis of a state or municipal contract for the provision of services for state or municipal needs, can carry out individual instructions of the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments, carry out operations with funds from the federal budget, budgets of the constituent entities of the Russian Federation and local budgets and settlements with them, provide intended use budget funds allocated for the implementation of federal and regional programs. Such a contract must contain the mutual obligations of the parties and provide for their responsibilities, conditions and forms of control over the use of budget funds. (Part four as amended by Federal Law No. 19-FZ dated 02.02.2006)
A credit organization cannot be obliged to carry out activities not provided for by its constituent documents, except in cases where the credit organization has assumed the corresponding obligations, or in cases provided for by federal laws.

(as amended by Federal Law No. 31-FZ dated March 21, 2002)

A credit organization has constituent documents provided for by federal laws for a legal entity of the appropriate organizational and legal form.

The charter of a credit organization must contain:

1) company name; (Clause 1 as amended by Federal Law dated December 18, 2006 No. 231-FZ)

2) an indication of the organizational and legal form;

3) information about the address (location) of management bodies and separate divisions;

4) a list of banking operations and transactions carried out in accordance with Article 5 of this Federal Law;

5) information on the amount of authorized capital;

6) information about the system of management bodies, including executive bodies, and bodies internal control, about the procedure for their formation and about their powers;

7) other information provided for by federal laws for the charters of legal entities of the specified organizational and legal form.

A credit institution is required to register all changes made to its constituent documents. The documents provided for by paragraph 1 of Article 17 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” and regulations of the Bank of Russia are submitted by the credit organization to the Bank of Russia in the manner established by it. The Bank of Russia, within one month from the date of submission of all properly executed documents, makes a decision on state registration of changes made to the constituent documents of the credit organization and sends it to the authorized body in accordance with Article 2 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” federal body executive power (hereinafter referred to as the authorized registration body) information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities. (Part three as amended by Federal Law dated December 8, 2003 No. 169-FZ)

Based on the specified decision adopted by the Bank of Russia and the necessary information and documents submitted by it, the authorized registration body, within a period of no more than five working days from the date of receipt of the necessary information and documents, enters into a single State Register legal entities the corresponding entry and no later than the working day following the day the corresponding entry was made, reports this to the Bank of Russia. The interaction of the Bank of Russia with the authorized registration body on the issue of state registration of changes made to the constituent documents of a credit organization is carried out in the manner agreed upon by the Bank of Russia with the authorized registration body.

The authorized capital of a credit organization is made up of the amount of deposits of its participants and determines the minimum amount of property that guarantees the interests of its creditors.

The minimum amount of the authorized capital of a newly registered bank on the day of filing an application for state registration and issuance of a license to carry out banking operations is set at 300 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit organization applying for a license providing the right to carry out settlements on behalf of legal entities, including correspondent banks, on their bank accounts, on the day of filing an application for state registration and issuing a license to carry out banking operations are set at 90 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit organization applying for a license for non-bank credit organizations that have the right to carry out money transfers without opening bank accounts and other banking operations related to them, on the day of filing the application for state registration and issuing a license to carry out banking transactions is set at 18 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit organization that does not apply for these licenses on the day of filing an application for state registration and issuance of a license to carry out banking operations is established in the amount of 18 million rubles.
(Part two as amended by Federal Laws dated 05/03/2006 No. 60-FZ, dated 02/28/2009 No. 28-FZ, dated 06/27/2011 No. 162-FZ, dated 12/03/2011 No. 391-FZ)
Part three is no longer valid - the federal law dated February 28, 2009 No. 28-FZ.

The Bank of Russia sets size limit property (non-monetary) contributions to the authorized capital of a credit organization, as well as a list of types of property in non-monetary form that can be contributed to pay for the authorized capital. (Part four as amended by Federal Law No. 60-FZ dated 03.05.2006)
Raised funds cannot be used to form the authorized capital of a credit organization.

Payment of the authorized capital of a credit organization when increasing its authorized capital by offsetting claims against the credit organization is not permitted. The Bank of Russia has the right to establish the procedure and criteria for assessing the financial position of the founders (participants) of a credit organization. (Part five as amended by Federal Law No. 352-FZ dated December 27, 2009)

Federal budget and state funds off-budget funds, available funds and other property owned by federal government bodies cannot be used to form the authorized capital of a credit organization, except in cases provided for by federal laws.

Funds from the budgets of the constituent entities of the Russian Federation, local budgets, available funds and other property owned by state authorities of the constituent entities of the Russian Federation and local governments can be used to form the authorized capital of a credit organization on the basis of a legislative act of the constituent entity of the Russian Federation or a decision, respectively local government body in the manner prescribed by this Federal Law and other federal laws.

Acquisition and (or) receipt in trust management (hereinafter referred to as acquisition) as a result of one or several transactions by one legal entity or individual or a group of legal entities and (or) individuals related by agreement, or a group of legal entities that are subsidiaries or dependent entities relation to each other, more than 1 percent of the shares (shares) of a credit institution require notification of the Bank of Russia, more than 20 percent - the preliminary consent of the Bank of Russia. The Bank of Russia, no later than 30 days from the date of receipt of the application, informs the applicant in writing about its decision - consent or refusal. The refusal must be motivated. If the Bank of Russia did not report the decision taken during the specified period, the acquisition of shares (shares) of a credit organization is considered permitted. The procedure for obtaining the consent of the Bank of Russia for the acquisition of more than 20 percent of shares (stakes) of a credit organization and the procedure for notifying the Bank of Russia of the acquisition of more than 1 percent of shares (stakes) of a credit organization are established by federal laws and regulations of the Bank of Russia adopted in accordance with them. (Part eight as amended by Federal Laws dated June 19, 2001 No. 82-FZ, dated December 29, 2006 No. 246-FZ)

The Bank of Russia has the right to refuse to give consent to the acquisition of more than 20 percent of shares (stakes) of a credit institution if it determines the unsatisfactory financial position of the acquirers of shares (stakes), violation of antimonopoly rules, as well as in cases where in relation to the person acquiring shares (stakes) of a credit institution organizations that have entered into force court decisions, establishing the facts of the said person committing unlawful actions during bankruptcy, intentional and (or) fictitious bankruptcy, and in other cases provided for by federal laws. (Part nine as amended by Federal Law No. 82-FZ dated June 19, 2001)

The Bank of Russia refuses to give consent to the acquisition of more than 20 percent of the shares (stakes) of a credit organization if the court previously established that the person acquiring the shares (stakes) of the credit organization was guilty of causing losses to any credit organization while performing his duties as a member of the board of directors ( supervisory board) of a credit organization, the sole executive body, his deputy and (or) a member of the collegial executive body (board, directorate). (Part ten was introduced by Federal Law No. 82-FZ of June 19, 2001)

The founders of the bank do not have the right to withdraw from the bank's membership during the first three years from the date of its registration.

(introduced by Federal Law dated June 19, 2001 No. 82-FZ)

The governing bodies of a credit institution, along with the general meeting of its founders (participants), are the board of directors (supervisory board), the sole executive body and the collegial executive body.

The current management of the activities of a credit organization is carried out by the sole executive body and the collegial executive body.
The sole executive body, its deputies, members of the collegial executive body (hereinafter referred to as the head of the credit institution), Chief Accountant a credit organization, the head of its branch does not have the right to hold positions in other organizations that are credit or insurance organizations, professional participants in the securities market, as well as in organizations engaged in leasing activities or that are affiliated with the credit organization in which its head works, chief accountant, head of its branch, except for the case provided for in this part. If credit organizations are in relation to each other the main and subsidiary business companies, the sole executive body of the subsidiary credit organization has the right to hold positions (with the exception of the 19th position of chairman) in the collegial executive body of the credit organization - the main company. (Part three as amended by Federal Law No. 181-FZ dated July 23, 2010)
Candidates for the positions of members of the board of directors (supervisory board), head of a credit organization, chief accountant, deputy chief accountant of a credit organization, as well as for the positions of head, deputy head, chief accountant, deputy chief accountant of a branch of a credit organization must meet the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them.

The credit organization is obliged to notify the Bank of Russia in writing of all proposed appointments to the positions of head of the credit organization, chief accountant, deputy chief accountant of the credit organization, as well as to the positions of head, deputy heads, chief accountant, deputy chief accountant of a branch of the credit organization. The notification must contain the information provided for in subparagraph 8 of Article 14 of this Federal Law. Bank of Russia within one month from the date of receipt said notice gives consent to these appointments or submits a reasoned refusal in writing on the grounds provided for in Article 16 of this Federal Law.

The credit organization is obliged to notify the Bank of Russia in writing about the dismissal of the head of the credit organization, chief accountant, deputy chief accountant of the credit organization, as well as the head, deputy heads, chief accountant, deputy chief accountant of a branch of the credit organization no later than the working day following the day making such a decision.

The credit institution is obliged to notify the Bank of Russia in writing about the election (dismissal) of a member of the board of directors (supervisory board) within three days from the date of such decision.

(as amended by Federal Law dated December 3, 2011 No. 391-FZ)

The minimum amount of own funds (capital) is established 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 organization 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.

A license to carry out banking operations, granting a credit organization the right to carry out banking operations with funds in rubles and foreign currency, to attract funds from individuals and legal entities in rubles and foreign currency as deposits (hereinafter referred to as the general license), can be issued to a credit organization that has its own funds (capital) of at least 900 million rubles as of the 1st day of the month in which an application for a general license was submitted to the Bank of Russia.

A bank that had equity (capital) of less than 180 million rubles as of January 1, 2007, has the right to continue its activities provided that the amount of its equity (capital) does not decrease compared to the level achieved as of January 1, 2007.

The amount of own funds (capital) of a bank that meets the requirements established by part four of this article must be at least 90 million rubles from January 1, 2010.

The amount of own funds (capital) of a bank that meets the requirements established by parts four and five of this article, as well as a bank created after January 1, 2007, from January 1, 2012 must be at least 180 million rubles.

The amount of own funds (capital) of a bank that meets the requirements established by parts four to six of this article, as well as a bank created after January 1, 2007, must be at least 300 million rubles from January 1, 2015.

If the size of the bank's own funds (capital) decreases due to a change by the Bank of Russia in the methodology for determining the size of the bank's own funds (capital), a bank that had own funds (capital) of 180 million rubles or more as of January 1, 2007, as well as a bank created after 1 January 2007, within 12 months they must reach the value of their own funds (capital) in the amount of 180 million rubles, and from January 1, 2015 - 300 million rubles, calculated according to the new methodology for determining the amount of the bank’s own funds (capital), determined by the Bank of Russia, and a bank that had equity (capital) of less than 180 million rubles as of January 1, 2007 - the larger of two values: the amount of equity (capital) it had as of January 1, 2007, calculated using a new method for determining the amount of equity funds (capital) of the bank, determined by the Bank of Russia, or the amount of own funds (capital), established by parts five to seven of this article, as of the corresponding date.

Banking activities on the territory of the Russian Federation are regulated by a number of federal laws and a large number of legal acts that are aimed at certain narrow banking specialties and specific operations. The main law in the banking sector is Federal Law-395-1.

General provisions 395-1 Federal Law

List of legislative acts that are fundamental in the field of regulation of banking activities:

• FZ-351-1 - On banks and banking activities - is the fundamental law in the field of regulating the work of banks. It defines basic concepts and terms, classifies banking organizations and documents, defines the relationship between the state, banks and clients, and also establishes the procedure for registering credit institutions and their activities.
• — regulates the activities of the country’s main financial organization, as well as its branches. The Bank of Russia establishes the national currency, monitors its stability and controls the work of all credit institutions.
• - establishes the procedure for implementation money transfers and rules for provision payment services on the territory of the Russian Federation.
• I-153 - Instructions of the Central Bank of the Russian Federation on opening and closing bank accounts - provides Required documents to create a bank account, as well as the rules for its use.
• I-139 - Instruction of the Central Bank of the Russian Federation on mandatory banking ratios - establishes the rules for calculating mandatory banking ratios.

It is also necessary to pay attention to the Constitution of the Russian Federation, namely Articles 71, 74, 75, 83, 103, 106, which permit and limit the work of banks, as well as Article 857 of the Civil Code of the Russian Federation, which defines the concept of bank secrecy and provides for the rules for its compliance.

In addition to the above legislative acts, which are the cornerstone in the banking system of the Russian Federation, there is a large number of narrowly focused documents that regulate certain types of activities of banking and credit institutions. All regulations are constantly being edited and improved in order to improve the functioning of the financial sector of the state.

Federal Law on the judicial system with current changes for 2018. Link

Read about the latest innovations in Federal Law No. 116

Brief content of Federal Law-351-1 by chapter:

• Chapter 1 provides general provisions Law: defines the basic terms used in the banking sector, establishes the types of financial and credit organizations, and also provides the basic rules for their functioning;
• Chapter 2 regulates the procedure for registering credit and banking institutions, the rules for obtaining the appropriate license to carry out activities and the specifics of the liquidation of these organizations;
• Chapter 3 lists the requirements to ensure the stable operation of the banking system, as well as to protect the rights and interests of depositors;
• Chapter 4 establishes the rules of interbank relations and the procedure for servicing clients;
• Chapter 5 provides for the specifics of opening and operating branches of credit institutions on the territory of foreign states;
• Chapter 6 defines the features of making bank deposits by individuals and their rules compulsory insurance;
• Chapter 7 establishes the requirements for maintaining accounting records in banking organizations and the procedure for supervising the activities of credit institutions.

The Banking Law came into force on December 2, 1990. Since its adoption, it has been supplemented and edited several times. The latest changes to Federal Law 351-1 occurred on December 31, 2017.

What changes have been made?

During the last amendment to the legislation on banks of the Russian Federation, which was introduced on December 12, 2017 by Law No. 482-FZ, the following articles were supplemented:

• To article 8, providing for rules for disclosing bank secrecy, a provision was introduced that gives the Government of the Russian Federation the right to establish special cases for credit institutions when information intended for disclosure may not be disclosed or may be partially disclosed;
• Article 30, which defines the relationship between banks and clients, was supplemented by a provision that provides for the conclusion of electronic agreements signed with digital signatures. Electronic documents are equivalent to paper ones, and digital signatures will be used to identify clients. This amendment will come into force on June 30, 2018.

Article 20, which provides grounds for termination of a banking license, consists of the following provisions:

• central bank Russia has the right to revoke a license from a credit institution in the following cases:
  • the information on the basis of which the license was issued is unreliable;
  • banking operations provided for by the license are not carried out within a year from the date of its issuance;
  • significant unreliability of reporting data;
  • monthly reporting is delayed for more than 15 days;
  • carrying out banking operations that are not provided for by the license;
  • non-compliance with the requirements of regulatory acts on banking activities;
  • multiple violations within one year of requirements regulatory documents Bank of Russia;
  • failure to comply with the demands of judicial organizations to collect money from client accounts;
  • petitions for bankruptcy from the temporary administration (FZ on bankruptcy);
  • repeated delays in providing updated information to the Bank of Russia;
  • violations were not eliminated within the prescribed period;
  • violation of legislation on combating the illegal use of insider information.
• The Central Bank is obliged to revoke the license of a credit organization in the following cases :
  • if the indicator equity credit institution below two percent;
  • if the organization’s own capital is below the minimum authorized capital;
  • if the credit company does not bring its own capital to the required standard in accordance with the resolution of the Bank of Russia;
  • if the organization cannot satisfy the requests of creditors;
  • if a bank holding a universal license allowed its own capital to decrease below the permissible minimum norm;
  • if a bank with a universal license, while reducing its own capital, did not reach the required amount within the prescribed period and did not change its status in accordance with the provisions of this law;
• The decision to revoke a license is made within 15 days after receiving reliable information about the relevant grounds. The decision comes into force from the moment it is adopted and can be appealed within 30 days after its announcement.

After the license is revoked, a temporary administration is appointed to a credit or banking organization, whose task is to fulfill the company’s remaining obligations to creditors and prepare the organization for liquidation.

Article 27, which provides for the procedure for seizing and directing collection of funds and property that are in a credit institution, consists of the following provisions:

• Seizure of financial resources or other valuables pledged or stored in a credit company, is carried out only with the appropriate order of the courts as a result of a court decision;
• If the money in an account or deposit is seized, then the company, upon receipt of the appropriate decision, immediately stops any operations with the specified account;
• It is possible to recover funds or other valuables that are in an account or deposit with a credit company only if there is an appropriate writ of execution;
• The credit institution and the Central Bank of Russia are not responsible for damage to property as a result of seizure or foreclosure;

Cash or valuables are confiscated only when the relevant court decision comes into force.

Amendments that relate to the activities of commercial banks

In order to regulate the financial market, the number of commercial banks has decreased over the past 10 years. Benefits of reducing the number banking organizations are as follows:

• in the qualitative improvement of the services provided;
• in increasing the reliability of deposits and assets;
• in increasing competition.

However, it cannot do without negative consequences , among which:

• expenses for compensation of losses of legal entities;
• losses of legal entities that invest in the development of commercial organizations;
• instability in the banking sector due to frequent amendments to legislation.

The Banking Law is regularly amended to improve services and create a healthy financial environment. Therefore in this year a new wave of contraction of commercial banks is expected. Experts predict a reduction in the number of banks to 500 units.

Download the text of the current version of the law

Federal Law of December 2, 1990 N 395-1 “On Banks and Banking Activities” can be downloaded. The text is provided in the current version from latest changes dated 12/31/2017.

From 07/27/2010 N 224-ФЗ, from 11/15/2010 N 294-ФЗ, from 02/07/2011 N 8-ФЗ, from 06/27/2011 N 162-ФЗ, from 07/01/2011 N 169-ФЗ, from 07/11/2011 N 200-FZ, as amended by the Resolution Constitutional Court RF dated 02/23/1999 N 4-P, Federal laws dated 07/08/1999 N 144-FZ, dated 10/27/2008 N 175-FZ)

Chapter I. GENERAL PROVISIONS

Article 1. Basic concepts of this Federal Law

A credit organization is a legal entity that, in order to make a profit as the main goal of its activities, on the basis of a special permit (license) from the Central Bank of the Russian Federation (Bank of Russia), has the right to carry out banking operations provided for by this Federal Law. A credit organization is formed on the basis of any form of ownership as a business company.

Bank is a credit organization that has the exclusive right to carry out the following banking operations in aggregate: attracting funds from individuals and legal entities on deposit, placing these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency, opening and maintaining bank accounts of individuals and legal entities.

Non-bank credit organization:

1) a credit institution that has the right to carry out exclusively banking operations specified in paragraphs 3 and 4 (only in relation to bank accounts of legal entities in connection with the implementation of money transfers without opening bank accounts), as well as in paragraph 5 (only in connection with the implementation transfers of funds without opening bank accounts) and paragraph 9 of part one of Article 5 of this Federal Law (hereinafter referred to as a non-bank credit organization that has the right to carry out transfers of funds without opening bank accounts and other banking operations related to them);

2) a credit institution that has the right to carry out certain banking operations provided for by this Federal Law. Acceptable combinations of banking operations for such a non-bank credit organization are established by the Bank of Russia.

Foreign bank is a bank recognized as such under the laws of the foreign state in whose territory it is registered.

Article 2. Banking system of the Russian Federation and legal regulation of banking activities

The banking system of the Russian Federation includes the Bank of Russia, credit organizations, as well as branches and representative offices of foreign banks.

Legal regulation of banking activities is carried out by the Constitution of the Russian Federation, this Federal Law, the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”, other federal laws, and regulations of the Bank of Russia.

Article 3. Unions and associations of credit organizations

Credit organizations can create unions and associations that do not pursue profit-making purposes to protect and represent the interests of their members, coordinate their activities, develop interregional and international relations, satisfy scientific, information and professional interests, develop recommendations for the implementation of banking activities and other joint decisions. tasks of credit institutions. Unions and associations of credit organizations are prohibited from carrying out banking operations.

Unions and associations of credit organizations are created and registered in the manner established by the legislation of the Russian Federation for non-profit organizations.

Unions and associations of credit organizations notify the Bank of Russia of their creation within a month after registration.

Article 4. Banking group and bank holding company

A banking group is an association of credit institutions that is not a legal entity, in which one (parent) credit institution directly or indirectly (through a third party) has a significant influence on decisions made by the management bodies of another credit institution (credit institutions).

A bank holding company is an association of legal entities that is not a legal entity with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the parent organization of the bank holding company) has the ability to directly or indirectly (through a third party) have a significant influence on decisions adopted by the management bodies of the credit organization (credit organizations).

For the purposes of this Federal Law, significant influence is understood as the ability to determine decisions made by the management bodies of a legal entity, the conditions for its business activities due to participation in its authorized capital and (or) in accordance with the terms of the agreement concluded between legal entities that are part of the banking group and (or) into a banking holding company, appoint a sole executive body and (or) more than half of the composition of the collegial executive body of a legal entity, as well as the ability to determine the election of more than half of the board of directors (supervisory board) of a legal entity.

The parent credit organization of a banking group, the parent organization of a bank holding company are obliged to notify the Bank of Russia in the manner established by it about the formation of a banking group or bank holding company.

A commercial organization that, in accordance with this Federal Law, can be recognized as the parent organization of a bank holding company, in order to manage the activities of all credit organizations included in the bank holding company, has the right to create a management company of the bank holding company. In this case, the management company of the bank holding company performs the duties that, in accordance with this Federal Law, are assigned to the parent organization of the bank holding company.

For the purposes of this Federal Law, a management company of a bank holding company is recognized as a business company whose main activity is managing the activities of credit institutions included in the bank holding company. The management company of a bank holding company has no right to engage in insurance, banking, manufacturing or trading activities. A commercial organization, which in accordance with this Federal Law can be recognized as the parent organization of a bank holding company, must have the opportunity to determine the decisions of the management company of the bank holding company on issues within the competence of the meeting of its founders (participants), including its reorganization and liquidation.

Article 5. Banking operations and other transactions of a credit organization

Banking operations include:

1) attracting funds from individuals and legal entities to deposits (on demand and for a certain period);
2) placement of the raised funds specified in paragraph 1 of part one of this article on one’s own behalf and at one’s own expense;
3) opening and maintaining bank accounts for individuals and legal entities;
4) carrying out transfers of funds on behalf of individuals and legal entities, including correspondent banks, through their bank accounts;
5) collection of funds, bills, payment and settlement documents and cash services for individuals and legal entities;
6) purchase and sale of foreign currency in cash and non-cash forms;
7) attraction of deposits and placement of precious metals;
8) issuance of bank guarantees;
9) making money transfers without opening bank accounts, including electronic money (with the exception of postal transfers).

The opening by credit institutions of bank accounts of individual entrepreneurs and legal entities, with the exception of state authorities and local self-government bodies, is carried out on the basis of certificates of state registration of individuals as individual entrepreneurs, certificates of state registration of legal entities, as well as certificates of registration with tax authority.

In addition to the banking operations listed in part one of this article, a credit institution has the right to carry out the following transactions:

1) issuance of guarantees for third parties, providing for the fulfillment of obligations in monetary form;
2) acquisition of the right to demand from third parties the fulfillment of obligations in monetary form;
3) trust management of funds and other property under an agreement with individuals and legal entities;
4) carrying out transactions with precious metals and precious stones in accordance with the legislation of the Russian Federation;
5) leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables;
6) leasing operations;
7) provision of consulting and information services.

A credit institution has the right to carry out other transactions in accordance with the legislation of the Russian Federation.

All banking operations and other transactions are carried out in rubles, and, if there is an appropriate license from the Bank of Russia, in foreign currency.

The rules for carrying out banking operations, including the rules for their material and technical support, are established by the Bank of Russia in accordance with federal laws.

A credit organization is prohibited from engaging in production, trade and insurance activities. These restrictions do not apply to the conclusion of contracts that are derivative financial instruments and provide for either the obligation of one party to the contract to transfer goods to the other party, or the obligation of one party on the terms determined at the conclusion of the contract, in the event of a demand by the other party to buy or sell goods, if the obligation is delivery will be terminated without execution in kind.

Transfers of funds without opening bank accounts, with the exception of transfers of electronic funds, are carried out on behalf of individuals.

Article 6. Activities of a credit organization on the securities market

In accordance with the license of the Bank of Russia to carry out banking operations, the bank has the right to issue, purchase, sell, record, store and other transactions with securities that perform the functions of a payment document, with securities confirming the attraction of funds into deposits and bank accounts, with other securities, the implementation of transactions with which does not require obtaining a special license in accordance with federal laws, and also has the right to carry out trust management of these securities under an agreement with individuals and legal entities.

A credit organization has the right to carry out professional activities in the securities market in accordance with federal laws.

Article 7. Corporate name of the credit organization

A credit institution must have a full corporate name and has the right to have an abbreviated corporate name in Russian. A credit institution also has the right to have a full corporate name and (or) an abbreviated corporate name in the languages ​​of the peoples of the Russian Federation and (or) foreign languages.

The corporate name of a credit organization in Russian and the languages ​​of the peoples of the Russian Federation may contain foreign borrowings in Russian transcription or in transcriptions of the languages ​​of the peoples of the Russian Federation, with the exception of terms and abbreviations that reflect the legal form of the credit organization.

The corporate name of a credit organization must contain an indication of the nature of its activities by using the words “bank” or “non-bank credit organization”.

Other requirements for the corporate name of a credit organization are established by the Civil Code of the Russian Federation.

When considering an application for state registration of a credit organization, the Bank of Russia is obliged to prohibit the use of the trade name of the credit organization if the proposed trade name is already contained in the Book of State Registration of Credit Organizations.

The use of the words “Russia”, “Russian Federation”, “state”, “federal” and “central”, as well as words and phrases formed on their basis, in the corporate name of a credit institution is permitted in the manner established by federal laws.

No legal entity in the Russian Federation, with the exception of a legal entity that has received a license to carry out banking operations from the Bank of Russia, may use in its corporate name the words “bank”, “credit organization” or otherwise indicate that this legal entity has the right to carry out banking operations.

Article 8. Providing information on the activities of a credit organization, banking group and banking holding company

A credit organization is obliged to publish the following information about its activities in the forms and within the time limits established by the Bank of Russia:

Quarterly - balance sheet, profit and loss statement, information on the level of capital adequacy, the amount of reserves for doubtful loans and other assets;

Annually - balance sheet and profit and loss statement with the conclusion of the audit firm (auditor) on their reliability.

A credit organization is obliged, at the request of an individual or legal entity, to provide him with a copy of the license to carry out banking operations, copies of other permits (licenses) issued to it, if the need to obtain these documents is provided for by federal laws, as well as monthly balance sheets for the current year.

For misleading individuals and legal entities by failure to provide information or by providing false or incomplete information, a credit institution shall be liable in accordance with this Federal Law and other federal laws.

The parent credit organization of a banking group, the parent organization of a bank holding company (management company of a bank holding company) annually publish their consolidated financial statements and consolidated profit and loss statements in the form, procedure and terms established by the Bank of Russia, after confirming their accuracy by the conclusion of an audit firm (auditor ).

A credit institution that has a license from the Bank of Russia to attract deposits from individuals is required to disclose information on interest rates under bank deposit agreements with individuals (for the credit institution as a whole without disclosing information on individual individuals) and information on the credit institution’s debt for deposits of individuals. The procedure for disclosing such information is established by the Bank of Russia.

Article 9. Relations between a credit institution and the state

The credit institution is not liable for the obligations of the state. The state is not liable for the obligations of a credit organization, except in cases where the state itself has assumed such obligations.

The credit institution is not liable for the obligations of the Bank of Russia. The Bank of Russia is not liable for the obligations of a credit organization, except in cases where the Bank of Russia has assumed such obligations.

Legislative and executive authorities and local governments do not have the right to interfere in the activities of credit institutions, except in cases provided for by federal laws.

A credit organization, on the basis of a state or municipal contract for the provision of services for state or municipal needs, can carry out individual instructions of the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments, carry out operations with funds from the federal budget, budgets of the constituent entities of the Russian Federation and local budgets and settlements with them, ensure the targeted use of budget funds allocated for the implementation of federal and regional programs. Such a contract must contain the mutual obligations of the parties and provide for their responsibilities, conditions and forms of control over the use of budget funds.

A credit organization cannot be obliged to carry out activities not provided for by its constituent documents, except in cases where the credit organization has assumed the corresponding obligations, or in cases provided for by federal laws.

Article 10. Constituent documents of a credit organization

A credit organization has constituent documents provided for by federal laws for a legal entity of the appropriate organizational and legal form.

The charter of a credit organization must contain:

1) company name;
2) an indication of the organizational and legal form;
3) information about the address (location) of management bodies and separate divisions;
4) a list of banking operations and transactions carried out in accordance with Article 5 of this Federal Law;
5) information on the amount of authorized capital;
6) information about the system of management bodies, including executive bodies, and internal control bodies, the procedure for their formation and their powers;
7) other information provided for by federal laws for the charters of legal entities of the specified organizational and legal form.

A credit institution is required to register all changes made to its constituent documents. The documents provided for by paragraph 1 of Article 17 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” and regulations of the Bank of Russia are submitted by the credit organization to the Bank of Russia in the manner established by it. The Bank of Russia, within one month from the date of submission of all properly executed documents, makes a decision on state registration of changes made to the constituent documents of the credit organization and sends it to the federal body authorized in accordance with Article 2 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" executive power (hereinafter referred to as the authorized registration body) information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.

The interaction of the Bank of Russia with the authorized registration body on the issue of state registration of changes made to the constituent documents of a credit organization is carried out in the manner agreed upon by the Bank of Russia with the authorized registration body.

Article 11. Authorized capital of a credit organization

The authorized capital of a credit organization is made up of the amount of deposits of its participants and determines the minimum amount of property that guarantees the interests of its creditors.

The minimum amount of the authorized capital of a newly registered bank on the day of filing an application for state registration and issuance of a license to carry out banking operations is established in the amount of 180 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit organization applying for a license providing the right to carry out settlements on behalf of legal entities, including correspondent banks, on their bank accounts, on the day of filing an application for state registration and issuing a license to carry out banking operations are set at 90 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit organization applying for a license for non-bank credit organizations that have the right to carry out money transfers without opening bank accounts and other banking operations related to them, on the day of filing the application for state registration and issuing a license to carry out banking transactions is set at 18 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit organization that does not apply for these licenses on the day of filing an application for state registration and issuance of a license to carry out banking operations is established in the amount of 18 million rubles.

Part three is no longer valid.

The Bank of Russia sets the maximum amount of property (non-monetary) contributions to the authorized capital of a credit organization, as well as a list of types of property in non-monetary form that can be contributed to pay for the authorized capital.

Raised funds cannot be used to form the authorized capital of a credit organization. Payment of the authorized capital of a credit organization when increasing its authorized capital by offsetting claims against the credit organization is not permitted. The Bank of Russia has the right to establish the procedure and criteria for assessing the financial position of the founders (participants) of a credit organization.

Funds from the federal budget and state extra-budgetary funds, available funds and other property owned by federal government bodies cannot be used to form the authorized capital of a credit organization, except in cases provided for by federal laws.

Funds from the budgets of the constituent entities of the Russian Federation, local budgets, available funds and other property owned by state authorities of the constituent entities of the Russian Federation and local governments can be used to form the authorized capital of a credit organization on the basis of a legislative act of the constituent entity of the Russian Federation or a decision, respectively local government body in the manner prescribed by this Federal Law and other federal laws.

Acquisition and (or) receipt in trust management (hereinafter referred to as acquisition) as a result of one or several transactions by one legal entity or individual or a group of legal entities and (or) individuals related by agreement, or a group of legal entities that are subsidiaries or dependent entities relation to each other, more than 1 percent of the shares (shares) of a credit institution require notification of the Bank of Russia, more than 20 percent - the preliminary consent of the Bank of Russia. The Bank of Russia, no later than 30 days from the date of receipt of the application, informs the applicant in writing about its decision - consent or refusal. The refusal must be motivated. If the Bank of Russia does not notify the decision within the specified period, the acquisition of shares (stakes) of the credit institution is considered permitted. The procedure for obtaining the consent of the Bank of Russia for the acquisition of more than 20 percent of shares (stakes) of a credit organization and the procedure for notifying the Bank of Russia of the acquisition of more than 1 percent of shares (stakes) of a credit organization are established by federal laws and regulations of the Bank of Russia adopted in accordance with them.

The Bank of Russia has the right to refuse to give consent to the acquisition of more than 20 percent of shares (stakes) of a credit institution if it determines the unsatisfactory financial position of the acquirers of shares (stakes), violation of antimonopoly rules, as well as in cases where in relation to the person acquiring shares (stakes) of a credit institution organizations, there are court decisions that have entered into force, establishing the facts of the said person committing unlawful actions during bankruptcy, deliberate and (or) fictitious bankruptcy, and in other cases provided for by federal laws.

The Bank of Russia refuses to give consent to the acquisition of more than 20 percent of the shares (stakes) of a credit organization if the court previously established that the person acquiring the shares (stakes) of the credit organization was guilty of causing losses to any credit organization while performing his duties as a member of the board of directors ( supervisory board) of a credit organization, the sole executive body, his deputy and (or) a member of the collegial executive body (board, directorate).

The founders of the bank do not have the right to withdraw from the bank's membership during the first three years from the date of its registration.

Article 11.1. Management bodies of a credit organization

The governing bodies of a credit institution, along with the general meeting of its founders (participants), are the board of directors (supervisory board), the sole executive body and the collegial executive body.

The current management of the activities of a credit organization is carried out by the sole executive body and the collegial executive body.

The sole executive body, its deputies, members of the collegial executive body (hereinafter referred to as the head of the credit organization), the chief accountant of the credit organization, the head of its branch are not entitled to hold positions in other organizations that are credit or insurance organizations, professional participants in the securities market, as well as in organizations engaged in leasing activities or that are affiliated with a credit institution in which its director, chief accountant, or head of its branch work, except for the case provided for in this part. If credit organizations are in relation to each other the main and subsidiary business companies, the sole executive body of the subsidiary credit organization has the right to hold positions (except for the position of chairman) in the collegial executive body of the credit organization - the main company.

Candidates for the positions of members of the board of directors (supervisory board), head of a credit organization, chief accountant, deputy chief accountant of a credit organization, as well as for the positions of head, deputy head, chief accountant, deputy chief accountant of a branch of a credit organization must meet the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them.

The credit organization is obliged to notify the Bank of Russia in writing of all proposed appointments to the positions of head of the credit organization, chief accountant, deputy chief accountant of the credit organization, as well as to the positions of head, deputy heads, chief accountant, deputy chief accountant of a branch of the credit organization. The notification must contain the information provided for in subparagraph 8 of Article 14 of this Federal Law. The Bank of Russia, within a month from the date of receipt of the said notification, gives consent to the specified appointments or submits a reasoned refusal in writing on the grounds provided for in Article 16 of this Federal Law.

The credit organization is obliged to notify the Bank of Russia in writing about the dismissal of the head of the credit organization, chief accountant, deputy chief accountant of the credit organization, as well as the head, deputy heads, chief accountant, deputy chief accountant of a branch of the credit organization no later than the working day following the day making such a decision.

The credit institution is obliged to notify the Bank of Russia in writing about the election (dismissal) of a member of the board of directors (supervisory board) within three days from the date of such decision.

Article 11.2. Minimum amount of own funds (capital) of a credit institution

The minimum amount of own funds (capital) is established for a bank in the amount of 180 million rubles, except for the case provided for in part four of this article.

The amount of equity (capital) of a non-bank credit organization 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 180 million rubles.

A license to carry out banking operations, granting a credit organization the right to carry out banking operations with funds in rubles and foreign currency, to attract funds from individuals and legal entities in rubles and foreign currency as deposits (hereinafter referred to as the general license), can be issued to a credit organization that has its own funds (capital) of at least 900 million rubles as of the 1st day of the month in which an application for a general license was submitted to the Bank of Russia.

A bank that, as of January 1, 2007, has its own funds (capital) of less than 180 million rubles, has the right to continue its activities provided that the amount of its own funds (capital) does not decrease compared to the level achieved as of January 1, 2007.

The amount of own funds (capital) of a bank that meets the requirements established by part four of this article must be at least 90 million rubles from January 1, 2010.

The amount of own funds (capital) of a bank that meets the requirements established by parts four and five of this article must be at least 180 million rubles from January 1, 2012.

If the size of the bank's own funds (capital) decreases due to a change by the Bank of Russia in the methodology for determining the size of the bank's own funds (capital), the bank that had equity (capital) in the amount of 180 million rubles or more as of January 1, 2007, within 12 months must reach minimum size own funds (capital) established by this article, calculated according to the new method for determining the amount of own funds (capital) of a bank, determined by the Bank of Russia, and a bank that had own funds (capital) in the amount of less than 180 million rubles as of January 1, 2007 - a larger of two values: the amount of equity (capital) available to it as of January 1, 2007, calculated using the new methodology for determining the amount of equity (capital) of a bank, determined by the Bank of Russia, or the amount of equity (capital) established by parts five and six of this article, as of the relevant date.

Chapter II. The procedure for registering credit organizations and licensing banking operations

Article 12. State registration of credit organizations and issuance of licenses to them to carry out banking operations

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 what is established by this Federal Law special order state registration of credit organizations.

The decision on state registration of a credit organization is made by the Bank of Russia. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of credit organizations, as well as other information provided for by federal laws, is carried out by the authorized registration body on the basis of a decision of the Bank of Russia on the relevant state registration. The interaction of the Bank of Russia with the authorized registration body on issues of state registration of credit organizations is carried out in the manner agreed upon by the Bank of Russia with the authorized registration body.

In order to carry out control and supervisory functions, the Bank of Russia maintains the Book of State Registration of Credit Institutions in the manner established by federal laws and Bank of Russia regulations adopted in accordance with them.

For state registration of credit organizations, a state fee is charged in the manner and in the amounts 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 about received licenses, 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, 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 organization is issued after its state registration in the manner established by this Federal Law and the regulations of the Bank of Russia adopted in accordance with it.

A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.

Article 13. Licensing of banking operations

Banking operations are carried out only on the basis of a license issued by the Bank of Russia in the manner established by this Federal Law, with the exception of cases specified in part nine of this article and in the Federal Law “On the National Payment System”.

Licenses issued by the Bank of Russia are recorded in the register of issued licenses for banking operations.

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 (Bulletin of the Bank of Russia) 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 that the credit institution has the right to carry out, as well as the currency in which these banking operations can be carried out.

A license to carry out banking operations is issued without limiting its validity period.

Carrying out banking operations by a legal entity without a license, if obtaining such a license is mandatory, entails the recovery 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 the amount of twice this amount to the federal budget. Collection is made in judicial procedure at the request of the prosecutor, the relevant federal executive body authorized by federal law, or the Bank of Russia.

The Bank of Russia has the right to file a claim with the 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)" has the right to carry out banking operations, the right to carry out which is granted to it on the basis of the Federal Law "On the Development Bank".

Article 13.1. Lost power.

Article 14. Documents required for state registration of a credit organization and obtaining a license to carry out banking operations

For state registration of a credit organization and obtaining a license to carry out banking operations, the following documents are submitted to the Bank of Russia in the manner established by it:

1) an application for state registration of a credit organization and the issuance of a license to carry out banking operations; the application also indicates information about the address (location) of the permanent executive body of the credit institution, at which communication with the credit institution is carried out;

2) the constituent agreement (original or notarized copy), if its signing is provided for by federal law;

3) charter (original or notarized copy);

4) a business plan approved by the meeting of founders (participants) of the credit organization, minutes of the meeting of founders (participants), containing decisions on approval of the charter of the credit organization, as well as candidates for appointment to the positions of head of the credit organization and chief accountant of the credit organization. The procedure for drawing up a business plan for a credit institution and the criteria for its evaluation are established by regulations of the Bank of Russia;

5) documents on payment state duty for state registration of a credit organization and for the provision of a license to carry out banking operations when creating a credit organization;

6) audit reports about reliability financial statements founders - legal entities;

7) documents (according to the list established by regulations of the Bank of Russia) confirming the sources of origin of funds contributed by the founders - individuals to the authorized capital of the credit organization;

8) questionnaires of candidates for the positions of head of a credit organization, chief accountant, deputy chief accountant of a credit organization, as well as for the positions of head, deputy heads, chief accountant, deputy chief accountant of a branch of a credit organization.
These forms are filled out by these candidates in their own hand and must contain information established by regulations of the Bank of Russia, as well as information:

About the presence of these persons with a higher legal or economic education (with the presentation of a copy of the diploma or a document replacing it) and at least one year of experience in managing a department or other division of a credit institution related to banking operations, and in the absence of special education - experience in managing such department for at least two years;
about the presence (absence) of a criminal record;

9) questionnaires of candidates for the positions of the sole executive body and chief accountant of a non-bank credit organization that has the right to carry out transfers of funds without opening bank accounts and other banking operations related to them. These forms are filled out by these candidates in their own hand and must contain information established by regulations of the Bank of Russia, as well as information:

About the presence of higher education in these persons vocational education(with presentation of a copy of the diploma or a document replacing it);
about the presence (absence) of a criminal record.

In addition to the documents specified in part one of this article, the Central Bank of the Russian Federation independently requests from the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) households, information on the state registration of legal entities that are founders credit organization, and requests information from the tax authority about the fulfillment by the founders - legal entities of obligations to federal budget, budgets of the constituent entities of the Russian Federation and local budgets over the past three years. The credit institution has the right to submit documents containing the specified information on its own initiative.

The provisions of subparagraph 8 of part one of this article do not apply to the case of submitting documents for state registration of a non-bank credit organization that has the right to carry out money transfers without opening bank accounts and other banking operations related to them, and obtaining a license to carry out banking operations.

Article 15. The procedure for state registration of a credit organization and issuance of a license to carry out banking operations

Upon submission of the documents listed in Article 14 of this Federal Law, the Bank of Russia issues to the founders of the credit organization a written confirmation of receipt from them of the documents necessary for state registration of the credit organization and obtaining a license to carry out banking operations.

A decision on the state registration of a credit organization and the issuance of a license to carry out banking operations or a refusal to do so is made within a period not exceeding six months from the date of submission of all documents provided for by this Federal Law, and such a decision is made in relation to a non-bank credit organization that has the right to making money transfers without opening bank accounts and other banking operations related to them - within a period not exceeding three months.

After making a decision on the state registration of a credit organization, the Bank of Russia sends to the authorized registration body the information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.

Based on the specified decision adopted by the Bank of Russia and the necessary information and documents submitted by it, the authorized registration body, within a period of no more than five working days from the date of receipt of the necessary information and documents, makes a corresponding entry in the unified state register of legal entities and no later than the next working day after the day of making the corresponding entry, reports this to the Bank of Russia.

The Bank of Russia, no later than three working days from the date of receipt from the authorized registration body of information about the entry made in the unified state register of legal entities about the credit organization, notifies its founders about this with a requirement to pay 100 percent of the declared authorized capital of the credit organization within a month and issues a document to the founders , confirming the fact of making an entry about the credit organization in the unified state register of legal entities.

Failure to pay or incomplete payment of the authorized capital within the prescribed period is grounds for the Bank of Russia to apply to the court with a demand to liquidate the credit organization.

To pay for the authorized capital, the Bank of Russia opens a correspondent account with the Bank of Russia for a registered bank, and, if necessary, for a non-bank credit organization. Correspondent account details are indicated in the Bank of Russia notification on state registration of a credit organization and issuance of a license to carry out banking operations.

Upon presentation of documents confirming payment of 100 percent of the declared authorized capital of the credit organization, the Bank of Russia within three days issues the credit organization a license to carry out banking operations.

Part seven has been removed.

Article 16. Grounds for refusing state registration of a credit organization and issuing a license to carry out banking operations

Refusal to state register a credit organization and issue it a license to carry out banking operations is permitted only on the following grounds:

1) non-compliance of candidates proposed for the positions of head of a credit organization, chief accountant of a credit organization and his deputies with the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them. The non-compliance of candidates proposed for these positions with these qualification requirements means:

They do not have a higher legal or economic education and experience in managing a department or other division of a credit organization whose activities are related to banking operations, or lack two years of experience in managing such a department or division (for candidates for the positions of the sole executive body and chief accountant of a non-bank credit organization, having the right to carry out money transfers without opening bank accounts and other banking operations related to them - they do not have a higher professional education);

Having a criminal record for committing crimes in the economic sphere;

Commitment, within one year preceding the day of submission of documents to the Bank of Russia for state registration of a credit organization, of an administrative offense in the field of trade and finance, established by a resolution of the body authorized to consider cases of administrative offenses that has entered into legal force;

The presence, within two years preceding the day of submission of documents to the Bank of Russia for state registration of a credit organization, of facts of termination of an employment agreement (contract) with the specified persons at the initiative of the administration on the grounds provided for in paragraph 2 of Article 254 of the Labor Code of the Russian Federation;

Presentation, within three years preceding the day of submission of documents to the Bank of Russia for state registration of a credit organization, to the credit organization in which each of the specified candidates was in the position of head of the credit organization, a requirement to replace him as the head of the credit organization in the manner prescribed by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)";

Inconsistency of the business reputation of these candidates with the requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them;

Availability of other grounds established by federal laws;

2) the unsatisfactory financial position of the founders of the credit organization or their failure to fulfill their obligations to the federal budget, budgets of the constituent entities of the Russian Federation and local budgets over the past three years;

3) non-compliance of documents submitted to the Bank of Russia for state registration of a credit organization and obtaining a license to carry out banking operations with the requirements of federal laws and regulations of the Bank of Russia adopted in accordance with them;

4) non-compliance of the business reputation of candidates for the positions of members of the board of directors (supervisory board) with the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them, and whether they have a criminal record for committing a crime in the economic sphere.

The decision to refuse state registration of a credit organization and to issue it a license to carry out banking operations is communicated to the founders of the credit organization in writing and must be motivated.

Refusal to state register a credit organization and issue it a license to carry out banking operations, or failure of the Bank of Russia to make a corresponding decision within the prescribed period may be appealed to an arbitration court.

In accordance with this article, business reputation is understood as an assessment of the professional and other qualities of a person that allow him to occupy a corresponding position in the management bodies of a credit organization.

Article 17. State registration of a credit organization with foreign investment and branches of a foreign bank and issuing licenses to them to carry out banking operations

For state registration of a credit organization with foreign investments and a branch of a foreign bank and their receipt of a license to carry out banking operations, in addition to the documents specified in Article 14 of this Federal Law, the duly executed documents listed below are additionally submitted.

A foreign legal entity represents:

1) a decision on his participation in the creation of a credit organization on the territory of the Russian Federation or on the opening of a bank branch;
2) a document confirming the registration of a legal entity and balance sheets for the three previous years, confirmed by an audit report;
3) written consent of the relevant control body of the country of his residence to participate in the creation of a credit organization on the territory of the Russian Federation or to open a bank branch in cases where such permission is required by the legislation of the country of his residence.
A foreign individual provides confirmation from a first-class (according to international practice) foreign bank of the person's solvency.

Article 18. Additional requirements for the creation and operation of credit institutions with foreign investments and branches of foreign banks

The amount (quota) of foreign capital participation in the banking system of the Russian Federation is established by federal law at the proposal of the Government of the Russian Federation, agreed with the Bank of Russia. The specified quota is calculated as the ratio of the total capital, owned by non-residents in the authorized capital of credit institutions with foreign investments, and the capital of branches of foreign banks to the total authorized capital of credit institutions registered on the territory of the Russian Federation.

The Bank of Russia stops issuing licenses for banking operations to banks with foreign investments and branches of foreign banks when the established quota is reached.

The Bank of Russia has the right to impose a ban on increasing the authorized capital of a credit organization at the expense of non-residents and on the alienation of shares (stakes) in favor of non-residents if the result of this action is to exceed the quota for foreign capital participation in the banking system of the Russian Federation.

Part five is no longer valid.

The Bank of Russia has the right, in agreement with the Government of the Russian Federation, to establish restrictions on banking operations for credit institutions with foreign investments and branches of foreign banks if in the relevant foreign states restrictions on their creation and activities are applied to banks with Russian investments and branches of Russian banks.

The Bank of Russia has the right to establish, in the manner established by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", additional requirements for credit institutions with foreign investment and branches of foreign banks regarding the procedure for submitting reports, approving the composition of management and the list of banking operations carried out.

Article 19. Measures of the Bank of Russia applied by it in the order of supervision in case of violation by a credit organization of federal laws and regulations of the Bank of Russia

In case of violation of federal laws, regulations and instructions of the Bank of Russia, mandatory standards established by it, failure to provide information, provision of incomplete or unreliable information, failure to provide information to the credit history bureau in case of obtaining the consent of the subject of the credit history, as well as committing actions that create real threat interests of depositors and creditors, the Bank of Russia has the right, by way of supervision, to apply to a credit organization the measures established by the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”.

Article 20. Grounds for revocation of a credit organization’s license to carry out banking operations

The Bank of Russia may revoke a credit institution’s license to carry out banking operations in the following cases:

1) establishing the unreliability of the information on the basis of which the said license was issued;
2) delays in the commencement of banking operations provided for by this license for more than one year from the date of its issue;
3) establishing facts of significant unreliability of reporting data;
4) delays of more than 15 days in the submission of monthly reports (reporting documentation);
5) carrying out, including one-time, banking operations not provided for by the specified license;

6) failure to comply with federal laws regulating banking activities, as well as regulations of the Bank of Russia, if within one year the credit organization was repeatedly subject to measures provided for by the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”, as well as repeated violations during one year requirements, provided for in articles 6 and 7 (except for paragraph 3 of Article 7) of the Federal Law “On Combating Legalization (Laundering) of Proceeds from Crime”.

7) repeated, within one year, culpable failure to comply with the requirements contained in the enforcement documents of courts, arbitration courts for the collection of funds from the accounts (deposits) of clients of the credit institution if there are funds in the accounts (deposits) of these persons;

8) the presence of a petition from the temporary administration, if by the end of the period of activity of the said administration established by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions”, there are grounds for its appointment provided for by the said Federal Law;

9) repeated failure by the credit organization to submit, within the established period, to the Bank of Russia updated information necessary for making changes to the unified state register of legal entities, with the exception of information about received licenses;

10) failure of a credit organization that is a manager of mortgage coverage to comply with the requirements of the Federal Law “On Mortgage Securities” and the regulatory legal acts of the Russian Federation issued in accordance with it, as well as failure to eliminate violations within the established time frame, if within one year the credit organization was repeatedly subject to measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".

(In accordance with paragraph 1 of Article 18 of the Federal Law of July 27, 2010 N 224-FZ, which comes into force three years after the date of official publication, part one of Article 20 will be supplemented with paragraph 11 as follows:

"11) repeated violations within one year of the requirements of the Federal Law "On Countering misuse insider information and market manipulation and on amendments to certain legislative acts of the Russian Federation" and normative legal acts adopted in accordance with it, taking into account the features established by the said Federal Law.")

The Bank of Russia is obliged to revoke the license to carry out banking operations in the following cases:

1) if the capital adequacy of a credit institution falls below 2 percent.

If during the last 12 months preceding the moment when, in accordance with this article, the said license should 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 in accordance with which the capital adequacy of the credit institution is applied the organization reaches its maximum value;

2) if the amount of the credit institution’s own funds (capital) is lower minimum value authorized capital established on the date of state registration of the credit organization. The specified basis for revocation of a license to carry out banking operations does not apply to credit organizations during the first two years from the date of issue of the license to carry out banking operations;

3) if the credit organization does not comply within the time limit established by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions”, the requirements of the Bank of Russia to bring the amount of the authorized capital into conformity with the amount of its own funds (capital);

4) if the credit institution is unable to satisfy 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) execution. Moreover, these requirements in total must be at least 1000 times the minimum wage established by federal law;

5) if a bank, the amount of its own funds (capital) as of January 1, 2007 is equal to 180 million rubles or above this amount, for three months in a row allows the amount of its own funds (capital) to decrease below 180 million rubles, with the exception of a decrease due to a change in the methodology determining the amount of own funds (capital), and does not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit organization;

6) if a bank, the amount of its own funds (capital) as of January 1, 2007 is less than 180 million rubles, has not reached the amount of its own funds (capital) established by parts five and six of Article 11.2 of this Federal Law on the corresponding date, or if this bank is in for 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 a modified methodology for determining the amount of equity (capital) of the bank) to less than the larger of two values: the amount of equity (capital) achieved by it as of January 1, 2007 year, or the amount of own funds (capital) established by parts five and six 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 organization;

7) if a bank that, as of January 1, 2007, had its own funds (capital) in an amount equal to 180 million rubles or more, and allowed the amount of its own funds (capital) to decrease below the minimum amount established by Article 11.2 of this Federal Law due to a change in the methodology for determining the amount of own funds (capital), within 12 months did not reach the specified minimum amount of own funds (capital) and did not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit organization;

8) if a bank that had its own funds (capital) in the amount of less than 180 million rubles as of January 1, 2007 and allowed a decrease in the amount of its own funds (capital) compared to the level reached on January 1, 2007 or established on the corresponding date by parts five and sixth article 11.2 of this Federal Law, due to the application of the modified methodology for determining the amount of equity capital (capital) of the bank, within 12 months did not reach the greater of two values: the amount of equity funds (capital) it had as of January 1, 2007, or the amount of its own funds (capital) established as of the relevant date by parts five and six of Article 11.2 of this Federal Law, and did not submit a petition to the Bank of Russia to change its status to that of a non-bank credit organization.

In the cases provided for in part two of this article, the Bank of Russia revokes a credit organization’s license to carry out banking operations within 15 days from the date the Bank of Russia bodies responsible for revoking the said license receive reliable information about the existence of grounds for revoking this license from the credit organization.

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

The decision of the Bank of Russia to revoke a credit organization’s license to carry out banking operations comes into force on the date of adoption of the corresponding act of the Bank of Russia and can be appealed within 30 days from the date of publication of the message about the revocation of the license to carry out banking operations in the Vestnik of the Bank of Russia. 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, do not suspend the validity of the said decision of the Bank of Russia.

A message about the revocation of a credit institution's license to carry out banking operations is published by the Bank of Russia in the official publication of the Bank of Russia "Bulletin of the Bank of Russia" within a week from the date of adoption of the corresponding decision.

After the revocation of a credit organization’s license to carry out banking operations, the credit organization must be liquidated in accordance with the requirements of Article 23.1 of this Federal Law, and if it is declared bankrupt, in accordance with the requirements of the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions.”

After the revocation of a credit institution’s license to carry out banking operations, the Bank of Russia:

No later than the working day following the day of revocation of the said license, appoints a temporary administration to the credit organization in accordance with the requirements of the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions”;
performs the actions provided for in Article 23.1 of this Federal Law.

From the moment of revocation of a credit institution’s license to carry out banking operations:

1) the deadline for the fulfillment of the obligations of the credit organization that arose before the day of revocation of the license to carry out banking operations is considered to have arrived.

At the same time the size monetary obligations and obligations to pay mandatory payments to a credit organization, expressed in foreign currency, are determined in rubles at the rate established by the Bank of Russia on the day of revocation of the credit organization’s license to carry out banking operations;

2) the accrual of interest and financial sanctions provided for by federal law or agreement on all types of debt of the credit organization is stopped, with the exception of financial sanctions for the credit organization’s failure to fulfill or improper fulfillment of its current obligations;

3) execution is suspended executive documents on property collections, forced execution of other documents, collection of which is carried out in an indisputable manner, is not allowed, with the exception of the execution of executive documents on debt collection under the current obligations of a credit institution;

4) until the date of entry into force of the decision of the arbitration court to declare a credit organization insolvent (bankrupt) or to liquidate a credit organization, it is prohibited:

Conducting transactions with the property of a credit organization, including the fulfillment of obligations by the credit organization, with the exception of transactions related to the current obligations of the credit organization, determined in accordance with this article;
fulfillment of the obligation to pay mandatory payments that arose before the day the credit institution’s license to carry out banking operations was revoked;
termination of obligations to a credit institution by offsetting similar counterclaims;

5) the acceptance and making of payments through correspondent accounts of the credit organization to the accounts of the credit organization’s clients (individuals and legal entities) is stopped. Credit organizations and institutions of the Bank of Russia return payments received after the day of revocation of the license to carry out banking operations in favor of clients of the credit organization to the accounts of payers in sending banks.

Current liabilities of a credit institution mean:

1) obligations to pay expenses associated with the continuation of the activities of the credit institution (including utility, rental and operating payments, expenses for communication services, ensuring the safety of property), expenses for performing the functions of the temporary administration appointed by the Bank of Russia to manage the credit institution, payment labor of persons working in employment contract, payment of severance pay to these persons in the event of their dismissal, as well as other expenses associated with the liquidation of the credit institution after the day of revocation of the license to carry out banking operations;

2) obligations to pay mandatory payments that arose from the date of revocation of the license to carry out banking operations;

3) obligations to transfer amounts of money withheld from wages(alimony, personal income tax, trade union and insurance dues and other payments imposed on the employer in accordance with federal laws) paid to employees of a credit organization in accordance with federal laws.

Payment of expenses associated with the fulfillment of the current obligations of a credit institution is made by the temporary administration appointed by the Bank of Russia to manage the credit institution on the basis of an estimate of expenses approved by the Bank of Russia.

In the period after the day of revocation of the license to carry out banking operations and before the day the decision of the arbitration court on declaring a credit organization insolvent (bankrupt) or on its liquidation enters into force, the credit organization has the right:

1) collect and receive debt, including for previously issued loans, return advance payments previously made by the credit institution, receive funds from the redemption of securities and income from securities owned by the credit institution;

2) return property of a credit institution located in the possession of third parties;

3) receive income from previously conducted banking operations and concluded transactions, as well as from operations related to the professional activities of this credit institution in the securities market;

4) carry out, in agreement with the Bank of Russia, the return of funds erroneously credited to the correspondent account or correspondent sub-account of the credit organization. The procedure for agreeing on the return of erroneously credited funds is established by regulations of the Bank of Russia;

5) return to clients of the credit organization securities or other property that were accepted by the credit organization for storage and (or) accounting under agreements trust management or other agreements related to the credit organization’s professional activities in the securities market, with this reflected in the relevant accounts or securities accounts;

6) carry out other actions to perform the functions of the temporary administration appointed by the Bank of Russia to manage the credit organization, provided for by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions” and the regulations of the Bank of Russia adopted in accordance with it.

Article 21. Consideration of disputes with the participation of a credit organization

Decisions and actions (inaction) of the Bank of Russia or its officials may be appealed by a credit organization to a court or arbitration court in the manner established by federal laws.

A credit institution has the right to contact the Bank of Russia with requests and statements in connection with decisions and actions (inaction) of the Bank of Russia, to which the Bank of Russia is obliged to respond within a month on the substance of the issues raised therein.

Disputes between a credit institution and its clients (individuals and legal entities) are resolved in the manner prescribed by federal laws.

Article 22. Branches, representative offices and internal structural divisions of a credit organization

A branch of a credit institution is its separate division located outside the location of the credit institution and carrying out on its behalf all or part of the banking operations provided for by the Bank of Russia license issued to the credit institution.

A representative office of a credit organization is its separate division, located outside the location of the credit organization, representing its interests and protecting them. A representative office of a credit institution does not have the right to carry out banking operations.

Branches and representative offices of a credit organization are not legal entities and carry out their activities on the basis of regulations approved by the credit organization that created them.

The heads of branches and representative offices are appointed by the head of the credit organization that created them and act on the basis of a power of attorney issued to them in the prescribed manner.

A credit organization opens branches and representative offices on the territory of the Russian Federation from the moment of notification of the Bank of Russia. The notice shall indicate the postal address of the branch (representative office), its powers and functions, information about its managers, the scale and nature of the planned operations, as well as its seal and sample signatures of its managers.

Part six is ​​no longer valid.

Branches of a credit organization with foreign investments on the territory of the Russian Federation are registered by the Bank of Russia in the manner established by it.

An internal structural unit of a credit organization (its branch) is its (his) unit located outside the location of the credit organization (its branch) and carrying out banking operations on its behalf, the list of which is established by regulations of the Bank of Russia, within the framework of the Bank of Russia license issued to the credit institution. organization (regulations on a branch of a credit organization).

Credit organizations (their branches) have the right to open internal structural divisions outside the locations of credit organizations (their branches) in the forms and procedures established by the regulations of the Bank of Russia.

The authority of a branch of a credit institution to make a decision on opening an internal structural unit must be provided for by the regulations on the branch of the credit organization.

Article 23. Liquidation or reorganization of a credit organization

Liquidation or reorganization of a credit organization is carried out in accordance with federal laws, taking into account the requirements of this Federal Law. At the same time, state registration of a credit organization in connection with its liquidation and state registration of a credit organization created through its reorganization are carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the specifics established by this Federal Law and adopted in accordance with the regulations of the Bank of Russia. Information and documents necessary for state registration of a credit organization in connection with its liquidation and state registration of a credit organization created through reorganization are submitted to the Bank of Russia. The list of specified information and documents, as well as the procedure for their presentation, is determined by the Bank of Russia.

After making a decision on the state registration of a credit organization in connection with its liquidation or the state registration of a credit organization created through its reorganization, the Bank of Russia sends to the authorized registration body the information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.

Based on the specified decision adopted by the Bank of Russia and the necessary information and documents submitted by it, the authorized registration body, within five working days from the date of receipt of the necessary information and documents, makes a corresponding entry in the unified state register of legal entities and no later than the working day following the day of entry corresponding entry, reports this to the Bank of Russia.

Interaction between the Bank of Russia and the authorized registration body on the issue of state registration of a credit organization in connection with its liquidation or on state registration of a credit organization created through reorganization is carried out in the manner agreed upon by the Bank of Russia with the authorized registration body.

A written notice of the commencement of the procedure for reorganizing a credit organization with an attachment of a decision on the reorganization of a credit organization is sent by the credit organization to the Bank of Russia within three working days after the date of adoption of the said decision. If two or more credit organizations participate in the reorganization, such notification is sent by the credit organization that was the last to make a decision on the reorganization of the credit organization or determined by the specified decision. The Bank of Russia publishes this notice on its official website on the Internet information and telecommunications network and no later than one business day from the date of receipt of this notice from the credit organization sends to the authorized registration body information about the start of the reorganization procedure of the credit organization (credit organizations) with the attachment of the specified a decision on the basis of which the specified body makes an entry in the unified state register of legal entities that the credit organization (credit organizations) is (are) in the process of reorganization.

State registration of a credit organization in connection with its liquidation is carried out within 45 working days from the date of submission to the Bank of Russia of all documents drawn up in the prescribed manner.

State registration of a credit organization created through reorganization, if no decision is made to refuse such registration, is carried out within six months from the date of submission to the Bank of Russia of all documents drawn up in the prescribed manner.

The Bank of Russia has the right to prohibit the reorganization of a credit organization if, as a result of its implementation, grounds arise for the application of measures to prevent insolvency (bankruptcy), provided for by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions.”

If the activities of a credit organization are terminated based on a decision of its founders (participants), the Bank of Russia, at the request of the credit organization, makes a decision to revoke the license to carry out banking operations. The procedure for submitting this application by a credit institution is regulated by regulations of the Bank of Russia.

If, after the decision of the founders (participants) of a credit organization on its liquidation, the Bank of Russia, on the basis of Article 20 of this Federal Law, decides to revoke its license to carry out banking operations, the decision of the founders (participants) of the credit organization on its liquidation and other related decisions of the founders (participants) of the credit organization or the decisions of the liquidation commission (liquidator) appointed by the founders (participants) of the credit organization lose legal force. A credit organization is subject to liquidation in the manner provided for in Article 23.1 of this Federal Law.

In the event of cancellation or revocation of a license to carry out banking operations, the credit institution returns the said license to the Bank of Russia within 15 days from the date of such decision.

The founders (participants) of a credit organization, who have decided to liquidate it, appoint a liquidation commission (liquidator), approve the interim liquidation balance sheet and the liquidation balance sheet of the credit organization in agreement with the Bank of Russia.

The liquidation of a credit organization is considered completed, and the credit organization has ceased its activities, after the authorized registration body has made a corresponding entry in the unified state register of legal entities.

Article 23.1. Liquidation of a credit institution on the initiative of the Bank of Russia (forced liquidation)

The Bank of Russia, within 15 days from the date of revocation of a credit organization’s license to carry out banking operations, is obliged to apply to the arbitration court with a demand for the liquidation of the credit organization (hereinafter referred to as the Bank of Russia application for the forced liquidation of the credit organization), except if by the day of revocation of the said license, the credit organization has signs of insolvency (bankruptcy) provided for by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions”.

If, by the day of revocation of the license to carry out banking operations, the credit organization has signs of insolvency (bankruptcy), provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", or the presence of these signs is established by the temporary administration appointed by the Bank of Russia to manage the credit organization after the day of revocation credit organization with the specified license, the Bank of Russia applies to the arbitration court with an application to declare the credit organization insolvent (bankrupt) in the manner established by the Federal Law “On the Insolvency (Bankruptcy) of Credit Organizations.”

The Arbitration Court considers the application of the Bank of Russia for the forced liquidation of a credit organization in accordance with the rules established by the Arbitration Procedural Code of the Russian Federation, and taking into account the specifics established by this Federal Law. The application of the Bank of Russia for the forced liquidation of a credit organization is considered by the arbitration court within a period not exceeding one month from the date of filing the said application.

The arbitration court makes a decision on the liquidation of a credit organization and the appointment of a liquidator of the credit organization if it is not established that there are signs of insolvency (bankruptcy) of the credit organization on the day of revocation of its license to carry out banking operations. When considering the application of the Bank of Russia for the forced liquidation of a credit organization, a preliminary court hearing provided for by the Arbitration Procedural Code of the Russian Federation is not held.

The arbitration court sends the decision on liquidation of the credit organization to the Bank of Russia and the authorized registration body, which makes an entry in the unified state register of legal entities that the credit organization is in the process of liquidation.

Article 23.2. Liquidator of a credit organization

The nomination of a liquidator of a credit organization to the arbitration court and the approval of this candidacy by the arbitration court are carried out in the manner prescribed by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions” for the nomination and approval of a bankruptcy manager of a credit organization.

The liquidator of a credit organization that had a license from the Bank of Russia to attract deposits from individuals is the Deposit Insurance Agency.

As the liquidator of a credit organization that did not have a license from the Bank of Russia to attract deposits from individuals, the arbitration court approves an arbitration manager who meets the requirements of the Federal Law “On Insolvency (Bankruptcy)” and is accredited with the Bank of Russia as a bankruptcy trustee in the bankruptcy of credit organizations.

The liquidator of a credit organization begins to exercise his powers from the date of entry into force of the decision of the arbitration court on the liquidation of the credit organization and the appointment of a liquidator of the credit organization and acts until the day the entry on the liquidation of the credit organization is made in the Unified State Register of Legal Entities.

The liquidator of a credit organization in the process of liquidating a credit organization is obliged to act in good faith and reasonably and take into account the rights and legitimate interests of the creditors of the credit organization, society and the state. The liquidator of a credit organization in the process of liquidating a credit organization has the rights and performs the duties provided for by this Federal Law, and in the part not regulated by it - by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions” for the bankruptcy trustee of the credit organization.

The release or removal of the liquidator of a credit organization from office is carried out in the manner prescribed by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions” for bankruptcy proceedings.

Article 23.3. Consequences of a decision by an arbitration court to liquidate a credit organization

The decision of the arbitration court to liquidate a credit organization comes into force from the date of its adoption. An appeal against an arbitration court decision to liquidate a credit organization does not suspend its execution.

From the day the decision of the arbitration court on the liquidation of a credit organization enters into legal force, the consequences provided for by the Federal Law “On the Insolvency (Bankruptcy) of Credit Organizations” come into effect for the case of declaring a credit organization insolvent (bankrupt).

Article 23.4. Regulation of liquidation procedures of a credit organization

Liquidation of a credit organization is carried out in the manner and in accordance with the procedures provided for by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions” for bankruptcy proceedings, with the specifics established by this Federal Law.
Creditors of a liquidated credit organization have the rights provided for by this Federal Law, and in the part not regulated by it - by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions”. The liquidator of a credit organization is obliged to hold the first meeting of creditors of the liquidated credit organization no later than 60 days after the end of the period established for presenting creditors' claims.

Control over the activities of the liquidator of a credit organization, the procedure for submitting reports to the Bank of Russia, as well as inspections by the Bank of Russia of the activities of the liquidator of a credit organization are carried out in the manner prescribed by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions” for bankruptcy proceedings.

After the expiration of the period established for presenting claims of creditors of the credit organization, the liquidator of the credit organization draws up an interim liquidation balance sheet, which must contain information about the composition of the property of the credit organization being liquidated, a list of claims of creditors of the credit organization, as well as the results of their consideration. The interim liquidation balance sheet is considered at a meeting of creditors and (or) a meeting of the committee of creditors of a credit institution and, after such consideration, is subject to approval by the Bank of Russia.

Satisfaction of the claims of creditors of a credit organization is carried out in accordance with the interim liquidation balance sheet, starting from the date of its approval by the Bank of Russia and in the order of priority provided for by the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions”.

The procedure for performing transactions with the property of a credit organization that is not included in the bankruptcy estate in accordance with the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions” in the event of the insolvency (bankruptcy) of a credit organization is determined by the said Federal Law.

If the funds available to a credit organization are insufficient to satisfy the claims of the credit organization's creditors, the liquidator of the credit organization shall sell the credit organization's property in the manner established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions."

The period for liquidation of a credit organization cannot exceed 12 months from the date of entry into force of the decision of the arbitration court on the liquidation of the credit organization. This period may be extended by the arbitration court upon a justified request of the liquidator of the credit organization.

If during the liquidation procedure of a credit organization it is revealed that the value of the property of the credit organization in respect of which the decision to liquidate was made is insufficient to satisfy the claims of the credit organization's creditors, the liquidator of the credit organization is obliged to send to the arbitration court an application to declare the credit organization insolvent (bankrupt).

A report on the results of the liquidation of a credit organization with the attachment of a liquidation balance sheet is heard at a meeting of creditors or a meeting of the committee of creditors of the credit organization and approved by the arbitration court in the manner prescribed by the Federal Law “On Insolvency (Bankruptcy)”.

The ruling of the arbitration court on approval of the report of the liquidator of the credit organization on the results of liquidation and completion of the liquidation of the credit organization, the liquidator of the credit organization is obliged to submit to the Bank of Russia with the attachment of documents provided for by the regulations of the Bank of Russia for the state registration of the credit organization in connection with its liquidation, within ten days from the day such a determination is made.

Article 23.5. Features of reorganization of a credit organization in the form of merger, accession and transformation

No later than 30 days from the date of the decision to reorganize the credit institution, the credit institution is obliged to post information about this on its official website on the Internet and notify its creditors about this decision in one of the following ways:

1) by sending each creditor a written notice (by post with return receipt requested) and publishing a message about the decision made in a printed publication intended for publishing information on state registration of legal entities;

2) by publishing a message about the decision made in a printed publication intended for the publication of information on state registration of legal entities, as well as in one of the printed publications intended for the publication of regulatory legal acts of public authorities of the constituent entity of the Russian Federation on the territory of which the branch (branches) is located ) of this credit institution.

The specified notification (message) must contain information:

1) on the form of reorganization, the procedure and timing of its implementation;

2) in the case of reorganization in the form of merger and transformation - about the intended organizational and legal form, the intended location of the credit institution created as a result of the reorganization and the list of banking operations that it intends to carry out;

3) in the case of reorganization in the form of merger - about the organizational and legal form, about the location of the credit organization to which the merger is being carried out, and about the list of banking operations that such credit organization carries out and intends to carry out;

The procedure for notifying creditors of the decision to reorganize a credit organization is determined by the general meeting of participants (shareholders) or the board of directors (supervisory board) of the credit organization, if the charter of the credit organization places the decision on this issue within its competence, and is brought to the attention of creditors by posting relevant information in places available to them in the credit institution and in all its divisions. At the request of the interested person, the credit institution is obliged to provide him with a copy of the said decision. The fee charged by a credit institution for providing such a copy cannot exceed the cost of its production.

The state registration of a credit organization created as a result of the reorganization and the entry into the unified state register of legal entities of entries on the termination of the activities of the reorganized credit organizations are carried out if there is evidence of notification of creditors in the manner established by this article.

A creditor of a credit organization - an individual, in connection with the reorganization of a credit organization, has the right to demand early fulfillment of the corresponding obligation, and if early fulfillment is impossible, termination of the obligation and compensation for losses, if such an obligation arose before the date:

1) receipt by him of a written notification (in the case of using the method of notifying creditors specified in paragraph 1 of part one of this article);

2) publication by the credit organization in a printed publication intended for publishing information on the state registration of legal entities, a message about the decision made to reorganize the credit organization (in the case of using the method of notifying creditors specified in paragraph 2 of part one of this article).

A creditor of a credit organization - a legal entity, in connection with the reorganization of a credit organization, has the right to demand early fulfillment or termination of the corresponding obligation and compensation for losses, if such a right of claim is granted to the legal entity in accordance with the terms of the agreement concluded with the credit organization.

The above requirements are sent by the creditors of the credit organization in writing within 30 days from the date the creditor receives the notification or within 30 days from the date the credit organization publishes in a printed publication intended for publishing information on the state registration of legal entities, a message about the decision made to reorganize the credit organizations.

From the date of the decision on the reorganization of the credit organization until the date of its completion, a credit organization is obliged to disclose information about significant facts (events, actions) affecting the financial and economic activities of the credit organization. For the purposes of this Federal Law, such facts (events, actions) are understood as:

1) reorganization of a credit institution, its subsidiaries and dependent companies;

2) the occurrence of facts that resulted in a one-time increase or decrease in the value of the credit organization’s assets by more than 10 percent, facts that resulted in a one-time increase net profit or net losses of a credit organization by more than 10 percent, the credit organization making one-time transactions, the size of which or the value of the property for which amounts to 10 percent or more of the assets of the credit organization as of the date of the transaction;

3) acquisition by a person of at least 5 percent ordinary shares credit organization (at least 5 percent of shares in the authorized capital of the credit organization), as well as any change as a result of which the size of such shares (shares) owned by this person became more or less 5, 10, 15, 20, 25, 30, 50 or 75 percent of the issued ordinary shares of a credit organization (stakes in the authorized capital of a credit organization);

4) information about solutions general meetings shareholders (participants) of a credit institution;

5) information on accrued and (or) paid income on issue-grade securities of a credit organization created in the form of a joint-stock company (on part of the net profit of a credit organization created in the form of a company with limited liability or a company with additional liability distributed among its participants);

6) sending to the owners of securities of a credit organization created in the form of an open joint-stock company, in accordance with Chapter XI.1 of the Federal Law of December 26, 1995 N 208-FZ “On joint stock companies"voluntary or mandatory offer(including a competing offer) on the acquisition of shares, as well as other issue-grade securities convertible into shares, or notification of the right to demand the redemption of securities or a demand for the redemption of securities.

Disclosure of information about significant facts (events, actions) affecting the financial and economic activities of a credit organization is carried out by publishing it in the printed publication specified in the credit organization’s message about the decision made to reorganize the credit organization. Such publication is carried out within a period not exceeding five days from the date of occurrence of the specified facts (events, actions).

A credit institution is obliged to post information about material facts (events, actions) also on its official website on the Internet information and telecommunications network within a period not exceeding three days from the date of occurrence of these facts (events, actions).

The provisions of this article also apply when reorganizing a credit organization at the request of the Bank of Russia in cases established by federal laws.

Chapter III. Ensuring the stability of the banking system, protecting the rights and interests of depositors and creditors of credit institutions

Article 24. Security financial reliability credit organization

In order to ensure financial reliability, a credit institution is obliged to create reserves (funds), including for the depreciation of securities, the procedure for the formation and use of which is established by the Bank of Russia. The minimum amounts of reserves (funds) are established by the Bank of Russia. The amount of contributions to reserves (funds) from pre-tax profits is established by federal tax laws.

A credit institution is obliged to classify assets, distinguishing doubtful and bad debts, and create reserves (funds) to cover possible losses in the manner established by the Bank of Russia.

A credit institution is obliged to comply with mandatory standards established in accordance with the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”. The numerical values ​​of mandatory ratios are established by the Bank of Russia in accordance with the specified Federal Law.

A credit institution is obliged to organize internal control to ensure an appropriate level of reliability corresponding to the nature and scale of its operations.

Upon dismissal from office, the sole executive body of a credit organization is obliged to transfer the property and documents of the credit organization to a person from among its managers. If such a person is absent at the time of dismissal from the position of the sole executive body, he is obliged to ensure the safety of the property and documents of the credit institution, notifying the Bank of Russia of the measures taken.

Article 25. Bank's required reserve ratio

The bank is obliged to comply with the standard of required reserves deposited with the Bank of Russia, including the terms, volumes and types of funds raised. The procedure for depositing required reserves is determined by the Bank of Russia in accordance with the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”.

The bank is required to have an account with the Bank of Russia for storing required reserves. The procedure for opening the said account and carrying out transactions on it is established by the Bank of Russia.

Article 26. Bank secrecy

A credit organization, the Bank of Russia, an organization performing the functions of compulsory deposit insurance, guarantee the secrecy of transactions, accounts and deposits of their clients and correspondents. All employees of a credit institution are required to keep secret the transactions, accounts and deposits of its clients and correspondents, as well as other information established by the credit institution, unless this contradicts federal law.

Certificates on transactions and accounts of legal entities and citizens carrying out entrepreneurial activity without forming a legal entity, issued by a credit organization to itself, to courts and arbitration courts (judges), to the Accounts Chamber of the Russian Federation, tax authorities, customs authorities Russian Federation, the federal executive body in the region financial markets, Pension Fund Russian Federation, Foundation social insurance Russian Federation and authorities enforcement judicial acts, acts of other bodies and officials in cases provided for by legislative acts on their activities, and with the consent of the head of the investigative body - to the preliminary investigation bodies in cases in their proceedings.

In accordance with the legislation of the Russian Federation, certificates of transactions and accounts of legal entities and citizens carrying out entrepreneurial activities without forming a legal entity are issued by a credit organization to internal affairs bodies when they carry out their functions of identifying, preventing and suppressing tax crimes.

Certificates on accounts and deposits of individuals are issued by the credit institution to them, to the courts, to the enforcement authorities of judicial acts, acts of other bodies and officials, to the organization performing the functions of compulsory deposit insurance, upon the occurrence of insured events provided for by the federal law on insurance of deposits of individuals in banks of the Russian Federation, and with the consent of the head of the investigative body - to the preliminary investigation bodies in cases under their investigation.

Certificates on accounts and deposits in the event of the death of their owners are issued by the credit organization to the persons indicated by the owner of the account or deposit in the testamentary disposition made by the credit organization, notary offices for inheritance cases in their proceedings on the deposits of deceased depositors, and in relation to the accounts of foreign citizens - foreign consular offices institutions.

Information on transactions of legal entities, citizens carrying out entrepreneurial activities without forming a legal entity, and individuals is provided by credit institutions in authorized body implementing measures to combat the legalization (laundering) of proceeds from crime, in the cases, procedure and scope that are provided for by the Federal Law “On Combating Legalization (Laundering) of Proceeds from Crime”.

The Bank of Russia, an organization performing the functions of compulsory deposit insurance, does not have the right to disclose information about accounts, deposits, as well as information about specific transactions and operations from the reports of credit institutions, received by it as a result of the execution of licensing, supervisory and control functions, except as provided by federal laws.

Auditing organizations do not have the right to disclose to third parties information about transactions, accounts and deposits of credit institutions, their clients and correspondents, obtained during their audits, except in cases provided for by federal laws.

The authorized body implementing measures to combat the legalization (laundering) of proceeds from crime does not have the right to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Combating Legalization (Laundering) of Proceeds from Crime", except in cases provided for by the said Federal Law. The federal executive body in the field of financial markets does not have the right to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Combating the Misuse of Insider Information and Market Manipulation and on Amendments to Certain Legislative Acts of the Russian Federation", except in cases provided for by the said Federal Law.

For disclosure of bank secrets, the Bank of Russia, an organization performing the functions of compulsory deposit insurance, credit, audit and other organizations, an authorized body implementing measures to combat the legalization (laundering) of proceeds from crime, a currency control body authorized by the Government of the Russian Federation, and currency control agents, as well as their officials and their employees bear liability, including compensation for damages, in the manner prescribed by federal law.

An organization performing the functions of compulsory deposit insurance does not have the right to disclose to third parties information received in accordance with the federal law on insurance of deposits of individuals in banks of the Russian Federation.

Information on transactions of legal entities, citizens carrying out business activities without forming a legal entity, and individuals, with their consent, is provided by credit institutions for the purpose of forming credit histories in the credit history bureau in the manner and on the terms provided for by the agreement concluded with the credit history bureau in accordance with with the Federal Law “On Credit Histories”.

Bank payment agents guarantee secrecy about transactions on accounts and about the accounts of individuals whose payments they accept in accordance with Article 13.1 of this Federal Law.

(In accordance with Federal Law dated June 27, 2011 N 162-FZ, after one year after the date of official publication, part thirteen of Article 26 will be stated in a new wording:

"Payment system operators do not have the right to disclose to third parties information about transactions and accounts of payment system participants and their clients, except in cases provided for by federal laws.")

Documents and information related to the conduct foreign exchange transactions, opening and maintaining accounts and provided for by the Federal Law "On currency regulation And exchange control", are provided by credit institutions to the currency control body authorized by the Government of the Russian Federation, tax authorities and customs authorities as currency control agents in the cases, procedure and volume that are provided for by the specified Federal Law.

Currency control authorities and currency control agents do not have the right to disclose to third parties information received from credit institutions in accordance with the Federal Law “On Currency Regulation and Currency Control,” except in cases provided for by federal laws.

Information on trading and clearing accounts of legal entities and on transactions on these accounts is provided by credit institutions to the federal executive body in the field of financial markets in the manner prescribed by the Federal Law “On Clearing and Clearing Activities”.

The federal executive body in the field of financial markets does not have the right to disclose to third parties information received in accordance with the Federal Law “On Clearing and Clearing Activities”.

Operations centers, payment clearing centers does not have the right to disclose to third parties information about transactions and accounts of payment system participants and their clients, obtained in the provision of operational services, clearing services to participants payment system, with the exception of the transfer of information within the payment system, as well as cases provided for by federal laws.

The provisions of this article apply to information about transactions of clients of credit institutions carried out by bank payment agents (subagents).

The provisions of this article also apply to information about the balances of electronic money of clients of credit institutions and information about transfers of electronic money by credit institutions on the orders of their clients.

Article 27. Seizure and foreclosure of funds and other valuables located in a credit institution

Cash and other valuables of legal entities and individuals located in accounts and deposits or deposited in a credit institution, as well as the balance of electronic funds, may be seized only by a court and arbitration court, a judge, as well as by resolution of the authorities preliminary investigation in the presence of a court decision.

When seizing funds in accounts and deposits, or the balance of electronic funds, the credit institution immediately upon receipt of the decision to seize stops debit transactions this account(deposit), as well as transfer of electronic funds within the amount of the balance of electronic funds that have been seized.

Collection of funds and other valuables of individuals and legal entities located in accounts and deposits or stored in a credit institution, as well as the balance of electronic funds, can be applied only on the basis of enforcement documents in accordance with the legislation of the Russian Federation.

The credit organization and the Bank of Russia are not liable for damage caused as a result of the seizure or foreclosure of funds and other valuables of their clients, except in cases provided for by law.

Confiscation of funds and other valuables may be carried out on the basis of a court verdict that has entered into legal force.

Chapter IV. Interbank relations and customer service

Article 28. Interbank transactions

(In accordance with Federal Law dated June 27, 2011 N 162-FZ, after one year after the date of official publication, the words “settlement centers created in the prescribed manner” will be excluded.)

Credit organizations on a contractual basis can attract and place funds with each other in the form of deposits, loans, carry out settlements through settlement centers created in the prescribed manner and correspondent accounts opened with each other, and carry out other mutual operations provided for by licenses issued Bank of Russia.

The credit institution reports monthly to the Bank of Russia about newly opened correspondent accounts in the Russian Federation and abroad.

Credit institutions establish correspondent relationships with foreign banks registered in the territories of offshore zones of foreign states, in the manner determined by the Bank of Russia.

Correspondent relations between a credit institution and the Bank of Russia are carried out on a contractual basis.

Funds are written off from the accounts of a credit organization by its order or with its consent, except for cases provided for by federal law.

If there is a lack of funds to provide loans to customers and fulfill its obligations, a credit institution may apply for loans from the Bank of Russia on the terms determined by it.

(In accordance with Federal Law dated June 27, 2011 N 162-FZ, after one year after the date of official publication, Article 28 will be supplemented with part seven as follows:

"Credit organizations have the right to carry out money transfers within the framework of payment systems that comply with the requirements of the Federal Law "On the National Payment System.")

Article 29. Interest rates on loans, deposits (deposits) and commissions on operations of a credit institution

Interest rates on loans and (or) the procedure for determining them, including determining the interest rate on a loan depending on changes in the conditions provided for in the loan agreement, interest rates for deposits and commission fees for transactions are established by the credit institution by agreement with clients, unless otherwise provided by federal law.

A credit organization does not have the right to unilaterally change interest rates on loans and (or) the procedure for determining them, interest rates on deposits, commission fees and the validity periods of these agreements with clients - individual entrepreneurs and legal entities, except for cases provided for by federal law or an agreement with the client.

Under a bank deposit agreement made by a citizen on the terms of its issuance after a certain period or upon the occurrence of circumstances stipulated by the agreement, the bank cannot unilaterally shorten the validity period of this agreement, reduce the amount of interest, increase or establish commission fees for transactions, with the exception of cases provided for by federal law.

Under a loan agreement concluded with a citizen borrower, a credit institution cannot unilaterally shorten the term of this agreement, increase the amount of interest and (or) change the procedure for determining it, increase or establish commission fees for transactions, except for cases provided for by federal law .

The credit organization that owns the ATM is obliged to inform the holder payment card until he makes payments using a payment card, transmits orders from a credit organization to make payments on his bank accounts using ATMs belonging to this credit organization, a warning message displayed on the ATM screen about the amount of commission established by the credit organization - the owner of the ATM and charged by it for carrying out these operations in addition to the remuneration established by the agreement between the credit institution that issued the payment card and the holder of this card, or the absence of such remuneration, and also reflect, based on the results of these operations, information on the commission fee of the credit institution - the owner of the ATM in case of collection of such a fee on an ATM receipt or in the absence of such a fee.

Article 30. Relations between the Bank of Russia, credit institutions, their clients and credit history bureaus

Relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of agreements, unless otherwise provided by federal law.

The agreement must indicate interest rates on loans and deposits, the cost of banking services and the timing of their implementation, including the processing time of payment documents, the property liability of the parties for violations of the agreement, including liability for violation of obligations regarding the timing of payments, as well as the procedure for its termination and other essential terms of the contract.

Clients have the right to open the number of settlement, deposit and other accounts they need in any currency in banks with their consent, unless otherwise provided by federal law.

The procedure for opening, maintaining and closing client accounts in rubles and foreign currency by the bank is established by the Bank of Russia in accordance with federal laws.

Participants in a credit organization do not have any advantages when considering the issue of obtaining a loan or providing them with other banking services, unless otherwise provided by federal law.

A credit organization is obliged, in the manner prescribed by the Federal Law “On Credit Histories,” to submit all available information necessary for the formation of credit histories in relation to all borrowers who have agreed to its submission to at least one credit history bureau included in the state bureau register credit histories.

A credit institution, before concluding a loan agreement with an individual borrower and before changing the terms of the loan agreement with the specified borrower, entailing a change full cost loan, is obliged to provide the borrower - an individual with information about the full cost of the loan, as well as the list and amounts of payments of the borrower - an individual associated with his failure to comply with the terms of the loan agreement.

The credit organization is obliged to determine in the loan agreement the full cost of the loan provided to the borrower - an individual, as well as indicate the list and amounts of payments of the borrower - an individual related to his failure to comply with the terms of the loan agreement.

The calculation of the full cost of the loan must include payments by the borrower - an individual under the loan related to the conclusion and execution of the loan agreement, including payments by the specified borrower in favor of third parties if the obligation of this borrower for such payments arises from the terms of the loan agreement, in which such third parties are identified.

If the full cost of the loan cannot be determined before concluding a loan agreement with the borrower - an individual and before changing the terms of the loan agreement, entailing a change in the full cost of the loan, since loan agreement assumes various sizes payments of the specified borrower on the loan, depending on his decision, then the credit institution is obliged to provide the borrower - an individual with information about the full cost of the loan, determined based on the maximum possible loan amount and loan term.

The calculation of the full cost of the loan does not include payments by the individual borrower on the loan related to his failure to comply with the terms of the loan agreement.

The full cost of the loan is calculated by the credit institution and communicated by it to the borrower - an individual in the manner established by the Bank of Russia.

Article 31. Carrying out settlements by a credit organization

The credit institution carries out settlements according to the rules, forms and standards established by the Bank of Russia; in the absence of rules individual species settlements - by mutual agreement; when making international payments - in the manner established by federal laws and rules adopted in international banking practice.

The credit institution and the Bank of Russia are obliged to transfer the client’s funds and credit funds to his account no later than the next trading day after receiving the corresponding payment document, unless otherwise established by federal law, agreement or payment document.

In case of untimely or incorrect crediting of funds to or debiting from the client’s account, the credit institution and the Bank of Russia pay interest on the amount of these funds at the refinancing rate of the Bank of Russia.

Article 32. Antimonopoly rules

Credit organizations are prohibited from entering into agreements and carrying out concerted actions aimed at monopolizing the banking services market, as well as limiting competition in banking.

The acquisition of shares (stakes) in credit institutions, as well as the conclusion of agreements providing for control over the activities of credit institutions (groups of credit institutions), must not contradict antimonopoly rules.

Compliance with antimonopoly rules in the field of banking services is controlled by the State Committee of the Russian Federation on antimonopoly policy and support of new economic structures jointly with the Bank of Russia.

Article 33. Ensuring the repayment of loans

Loans provided by the bank can be secured by collateral of real estate and movable property, including government and other securities, bank guarantees and in other ways provided for by federal laws or agreement.

If the borrower violates the obligations under the agreement, the bank has the right to early collect the loans provided and the interest accrued on them, if provided for by the agreement, as well as foreclose on the pledged property in the manner prescribed by federal law.

Article 34. Declaration of debtors insolvent (bankrupt) and repayment of debt

The credit institution is obliged to do everything provided for by law Russian Federation measures for debt collection.
A credit organization has the right to apply to an arbitration court to initiate insolvency (bankruptcy) proceedings against debtors who fail to fulfill their obligations to repay debt, in the manner prescribed by federal laws.

Chapter V. Branches, representative offices and subsidiaries of a credit institution on the territory of a foreign state

Article 35. Branches, representative offices and subsidiaries of a credit institution on the territory of a foreign state

A credit organization that has a general license may, with the permission of the Bank of Russia, create branches on the territory of a foreign state and, after notifying the Bank of Russia, representative offices.

A credit organization that has a general license may, with the permission and in accordance with the requirements of the Bank of Russia, have subsidiaries on the territory of a foreign state.

The Bank of Russia, no later than three months from the date of receipt of the relevant application, informs the applicant in writing about its decision - consent or refusal. The refusal must be motivated. If the Bank of Russia does not notify the decision within the specified period, the corresponding permission from the Bank of Russia is considered received.

Chapter VI. Savings business

Article 36. Bank deposits individuals

Deposit - funds in the currency of the Russian Federation or foreign currency placed by individuals for the purpose of storing and generating income. Income on the deposit is paid in cash in the form of interest. The deposit is returned to the depositor upon his first request in the manner prescribed for a deposit of this type by federal law and the relevant agreement.

Deposits are accepted only by banks that have such a right in accordance with a license issued by the Bank of Russia, that participate in the system of compulsory insurance of deposits of individuals in banks and are registered with an organization that carries out the functions of compulsory deposit insurance. Banks ensure the safety of deposits and timely fulfillment of their obligations to depositors. Attraction of funds into deposits is formalized by an agreement in writing in two copies, one of which is issued to the depositor.

The right to attract deposits from individuals may be granted to banks whose state registration date has passed at least two years. When merging banks, the specified period is calculated for the bank that has an earlier state registration date. When transforming the bank, the specified period is not interrupted.

Part four is no longer valid.

The right to attract deposits from individuals may be granted to a newly registered bank or a bank less than two years have passed since the date of state registration of which:

1) the size of the authorized capital of the newly registered bank or the amount of equity (capital) operating bank amounts to at least 3 billion 600 million rubles;

2) the bank complies with the established normative act The Bank of Russia is obliged to disclose to an unlimited number of persons information about persons who have a significant (direct or indirect) influence on decisions made by the bank’s management bodies.

Article 37. Bank depositors

Bank depositors can be citizens of the Russian Federation, Foreign citizens and stateless persons.

Depositors are free to choose a bank to deposit their funds and may have deposits in one or more banks.

Depositors can manage deposits, receive income from deposits, make non-cash payments in accordance with agreement.

Article 38. System of compulsory insurance of deposits of individuals in banks

To provide guarantees for the return of citizens' funds attracted by banks and to compensate for the loss of income on invested funds, a system of compulsory insurance of individuals' deposits in banks is being created.

Participants in the system of compulsory insurance of individuals' deposits in banks are the organization that carries out the functions of compulsory deposit insurance and banks that attract funds from citizens.

The procedure for the creation, formation and use of funds from the system of compulsory insurance of deposits of individuals in banks is determined by federal law.

Article 39. Funds voluntary insurance deposits

Banks have the right to create voluntary deposit insurance funds to ensure the return of deposits and the payment of income on them. Voluntary deposit insurance funds are created as non-profit organizations.

The number of banks - founders of the voluntary deposit insurance fund must be at least five with a total authorized capital of at least 20 times the minimum amount of authorized capital established in accordance with this Federal Law for banks on the date of creation of the fund.

The procedure for the creation, management and operation of voluntary deposit insurance funds is determined by their charters and federal laws.
The bank is obliged to inform clients about its participation or non-participation in voluntary deposit insurance funds. In case of participation in the voluntary deposit insurance fund, the bank informs the client about the insurance conditions.

Chapter VII. Accounting in credit institutions and supervision of their activities

Article 40. Rules accounting in a credit institution

Rules for maintaining accounting records, presenting financial and statistical reporting, compilation annual reports credit institutions are established by the Bank of Russia taking into account international banking practice.

The Bank of Russia establishes the specifics of accounting state corporation"Bank for Development and Foreign Economic Affairs (Vnesheconombank)".

Article 41. Supervision over the activities of a credit organization

Supervision over the activities of a credit organization is carried out by the Bank of Russia in accordance with federal laws.

Article 42. Audit of a credit organization, banking groups and bank holding companies

The reporting of a credit organization is subject to annual inspection by an audit organization that, in accordance with the legislation of the Russian Federation, is licensed to carry out such inspections. The reporting of banking groups and the reporting of bank holding companies are subject to annual inspection by an audit organization that, in accordance with the legislation of the Russian Federation, has a license to carry out inspections of credit organizations and has been auditing credit organizations for at least two years. Licenses to carry out audits of credit organizations are issued in accordance with federal laws to audit organizations that have been performing audit activities for at least two years.

An audit of a credit institution, banking groups and bank holding companies is carried out in accordance with the legislation of the Russian Federation.

The audit organization is obliged to draw an opinion on the results audit, containing information on the reliability of the financial statements of the credit organization, its compliance with mandatory standards established by the Bank of Russia, the quality of management of the credit organization, the state of internal control and other provisions determined by federal laws and the charter of the credit organization.

The audit report is sent to the Bank of Russia within three months from the date of submission to the Bank of Russia of the annual reports of the credit institution, banking groups and bank holding companies.

Article 43. Reporting of a credit organization, reporting of banking groups and reporting of bank holding companies

A credit institution submits an annual report (including a balance sheet and a profit and loss statement) to the Bank of Russia after its accuracy has been confirmed by an audit organization. If a credit institution has the ability to exert significant (direct or indirect) influence on the activities of other legal entities (except for credit institutions), it draws up and submits the specified report on a consolidated basis in the manner determined by the Bank of Russia.

A credit organization publishes in the open press an annual report (including a balance sheet and a profit and loss statement) in the form and within the time frame established by the Bank of Russia, after confirmation of its accuracy by an audit organization.

The parent credit organization of a banking group, the parent organization of a bank holding company (management company of a bank holding company) draw up and submit to the Bank of Russia, for the purpose of supervising the activities of credit organizations on a consolidated basis in the manner determined by the Bank of Russia, consolidated reporting on the activities of the banking group and consolidated reporting on activities of a banking holding company, each of which includes a consolidated financial statement, a consolidated profit and loss statement, as well as a risk calculation on a consolidated basis.

For the purposes of compilation, presentation and publication consolidated statements on the activities of the banking group, the said consolidated statements must include the statements of other legal entities in respect of which credit institutions that are part of the banking group may have a significant (direct or indirect) influence on the activities and decisions made by the management bodies of these legal entities.

For the purposes of compiling, presenting and publishing consolidated statements on the activities of a bank holding company, the said consolidated statements must include the statements of other legal entities in respect of which the parent organization of the bank holding company (management company of the bank holding company) and (or) credit organizations that are part of the bank holding company holding may have a significant (direct or indirect) influence on decisions made by the management bodies of these legal entities.

Legal entities in relation to which the parent credit organization of a banking group, the parent organization of a bank holding company (management company of a bank holding company) have significant (direct or indirect) influence are required to submit reports on their activities to them for the purpose of preparing consolidated statements.

The parent credit organization of a banking group, the parent organization of a bank holding company (management company of a bank holding company) does not have the right to disclose information received from other legal entities included in this banking group (this bank holding company) about their activities, except for the cases provided for by this Federal Law, or cases arising from the objectives of publishing consolidated financial statements.

Chairman
Supreme Council of the RSFSR
B.N. Yeltsin

The banking system of the Russian Federation consists of the Bank of Russia, representative offices of foreign banks, as well as credit institutions along with branches. The legal regulation of these organizations is enshrined in the Constitution of the Russian Federation, the Federal Law "On Banking" and "On the Central Bank", as well as some other laws and regulations.

Banking Law

The main document that regulates the activities of banks, as well as the creation and functioning of credit organizations in the Russian Federation, is the Federal Law on Banking Activities and Banks, which is better known as the Federal Law on Banks. The adoption of the document took place back in 1990, under number 395-1. The document contains 7 chapters and 43 articles, which formulate a list of key aspects of the activities of credit institutions of all forms of organizational and legal ownership.

Federal Banking Laws

In addition to the Federal Law on Banks, the activities of credit institutions are regulated by a list of other legal acts, including laws on the Central Bank of the Russian Federation, on the national payment system, on insurance, the law on credit history and currency regulation. It is noteworthy that in the law on credit history you can even find information about banks that have problems with credit history. This category includes the Federal Law on the pledge of real estate, as well as the law aimed at combating money laundering and countering terrorism.

Law on Banks and Banking Activities

Among the main provisions of the banking law Special attention It is recommended to pay attention to the procedure for licensing and registration of banks, as well as their branches and representative offices, provisions on bank bankruptcy and the procedure for revoking a license.

The law also sanctified key points, which relate to stability and reliability of operation banking structures, issues of protecting the rights of depositors are raised, the concept of banking secrecy is formulated, as well as banking standards, which are determined at the initiative of the Central Bank of the Russian Federation.

The law provides information on the principles of servicing bank clients, conducting typical operations, the principles of forming the amounts of commission payments, as well as the formation of rates on deposits.

Bank insurance law

Credit organizations do not have the right to engage in insurance, as well as trading and production activities. The current restrictions do not apply to contracts that are used as derivatives financial instruments. As a rule, such documents provide for the obligation to transfer, sell or purchase goods on pre-agreed conditions in the event of termination of the delivery obligation without fulfillment in kind.

Federal central bank laws

The Federal Law “On the Central Bank” defines, first of all, the concept of an organization as a legal entity that independently carries out professional activities, has an authorized capital and is federally owned. At the same time, the Central Bank of the Russian Federation is not responsible for the state’s debts. Among the main professional tasks of the country's main bank is working on the development, strengthening, increasing efficiency and uninterrupted functioning of the country's banking and payment system, as well as maintaining the stability of the state's national currency. The Central Bank of the Russian Federation is also responsible for issuing funds and organizing their circulation.

Federal Law of December 2, 1990 N 395-1

Basic law defining structure financial system and establishing standards for banking activities is the Federal Law of 02.12. 1990 No. 395-1. This document defines the concept of "bank", " banking group", "credit organization", "banking operations", "deposits and depositors" and other financial terminology and entities.

The law also spells out legal norms and procedures for registration, obtaining permits for various financial structures, the status of depositors, methods of ensuring reliability, as well as forms of deposit insurance are determined.

Comprehensive information regarding qualification requirements for managers financial organizations, the terms of reorganization and revocation of licenses can be found in this document by anyone interested.

Principles of banking legislation

Legal norms of banking activities are based on two groups of principles.

1. General principles banking legislation, defining the legal status of banking organizations and establishing standards economic model RF.

These include the following principles:

• freedom of economic activity;
• inviolability of property;
• the need for competition and prohibition of monopoly;
• carrying out banking activities in a single economic space.

2. Specific principles of banking legislation that regulate the organization, development and functioning of the banking system.

This group includes the following principles:

• organizational and legal structure of the financial system;
• determining the procedure for carrying out banking activities;
• independence of the Central Bank;
• banking secrecy.

A comprehensive description of the norms and principles can be found in the original document.

Directions in the evolution of banking legislation

Banking legislation, of course, occupies a key position in regulating the financial and banking system in the country, determining the form of activity and legal regulations of certain banking structures. But this does not mean that it is not improving and evolving.

As the banking system formed and developed, laws became more specific and stringent in order to prevent bank failures, fraudulent activities and speculation.

The direction of evolution of banking legislation consists, in most cases, in introducing amendments and additions to the chapters and paragraphs of the document, in connection with the market situation, changing conditions and dynamics economic life countries. These necessary adjustments expand the legal scope of legislation, increase efficiency and optimize the state’s banking system as a whole.

Regulations

A package of normative and legal acts regulating relationships in the banking sector is Banking Legislation. It is determined by the legal regime, which conveys the order of management and regulation of banking activities. The main goals of the legal regime are to prevent unlawful bankruptcy, fraudulent activities, unfair competition, speculation, and to increase confidence in banks.

In addition, regulations prescribe the types and types of banking organizations, their form of ownership, functions and status central bank countries. These documents define the model of activity in the securities market and licensing of banking and credit services, as well as the form of relations between the central bank and financial institutions.

All these tasks have national significance and influence the economic power of the state and the standard of living of its population.

Advice from Sravni.ru: The Federal Law on Banking, which regulates the work of credit institutions, is one of the fundamental regulatory documents for organizing the work of the financial sector of the country's economy. From time to time, the provisions of the document are addressed by bank employees, economists, lawyers, judges, accountants, lawyers and borrowers who need at least familiarity with this regulatory document.