Interest rates on loans and (or) the procedure for their definition, including the definition of the interest rate on the loan, depending on the change in the conditions provided for in the loan agreement, interest rates on deposits (deposits) and the commission for operations are established by the Credit Organization by agreement with clients, unless otherwise provided by federal law.
The credit organization has no right to unilaterally change interest rates on loans and (or) the procedure for their definition, interest rates on deposits (deposits), commission remuneration and duration of these contracts with customers - individual entrepreneurs and legal entities, except in cases provided for Federal law or contract with the client.
Under the banking contribution agreement (deposit), made by a citizen on the terms of its issuance after a certain period or on the occurrence of the circumstances envisaged, the Bank cannot be unilaterally reduced by the term of this Agreement, the amount of interest is reduced, increased or established a commission for transactions, except Cases stipulated by federal law.
According to a loan agreement concluded with a borrowed citizen, a credit institution cannot unilaterally reduce the validity of this contract, increase the amount of interest and (or) to change the procedure for their definition, increase or establish a commission for operations, except in cases provided for by the Federal Law .
The credit institution - the owner of the ATM is obliged to inform the payment cardholder until it exercises with the use of a payment card, transferring them to the orders of a credit institution on the implementation of settlements on its bank accounts using ATMs belonging to this credit institution, a warning inscription, which is reflected in the ATM screen, The amount of commission, established by the credit institution - the owner of an ATM and charged by it for the commission of these operations in addition to the remuneration established by the contract between the credit institution, which made the release of the payment card, and the holder of this card, or the absence of such remuneration, and also reflect on the results of these Operations Information on the Commission Remuneration of the Credit Organization - the ATM holder in the event of such remuneration on the ATM check or the absence of such remuneration.
Judicial practice under article 29
Decision of October 10, 2019 in case number A56-64409 / 2019
Arbitration Court of St. Petersburg and the Leningrad Region (SP St. Petersburg and Leningrad Region)
The stated requirements are the requirement to recognize an invalid transaction to write-off from the account of the plaintiff in the amount of 1,200,000 rubles on the banking order No. 900102 from 29. 04.2019 And the requirement for recognizing an invalid transaction to write off from the countdiff's account of money in the amount of 1,200,000 rubles on the banking order No. 535960 from 26.04 ....
Decision of September 19, 2019 in case number A04-5035 / 2019
Arbitration Court of the Amur Region (AC Amur Region)
Customer and fastened a copy of the accounting reports in the composition and forms approved by the Ministry of Finance of the Russian Federation, with a marking of the Federal Tax Service Federal Division of Russia on adoption). 29. 04.2019 PJSC MTS-Bank, as part of the fulfillment of the requirements of the Federal Law of 07.08.2001 No. 115-FZ "On Countering Legalization (Laundering) of Revenues received by criminal means and financing ...
Resolution of September 4, 2019 in case number A40-674 / 2019
Ninth Arbitration Court of Appeal (9 AAS)
In cases stipulated by the Bank Account Agreement, the Client pays the Bank's services to complete cash transactions in the account. As follows from Part 1 of Art. 29 FZ "On banks and banking activities" Commission remuneration for operations is established by a credit institution under the Customer Agreement, unless otherwise provided by federal law. According to paragraph 2.1 ....
Solution No. 2-182 / 2019 2-182 / 2019 ~ M-170/2019 M-170/2019 dated August 30, 2019 in case number 2-182 / 2019
Verkhovsky District Court (Oryol region) - Civil and administrative
And the requirements of the law. One-sided refusal to fulfill the obligation and one-sided change of its conditions are not allowed, except in cases provided for by law. By virtue of Part 1 of Art. 29 of the Federal Law "On Banks and Banking Activities" Interest rates on loans and (or) The procedure for their definition, including the definition of the interest rate of the loan depending on ...
Solution No. 2-1751 / 2019 2-1751 / 2019 ~ M-1162/2019 M-1162/2019 dated August 28, 2019 in case number 2-1751 / 2019
KSTA City Court (Nizhny Novgorod Region) - Civil and Administrative
The number is impersonal). - Credit card service fee. Based on the foregoing, referring to Art. 8, 11, 12, 15, 309, 310, 811, 819 of the Civil Code of the Russian Federation, Art. 29, 30 of the Federal Law "On Banks and Banking Activities", paragraph 1.4, 1.8 the provisions of the Bank of Russia "On the emission of bank cards and on operations committed using payment ...
Decision of August 28, 2019 in case number A19-9527 / 2019
Arbitration Court of the Irkutsk Region (AU Irkutsk Region)
That the fee for the use of the amount of the loan is made up of a constant percentage and magnitude, the variable depending on the market fluctuations, in itself does not contradict the provisions of articles 29, 30 of the Federal Law of 02.12.1990 No. 395-1 "On Banks and Banking". The provisions of part 4 of Article 29 of the Federal Law "On Banks and Banking Activities" can not ...
Decision of August 27, 2019 in case number A46-9780 / 2019
Arbitration Court of the Omsk Region (AS Omsk Region)
16 of the Law of the Russian Federation of 07.02.1992 No. 2300-1 "On Consumer Protection" (hereinafter - the Law on Consumer Protection), Part 1, Part 4 of Article 29, Article 30 of the Law of the Russian Federation No. 395-1 of 02.12.1990 " About banks and banking ", paragraph 15 of part 9 of Article 5, Part 2, Part 15 of the article ...
Federal Law "On Banks and Banking Activities" from 02.12.1990 N 395-1 as amended by 03/14/2013 with changes and additions, entering into force with 07/31/2013
THE RUSSIAN FEDERATION
THE FEDERAL LAW
About banks and banking activities
(as amended by federal laws from 03.02.1996 N 17-FZ, from 07/31/1998 N 151-FZ, from 05.07.1999 N 126-FZ, from 08.07.1999 N 136-FZ, from 19.06.2001 N 82-FZ , from 07.08.2001 N 121-FZ, from 21.03.2002 N 31-FZ, from 30.06.2003 N 86-FZ, from 08.12.2003 N 169-FZ, from 23.12.2003 N 181-FZ, from 23.12.2003 N 185-FZ, from 29.06.2004 N 58-ФЗ, from 29.07.2004 N 97-ФЗ, from 02.11.2004 N 127-ФЗ, from 29.12.2004 N 192-ФЗ, from 30.12.2004 N 219-ФЗ, dated 21.07.2005 N 106-ФЗ, from 02.02.2006 N 19-ФЗ, from 03.05.2006 N 60-ФЗ, from 07.27.2006 N 140-ФЗ, from 18.12.2006 N 231-FZ, from 29.12.2006 N 246-FZ, dated 17.05.2007 N 83-FZ, of 07.24.2007 N 214-FZ, from 02.10.2007 N 225-FZ, from 02.11.2007 N 248-FZ, from 04.12.2007 N 325-FZ, from 03.03.2008 N 20-FZ, dated 08.04.2008 N 46-FZ, from 30.12.2008 N 315-FZ, of 28.02.2009 N 28-FZ, from 28.04.2009 N 73-FZ, from 03.06.2009 N 121 -FZ, dated 24.07.2009 N 213-FZ, from 25.11.2009 N 281-FZ, from 27.12.2009 N 352-FZ, from 02.12.2010 N 11-FZ, from 08.05.2010 N 83-FZ, from 01.07 .2010 N 148-FZ, from 07.23.2010 N 181-FZ, from July 27, 2010 N 224-FZ, from 15.11.2010 N 294-FZ, from 07.02.2011 N 8-ФЗ (ed. 11/21/2011), from 06.21.2011 N 162-FZ, dated 07/01/2011 N 169-FZ, from 11.07.2011 N 200-ФЗ, from 11/21/2011 N 329-FZ, from 03.12.2011 N 391-ФЗ, from 06.12.2011 N 409-FZ, from 29.06.2012 N 97-ФЗ, of 07/28/2012 N 144-FZ, from 03.12.2012 N 231-FZ, from 29.12.2012 N 280-FZ, from December 29, 2012 n 282-FZ, from 03/14/2013 N 29-ФЗ, with amended by the decision of the Constitutional Court of the Russian Federation of 02.23.1999 N 4-P, federal laws of 08.07.1999 N 144-FZ, from 10/27/2008 N 175-FZ )
Chapter I. General
Article 1. The basic concepts of this Federal Law
The credit institution is a legal entity, which to extract profits 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 transactions provided for by this Federal Law. The credit institution is formed on the basis of any form of ownership as a business society.
The Bank is a credit institution that has the exceptional right to exercise the following banking operations in the aggregate: attracting funds to the deposits of funds for individuals and legal entities, placement of these funds from its own behalf and at its own expense on the terms of repayment, payability, urgency, opening and maintenance of bank accounts of physical and legal entities.
Non-bank credit organization:
1) a credit institution that has the right to implement exclusively banking operations specified in paragraphs 3 and 4 (only in part of bank accounts of legal entities in connection with the implementation of cash transfers without opening bank accounts), as well as in paragraph 5 (only in connection with the implementation cash transfers without the opening of bank accounts) and paragraph 9 of the first part of Article 5 of this Federal Law (hereinafter referred to as a non-bank credit institution that has the right to carry out cash transfers without opening bank accounts and related other banking operations);
2) a credit institution that has the right to exercise separate banking transactions provided for by this Federal Law. The permissible combinations of banking operations for such a non-bank credit institution are established by the Bank of Russia.
Foreign Bank - a bank recognized as under the legislation of a foreign state in whose territory it is registered.
Article 2. Banking System of the Russian Federation and Legal Regulation of Banking
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, Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", other federal laws, regulatory acts of the Bank of Russia.
Article 3. Unions and Association of Credit Organizations
Credit organizations can create alliances and associations who are not pursuing the goal of profit, to protect and present the interests of their members, coordinate their activities, the development of interregional and international relations, the satisfaction of scientific, information and professional interests, the development of recommendations for the implementation of banking activities and solving other joint Tasks of credit institutions. Unions and associations of credit institutions are prohibited from the implementation of banking operations.
Unions and the Association of Credit Organizations are created and registered in the manner prescribed by the legislation of the Russian Federation for non-commercial organizations.
Unions and the Association of Credit Organizations notify the Bank of Russia on their creation within a month after registration.
Article 4. Banking Group and Banking Holding
The banking group is recognized as a non-legal association of credit institutions, in which one (head) credit organization provides directly or indirectly (through the third person) a significant impact on decisions taken by the authorities of another (other) credit institution (credit institutions).
Banking Holding is recognized as a non-legal association of legal entities with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the head organization of the banking holding) has the ability to provide a significant impact on the decisions adopted by the Offices of the Credit Organization (Credit Organizations).
Under significant influence for the purposes of this Federal Law, it is understood that to determine decisions taken by the legal entities of the legal entity bodies, the conditions for entrepreneurial activities for participation in its authorized capital and (or) in accordance with the terms of the contract concluded between legal entities belonging to the banking Groups and / or (or) to the bank holding, 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 identify the election of more than half of the Board of Directors (Supervisory Board) of a legal entity.
The head credit institution of the banking group, the parental organization of the banking holding is obliged to notify the Bank of Russia in the manner, by them established, on the formation of the banking group, the banking holding.
A commercial organization, which, in accordance with this Federal Law, can be recognized as a heading organization of the banking holding, in order to manage the activities of all credit institutions that are members of the bank holding, have the right to create a bank holding management company. In this case, the banking banking company executables the responsibilities that, in accordance with this Federal Law, are assigned to the head organization of the banking holding.
The management company of the banking holding for this Federal Law recognizes the economic company, the main activity of which is the management of the activities of credit institutions included in the bank holding. The banking holding company is not entitled to engage in insurance, banking, industrial and trading activities. A commercial organization, which, in accordance with this Federal Law, can be recognized by the head organization of the banking holding, is obliged to be able to determine the decisions of the banking holding company on issues related to 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
Bank operations include:
1) attracting funds for individuals and legal entities into deposits (up to demand for a certain period);
2) the placement of the first part of this article of attracted funds from their own behalf of the first article;
3) the discovery and maintenance of bank accounts of individuals and legal entities;
4) carrying out cash transfers on behalf of individuals and legal entities, including corresponding banks, according to their bank accounts;
5) collection of funds, bills, payment and settlement documents and cash maintenance of individuals and legal entities;
6) purchase and sale of foreign currency in cash and non-cash forms;
7) attracting into deposits and placement of precious metals;
8) issuance of bank guarantees;
9) carrying out cash transfers without opening bank accounts, including electronic money (with the exception of postal transfers).
The discovery by credit institutions of bank accounts of individual entrepreneurs and legal entities, with the exception of government bodies, local governments, 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 in Tax authority.
The credit institution in addition to the banking operations listed in part of this article is entitled to implement the following transactions:
1) issuance of guarantees for third parties providing for the fulfillment of obligations in monetary form;
2) the acquisition of the right of claim from third parties to fulfill the obligations in cash;
3) trust management of cash and other property under an agreement with individuals and legal entities;
4) carrying out operations with precious metals and precious stones in accordance with the legislation of the Russian Federation;
5) the provision of special premises to individuals and legal entities or those who are in them safes for storing documents and values;
6) leasing operations;
7) provision of advisory and information services.
The 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 with the relevant license of the Bank of Russia - and in foreign currency. Rules for the implementation of banking operations, including the rules of their logistical support, are established by the Bank of Russia in accordance with federal laws.
A credit organization is prohibited to engage in industrial, trade and insurance activities. These restrictions do not apply to the conclusion of contracts that are derived financial instruments and providing for either the obligation to one part of the contract to transfer the goods to the other party, or the obligation of one party on the terms defined at the conclusion of the contract, in case of presentation of the requirement to another Party to buy or sell the goods if the obligation to The supply will be terminated without execution in kind, as well as to conclude contracts in order to fulfill the functions of the central counterparty in accordance with the Federal Law "On Clearing and Clearing Activities".
Cash transfers without opening bank accounts, with the exception of electronic money transfers, are carried out on behalf of individuals.
Article 6. Credit organization activities in the securities market
In accordance with the license of the Bank of Russia for banking operations, the Bank has the right to exercise release, purchase, sale, accounting, storage and other operations with securities that perform the functions of the payment document, with securities confirming the raising funds in deposits and bank accounts, with In other securities, the implementation of operations with which does not require a special license in accordance with federal laws, and also have the right to confidentially manage the specified securities under an agreement with individuals and legal entities.
The credit institution has the right to carry out professional activities in the securities market in accordance with federal laws.
Article 7. Brand name of the credit institution
The credit institution must have a full proprietary name and have the right to have a reduced proprietary name in Russian. The credit institution has the right to have a complete proprietary name and (or) abbreviated company name in the languages \u200b\u200bof the peoples of the Russian Federation and (or) foreign languages.
The proprietary name of the credit institution in Russian and the languages \u200b\u200bof the peoples of the Russian Federation may contain foreign language borrowing in Russian transcription or in the transcriptions of the languages \u200b\u200bof the peoples of the Russian Federation, with the exception of terms and abbreviations reflecting the organizational and legal form of the credit institution.
The proprietary name of the credit institution should contain an indication of its activity by using the words "bank" or "non-bank credit organization".
Other requirements for the proposal name of the credit institution are established by the Civil Code of the Russian Federation.
The Bank of Russia, when considering a statement about the state registration of a credit institution, is obliged to prohibit the use of the corporate name of the credit institution, if the intended proprietary name is already contained in the book of state registration of credit institutions. Use in the company name of the credit organization of the words "Russia", "Russian Federation", "the state", "federal" and "central", as well as words formed on their basis and phrases are allowed in the manner prescribed by federal laws.
No legal entity in the Russian Federation, with the exception of a legal entity who received a license to carry out banking operations from the Bank of Russia cannot use the word "bank", "credit organization" or otherwise indicating that this legal entity It has the right to carry out banking operations.
Article 8. Providing information on the activities of the Credit Organization, Banking Group and Bank Holding
The credit institution is obliged to publish in forms and within the deadlines, which are established by the Bank of Russia, the following information about their activities:
quarterly - balance sheet, profit and loss statement, information on the level of capital adequacy, the magnitude of reserves for the coverage of dubious loans and other assets;
Annual accounting balance and income statement with the conclusion of an audit company (auditor) on their reliability.
The credit institution is obliged at the request of an individual or legal entity to provide him with a copy of the license for banking operations, copies of other permissions issued (licenses), if the need to obtain these documents is provided for by federal laws, as well as monthly accounting balances for the current year.
For the introduction of individuals and legal entities to error by failure to provide information or by providing inaccurate or incomplete information, a credit institution is responsible in accordance with this Federal Law and other federal laws.
Head Credit Organization of the Banking Group, the heading of the banking holding (Bank Holding Management Company) annually publish its consolidated accounting reports and consolidated income and loss reports in the form, and the deadlines that are established by the Bank of Russia, after confirming their reliability of the audit company (Auditor ).
A credit institution that has a license of the Bank of Russia to attract funds in deposits of individuals, is obliged to disclose interest rates on bank deposit agreements with individuals (as a whole on a credit institution without disclosing information on individual individuals) and information on the debt of the credit institution on deposits of individuals. The procedure for disclosing such information is established by the Bank of Russia.
Article 9. Relationship between the credit institution and the state
The credit organization is not responsible for the obligations of the state. The state is not responsible for the obligations of the credit institution, except when the state itself has assumed such obligations.
The credit organization is not responsible for the obligations of the Bank of Russia. The Bank of Russia is not responsible for the obligations of the credit institution, except in cases where the Bank of Russia has assumed such obligations.
The legislative and executive bodies and local government bodies are not entitled to interfere with the activities of credit institutions, with the exception of cases provided for by federal laws.
The credit organization based on a state or municipal contract for the provision of services for state or municipal needs can carry out certain instructions of the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation and local governments, carry out operations with the funds of the federal budget, budgets of the constituent entities of the Russian Federation and local budgets and Calculations with them, ensure the target use of budgetary funds allocated for the implementation of federal and regional programs. Such a contract must contain mutual obligations of the Parties and provide them with responsibility, conditions and forms of control over the use of budgetary funds.
The credit institution cannot be obliged to implement the activities not provided for by its constituent documents, with the exception of cases where the credit institution assumed the relevant obligations, or cases provided for by federal laws.
Article 10. Constituent Documents of the Credit Organization
A credit organization has a constituent documents provided for by federal laws for a legal entity of the relevant organizational and legal form.
The charter of the credit institution must contain:
1) brand name;
2) an indication of the organizational and legal form;
3) information about the address (location of the management) and separate divisions;
4) a list of banking operations and transactions in accordance with Article 5 of this Federal Law;
5) information about the size of the authorized capital;
6) information about the system of management bodies, including executive bodies, and internal control bodies, on the procedure for their education and their powers;
7) other information provided for by federal laws for the statutes of legal entities of the specified organizational and legal form.
The credit institution is obliged to register all changes made to its constituent documents. The documents stipulated by paragraph 1 of Article 17 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", the regulatory acts of the Bank of Russia, are submitted by a credit institution in the Bank of Russia in accordance with the procedure established by them. The Bank of Russia within a month from the date of submission of all properly executed documents decides on state registration of changes made to the constituent documents of the credit institution and sends to the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" in the Commissioner in accordance with Article 2 of the Federal Law " The executive authority (hereinafter referred to as the authorized registering authority) information and documents necessary for the implementation of these body of functions to conduct a single state register of legal entities.
Based on the specified decision taken by the Bank of Russia, and the necessary information and documents submitted by him and documents, the authorized registering authority on the period not more than five working days from the date of obtaining the necessary information and documents contributes to the Unified State Register of Legal Entities the relevant entry and no later than the working day following Behind the day of making an appropriate entry, reports this to the Bank of Russia. The interaction of the Bank of Russia with an authorized registering authority on the state registration of changes made to the constituent documents of the credit institution is carried out in the manner agreed by the Bank of Russia with an authorized registering authority.
Article 11. The authorized capital of the credit institution
The authorized capital of the credit institution is drawn up from the magnitude 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 the newly registered bank on the day of filing a petition for state registration and issuing a license for banking operations is established in the amount of 300 million rubles. The minimum amount of the authorized capital of the newly registered non-bank credit institution appropriate for the license providing for the right to make settlements on behalf of legal entities, including corresponding banks, on their bank accounts, on the day of submission of a petition for state registration and issuing a license for banking Operations are set in the amount of 90 million rubles. The minimum amount of the authorized capital of the newly registered non-bank credit institution appropriate for the license for non-bank credit institutions entitled to carry out cash transfers without opening bank accounts and related other banking operations, on the day of filing a petition for state registration and issuance of a license for implementation Banking operations are established in the amount of 18 million rubles. The minimum amount of the authorized capital of the newly registered non-bank credit institution that does not apply on obtaining these licenses, on the day of filing a petition for state registration and the issuance of a license for banking operations is established in the amount of 18 million rubles.
Part Three lost strength. - Federal Law of 28.02.2009 N 28-FZ.
The Bank of Russia establishes the limited amount of property (non-monetary) deposits into the authorized capital of the credit institution, as well as the list of types of property in a non-monetary form, which can be paid to the payment of authorized capital.
Cannot be used to form the authorized capital of a credit institution raised cash. Payment of the authorized capital of the credit institution with an increase in its authorized capital by testing the requirements for a credit institution is not allowed, with the exception of monetary requirements for the payment of declared dividends in cash. The Bank of Russia has the right to establish the procedure and criteria for assessing the financial situation of the founders of the credit institution.
Funds of federal budget and state extrabudgetary funds, free cash and other property facilities that are managed by federal state authorities cannot be used to form the authorized capital of a credit institution, except in cases provided for by federal laws.
Budgets of the constituent entities of the Russian Federation, local budgets, free cash and other property facilities that are managed by state authorities of the constituent entities of the Russian Federation and local governments can be used to form the authorized capital of the credit institution on the basis of a constituent act of the constituent entity of the Russian Federation or decision Local governments in the manner provided for by this Federal Law and other federal laws.
Unless otherwise established by federal laws, the acquisition (except for the case, if the shares (shares) are acquired when establishing a credit institution) and (or) obtaining in trust management (hereinafter - the acquisition) as a result of the implementation of one transaction or several transactions with one legal or individual More than one percent of shares (shares) of the credit institution requires the notification of the Bank of Russia, and more than 20 percent - the prior consent of the Bank of Russia.
The prior consent of the Bank of Russia requires the establishment of a legal or individual as a result of the implementation of one transaction or several transactions of direct or indirect (through third parties) of control over the shareholders (participants) of a credit institution that owns more than 20 percent of shares (shares) of the credit institution (hereinafter - establishing control over the shareholders (participants) of the credit institution).
The requirements established by this article also apply to the acquisition of more than one percent of shares (shares) of the credit institution, more than 20 percent of shares (shares) of the credit institution and (or) in case of the establishment of monitoring of shareholders (participants) of a credit institution by a group of persons recognized by the Such in accordance with the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition".
Bank of Russia no later than 30 days from the date of receipt of the application for the consent of the Bank of Russia to the transaction (transactions) aimed at acquiring more than 20 percent of shares (shares) of the credit institution and (or) to establish controls against shareholders (participants) of the credit organization, reports Applicant in writing about his decision - about consent or refusal. In the event that the Bank of Russia did not report on the decision taken during the specified period, the relevant transaction (transaction) is considered agreed.
Notice of acquiring more than one percent of shares (shares) of the credit institution is sent to the Bank of Russia no later than 30 days from the date of this acquisition.
The consent of the Bank of Russia to the transaction (transactions) aimed at acquiring more than 20 percent of shares (shares) of the credit institution and (or) to establish controls against shareholders (participants) of a credit institution can be obtained after making a transaction (hereinafter referred to In the event that the acquisition of shares of the credit institution and (or), the establishment of control over the shareholders (participants) of the credit institution is carried out in public placement of shares, as well as in other cases established by this Federal law. The possibility of obtaining subsequent consent provided for in this part also applies to the acquisition of more than 20 percent of shares of a credit institution in public offering of shares and (or) to establish controls against shareholders (participants) of a credit institution by a group of persons recognized as in accordance with Federal Law of July 26, 2006 of the year N 135-FZ "On the Protection of Competition".
The procedure for obtaining the prior consent and the subsequent consent of the Bank of Russia to the transaction (transactions) aimed at acquiring more than 20 percent of shares (shares) of the credit institution and (or) to establish control over the shareholders (participants) of the credit institution, and the procedure for notifying the Bank of Russia The acquisition of more than one percent of shares (shares) of the credit institution is established by federal laws and the regulatory acts of the Bank of Russia adopted in accordance with them.
The Bank of Russia has the right to refuse to agree on a transaction (transactions) aimed at acquiring more than 20 percent of shares (shares) of the credit institution and (or) to establish control over the shareholders (participants) of the credit institution, in cases of establishing the unsatisfactory financial position of the person committing a deal (transactions) aimed at acquiring more than 20 percent of shares (shares) of the credit institution and (or) to establish control over the shareholders (participants) of a credit institution, violation of antitrust rules, as well as in cases where in respect of a person committing The transaction (transactions) aimed at purchasing more than 20 percent of shares (shares) of the credit institution and (or) to establish controls against shareholders (participants) of a credit institution, there are court decisions that have entered into force and those who have established the facts of committing unlawful action during bankruptcy , deliberate and (or) fictitious bankruptcy, and in Other cases provided by federal laws.
The Bank of Russia refuses the country of consent to the transaction (transactions) aimed at acquiring more than 20 percent of shares (shares) of the credit institution and (or) to establish control over the shareholders (participants) of the credit institution, if the court has previously been established by the court transaction (transactions) aimed at acquiring more than 20 percent of shares (shares) of the credit institution and (or) to establish control over the shareholders (participants) of the credit institution, in causing losses of any credit organization in the performance of the responsibilities of a member of the Board of Directors (observational Council) credit institution, sole executive body, his deputy and (or) member of the Collegian Executive Body (Board, Directorate).
The founders of the bank are not entitled to enter out the Bank's participants during the first three years from the date of its registration.
Article 11.1. Credit Organs
The authorities of the 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 credit institution is carried out by the sole executive body and the collegial executive body.
The sole executive body, his deputies, members of the collegial executive body (hereinafter referred to as the head of the credit institution), the chief accountant of the credit institution, the head of its branch is not entitled to hold posts 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 are affiliated persons in relation to a credit institution in which its head, chief accountant, head of its branch, except in the case provided for in this part. If credit organizations are in relation to each other, the main and subsidiary economic societies, the sole executive body of the subsidiary of a credit institution has the right to hold positions (with the exception of the Chairman's post) in the collegial executive body of the credit institution - the main society.
Candidates for the posts of members of the Board of Directors (Supervisory Board), the head of the credit institution, the Chief Accountant, Deputy Chief Accountants of the Credit Organization, as well as the head of the head, Deputy Head, the Chief Accountant, Deputy Chief Accountants of the branch of the Credit Organization must comply with the qualification requirements established by federal laws and those adopted in accordance with them regulatory acts of the Bank of Russia.
The credit institution is obliged in writing to notify the Bank of Russia about all the estimated appointments as the head of the credit institution, the Chief Accountant, Deputy Chief Accountant of the Credit Organization, as well as the position of the head, Deputy Head, Chief Accountant, Deputy Chief Accountant of the branch of the credit institution. The notification must contain the information provided for by subparagraph 8 of Article 14 of this Federal Law. The Bank of Russia within a month from the date of receipt of this notice gives consent to the specified appointments or represents a motivated refusal in writing on the grounds provided for in Article 16 of this Federal Law.
The credit institution is obliged to notify the Bank of Russia on the exemption from the posts of the head of the credit institution, the Chief Accountant, the Deputy Chief Accountant of the Credit Organization, as well as the head, Deputy Head, the Chief Accountant, Deputy Chief Accountant of the Credit Organization branch no later than the working day following the day making such a decision.
A credit institution is obliged to notify the Bank of Russia on the election (liberation) of a member of the Board of Directors (Supervisory Board) within three days from the date of the adoption of such a decision.
Article 11.2. Minimum amount of own funds (capital) of a credit organization
The minimum amount of own funds (capital) is established for the Bank in the amount of 300 million rubles, with the exception of cases provided for by the part of the fourth - the seventh of this article.
The size of own funds (capital) of the non-bank credit institution appropriate for obtaining the status of the Bank, on the 1st day of the month, in which the corresponding petition was submitted to the Bank of Russia, should be at least 300 million rubles.
License to carry out banking operations, providing a credit institution with the right to carry out banking operations with funds in rubles and foreign currency, attract money from individuals and legal entities in rubles and foreign currency (hereinafter - the General License) may be issued a credit organization with its own Funds (capital) at least 900 million rubles as of the 1st month, which was submitted to the Bank of Russia a petition for obtaining a general license.
The Bank, who has been on January 1, 2007, its own funds (capital) is less than 180 million rubles, has the right to continue its activities provided that the size of its own funds (capital) will not decrease compared with the level reached on January 1, 2007.
The amount of own funds (capital) of the Bank, which meets the requirements established by the Fourth of this article, from January 1, 2010 should be at least 90 million rubles.
The amount of own funds (capital) of the Bank, which meets the requirements of the established parts of the fourth and fifth of this article, as well as the Bank established after January 1, 2007, from January 1, 2012 should be at least 180 million rubles.
The amount of own funds (capital) of the Bank, which meets the requirements established by the fourth parts - the sixth of this article, as well as the Bank established after January 1, 2007, from January 1, 2015 should be at least 300 million rubles.
With a decrease in the size of own funds (capital) of the Bank due to the change in the Bank of Russia, the methods of determining the size of own funds (capital) of the Bank Bank, who on January 1, 2007, its own funds (capital) in the amount of 180 million rubles and more, as well as the bank created after 1 January 2007, within 12 months, the size of its own funds (capital) in the amount of 180 million rubles should be achieved, and from January 1, 2015 - 300 million rubles, calculated on a new methodology for determining the size of own funds (capital) of the Bank, determined by the Bank of Russia, And the bank, who had on January 1, 2007, own funds (capital) in the amount of less than 180 million rubles is more than two quantities: the size of its own funds (capital), which had been on January 1, 2007, calculated on the new methodology for determining its own sizes funds (capital) of the bank defined by the Bank of Russia or the size of own funds (capital) established by parts of the fifth - sevent My real article, on the appropriate date.
Article 11.3. Elimination of violations made in the acquisition and (or) obtaining in trust management of shares (shares) of a credit organization
When the Bank's bank's violations are discovered by the acquisition of shares (shares) of a credit institution or a person who have established controls against shareholders (participants) of the credit institution, the requirements of this Federal Law and the regulatory acts of the Bank of Russia on obtaining prior consent or the subsequent consent of the Bank of Russia on Making a deal (transactions) aimed at acquiring more than 20 percent of shares (shares) of a credit organization and (or) to establish control over the shareholders (participants) of the credit institution, the Bank of Russia constitutes an order to eliminate such a violation.
Prescription of the Bank of Russia on the elimination of violations is sent by the Bank of Russia no later than 30 days from the date of detection of such a violation to the following persons:
1) a person who has committed a deal (transaction) aimed at acquiring more than 20 percent of shares (shares) of the credit institution, with violation;
2) The person who has established control over the shareholder (participant) of the credit organization with violation.
Copies of the prescription of the Bank of Russia, indicated in part of this article, are sent to the credit institution, shares (share) of which were acquired with violation and (or) control over the shareholders (participants) of which is established with violation, and shareholder (participant) of the credit organization, control With respect to which is set with a violation.
The prescription of the Bank of Russia on the elimination of the relevant violation is to be executed by the acquisition of shares (shares) of a credit institution or a person who has established control over the shareholders (participants) of a credit institution, which made a violation, within a period of no more than 90 days from the date of receipt of such an act in one of the following ways:
1) obtaining from the Bank of Russia the subsequent consent to the acquisition of shares (shares) of the credit institution and (or) the establishment of control over the shareholders (participants) of the credit institution carried out in violation, in the manner prescribed by the regulatory act of the Bank of Russia;
2) the commission (transactions) aimed at the alienation of shares (shares) of the credit institution (termination of trust management of shares (shares) of the credit institution), which were acquired with violation, and (or) to terminate the control over the shareholders (participants) of the credit institution, Installed with violation.
The person who has fulfilled the prescription of the Bank of Russia to eliminate the violation by making transactions referred to in the second part of the fourth of this article, no later than five days from the date of execution of the prescription, is obliged to notify the credit institution and the Bank of Russia in Russia established by the Bank of Russia.
The order of the prescription of the Bank of Russia on the elimination of the violation is established by the regulatory act of the Bank of Russia.
From the day of receipt of the prescription of the Bank of Russia to eliminate the violation of the credit institution, the shares (share) of which were acquired and (or) with respect to shareholders (participants) of which control is established with violation, and before the day of its execution or cancellation of the acquirer of shares (shares) of the credit institution violation, and (or) shareholder (participant) of a credit institution, control over which is established with violation, have the right to vote only on shares (shares) of a credit institution that do not exceed 20 percent of shares (shares) of the credit organization (additional threshold values \u200b\u200bthat exceed 20 percent and in respect of which a separate preliminary agreement or subsequent consent was not received if the need to obtain such consent is provided for by the regulatory acts of the Bank of Russia). The rest of the shares (shares) of the credit institution acquired with violation and (or) owned by the shareholder (participant) of the credit institution, control over which is established in violation, are not voting and are not taken into account when determining the quorum of the general meeting of shareholders (participants) of the credit institution.
The Bank of Russia has the right to appeal in the judicial order to solve the general meeting of shareholders (participants) of the credit institution, adopted with violation of the requirements established by part of the seventh of this article and the transactions committed in the execution of these decisions in the event that participation in the voting of shares (shares) acquired With violation, or participating in the voting of shareholders (participants) of a credit institution, the control over which is established with violation, influenced decisions taken by the General Meeting of Shareholders (participants) of the credit institution.
In case of failure to fulfill the acquisition of shares (shares) of the credit institution and (or), the person who has established control over the shareholders (participants) of the credit institution, the prescription of the Bank of Russia to eliminate the violation of the Bank of Russia is entitled to file a claim for invalid transactions (transactions) aimed at For the acquisition of more than 20 percent of shares (shares) of the credit organization and (or) to establish control over the shareholders (participants) of the credit institution, as well as subsequent transactions of these persons aimed at acquiring shares (shares) of this credit organization and (or) to establish Control in relation to shareholders (participants) of this credit institution.
Chapter II. Procedure for registration of credit institutions
And licensing banking operations
Article 12. State registration of credit institutions and issuing licenses for 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 the Special Procedure established by this Federal Law of the State Registration of Credit Organizations.
The decision on the state registration of a credit institution is made by the Bank of Russia. The introduction of information on the establishment, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by an authorized registering authority on the basis of the decision of the Bank of Russia on the relevant state registration. The interaction of the Bank of Russia with an authorized registering authority on state registration of credit institutions is carried out in the manner agreed by the Bank of Russia with an authorized registering authority.
The Bank of Russia, in order to implement the tests and supervisory functions, leads the book of state registration of credit institutions in the manner prescribed by federal laws and the regulatory acts of the Bank of Russia adopted in accordance with them.
The state registration of credit institutions is charged a state duty in the manner and in size, which is established by the legislation of the Russian Federation.
The credit institution is obliged to inform the Bank of Russia on the change in the information specified in paragraph 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information about the licenses received, within three days from the date of such changes. The Bank of Russia no later than one working day from the date of receipt of relevant information from the credit institution reports this to an authorized registering authority, which contributes to the Unified State Register of Legal Entities to record information about the credit institution.
The license to carry out banking operations of the credit institution is issued after its state registration in the manner prescribed by this Federal Law and the regulatory acts received in accordance with it by the Bank of Russia.
The credit organization has the right to carry out banking operations from the date of receipt of the license issued by the Bank of Russia.
Part of the eighth lost strength from January 1, 2007. - Federal Law of 03.05.2006 N 60-FZ.
Article 13. Licensing of banking operations
The implementation of banking operations is made 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 the cases specified in the units of the ninth and tenth of this Article and in the Federal Law "On the National Payment System".
The licenses issued by the Bank of Russia are taken into account in the register of issued licenses for banking operations.
The register of licenses issued by credit organizations are subject to publication by the Bank of Russia in the official publication of the Bank of Russia ("Bulletin of the Bank of Russia") at least once a year. Changes and additions to the specified registry are published by the Bank of Russia within a month from the date of their introduction to the registry.
In licenses for banking operations, banking operations are indicated for which this credit organization has the right, as well as a currency in which these banking operations can be implemented.
License for banking operations is issued without limiting the timing of its action.
Implementation by the legal entity of banking operations without a license, if obtaining such a license is mandatory, entails a penalty from such a legal entity of the entire amount resulting from the implementation of these operations, as well as the penalty of the fine in the twofold amount of this amount into the federal budget. The recovery is carried out in court under the claim of the prosecutor corresponding to the federal executive body authorized by the Federal Law, or the Bank of Russia.
The Bank of Russia has the right to submit to the arbitration court about the liquidation of a legal entity carrying out bank transactions without a license if obtaining such a license is mandatory.
Citizens who illegally carrying out banking operations are carrying civil law, administrative or criminal liability in accordance with law.
The State Corporation "The Bank for Development and Foreign Economic Activities (Vnesheconombank)" has the right to carry out banking operations, the right to implement which is provided on the basis of the Federal Law "On Development Bank".
A commercial organization that is not a credit institution and the functions of a central counterparty in accordance with the Federal Law "On Clearing and Clearing Activity", has the right to carry out without a license issued by the Bank of Russia, the operations specified in paragraph 6 of the first part of Article 5 of this Federal Law, when conclusion On the stock exchange of contracts on the acquisition (on alienation) of foreign currency in order to perform the functions of the central counterparty.
Article 13.1. Lost strength. - Federal Law of 27.06.2011 N 162-FZ.
Article 14. Documents necessary for the state registration of a credit institution and obtaining a license for banking operations
For state registration of the credit institution and obtaining a license for banking operations to the Bank of Russia, the following documents are submitted to the Bank of Russia:
1) application with a petition for state registration of a credit institution and issuing a license for banking operations; The application also includes information about the address (location) of the permanent executive body of the credit institution, according to which communication with the credit institution is carried out;
2) a memorandum (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 the founders (participants) of the credit institution, the minutes of the meeting of founders (participants), which contains decisions on the approval of the Charter of the credit institution, as well as candidates for appointing as the head of the credit institution and the chief accountant of the credit institution. The procedure for compiling a business plan of the credit institution and the criteria for its assessment is established by the regulatory acts of the Bank of Russia;
5) documents on the payment of state duty for the state registration of a credit institution and for providing a license for banking operations in creating a credit institution;
6) audit conclusions about the reliability of the financial statements of the founders - legal entities;
7) documents (according to the list established by the Bank of Russia's regulatory acts) confirming the sources of origin of funds introduced by the founders - individuals in the authorized capital of the credit institution;
8) Questionnaires candidates for the position of the head of the credit institution, the Chief Accountant, Deputy Chief Accountant of the Credit Organization, as well as the position of the head, Deputy Head, Chief Accountant, Deputy Chief Accountants of the branch of the credit institution. These questionnaires are filled with these candidates personally and should contain information established by the Bank of Russia's regulatory acts, as well as information:
of these persons of the highest legal or economic education (with the presentation of a copy of the diploma or replacing his document) and the experience of the management of the department or other division of a credit institution related to the implementation of banking operations, at least one year, and in the absence of special education - management experience a division of at least two years;
on the presence (absence) of criminal record;
9) Questionnaires of candidates for the posts of the sole executive body and the chief accountant of the non-bank credit institution that has the right to carry out cash transfers without opening bank accounts and related other banking operations. These questionnaires are filled with these candidates personally and should contain information established by the Bank of Russia's regulatory acts, as well as information:
the presence of higher professional education among these persons (with a copy of a diploma or replacing his document);
On availability (about the absence) of criminal record.
In addition to the documents specified in the part of this article, the Central Bank of the Russian Federation independently requests in the federal executive body, which carries out the state registration of legal entities, individuals as individual entrepreneurs and peasant (farmer) farms, information about the state registration of legal entities that are founders. A credit institution, and in the tax authority requests information on the fulfillment by the founders - legal entities of obligations to the 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 the first part of this article do not apply to the case of submission of documents for the state registration of a non-bank credit institution that has the right to carry out cash transfers without opening bank accounts and related other banking operations, and receiving a license for banking operations.
Article 15. The procedure for state registration of a credit institution and issuing a license for banking operations
When submitting the documents listed in Article 14 of this Federal Law, the Bank of Russia issues the founders of the credit institution written confirmation of documents from them necessary for the state registration of a credit institution and obtaining a license to carry out banking operations.
Making a decision on state registration of a credit institution and issuing a license to carry out banking operations or a refusal of this is made in a period not exceeding six months from the date of submission of all documents provided for by this Federal Law, and the adoption of such a decision regarding the non-bank credit institution with the right to The implementation of cash transfers without opening bank accounts and related other banking operations is within a period not exceeding three months.
The Bank of Russia, after the decision on the state registration of the credit institution, sends information to the authorized registering authority and the documents necessary for the implementation of the functions of the unified state register of legal entities.
Based on the specified decision taken by the Bank of Russia, and the necessary information and documents submitted by him and documents, the authorized registering authority on the period not more than five working days from the date of obtaining the necessary information and documents contributes to the Unified State Register of Legal Entities the relevant entry and no later than the working day following Behind the day of making an appropriate entry, reports this to the Bank of Russia.
Bank of Russia no later than three working days from the date of receipt from the authorized registering authority of information on a credit institution made to the Unified State Register of Legal Entities notifies its founders with a requirement to make 100 percent of the declared authorized capital of the credit institution and issues the founders a document confirming the fact of making a credit institution record to the Unified State Register of Legal Entities.
Neo-payment or incomplete payment of the authorized capital within the prescribed period is the basis for the conversion of the Bank of Russia to the court with the requirement to eliminate the credit institution.
To pay for the authorized capital, the Bank of Russia opens up a registered bank, and, if necessary, and the non-bank credit institution, a correspondent account in the Bank of Russia. Details of the correspondent account are indicated in the notification of the Bank of Russia on the state registration of the credit institution and issuing a license for banking operations.
Upon presentation of documents confirming payment of 100 percent of the declared authorized capital of the credit institution, the Bank of Russia within three days issues a credit institution license to carry out banking operations.
Part seven is excluded. - Federal Law of 19.06.2001 N 82-FZ.
Article 16. Grounds for refusing to the state registration of a credit institution and issuing a license for banking operations
The refusal to the state registration of a credit institution and issuing a license for banking operations is allowed only on the following grounds:
1) The discrepancy between candidates proposed for the position of the head of the credit institution, the chief accountant of the credit institution and its deputies, qualifications established by federal laws and the regulatory acts of the Bank of Russia adopted in accordance with them. Under the non-compliance of candidates offered to these positions, these qualifications are understood:
The lack of higher legal or economic education and experience of the management department, another division of the credit institution, whose activities are associated with the implementation of banking operations, or the absence of a biennial experience of leadership by such a department, a division (for candidates for the post of sole executive body and the chief accountant of the non-bank credit institution, eligible for cash transfers without opening bank accounts and related other banking operations - the lack of higher professional education);
the presence of a criminal record for committing crimes in the field of economics;
During one year, preceding the day of submission to the Bank of Russia of documents for the state registration of a credit institution, an administrative offense in the field of trade and finance, established by the decision of the authority, authorized to consider cases of administrative offenses;
For two years, preceding the day of submission of documents to the Bank of Russia for state registration of a credit institution, the facts of termination with these persons of the employment contract (contract) on the initiative of the Administration on the grounds provided for in paragraph 2 of Article 254 of the Code of Labor on Labor of the Russian Federation;
The presentation of documents for the state registration of a credit institution to the Bank of Russia for the State Registration of the Credit Organization to the Bank of Russia, in which each of these candidates was on the position of the head of the credit institution, the requirements for replacing it as the head of the credit institution in the manner prescribed by the Federal law "On the Central Bank of the Russian Federation (Bank of Russia)";
non-compliance of the business reputation of these candidates with the requirements established by federal laws and the regulatory acts of the Bank of Russia adopted in accordance with them;
the presence of other grounds established by federal laws;
2) the unsatisfactory financial position of the founders of a credit institution or non-fulfillment of their obligations to the federal budget, budgets of the constituent entities of the Russian Federation and local budgets over the past three years;
3) the discrepancy between the documents submitted to the Bank of Russia for the state registration of a credit institution and obtaining a license to carry out banking operations, the requirements of federal laws and the regulatory acts of the Bank of Russia;
4) The discrepancy between the business reputation of candidates for the positions of members of the Board of Directors (Supervisory Board) by the qualification requirements established by federal laws and the regulatory acts of the Bank of Russia, the presence of a criminal record for committing a crime in the field of economics.
The decision to refuse to the state registration of a credit institution and the issuance of a license for banking operations is reported to the founders of the credit institution in writing and must be motivated.
Refusal to the state registration of the credit institution and issuing a license to carry out banking operations, non-commissioned by the Bank of Russia within the prescribed period of the relevant decision may be appealed to the arbitration court.
Under a business reputation in accordance with this article, the assessment of the professional and other qualities of the person who allows him to hold an appropriate position in the management bodies of the credit institution.
Article 17. State registration of a credit institution with foreign investments and a branch of a foreign bank and issuing licenses for banking operations
For the state registration of a credit institution with foreign investments and a branch of a foreign bank and obtaining a license for banking operations, in addition to the documents specified in Article 14 of this Federal Law, are further submitted properly decorated documents listed below.
Foreign legal entity presents:
1) the decision to participate in the creation of a credit organization in the Russian Federation or on the opening of the Bank's branch;
2) a document confirming the registration of a legal entity, and balances in the three previous years, confirmed by the audit conclusion;
3) the written consent of the relevant control body of its location to participate in the creation of a credit institution in the Russian Federation or the opening of the Bank's branch in cases where such permission is required under the legislation of the country of its location.
A foreign individual is a confirmation of the first-class (according to international practice) by the foreign bank of the solvency of this person.
Article 18. Additional requirements for the creation and activities of credit organizations with foreign investments and branches of foreign banks
The size (quota) of foreign capital participation in the banking system of the Russian Federation is established by the Federal Law on the proposal of the Government of the Russian Federation agreed with the Bank of Russia. The specified quota is calculated as the ratio of total capital belonging to non-residents in the authorized capital of credit institutions with foreign investments, and capital of branches of foreign banks to the total authorized capital of credit organizations registered in the territory of the Russian Federation.
The Bank of Russia ceases issuing licenses for banking operations to banks with foreign investment, branches of foreign banks when achieving the established quota.
Part Three lost strength. - Federal Law of 29.12.2006 N 246-FZ.
The Bank of Russia has the right to impose a ban on an increase in the authorized capital of the credit institution at the expense of non-residents and the alienation of shares (shares) in favor of non-residents, if the result of this action is to exemplate foreign capital participation quota in the banking system of the Russian Federation.
Part of the fifth lost strength. - Federal Law of 29.12.2006 N 246-FZ.
The Bank of Russia has the right to establish as a consultation with the Government of the Russian Federation for credit institutions with foreign investments and branches of foreign banks restrictions on banking operations, if in relevant foreign countries regarding banks with Russian investments and branches of Russian banks, restrictions are applied in their creation and activities.
The Bank of Russia has the right to establish in the manner prescribed by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", additional requirements for credit organizations with foreign investments and branches of foreign banks regarding the reporting procedure, approval of the composition of the leadership and the list of banking operations.
Article 19. Bank of Russia's measures applied by him in the order of supervision in case of violation by the credit institution of federal laws and regulations of the Bank of Russia
In case of violation of federal laws, regulations and prescriptions of the Bank of Russia established by him of the obligatory standards, failure to submit information, submission of incomplete or inaccurate information, failure to submit information to the Bureau of credit stories in case of obtaining the consent of the subject of credit history, as well as actions that create a real threat to the interests Depositors and lenders, the Bank of Russia has the right to supervise the measures established by the Federal Law "on the Central Bank of the Russian Federation (Bank of Russia) to the credit institution (Bank of Russia).
Article 20. Grounds for feedback from a credit organization license to carry out banking operations
The Bank of Russia may withdraw a license for banking operations at the credit institution in cases:
1) establishing the unreliability of information on the basis of which the specified license was issued;
2) delays to start the implementation of banking operations provided for by this license, more than one year from the date of its issuance;
3) establishing the facts of significant unreliability of reporting data;
4) delays in more than 15 days of presentation of monthly reporting (reporting documentation);
5) implementation, including one-time, banking operations not provided for by this license;
6) non-fulfillment of federal laws regulating banking activities, as well as regulatory acts of the Bank of Russia, if within one year the measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" were repeatedly applied to the credit institution, as well as a repeated violation during One year of the requirements provided for in Articles 6 and 7 (with the exception of paragraph 3 of Article 7) of the Federal Law "On Counteracting Legalization (laundering) of the income received by criminal means."
7) repeatedly within one year of the guilty non-fulfillment of the courts contained in the executive documents, arbitration courts for the recovery of funds from accounts (from deposits) of credit institutions in the presence of funds in the accounts (in deposits) of these persons;
8) the presence of a petition of the temporary administration, if by the time of the expiration of the specified administration established by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations", there are grounds for its purpose provided for by the Federal Law;
9) repeated non-submission within the established period of the credit institution in the Bank of Russia of the updated information necessary for amending the Unified State Register of Legal Entities, with the exception of information on the obtained licenses;
10) Failure to pay a credit institution that is a managing mortgage coating, the requirements of the Federal Law "On Mortgage Securities" and published in accordance with it of regulatory legal acts of the Russian Federation, as well as dissemination of violations on time, if within one year the credit institution was repeatedly used measures stipulated by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)";
11) a repeated violation during one year of the requirements of the Federal Law "On Counteracting the Unlawful Use of Insider Information and Manipulating the Market and on Amendments to Selected Legislative Acts of the Russian Federation" and regulatory legal acts adopted in accordance with it, taking into account the characteristics established by the Federal Law.
The Bank of Russia is obliged to withdraw a license for the implementation of banking operations in cases:
1) If the capital adequacy of a credit organization becomes below 2 percent.
If in the last 12 months preceding the moment when, in accordance with this article, the credit institution should be withdrawn from the specified license, the Bank of Russia has changed the methodology for calculating capital adequacy of credit institutions, for the purposes of this article, the method is applied, in accordance with which credit capital adequacy Organizations reaches the maximum value;
2) If the amount of own funds (capital) of the credit institution is below the minimum value of the authorized capital established at the date of state registration of the credit institution. The specified basis for the review of the license for banking operations is not applied to credit institutions during the first two years from the date of issuance of a license for banking operations;
3) if the credit organization does not perform within a period established by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations", the requirements of the Bank of Russia on bringing the value of the authorized capital and the size of own funds (capital);
4) If a credit institution is not able to meet the requirements of creditors on monetary obligations and (or) to fulfill the obligation to pay mandatory payments within 14 days from the onset of their satisfaction and (or) execution. At the same time, these requirements in the aggregate should be at least 1000 times the size of the minimum amount of remuneration established by federal law;
5) If the bank has not reached the minimum amount of its own funds (capital), established by part of the seventh of Article 11.2 of this Federal Law, and does not submit a petition to the Bank of Russia to change its status on the status of a non-banking credit institution;
6) if the bank in the period after January 1, 2015, within three months in a row, decreases the size of own funds (capital) below the minimum amount of own funds (capital), established by part of the seventh Article 11.2 of this Federal Law, except for the reduction due to the change in the size determination technique own funds (capital), and does not submit a petition to the Bank of Russia to change its status on the status of a non-bank credit institution;
7) if the bank, the size of own funds (capital) of which on January 1, 2007 is equal to 180 million rubles or higher, as well as the Bank, created after January 1, 2007, for three months in a row, decrease the size of own funds (capital) below the minimum The size of its own funds (capital) established at the corresponding date of the sixth and seventh Article 11.2 of this Federal Law, with the exception of the decline due to the change in the methodology for determining the size of own funds (capital), and do not submit a petition to the Bank of Russia to change the status of non-bank credit organizations;
8) if the bank, the amount of own funds (capital) of which, on January 1, 2007, less than 180 million rubles, did not reach the appropriate date for the size of its own funds (capital) established by parts of the fifth - seventh Article 11.2 of this Federal Law, or if this bank in The course of three months in a row allows a decrease in the size of its own funds (capital), with the exception of cases of such a decrease due to the application of the changed methodology for determining the size of own funds (capital) of the bank, to a value that is smaller than the largest of the two quantities: the size of own funds (capital) existed He has on January 1, 2007, or the size of its own funds (capital) established by the parts of the fifth - seventh Article 11.2 of this Federal Law, and does not submit a petition to the Bank of Russia to change its status on the status of a non-bank credit institution;
9) if the bank, which was on January 1, 2007, own funds (capital) in a amount equal to 180 million rubles and higher, as well as the Bank, created after January 1, 2007, did not fulfill the requirements established by the Eighth Article 11.2 of this Federal Law, and did not file a petition to the Bank of Russia to change their status on the status of a non-bank credit institution;
10) if the bank, who has been on January 1, 2007, own funds (capital) in the amount of less than 180 million rubles, did not fulfill the requirements established by the Eighth Article 11.2 of this Federal Law, and did not file a petition for the change in the status of non-banking credit organization.
In cases stipulated by part of this article, the Bank of Russia recalls a license for banking operations at a credit institution within 15 days from the date of receipt by the Bank of Russia, responsible for the feedback of this license, reliable information on the availability of grounds for the revocation of this license from a credit institution.
Recalling a license to carry out banking operations on other grounds, with the exception of the grounds provided for by this Federal Law, is not allowed.
The decision of the Bank of Russia about the revocation of the credit institution of a license to carry out banking operations enters into force from the date of the adoption of the relevant Act of the Bank of Russia and may be appealed within 30 days from the date of publication of the report on the revocation of the license for banking operations in the Bulletin of the Bank of Russia. Appealing the indicated decision of the Bank of Russia, as well as the application of measures to ensure lawsuage regarding a credit organization, does not suspend the actions of the specified decision of the Bank of Russia.
The report of the credit organization of the license for banking operations is published by the Bank of Russia in the official publishing of the Bank of Russia "Vestnik Bank of Russia" within a week from the date of the adoption of the relevant decision.
After the credit institution of the license to carry out banking operations, the credit institution should be liquidated in accordance with the requirements of Article 23.1 of this Federal Law, and in case of recognition by bankrupt, in accordance with the requirements of the Federal Law on the insolvency (bankruptcy) of credit institutions. "
After the credit institution of a license to carry out banking operations, the Bank of Russia:
No later than the working day, following the Day of Reviews of this License, appoints a temporary administration to a credit institution in accordance with the requirements of the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations";
Makes the actions provided for in Article 23.1 of this Federal Law.
Since the credit institution has a license to carry out banking operations:
1) It is considered to be the deadline for the fulfillment of the obligations of the credit institution, which arose before the day of the review of the license to carry out banking operations. At the same time, the amount of monetary obligations and responsibilities for the payment of obligatory payments of the credit institution, expressed in foreign currency, is determined in rubles at the rate established by the Bank of Russia on the Day of Reviews at the credit institution of a license for banking operations;
2) the accrual of the percent and financial sanctions provided for by federal law or the contract of interest and financial sanctions on all types of debt of the credit institution, with the exception of financial sanctions for non-fulfillment or improper performance by the credit institution of its current liabilities;
3) the execution of executive documents on property recovery is suspended, compulsory execution of other documents is not allowed, the recovery on which is indisputable, except for the execution of executive documents on the recovery of debt under current obligations of the credit institution;
4) Unless otherwise provided by the Federal Law, until the day of entry into force of the decision of the Arbitration Court on the recognition of a credit institution insolvent (bankrupt) or the liquidation of a credit organization is prohibited:
committing transactions with the property of a credit institution, including the fulfillment of the credit institution obligations, with the exception of transactions related to the current obligations of the credit institution, defined in accordance with this article;
fulfillment of obligations to pay mandatory payments arising before the day of feedback from the credit institution license to carry out banking operations;
termination of obligations to the credit institution by testing oncoming homogeneous requirements;
5) The reception and implementation of payments to Customer Accounts for Credit Organization (individuals and legal entities) are terminated. Credit organizations and the establishments of the Bank of Russia return payments arriving after the day of the review of the license to carry out banking operations in favor of clients of a credit institution on the payers accounts in senders banks;
6) The credit institution returned to customers with the credit organization of their securities and other property adopted and (or) acquired by the credit institution for their account under storage contracts, trust management agreements, depository agreements and brokerage treaties.
Under current obligations of the credit organization are understood:
1) Communication obligations related to the continuation of the activities of the credit institution (including utility, rental and operational payments, expenditures on communication services, ensuring the safety of property), the costs of fulfilling the functions by the Bank of Russia with a temporary administration for managing a credit institution, payment labor of persons working under the employment contract paying output benefits to these persons if they are dismissal, taking into account the peculiarities established by the Federal Law "On Insolvency (Bankruptcy)", as well as other expenses related to the elimination of a credit organization after the day of the review of the license for banking operations ;
2) responsibilities for the payment of mandatory payments arising from the day the license to carry out banking operations;
3) liabilities to transfer monetary amounts held from wages (alimony tax on income of individuals, trade union and insurance premiums and other assigned to the employer in accordance with the federal laws of payments) paid to employees of the credit institution in accordance with federal laws.
Payment of expenditures related to the execution of current obligations of the credit institution is made by the United Bank of Russia by the Interim Administration on the Management of the Credit Organization on the basis of the estimates of the costs approved by the Bank of Russia.
In the period after the day, the license is reviewed by banking operations and until the day of the entry into force of the decisions of the Arbitration Court on the recognition of a credit institution insolvent (bankrupt) or its liquidation, a credit organization has the right to:
1) collect and receive debt, including on previously issued loans, to return advance payments previously implemented by a credit institution, receive funds from repaying securities and revenues on securities owned by a credit organization on ownership;
2) to return the property of a credit institution located in third parties;
3) receive income from previously conducted banking operations and concluded transactions, as well as on operations related to the professional activities of this credit institution in the securities market;
4) In coordination with the Bank of Russia, the return of funds, mistakenly enrolled on the correspondent account or correspondent subaccount of the credit institution. The order of coordination of the return of erroneously enrolled funds is established by the regulatory acts of the Bank of Russia;
5) raised power. - Federal Law of 28.07.2012 N 144-FZ;
6) carry out other actions to fulfill the functions as appointed by the Bank of Russia of the Interim Administration on the Office of the Credit Organization, provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" and adopted in accordance with it regulatory acts of the Bank of Russia;
7) to determine the amount of monetary obligations to the clearing organization, participants in clearing and (or) the size of the requirements for a clearing organization, the clearing participants arising from financial contracts concluded on the terms of the General Agreement (Unified Agreement), which corresponds to the exemplary terms of the contracts provided for in Article 51.5 of the Federal Contracts of the Law of April 22, 1996 N 39-FZ "On the Securities Market", and (or) prisoners on the terms of the rules of organized trading, and (or) prisoners on the terms of the Clearing Rules, to terminate the obligations by credit, netting in accordance with the Federal Law on Clearing activity and legislation of the Russian Federation on insolvency (bankruptcy).
Article 21. Consideration of disputes with the participation of a credit institution
Decisions and actions (inaction) of the Bank of Russia or its officials can be appealed to a credit institution in court or an arbitration court in the manner prescribed by federal laws.
The 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 give a response to the substantial issues affected by them.
Disputes between the credit institution and its customers (individuals and legal entities) are permitted in the manner prescribed by federal laws.
Article 22. Branches, Representative Offices and Internal Structural Divisions of the Credit Organization
A branch of a credit institution is its separate division located outside the location of the credit institution and carrying out all or part of the banking operations provided for by the Bank of Russia licensed issued by the credit institution.
The representative office of the credit institution is its separate division located outside the location of the credit institution, which represents its interests and their protection. The representative office of a credit institution has no right to carry out banking operations.
Branches and representative offices of a credit institution are not legal entities and carry out their activities on the basis of the provisions approved by their credit institution.
The leaders of branches and representative offices are appointed by the head of the credit institution that created their credit institution and operate on the basis of a power of attorney issued in the prescribed manner.
The credit organization opens the branches and representative offices on the territory of the Russian Federation since the notice of the Bank of Russia. The notification indicates the postal address of the branch (representation), its powers and functions, information about the leaders, the scale and nature of the planned operations, and the prints of its press and samples of signatures of its leaders are presented.
Part of the sixth has lost its strength. - Federal Law of 21.07.2005 N 106-FZ.
Branches of a credit institution with foreign investments in the territory of the Russian Federation are registered by the Bank of Russia in the manner prescribed.
The internal structural division of the credit institution (its branch) is its (its) unit located outside the location of the credit institution (its branch) and carrying out banking operations on its behalf, the list of which is established by the Bank of Russia's regulatory acts, within the license of the Bank of Russia issued by the credit Organizations (provisions on the branch of the credit institution).
Credit organizations (their branches) have the right to discover internal structural units outside the locations of credit institutions (their branches) in forms and procedure that are established by regulatory acts of the Bank of Russia.
The authority of the branch of the credit institution to make a decision on the opening of an internal structural unit should be provided for by the Regulations on the branch of the credit institution.
Article 23. Liquidation or reorganization of a credit institution
The liquidation or reorganization of the credit institution is carried out in accordance with federal laws, taking into account the requirements of this Federal Law. At the same time, the state registration of a credit institution in connection with its liquidation and state registration of the credit institution created by its reorganization is carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the features established by this Federal Law and the Accepted In accordance with it regulatory acts of the Bank of Russia. Information and documents necessary for the implementation of the state registration of a credit institution in connection with its liquidation and state registration of a credit institution created by reorganization are submitted to the Bank of Russia. The list of specified information and documents, as well as the procedure for their submission is determined by the Bank of Russia.
The Bank of Russia after making a decision on the state registration of a credit institution in connection with its liquidation or state registration of a credit institution created by its reorganization, sends information and documents necessary to the authorized registering authority and documents necessary for the implementation of the functions to conduct a single state register of legal entities.
Based on the specified decision taken by the Bank of Russia, and the necessary information and documents submitted by him and documents, the authorized registering authority within five working days from the date of obtaining the necessary information and documents contributes to the Unified State Register of Legal Entities the relevant entry and no later than the working day following the day of making The corresponding record, reports this to the Bank of Russia.
The interaction of the Bank of Russia and the authorized registering authority on the issue of state registration of a credit institution in connection with its liquidation or state registration of a credit institution created by reorganization is carried out in the manner agreed by the Bank of Russia with an authorized registering authority.
A written notice of the beginning of the procedure for the reorganization of a credit institution with an application for a decision on the reorganization of a credit institution is sent by a credit institution to the Bank of Russia within three working days after the date of the specified decision. If you participate in the reorganization of two or more credit institutions, such a notification is sent by a credit institution, the latter decided to reorganize a credit institution or determined by the specified decision. The Bank of Russia places this notice on its official website in the information and telecommunications network "Internet" and no later than one working day from the date of receipt from the credit organization of this notice sends information to the authorized registering authority on the start of the procedure for the reorganization of the credit institution (credit institutions) with the application specified Decisions, on the basis of which the specified body contributes to the Unified State Register of Legal Entities, a record that the credit organization (credit institutions) is (located) in the reorganization process.
The state registration of the credit institution in connection with its liquidation is carried out within 45 working days from the date of submission to the Bank of Russia all the documents decorated in the prescribed manner.
State registration of a credit institution created by reorganization in the event that it was not decided to refuse such registration, carried out within six months from the date of submission to the Bank of Russia all the documents decorated in the prescribed manner.
The Bank of Russia has the right to prohibit the reorganization of the credit institution, if as a result of it, there will be grounds for the use of insolvency prevention measures (bankruptcy) provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations."
In case of termination of the activities of the credit institution, on the basis of the decision of its founders (participants), the Bank of Russia at the request of the credit institution decides to cancel the license to carry out banking operations. The procedure for representing the credit institution of this petition is regulated by the regulatory acts of the Bank of Russia.
If, after making a decision by the founders (participants) of the credit institution on its liquidation, the Bank of Russia on the basis of Article 20 of this Federal Law decides to revoke a license for banking operations, the decision of the founders (participants) of the credit organization about its liquidation and other related decisions The founders (participants) of a credit institution or the decision by the founders appointed by the founders (participants) of the credit institution of the liquidation commission (liquidator) lose legal force. The credit organization is subject to liquidation in the manner provided for in Article 23.1 of this Federal Law.
In case of cancellation or revocation of a license for banking operations, a credit institution within 15 days from the date of adoption of such a decision returns the specified license to the Bank of Russia.
The founders (participants) of the credit institution, who made the decision on its liquidation, appoint a liquidation commission (liquidator), approve the interim liquidation balance and the liquidation balance of the credit institution in coordination with the Bank of Russia. The liquidation commission is obliged to convey to the obligatory storage documents of a credit institution for storage in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, in accordance with the list, which is approved by the authorized government of the Russian Federation by the federal executive authority and the Bank of Russia.
The elimination of a credit institution is considered to be completed, and the credit institution has ceased its activities after making an authorized registering authority of the relevant entry into 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)
Bank of Russia within 15 working days from the date of feedback from the credit institution license to carry out banking operations is obliged to contact the Arbitration Court with the requirement to eliminate the credit institution (hereinafter referred to as the application of the Bank of Russia on the Forced Elimination of the Credit Organization), except if the day of the recall This license has a credit institution with signs of insolvency (bankruptcy) provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations".
If a credit institution's review of the license to carry out banking operations at a credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations", or the availability of these features established by the Bank of Russia by the Interim Administration for the Office of the Credit Organization after the Day of Review The credit institution of the specified license, the Bank of Russia appeals to the arbitration court with a statement on the recognition of a credit institution insolvent (bankrupt) in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations".
The Arbitration Court considers the statement of the Bank of Russia on the forced liquidation of the credit institution in accordance with the rules established by the Arbitration Procedure Code of the Russian Federation, and taking into account the features established by this Federal Law. The application of the Bank of Russia on the forced liquidation of the credit institution is considered by the Arbitration Court within a period not exceeding one month from the date of submission of the specified statement.
The Arbitration Court decides to eliminate the credit institution and the appointment of the liquidator of the credit institution, if there is no sign of the insolvency (bankruptcy) of the credit institution on the day of revocation of a license for banking operations. When considering the application of the Bank of Russia on the compulsory liquidation of the credit institution, the preliminary court session provided for by the Arbitration Procedure Code of the Russian Federation is not conducted.
The Arbitration Court sends a decision on the elimination of a credit institution to the Bank of Russia and the authorized registering authority, which contributes to the Unified State Register of Legal Entities that the credit organization is in the process of liquidation.
Article 23.2. Liquidator of the credit organization
The presentation of the candidate of the Liquidator of the Credit Organization to the Arbitration Court and the approval of this candidacy an arbitration court is carried out in the manner prescribed by the Federal Law "On the insolvency (bankruptcy) of credit institutions" for submission and approval of the competitive manager of the credit institution.
The liquidator of the credit institution, which had a license of the Bank of Russia to attract funds in deposits of individuals, is the Deposit Insurance Agency.
The liquidator of the credit institution that did not have a license of the Bank of Russia to attract funds to the deposits of individuals, the Arbitration Court approves the arbitration manager corresponding to the requirements of the Federal Law on Insolvency (Bankruptcy) and accredited with the Bank of Russia as a competitive manager in bankruptcy of credit institutions.
The liquidator of the credit institution proceeds to the exercise of its authority from the date of entry into force of the decision of the Arbitration Court to eliminate the credit institution and the appointment of the liquidator of the credit institution and is valid until the day of entering into the Unified State Register of Legal Entities Recording on the liquidation of the credit institution.
The liquidator of the credit institution in the process of eliminating a credit institution is obliged to act in good faith and reasonable and take into account the rights and legitimate interests of credit institutions, society and the state. The liquidator of the credit institution in the process of eliminating the credit institution has the right and fulfills the responsibilities provided for by this Federal Law, and in the part-of-the-federal law "on the insolvency (bankruptcy) of credit institutions" for the competitive manager of the credit institution.
The liberation or removal of the liquidator of a credit institution from office is carried out in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" for competitive production.
Article 23.3. The consequences of making a decision by the arbitration court on the elimination of a credit organization
The decision of the Arbitration Court to eliminate the credit institution enters into force from the date of its adoption. Appealing the decision of the Arbitration Court on the liquidation of a credit organization does not suspend its execution.
From the date of entry into force, the decisions of the Arbitration Court on the liquidation of the credit institution are the consequences provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" for the case of recognizing the credit institution insolvent (bankrupt).
Article 23.4. Regulation of the liquidation procedures of the credit organization
The elimination of the credit institution 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 competitive production, with the peculiarities established by this Federal Law.
The lenders of the liquidated credit institution have the rights provided for by this Federal Law, and in the Federal Law of the Federal Law on the insolvency (bankruptcy) of credit institutions. The liquidator of a credit institution is obliged to hold the first meeting of creditors of the liquidated credit organization no later than 60 days after the deadline for the expiration date established for the presentation of creditors' claims.
Control over the activities of the liquidator of the credit organization, the procedure for submitting reporting to the Bank of Russia, as well as the audit by the Bank of Russia, the activities of the liquidator of the credit institution are carried out in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" for competitive production.
After the deadline established to present the credit institutions credit requirements, the liquidator of a credit institution constitutes an interim liquidation balance, which should contain information on the composition of the property of the liquidated credit institution, the list of credit management requirements of the credit institution, as well as the results of their consideration. The interim liquidation balance is considered at the meeting of creditors and (or) a meeting of the credit management committee of credit institutions and after such a consideration is subject to coordination with the Bank of Russia.
The satisfaction of credit management claims is carried out in accordance with the intermediate liquidation balance, starting from the date of its coordination with the Bank of Russia and in order of priority provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations".
The procedure for carrying out operations with the property of a credit institution, not included in accordance with the Federal Law "On the insolvency (bankruptcy) of credit institutions" in the competitive mass in the event of insolvency (bankruptcy) of the credit institution, is determined by the federal law.
In the event that the credit institution has no money from the credit institution to meet the requirements of credit institutions, the liquidator of a credit institution implements the property of the credit institution in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations".
The term elimination of a credit institution may not exceed 12 months from the date of entry into force of the decision of the Arbitration Court to eliminate the credit institution. This period may be extended by an arbitration court on the sound target of the liquidator of the credit institution.
If during the procedure for the elimination of a credit institution, it will be revealed that the value of the property of a credit institution in respect of which the decision to eliminate is not sufficient to meet the requirements of credit institutions, the liquidator of a credit institution is obliged to send an application to the Arbitration Court to recognize the credit institution of insolvent (bankrupt).
The report on the results of the liquidation of the credit institution with the application of the liquidation balance is heard at the meeting of creditors or the meeting of the credit management committee of the credit institution and is approved by the Arbitration Court in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy)".
Defining the Arbitration Court to approve the report of the liquidator of a credit institution on the results of the liquidation and completion of the elimination of a credit institution The liquidator of a credit institution is obliged to submit to the Bank of Russia with the application of documents stipulated by the regulatory acts of the Bank of Russia to implement the State Registration of the Credit Organization in connection with its liquidation, within ten days The day of this definition.
Article 23.5. Features of the reorganization of a credit organization in the form of mergers, accession and transformation
No later than 30 days from the date of decision on the reorganization of the credit institution, a credit organization is obliged to place information about this on its official website in the Internet information and telecommunication network and notify about this decision of its creditors in one of the following ways:
1) by sending each creditor of a written notice (postal departure with a notice of awarding) and publication in the print edition, intended to publish information on state registration of legal entities, reports on the decision taken;
2) by publishing a message about the decision in a printed publication, intended to publish information on state registration of legal entities, as well as in one of the printed publications intended to publish regulatory legal acts of state authorities of the subject of the Russian Federation, in the territory of which the branch is located (branches ) This credit organization.
The specified notification (message) must contain information:
1) on the form of reorganization, the procedure and period of it;
2) in the case of reorganization in the form of mergers and transformation - on the proposed organizational and legal form, the intended location created as a result of the reorganization of the credit organization and the list of banking operations, which it involves implementing;
3) in the case of reorganization in the form of joining - on the organizational and legal form, the location of the credit institution, to which the accession is carried out and the list of banking operations, which exercise and implies to carry out such a credit organization;
4) On the printed publication, which will publish information about significant facts (events, actions) affecting the financial and economic activities of the credit institution.
The procedure for notifying creditors about the decision on the reorganization of a credit institution is determined by the general meeting of participants (shareholders) or the Board of Directors (the Supervisory Board) of the Credit Organization, if the charter of the credit institution is considered to be related to its competence, and is communicated to creditors by placing relevant information in places available to them in a credit organization and in all its divisions. The credit institution is obliged at the request of the interested person to provide him with a copy of the specified decision. The fee charged by a credit institution for providing such a copy cannot exceed the cost of its manufacture.
State registration of the credit institution created as a result of the reorganization, and entering into a unified state register of legal entities of records of termination of the activities of reorganized credit institutions is carried out in the presence of evidence of notification of creditors in the manner prescribed by this article.
The credit organization creditor - an individual in connection with the reorganization of the credit institution is entitled to demand the early execution of the relevant commitment, and if it is impossible for early execution - termination of the obligation and compensation for damages, if such an obligation arose before the date:
1) obtaining them a written notice (in the case of using the method of notification of creditors specified in paragraph 1 of the first part of this article);
2) the publication of a credit institution in the print edition, intended to publish information about the state registration of legal entities, reports on the decision on the reorganization of the credit institution (in the case of using the method of notifying the creditors specified in paragraph 2 of the first part of this article).
The credit institution creditor - a legal entity in connection with the reorganization of the credit institution has the right to demand early execution or termination of the relevant commitment and damages, if such a right requirement is provided to a legal entity in accordance with the terms of the contract concluded with the Credit Organization.
The above requirements are sent by credit institutions creditors in writing within 30 days from the date of receipt by the creditor of the notification or within 30 days from the date of publication of a credit institution in the print edition, intended to publish information about the state registration of legal entities, reports on the decision on the reorganization of credit Organizations.
A credit institution from the date of decision on the reorganization of the credit institution and to the date of its completion is obliged to disclose information on significant facts (events, actions) affecting the financial and economic activities of the credit institution. Under such facts (events, actions) for the purposes of this Federal Law are understood:
1) reorganization of the credit institution, its subsidiaries and affiliates;
2) the onset of facts that caused a one-time increase or decrease in the value of the credit organization's assets by more than 10 percent, the facts resulting from a one-time increase in net profit or net losses of a credit institution by more than 10 percent, committing a credit organization of one-time transactions, the size of which or the value of property which is 10 or more percent of the assets of the credit institution as of the date of the transaction;
3) the acquisition of a person at least 5 percent of ordinary shares of a credit institution (at least 5 percent of the share capital of the credit institution), as well as any change, as a result of which the amount of such shares belonging to this person (fractions) became more or less than 5, 10, 15, 20, 25, 30, 50 or 75 percent of placed ordinary shares of a credit organization (shares in the authorized capital of a credit institution);
4) information on the decisions of general meetings of shareholders (participants) of the credit institution;
5) information about accrued and (or) income paid on emission securities of a credit institution established in the form of a joint stock company (about part of the net profit of the credit institution created in the form of a limited liability company or a company with an additional responsibility distributed between its participants);
6) the direction of owners of securities of the credit institution created in the form of an open joint stock company, in accordance with the head of XI.1 of the Federal Law of December 26, 1995 N 208-FZ "On Joint-Stock Companies" of a voluntary or compulsory offer (including competing proposal) On the acquisition of shares, as well as other issuing securities convertible in stocks, or notifications of the right to demand redemption of securities or requirements for redemption of securities.
The disclosure of information on significant facts (events, actions) affecting the financial and economic activities of the credit institution is made by publishing it in the Printing publication specified in the Credit Organization's report on the decision on the reorganization of the credit institution. Such publication is carried out in a period not exceeding five days from the moment of the onset of these facts (events, actions). The credit institution is obliged to place information on significant facts (events, actions) also on its official website in the Internet information and telecommunications network in a period not exceeding three days from the moment of the indicated facts (events, actions).
The provisions of this article also apply in the reorganization of a credit institution at the request of the Bank of Russia in cases established by federal laws.
Chapter III. Ensuring the stability of banking
Systems, Protection of Rights, Interests of Depositors
And lenders of credit institutions
Article 24. Ensuring the financial reliability of a credit organization
In order to ensure financial reliability, the credit organization is obliged to create reserves (funds), including the impairment of securities, the procedure for the formation and use of which is established by the Bank of Russia. The minimum sizes of reserves (foundations) are established by the Bank of Russia. The amounts of deductions to reserves (funds) from profits to taxation are established by federal laws on taxes.
The credit institution is obliged to carry out the classification of assets, highlighting dubious and hopeless debts, and create reserves (funds) to cover possible losses in the manner established by the Bank of Russia.
The credit institution is obliged to comply with the mandatory standards established in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". The numerical values \u200b\u200bof the required standards are established by the Bank of Russia in accordance with the federal law.
The credit institution is obliged to organize internal control, providing an appropriate level of reliability corresponding to the nature and scope of the operations.
When dismissed from office, the sole executive body of the credit institution is obliged to transfer property and documents of the credit institution to a person from among its leaders. In the absence of such a person at the time of liberation from the post of sole executive body, it is obliged to ensure the safety of property and documents of the credit institution, notifying the measures taken by the Bank of Russia.
Article 25. Standard of mandatory reserves of the bank
The Bank is obliged to fulfill the standard of mandatory reserves deposited in the Bank of Russia, including in terms of terms, volumes and types of funds raised. The procedure for depositing of mandatory 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 must have an account in the bank of Russia to store mandatory reserves. The procedure for opening the specified account and the implementation of operations on it is established by the Bank of Russia.
Article 26. Bank secrecy
The credit institution, the Bank of Russia, the organization that performs functions on compulsory deposit insurance guarantee the secret of operations, the accounts and contributions of its customers and correspondents. All employees of a credit institution are obliged to keep the secret on operations, the accounts and contributions of its customers and correspondents, as well as other information established by the credit institution, if it does not contradict the federal law.
Certificates for operations and accounts of legal entities and citizens who carry out entrepreneurial activities without the formation of a legal entity are issued by a credit institution by themselves, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, the tax authorities, the federal executive authority in the field of financial markets, the pension Foundation of the Russian Federation, the Social Insurance Foundation of the Russian Federation and the authorities for the enforcement of judicial acts, acts of other bodies and officials in cases provided for by legislative acts on their activities, and in the presence of the consent of the head of the investigative body - the preliminary investigation authorities on cases in their production .
In accordance with the legislation of the Russian Federation, certificates for operations and accounts of legal entities and citizens who carry out entrepreneurial activities without the formation of a legal entity are issued by the credit institution in the internal affairs bodies in the implementation of functions to identify, prevent and curl tax crimes.
Help on the accounts and deposits of individuals are issued by the credit institution by themselves, ships, the forced execution authorities of judicial acts, acts of other bodies and officials, an organization that performs functions on compulsory deposit insurance, upon the occurrence of insured cases provided for by the Federal Law on Insurance of Deposits of Individuals In the banks of the Russian Federation, and in the presence of the consent of the head of the investigative body - the preliminary investigation authorities on cases in their production.
Certificates for operations, accounts and deposits of individuals are issued by a credit organization to managers (officials) of federal state bodies, the list of which is determined by the President of the Russian Federation, Chairman of the Central Bank of the Russian Federation and the highest officials of the constituent entities of the Russian Federation (heads of senior executive bodies of state authorities of the constituent entities of the Russian Federation ) If there is a request aimed in the manner determined by the President of the Russian Federation, in case of verification in accordance with the Federal Law "On Countering Corruption" of information on income, expenses, property and property obligations:
1) citizens applying for the replacement of state positions of the Russian Federation, if the federal constitutional law or federal law did not establish a different procedure for verifying the indicated information;
2) citizens applying for replacing the position of the judge;
3) citizens applying for substitution of state positions of constituent entities of the Russian Federation, posts of chapters of municipalities, municipal positions substituted on an ongoing basis;
4) citizens applying for substitution of the posts of the Federal State Service, the posts of the State Civil Service of the constituent entities of the Russian Federation, the posts of the municipal service;
4.1) citizens applying for the posts of members of the Board of Directors of the Central Bank of the Russian Federation, posts in the Central Bank of the Russian Federation;
5) citizens applying for replacing posts of the head (sole executive body), deputy heads, members of the Board (collegial executive body), execution of responsibilities for which is carried out on an ongoing basis, in the State Corporation, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, The federal fund of compulsory medical insurance, other organizations created by the Russian Federation on the basis of federal laws;
5.1) citizens applying for the posts of heads of state (municipal) institutions;
6) citizens applying for substitution of individual posts on the basis of an employment contract in organizations created to fulfill the tasks set to federal government agencies;
7) persons substituting positions specified in paragraphs 1 - 6 of this part;
8) Spouse (spouses) and minor children of citizens and those specified in paragraphs 1 - 7 of this part.
Certificates about the availability of accounts, deposits (deposits) and (or) on cash balances in accounts, deposits (deposits), accounting operations discharge, on deposits (deposits) of individuals, certificates of electronic cash balances and electronic money transfers Individuals are issued by a credit organization in the manner prescribed by the legislation of the Russian Federation on taxes and fees, at the request of tax authorities aimed at the basis of requests from the authorized bodies of foreign countries in cases provided for by international treaties of the Russian Federation.
Inquired accounts and deposits In the event of death, their owners are issued by the credit institution to those specified by the account or contribution to the credit institution made by the credit institution, notarial offices on the inheritance cases of deceased contributors, and in relation to foreign citizens' accounts - consular agencies foreign countries.
Information on operations, accounts and contributions of legal entities, citizens who carry out entrepreneurial activities without the formation of a legal entity and individuals submitted by credit institutions to the authorized body carrying out functions to counter the legalization (laundering) of the income obtained by criminal means and financing terrorism in Cases, the procedure and scope that are provided for by the Federal Law "On Counteracting Legalization (Laundering) of the income obtained by criminal means and financing terrorism".
Bank of Russia, leaders (officials) of federal state bodies, the list of which is determined by the President of the Russian Federation, the highest officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of the state of the constituent entities of the Russian Federation), an organization that performs functions on mandatory deposit insurance, is not entitled to disclose information About transactions, accounts and deposits, as well as information on specific transactions and operations from reports of credit institutions obtained by them as a result of the execution of licensed, supervisory and control functions, except in cases provided for by federal laws.
Audit organizations are not entitled to disclose information about operations, accounts and contributions of credit institutions, their clients and correspondents received during the inspections conducted by them, with the exception of cases provided for by federal laws.
The authorized body that performs the functions of the legalization (laundering) of income obtained by criminal means and financing terrorism, not entitled to disclose information received from credit institutions in accordance with the Federal Law "On Countering Legalization (Laundering) of Revenues Received by Criminally and terrorism financing, except for the cases provided for by the Federal Law.
The federal executive authority in the field of financial markets is not entitled to disclose information received from credit institutions in accordance with the Federal Law "On Countering the Unlawful Use of Insider Information and Manipulating the Market and to Amendments to Selected Legislative Acts of the Russian Federation", with the exception of cases stipulated by the federal law.
For the disclosure of bank secrecy, the Bank of Russia, the leaders (officials) of the federal state bodies, the list of which is determined by the President of the Russian Federation, the highest officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state authorities of the constituent entities of the Russian Federation), an organization that performs functions on compulsory deposit insurance, Credit, audit and other organizations, an authorized body carrying out functions to counter the legalization (laundering) of income obtained by criminal, and financing terrorism, a currency control authority authorized by the Government of the Russian Federation and the currency control agents, as well as officials and employees of these bodies and organizations are responsible, including reimbursement of damage, in the manner prescribed by federal law.
Payment System operators are not entitled to disclose information about operations and accounts for participants in payment systems and their customers, with the exception of cases provided for by federal laws.
Information on the operations of legal entities, citizens who carry out entrepreneurial activities without the formation of a legal entity and individuals with their consent seems to be credit institutions in order to form credit stories to the credit historical bureau in the manner and on the conditions that are provided for by the contract with credit history bureaus in accordance With the Federal Law "On Credit Stories".
The leaders (officials) of the federal state bodies, the list of which is determined by the President of the Russian Federation, and the highest officials of the constituent entities of the Russian Federation (the leaders of the highest executive bodies of the state of the constituent entities of the Russian Federation) are not entitled to disclose data on operations, accounts and deposits of individuals, Received in accordance with the regulatory legal acts of the Russian Federation on countering corruption in the Bank of Russia, credit institutions, as well as in branches and representative offices of foreign banks.
Documents and information related to currency transactions, discovery and conducting accounts and stipulated by the Federal Law "On Currency Regulation and Currency Control" are submitted by credit institutions to the Currency Control Authorized by the Government of the Russian Federation, tax authorities and customs authorities as currency control agents in Cases, order and scope that are provided for by the Federal Law.
Currency control and currency control agents are not entitled to disclose information received from credit institutions in accordance with the Federal Law "On Currency Regulation and Currency Control", with the exception of cases provided for by federal laws.
Information on trade and clearing accounts of legal entities and on operations on these accounts is submitted by credit institutions to the federal executive authority in the field of financial markets in the manner prescribed by the Federal Law "On Clearing and Clearing Activities".
The federal executive authority in the field of financial markets is not entitled to disclose to third parties information obtained in accordance with the Federal Law "On Clearing and Clearing Activities".
Operating centers, payment clearing centers are not entitled to disclose third parties information about operations and accounts of participants in payment systems and their clients, obtained when providing operating services, clearing services to the participants of the payment system, with the exception of the transfer of information within the payment system, as well as cases provided for federal laws.
The provisions of this article apply to information on the operations of clients of credit institutions carried out by banking payment agents (subagents).
The provisions of this article also apply to information on the balances of electronic cash of clients of credit institutions and information on electronic money transfers by credit institutions by ordering their clients.
Documents and information that contain bank secrecy of legal entities and citizens who carry out entrepreneurial activities without the formation of a legal entity are provided by credit institutions to the customs authorities of the Russian Federation in cases, the procedure and scope, which are provided for by the Customs Code of the Customs Union and the Federal Law of November 27, 2010 N 311-FZ "On Customs Regulation in the Russian Federation".
The customs authorities of the Russian Federation and their officials are not entitled to disclose information that contain the banking secrecy received by them from credit organizations, with the exception of cases provided for by federal laws. For the disclosure of bank secrecy, the customs authorities of the Russian Federation and their officials are responsible, including the reimbursement of damage, in the manner prescribed by the Federal Law.
Article 27. The overlay of arrest and appeal against funds and other values \u200b\u200bin the credit institution
For funds and other values \u200b\u200bof legal entities and individuals who are in accounts and deposits or on storage in a credit institution, as well as to the balance of electronic cash, the arrest may not be imposed as a court and arbitration court, judge, as well as by the Organ Decration preliminary investigation in the presence of a court decision.
When applying for cash on accounts in deposits and deposits, or to the balance of electronic funds, a credit organization immediately upon obtaining a decision on arresting is terminated by the expenditure operations on this account (contribution), as well as the transfer of electronic cash within the limits of the electronic balance Cash to which arrest is imposed.
Declaration of funds and other values \u200b\u200bof individuals and legal entities that are in accounts and deposits or storage in a credit institution, as well as on the balance of electronic funds can be addressed only on the basis of executive documents in accordance with the legislation of the Russian Federation.
The credit institution, the Bank of Russia is not responsible for the damage caused by the imposition of arrest or appeal against the funds and other values \u200b\u200bof their clients, except for the cases provided for by law.
The confiscation of funds and other values \u200b\u200bcan be made on the basis of a court sentence that has entered into legal force.
Chapter IV. Interbank relations and service
Customers
Article 28. Interbank Operations
Credit organizations at the contract basis can attract and place each other in the form of deposits (deposits), loans, carry out settlements through correspondent accounts opened by each other, and perform other mutual operations provided for by licenses issued by the Bank of Russia.
The credit institution reports monthly to the Bank of Russia on newly open correspondent accounts in the territory of the Russian Federation and abroad.
Credit organizations establish correspondent relations with foreign banks registered in the territories of the offshore zones of foreign countries, in the manner determined by the Bank of Russia.
Correspondent relations between the credit institution and the Bank of Russia are carried out at the contractual principles.
The write-off of funds from the accounts of the credit institution is carried out at its order or with its consent, except in cases provided for by the Federal Law.
With a lack of funds for customer lending and the fulfillment of obligations assumed, a credit institution may apply for loans to the Bank of Russia on the conditions determined by him.
Credit organizations have the right to carry out cash transfers within the framework of payment systems that meet the requirements of the Federal Law "On the National Payment System".
Article 29. Interest rates on loans, deposits (deposits) and commission remuneration for credit institutions
Interest rates on loans and (or) the procedure for their definition, including the definition of the interest rate on the loan, depending on the change in the conditions provided for in the loan agreement, interest rates on deposits (deposits) and the commission for operations are established by the Credit Organization by agreement with clients, unless otherwise provided by federal law.
The credit organization has no right to unilaterally change interest rates on loans and (or) the procedure for their definition, interest rates on deposits (deposits), commission remuneration and duration of these contracts with customers - individual entrepreneurs and legal entities, except in cases provided for Federal law or contract with the client.
Under the banking contribution agreement (deposit), made by a citizen on the terms of its issuance after a certain period or on the occurrence of the circumstances envisaged, the Bank cannot be unilaterally reduced by the term of this Agreement, the amount of interest is reduced, increased or established a commission for transactions, except Cases stipulated by federal law.
According to a loan agreement concluded with a borrowed citizen, a credit institution cannot unilaterally reduce the validity of this contract, increase the amount of interest and (or) to change the procedure for their definition, increase or establish a commission for operations, except in cases provided for by the Federal Law .
The credit institution - the owner of the ATM is obliged to inform the payment cardholder until it exercises with the use of a payment card, transferring them to the orders of a credit institution on the implementation of settlements on its bank accounts using ATMs belonging to this credit institution, a warning inscription, which is reflected in the ATM screen, The amount of commission, established by the credit institution - the owner of an ATM and charged by it for the commission of these operations in addition to the remuneration established by the contract between the credit institution, which made the release of the payment card, and the holder of this card, or the absence of such remuneration, and also reflect on the results of these Operations Information on the Commission Remuneration of the Credit Organization - the ATM holder in the event of such remuneration on the ATM check or the absence of such remuneration.
Article 30. Relations between the Bank of Russia, credit institutions, their clients and the Bureau of Credit Stories
The relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of contracts, unless otherwise provided by federal law.
In the contract, interest rates on loans and deposits (deposits), the cost of banking services and the deadlines for their implementation, including the timing of processing documents, property responsibility for violations of the contract, including responsibility for violating obligations to make payments, as well as The procedure for its termination and other substantive terms of the contract.
Customers have the right to discover the number of settlement, deposit and other accounts they need in any currency in banks with their consent, unless otherwise established by federal law.
The order of opening, maintaining and closing by the Bank of Customer Accounts in rubles and foreign currency is established by the Bank of Russia in accordance with federal laws.
The participants in the credit institution do not have any advantages when considering the issue of obtaining a loan or the provision of other banking services, unless otherwise provided by federal law.
The credit institution is obliged in accordance with the procedure provided for by the Federal Law on Credit Stories, to submit all available information necessary for the formation of credit stories in relation to all borrowers who gave consent to its submission, at least in one bureaus of credit stories included in the State Register of the Bureau credit stories.
Credit organization before the conclusion of a loan agreement with a borrower - an individual and before changing the terms of the loan agreement with the specified borrower, which enhates the change in the full cost of the loan, is obliged to provide the borrower to the individual information about the full cost of the loan, as well as the list and size of the payments of the borrower - individual, associated with non-compliance with the conditions of the loan agreement.
The credit institution is obliged to determine in the loan agreement the full cost of the loan provided by the borrower - an individual, as well as indicate a list and dimensions of the borrower's payments - an individual associated with non-compliance with the conditions of the loan agreement.
In the calculation of the full cost of the loan, the payments of the borrower - an individual on a loan associated with the conclusion and execution of a loan agreement, including the payments of the specified borrower in favor of third parties in case the obligation of this borrower in such payments follows from the terms of the loan agreement, which defines such third parties.
In the event that the full cost of the loan cannot be determined before the conclusion of a loan agreement with a borrower - an individual and before changing the terms of the loan agreement, which enhates the change in the full cost of the loan, since the loan agreement implies various sizes of payments of the specified loan borrower, depending on its decision, The credit institution is obliged to bring to the borrower - an individual information on the full cost of the loan, determined on the basis of the maximum possible amounts of loan and credit period.
The calculation of the full cost of the loan does not include payments of the borrower - an individual on the loan associated with non-compliance with the conditions of the loan agreement.
The total cost of the loan is calculated by the credit institution and is communicated to the borrower - an individual in the manner prescribed by the Bank of Russia.
Article 31. Implementation of calculations by a credit institution
The credit institution carries out calculations according to the rules, forms and standards established by the Bank of Russia; In the absence of rules for conducting certain types of calculations - by agreement between themselves; When implementing international settlements - in the manner prescribed by federal laws and the rules adopted in international banking practice.
The credit institution, the Bank of Russia is obliged to transfer the client's funds and enrollment of funds to his account no later than the next operating day after receiving the relevant payment document, unless otherwise established by federal law, contract or payment document.
In case of untimely or incorrect credit institution, a credit institution, the Bank of Russia pays interest in the amount of these funds at the rate of refinancing of the Bank of Russia.
Article 32. Antimonopoly Rules
Credit organizations are prohibited to conclude agreements and exercise concerted actions aimed at monopolizing the banking services market, as well as to limit competition in banking.
Acquisition of shares (shares) of credit institutions, as well as the conclusion of agreements providing for monitoring the activities of credit institutions (credit institutions), should not contradict the antimonopoly rules.
Compliance with antitrust rules in the field of banking services is monitored by the State Committee of the Russian Federation on Antimonopoly Policy and Support for New Economic Structures, together with the Bank of Russia.
Article 33. Ensuring the return of loans
The loans provided by the Bank can be provided by the guarantee of real estate and movable property, including state and other securities, bank guarantees and other methods provided for by federal laws or treaty.
In violation by the borrower of obligations under the Agreement, the Bank has the right to accumulate the loans provided early and accrued interest on them, if it is provided for by the Agreement, as well as to pay for the mortgaged property in the manner prescribed by the Federal Law.
Article 34. Advertisement of debtors untenable (bankrupt) and repayment of debt
The credit organization is obliged to take all measures provided for by the legislation of the Russian Federation to recover the debt.
The credit institution has the right to apply to the Arbitration Court with a statement on the initiation of insolvency proceedings (bankruptcy) against debtors who do not perform their obligations on debt repayment, in accordance with federal laws.
Chapter V. Branches, Representative Offices
And subsidiaries of a credit organization
In the territory of a foreign state
Article 35. Branches, representative offices and subsidiaries of a credit organization in the territory of a foreign state
A credit institution with a General License may, with the permission of the Bank of Russia, to create branches on the territory of the foreign state and after the notification of the Bank of Russia - representation.
A credit institution with a general license may, with permission and in accordance with the requirements of the Bank of Russia, have subsidiaries in the territory of a foreign state.
Bank of Russia no later than a three-month period from the moment of receipt of the appropriate application reports the applicant in writing about his decision - harmony or refusal. Failure must be motivated. In the event that the Bank of Russia did not report on the decision taken during the specified period, the corresponding permission of the Bank of Russia is considered to be obtained.
Chapter VI. Savings
Article 36. Bank deposits of individuals
Contribution - cash 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 contribution is returned to the depositor in its first requirement in the manner prescribed for the contribution of this type by federal law and the relevant contract.
Deposits are accepted only by banks that have such a right in accordance with the license issued by the Bank of Russia participating in the system of compulsory insurance of deposits of individuals in banks and consistent in the organization that performs functions on compulsory deposit insurance. Banks ensure the preservation of deposits and the timeliness of the fulfillment of their obligations to depositors. Attraction of funds into deposits is issued in writing in two copies, one of which is issued to the depositor.
The right to involve funds in deposits of individuals can be provided to banks, from the date of state registration of which has passed at least two years. In the confluence of banks, the specified period is calculated on a bank having an earlier date of state registration. When converting the bank, the specified period is not interrupted.
Part Fourth lost strength. - Federal Law of December 23, 2003 N 181-FZ.
The right to attracting funds to the deposits of individuals may be provided to the newly registered bank or the bank, from the date of state registration of which was less than two years, if:
1) the size of the authorized capital of the newly registered bank or the amount of own funds (capital) of the current bank is the amount of at least 3 billion 600 million rubles;
2) The Bank complies with the obligation established by the regulatory act of the Bank of Russia to disclose the unlimited circle of individuals information about persons providing a significant (direct or indirect) influence on decisions taken by the Bank's management bodies.
Article 37. Bank depositors
Bank depositors may be citizens of the Russian Federation, foreign citizens and stateless persons.
Depositors are free in the choice of a bank for deposit cash and may have deposits in one or several banks.
Depositors can dispose of deposits, receive income deposits, make non-cash payments in accordance with the Treaty.
Article 38. The system of compulsory insurance of deposits of individuals in banks
To ensure the guarantees of the return of citizens attracted by banks and compensate for the loss of income on invested funds, a system of compulsory insurance of deposits of individuals in banks is created.
Participants in the system of compulsory insurance of deposits of individuals in banks are an organization that performs functions on compulsory deposit insurance, and banks that attract citizens.
The procedure for the creation, formation and use of the system of compulsory insurance of deposits of individuals in banks is determined by federal law.
Article 39. Voluntary Deposit Insurance Funds
Banks have the right to create voluntary deposit insurance funds to ensure return deposits and revenue payments. Voluntary Deposit Insurance Funds are created as non-commercial organizations.
The number of banks - founders of the Voluntary Insurance Fund of deposits must be at least five with the total authorized capital of at least 20-fold minimum amount of the authorized capital established in accordance with this Federal Law for Banks at the Fund's Date.
The procedure for the creation, management and activities of voluntary insurance funds deposits is determined by their charters and federal laws.
The bank is obliged to put customers knowing his participation or non-participation in the funds of voluntary deposit insurance. In the case of participation in the Voluntary Insurance Fund, the Bank informs the Client about insurance conditions.
Chapter VII. Accounting in credit institutions
And supervision of their activities
Article 40. Accounting Rules in the Credit Organization
Accounting rules, submission of financial and statistical reporting, the preparation of annual reports by credit institutions are established by the Bank of Russia, taking into account international banking practice.
The Bank of Russia establishes the specifications of accounting on the state corporation "Bank of Development and Foreign Economic Activities (Vnesheconombank)."
Article 40.1. Ensuring storage of information on the activities of the credit organization
In order to store information about property, credit institutions commitments and their movement, a credit organization is obliged to reflect all operations and other transactions in databases on electronic media, allowing to keep the information contained in them at least five years from the date of inclusion of information in the database, and provide the possibility of access to such information as of each operating day. The procedure for creating, maintaining and storing databases containing such information is established by the Bank of Russia.
Ensuring the storage of information contained in the databases, which is provided for by this article, is also carried out by creating their backup copies.
The Bank of Russia in the event of a credit institution of grounds for the review of the license provided for by this Federal Law, sends a requirement for creating and transferring backup copies of the databases to the Bank of Russia to the Credit Organization.
In the event of a credit institution to ensure the storage of information contained in the databases, the maintenance of which is provided for by this article, including by creating their backup copies, the head of the credit institution is responsible in accordance with federal law.
Article 41. Supervision of the activities of the credit organization
The supervision of the activities of the credit institution is carried out by the Bank of Russia in accordance with federal laws.
Article 42. Audit verification of a credit organization, banking groups and banking holdings
The reporting of a credit institution is subject to an annual audit of the audit organization that has a license to carry out such inspections in accordance with the legislation of the Russian Federation. The reporting of banking groups and the reporting of banking holdings are subject to annual verification of an audit organization that has a license in accordance with the legislation of the Russian Federation to carry out inspections of credit institutions and carrying out the audit of credit institutions for at least two years. Licenses for auditing audits of credit institutions are issued in accordance with federal laws audit organizations carrying out audit activities of at least two years.
The audit of the credit institution, banking groups and banking holdings is carried out in accordance with the legislation of the Russian Federation.
The audit organization is obliged to make a conclusion on the results of the audit, containing information on the reliability of the financial statements of the credit institution, the fulfillment of obligatory standards established by the Bank of Russia, the quality of the management of the credit institution, the state of internal control and other provisions determined by federal laws and the charter of the credit institution.
The audit report is sent to the Bank of Russia within a three-month period from the date of submission to the Bank of Russia annual reports of the credit organization, banking groups and banking holdings.
Article 43. The reporting of the credit institution, the reporting of banking groups and the reporting of bank holdings
A credit institution presents an annual report to the Bank of Russia (including balance sheet and profit and loss statement) after confirming its accuracy of the audit organization. If a credit institution has the ability to provide a significant (direct or indirect) influence on the activities of other legal entities (with the exception of credit institutions), it constitutes the specified report on a consolidated basis in the manner determined by the Bank of Russia.
The credit institution publishes an annual report in an open press (including the balance sheet and a profit and loss statement) in the form and timelines that are established by the Bank of Russia, after confirming its accuracy to the audit organization.
The head credit institution of the banking group, the parental organization of the banking holding (the banking banking company) accounts and submit to the Bank of Russia in order to oversee the activities of credit institutions on a consolidated basis in the manner determined by the Bank of Russia, the consolidated reporting on the activities of the banking group and the consolidated reporting on The activities of the banking holding, each of which includes the consolidated accounting report, the consolidated profit and loss statement, as well as the calculation of risks on a consolidated basis.
For the purposes of compiling, submitting and publishing consolidated reporting on the activities of the banking group, the reporting of other legal entities should be included in the composition of these consolidated statements, for which credit organizations included in the banking group can have a significant (direct or indirect) impact on the activities and Decisions made by the management bodies of these legal entities.
For the purposes of drawing up, submitting and publishing consolidated reporting on the activities of the Banking Holding, the reporting of other legal entities should include the reporting of other legal entities in respect of which the head organization of the Banking Holding (management company of the banking holding) and (or) credit organizations included in the banking Holding, can have a significant (direct or indirect) effect on solutions made by the management bodies of these legal entities.
Legal entities for which the head credit institution of the banking group, the parental organization of the banking holding (bank holding management company) have a significant (direct or indirect) influence, for the purposes of compiling consolidated reporting are obliged to submit them to reporting on their activities.
The head credit institution of the banking group, the heading organization of the banking holding (the banking holding company) is not entitled to disclose the information received from other legal entities in this banking group (this banking holding), information about their activities, except for the cases provided for by this Federal Law, or cases arising from the tasks of publishing consolidated reporting.
Chairman
Supreme Council of the RSFSR
B.N.ELtsin
Moscow, House of Soviets RSFSR
December 2, 1990
N 395-1
Dated July 27, 2010 N 224-FZ, from 11/15/2010 N 294-FZ, from 07.02.2011 N 8-ФЗ, from 06.27.2011 N 162-FZ, from 01.07.2011 N 169-FZ, from 11.07.2011 N 200-FZ, with amended by the decision of the Constitutional Court of the Russian Federation of 02.23.1999 N 4-P, federal laws of 08.07.1999 N 144-FZ, from 10/27/2008 N 175-FZ)
Chapter I. General
Article 1. The basic concepts of this Federal Law
The credit institution is a legal entity, which to extract profits 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 transactions provided for by this Federal Law. The credit institution is formed on the basis of any form of ownership as a business society.
The Bank is a credit institution that has the exceptional right to exercise the following banking operations in the aggregate: attracting funds to the deposits of funds for individuals and legal entities, placement of these funds from its own behalf and at its own expense on the terms of repayment, payability, urgency, opening and maintenance of bank accounts of physical and legal entities.
Non-bank credit organization:
1) a credit institution that has the right to implement exclusively banking operations specified in paragraphs 3 and 4 (only in part of bank accounts of legal entities in connection with the implementation of cash transfers without opening bank accounts), as well as in paragraph 5 (only in connection with the implementation cash transfers without the opening of bank accounts) and paragraph 9 of the first part of Article 5 of this Federal Law (hereinafter referred to as a non-bank credit institution that has the right to carry out cash transfers without opening bank accounts and related other banking operations);
2) a credit institution that has the right to exercise separate banking transactions provided for by this Federal Law. The permissible combinations of banking operations for such a non-bank credit institution are established by the Bank of Russia.
Foreign Bank - a bank recognized as under the legislation of a foreign state in whose territory it is registered.
Article 2. Banking System of the Russian Federation and Legal Regulation of Banking
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, Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", other federal laws, regulatory acts of the Bank of Russia.
Article 3. Unions and Association of Credit Organizations
Credit organizations can create alliances and associations who are not pursuing the goal of profit, to protect and present the interests of their members, coordinate their activities, the development of interregional and international relations, the satisfaction of scientific, information and professional interests, the development of recommendations for the implementation of banking activities and solving other joint Tasks of credit institutions. Unions and associations of credit institutions are prohibited from the implementation of banking operations.
Unions and the Association of Credit Organizations are created and registered in the manner prescribed by the legislation of the Russian Federation for non-commercial organizations.
Unions and the Association of Credit Organizations notify the Bank of Russia on their creation within a month after registration.
Article 4. Banking Group and Banking Holding
The banking group is recognized as a non-legal association of credit institutions, in which one (head) credit organization provides directly or indirectly (through the third person) a significant impact on decisions taken by the authorities of another (other) credit institution (credit institutions).
Banking Holding is recognized as a non-legal association of legal entities with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the head organization of the banking holding) has the ability to provide a significant impact on the decisions adopted by the Offices of the Credit Organization (Credit Organizations).
Under significant influence for the purposes of this Federal Law, it is understood that to determine decisions taken by the legal entities of the legal entity bodies, the conditions for entrepreneurial activities for participation in its authorized capital and (or) in accordance with the terms of the contract concluded between legal entities belonging to the banking Groups and / or (or) to the bank holding, 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 identify the election of more than half of the Board of Directors (Supervisory Board) of a legal entity.
The head credit institution of the banking group, the parental organization of the banking holding is obliged to notify the Bank of Russia in the manner, by them established, on the formation of the banking group, the banking holding.
A commercial organization, which, in accordance with this Federal Law, can be recognized as a heading organization of the banking holding, in order to manage the activities of all credit institutions that are members of the bank holding, have the right to create a bank holding management company. In this case, the banking banking company executables the responsibilities that, in accordance with this Federal Law, are assigned to the head organization of the banking holding.
The management company of the banking holding for this Federal Law recognizes the economic company, the main activity of which is the management of the activities of credit institutions included in the bank holding. The banking holding company is not entitled to engage in insurance, banking, industrial and trading activities. A commercial organization, which, in accordance with this Federal Law, can be recognized by the head organization of the banking holding, is obliged to be able to determine the decisions of the banking holding company on issues related to 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
Bank operations include:
1) attracting funds for individuals and legal entities into deposits (up to demand for a certain period);
2) the placement of the first part of this article of attracted funds from their own behalf of the first article;
3) the discovery and maintenance of bank accounts of individuals and legal entities;
4) carrying out cash transfers on behalf of individuals and legal entities, including corresponding banks, according to their bank accounts;
5) collection of funds, bills, payment and settlement documents and cash maintenance of individuals and legal entities;
6) purchase and sale of foreign currency in cash and non-cash forms;
7) attracting into deposits and placement of precious metals;
8) issuance of bank guarantees;
9) carrying out cash transfers without opening bank accounts, including electronic money (with the exception of postal transfers).
The discovery by credit institutions of bank accounts of individual entrepreneurs and legal entities, with the exception of government bodies, local governments, 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 in Tax authority.
The credit institution in addition to the banking operations listed in part of this article is entitled to implement the following transactions:
1) issuance of guarantees for third parties providing for the fulfillment of obligations in monetary form;
2) the acquisition of the right of claim from third parties to fulfill the obligations in cash;
3) trust management of cash and other property under an agreement with individuals and legal entities;
4) carrying out operations with precious metals and precious stones in accordance with the legislation of the Russian Federation;
5) the provision of special premises to individuals and legal entities or those who are in them safes for storing documents and values;
6) leasing operations;
7) provision of advisory and information services.
The 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 with the relevant license of the Bank of Russia - and in foreign currency.
Rules for the implementation of banking operations, including the rules of their logistical support, are established by the Bank of Russia in accordance with federal laws.
A credit organization is prohibited to engage in industrial, trade and insurance activities. These restrictions do not apply to the conclusion of contracts that are derived financial instruments and providing for either the obligation to one part of the contract to transfer the goods to the other party, or the obligation of one party on the terms defined at the conclusion of the contract, in case of presentation of the requirement to another Party to buy or sell the goods if the obligation to Delivery will be discontinued without execution in nature.
Cash transfers without opening bank accounts, with the exception of electronic money transfers, are carried out on behalf of individuals.
Article 6. Credit organization activities in the securities market
In accordance with the license of the Bank of Russia for banking operations, the Bank has the right to exercise release, purchase, sale, accounting, storage and other operations with securities that perform the functions of the payment document, with securities confirming the raising funds in deposits and bank accounts, with In other securities, the implementation of operations with which does not require a special license in accordance with federal laws, and also have the right to confidentially manage the specified securities under an agreement with individuals and legal entities.
The credit institution has the right to carry out professional activities in the securities market in accordance with federal laws.
Article 7. Brand name of the credit institution
The credit institution must have a full proprietary name and have the right to have a reduced proprietary name in Russian. The credit institution has the right to have a complete proprietary name and (or) abbreviated company name in the languages \u200b\u200bof the peoples of the Russian Federation and (or) foreign languages.
The proprietary name of the credit institution in Russian and the languages \u200b\u200bof the peoples of the Russian Federation may contain foreign language borrowing in Russian transcription or in the transcriptions of the languages \u200b\u200bof the peoples of the Russian Federation, with the exception of terms and abbreviations reflecting the organizational and legal form of the credit institution.
The proprietary name of the credit institution should contain an indication of its activity by using the words "bank" or "non-bank credit organization".
Other requirements for the proposal name of the credit institution are established by the Civil Code of the Russian Federation.
The Bank of Russia, when considering a statement about the state registration of a credit institution, is obliged to prohibit the use of the corporate name of the credit institution, if the intended proprietary name is already contained in the book of state registration of credit institutions.
Use in the company name of the credit organization of the words "Russia", "Russian Federation", "the state", "federal" and "central", as well as words formed on their basis and phrases are allowed in the manner prescribed by federal laws.
No legal entity in the Russian Federation, with the exception of a legal entity who received a license to carry out banking operations from the Bank of Russia cannot use the word "bank", "credit organization" or otherwise indicating that this legal entity It has the right to carry out banking operations.
Article 8. Providing information on the activities of the Credit Organization, Banking Group and Bank Holding
The credit institution is obliged to publish in forms and within the deadlines, which are established by the Bank of Russia, the following information about their activities:
Quarterly - balance sheet, profit and loss statement, information on the level of capital adequacy, the magnitude of reserves for the coverage of dubious loans and other assets;
Annual accounting balance and income statement with the conclusion of an audit company (auditor) on their reliability.
The credit institution is obliged at the request of an individual or legal entity to provide him with a copy of the license for banking operations, copies of other permissions issued (licenses), if the need to obtain these documents is provided for by federal laws, as well as monthly accounting balances for the current year.
For the introduction of individuals and legal entities to error by failure to provide information or by providing inaccurate or incomplete information, a credit institution is responsible in accordance with this Federal Law and other federal laws.
Head Credit Organization of the Banking Group, the heading of the banking holding (Bank Holding Management Company) annually publish its consolidated accounting reports and consolidated income and loss reports in the form, and the deadlines that are established by the Bank of Russia, after confirming their reliability of the audit company (Auditor ).
A credit institution that has a license of the Bank of Russia to attract funds in deposits of individuals, is obliged to disclose interest rates on bank deposit agreements with individuals (as a whole on a credit institution without disclosing information on individual individuals) and information on the debt of the credit institution on deposits of individuals. The procedure for disclosing such information is established by the Bank of Russia.
Article 9. Relationship between the credit institution and the state
The credit organization is not responsible for the obligations of the state. The state is not responsible for the obligations of the credit institution, except when the state itself has assumed such obligations.
The credit organization is not responsible for the obligations of the Bank of Russia. The Bank of Russia is not responsible for the obligations of the credit institution, except in cases where the Bank of Russia has assumed such obligations.
The legislative and executive bodies and local government bodies are not entitled to interfere with the activities of credit institutions, with the exception of cases provided for by federal laws.
The credit organization based on a state or municipal contract for the provision of services for state or municipal needs can carry out certain instructions of the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation and local governments, carry out operations with the funds of the federal budget, budgets of the constituent entities of the Russian Federation and local budgets and Calculations with them, ensure the target use of budgetary funds allocated for the implementation of federal and regional programs. Such a contract must contain mutual obligations of the Parties and provide them with responsibility, conditions and forms of control over the use of budgetary funds.
The credit institution cannot be obliged to implement the activities not provided for by its constituent documents, with the exception of cases where the credit institution assumed the relevant obligations, or cases provided for by federal laws.
Article 10. Constituent Documents of the Credit Organization
A credit organization has a constituent documents provided for by federal laws for a legal entity of the relevant organizational and legal form.
The charter of the credit institution must contain:
1) brand name;
2) an indication of the organizational and legal form;
3) information about the address (location of the management) and separate divisions;
4) a list of banking operations and transactions in accordance with Article 5 of this Federal Law;
5) information about the size of the authorized capital;
6) information about the system of management bodies, including executive bodies, and internal control bodies, on the procedure for their education and their powers;
7) other information provided for by federal laws for the statutes of legal entities of the specified organizational and legal form.
The credit institution is obliged to register all changes made to its constituent documents. The documents stipulated by paragraph 1 of Article 17 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", the regulatory acts of the Bank of Russia, are submitted by a credit institution in the Bank of Russia in accordance with the procedure established by them. The Bank of Russia within a month from the date of submission of all properly executed documents decides on state registration of changes made to the constituent documents of the credit institution and sends to the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" in the Commissioner in accordance with Article 2 of the Federal Law " The executive authority (hereinafter referred to as the authorized registering authority) information and documents necessary for the implementation of these body of functions to conduct a single state register of legal entities.
The interaction of the Bank of Russia with an authorized registering authority on the state registration of changes made to the constituent documents of the credit institution is carried out in the manner agreed by the Bank of Russia with an authorized registering authority.
Article 11. The authorized capital of the credit institution
The authorized capital of the credit institution is drawn up from the magnitude 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 the newly registered bank on the day of filing a petition for state registration and issuing a license for banking operations is established in the amount of 180 million rubles. The minimum amount of the authorized capital of the newly registered non-bank credit institution appropriate for the license providing for the right to make settlements on behalf of legal entities, including corresponding banks, on their bank accounts, on the day of submission of a petition for state registration and issuing a license for banking Operations are set in the amount of 90 million rubles. The minimum amount of the authorized capital of the newly registered non-bank credit institution appropriate for the license for non-bank credit institutions entitled to carry out cash transfers without opening bank accounts and related other banking operations, on the day of filing a petition for state registration and issuance of a license for implementation Banking operations are established in the amount of 18 million rubles. The minimum amount of the authorized capital of the newly registered non-bank credit institution that does not apply on obtaining these licenses, on the day of filing a petition for state registration and the issuance of a license for banking operations is established in the amount of 18 million rubles.
Part Three lost strength.
The Bank of Russia establishes the limited amount of property (non-monetary) deposits into the authorized capital of the credit institution, as well as the list of types of property in a non-monetary form, which can be paid to the payment of authorized capital.
Cannot be used to form the authorized capital of a credit institution raised cash. Payment of the authorized capital of the credit institution with an increase in its authorized capital by testing the requirements for a credit organization is not allowed. The Bank of Russia has the right to establish the procedure and criteria for assessing the financial situation of the founders of the credit institution.
Funds of federal budget and state extrabudgetary funds, free cash and other property facilities that are managed by federal state authorities cannot be used to form the authorized capital of a credit institution, except in cases provided for by federal laws.
Budgets of the constituent entities of the Russian Federation, local budgets, free cash and other property facilities that are managed by state authorities of the constituent entities of the Russian Federation and local governments can be used to form the authorized capital of the credit institution on the basis of a constituent act of the constituent entity of the Russian Federation or decision Local governments in the manner provided for by this Federal Law and other federal laws.
Acquisition and (or) obtaining in trust management (hereinafter - the acquisition) as a result of one or several transactions with one legal or individual or a group of legal and (or) individuals related to the agreement or a group of legal entities who are subsidiaries or dependent on The relation to each other, over 1 percent of the shares (shares) of the credit institution requires the notification of the Bank of Russia, more than 20 percent - the prior consent of the Bank of Russia. Bank of Russia no later than 30 days from the date of receipt of the application reports the applicant in writing about his decision - harmony or refusal. Failure must be motivated. In the event that the Bank of Russia did not report deciding during the specified period, the acquisition of shares (shares) 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 (shares) of the credit institution and the procedure for notifying the Bank of Russia on the acquisition of over 1 percent of shares (shares) of the credit institution is established by federal laws and the regulatory acts of the Bank of Russia are established in accordance with them.
The Bank of Russia has the right to refuse to agree on the acquisition of more than 20 percent of shares (shares) of the credit institution in the establishment of the unsatisfactory financial position of the acquisitions of shares (fractions), violation of antitrust rules, as well as in cases where credit campaigns (share) Organizations, there are judicial decisions that have come into force, which established the facts of committing unlawful actions in bankruptcy, deliberate and (or) fictitious bankruptcy, and in other cases provided for by federal laws.
The Bank of Russia refuses the country of consent to acquire more than 20 percent of shares (shares) of the credit institution, if earlier the court was established by the Wine of the person acquiring a shares (share) of the credit institution, in causing losses of any credit institution in the duties of the member of the Board of Directors ( The Supervisory Board) of the credit institution, the sole executive body, his deputy and (or) a member of the Colleagidal Executive Authority (Board, Directorate).
The founders of the bank are not entitled to enter out the Bank's participants during the first three years from the date of its registration.
Article 11.1. Credit Organs
The authorities of the 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 credit institution is carried out by the sole executive body and the collegial executive body.
The sole executive body, his deputies, members of the collegial executive body (hereinafter referred to as the head of the credit institution), the chief accountant of the credit institution, the head of its branch is not entitled to hold posts 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 are affiliated persons in relation to a credit institution in which its head, chief accountant, head of its branch, except in the case provided for in this part. If credit organizations are in relation to each other, the main and subsidiary economic societies, the sole executive body of the subsidiary of a credit institution has the right to hold positions (with the exception of the Chairman's post) in the collegial executive body of the credit institution - the main society.
Candidates for the posts of members of the Board of Directors (Supervisory Board), the head of the credit institution, the Chief Accountant, Deputy Chief Accountants of the Credit Organization, as well as the head of the head, Deputy Head, the Chief Accountant, Deputy Chief Accountants of the branch of the Credit Organization must comply with the qualification requirements established by federal laws and those adopted in accordance with them regulatory acts of the Bank of Russia.
The credit institution is obliged in writing to notify the Bank of Russia about all the estimated appointments as the head of the credit institution, the Chief Accountant, Deputy Chief Accountant of the Credit Organization, as well as the position of the head, Deputy Head, Chief Accountant, Deputy Chief Accountant of the branch of the credit institution. The notification must contain the information provided for by subparagraph 8 of Article 14 of this Federal Law. The Bank of Russia within a month from the date of receipt of this notice gives consent to the specified appointments or represents a motivated refusal in writing on the grounds provided for in Article 16 of this Federal Law.
The credit institution is obliged to notify the Bank of Russia on the exemption from the posts of the head of the credit institution, the Chief Accountant, the Deputy Chief Accountant of the Credit Organization, as well as the head, Deputy Head, the Chief Accountant, Deputy Chief Accountant of the Credit Organization branch no later than the working day following the day making such a decision.
A credit institution is obliged to notify the Bank of Russia on the election (liberation) of a member of the Board of Directors (Supervisory Board) within three days from the date of the adoption of such a decision.
Article 11.2. Minimum amount of own funds (capital) of a credit organization
The minimum amount of own funds (capital) is established for the Bank in the amount of 180 million rubles, with the exception of the case provided for by the Fourth of this article.
The size of own funds (capital) of a non-bank credit institution that applies to obtaining the status of the Bank, on the 1st day of the month, in which the appropriate application was submitted to the Bank of Russia, should be at least 180 million rubles.
License to carry out banking operations, providing a credit institution with the right to carry out banking operations with funds in rubles and foreign currency, attract money from individuals and legal entities in rubles and foreign currency (hereinafter - the General License) may be issued a credit organization with its own Funds (capital) at least 900 million rubles as of the 1st month, which was submitted to the Bank of Russia a petition for obtaining a general license.
The bank, who has on January 1, 2007, its own funds (capital) is less than 180 million rubles, has the right to continue its activities, provided that the size of its own funds (capital) will not decrease compared with the level reached on January 1, 2007.
The amount of own funds (capital) of the Bank, which meets the requirements established by the Fourth of this article, from January 1, 2010 should be at least 90 million rubles.
The amount of own funds (capital) of the Bank, which meets the requirements of the established parts of the fourth and fifth of this article, from January 1, 2012 should be at least 180 million rubles.
With a decrease in the size of own funds (capital) of the Bank due to the change in the Bank of Russia, the methods of determining the size of own funds (capital) of the Bank Bank, who on January 1, 2007, its own funds (capital) in the amount of 180 million rubles and more, must achieve the minimum The size of its own funds (capital) established by this article, calculated on the new methodology for determining the size of the bank's own funds (capital) of the Bank, determined by the Bank of Russia, and the Bank, who had on January 1, 2007, its own funds (capital) in the amount of less than 180 million rubles - Much of two quantities: the size of own funds (capital), which had been on January 1, 2007, calculated on a new methodology for determining the amount of own funds (capital) of the Bank, determined by the Bank of Russia, or the size of own funds (capital) established by the parts of the fifth and The sixth of this article, on the appropriate date.
Chapter II. Procedure for registration of credit institutions and licensing of banking operations
Article 12. State registration of credit institutions and issuing licenses for 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 the Special Procedure established by this Federal Law of the State Registration of Credit Organizations.
The decision on the state registration of a credit institution is made by the Bank of Russia. The introduction of information on the establishment, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by an authorized registering authority on the basis of the decision of the Bank of Russia on the relevant state registration. The interaction of the Bank of Russia with an authorized registering authority on state registration of credit institutions is carried out in the manner agreed by the Bank of Russia with an authorized registering authority.
The Bank of Russia, in order to implement the tests and supervisory functions, leads the book of state registration of credit institutions in the manner prescribed by federal laws and the regulatory acts of the Bank of Russia adopted in accordance with them.
The state registration of credit institutions is charged a state duty in the manner and in size, which is established by the legislation of the Russian Federation.
The credit institution is obliged to inform the Bank of Russia on the change in the information specified in paragraph 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information about the licenses received, within three days from the date of such changes. The Bank of Russia no later than one working day from the date of receipt of relevant information from the credit institution reports this to an authorized registering authority, which contributes to the Unified State Register of Legal Entities to record information about the credit institution.
The license to carry out banking operations of the credit institution is issued after its state registration in the manner prescribed by this Federal Law and the regulatory acts received in accordance with it by the Bank of Russia.
The credit organization has the right to carry out banking operations from the date of receipt of the license issued by the Bank of Russia.
Article 13. Licensing of banking operations
The implementation of banking operations is made 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 the cases specified in the part of the ninth of this article and in the Federal Law "On the National Payment System".
The licenses issued by the Bank of Russia are taken into account in the register of issued licenses for banking operations.
The register of licenses issued by credit organizations are subject to publication by the Bank of Russia in the official publication of the Bank of Russia ("Bulletin of the Bank of Russia") at least once a year. Changes and additions to the specified registry are published by the Bank of Russia within a month from the date of their introduction to the registry.
In licenses for banking operations, banking operations are indicated for which this credit organization has the right, as well as a currency in which these banking operations can be implemented.
License for banking operations is issued without limiting the timing of its action.
Implementation by the legal entity of banking operations without a license, if obtaining such a license is mandatory, entails a penalty from such a legal entity of the entire amount resulting from the implementation of these operations, as well as the penalty of the fine in the twofold amount of this amount into the federal budget. The recovery is carried out in court under the claim of the prosecutor corresponding to the federal executive body authorized by the Federal Law, or the Bank of Russia.
The Bank of Russia has the right to submit to the arbitration court about the liquidation of a legal entity carrying out bank transactions without a license if obtaining such a license is mandatory.
Citizens who illegally carrying out banking operations are carrying civil law, administrative or criminal liability in accordance with law.
The State Corporation "The Bank for Development and Foreign Economic Activities (Vnesheconombank)" has the right to carry out banking operations, the right to implement which is provided on the basis of the Federal Law "On Development Bank".
Article 13.1.Lost strength.
Article 14. Documents necessary for the state registration of a credit institution and obtaining a license for banking operations
For state registration of the credit institution and obtaining a license for banking operations to the Bank of Russia, the following documents are submitted to the Bank of Russia:
1) application with a petition for state registration of a credit institution and issuing a license for banking operations; The application also includes information about the address (location) of the permanent executive body of the credit institution, according to which communication with the credit institution is carried out;
2) a memorandum (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 the founders (participants) of the credit institution, the minutes of the meeting of founders (participants), which contains decisions on the approval of the Charter of the credit institution, as well as candidates for appointing as the head of the credit institution and the chief accountant of the credit institution. The procedure for compiling a business plan of the credit institution and the criteria for its assessment is established by the regulatory acts of the Bank of Russia;
5) documents on the payment of state duty for the state registration of a credit institution and for providing a license for banking operations in creating a credit institution;
6) audit conclusions about the reliability of the financial statements of the founders - legal entities;
7) documents (according to the list established by the Bank of Russia's regulatory acts) confirming the sources of origin of funds introduced by the founders - individuals in the authorized capital of the credit institution;
8) Questionnaires candidates for the position of the head of the credit institution, the Chief Accountant, Deputy Chief Accountant of the Credit Organization, as well as the position of the head, Deputy Head, Chief Accountant, Deputy Chief Accountants of the branch of the credit institution.
These questionnaires are filled with these candidates personally and should contain information established by the Bank of Russia's regulatory acts, as well as information:
Of these persons of the highest legal or economic education (with the presentation of a copy of the diploma or replacing his document) and the experience of the management of the department or other division of a credit institution related to the implementation of banking operations, at least one year, and in the absence of special education - management experience a division of at least two years;
on the presence (absence) of criminal record;
9) Questionnaires of candidates for the posts of the sole executive body and the chief accountant of the non-bank credit institution that has the right to carry out cash transfers without opening bank accounts and related other banking operations. These questionnaires are filled with these candidates personally and should contain information established by the Bank of Russia's regulatory acts, as well as information:
The presence of higher professional education among these persons (with a copy of a diploma or replacing his document);
On availability (about the absence) of criminal record.
In addition to the documents specified in the part of this article, the Central Bank of the Russian Federation independently requests in the federal executive body, which carries out the state registration of legal entities, individuals as individual entrepreneurs and peasant (farmer) farms, information about the state registration of legal entities that are founders. A credit institution, and in the tax authority requests information on the fulfillment by the founders - legal entities of obligations to the 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 the first part of this article do not apply to the case of submission of documents for the state registration of a non-bank credit institution that has the right to carry out cash transfers without opening bank accounts and related other banking operations, and receiving a license for banking operations.
Article 15. The procedure for state registration of a credit institution and issuing a license for banking operations
When submitting the documents listed in Article 14 of this Federal Law, the Bank of Russia issues the founders of the credit institution written confirmation of documents from them necessary for the state registration of a credit institution and obtaining a license to carry out banking operations.
Making a decision on state registration of a credit institution and issuing a license to carry out banking operations or a refusal of this is made in a period not exceeding six months from the date of submission of all documents provided for by this Federal Law, and the adoption of such a decision regarding the non-bank credit institution with the right to The implementation of cash transfers without opening bank accounts and related other banking operations is within a period not exceeding three months.
The Bank of Russia, after the decision on the state registration of the credit institution, sends information to the authorized registering authority and the documents necessary for the implementation of the functions of the unified state register of legal entities.
Based on the specified decision taken by the Bank of Russia, and the necessary information and documents submitted by him and documents, the authorized registering authority on the period not more than five working days from the date of obtaining the necessary information and documents contributes to the Unified State Register of Legal Entities the relevant entry and no later than the working day following Behind the day of making an appropriate entry, reports this to the Bank of Russia.
Bank of Russia no later than three working days from the date of receipt from the authorized registering authority of information on a credit institution made to the Unified State Register of Legal Entities notifies its founders with a requirement to make 100 percent of the declared authorized capital of the credit institution and issues the founders a document confirming the fact of making a credit institution record to the Unified State Register of Legal Entities.
Neo-payment or incomplete payment of the authorized capital within the prescribed period is the basis for the conversion of the Bank of Russia to the court with the requirement to eliminate the credit institution.
To pay for the authorized capital, the Bank of Russia opens up a registered bank, and, if necessary, and the non-bank credit institution, a correspondent account in the Bank of Russia. Details of the correspondent account are indicated in the notification of the Bank of Russia on the state registration of the credit institution and issuing a license for banking operations.
Upon presentation of documents confirming payment of 100 percent of the declared authorized capital of the credit institution, the Bank of Russia within three days issues a credit institution license to carry out banking operations.
Part seven is excluded.
Article 16. Grounds for refusing to the state registration of a credit institution and issuing a license for banking operations
The refusal to the state registration of a credit institution and issuing a license for banking operations is allowed only on the following grounds:
1) The discrepancy between candidates proposed for the position of the head of the credit institution, the chief accountant of the credit institution and its deputies, qualifications established by federal laws and the regulatory acts of the Bank of Russia adopted in accordance with them. Under the non-compliance of candidates offered to these positions, these qualifications are understood:
The lack of higher legal or economic education and experience of the management department, another division of the credit institution, whose activities are associated with the implementation of banking operations, or the absence of a biennial experience of leadership by such a department, a division (for candidates for the post of sole executive body and the chief accountant of the non-bank credit institution, eligible for cash transfers without opening bank accounts and related other banking operations - the lack of higher professional education);
The presence of a criminal record for committing crimes in the field of economics;
During one year, preceding the day of submission to the Bank of Russia of documents for the state registration of a credit institution, an administrative offense in the field of trade and finance, established by the decision of the authority, authorized to consider cases of administrative offenses;
For two years, preceding the day of submission of documents to the Bank of Russia for state registration of a credit institution, the facts of termination with these persons of the employment contract (contract) on the initiative of the Administration on the grounds provided for in paragraph 2 of Article 254 of the Code of Labor on Labor of the Russian Federation;
The presentation of documents for the state registration of a credit institution to the Bank of Russia for the State Registration of the Credit Organization to the Bank of Russia, in which each of these candidates was on the position of the head of the credit institution, the requirements for replacing it as the head of the credit institution in the manner prescribed by the Federal law "On the Central Bank of the Russian Federation (Bank of Russia)";
Non-compliance of the business reputation of these candidates with the requirements established by federal laws and the regulatory acts of the Bank of Russia adopted in accordance with them;
The presence of other grounds established by federal laws;
2) the unsatisfactory financial position of the founders of a credit institution or non-fulfillment of their obligations to the federal budget, budgets of the constituent entities of the Russian Federation and local budgets over the past three years;
3) the discrepancy between the documents submitted to the Bank of Russia for the state registration of a credit institution and obtaining a license to carry out banking operations, the requirements of federal laws and the regulatory acts of the Bank of Russia;
4) The discrepancy between the business reputation of candidates for the positions of members of the Board of Directors (Supervisory Board) by the qualification requirements established by federal laws and the regulatory acts of the Bank of Russia, the presence of a criminal record for committing a crime in the field of economics.
The decision to refuse to the state registration of a credit institution and the issuance of a license for banking operations is reported to the founders of the credit institution in writing and must be motivated.
Refusal to the state registration of the credit institution and issuing a license to carry out banking operations, non-commissioned by the Bank of Russia within the prescribed period of the relevant decision may be appealed to the arbitration court.
Under a business reputation in accordance with this article, the assessment of the professional and other qualities of the person who allows him to hold an appropriate position in the management bodies of the credit institution.
Article 17. State registration of a credit institution with foreign investments and a branch of a foreign bank and issuing licenses for banking operations
For the state registration of a credit institution with foreign investments and a branch of a foreign bank and obtaining a license for banking operations, in addition to the documents specified in Article 14 of this Federal Law, are further submitted properly decorated documents listed below.
Foreign legal entity presents:
1) the decision to participate in the creation of a credit organization in the Russian Federation or on the opening of the Bank's branch;
2) a document confirming the registration of a legal entity, and balances in the three previous years, confirmed by the audit conclusion;
3) the written consent of the relevant control body of its location to participate in the creation of a credit institution in the Russian Federation or the opening of the Bank's branch in cases where such permission is required under the legislation of the country of its location.
A foreign individual is a confirmation of the first-class (according to international practice) by the foreign bank of the solvency of this person.
Article 18. Additional requirements for the creation and activities of credit organizations with foreign investments and branches of foreign banks
The size (quota) of foreign capital participation in the banking system of the Russian Federation is established by the Federal Law on the proposal of the Government of the Russian Federation agreed with the Bank of Russia. The specified quota is calculated as the ratio of total capital belonging to non-residents in the authorized capital of credit institutions with foreign investments, and capital of branches of foreign banks to the total authorized capital of credit organizations registered in the territory of the Russian Federation.
The Bank of Russia ceases issuing licenses for banking operations to banks with foreign investment, branches of foreign banks when achieving the established quota.
The Bank of Russia has the right to impose a ban on an increase in the authorized capital of the credit institution at the expense of non-residents and the alienation of shares (shares) in favor of non-residents, if the result of this action is to exemplate foreign capital participation quota in the banking system of the Russian Federation.
Part of the fifth lost strength.
The Bank of Russia has the right to establish as a consultation with the Government of the Russian Federation for credit institutions with foreign investments and branches of foreign banks restrictions on banking operations, if in relevant foreign countries regarding banks with Russian investments and branches of Russian banks, restrictions are applied in their creation and activities.
The Bank of Russia has the right to establish in the manner prescribed by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", additional requirements for credit organizations with foreign investments and branches of foreign banks regarding the reporting procedure, approval of the composition of the leadership and the list of banking operations.
Article 19. Bank of Russia's measures applied by him in the order of supervision in case of violation by the credit institution of federal laws and regulations of the Bank of Russia
In case of violation of federal laws, regulations and prescriptions of the Bank of Russia established by him of the obligatory standards, failure to submit information, submission of incomplete or inaccurate information, failure to submit information to the Bureau of credit stories in case of obtaining the consent of the subject of credit history, as well as actions that create a real threat to the interests Depositors and lenders, the Bank of Russia has the right to supervise the measures established by the Federal Law "on the Central Bank of the Russian Federation (Bank of Russia) to the credit institution (Bank of Russia).
Article 20. Grounds for feedback from a credit organization license to carry out banking operations
The Bank of Russia may withdraw a license for banking operations at the credit institution in cases:
1) establishing the unreliability of information on the basis of which the specified license was issued;
2) delays to start the implementation of banking operations provided for by this license, more than one year from the date of its issuance;
3) establishing the facts of significant unreliability of reporting data;
4) delays in more than 15 days of presentation of monthly reporting (reporting documentation);
5) implementation, including one-time, banking operations not provided for by this license;
6) non-fulfillment of federal laws regulating banking activities, as well as regulatory acts of the Bank of Russia, if within one year the measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" were repeatedly applied to the credit institution, as well as a repeated violation during One year of the requirements provided for in Articles 6 and 7 (with the exception of paragraph 3 of Article 7) of the Federal Law "On Counteracting Legalization (laundering) of the income received by criminal means."
7) repeatedly within one year of the guilty non-fulfillment of the courts contained in the executive documents, arbitration courts for the recovery of funds from accounts (from deposits) of credit institutions in the presence of funds in the accounts (in deposits) of these persons;
8) the presence of a petition of the temporary administration, if by the time of the expiration of the specified administration established by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations", there are grounds for its purpose provided for by the Federal Law;
9) repeated non-submission within the established period of the credit institution in the Bank of Russia of the updated information necessary for amending the Unified State Register of Legal Entities, with the exception of information on the obtained licenses;
10) Failure to pay a credit institution that is a managing mortgage coating, the requirements of the Federal Law "On Mortgage Securities" and published in accordance with it of regulatory legal acts of the Russian Federation, as well as dissemination of violations on time, if within one year the credit institution was repeatedly used Measures stipulated by 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 No. 224-ФЗ, which comes into force on the expiration of three years after the day of official publication, part of the first article 20 will be supplemented by paragraph 11 of the following content:
"11) a repeated violation during one year of the requirements of the Federal Law" On Countering the Unlawful Use of Insider Information and Manipulating the Market and on Amendments to Selected Legislative Acts of the Russian Federation "and adopted in accordance with it regulatory legal acts, taking into account the characteristics established by the Federal Law . ")
The Bank of Russia is obliged to withdraw a license for the implementation of banking operations in cases:
1) If the capital adequacy of a credit organization becomes below 2 percent.
If in the last 12 months preceding the moment when, in accordance with this article, the credit institution should be withdrawn from the specified license, the Bank of Russia has changed the methodology for calculating capital adequacy of credit institutions, for the purposes of this article, the method is applied, in accordance with which credit capital adequacy Organizations reaches the maximum value;
2) If the amount of own funds (capital) of the credit institution is below the minimum value of the authorized capital established at the date of state registration of the credit institution. The specified basis for the review of the license for banking operations is not applied to credit institutions during the first two years from the date of issuance of a license for banking operations;
3) if the credit organization does not perform within a period established by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations", the requirements of the Bank of Russia on bringing the value of the authorized capital and the size of own funds (capital);
4) If a credit institution is not able to meet the requirements of creditors on monetary obligations and (or) to fulfill the obligation to pay mandatory payments within 14 days from the onset of their satisfaction and (or) execution. At the same time, these requirements in the aggregate should be at least 1000 times the size of the minimum amount of remuneration established by federal law;
5) If the bank, the size of own funds (capital) of which on January 1, 2007 is equal to 180 million rubles or higher than this amount, for three months in a row, decreases the size of its own funds (capital) below 180 million rubles, except for the decline due to changes in the methodology identifying the size of own funds (capital), and does not submit a petition to the Bank of Russia to change its status on the status of a non-bank credit institution;
6) if the bank, the size of own funds (capital) of which, on January 1, 2007, less than 180 million rubles, did not reach the appropriate date for the size of own funds (capital) established by the parts of the fifth and sixth of Article 11.2 of this Federal Law, or if this bank in The course of three months in a row allows a decrease in the size of own funds (capital) (except in cases of such a decrease due to the application of the changed methodology for determining the size of own funds (capital) of the bank) less than more than two quantities: the size of own funds (capital) achieved by him on January 1, 2007 years, or the size of own funds (capital) established by the parts of the Fifth and the sixth of Article 11.2 of this Federal Law, and does not submit a petition for the status of a non-bank credit institution to the Bank of Russia;
7) If the Bank, who has been on January 1, 2007, own funds (capital) in a amount equal to 180 million rubles and above, and allowed a decrease in the size of own funds (capital) below the minimum size established by Article 11.2 of this Federal Law, due to the change in the definition methodology The size of its own funds (capital), during 12 months did not reach the minimum amount of own funds (capital) and did not file a petition for the status of a non-bank credit institution to the Bank of Russia;
8) if the bank, who has been on January 1, 2007, own funds (capital) in the amount of less than 180 million rubles and allowed a decrease in the size of own funds (capital) compared with the level reached on January 1, 2007 or established to the appropriate date of the part of the fifth and The sixth of article 11.2 of this Federal Law, due to the application of the changed methodology for determining the size of own funds (capital) of the Bank, during 12 months did not reach more than two quantities: the size of own funds (capital), which took place on January 1, 2007, or its own sizes funds (capital) established at the corresponding date by parts of the fifth and sixth of Article 11.2 of this Federal Law, and did not file a petition to the status of a non-bank credit institution to the Bank of Russia.
In cases stipulated by part of this article, the Bank of Russia recalls a license for banking operations at a credit institution within 15 days from the date of receipt by the Bank of Russia, responsible for the feedback of this license, reliable information on the availability of grounds for the revocation of this license from a credit institution.
Recalling a license to carry out banking operations on other grounds, with the exception of the grounds provided for by this Federal Law, is not allowed.
The decision of the Bank of Russia about the revocation of the credit institution of a license to carry out banking operations enters into force from the date of the adoption of the relevant Act of the Bank of Russia and may be appealed within 30 days from the date of publication of the report on the revocation of the license for banking operations in the Bulletin of the Bank of Russia. Appealing the indicated decision of the Bank of Russia, as well as the application of measures to ensure lawsuage regarding a credit organization, does not suspend the actions of the specified decision of the Bank of Russia.
The report of the credit organization of the license for banking operations is published by the Bank of Russia in the official publishing of the Bank of Russia "Vestnik Bank of Russia" within a week from the date of the adoption of the relevant decision.
After the credit institution of the license to carry out banking operations, the credit institution should be liquidated in accordance with the requirements of Article 23.1 of this Federal Law, and in case of recognition by bankrupt, in accordance with the requirements of the Federal Law on the insolvency (bankruptcy) of credit institutions. "
After the credit institution of a license to carry out banking operations, the Bank of Russia:
No later than the working day, following the Day of Reviews of this License, appoints a temporary administration to a credit institution in accordance with the requirements of the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations";
Makes the actions provided for in Article 23.1 of this Federal Law.
Since the credit institution has a license to carry out banking operations:
1) It is considered to be the deadline for the fulfillment of the obligations of the credit institution, which arose before the day of the review of the license to carry out banking operations.
At the same time, the amount of monetary obligations and responsibilities for the payment of obligatory payments of the credit institution, expressed in foreign currency, is determined in rubles at the rate established by the Bank of Russia on the Day of Reviews at the credit institution of a license for banking operations;
2) the accrual of the percent and financial sanctions provided for by federal law or the contract of interest and financial sanctions on all types of debt of the credit institution, with the exception of financial sanctions for non-fulfillment or improper performance by the credit institution of its current liabilities;
3) the execution of executive documents on property recovery is suspended, compulsory execution of other documents is not allowed, the recovery on which is indisputable, except for the execution of executive documents on the recovery of debt under current obligations of the credit institution;
4) until the day of entry into force of the decision of the Arbitration Court on the recognition of a credit institution insolvent (bankrupt) or the liquidation of a credit organization is prohibited:
Committing transactions with the property of a credit institution, including the fulfillment of the credit institution obligations, with the exception of transactions related to the current obligations of the credit institution, defined in accordance with this article;
fulfillment of obligations to pay mandatory payments arising before the day of feedback from the credit institution license to carry out banking operations;
termination of obligations to the credit institution by testing oncoming homogeneous requirements;
5) The reception and implementation of payments to Customer Accounts for Credit Organization (individuals and legal entities) are terminated. Credit organizations and institutions of the Bank of Russia returned payments arriving after the day of the review of the license to carry out banking operations in favor of the Customer Organization's customers to pay payers in senders banks.
Under current obligations of the credit organization are understood:
1) Communication obligations related to the continuation of the activities of the credit institution (including utility, rental and operational payments, expenditures on communication services, ensuring the safety of property), the costs of fulfilling the functions by the Bank of Russia with a temporary administration for managing a credit institution, payment the labor of persons working under the employment contract, the payment of existences to these persons in case of their dismissal, as well as other expenses related to the elimination of a credit organization after the review of the license to carry out banking operations;
2) responsibilities for the payment of mandatory payments arising from the day the license to carry out banking operations;
3) liabilities to transfer monetary amounts held from wages (alimony tax on income of individuals, trade union and insurance premiums and other assigned to the employer in accordance with the federal laws of payments) paid to employees of the credit institution in accordance with federal laws.
Payment of expenditures related to the execution of current obligations of the credit institution is made by the United Bank of Russia by the Interim Administration on the Management of the Credit Organization on the basis of the estimates of the costs approved by the Bank of Russia.
In the period after the day, the license is reviewed by banking operations and until the day of the entry into force of the decisions of the Arbitration Court on the recognition of a credit institution insolvent (bankrupt) or its liquidation, a credit organization has the right to:
1) collect and receive debt, including on previously issued loans, to return advance payments previously implemented by a credit institution, receive funds from repaying securities and revenues on securities owned by a credit organization on ownership;
2) to return the property of a credit institution located in third parties;
3) receive income from previously conducted banking operations and concluded transactions, as well as on operations related to the professional activities of this credit institution in the securities market;
4) In coordination with the Bank of Russia, the return of funds, mistakenly enrolled on the correspondent account or correspondent subaccount of the credit institution. The order of coordination of the return of erroneously enrolled funds is established by the regulatory acts of the Bank of Russia;
5) to return to customers with the credit institution of securities or other property, which are made by a credit institution for storage and (or) accounting on trust management agreements or other agreements related to the implementation of the credit institution of professional activities in the securities market, with reflection of this on the relevant accounts or depot accounts;
6) carry out other actions to fulfill the functions by the Bank of Russia as appointed by the Bank of Russia for the management of the credit institution provided for by the Federal Law on the insolvency (bankruptcy) of credit institutions "and adopted in accordance with the regulatory acts of the Bank of Russia.
Article 21. Consideration of disputes with the participation of a credit institution
Decisions and actions (inaction) of the Bank of Russia or its officials can be appealed to a credit institution in court or an arbitration court in the manner prescribed by federal laws.
The 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 give a response to the substantial issues affected by them.
Disputes between the credit institution and its customers (individuals and legal entities) are permitted in the manner prescribed by federal laws.
Article 22. Branches, Representative Offices and Internal Structural Divisions of the Credit Organization
A branch of a credit institution is its separate division located outside the location of the credit institution and carrying out all or part of the banking operations provided for by the Bank of Russia licensed issued by the credit institution.
The representative office of the credit institution is its separate division located outside the location of the credit institution, which represents its interests and their protection. The representative office of a credit institution has no right to carry out banking operations.
Branches and representative offices of a credit institution are not legal entities and carry out their activities on the basis of the provisions approved by their credit institution.
The leaders of branches and representative offices are appointed by the head of the credit institution that created their credit institution and operate on the basis of a power of attorney issued in the prescribed manner.
The credit organization opens the branches and representative offices on the territory of the Russian Federation since the notice of the Bank of Russia. The notification indicates the postal address of the branch (representation), its powers and functions, information about the leaders, the scale and nature of the planned operations, and the prints of its press and samples of signatures of its leaders are presented.
Part of the sixth has lost its strength.
Branches of a credit institution with foreign investments in the territory of the Russian Federation are registered by the Bank of Russia in the manner prescribed.
The internal structural division of the credit institution (its branch) is its (its) unit located outside the location of the credit institution (its branch) and carrying out banking operations on its behalf, the list of which is established by the Bank of Russia's regulatory acts, within the license of the Bank of Russia issued by the credit Organizations (provisions on the branch of the credit institution).
Credit organizations (their branches) have the right to discover internal structural units outside the locations of credit institutions (their branches) in forms and procedure that are established by regulatory acts of the Bank of Russia.
The authority of the branch of the credit institution to make a decision on the opening of an internal structural unit should be provided for by the Regulations on the branch of the credit institution.
Article 23. Liquidation or reorganization of a credit institution
The liquidation or reorganization of the credit institution is carried out in accordance with federal laws, taking into account the requirements of this Federal Law. At the same time, the state registration of a credit institution in connection with its liquidation and state registration of the credit institution created by its reorganization is carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the features established by this Federal Law and the Accepted In accordance with it regulatory acts of the Bank of Russia. Information and documents necessary for the implementation of the state registration of a credit institution in connection with its liquidation and state registration of a credit institution created by reorganization are submitted to the Bank of Russia. The list of specified information and documents, as well as the procedure for their submission is determined by the Bank of Russia.
The Bank of Russia after making a decision on the state registration of a credit institution in connection with its liquidation or state registration of a credit institution created by its reorganization, sends information and documents necessary to the authorized registering authority and documents necessary for the implementation of the functions to conduct a single state register of legal entities.
Based on the specified decision taken by the Bank of Russia, and the necessary information and documents submitted by him and documents, the authorized registering authority within five working days from the date of obtaining the necessary information and documents contributes to the Unified State Register of Legal Entities the relevant entry and no later than the working day following the day of making The corresponding record, reports this to the Bank of Russia.
The interaction of the Bank of Russia and the authorized registering authority on the issue of state registration of a credit institution in connection with its liquidation or state registration of a credit institution created by reorganization is carried out in the manner agreed by the Bank of Russia with an authorized registering authority.
A written notice of the beginning of the procedure for the reorganization of a credit institution with an application for a decision on the reorganization of a credit institution is sent by a credit institution to the Bank of Russia within three working days after the date of the specified decision. If you participate in the reorganization of two or more credit institutions, such a notification is sent by a credit institution, the latter decided to reorganize a credit institution or determined by the specified decision. The Bank of Russia places this notice on its official website in the information and telecommunications network "Internet" and no later than one working day from the date of receipt from the credit organization of this notice sends information to the authorized registering authority on the start of the procedure for the reorganization of the credit institution (credit institutions) with the application specified Decisions, on the basis of which the specified body contributes to the Unified State Register of Legal Entities, a record that the credit organization (credit institutions) is (located) in the reorganization process.
The state registration of the credit institution in connection with its liquidation is carried out within 45 working days from the date of submission to the Bank of Russia all the documents decorated in the prescribed manner.
State registration of a credit institution created by reorganization in the event that it was not decided to refuse such registration, carried out within six months from the date of submission to the Bank of Russia all the documents decorated in the prescribed manner.
The Bank of Russia has the right to prohibit the reorganization of the credit institution, if as a result of it, there will be grounds for the use of insolvency prevention measures (bankruptcy) provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations."
In case of termination of the activities of the credit institution, on the basis of the decision of its founders (participants), the Bank of Russia at the request of the credit institution decides to cancel the license to carry out banking operations. The procedure for representing the credit institution of this petition is regulated by the regulatory acts of the Bank of Russia.
If, after making a decision by the founders (participants) of the credit institution on its liquidation, the Bank of Russia on the basis of Article 20 of this Federal Law decides to revoke a license for banking operations, the decision of the founders (participants) of the credit organization about its liquidation and other related decisions The founders (participants) of a credit institution or the decision by the founders appointed by the founders (participants) of the credit institution of the liquidation commission (liquidator) lose legal force. The credit organization is subject to liquidation in the manner provided for in Article 23.1 of this Federal Law.
In case of cancellation or revocation of a license for banking operations, a credit institution within 15 days from the date of adoption of such a decision returns the specified license to the Bank of Russia.
The founders (participants) of the credit institution, who made the decision on its liquidation, appoint a liquidation commission (liquidator), approve the interim liquidation balance and the liquidation balance of the credit institution in coordination with the Bank of Russia.
The elimination of a credit institution is considered to be completed, and the credit institution has ceased its activities after making an authorized registering authority of the relevant entry into 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)
Bank of Russia within 15 days from the date of feedback from the credit institution of a license to carry out banking operations is obliged to contact the Arbitration Court with the requirement to eliminate the credit institution (hereinafter referred to Licenses The credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations".
If a credit institution's review of the license to carry out banking operations at a credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations", or the availability of these features established by the Bank of Russia by the Interim Administration for the Office of the Credit Organization after the Day of Review The credit institution of the specified license, the Bank of Russia appeals to the arbitration court with a statement on the recognition of a credit institution insolvent (bankrupt) in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations".
The Arbitration Court considers the statement of the Bank of Russia on the forced liquidation of the credit institution in accordance with the rules established by the Arbitration Procedure Code of the Russian Federation, and taking into account the features established by this Federal Law. The application of the Bank of Russia on the forced liquidation of the credit institution is considered by the Arbitration Court within a period not exceeding one month from the date of submission of the specified statement.
The Arbitration Court decides to eliminate the credit institution and the appointment of the liquidator of the credit institution, if there is no sign of the insolvency (bankruptcy) of the credit institution on the day of revocation of a license for banking operations. When considering the application of the Bank of Russia on the compulsory liquidation of the credit institution, the preliminary court session provided for by the Arbitration Procedure Code of the Russian Federation is not conducted.
The Arbitration Court sends a decision on the elimination of a credit institution to the Bank of Russia and the authorized registering authority, which contributes to the Unified State Register of Legal Entities that the credit organization is in the process of liquidation.
Article 23.2. Liquidator of the credit organization
The presentation of the candidate of the Liquidator of the Credit Organization to the Arbitration Court and the approval of this candidacy an arbitration court is carried out in the manner prescribed by the Federal Law "On the insolvency (bankruptcy) of credit institutions" for submission and approval of the competitive manager of the credit institution.
The liquidator of the credit institution, which had a license of the Bank of Russia to attract funds in deposits of individuals, is the Deposit Insurance Agency.
The liquidator of the credit institution that did not have a license of the Bank of Russia to attract funds to the deposits of individuals, the Arbitration Court approves the arbitration manager corresponding to the requirements of the Federal Law on Insolvency (Bankruptcy) and accredited with the Bank of Russia as a competitive manager in bankruptcy of credit institutions.
The liquidator of the credit institution proceeds to the exercise of its authority from the date of entry into force of the decision of the Arbitration Court to eliminate the credit institution and the appointment of the liquidator of the credit institution and is valid until the day of entering into the Unified State Register of Legal Entities Recording on the liquidation of the credit institution.
The liquidator of the credit institution in the process of eliminating a credit institution is obliged to act in good faith and reasonable and take into account the rights and legitimate interests of credit institutions, society and the state. The liquidator of the credit institution in the process of eliminating the credit institution has the right and fulfills the responsibilities provided for by this Federal Law, and in the part-of-the-federal law "on the insolvency (bankruptcy) of credit institutions" for the competitive manager of the credit institution.
The liberation or removal of the liquidator of a credit institution from office is carried out in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" for competitive production.
Article 23.3. The consequences of making a decision by the arbitration court on the elimination of a credit organization
The decision of the Arbitration Court to eliminate the credit institution enters into force from the date of its adoption. Appealing the decision of the Arbitration Court on the liquidation of a credit organization does not suspend its execution.
From the date of entry into force, the decisions of the Arbitration Court on the liquidation of the credit institution are the consequences provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" for the case of recognizing the credit institution insolvent (bankrupt).
Article 23.4. Regulation of the liquidation procedures of the credit organization
The elimination of the credit institution 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 competitive production, with the peculiarities established by this Federal Law.
The lenders of the liquidated credit institution have the rights provided for by this Federal Law, and in the Federal Law of the Federal Law on the insolvency (bankruptcy) of credit institutions. The liquidator of a credit institution is obliged to hold the first meeting of creditors of the liquidated credit organization no later than 60 days after the deadline for the expiration date established for the presentation of creditors' claims.
Control over the activities of the liquidator of the credit organization, the procedure for submitting reporting to the Bank of Russia, as well as the audit by the Bank of Russia, the activities of the liquidator of the credit institution are carried out in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" for competitive production.
After the deadline established to present the credit institutions credit requirements, the liquidator of a credit institution constitutes an interim liquidation balance, which should contain information on the composition of the property of the liquidated credit institution, the list of credit management requirements of the credit institution, as well as the results of their consideration. The interim liquidation balance is considered at the meeting of creditors and (or) a meeting of the credit management committee of credit institutions and after such a consideration is subject to coordination with the Bank of Russia.
The satisfaction of credit management claims is carried out in accordance with the intermediate liquidation balance, starting from the date of its coordination with the Bank of Russia and in order of priority provided for by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations".
The procedure for carrying out operations with the property of a credit institution, not included in accordance with the Federal Law "On the insolvency (bankruptcy) of credit institutions" in the competitive mass in the event of insolvency (bankruptcy) of the credit institution, is determined by the federal law.
In the event that the credit institution has no money from the credit institution to meet the requirements of credit institutions, the liquidator of a credit institution implements the property of the credit institution in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy) of Credit Organizations".
The term elimination of a credit institution may not exceed 12 months from the date of entry into force of the decision of the Arbitration Court to eliminate the credit institution. This period may be extended by an arbitration court on the sound target of the liquidator of the credit institution.
If during the procedure for the elimination of a credit institution, it will be revealed that the value of the property of a credit institution in respect of which the decision to eliminate is not sufficient to meet the requirements of credit institutions, the liquidator of a credit institution is obliged to send an application to the Arbitration Court to recognize the credit institution of insolvent (bankrupt).
The report on the results of the liquidation of the credit institution with the application of the liquidation balance is heard at the meeting of creditors or the meeting of the credit management committee of the credit institution and is approved by the Arbitration Court in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy)".
Defining the Arbitration Court to approve the report of the liquidator of a credit institution on the results of the liquidation and completion of the elimination of a credit institution The liquidator of a credit institution is obliged to submit to the Bank of Russia with the application of documents stipulated by the regulatory acts of the Bank of Russia to implement the State Registration of the Credit Organization in connection with its liquidation, within ten days The day of this definition.
Article 23.5. Features of the reorganization of a credit organization in the form of mergers, accession and transformation
No later than 30 days from the date of decision on the reorganization of the credit institution, a credit organization is obliged to place information about this on its official website in the Internet information and telecommunication network and notify about this decision of its creditors in one of the following ways:
1) by sending each creditor of a written notice (postal departure with a notice of awarding) and publication in the print edition, intended to publish information on state registration of legal entities, reports on the decision taken;
2) by publishing a message about the decision in a printed publication, intended to publish information on state registration of legal entities, as well as in one of the printed publications intended to publish regulatory legal acts of state authorities of the subject of the Russian Federation, in the territory of which the branch is located (branches ) This credit organization.
The specified notification (message) must contain information:
1) on the form of reorganization, the procedure and period of it;
2) in the case of reorganization in the form of mergers and transformation - on the proposed organizational and legal form, the intended location created as a result of the reorganization of the credit organization and the list of banking operations, which it involves implementing;
3) in the case of reorganization in the form of joining - on the organizational and legal form, the location of the credit institution, to which the accession is carried out and the list of banking operations, which exercise and implies to carry out such a credit organization;
The procedure for notifying creditors about the decision on the reorganization of a credit institution is determined by the general meeting of participants (shareholders) or the Board of Directors (the Supervisory Board) of the Credit Organization, if the charter of the credit institution is considered to be related to its competence, and is communicated to creditors by placing relevant information in places available to them in a credit organization and in all its divisions. The credit institution is obliged at the request of the interested person to provide him with a copy of the specified decision. The fee charged by a credit institution for providing such a copy cannot exceed the cost of its manufacture.
State registration of the credit institution created as a result of the reorganization, and entering into a unified state register of legal entities of records of termination of the activities of reorganized credit institutions is carried out in the presence of evidence of notification of creditors in the manner prescribed by this article.
The credit organization creditor - an individual in connection with the reorganization of the credit institution is entitled to demand the early execution of the relevant commitment, and if it is impossible for early execution - termination of the obligation and compensation for damages, if such an obligation arose before the date:
1) obtaining them a written notice (in the case of using the method of notification of creditors specified in paragraph 1 of the first part of this article);
2) the publication of a credit institution in the print edition, intended to publish information about the state registration of legal entities, reports on the decision on the reorganization of the credit institution (in the case of using the method of notifying the creditors specified in paragraph 2 of the first part of this article).
The credit institution creditor - a legal entity in connection with the reorganization of the credit institution has the right to demand early execution or termination of the relevant commitment and damages, if such a right requirement is provided to a legal entity in accordance with the terms of the contract concluded with the Credit Organization.
The above requirements are sent by credit institutions creditors in writing within 30 days from the date of receipt by the creditor of the notification or within 30 days from the date of publication of a credit institution in the print edition, intended to publish information about the state registration of legal entities, reports on the decision on the reorganization of credit Organizations.
A credit institution from the date of decision on the reorganization of the credit institution and to the date of its completion is obliged to disclose information on significant facts (events, actions) affecting the financial and economic activities of the credit institution. Under such facts (events, actions) for the purposes of this Federal Law are understood:
1) reorganization of the credit institution, its subsidiaries and affiliates;
2) the onset of facts that caused a one-time increase or decrease in the value of the credit organization's assets by more than 10 percent, the facts resulting from a one-time increase in net profit or net losses of a credit institution by more than 10 percent, committing a credit organization of one-time transactions, the size of which or the value of property which is 10 or more percent of the assets of the credit institution as of the date of the transaction;
3) the acquisition of a person at least 5 percent of ordinary shares of a credit institution (at least 5 percent of the share capital of the credit institution), as well as any change, as a result of which the amount of such shares belonging to this person (fractions) became more or less than 5, 10, 15, 20, 25, 30, 50 or 75 percent of placed ordinary shares of a credit organization (shares in the authorized capital of a credit institution);
4) information on the decisions of general meetings of shareholders (participants) of the credit institution;
5) information about accrued and (or) income paid on emission securities of a credit institution established in the form of a joint stock company (about part of the net profit of the credit institution created in the form of a limited liability company or a company with an additional responsibility distributed between its participants);
6) the direction of owners of securities of the credit institution created in the form of an open joint stock company, in accordance with the head of XI.1 of the Federal Law of December 26, 1995 N 208-FZ "On Joint-Stock Companies" of a voluntary or compulsory offer (including competing proposal) On the acquisition of shares, as well as other issuing securities convertible in stocks, or notifications of the right to demand redemption of securities or requirements for redemption of securities.
The disclosure of information on significant facts (events, actions) affecting the financial and economic activities of the credit institution is made by publishing it in the Printing publication specified in the Credit Organization's report on the decision on the reorganization of the credit institution. Such publication is carried out in a period not exceeding five days from the moment of the onset of these facts (events, actions).
The credit institution is obliged to place information on significant facts (events, actions) also on its official website in the Internet information and telecommunications network in a period not exceeding three days from the moment of the indicated facts (events, actions).
The provisions of this article also apply in the reorganization of a credit institution at the request of the Bank of Russia in cases established by federal laws.
Chapter III. Ensuring the stability of the banking system, the protection of the rights, interests of depositors and creditors of credit institutions
Article 24. Ensuring the financial reliability of a credit organization
In order to ensure financial reliability, the credit organization is obliged to create reserves (funds), including the impairment of securities, the procedure for the formation and use of which is established by the Bank of Russia. The minimum sizes of reserves (foundations) are established by the Bank of Russia. The amounts of deductions to reserves (funds) from profits to taxation are established by federal laws on taxes.
The credit institution is obliged to carry out the classification of assets, highlighting dubious and hopeless debts, and create reserves (funds) to cover possible losses in the manner established by the Bank of Russia.
The credit institution is obliged to comply with the mandatory standards established in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". The numerical values \u200b\u200bof the required standards are established by the Bank of Russia in accordance with the federal law.
The credit institution is obliged to organize internal control, providing an appropriate level of reliability corresponding to the nature and scope of the operations.
When dismissed from office, the sole executive body of the credit institution is obliged to transfer property and documents of the credit institution to a person from among its leaders. In the absence of such a person at the time of liberation from the post of sole executive body, it is obliged to ensure the safety of property and documents of the credit institution, notifying the measures taken by the Bank of Russia.
Article 25. Standard of mandatory reserves of the bank
The Bank is obliged to fulfill the standard of mandatory reserves deposited in the Bank of Russia, including in terms of terms, volumes and types of funds raised. The procedure for depositing of mandatory 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 must have an account in the bank of Russia to store mandatory reserves. The procedure for opening the specified account and the implementation of operations on it is established by the Bank of Russia.
Article 26. Bank secrecy
The credit institution, the Bank of Russia, the organization that performs functions on compulsory deposit insurance guarantee the secret of operations, the accounts and contributions of its customers and correspondents. All employees of the credit institution are obliged to keep the secret on operations, accounts and contributions of its clients and correspondents, as well as on other information established by the credit institution, if this does not contradict the federal law.
Certificates for operations and accounts of legal entities and citizens who carry out entrepreneurial activities without the formation of a legal entity are issued by the credit institution by themselves, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, tax authorities, the customs authorities of the Russian Federation, the federal executive body in Areas of Financial Markets, Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation and the Enforcement Bodies of Judicial Acts, acts of other bodies and officials in cases provided for by legislative acts on their activities, and in the presence of the consent of the Head of the Investigative Body - the preliminary investigation authorities located in their production.
In accordance with the legislation of the Russian Federation, certificates for operations and accounts of legal entities and citizens who carry out entrepreneurial activities without the formation of a legal entity are issued by the credit institution in the internal affairs bodies in the implementation of functions to identify, prevent and curl tax crimes.
Help on the accounts and deposits of individuals are issued by the credit institution by themselves, ships, the forced execution authorities of judicial acts, acts of other bodies and officials, an organization that performs functions on compulsory deposit insurance, upon the occurrence of insured cases provided for by the Federal Law on Insurance of Deposits of Individuals In the banks of the Russian Federation, and in the presence of the consent of the head of the investigative body - the preliminary investigation authorities on cases in their production.
In the event of deaths on accounts and deposits, in the event of their owners, their owners are issued by the credit institution to those specified by the account or contribution to the credit institution made by the credit institution, notarial offices on the inheritance cases of deceased contributors, and in relation to foreign citizens' accounts - foreign consular institutions.
Information on operations of legal entities, citizens who carry out entrepreneurial activities without the formation of a legal entity and individuals is provided by credit institutions to the authorized body carrying out measures to counteract the legalization (laundering) of the income obtained by criminal means in cases, the procedure and the amount provided for by the Federal The law "On Countering Legalization (Laundering) of Revenues Received by Crime".
Bank of Russia, an organization that performs functions on compulsory deposit insurance is not entitled to disclose information on accounts, deposits, as well as information on specific transactions and operations from reports of credit institutions obtained by him as a result of the execution of licensed, supervisory and control functions, except in cases provided for by federal laws.
Audit organizations are not entitled to disclose information about operations, accounts and contributions of credit institutions, their clients and correspondents received during the inspections conducted by them, with the exception of cases provided for by federal laws.
The authorized body performing measures to counter the legalization (laundering) of the income received by criminal means is not entitled to disclose the information received from credit institutions in accordance with the Federal Law "On Countering Legalization (Laundering) of the income received by criminal means", except provided for in the federal law. The federal executive authority in the field of financial markets is not entitled to disclose information received from credit institutions in accordance with the Federal Law "On Countering the Unlawful Use of Insider Information and Manipulating the Market and to Amendments to Selected Legislative Acts of the Russian Federation", with the exception of cases stipulated by the federal law.
For disclosing banking secrets, the Bank of Russia, an organization that performs functions for compulsory deposit insurance, credit, auditing and other organizations, an authorized body that measures the legalization (laundering) of the income obtained by criminal, and the Currency Control authority authorized by the Government of the Russian Federation and Currency control agents, as well as their officials and their employees are responsible, including reimbursement of damage, in the manner prescribed by the Federal Law.
The organization that performs functions on compulsory deposit insurance is not entitled to disclose to third parties information obtained in accordance with the Federal Law on Insuranceing Deposits of Individuals in the Banks of the Russian Federation.
Information on legal entities, citizens who carry out entrepreneurial activities without the formation of a legal entity and individuals with their consent seems to be credit institutions in order to form credit stories to the credit history bureaus in the manner and on the conditions that are provided for by the contract with credit histories bureaus in accordance With the Federal Law "On Credit Stories".
Banking payment agents guarantee the secret of accounts on accounts and accounts of individuals whose payments are accepted by them in accordance with Article 13.1 of this Federal Law.
(In accordance with the Federal Law of 27.06.2011 N 162-ФЗ after one year after the day of official publication, part of the thirteenth Article 26 will be set forth in a new edition:
"Payment System operators are not entitled to disclose information about operations and accounts of participants in payment systems and their clients, with the exception of cases provided for by federal laws.")
Documents and information related to currency transactions, discovery and conducting accounts and stipulated by the Federal Law "On Currency Regulation and Currency Control" are provided by credit institutions by the Currency Control authority authorized by the Government of the Russian Federation, tax authorities and customs authorities as currency control agents in cases , manner and scope, which are provided for in the federal law.
Currency control and currency control agents are not entitled to disclose information received from credit institutions in accordance with the Federal Law "On Currency Regulation and Currency Control", with the exception of cases provided for by federal laws.
Information on trade and clearing accounts of legal entities and on operations 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 authority in the field of financial markets is not entitled to disclose to third parties information obtained in accordance with the Federal Law "On Clearing and Clearing Activities".
Operating centers, payment clearing centers are not entitled to disclose information about operations and accounts for the participants of payment systems and their clients, obtained when providing operating services, clearing services to the payment system participants, with the exception of the transfer of information within the payment system, as well as cases provided for federal laws.
The provisions of this article apply to information on the operations of clients of credit institutions carried out by banking payment agents (subagents).
The provisions of this article also apply to information on the balances of electronic cash of clients of credit institutions and information on electronic money transfers by credit institutions by ordering their clients.
Article 27. The overlay of arrest and appeal against funds and other values \u200b\u200bin the credit institution
For funds and other values \u200b\u200bof legal entities and individuals who are in accounts and deposits or on storage in a credit institution, as well as to the balance of electronic cash, the arrest may not be imposed as a court and arbitration court, judge, as well as by the Organ Decration preliminary investigation in the presence of a court decision.
When applying for cash on accounts in deposits and deposits, or to the balance of electronic funds, a credit organization immediately upon obtaining a decision on arresting is terminated by the expenditure operations on this account (contribution), as well as the transfer of electronic cash within the limits of the electronic balance Cash to which arrest is imposed.
Declaration of funds and other values \u200b\u200bof individuals and legal entities that are in accounts and deposits or storage in a credit institution, as well as on the balance of electronic funds can be addressed only on the basis of executive documents in accordance with the legislation of the Russian Federation.
The credit institution, the Bank of Russia is not responsible for the damage caused by the imposition of arrest or appeal against the funds and other values \u200b\u200bof their clients, except for the cases provided for by law.
The confiscation of funds and other values \u200b\u200bcan be made on the basis of a court sentence that has entered into legal force.
Chapter IV. Interbank relations and customer service
Article 28. Interbank Operations
(In accordance with the Federal Law of 27.06.2011 N 162-ФЗ, after one year after the day of the official publication of the word "Claimed settlement Centers and" will be excluded.)
Credit organizations on the contractual principles can attract and place each other in the form of deposits (deposits), loans, carry out calculations through the established procedure settlement centers and correspondent accounts opened by each other, and perform other mutual operations provided for by licenses issued Bank of Russia.
The credit institution reports monthly to the Bank of Russia on newly open correspondent accounts in the territory of the Russian Federation and abroad.
Credit organizations establish correspondent relations with foreign banks registered in the territories of the offshore zones of foreign countries, in the manner determined by the Bank of Russia.
Correspondent relations between the credit institution and the Bank of Russia are carried out at the contractual principles.
The write-off of funds from the accounts of the credit institution is carried out at its order or with its consent, except in cases provided for by the Federal Law.
With a lack of funds for customer lending and the fulfillment of obligations assumed, a credit institution may apply for loans to the Bank of Russia on the conditions determined by him.
(In accordance with the Federal Law of 27.06.2011 N 162-ФЗ after one year after the day of official publication, Article 28 will be supplemented by part of the seventh of the following content:
"Credit organizations have the right to carry out cash transfers within the framework of payment systems that meet the requirements of the Federal Law" On the National Payment System ".)
Article 29. Interest rates on loans, deposits (deposits) and commission remuneration for credit institutions
Interest rates on loans and (or) the procedure for their definition, including the definition of the interest rate on the loan, depending on the change in the conditions provided for in the loan agreement, interest rates on deposits (deposits) and the commission for operations are established by the Credit Organization by agreement with clients, unless otherwise provided by federal law.
The credit organization has no right to unilaterally change interest rates on loans and (or) the procedure for their definition, interest rates on deposits (deposits), commission remuneration and duration of these contracts with customers - individual entrepreneurs and legal entities, except in cases provided for Federal law or contract with the client.
Under the banking contribution agreement (deposit), made by a citizen on the terms of its issuance after a certain period or on the occurrence of the circumstances envisaged, the Bank cannot be unilaterally reduced by the term of this Agreement, the amount of interest is reduced, increased or established a commission for transactions, except Cases stipulated by federal law.
According to a loan agreement concluded with a borrowed citizen, a credit institution cannot unilaterally reduce the validity of this contract, increase the amount of interest and (or) to change the procedure for their definition, increase or establish a commission for operations, except in cases provided for by the Federal Law .
The credit institution - the owner of the ATM is obliged to inform the payment cardholder until it exercises with the use of a payment card, transferring them to the orders of a credit institution on the implementation of settlements on its bank accounts using ATMs belonging to this credit institution, a warning inscription, which is reflected in the ATM screen, The amount of commission, established by the credit institution - the owner of an ATM and charged by it for the commission of these operations in addition to the remuneration established by the contract between the credit institution, which made the release of the payment card, and the holder of this card, or the absence of such remuneration, and also reflect on the results of these Operations Information on the Commission Remuneration of the Credit Organization - the ATM holder in the event of such remuneration on the ATM check or the absence of such remuneration.
Article 30. Relations between the Bank of Russia, credit institutions, their clients and the Bureau of Credit Stories
The relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of contracts, unless otherwise provided by federal law.
In the contract, interest rates on loans and deposits (deposits), the cost of banking services and the deadlines for their implementation, including the timing of processing documents, property responsibility for violations of the contract, including responsibility for violating obligations to make payments, as well as The procedure for its termination and other substantive terms of the contract.
Customers have the right to discover the number of settlement, deposit and other accounts they need in any currency in banks with their consent, unless otherwise established by federal law.
The order of opening, maintaining and closing by the Bank of Customer Accounts in rubles and foreign currency is established by the Bank of Russia in accordance with federal laws.
The participants in the credit institution do not have any advantages when considering the issue of obtaining a loan or the provision of other banking services, unless otherwise provided by federal law.
The credit institution is obliged in accordance with the procedure provided for by the Federal Law on Credit Stories, to submit all available information necessary for the formation of credit stories in relation to all borrowers who gave consent to its submission, at least in one bureaus of credit stories included in the State Register of the Bureau credit stories.
Credit organization before the conclusion of a loan agreement with a borrower - an individual and before changing the terms of the loan agreement with the specified borrower, which enhates the change in the full cost of the loan, is obliged to provide the borrower to the individual information about the full cost of the loan, as well as the list and size of the payments of the borrower - individual, associated with non-compliance with the conditions of the loan agreement.
The credit institution is obliged to determine in the loan agreement the full cost of the loan provided by the borrower - an individual, as well as indicate a list and dimensions of the borrower's payments - an individual associated with non-compliance with the conditions of the loan agreement.
In the calculation of the full cost of the loan, the payments of the borrower - an individual on a loan associated with the conclusion and execution of a loan agreement, including the payments of the specified borrower in favor of third parties in case the obligation of this borrower in such payments follows from the terms of the loan agreement, which defines such third parties.
In the event that the full cost of the loan cannot be determined before the conclusion of a loan agreement with a borrower - an individual and before changing the terms of the loan agreement, which enhates the change in the full cost of the loan, since the loan agreement implies various sizes of payments of the specified loan borrower, depending on its decision, The credit institution is obliged to bring to the borrower - an individual information on the full cost of the loan, determined on the basis of the maximum possible amounts of loan and credit period.
The calculation of the full cost of the loan does not include payments of the borrower - an individual on the loan associated with non-compliance with the conditions of the loan agreement.
The total cost of the loan is calculated by the credit institution and is communicated to the borrower - an individual in the manner prescribed by the Bank of Russia.
Article 31. Implementation of calculations by a credit institution
The credit institution carries out calculations according to the rules, forms and standards established by the Bank of Russia; In the absence of rules for conducting certain types of calculations - by agreement between themselves; When implementing international settlements - in the manner prescribed by federal laws and the rules adopted in international banking practice.
The credit institution, the Bank of Russia is obliged to transfer the client's funds and enrollment of funds to his account no later than the next operating day after receiving the relevant payment document, unless otherwise established by federal law, contract or payment document.
In case of untimely or incorrect credit institution, a credit institution, the Bank of Russia pays interest in the amount of these funds at the rate of refinancing of the Bank of Russia.
Article 32. Antimonopoly Rules
Credit organizations are prohibited to conclude agreements and exercise concerted actions aimed at monopolizing the banking services market, as well as to limit competition in banking.
Acquisition of shares (shares) of credit institutions, as well as the conclusion of agreements providing for monitoring the activities of credit institutions (credit institutions), should not contradict the antimonopoly rules.
Compliance with antitrust rules in the field of banking services is monitored by the State Committee of the Russian Federation on Antimonopoly Policy and Support for New Economic Structures, together with the Bank of Russia.
Article 33. Ensuring the return of loans
The loans provided by the Bank can be provided by the guarantee of real estate and movable property, including state and other securities, bank guarantees and other methods provided for by federal laws or treaty.
In violation by the borrower of obligations under the Agreement, the Bank has the right to accumulate the loans provided early and accrued interest on them, if it is provided for by the Agreement, as well as to pay for the mortgaged property in the manner prescribed by the Federal Law.
Article 34. Advertisement of debtors untenable (bankrupt) and repayment of debt
The credit organization is obliged to take all measures provided for by the legislation of the Russian Federation to recover the debt.
The credit institution has the right to apply to the Arbitration Court with a statement on the initiation of insolvency proceedings (bankruptcy) against debtors who do not perform their obligations on debt repayment, in accordance with federal laws.
Chapter V. Branches, Representative Offices and Subsidiaries of the Credit Organization in the Foreign State
Article 35. Branches, representative offices and subsidiaries of a credit organization in the territory of a foreign state
A credit institution with a General License may, with the permission of the Bank of Russia, to create branches on the territory of the foreign state and after the notification of the Bank of Russia - representation.
A credit institution with a general license may, with permission and in accordance with the requirements of the Bank of Russia, have subsidiaries in the territory of a foreign state.
Bank of Russia no later than a three-month period from the moment of receipt of the appropriate application reports the applicant in writing about his decision - harmony or refusal. Failure must be motivated. In the event that the Bank of Russia did not report on the decision taken during the specified period, the corresponding permission of the Bank of Russia is considered to be obtained.
Chapter VI. Savings
Article 36. Bank deposits of individuals
Contribution - cash 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 contribution is returned to the depositor in its first requirement in the manner prescribed for the contribution of this type by federal law and the relevant contract.
Deposits are accepted only by banks that have such a right in accordance with the license issued by the Bank of Russia participating in the system of compulsory insurance of deposits of individuals in banks and consistent in the organization that performs functions on compulsory deposit insurance. Banks ensure the preservation of deposits and the timeliness of the fulfillment of their obligations to depositors. Attraction of funds into deposits is issued in writing in two copies, one of which is issued to the depositor.
The right to involve funds in deposits of individuals can be provided to banks, from the date of state registration of which has passed at least two years. In the confluence of banks, the specified period is calculated on a bank having an earlier date of state registration. When converting the bank, the specified period is not interrupted.
Part Fourth lost strength.
The right to attracting funds to the deposits of individuals may be provided to the newly registered bank or the bank, from the date of state registration of which was less than two years, if:
1) the size of the authorized capital of the newly registered bank or the amount of own funds (capital) of the current bank is the amount of at least 3 billion 600 million rubles;
2) The Bank complies with the obligation established by the regulatory act of the Bank of Russia to disclose the unlimited circle of individuals information about persons providing a significant (direct or indirect) influence on decisions taken by the Bank's management bodies.
Article 37. Bank depositors
Bank depositors may be citizens of the Russian Federation, foreign citizens and stateless persons.
Depositors are free in the choice of a bank for deposit cash and may have deposits in one or several banks.
Depositors can dispose of deposits, receive income deposits, make non-cash payments in accordance with the Treaty.
Article 38. The system of compulsory insurance of deposits of individuals in banks
To ensure the guarantees of the return of citizens attracted by banks and compensate for the loss of income on invested funds, a system of compulsory insurance of deposits of individuals in banks is created.
Participants in the system of compulsory insurance of deposits of individuals in banks are an organization that performs functions on compulsory deposit insurance, and banks that attract citizens.
The procedure for the creation, formation and use of the system of compulsory insurance of deposits of individuals in banks is determined by federal law.
Article 39. Voluntary Deposit Insurance Funds
Banks have the right to create voluntary deposit insurance funds to ensure return deposits and revenue payments. Voluntary Deposit Insurance Funds are created as non-commercial organizations.
The number of banks - founders of the Voluntary Insurance Fund of deposits must be at least five with the total authorized capital of at least 20-fold minimum amount of the authorized capital established in accordance with this Federal Law for Banks at the Fund's Date.
The procedure for the creation, management and activities of voluntary insurance funds deposits is determined by their charters and federal laws.
The bank is obliged to put customers knowing his participation or non-participation in the funds of voluntary deposit insurance. In the case of participation in the Voluntary Insurance Fund, the Bank informs the Client about insurance conditions.
Chapter VII. Accounting in credit institutions and supervision of their activities
Article 40. Accounting Rules in the Credit Organization
Accounting rules, submission of financial and statistical reporting, the preparation of annual reports by credit institutions are established by the Bank of Russia, taking into account international banking practice.
The Bank of Russia establishes the specifications of accounting on the state corporation "Bank of Development and Foreign Economic Activities (Vnesheconombank)."
Article 41. Supervision of the activities of the credit organization
The supervision of the activities of the credit institution is carried out by the Bank of Russia in accordance with federal laws.
Article 42. Audit verification of a credit organization, banking groups and banking holdings
The reporting of a credit institution is subject to an annual audit of the audit organization that has a license to carry out such inspections in accordance with the legislation of the Russian Federation. The reporting of banking groups and the reporting of banking holdings are subject to annual verification of an audit organization that has a license in accordance with the legislation of the Russian Federation to carry out inspections of credit institutions and carrying out the audit of credit institutions for at least two years. Licenses for auditing audits of credit institutions are issued in accordance with federal laws audit organizations carrying out audit activities of at least two years.
The audit of the credit institution, banking groups and banking holdings is carried out in accordance with the legislation of the Russian Federation.
The audit organization is obliged to make a conclusion on the results of the audit, containing information on the reliability of the financial statements of the credit institution, the fulfillment of obligatory standards established by the Bank of Russia, the quality of the management of the credit institution, the state of internal control and other provisions determined by federal laws and the charter of the credit institution.
The audit report is sent to the Bank of Russia within a three-month period from the date of submission to the Bank of Russia annual reports of the credit organization, banking groups and banking holdings.
Article 43. The reporting of the credit institution, the reporting of banking groups and the reporting of bank holdings
A credit institution presents an annual report to the Bank of Russia (including balance sheet and profit and loss statement) after confirming its accuracy of the audit organization. If a credit institution has the ability to provide a significant (direct or indirect) influence on the activities of other legal entities (with the exception of credit institutions), it constitutes the specified report on a consolidated basis in the manner determined by the Bank of Russia.
The credit institution publishes an annual report in an open press (including the balance sheet and a profit and loss statement) in the form and timelines that are established by the Bank of Russia, after confirming its accuracy to the audit organization.
The head credit institution of the banking group, the parental organization of the banking holding (the banking banking company) accounts and submit to the Bank of Russia in order to oversee the activities of credit institutions on a consolidated basis in the manner determined by the Bank of Russia, the consolidated reporting on the activities of the banking group and the consolidated reporting on The activities of the banking holding, each of which includes the consolidated accounting report, the consolidated profit and loss statement, as well as the calculation of risks on a consolidated basis.
For the purposes of compiling, submitting and publishing consolidated reporting on the activities of the banking group, the reporting of other legal entities should be included in the composition of these consolidated statements, for which credit organizations included in the banking group can have a significant (direct or indirect) impact on the activities and Decisions made by the management bodies of these legal entities.
For the purposes of drawing up, submitting and publishing consolidated reporting on the activities of the Banking Holding, the reporting of other legal entities should include the reporting of other legal entities in respect of which the head organization of the Banking Holding (management company of the banking holding) and (or) credit organizations included in the banking Holding, can have a significant (direct or indirect) effect on solutions made by the management bodies of these legal entities.
Legal entities for which the head credit institution of the banking group, the parental organization of the banking holding (bank holding management company) have a significant (direct or indirect) influence, for the purposes of compiling consolidated reporting are obliged to submit them to reporting on their activities.
The head credit institution of the banking group, the heading organization of the banking holding (the banking holding company) is not entitled to disclose the information received from other legal entities in this banking group (this banking holding), information about their activities, except for the cases provided for by this Federal Law, or cases arising from the tasks of publishing consolidated reporting.
Chairman
Supreme Council of the RSFSR
B.N. Yeltsin
Federal Law No. 395-1 "On Banks and Banking"
Federal Law "On Banks and Banking" Of December 2, 1990 No. 395-1 is the main document regulating the creation and activities of credit organizations in Russia.
Chapter 1 of the Law is devoted to the general provisions of banking activities, its structure is described. The range of operations that exclusively credit organizations can be engaged. It is given the definition of unions, associations, groups and holdings created by banks. The basics of the relationship between banks and the state are laid. In addition, the section registered the basic concepts necessary to create a bank: minimal, controls.
Chapter 2 regulates the registration of credit institutions and licensing banking operations, the procedure for creating branches and representative offices. It contains a list of necessary documents, describes the grounds for failure. Here, the features of the creation of a credit organization with foreign participation in Russia are indicated, and issues are considered, in what situation the license may be withdrawn, and the procedure for the liquidation of the bank.
Chapter 3 - on banking stability and reliability, as well as about protecting the rights of depositors and creditors. Here the establishment of standards that banks should be guided by the Central Bank. The concept of bank reserves is introduced, the definition of bank secrecy is given, as well as the procedure for overlaying arrest and adding a penalty for funds in the credit institution.
Chapter 4 refers to banking practice: the establishment of interbank relations, interest rates, commission remuneration of banks. In the latter editorial office of the law, a separate chapter introduces such a concept as a bureau of credit stories. Considered issues of ensuring the return of loans, bankruptcy of customers. There is a section dedicated to antitrust rules.
Chapter 5 - on the creation of representative offices and subsidiaries abroad.
Chapter 6 is fully devoted to a savings case - deposits of individuals, a system of compulsory and voluntary insurance.
In the last chapter 7, we are talking about accounting in credit institutions, as well as the oversight of the activities of banks, compulsory reports and audits. In addition, accounting features are described in banking groups and holdings.
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