The totality of all credit institutions providing banking services, headed by the national bank - the Central Bank Russian Federation(Bank of Russia) - makes up the banking system. The banking system that has developed in Russia is two-tier.

To the lower level include commercial banks and non-bank credit organizations, the main difference between which is that banks are universal: they have the right to carry out all types of banking operations, and non-bank credit organizations are specialized, they have the right to carry out only certain types of banking operations, the permissible combination of which is established by the Bank Russia (Article 1 of the Banking Law).

Top levelbanking system consists of one entity - the Central Bank of the Russian Federation (Bank of Russia), features legal status which are defined in the federal law on it. On the one hand, the Bank of Russia is a body with government powers, as well as a rule-making body regulating the activities of credit institutions. On the other hand, the Bank of Russia simultaneously has the right to carry out banking operations and receive profit from them, although making a profit is not the goal of the Bank of Russia. The Bank of Russia regulates the market banking services not only by issuing regulations: in a number of cases, he himself directly or indirectly participates in this market.

The law classifies the following transactions as banking operations (Article 5 of the Banking Law):

1) raising funds from individuals and legal entities in deposits;

2) placement of raised funds 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 settlements on behalf of individuals and legal entities on their bank accounts;

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

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

7) attraction of deposits and placement of precious metals;

8) issuance bank guarantees;

9) making money transfers on behalf of individuals without opening bank accounts.

In addition to the specified banking transactions, the following banking transactions may be the subject of banking:

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 cash 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 law; and etc.

760 rub.

Introduction

Legal status banks.

Fragment of work for review

1.2. Functions of banks
The main purpose of a bank is to mediate the movement of funds from lenders to borrowers and from sellers to buyers. Along with banks, other financial and credit institutions also move funds in the markets: investment funds, Insurance companies, brokerage, dealer firms, etc. But banks, as subjects of financial risk, have two significant characteristics that distinguish them from all other subjects.
Firstly, banks are characterized by a double exchange of debt obligations: they place their own debentures(deposits, deposit certificates, savings certificates etc.), and the funds mobilized on this basis are placed in debt obligations and securities issued by others. This distinguishes banks from financial brokers and dealers operating on financial market without issuing its own debt.
Secondly, banks are distinguished by accepting unconditional obligations with a fixed amount of debt to legal and individuals, for example, when placing client funds in accounts and deposits, when issuing certificates of deposit, etc. This is how banks differ from various investment funds mobilizing resources by issuing their own shares.
Thus, a modern monopoly bank is a universal multifunctional credit and financial complex with a range of operations and services of more than two hundred items. A universal type of bank, combining deposit and loan, investment and emission, settlement and payment, information and advisory and numerous near-banking operations, most fully meets the needs of modern financial capital, corresponds to the diversified activities of diversified concerns1. The above determines the bank’s public legal obligation to exercise reasonable care and good faith in relation to the interests of its clients2.
The legal literature is dominated by the “classical” understanding of the bank’s functions. So, for example, G.F. Shershenevich noted: “The economic functions of banks are that they 1) lend money, 2) move capital from where there is a surplus to where there is a shortage, 3) perform the duties of cashiers, accepting and making payments. The main task of banks is to mediate loans. ... Banks turn money into capital. ... The concentration of money in banks makes these banks so trading enterprises where the most valuable commodity, capital, can be found.”1
According to V.V. Vitryansky “the essence of banking is interconnected operations to attract funds from citizens and organizations (in deposits and accounts) and the subsequent disposal of the corresponding funds”2. A.M. Rosenberg, noting the economic nature of banks as financial intermediaries, identifies only two of their functions: intermediation in credit and settlements”3.
Banks carry out intermediary operations between various “players” on the financial field, they are designed to contribute to the optimization of the placement of funds, successful business lending, the active use of deposits of legal entities and individuals, i.e. banks are the main, main financial institution, initially focused on the integrated implementation of banking activities, objectively striving for universalization. The movement of funds passes through the accounts of credit institutions. Thus, there is a “circulation” of funds, money turnover, in the stable functioning of which the state is interested.
Cashless payments according to Art. 861 of the Civil Code of the Russian Federation are carried out with the participation of credit institutions. In accordance with the Regulations of the Central Bank of the Russian Federation dated January 5, 1998 N 14-P “On the Rules for the Organization of Cash Circulation on the Territory of the Russian Federation”4 credit institutions are obliged to monitor their clients in terms of their compliance with the procedure cash transactions, establishing a cash balance limit, observing the procedure and timing of cash collection, etc. Banks have access to information about almost all cash flows (both in cash and non-cash form) and information about their owners. This creates a technical possibility for banks to exercise control over cash flows to ensure that certain transactions comply with the law.
To understand the nature of banks and banking activities, it is necessary to take into account the fact that banks, in addition to intermediary in credit and payments, perform another important function: the banking system “produces” non-cash money. Sum non-cash money, reflected in bank accounts, is always greater than the amount of cash issued by the Central Bank. This process is called the “money multiplier”, “deposit multiplier”.
It should be noted that banks occupy an important place not only in market interactions, but also in budget and tax system. Transformed into new ones economic conditions In the main structural units of financial and industrial groups, transnational corporations, state and non-state financial and investment consortia, economic interaction associations, bank holding companies and other financial and industrial conglomerates, banks became owners, users and managers of large incomes and, accordingly, the largest taxpayers.
Banks process payments and execute orders tax authorities on writing off arrears and penalties. It is also necessary to note the role of banks as organizations that control the registration of legal entities and individuals with tax authorities. Finally, banks provide the relevant tax authorities with information about the opening of accounts, financial and economic transactions of taxpayer clients, and execute taxpayers’ orders to transfer taxes to the budget and off-budget funds, execute orders of tax authorities on the undisputed write-off of the corresponding amounts, as well as on the suspension of transactions on accounts.
Banks may be involved in carrying out operations to provide budget funds on a repayable basis, as well as perform the above functions of the Central Bank of the Russian Federation in the absence of its institutions in the relevant territory or the impossibility of them performing these functions.
1.3. Classification of banks
From the point of view of an economist, it is logical to classify banks according to the types and volume of operations they carry out. For example, E. Rohde based the classification of commercial banks on the nature of the banking operations they perform. In accordance with this, he divides commercial banks into two large groups - universal and special. The former carry out all banking operations or most of them, the latter are limited to only a few types or even one type of operation and, depending on their specialization, are divided into investment, mortgage, industry, consumer credit banks, and credit institutions with special functions1.
G.F. Shershenevich proposes a classification of banks “by subject” (type of ownership - state, public and private), “by organization of the subject” (organizational and legal form - joint-stock and banking firms owned by sole proprietors and partnerships, simple or trustworthy (banking houses)) , by purpose of the loan provided: lending to property owners (mortgage and land reclamation banks) and commercial and industrial banks, by loan period: long-term (agricultural) loan banks and short-term (trade) loan banks2.
Alekseeva D.G. and Khomenko E.G. banks are distinguished: 1) issuing and commercial; 2) universal and specialized; 3) local, national and international; 4) branchless and multi-branch, 5) diversified and sectoral; 7) national banks, banks with foreign capital, foreign banks(according to the procedure for forming the authorized capital); 8) public and private; 9) depending on the organizational and legal form - companies with limited liability, additional liability companies, open or closed joint stock companies; 10) large, medium and small1.
The banking system of Russia includes organizations created and registered in the Russian Federation, as well as branches and representative offices in the Russian Federation of those organizations that are registered under the laws of foreign states (non-resident banks) and included in their banking systems. Moreover, non-resident banks also include banks created with funds from the Russian Federation abroad (for example, the Moscow People's Bank in London, Eurobank, Danau Bank, etc.).
Depending on the goals facing credit and other organizations included in the Russian banking system, they can be divided into commercial and non-profit organizations. Commercial organizations are those that pursue profit as the main goal of their activities, i.e. all credit organizations. As for branches and representative offices of foreign banks, according to Russian legislation (Article 55 of the Civil Code of the Russian Federation) they are not recognized as organizations, since the corresponding foreign banks are such. At the same time, branches of foreign banks, of course, are commercial, and representative offices of foreign banks are non-profit institutions. The non-profit organizations that make up the banking system include the Central Bank of the Russian Federation, which does not have the goal of making a profit.
Banks can be universal and special, regional and interregional (not limiting their activities to a certain territory), sectoral or created for the implementation of a specific program (for example, development banks) and not limiting their activities to a specific industry or program. Based on the size of funds, the number of clients served and the volume of funds raised, large, medium and small banks can be distinguished1.
One of the most important criteria for classifying organizations that make up the banking system into groups is the form of ownership. On this basis, credit organizations are classified into private, state and municipal, as well as credit organizations with mixed ownership. At the same time, the Central Bank of the Russian Federation is completely government organization, since its authorized capital and other property are federal property.
As a criterion for the classification and objective assessment of credit institutions, the criterion used is their financial condition. For example, in the instructions of the Bank of Russia dated March 31, 2000 N 766-U “On the criteria for determining financial condition credit institutions" 2 it was established that for the purpose of organizing banking supervision, territorial institutions of the Central Bank of the Russian Federation, from the point of view of financial condition, classify all credit organizations into one of two categories: the first category is “financially stable credit organizations” and the second category is “problem credit organizations " At the same time, the first category of credit institutions included: 1) credit institutions without shortcomings in their activities; 2) credit organizations that have certain shortcomings in their activities. The credit institutions of the second category included: 1) credit institutions experiencing serious financial difficulties; 2) credit organizations that are in critical financial situation. The assignment of credit institutions to one or another category and classification group is made by territorial institutions of the Central Bank of the Russian Federation on the basis of a reasoned judgment, in accordance with the procedure, based on the criteria and approaches determined by the instruction of the Central Bank of the Russian Federation dated March 31, 2000 N 766-U “On the criteria for determining financial condition of credit institutions.”
Credit organizations can also be classified according to whether the capital used in their creation is owned by Russian investors or foreign investors. According to this criterion, in the Russian banking system it is possible to distinguish credit organizations with Russian or foreign investment. According to official banking statistics as of July 1, 2002, of the 129 credit institutions registered in Russia with foreign investment, 31% had a share of foreign capital in the authorized capital of up to 1%; 27.9% - from 1 to 20%; 12.4% - from 20 to 50%; 8.5% - from 50 to 100%; 20.2% - 100%1.
CHAPTER 2. GENERAL CHARACTERISTICS OF THE LEGAL STATUS OF BANKS
2.1. Legal status of the bank
The bank as a legal entity (Article 48 of the Civil Code of the Russian Federation) has certain features due to its economic nature as a financial intermediary. Firstly, entrepreneurial activity the bank is carried out almost exclusively not at the expense of its own property, but at the expense of borrowed funds. Secondly, the bank’s capital serves not only to isolate the legal entity and satisfy the claims of creditors, but also to regulate the volume business activity bank through the standards established by the Bank of Russia. Thirdly, satisfaction of creditors’ claims during liquidation occurs not only through own funds, but also at the expense of clients’ funds (mandatory reserve fund)1.
The legal capacity of the bank is determined, firstly, by transferring to
the law of transactions related to banking and the establishment of exclusive
the nature of banking activities, secondly, by issuing a license to carry out banking operations to a specific bank.
G. Tosunyan and A. Vikulin believe that in relation to banking, insurance and stock exchange activities, “there is a need to introduce into scientific circulation and theoretically substantiate the principle of exclusive legal capacity”2. Recognizing that, in its meaning and content, exclusive legal capacity resembles special legal capacity, the authors highlight the following differences in the principle of exclusive legal capacity: 1) the need for licensing, 2) a direct indication in the law of prohibited types of activities (production, insurance and trading activities for banks, for example), 3) the legal consequences of non-compliance with the principle of exclusive legal capacity are to bring to administrative or criminal liability (a transaction in violation of the principle of special legal capacity is void), 4) the principle of exclusive legal capacity prohibits other legal entities from engaging in relevant types of activities, 5) the purpose of establishing special legal capacity is to establish a limit legal capacity either by force of law or at the request of the founders, the purpose of exclusive legal capacity is to comply with the interests of society1.
With regard to banks, G. Tosunyan and A. Vikulin talk about the simultaneous operation of the principle of exclusive (banking transactions in the narrow sense of the word), special (other not prohibited transactions, Part 2 of Article 5 of the Banking Law) and general legal capacity (other business transactions) .
According to the Civil Code of the Russian Federation, the scope of legal capacity may be limited by constituent documents or law. The Banking Law establishes that the possibility of carrying out banking transactions in the narrow sense of the word is inextricably linked with the prohibition on carrying out industrial, trading or insurance activities. Carrying out other types of transactions in the financial market does not require obtaining a banking license. Registration of a bank's special legal capacity is carried out by one document - a license. Taking into account the inextricable connection between these permissions and prohibitions, the identification of another type of legal capacity, in my opinion, seems unfounded.
The key element in defining the concepts of a bank is the list of banking operations provided for by the Law on Banks that can be carried out by a credit institution on the basis of a license from the Central Bank of the Russian Federation. According to Part 1 of Art. 5 of the Law on Banks, banking operations include: 1) attracting funds from individuals and legal entities into deposits (on demand and for a certain period); 2) placement of the specified raised funds 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 settlements on behalf of individuals and legal entities, including correspondent banks, on 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 on behalf of individuals without opening bank accounts (except for postal transfers).
In accordance with the same Art. 5 (parts 2, 3 and 5) of the Law on Banks and Banking Activities, in addition to the listed banking operations, a credit institution (including banks) has the right to carry out the following transactions: 1) issuing 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) operations with precious metals and precious stones in accordance with federal legislation; 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 organization has the right to carry out other transactions in accordance with federal legislation, but in any case it is prohibited from engaging in production, trading and insurance activities.
G.A. Tosunyan, A.Yu. Vikulin, A.M. Ekmalyan believe that “ current Law on banks divides transactions that credit institutions have the right to carry out into three groups: 1) banking operations (Part 1, Article 5); 2) transactions that a credit institution has the right to carry out in addition to banking operations (Part 2 of Article 5); 3) other transactions that a credit institution has the right to carry out in accordance with the legislation of the Russian Federation (Part 3, Article 5).” These authors believe that the criterion for dividing transactions carried out by credit institutions into three groups is the principle of the corresponding legal capacity of the credit institution: a) other transactions that the credit institution has the right to carry out in accordance with the legislation of the Russian Federation (Part 3 of Article 5) are permitted it can carry out in accordance with the principle of general legal capacity... b) transactions that a credit institution has the right to carry out in addition to banking operations (Part 2 of Article 5) are allowed to be carried out in accordance with the principle of special legal capacity... c) banking operations (Part. 1, Article 5), which credit institutions carry out in accordance with the principle of exclusive legal capacity, which follows from the admissibility and other cases of restriction of the legal capacity of a legal entity provided for in the current Civil Code of the Russian Federation, regardless of whether the principle of general or special legal capacity applies to it. IN in this case it means that the legal capacity of legal entities that are prohibited from carrying out banking operations is limited... In accordance with Russian legislation class certain types activities are permitted only to strictly defined legal entities and, therefore, should be considered prohibited for all other participants in civil circulation1.
Credit organizations, due to their special position in the Russian economy and special legal status, have certain advantages and guarantees from government regulatory bodies, primarily the Central Bank of the Russian Federation, compared to other financial intermediaries:
- a refinancing system is being created for credit institutions by the Central Bank of the Russian Federation, which it performs in accordance with the functions of the lender of last resort assigned to it by the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”;

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Credit organisation- 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) of the Central Bank of the Russian Federation (Bank of Russia), has the right to carry out banking operations provided for by the Federal Law “On Banks and Banking Activities” (hereinafter referred to as the Law on Banks ). A credit organization is formed on the basis of any form of ownership as a business company.

Bank- a credit institution that has the exclusive right to carry out the following banking operations in aggregate: attracting funds from individuals and legal entities into deposits, 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- a credit institution that has the right to carry out certain banking operations, provided for by law about banks. Acceptable combinations of banking operations for non-bank credit institutions are established by the Bank of Russia.

Currently, the banking system of the Russian Federation includes the following types of credit institutions: settlement (clearing) non-profit organizations and depository and credit non-profit organizations. At the same time, 95% of credit institutions in the Russian Federation are banks.

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

According to the law, unions and associations of credit organizations, banking groups and bank holding companies can be created.

Unions and associations– non-profit organizations created 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 solving other joint problems of credit organizations. 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 (Federal Law “On Non-Profit Organizations”).

Banking group- an association of credit organizations that is not a legal entity, in which one (parent) credit organization directly or indirectly (through a third party) has a significant influence on decisions made by the management bodies of another (other) credit organization (credit organizations). The parent credit institution is obliged to notify the Bank of Russia in the prescribed manner about the formation banking group.

Bank holding - 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 bank holding company), has the ability to directly or indirectly (through a third party) have a significant influence on decisions made by the management bodies of the credit institution (credit institutions).

For the purposes of the Banking 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 bank holding company is obliged to notify the Bank of Russia in the manner established by it about the formation of a bank holding company.

A commercial organization that, in accordance with the Law on Banks, 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 the Banking Law, are assigned to the parent organization of the bank holding company.

For the purposes of the Banking 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 that, in accordance with the Banking Law, can be recognized as the parent organization of a bank holding company, must be able to determine decisions management company bank holding company on issues within the competence of the meeting of its founders (participants), including its reorganization and liquidation.

Legal status of credit institutions

Legal status(legal status) of credit institutions is a conglomerate (i.e., an internally stable set of properties), which includes the following elements: the procedure for creation (establishment, state registration and licensing), the procedure for reorganization, bankruptcy and liquidation, corporate name and location, constituent documents, authorized capital, governing bodies, procedure for maintaining accounting, reporting and auditing, legal regime of bank secrecy. All these points are regulated by the Law on Banks, other federal laws and acts of the Bank of Russia.

The procedure for creating a credit organization... A credit organization can only be created in the form of a business company (OJSC, CJSC, LLC, ALC). Founders may be persons who are not prohibited by law. The founders do not have the right to resign from the founders during the first 3 years from the date of registration. The legal entity - the founder must have a stable financial position, sufficient own funds to contribute to the authorized capital of the limited liability company, operate for at least 3 years, and fulfill obligations to budgets of all levels for the last 3 years. The founder credit organization must be financially stable during the last 6 months preceding the date of submission of documents for state registration and licensing.

Creation stages:

Preliminary – approval of the name of the future company with the Central Bank of the Russian Federation;

Preparation and signing of constituent documents – constituent agreement and (or) charter.

State registration c.o. – no later than 1 month. After signing the constituent agreement, the founders send to the TU of the Central Bank of the Russian Federation the documents specified in the Instructions of the Central Bank of the Russian Federation dated January 14, 2004. No. 109-I.

Obtaining a license to carry out banking activities.

Procedure for reorganization, bankruptcy and liquidation. 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 the Federal Law “On Banks” and adopted in accordance with it regulations 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.

The Bank of Russia, within 15 days from the date of revocation of a credit institution’s license to carry out banking operations, is obliged to contact arbitration court with a request to liquidate a credit organization (hereinafter referred to as the application of the Bank of Russia for the forced liquidation of a 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.”

Business name and location. 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.

Location and postal addresses of governing bodies and separate divisions must be specified in the charter of the credit institution. In case of change:

location (mailing address) of the company;

name of the locality, street name, house number;

branch location –

Special registration of changes to the charter is required. In addition, in the case where a change in the location address (postal address) is associated with a change in the locality (name of the locality), a replacement of the s.c. license is also required. and is registered with the Bank of Russia. In other cases, a license replacement is not required, and the registration of changes is carried out by the TU of the Central Bank of the Russian Federation.

Credit institution within 1 month. after receiving registered changes to the charter from the Central Bank of the Russian Federation, it must:

replace the seal, indicating the new location of the company;

notify all known creditors in writing;

Information about the new location (mailing address) is published in the Bulletin of the Bank of Russia.

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

Authorized capital. 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 ruble equivalent of 5 million euros. Minimum size The authorized capital of a newly registered non-bank credit organization on the day of filing an application for state registration and issuance of a license to carry out banking operations is established in the ruble equivalent of 500 thousand euros.

The Bank of Russia establishes a maximum amount of property (non-monetary) contributions to the authorized capital of a credit organization, which cannot exceed 20% of 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.

The funds raised cannot be used to form the authorized capital of a credit organization. cash.

Controls. The management bodies of the credit institution, along with general meeting 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 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 market participants valuable papers, as well as in organizations engaged in leasing activities or that are affiliated with a credit organization in which its director, chief accountant, and head of its branch work.

The procedure for maintaining accounting, reporting and auditing. General rules for accounting, presentation of financial and statistical reporting, and preparation of annual reports by credit institutions are established by the Central Bank of the Russian Federation, taking into account international banking practice. Currently, the Regulation of the Central Bank of the Russian Federation dated December 5, 2002 is in force. “On the rules of accounting in credit institutions located on the territory of the Russian Federation.”

The reporting of a credit institution is subject to an annual audit by an organization licensed for this activity. For organizations that are auditors of bank holding companies and groups, an additional requirement has been established - audit activity for at least 2 years.

Banking secrecy. Compliance with the confidentiality of banking information is one of the main principles of the company's activities. worldwide. The legal regime of bank secrecy is established by Art. 857 of the Civil Code of the Russian Federation, the Law on the Central Bank, the Law on Banks. The bank secrecy regime must be observed indefinitely.

Credit institutions guarantee non-disclosure of the following information to third parties:

information about the bank account and bank deposit;

information about account transactions;

information about bank clients, correspondent banks, etc.

Information constituting banking secrecy can only be provided to the clients themselves or their representatives. State bodies and their officials such information is provided exclusively in cases and in the manner prescribed by law.

In the event of a credit institution unlawfully disclosing information constituting a bank secret, the client whose rights have been violated may demand compensation from the bank for the losses caused.

A bank is a legal entity that, in order to make a profit on contractual terms, attracts funds from legal entities and individuals, places them on its own behalf on the terms of repayment, urgency and payment, provides cash settlement, credit and other services in financial sector.
Currently, Russia has a two-tier banking system. The first level is the Central Bank of the Russian Federation, which leads monetary policy in the country, regulating money circulation, supervising the work of commercial banks and credit institutions.
The Central Bank of the Russian Federation is headed by a chairman who is appointed by the State Duma of the Russian Federation on the proposal of the President of the Russian Federation.
The second level consists of commercial banks and other credit organizations that directly carry out credit, settlement and other banking services enterprises and citizens. Credit organizations usually differ from banks in the smaller size of their own authorized capital, and also often by the fact that they are not allowed to conduct transactions with individuals.
The functioning of the banking system is carried out in accordance with the norms of the Civil Code of the Russian Federation, as well as specially adopted laws“On the Central Bank of the Russian Federation” and “On banks and banking activities in the Russian Federation”.
In accordance with these laws commercial Bank can be created on the basis of any legal form of ownership and acquires the rights of a legal entity after registration (obtaining a license) with the Central Bank of the Russian Federation. To do this, you need at least three founders and the presence equity in the amount established by the Central Bank of Russia.
In accordance with the law, commercial banks can be universal and specialized. They can:
- attract deposits and provide loans;
- open and maintain client accounts;
- carry out settlements and cash services for clients;
- to finance capital investments;
- issue, trade, store payment documents and securities (checks, bills, letters of credit, shares, bonds, etc.), carry out other transactions with them;
- issue guarantees, sureties and other obligations for third parties, providing for execution in monetary form;
- acquire rights, requirements for the supply of goods and provision of services, accept the risks of fulfilling such requirements and collect these requirements (forfeiting), as well as carry out these operations with control over the movement of goods (factoring);
- buy and sell cash and non-cash foreign currency;
- attract and place funds, manage them on behalf of clients (trust operations);
- provide brokerage and consulting services, carry out leasing operations;
- carry out other operations and transactions with the permission of the Central Bank of the Russian Federation.
Commercial banks are prohibited from carrying out production and trade operations material assets, as well as insurance of all types, with the exception of currency and credit risks.
All legal entities (as well as entrepreneurs without the formation of a legal entity) are legally required to keep their funds in commercial banks and carry out their settlements with partners through them. commercial activities. They can do everything else at their own discretion on a contractual basis with the bank.
For its obligations, a commercial bank is liable within the limits of its property; it is obliged to keep secret the transactions of its clients.
The bank is obliged to provide information on transactions and customer accounts only to the organizations themselves, their higher authorities, courts, investigative authorities, as well as authorities tax service.
A commercial bank operates on the basis of its charter, which is adopted by the founders. They do not have higher authorities, all issues of their activities are resolved by the general meeting of shareholders (shareholders) and the executive bodies. They do not depend on the state when making decisions.
The stability of a bank is determined, first of all, by its liquidity, i.e. ability to timely and in full pay off your obligations. To the most liquid funds commercial bank include funds in a correspondent account with the Central Bank of the Russian Federation and quickly marketable securities.
A commercial bank carries out its payments from a correspondent account opened for it in the cash settlement center (RCC) of the Central Bank of the Russian Federation. All bank payments go through these accounts.
Thus, it is supervised by the Central Bank. If there is no money in the current account, then there are no settlements for this bank, and therefore for its clients.

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Bank(from Italian banco - bench, table on which money changers laid out coins) - a financial and credit institution whose main function is to provide financial services legal entities and individuals.

There are:

- central banks, implementing government regulation banking sector and money issue;

- commercial banks those carrying out business banking activities;

Universal banks carry out all main types of banking operations;

Investment banks specialize in investments, most often in securities;

Savings banks specialize in attracting funds from the public;

Sometimes they distinguish:

- “Retail Bank” (“ Retail bank") - focused on working with individuals.

- “Captive Bank” (“Pocket Bank”) is a subsidiary bank of a large industrial or banking structure, the main purpose of which is to service the operations of the parent company.

The central bank is an intermediary between the government and the rest of the economy through the banks. As such an institution, it is called upon to regulate cash and credit flows using instruments that are assigned to it by law.

In different countries, such banks are called differently: people's, state, issue, reserve, National Bank Ukraine, Federal backup system USA, Bank of England, German Federal Bank, National Bank Vietnam, National Bank China, National Bank of the Republic of Kazakhstan, National Bank of the Azerbaijan Republic. In Russia - the Central Bank of the Russian Federation (Bank of Russia).

The central bank is a regulatory body that combines the features of a bank and a government agency.

The central bank of the vast majority of countries is not state owned. In fact, the state is often only the formal owner of the used central bank equipment, but the right to use it is owned by private individuals - shareholders of central banks. Often the state does not even formally own the capital of the central bank (USA, Italy, Switzerland) or partially owns it (Belgium - 50%, Japan - 55%). Essentially, the central bank performs the functions of a government agency in the interests of private individuals.

According to its position in credit system The central bank plays the role of a “bank of banks,” i.e., it stores the required reserves of commercial banks and other institutions, provides them with loans, acts as a “lender of last resort,” and organizes national system offsets monetary obligations either directly through its branches or through special clearing houses.

Required reserves are the portion of the amount of deposits that commercial banks must keep as non-interest bearing deposits with the Central Bank (forms of storage may vary by country).

Issue of banknotes;

Carrying out monetary policy- is a government policy that influences the amount of money in circulation in order to ensure price stability, full employment population and real output growth;

Refinancing of credit and banking institutions is the attraction by credit institutions of cheap short-term interbank loans or central bank loans to secure loans issued by the bank. To issue a loan, you must have the appropriate financial resource. Typically, this role is played by a deposit - an amount of money transferred by a person to a credit institution in order to receive income in the form of interest generated during financial transactions with the deposit. In case of shortage or reduction of the resource base (part of the deposits were taken away), in order not to resort to early termination loan agreements, you urgently need to attract a new resource to replace the one who left;

Management of official gold and foreign exchange reserves - highly liquid assets represented in the form of foreign currency and gold, which are under control government agencies monetary regulation and at any time can be used to finance the balance of payments deficit, for interventions on foreign exchange markets influencing the exchange rate national currency, or for similar purposes;

Conducting monetary policy;

Regulation of the activities of credit institutions;

Functions of the government's financial agent;

Setting the pawn rate - fixed interest rate applied by the Central Bank when issuing loans to commercial banks secured by real estate, gold and foreign exchange reserves or government securities included in the Lombard List.

Norm required reserves - statutory a strictly defined share of a commercial bank’s obligations on the deposits it attracts, which the bank must keep in reserve at the central bank. The required reserve norm establishes the size of a commercial bank's guarantee fund, which ensures the reliable fulfillment of its obligations to clients. Used by the central bank as a tool for regulating the activities of commercial banks.

Refinancing rate is the amount of interest on an annual basis payable to the country's central bank for loans provided to credit institutions. These loans are temporary shortage refinancing financial resources. Through such loans, regulation of the liquidity of the banking system is ensured when credit institutions lack funds to provide loans to clients and fulfill their obligations.